ESBD_427281_1749759958568_SOL_PST_RFP_25R0006092.pdf

DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-25R0006092

TYPE OF SOLICITATION

NEGOTIATED - REQUEST FOR

PROPOSAL (RFP)

DATE ISSUED

06/12/2025 Texas On Road Vehicle Emissions Testing (TORVET)

Vendor must submit electronic responses no later than 5:00 P.M. Central Time on 07/14/2025 to the following address or via the DPS Online Bid Room.

DPS_Solicit_Response@dps.texas.gov Attention: 405-25R0006092

DPS is not currently accepting any in-person solicitation responses. DPS will only accept electronic responses received by the date and time indicated in this document.

FOR INFORMATION CONTACT:

Kristy Watts, CTCD/CTCM

Contract Administrator

PHONE: (512) 424-2448

EMAIL: Kristy.Watts@dps.texas.gov

RESPONSE (Respondent must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

(Respondent acknowledges receipt of Solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF RESPONDENT:

RESPONSE DATE

EMAIL AND TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, AND REMEDIES

By signing this document, Vendor represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate.

Failure to sign will deem the response non-responsive. DPS may pursue and enforce any available remedies against Vendor for making false statements, including disqualifying the Vendor’s response, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

TERM, PRICING, AND FUNDING

The initial contract term commences on the effective date stated in the signing document, or purchase order and expires five years from that effective date.

If necessary, at the end of the contract term, DPS reserves the right to extend continued performance of the Contract at rates specified within, by written notification to Contractor for no more than a six-month period, for the purpose of re-advertising, awarding a new Contract, or transitioning into a new Contract.

DPS will not allow changes after Date of Award to terms or pricing during Contract term. The continuation of the Contract for any period is subject to the availability of DPS’s funding source for the Contract.

Template Approved 5/26/2022

TABLE OF CONTENTS

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.4 MANDATORY PRICING SCHEDULE

SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

C.2 SCOPE

C.3 APPLICABLE LAWS, STANDARDS, AND PROGRAM REQUIREMENTS

C.4 LOCATIONS AND SERVICES:

C.5 TRANSITION

C.6 DPS PERSONNEL

C.7 LIQUIDATED DAMAGES

C.8 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.9 INSURANCE REQUIRED UNDER THE CONTRACT

C.10 CRIMINAL HISTORY BACKGROUND CHECK

C.11 CYBER SECURITY CONTRACT REQUIREMENTS

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS ... 20

D.1 RESPONSE PREPARATION INSTRUCTIONS

D.2 SOLICITATION ADDENDA

D.3 LATE SUBMISSIONS, CHANGES, AND WITHDRAWALS OF RESPONSES

D.4 RESPONSE ACCEPTANCE PERIOD

D.5 CONTRACT AWARD

D.6 DPS’s RIGHTS

D.7 RESPONSE SUBMISSION INSTRUCTIONS

D.8 PRESENTATIONS

D.9 DISCUSSION AND CORRESPONDENCE

D.10 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

D.11 AGENCY POSTING OF CONTRACTS

D.12 ANTICIPATED SCHEDULE OF EVENTS

SECTION E—EVALUATION CRITERIA

SECTION A—DEFINITIONS

The following terms and acronyms used in the Contract have the meanings given in this section unless the context indicates otherwise.

“Business Day” means Monday through Friday except for federal, state, and legal holidays observed by the State of Texas.

“Business Hours” means 8:00 a.m. to 5:00 p.m. Central Time.

“Contract” means this formal, written, and legally enforceable agreement between DPS and Contractor.

“Contractor” means the individual, business entity, or organization awarded the Contract. In the context of submitting a response, “Contractor” also means “Respondent” and “Vendor.”

“Date of Award” means the date the Contract is fully executed.

“Days” means calendar days unless otherwise specified.

“DPS” means the Department of Public Safety of the State of Texas, a state agency in the executive branch created under Tex. Gov’t Code Ch. 411.

“Fiscal Year” means any of the one year periods beginning September 1 and ending August 31 used for annual budgetary purposes by the State of Texas.

“Parties” means Contractor and DPS.

“Respondent” means the individual, business entity, or organization that submits a response in response to this solicitation with intent to contract with DPS.

“Vendor” means the individual, business entity, or organization at any stage in the procurement or contracting process (prior to response, during response, and after contract award).

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

A. Respondent must submit proposed pricing on the Mandatory Pricing Schedule that includes all costs, fees, licenses, and all expenses for Contractor’s delivery and performance of the commodities or services requested. The final negotiated, contracted pricing and payment structure will represent Contractor’s sole compensation under the Contract. DPS guarantees no minimum compensation under the Contract.

B. DPS will negotiate pricing prior to award of the Contract if the pricing offered appears that it may not be best value to DPS.

C. Contractor must deliver and provide the commodities and services described in compliance with all requirements of the Contract on a no minimum, as needed, as requested basis. Notwithstanding anything else to the contrary in the Contract, DPS will not make any payments of any amount to Contractor or any other entity or person, and Contractor will not submit any invoices, until Contractor has received approval from DPS’s Contract Monitor specifically stating that DPS accepts the commodities or services and Contractor is authorized to submit an invoice. If DPS does not accept the commodities or services, the Contract will involve no payments of any type for any amount.

B.1.2 Financial Rating Report, Financial Resources, and Ability to Perform

A. Upon request, Respondent must provide evidence of its financial resources and its ability to provide the commodities or perform the services for which Respondent is submitting a response. This includes information Respondent believes is pertinent to demonstrate its financial capability, financial solvency, and capacity to fulfill the requirements of this solicitation.

B. Evidence of financial stability include providing audited financial statements for each of the last two years of Respondent’s operations or, in the alternative, financial statements compiled, reviewed and attested by an independent certified public accountant or certified public accounting firm. Respondents may submit a copy of its Dun & Bradstreet (D&B) Business Information Report. If a D&B Report is submitted the report must include Respondent’s Viability Score and the Portfolio Comparison Score or similar ratings.

C. In lieu of providing financial statements in its Proposal, a Respondent may provide a statement regarding the Respondent’s financial stability and viability to perform under any resulting contract. If Respondent elects this approach rather than audited financial statements, the Respondent must submit a statement, with appropriate supporting documentation, sufficiently detailed to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this solicitation.

D. Respondent must provide information and any other financial information reasonably requested by DPS consistent with the services provided by Respondent or otherwise required by the then applicable DPS policies for similar contracts.

E. Selected Contractor must also submit to the Contract Administrator its financial rating information within 120 days after the end of Contractor’s fiscal year.

F. DPS reserves the right to investigate and determine the financial integrity and responsibility of a Respondent and to reject a response on the grounds of Respondent’s lack of financial soundness, or if DPS reasonably concludes, after reviewing the information submitted by Respondent as well as all other relevant information obtained by DPS, that significant issues exist that could jeopardize Respondent’s full and timely performance. DPS also reserves this same right throughout the life of the Contract, including before executing any optional renewal with Contractor.

B.2 INVOICE REQUIREMENTS

A. Invoices are Contractor’s billing for commodities or services rendered. DPS will pay Contractor based on itemized invoices submitted to and approved by DPS. The invoices must be itemized and clearly identify the actual commodities and services provided.

B. Contractor’s invoice must include the following: the Contract/Purchase Order number, the remittance address, and any prompt payment discount offered. Contractor must email the invoice to the Contract Monitor listed in the Contract and to apinvoices@dps.texas.gov.

The State of Texas will not incur any penalty for late payment if the invoice fails to conform to the requirements of this section or if Contractor did not email the invoice to the appropriate email addresses identified in this section.

B.3 PAYMENTS

A. DPS recommends that Vendor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Vendor elects to be set up for direct deposit payment, Vendor must submit a completed Direct Deposit Authorization Form (74-176).

B. Regardless as to whether Direct Deposit is chosen, Vendor must submit a completed Application for Texas Identification Number (AP-152) and Request for Taxpayer Identification Number and Certifications Form (W-9) with its response.

C. If Vendor has previously submitted a completed Direct Deposit Authorization Form and Request for Taxpayer Identification Number and Certifications Form to DPS for another separate contract, Vendor is not required to submit another form.

mailto:apinvoices@dps.texas.gov

B.4 MANDATORY PRICING SCHEDULE

Respondent must submit pricing within the Pricing Schedule Exhibit F.4 replicating, as necessary, in this exact format.

SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

The Texas Department of Public Safety (DPS) Regulatory Services Division (RSD) administers the Texas On-Road Vehicle Emission Testing (TORVET) program for Texas. The TORVET program, in partnership with the Texas Commission on Environmental Quality (TCEQ), strives to provide clean air to Texas residents and visitors and ensure compliance with federal Environmental Protection Agency (EPA) regulations.

C.2 SCOPE

DPS seeks a Contractor-provided, Contractor-hosted service to collect direct vehicle emission readings within specified locations and at intervals determined by the DPS. DPS will govern the number and location of tests before services are rendered and may increase or decrease the number and locations of tests during the contract term as needed to comply with state and federal requirements. The Contractor will validate, analyze, and attest data accuracy, transmit, and take action on data results. The Contractor will be responsible for the official data repository and provide DPS with a copy.

C.3 APPLICABLE LAWS, STANDARDS, AND PROGRAM REQUIREMENTS

The Contractor must provide the required services within the requirements of all federal, state, and local applicable laws, standards, and regulations. The Contractor must adhere to and be accountable to current and future requirements.

A. 40 Code of Federal Regulations (CFR) Part 51, Subpart S, Federal requirements for remote sensing use in an I/M program

B. Texas Health & Safety Code §382.204, Enabling Statute for a Remote Sensing Program

C. Texas Transportation Code §548.306, Enabling statute for Excessive Motor Vehicle Emission actions

D. Texas State Implementation Plans (SIP): How Texas will implement and attain federal requirements

E. 30 Texas Administrative Code Chapter 114, TCEQ requirements for control of air pollution from motor vehicles

C.4 LOCATIONS AND SERVICES:

Template Approved 5/26/2022 https://www.gpo.gov/fdsys/pkg/CFR-2015-title40-vol2/pdf/CFR-2015-title40-vol2-part51-subpartS.pdf http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.382.htm#382.204 http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.548.htm#548.306 https://www.tceq.texas.gov/airquality/sip/ https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=114&interface=VIEW_TAC&part=1&title=30

The Contractor must perform TORVET services in the non-attainment counties of Texas, which currently include El Paso County, the areas of Dallas/Ft. Worth, Houston/Galveston and all counties listed in the Early Action Compact (EAC), found in the SIP link above in C.3.

DPS may also request the vendor perform a specified number of tests in any Texas location, whether or not it is identified as non-attainment. DPS will give the Contractor 30 days’ notice for these requests.

C.4.1 Site Location Requirements:

A. The Contractor must perform testing within the non-attainment areas established within the current SIP. See Section C.3.Dabove for SIP.

B. The Contractor must perform testing in other areas added to the program within 30 days of addition.

C.4.2 Site Pre-Service Requirements:

Thirty days before performing TORVET services, Contractor must provide the identified DPS Contract Monitor and Project Manger the following for each proposed testing site and alternative sites to address weather or other unforeseen impairments. Thirty-day notice will allow DPS to review proposed testing site locations and request a minimum number of samples. All photos required under this RFP must be of sufficient picture quality to provide a clear and accurate visual representation of the item or area being photographed. DPS has sole authority to determine if the picture quality meets requirements.

A. The specific location for each testing site that must include:

1. A visual representation (color photo) to include a 360o view at each site location and provide a copy to DPS upon request.

2. GPS coordinates in a latitude/longitude in decimal degree format, which DPS may use to display the testing site as a single point on the DPS TXMAP tool.

3. Site schedule by day.

4. Provide the names or team designation of the Contractor’s crew performing the testing.

5. Equipment identifiers for all items used in TORVET services (such as serial #s, make and model)

6. Provide a color photo of all equipment used and a copy to DPS upon request.

7. The Contractor’s assertion of safety for the testing site

B. All sites must be open to physical inspection by a DPS representative at the Agency’s discretion.

C. With a minimum of seven calendar days prior written notice to DPS and only with DPS approval, the Contract may request to change previously agreed to testing sites to an approved alternative testing site.

C.4.3 Administrative Testing Requirements:

Testing must comply with:

A. All applicable federal, state, local, and federal Occupational Safety and Health Administration (OSHA) requirements.

B. Vehicle Specific Power (VSP) between 3 and 22 or otherwise stated by DPS.

C. Capture of vehicle license plate in a manner necessary to result in a match with Vehicle Identification Number (VIN).

C.4.4 Technical Testing Designation / Levels:

The Contractor must categorize all TORVET tests according to one of the following criteria. DPS reserves the right to modify the Caution Level-Emitter and High-Emitter levels as needed.

A. Invalid Calibration / Failed Test: Record of a calibration or a failure where a valid result is impossible.

B. Invalid Low: Emission gas reading of a level too low to be valid for one or more emission gasses.

C. Valid EPA Compliant: Per emission gas reading associated with normal range for vehicle per manufacturer specifications and in line with EPA expected level for all emission gasses.

D. Valid DPS Caution Level Emitter: Per emission gas reading twenty percent (20%) above EPA-compliant level for one or more emission gasses.

E. Valid DPS High-Emitter:

Per emission gas reading where one of the following is true:

1. Carbon Monoxide (CO) level twice (2x) failure rate for Texas emission testing station.

2. Hydrocarbon (HC) level two and one-half times (2.5x) failure rate for Texas emissions testing station.

3. Nitrogen Oxide (NOx) level exceeding four thousand (4,000) parts per million of failure rate for Texas emission testing station.

C.4.5 Testing Equipment Requirements:

All testing equipment used to perform TORVET services must comply with all applicable Quality Control and Engineering Practices set forth by EPA and be certified by the California Bureau of Automotive Repair (BAR), or evidence must be provided that the services meet equivalent specifications. Testing equipment must have functionality to capture, at a minimum, the following.

A. Gases: Testing equipment must be able to detect and measure the following emissions in TORVET settings. Testing equipment must function at a level comparable to OBD II testing in a non-simulated, Texas-licensed emission testing station. Gasoline vehicles model years 2 through 24 years old are inspected annually, beginning with the vehicle's second anniversary. The following gas tests must be accurate, at a minimum, to within 15% of the known concentration emitting from the vehicles in 90% of the TORVET samples.

1. Carbon Monoxide (CO)

2. Hydrocarbons (HC)

3. Nitrogen Oxides (NOx)

4. Carbon Dioxide (CO2)

B. Speed Measurement: Testing equipment must be accurate to within one mile per hour of the actual speed of the subject vehicle. For each testing session, the Contractor must achieve, at a minimum, a 90% or higher accuracy rate.

C. Acceleration Measurement: Testing equipment must be accurate to within 0.5 of a mile per hour per second of the actual speed of the subject vehicle. For each testing session, the Contractor must achieve, at a minimum, a 90% or higher accuracy rate.

D. Load Measurement: Testing equipment must be accurate to within 0.5 of a mile per hour per second of the actual speed of the subject vehicle. For each testing session, the Contractor must achieve, at a minimum, a 90% or higher accuracy rate.

E. License Plate Imaging: Testing equipment must accurately capture an image with clarity, enabling matching to a Vehicle Identification Number (VIN) and State. 95% of vehicles recorded in a daily TORVET sample, at a minimum, must meet this requirement. Photo or image quality must be sufficient to capture the legible license plate number without pixelating, blurring, or covering the license plate number so that the license plate number can be useable as proof of sampled vehicle if challenged by the vehicle owner when receiving either a Caution Level Emitter Advisory Reminder Letter or High-Emitter Compliance Letter.

F. Chronographs and Synchronization: Testing equipment must be, at a minimum, synchronized to within five seconds of Coordinated Universal Time (UTC), and when interdependent instruments containing time-keeping devices are used, the clocks must be synchronized to within 1/100 of a second of each other as well as to within five seconds of UTC.

1. Test results must be provided in local time for the testing site.

C.4.6 Data Collection, Transfer and Placement:

For the Contractor to provide the requested Contractor-hosted services, there must be an exchange of data between DPS and the Contractor. To support the exchange of data, Contractor will have two options:

A. Contractor must provide DPS with electronic files placed either on a DPS provided, secure FTP site or via a Contractor-provided secure online portal.

1. Option 1. If Contractor elects to place data files within DPS provided secure FTP site, the data files must:

a.) Be delivered in an agreed-upon standard IT file format such as ASCII, XML, CSV, XLS, or similar format; and b.) Contain the details outlined in Section C.4.8.

2. Option 2. If Contractor elects to provide a secure online portal, the Contractor must:

a.) Provide DPS with a User Interface for accessing data on a test by test basis, daily, weekly, and monthly summary, and holistically.

B. Department will provide Contractor with access to vehicle information that contains sufficient data to allow Contractor to match visual license plate data captured during TORVET Session to VIN and provide Contractor with physical registration address for necessary notifications letters.

C.4.7 Data Transmission Frequency:

Contractor must provide DPS the following data sets through the agreed-upon Data Transfer and Placement outlined in Section C.4.6 and in the time frames specified.

A. EPA Report (Annually) – a complete listing of all test data for a 12-month period; date range to be specified by DPS.

B. Valid Test Data Report (Monthly) – a listing of all Valid Test Data for the billable month. The Valid Test Data Report must include Valid EPA Compliant Tests, Valid DPS Caution Level Emitter Tests, and Valid Department High-Emitter Tests.

C. Caution Level Emitter Advisory Reminder Letters (Monthly) – provided the first Monday of each calendar month for the previous months’ results

D. High-Emitter Compliance Letters (Monthly) – provided the first Monday of each calendar month for the previous months’ results

E. Ad-Hoc Reports (As Requested) – available upon request to meet reporting requirements specified by EPA, as defined by

DPS

C.4.8 Electronic Data File Format:

Contractor must provide collected and processed data to DPS, in the agreed-upon data exchange format and method outlined in Section C.4.6. Data must be legible and contain appropriate headers and reference points to allow DPS representative a reasonable opportunity to validate; that is to include the following construction.

A. on-road testing Session designation;

B. on-road testing site location designation;

C. on-road testing equipment set identification;

D. on-road testing crew identification;

E. sequential record number;

F. record collection date;

G. record collection time;

H. sensor calibration date;

I. sensor calibration time;

J. access to vehicle image identification;

K. vehicle year, make, and model information;

L. raw measurements of exhaust plume gases;

M. calibration log;

N. record validity indicator;

O. VIN;

P. State and last date of Registration; and Q. Vehicle- Specific Power.

C.4.9 Ad hoc Reports:

Upon request by DPS, Contractor must provide evaluative or comparative analysis on collected data. The Ad hoc Reports must be provided to DPS by the agreed-upon data exchange format and method outlined in Section C.4.6. Ad hoc reports will be requested to further support Texas air quality initiatives in the following areas:

A. Conducting a comparative analysis of the on-road emissions data and the decentralized l/M data to demonstrate the ability to detect anomalous data and artifacts that may indicate fraud, error, or other trends;

B. Identifying and quantifying on-road vehicle emissions from sources other than the tailpipe;

C. Analyzing the impact of identifying vehicles that may be exempted from station based emissions testing, using remote-sensing technology as an alternative validation tool for the motorist; and

D. Providing evaluative fleet characterization based on remote sensing data on any variation of vehicle types sampled.

C.4.10 Caution Level Emitter Advisory Administrative Requirements:

On-Road tests resulting in a Department Caution Level Emitter designation or first occurrence of a High-Emitter designation and must meet the following requirements:

A. Only vehicles registered in a non-attainment or EAC county or a county geographically connected to a non-attainment or EAC county and operating in a non-attainment or EAC county must receive letters;

B. Caution Level Emitter test result;

C. First High-Emitter test on record for particular vehicle

C.4.11 Caution Level Emitter Advisory Reminder Letter Requirements:

Contractor may be required to perform the following notification services if selected to do so by DPS.

A. Gasoline vehicles model-year 2 through 24 years old are inspected annually beginning with the vehicle's second anniversary.

B. For all validated Department Caution Level-Emitter records, Contractor must send a notice letter by standard post within five business days of a second actionable test to the address on file for vehicle VIN. DPS will determine the format and language of the letter and provide it to Contractor for use. Contractor must update the letter to include the following.

1. Picture of license plate of vehicle

2. Locations of licensed emission testing stations geographically near

High-Emitter residence on file for vehicle

3. Test results for all gasses related to specific vehicle

4. EPA and DPS levels for all gasses

5. Date, time, and location of test

6. Gas or gases determined to be above acceptable level

C. Contractor must provide Department a copy of all letters by the first business day of the week for the preceding month following transmission to address on file for vehicle.

C.4.12 High-Emitter Compliance Administrative Requirements:

On-Road tests resulting in a High- Emitter designation must meet the following requirements:

A. Gasoline vehicles model-year 2 through 24 years old are inspected annually beginning with the vehicle's second anniversary.

B. Only vehicles registered in a non-attainment or EAC county or a county geographically connected to a non-attainment or EAC county and operating in a non-attainment or EAC county must receive letters;

C. A vehicle must receive a minimum of two High-Emitter readings before a High-Emitter compliance letter is sent;

1. Two High-Emitter tests will only be valid if:

2. There are two fail tests within 365 calendar days without a clean test in-between.

D. If notified by DPS, Contractor must reimburse a High-Emitter for emission test fees if vehicle passes validation testing, no later than 30 days from the date of said notification from DPS.

E. Contractor must come up with a methodology and timeline for how it will reimburse under this section. Reimbursement must include testing fees, shipping, or transactional charges involved with refund.

C.4.13 High-Emitter Compliance Letter Requirements:

Contractor may be required to perform the following notification services if selected to do so by Department.

A. For all validated High-Emitter records, Contractor must send a notice letter by standard post within five business days of a second actionable test to address on file for vehicle VIN. DPS will determine the format and language of the letter and provide it to Contractor for use. Contractor must update letter to include the following:

1. Picture of license plate of vehicle

2. Locations of licensed emission testing stations geographically near High-Emitter residence on file for vehicle

3. Test results for all gasses related to specific vehicle

4. EPA and DPS levels for all gasses

5. Date, time, and location of test

6. Gas or gases determined to be above acceptable level

B. Contractor must provide Department a copy of all letters by the first business day of a new month for the preceding month following transmission to address on file for vehicle.

C.5 TRANSITION

In the event that DPS awards a subsequent competitive solicitation to a new contractor or if DPS decides to perform the work itself, Contractor must work with DPS and any new contractor to smoothly and seamlessly transition the contract. Contractor will develop a transition plan upon request by DPS. DPS must approve the transition plan before implementation. DPS will not release the final invoice until Contractor returns all Work to

DPS.

C.6 DPS PERSONNEL

C.6.1 DPS’s Contract Administrator

A. The Contract Administrator for administration of the Contract is Kristy Watts.

B. The telephone number for the Contract Administrator is 512-424-2448.

C. The email address is Kristy.Watts@dps.texas.gov.

The Contract Administrator is the representative of DPS’s Procurement and Contract Services responsible for the general administration of the Contract, negotiation of any changes, and issuance of written amendments to the Contract.

If DPS and Contractor agree to amend the Contract, DPS will issue a written amendment signed by authorized signatories of the Parties.

C.6.2 DPS’s Contract Monitor

A. The Contract Monitor for the Contract is Harold L. “Hank” Vice II.

B. The telephone number for the Contract Monitor is 512-424-7344.

C. The email address is Harold.Vice@dps.texas.gov.

The Contract Monitor is not authorized to make any representations or commitments of any kind on behalf of DPS or the State of Texas.

C.6.3 DPS’s Project Manager

A. The Project Manager for the Contract is Jeremiah Zook.

B. The telephone number for the Project Manager is 512-424-8140.

C. The email address is Jeremiah.Zook@dps.texas.gov.

DPS’s Project Manager for the Contract is responsible for the overall management and coordination of the project(s) and will act as the central point of contact for DPS. The Project Manager has authority to act for DPS in the performance of any project connected to the Contract.

C.7 LIQUIDATED DAMAGES

A. DPS reserves the right to assess liquidated damages at an amount up to $500.00 per day for each Business Day Contractor fails to meet the testing and reporting requirements set out in Section C. The parties acknowledge that the harm that will be caused to DPS by such a delay is difficult to estimate; however, the amount of liquidated damages listed in the Contract is a reasonable estimate and is enforceable.

B. Contractor will not be responsible and liquidated damages may not be assessed due to any delay caused by schedule amendments requested by DPS, delays as the result of activity that is the responsibility of DPS Project Team, or delays that DPS deems were outside the control of Contractor. The burden of proof that the delay is attributable to DPS rests with Contractor.

C. Any liquidated damages assessed under the Contract may, at DPS’s option, be deducted from any payments due to Contractor. DPS has the right to offset any liquidated damages payable to DPS, as specified above, against any payments due to Contractor. If insufficient payments are available to offset such liquidated damages, then Contractor must pay to DPS any remaining liquidated damages within 15 days following receipt of written notice of the amount due.

C.8 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

A. An Historically Underutilized Business (HUB) is a business that is certified by the State of Texas that (1) is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American, an American woman, or a Service Related Disabled Veteran; (2) is a for-profit entity that has not exceeded the size standards established by 34 Tex. Admin. Code § 20.294, and has its principal place of business in Texas; and (3) has an owner residing in Texas who has a proportionate interest in the business and who actively participates in the control, operations and management of the entity’s affairs. See also 34 Tex. Admin. Code § 20.282.

B. Contractor must make a good faith effort to comply with all state HUB requirements under Tex. Gov’t Code Chapter 2161 and the administrative rules, as applicable.

Contractor must also comply with its approved HUB Subcontracting Plan (HSP).

C. Vendor must submit an HSP as part of its response and must comply with implementation of the HSP. Contractor must seek written approval from DPS prior to making any modifications to its HSP. Respondent must submit a complete HSP and required forms with the response. Respondent’s response will be considered non-responsive if the agency forms are not completed in full or are missing from Respondent’s original response.

D. Vendor must provide notice to all subcontractors of their selection as a subcontractor for the Contract. The notice will specify, at a minimum, DPS’s name, the HUB Office, the Contract’s assigned contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract, and the expected percentage of the Contract’s total value that the subcontract represents. A copy of the notice will be provided to the HUB Office and the Contract Administrator no later than ten business days after the effective date of the Contract.

E. Contractor must submit to the Contract Administrator on a monthly basis (by the fifth day of the following month) the Prime Vendor Progress Assessment Report.

C.9 INSURANCE REQUIRED UNDER THE CONTRACT

Unless otherwise specified in this Contract, DPS’s Standard Terms and Conditions or any other exhibit or attachment, Contractor will acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure this Contract’s proper performance and cover any potential liabilities with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry or as determined by DPS. Contractor will provide evidence of insurance upon request by DPS.

If any policy is determined by DPS to be deficient and does not comply with the terms of this Contract, Contractor will secure such additional coverage as required by DPS, law, regulation, or customary practice. If coverage expires during the term of this Contract, Contractor must produce renewal certificates for each type of coverage.

C.10 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor’s project personnel must submit to a fingerprint-based Criminal History Background Investigation, at Contractor’s expense. To facilitate this Criminal History Background Investigation, each person must complete DPS Contractor Background Information form (HR-22), which DPS will provide.

B. If required under the Contract, Contractor will not allow personnel who have not submitted to and successfully completed DPS fingerprint-based Criminal History Background Investigation and who do not otherwise maintain a DPS security clearance to work on the Contract. DPS has the right to prevent Contractor’s personnel from gaining access to DPS building(s) and computer systems if DPS determines that such personnel do not pass the background check or fail to otherwise maintain DPS security clearance.

C. When required, Contractor’s Project Manager will provide the following to DPS Contract Monitor no later than ten days of executing the Contract:

a) the completed Contractor Background Information form (HR-22) for all proposed personnel; and

b) acceptable fingerprints for all proposed personnel.

D. Throughout the term of the Contract, DPS may require Contractor personnel to submit to an annual DPS fingerprint-based Criminal History Background Investigation to DPS.

E. Throughout the term of the Contract, Contractor will promptly notify DPS of any activity or action by Contractor’s personnel that may affect that individual’s ability to continue to work under the Contract.

C.11 CYBER SECURITY CONTRACT REQUIREMENTS

Contractor must comply with the requirements found in the Cyber Security Contract Requirements Exhibit. To the extent that any language in the Contract conflicts with the Cyber Security Contract Requirements Exhibit, the Cyber Security Contract Requirements Exhibit controls.

For all contractor-hosted services proposed (even if Vendor wants to use a third-party provider such as a standardized cloud services provider), Respondent must provide a completed Consensus Assessments Initiative Questionnaire (CAIQ) found at this link.

https://cloudsecurityalliance.org/research/cloud-controls-matrix

In this section, hosted services means a combination of traditional IT functions to be provided by Vendor or a third-party provider, such as infrastructure, applications software (including COTS software solutions), security, monitoring, storage, hardware, and hardware maintenance.

For hosted services using a third-party cloud services provider, Contractor must deploy in an environment authorized by TX-RAMP, StateRAMP, or FedRAMP at a low impact, and maintain program compliance and certification throughout the term of the contract. If CJIS data is being processed, stored, or transmitted, Contractor must deploy in a Government Cloud environment, and this must be a dedicated cloud account specific to DPS.

https://cloudsecurityalliance.org/research/cloud-controls-matrix

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

D.1 RESPONSE PREPARATION INSTRUCTIONS

A. These instructions are designed to help ensure the Respondent submits all relevant information in its response

B. Responses must be prepared in accordance with these instructions providing all required information in the format specified.

C. Failure of a response to show compliance with these instructions and submit all documentation may be grounds for considering the response non-responsive unless stated otherwise within this solicitation.

D. Responses must use a sans serif 12-point font (such as Arial or Calibri) on an 8-1/2” x 11” format (except for graphic information being requested). Respondent’s response must be paginated, contain a full table of contents, and have component sections clearly identified.

E. DPS must receive responses no later than the deadline established in this solicitation and submitted to the submission email or DPS Online Bid Room listed on page 1.

F. Respondent must ensure that its response is clearly labeled.

G. Respondent must submit only material directly pertinent to the requirements of this solicitation. Extraneous narrative, elaborate brochures, uninformative public relations material, and other similar documents may not be submitted.

H. Respondent must submit all pertinent information directly within its response, information submitted as an internet link is considered non-responsive. Respondent must submit documentation or information within the response.

D.2 SOLICITATION ADDENDA

A. No later than the established solicitation deadline, Respondents must acknowledge receipt of all solicitation addenda by signing and returning the addenda, identifying the addenda number and date.

B. Respondent’s failure to timely acknowledge addenda may subject its response to rejection.

D.3 LATE SUBMISSIONS, CHANGES, AND WITHDRAWALS OF RESPONSES

A. DPS will not consider any response received at the designated email address or DPS Online Bid Room after the specified date and time.

B. Respondent cannot amend its response and DPS will not accept an amended response after closing date and time. If Respondent wants to amend its response, Respondent must amend prior to the closing date and time.

C. Respondent must clearly identify any alterations made before closing time through its authorized representative.

D. Alterations made before closing time will be initialed by Respondent or its authorized representative.

E. No responses can be withdrawn after closing date and time without approval by DPS.

Should a Respondent, after closing time, request its response be withdrawn, Respondent must email the request to the Contact Administrator listed in the solicitation.

F. DPS is not responsible for submissions delivered to DPS after the due date and time. It is the Respondent’s responsibility to ensure that it submits, and that DPS receives, its complete response timely. DPS recommends that Respondent submit their complete response well in advance of the due date and time.

G. DPS takes no responsibility for electronic responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any DPS anti-virus or other security software. Therefore, DPS recommends confirming receipt.

H. Submission via the DPS Online Bid Room will receive submission confirmation through the system. If confirmation is received through the DPS Online Bid Room, no additional confirmation of receipt is required.

D.4 RESPONSE ACCEPTANCE PERIOD

A. All responses will be valid for 180 days after the solicitation opening date and will constitute an irrevocable response to DPS for the 180-day period.

B. Such period may be extended beyond the 180 days upon mutual written agreement of both parties.

D.5 CONTRACT AWARD

DPS may award one or more Contracts resulting from this solicitation to the responsible Respondents, whose responses are best value under the evaluation criteria in this solicitation.

D.6 DPS’S RIGHTS

A. DPS may:

1. reject any or all responses if such action is in the public interest;

2. accept other than the lowest priced response; and

3. waive minor informalities and minor irregularities in responses received.

B. Waiver of deviations in any response will not constitute a modification of this solicitation and will not preclude DPS from asserting all rights against Respondent for failure to fully comply with all terms and conditions of this solicitation. Copyrighted responses are unacceptable and are subject to being considered non-responsive. DPS reserves the right to make any corrections or include additional requirements in the resulting contract prior to issuance which are necessary for DPS compliance, as an agency of the State of Texas, with all state and federal requirements. DPS reserves the right to consider any response non-responsive which asserts any copyright on any DPS-created form which is specifically designated by this solicitation to be a form that will be completed and included in a response submitted in response to this solicitation.

C. DPS reserves the right to reject any one response or all responses or portions of responses submitted in response to this solicitation.

D. Except as provided for in section D10, the submission of a response has the effect of waiving proprietary rights or confidentiality.

E. All responses and any content provided by the Respondent are considered the property of DPS for use for the life of any resulting contract as determined by DPS with respect to the scope of the project.

F. DPS is not liable for any costs or damages that may be incurred by Respondents or in the preparation, formulation, or presentation of a response.

G. In case of ambiguity or lack of clarity, DPS may adopt such interpretations as may be advantageous to DPS.

H. DPS reserves the right to withdraw this solicitation at any time for any reason.

I. DPS reserves the right to award no contract and to solicit additional responses at a later time.

J. DPS incurs no obligation regarding this solicitation unless and until a contract is fully executed by the parties. However, all responses received by DPS will remain confidential until the evaluation process is complete.

K. DPS will not hold a public response opening event.

D.7 RESPONSE SUBMISSION INSTRUCTIONS

D.7.1 Volume One – Contract Forms and Required Response Information

This section will contain the following completed contract sections with authorized representative signatures, where applicable:

A. Solicitation, page 1 (with any signed addenda)

B. Information and Certifications Form;

C. Financial Rating and Solvency Information, if applicable;

D. A Redacted Solicitation and Contract response, if applicable;

E. Direct Deposit Authorization Form (74-176), completed if choosing direct deposit as a possible payment option;

F. Request for Taxpayer Identification Number and Certifications (W-9);

G. Application for Texas Identification Number (AP-152); and

H. Documentation from the appropriate state entity that indicates that Respondent is properly certified to conduct business in the State of Texas (e.g., The Certificate of Existence from the Texas Secretary of State and the Certificate of Account Status from the Comptroller of Public Accounts).

D.7.2 Volume Two – Information Section

A. Cover Page: List name and address of Respondent, date of response, solicitation identifier, and signature of authorized official.

B. Introduction: Clear expression of who Respondent is, to include an outline of organizational capabilities, goals, project management process approach, business process management design, other previous accolades, and a listing of all subcontractors.

C. Information Sheet: Including all information required of Respondent and any subcontractors.

1. Name and address (including telephone number) of Respondent and all subcontractors.

2. Business form of Respondent and its subcontractors (e.g., corporation, partnership).

3. Date and state of incorporation.

4. Names and addresses of principal officers, directors, or partners.

5. A résumé of key personnel who will be providing services in any resulting contract, both Respondent and subcontractor employees. These résumés should include the percentage of time each person will dedicate to any resulting contract. The response will include key project personnel as follows:

i. Demonstrated experience in providing the services requested in this solicitation for each key project personnel.

ii. Résumés for key personnel assigned to any resulting contract will include:

project management experience, supervisory experience, business process experience, application languages, hardware installation abilities, software upgrade experience, programming skills/abilities, data formats for each qualifying project.

1) Name

2) Title (current)

3) Education

4) Experience related to projects the staff member was directly involved in:

5) Project(s) Scope

a) Role

b) Related specific technical qualification experience

c) Start and completion dates (must include MM/DD/20YY)

d) Specific work to be performed or deliverables to be provided under the Contract.

D. Respondent must identify and provide in its response a minimum of three references relating to past contracts or projects that are similar in size and scope. Respondent must provide, at a minimum, the name, email address, phone number, and title for each reference provided. Additionally, Respondent must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

E. Organizational, biographical, and Financial Rating information for the Respondent and all proposed third-parties and subcontractors, if applicable.

F. Project Schedule and Plan: A plan detailing how Respondent will deliver the commodities and fully implement the services required in Section C.

G. Respondent must specifically address, within its response, the requests for information as detailed throughout this solicitation. Respondent is responsible for ensuring that all such information is included within its response.

H. Respondent is encouraged to provide a response narrative for each section and subsection, in the format in which requirements are presented, in sufficient detail to clearly demonstrate Respondent’s compliance with all requirements of this solicitation, both technical and administrative. Supplemental justification or documentation can be provided as attachments. Respondent must ensure that all material submitted should be directly pertinent to the requirements of this solicitation and will be formatted as to the specific requirement as delineated in this solicitation.

I. Electronic and Information Resources (EIR) Accessibility. Respondent must provide documentation of the voluntary product accessibility template (VPAT) Voluntary Product Accessibility Template (VPAT^™) | Section508.gov (including

Template Approved 5/26/2022 https://www.section508.gov/sell/vpat/ https://www.section508.gov/sell/vpat/ accessibility conformance reports or vendor accessibility development services questionnaire as applicable) and Section 508 and EIR compliance for all components of the proposed goods or services. See Tex. Gov’t Code Chapter 2054, Subchapter M; 1 Tex. Admin. Code Chapter 213; and 1 Tex. Admin. Code Chapter 206; and WCAG 2.0 AA (current and as subsequently amended). VPAT is a vendor-generated statement (using the required template) that provides relevant information on how a vendor’s product or service claims to conform to the Section 508 Standards.

J. Business Continuity and Disaster Recovery Plan. Respondent must submit, with its response, descriptions of its business continuity and disaster recovery plan and processes. If DPS awards a Contract under this solicitation, Contractor must submit, within ten days from Contract award, its plans regarding how Respondent will protect DPS’s vital state records throughout the life of the Contract and for any record retention period required beyond the life of the Contract. The plans must include specific actions Contractor will take to meet DPS’s essential function recovery times and the related artifacts for the methodologies, tests, and exercises used to validate its business continuity and disaster recovery plan. DPS may reasonably require Contractor to amend its business continuity and disaster recovery plan (based on DPS’s dependence or necessity on the particular good or service).

K. Assumptions. No assumptions should be included in a response. All issues or questions that might be advanced or addressed by way of assumption should be submitted to DPS. The inclusion of assumptions in a proposal may result in a Respondent not being awarded a contract.

L. Exceptions. If Respondent has exception requests to the DPS Standard Terms and Conditions, these exceptions must be submitted on the Vendor Exceptions Form.

D.7.3 Volume Three – HUB Subcontracting Plan (HSP)

Respondent must provide a completed HSP as required.

NOTE: Failure to submit the HUB Subcontracting Plan, if applicable, with the appropriate forms will subject Respondent’s response to rejection from further consideration.

D.7.4 Volume Four – Cost and Pricing Response

Respondent must provide pricing in the required Mandatory Pricing Schedule format.

D.8 PRESENTATIONS

DPS may require a presentation (e.g., interview, demonstration, and/or site visit) from the competitive field of Respondents to gather more information to determine negotiation and award recommendations. The first round of evaluations will identify the vendor field of competition.