ESBD_439621_1753726475438_Court_Reporting_RFP_503-26_0001.pdf

Texas Medical Board

Request for Proposals

Court Reporting Services

RFP No. 503-26-0001

July 28, 2025

Anticipated Schedule of Events Date

Issuance of Solicitation: July 28, 2025

Deadline For Submitting Solicitation Questions August 8, 2025

Tentative Date for Reponses to Questions August 13, 2025

Deadline for Submission of Responses August 27, 2025

Commencement of Work September 1, 2025

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TABLE OF CONTENTS

Section 1 – Summary

Section 2 – Specifications

2.1 Objective

2.2 Background

2.3 Key Definitions and Acronyms

2.4 Point of Contact and Communications

2.5 Initial Compliance Screening

2.6 Respondent’s Past Performance

2.7 Contract Term

2.8 TMB Roles and Responsibilities

2.9 Texas Identification Number System

2.10 Solicitation Addenda

Section 3 – Scope of Work

3.1 Scope of Work

3.2 Method of Court Reporting

3.3 Vendor Requirements

3.4 Additional Services Related to Oral/Video Deposition

3.5 Specifications for Records Retrieval via Written Questions or by Affidavit Only – With and Without Authorization

3.6 Change Requests

Section 4 – Project Requirements and Expectations

4.1 Response Submission Instructions

4.2 Electronic Mail Submission

4.3 Response Format and Required Elements

4.4 Evaluation Matrix

4.5 Respondent’s Reference

4.6 Standard Acceptance and Evaluation Process for Work Products

4.7 Status Reports

4.8 Communications with TMB Designated Personnel

Section 5 – Standard Terms and Conditions

5.1 Additional Terms

5.2 Standard Terms

5.3 Execution of Solicitation

5.4 Certifications and Acknowledgements

5.5 Conflict of Interest/Disclosure

5.6 Nondisclosure Agreement

5.7 Certification Regarding Public Nature of Solicitation

5.8 HUB Subcontracting Plan (HSP)

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Section 1 - Summary

1.1. Type of Submission: Request For Proposals

1.2. Issuing Office: Texas Medical Board (TMB)

1.3. Additional Requirements: N/A

1.4. Responses to Solicitation: Sealed Competitive Proposals

1.5. Deadline for Responses: In Issuing Office No Later Than:

August 27, 2025;

2:00 p.m. Central Time (CT)

1.6. Initial Contract Terms: September 1, 2025 to August 31, 2026

1.7. TMB Optional Contract Terms: September 1, 2026 to August 31, 2028

1.8. TMB Contact Person for this Solicitation: Mr. Kayode Ogunbanjo, CTCD, CTCM

Email: purchasing@tmb.state.tx.us

1.9. Responses Submitted by Email: Required; See Section 4.2

1.10. Responses Submitted by Fax: Not Acceptable

1.11. Pre- Response Conference: N/A

1.12. Pre- Response Inspection: N/A

1.13. Letters of Intent to Submit a Response: N/A

1.14. Solicitation Addenda: Notices of changes to items directly impacting the solicitation process will be posted on the Electronic State Business Daily (ESBD) located at:

http://www.txsmartbuy.gov/esbd. TMB will post any amendment to this solicitation on the ESBD as a Solicitation Addendum. It is the responsibility of an interested party to check the ESBD for updates to this Solicitation before submitting a Response. Each Respondent is solely responsible for verifying TMB’s receipt of its questions, if applicable, and its Response by the deadlines specified in this Solicitation.

1.15. Questions and Answers: Questions regarding this Solicitation must be in writing and must be submitted to the TMB Contact Person specified, no later than August 8, 2025; 2:00 P.M. CT.

Telephone inquiries will not be accepted. Questions may be submitted by email to the email address specified in Section 2.4. TMB intends to post answers to the questions received on the ESBD on August 13, 2025, or as soon thereafter as practical.

mailto:purchasing@tmb.state.tx.us http://www.txsmartbuy.gov/esbd

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1.16. Respondent Presentations: N/A

1.17. Evaluation of Responses under Best Value Standard (Section 2157.003 of the Texas Government Code):

Criteria Weight Respondent’s Qualifications and Experience 40% Implementation Strategy 30% Price Schedule 20% Contract History 10% Total: 100%

Due to changing building access restrictions, Respondents will not be permitted to hand deliver Responses to the Issuing Office. Respondents are required to submit Responses electronically via email in accordance with Section 4.2 of the Solicitation.

Contact with TMB Personnel: Upon issuance of this Solicitation employees and representatives of TMB, other than the TMB Contact Person identified in the Summary, will not discuss the contents of this Solicitation with any Respondent or its representatives.

Failure of a Respondent or any of its representatives to observe this restriction may result in disqualification of any related Response. This restriction does not preclude discussions between the parties to conduct business unrelated to this procurement.

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Section 2 – Specifications

2.1. Objective:

The Texas Medical Board (TMB) issues this Request for Responses to solicit Responses from qualified vendors to provide court reporting, transcription, videography, and related support services.

2.2. Background:

The mission of TMB is to protect and enhance the public’s health, safety, and welfare by establishing and maintaining standards of excellence used in regulating the practice of medicine and ensuring quality health care for the citizens of Texas through licensure, discipline, and education.

2.3. Key Definitions and Acronyms:

Business Day Monday through Friday, 8:00AM (CT) through 5:00PM (CT), except days on which TMB is officially closed.

Contract A legally binding agreement between two or more parties outlining obligations.

Contractor An individual or company hired to perform services under the terms of a contract.

CT Central Time.

CTCD Certified Texas Contract Developer.

CTCM Certified Texas Contract Manager.

Deliverable A clearly defined product, service, or result that a vendor can provide.

ESBD Electronic State Business Daily.

Implementation Strategy A detailed plan describing how goals or requirements will be achieved, including steps, timelines, and resources.

Parties The entities involved in the Solicitation process.

Point of Contact The designated person responsible for communication and coordination between parties.

Response A submitted response to this Solicitation.

Respondent An individual or firm submitting a Response.

Solicitation Includes: Request for Proposals, Request for Offers, Requestion for Qualifications, or Request for Applications.

Successful Respondent The Respondent(s) awarded a Contract.

TINS Texas Identification Number System.

TMB Texas Medical Board.

VPTS Vendor Performance Tracking System.

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2.4. Point of Contact and Communications:

The TMB Point of Contact for questions on this solicitation is:

Kayode Ogunbanjo, CTCD, CTCM, Email: purchasing@tmb.state.tx.us

All communications concerning this Solicitation must be submitted on or before the

“Deadline for Submitting Solicitation Questions” as noted in the Schedule of Events found on the cover page of this Solicitation. Vendor communications pertaining to this Solicitation must include the solicitation number, title, and the Deadline for Submission of Solicitation Responses date identified in the Schedule of Events found on the cover page of this Solicitation in the email subject line. TMB’s response questions or clarifications concerning this Solicitation will be answered by an addendum posted on the Electronic State Business Daily (ESBD) by the “Tentative Date for Reponses to Questions” as noted in the Schedule of events found on the cover page of this Solicitation or as soon as practical.

2.5. Initial Compliance Screening

A. TMB’s Point of Contact will perform an initial compliance screening of all Responses received prior to the Response Deadline. The initial screening will check for compliance with various content requirements and minimum qualification requirements defined in this Solicitation. Notwithstanding anything to the contrary in this Solicitation, TMB reserves the right to waive minor technical and/or immaterial requirements in a Response and award a Contract that may result from this Solicitation that is in the best interests of the State.

B. Additionally, TMB reserves the right to request clarification from a Respondent who fails to meet any initial compliance requirements prior to rejecting a Response for material noncompliance with any requirements for non-responsiveness.

2.6. Respondent’s Past Performance

A. TMB, in its sole discretion, may disqualify a Respondent when it determines there is an unacceptable risk that the Respondent will fail to perform any Contract that may result from this Solicitation. The Respondent bears the burden of establishing that it is a responsible contractor capable of performing the type of Services required by this Solicitation and meeting the anticipated demand from TMB. In addition to the response, TMB may consider any source of information that it deems reliable regarding a Respondent.

B. TMB will consider a Respondent’s past performance in compliance with applicable provisions of Sections 2155.074, 2155.075, and/or 2156.007 of the Texas Government Code. The following examples indicate poor contractor past performance:

i. A score of less than a C in the Contractor Vendor Performance Tracking System

(VPTS).

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ii. Repeated negative contractor performance reports for the same stated reason.

iii. A record of repeated non-responsiveness to contractor performance issues.

iv. Cancellation of purchases order(s) in the previous 12 months for non-performance, such as late delivery or quality control issues; or

v. Breach(es) of confidentiality, or security breach(es) of Respondent’s IT system(s)

2.7. Contract Term

The initial term for any Contract resulting from this Solicitation is anticipated to be one (1) year. TMB in its sole discretion may extend or renew any Contract awarded pursuant to this Solicitation for two (2) additional years, provided the Contract term, including all extensions and renewals, does not exceed three (3) years. TMB may provide written notice of its intent to extend or renew no fewer than thirty (30) days prior to the execution of the contract extension or renewal.

2.8. TMB Roles and Responsibilities

TMB will assign a Primary point of contact to serve as the project manager to work with the Successful Respondent’s single point of contact. TMB will provide reasonable access to TMB subject matter experts and technical staff for questions, fact finding, information gathering, and data collection and transfer.

2.9. Texas Identification Number System

Respondent must provide an eleven-digit TINS number, full name, and address in the relevant sections of this Solicitation. Failure to provide this information may result in disqualification of the Response.

2.10. Solicitation Addenda: Notices of changes to items directly impacting the solicitation process will be posted on the Electronic State Business Daily (ESBD) located at:

http://www.txsmartbuy.gov/esbd. TMB will post any amendment to this solicitation on the ESBD as a Solicitation Addendum. It is the responsibility of an interested party to check the ESBD for updates to this Solicitation before submitting a Response. Each Respondent is solely responsible for verifying TMB’s receipt of its questions, if applicable, and its Response by the deadlines specified in this Solicitation.

http://www.txsmartbuy.gov/esbd

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Section 3 – Scope of Work

3.1. Scope of Work

TMB is soliciting proposals for the following services:

A. Verbatim records of depositions, hearings, proceedings and other events, which may include transcriptions of pre-recorded proceedings, as required by TMB.

B. Collection of documents, exhibits and evidence related to hearings, deposition and proceedings.

C. Service of subpoenas and dispositions for the attendance of witnesses and the production of documents at depositions, hearing and proceedings.

D. Videography Services

E. Hosting Video conferences for dispositions by software such as Zoom, Teams, or other similar software.

3.2. Method of Court Reporting:

Machine reporting is the only approved reporting method. The Steno Mask method is specifically NOT approved.

3.3. Vendor Requirements:

A. Any court reporter assigned under this contract will have at least one (1) year of experience in court reporting. Any court reporter assigned under this contract may be required to present proof of certification and experience prior to commencing work on the assignment. Any court reporter assigned under this contract must be familiar with the appropriate rules of procedure.

B. Court Reporter(s) must be a minimum of eighteen (18) years of age at the time of the assignment and be certified by the Texas Court Reporters Certification Board or have equivalent certification to adequately perform services within the Solicitation’s Scope of Work.

C. Any vendor assigned under this contract will have at least one (1) year of experience in videography services. Upon request, vendor will provide a videographer to videotape the scheduled event. Videographer must have the capability of producing videos in CD, DVD, or Visionary format, with subtitle to synchronize with the video testimony. Vendor will charge no fee to TMB for procurement of a videographer. For virtual hearings for which a videographer is not utilized, vendor will provide an uncertified audio and video recording along with the transcript.

D. Any vendor assigned under this contract will have at least one (1) year of experience in records retrieval.

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E. Any Vendor assigned under this contract must be familiar with the Texas Rules of Civil Procedure and Federal Rules of Procedure.

F. Any vendor assigned under this contract may be required to present proof of experience prior to commencing work on the assignment.

G. Personnel will appear at the time and location requested, professionally attired and groomed, ready to work, and with all necessary equipment and supplies.

H. Notice: TMB will attempt to provide the vendor with at least two (2) days’ notice of the requirement for a court reporter. The time and location will normally be provided at the time of notice. Final confirmation of the time and location will be made as far in advance as possible. In the event of an emergency hearing notice, the notice may be less than one business day.

I. Vendor is required to place a confirmation call to a TMB staff member no later than the day before the scheduled event, and provide via email, direct contact information for the court reporter. If the vendor is unable to provide a court reporter for an event which had previously been scheduled, the vendor is required to notify a TMB staff member, by phone, twenty-four (24) hours prior to the event (electronic messages or faxes will not be acceptable).

J. Vendor will not charge a cancellation fee to TMB if vendor is notified of the cancellation by TMB within twenty-four (24) hours of the event. A cancellation fee may be assessed if notification of the cancellation occurs less than twenty-four (24) hours before the event.

K. Any vendor assigned under this contract shall ensure that all contractor personnel performing services under this contract undergo background checks, at no expense to

TMB.

3.4. Additional Services Related to Oral/Video Deposition:

The Vendor may also be requested to provide the following services in connection with the Oral and/or Video Deposition:

A. Filing of Certificate:

Vendor is required to file the Certificate with the Court required by the appropriate rules of procedure.

i. Preparation and Service of Notice of Oral and/or Video Deposition and Subpoena

Duces Tecum

ii. Upon request, vendor will prepare and serve Notice of Deposition and Subpoena Duces Tecum.

iii. Vendor will provide "up front" any necessary subpoena/witness fees and witness mileage fees.

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B. Conference Room with Telephone Conferencing Capability:

Upon request, vendor will provide a suitable conference/meeting room with telephone hook-up, speaker phone, and call conferencing capability. Vendor will charge no fee to TMB for this service.

C. Interpreter/Translator:

Upon request, the vendor will provide a certified interpreter/translator for a scheduled event. Vendor will charge no fee to TMB for the procurement of an interpreter/translator.

D. Realtime Feed Capability:

Upon request, vendor will present the deposition in real time. Vendor will charge no fee to TMB should real time fail to work for TMB.

E. Certificate of Non-Appearance:

Upon request, vendor will prepare and file with the Court a Certificate of Non-Appearance.

A reasonable fee for such service cannot exceed seventy-five dollars ($75). This fee is to include the court reporter's set up time and time for a thirty (30) minute wait.

F. Appearance Fee:

Vendor may charge an appearance fee of one-hundred dollars ($100) for non-appearance of the party or late cancellation of the services. Vendor will not charge an appearance fee to TMB if vendor is notified of the cancellation by TMB staff within twenty-four (24) hours of the event.

G. E-Transcript:

Vendor will provide an e-transcript of the deposition. Vendor will charge no fee to TMB for this service.

H. Amicus, ASCII or Summation Format for Digital Deposition Copy:

Upon request, vendor will provide the deposition transcript in the following formats:

i. Amicus,

ii. ASCII,

iii. Summation or Visionary.

I. Keyword Index:

Upon Request, vendor will include a keyword index with deposition transcript. Vendor will charge no fee to TMB for this service.

J. Rough ASCII:

Upon request by the Director of Litigation or Attorney Supervisor, vendor will provide a rough ASCII of the deposition. Vendor will charge no fee to TMB for this service.

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K. CD / DVD Deposition Copy:

Upon request by the Director of Litigation or Attorney Supervisor, vendor will provide the deposition transcript on a jump drive or other physical data storage device.

L. Deposition Exhibits:

Upon request, the vendor will provide the deposition exhibits in PDF format or on a jump drive or other physical data storage device. Vendor will charge no fee to TMB for individual exhibits of less than fifty (50) pages.

M. Hyperlinking Exhibits to Transcript:

Vendor will include hyperlinks in the scanned exhibits with their electronic transcript.

N. Audio-Transcription:

Upon request, vendor will provide audio transcription of a cassette, CD, or DVD, or other formatted audio recording.

O. Subcontracting of Services:

For a scheduled event for which the vendor is unable to provide a court reporter, upon request, vendor will locate and procure a qualified court reporter from a non-contract vendor. If such subcontractor is procured, vendor will charge no fee to TMB for the procurement of the subcontractor. All fees for services provided by the subcontractor to TMB will be charged to the vendor who will then invoice TMB for the fees incurred and will conform to the fees set out in this contract. TMB will not pay for fees to “establish this subcontractor relationship” with the vendor.

P. Depositions - Form and Delivery Requirements:

The form of the original transcript will be twenty-five (25), double-spaced, numbered lines on 8.5 x 11-inch bond paper. No page, except the index and the last page of the transcript may have less than ten (10) lines. Pages will be numbered consecutively.

Condensed transcript will have four (4) condensed pages per 8.5 x 11-inch page and will include a concordance index.

3.5. Specifications for Records Retrieval via Written Questions or by Affidavit only – With and

Without Authorization:

A. Services provided will include research, preparation of Notice, issuance and service of Subpoena, notary public services, inspecting files, organization, numbering and binding of records, HIPAA compliance documentation (if required), Certificate of Filing, delivery of records, and rush orders.

B. Copying for these services are categorized and defined as follows:

i. Bates Numbering:

All pricing for copying services will include Bates Numbering.

ii. Light Litigation Copying:

Originals with large stapled or clipped sections of documents that are the same size. The work is primarily all one sided or all auto feed-able two (2) sided. Each section should be forty (40) or more pages between "sections/roadblocks."

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iii. Medium Litigation Copying:

Originals with primarily stapled and clipped sections of letter and legal size, including copying of file folders and inserting index tabs. There may be an occasional small receipt or small document within the documents provided. The average number of pages between “sections/roadblocks” is approximately ten (10) to thirty-nine (39).

iv. Heavy Litigation Copying:

Originals consisting of smaller stapled and clipped sections (209 pages per section), mixed sizes of originals (receipts, envelopes, note pages, etc.); also, may include some glasswork, and/or mixtures of two-sided documents throughout. The easiest heavy litigation would be small, stapled sets; the most difficult would have a great deal of glasswork. Also, two sided, punched documents, or any special handling services (i.e., requests to copy only document tagged or noted) are considered heavy litigation.

v. Glasswork:

Originals that require fifty percent (50%) or more glasswork such as receipts, half pages, envelopes, onion skin or fax paper, odd sized originals, and extremely poor-quality originals that require extensive handling and analysis on a page-by-page basis.

vi. Color Copying:

8.5 x 11, 8.5 x 14, and oversized color originals

3.6. Change Requests:

Any request for a change in the work to be performed regarding this Solicitation, including requests for changes in project plan, scope, specifications, schedule, requirements, deliverables, or any other aspect, shall be submitted in writing. The parties may change the scope of the of this Solicitation or pricing specified in the Contract only by written amendment to the Contract, signed by an authorized representative of each party. An amendment to the Contract is not valid without the written approval and signature of TMB’s Executive Director, Deputy Executive Director of Business Administration, or General Counsel.

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Section 4 – Project Requirements and Expectations

4.1. Response Submission Instructions

The respondent is solely responsible for ensuring its Response is complete, satisfies all Solicitation requirements, and is submitted to, and received by TMB by the Response deadline. In no event will TMB be responsible or liable for lost, misdirected, technical difficulties preventing submission of Responses, delivery delays or errors, or late Responses. Responses must be received by the Response Deadline. Late Responses will not be accepted.

4.2. Electronic Mail Submission

A. Responses submitted by email must be sent to purchasing@tmb.state.tx.us by the

Response Deadline. If TMB, in its sole discretion, determines any portion of a Response submitted is received late, is illegible, or otherwise non-responsive, the Response or applicable portion of the Response will be considered late and will be rejected. TMB will notify Respondents if their Response is rejected.

B. The subject line for emails should contain the following in the subject line as well as the

Respondent’s name, and the number of emails if more than one (e.g, 1 of #)

“RFP No. 503-26-0001, TMB Court Reporting Services <Respondent’s Name Here>”

C. All forms requiring signatures must be manually signed with scanned signatures

D. TMB strongly encourages Respondent to send the email with the attached Response at least fifteen (15) minutes prior to the Deadline for Submission of Responses as specified in this Solicitation to allow for any networking delays that may occur.

E. TMB is not responsible for Responses submitted by email, lost emails, or blocked emails, or emails that do not follow the required naming convention. Additionally, TMB takes no responsibility for emailed Responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any TMB anti-virus or other security software. Respondents are advised to be aware Internet Service Providers may limit file sizes on outgoing emails.

4.3. Respondent’s Response Format and Required Elements

A. Title Page

The response title page should include the following:

i. Solicitation name and number; and

ii. Legal name and principal business address of the Respondent, and the name, business address, telephone numbers, and email addresses (if applicable) of the proposed principal contact person regarding all contractual matters pertaining to this Solicitation.

mailto:purchasing@tmb.state.tx.us

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B. Table of Contents

The Response should be submitted with a table of contents that clearly identifies and denotes the location of each section and sub-section of the Response. Additionally, the table of contents should clearly identify and denote the location of all enclosures, appendices, and attachments to the Response.

C. Executive Summary

Respondents should submit an Executive Summary that provides a concise summary of the plan being proposed to meet the requirements of this Solicitation, the Respondent’s approach to providing the requirements in the Solicitation, and a description of what uniquely qualifies Respondent for contract award under this Solicitation. The Executive Summary should exclude cost information.

D. Demonstration of Respondents Experience and Capacity to Perform

Respondent must submit with its Response all documentation that Respondent believes indicates it is best suited to provide services for this project. Information submitted with the Response may include, but is not limited to:

i. Company Size/Number of Employees

ii. Number of current contracts for provisions of similar services within the scope of this Solicitation

iii. Any additional documentation that indicates Respondent’s experience, expertise, capacity, and stability necessary to successfully comply with the requirements of this Solicitation.

E. Implementation Strategy

Respondents must provide a detailed Implementation Strategy describing how the requirements of this Solicitation will be met. This section should outline the Respondent’s proposed approach, methods, processes, and timeline for delivering the requested goods and/or services. The Implementation Strategy should demonstrate a clear, step-by-step plan that reflects an understanding of the Solicitation’s scope, objectives, and deliverables.

F. Price Schedule

i. The Respondent must complete and submit in its Response a separate page titled, Mandatory Price Sheet, in the format described below.

ii. All costs associated with the services offered must be entered on the Mandatory Price Sheet and described in the Response. This includes the following mandatory costs:

• Classification of all employees expected to perform required services’

• Blended hourly fee for employees and/or associated expected to perform the required services

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• Estimated total working hours by employees by work product and/or deliverable

• Estimated travel expenses to include cost for transportation, overnight lodging, and meals according to Texas Comptroller of Public Accounts travel guidelines

• Estimated expenses to include cost for administrative and related services

*Price Schedule 1: Insert additional lines as necessary to accommodate all work products and deliverables. An example is provided.

Price Schedule 1* Texas Medical Board

# Description Quantity Price per Unit Total Price

3.1.A - Verbatim records of depositions, hearings, proceedings and other events, which may include transcriptions of pre-recorded proceedings, as required by

TMB.

3.1.B - Collection of documents, exhibits and evidence related to hearings, deposition and proceedings.

3.1.C - Service of subpoenas and dispositions for the attendance of witnesses and the production of documents at depositions, hearing and proceedings.

4 3.1.D - Videography Services $

3.1.E - Hosting Video conferences for dispositions by software such as Zoom, Teams, or other similar software.

Total $

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G. Contract History Respondent must provide the following information for all contracts, past and present, related to the scope of this Solicitation:

i. Name of Client

ii. Contact title, name, business, address, phone number, and email address

iii. Brief description of the project (include scope of work and indicate whether Respondent was the prime contractor or subcontractor)

iv. Contract start and end dates

v. Detailed reason for contract termination, expiration, and/or non-renewal by

Respondent’s client(s)

vi. Details of any of the Respondent’s clients that have assessed liquidated damages against the Respondent

4.4. Evaluation Matrix

All Responses will be evaluated based upon pre-defined criteria. TMB will use a weighted scoring system to achieve a fair and objective assessment of the Responses received based on the evaluation matrix below.

Criteria Weight Respondent’s Qualifications and Experience 40% Implementation Strategy 30% Price Schedule 20% Contract History 10% Total: 100%

4.5. Respondent’s References

A. In its Response, Respondent must provide a list of three (3) entities other than TMB for which Respondent has provided services and/or products described in this Solicitation during the past three (3) years. For each of the three references, Respondent must include dates when items that were the same or similar to those requested in this Solicitation were provided, and the names, telephone numbers and email addresses of the entity’s contact person.

B. In TMB’s sole discretion, TMB may contact Respondent’s references by electronic mail or telephone. TMB will not notify Respondent of its reference-checking activities. In the event Respondent provides more than three references, TMB will contact only the first three references listed in Respondent’s Response

C. TMB may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (VPTS), as authorized by Section 2262.055 of the Texas Government Code, TMB may

Version 1.2 RFP No. 503-26-0001: Page 16 of 33 examine other sources of Respondent performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports and non-renewals of contracts. Such sources of Respondent performance may include any governmental entity, whether an agency or political subdivision of the state of Texas, another state or the Federal government. Further, TMB may initiate such examinations of Respondent performance based upon media reports. Any such investigations shall be at the sole discretion of TMB, and any negative findings, as determined by TMB, may result in a non-award to Respondent.

D. Respondent must provide the reference information in a format similar to the following:

Reference 1:____________________________________________________________________________

Entity Name:___________________________________________________________________________

Date Item(s) Provided:___________________________________________________________________

Name of Entity’s Contact Person:________________________________________________________

Telephone Number of Entity’s Contact Person:____________________________________________

Email Address of Entity’s Contact Person: ________________________________________________

Reference 2:____________________________________________________________________________

Entity Name:___________________________________________________________________________

Date Item(s) Provided:___________________________________________________________________

Name of Entity’s Contact Person:________________________________________________________

Reference 3:____________________________________________________________________________

Entity Name:___________________________________________________________________________

Date Item(s) Provided:___________________________________________________________________

Name of Entity’s Contact Person:________________________________________________________

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4.6. Standard Acceptance and Evaluation Process for Work Products

A. Successful Respondent shall be responsible for the creation, development, and submission of the written deliverables and work products required under the Contract.

B. Successful Respondent shall make all written deliverables and work products electronically available in software versions and formats and for operating platforms approved by TMB (i.e. Microsoft Word, Microsoft Excel, Microsoft PowerPoint, Windows operating system, .pdf, etc.).

C. All written deliverables and work products must be reviewed and approved by TMB.

D. Except as otherwise mutually agreed by TMB and Successful Respondent, TMB’s evaluation period shall be five (5) Business Days for each written deliverable or work product. On or before the fifth (5th) Business Day following TMB’s receipt of Successful Respondent’s written deliverable or work product, TMB shall provide Successful Respondent with either:

i. TMB’s written acceptance of the written deliverable or work product, or

ii. TMB’s written rejection of the written deliverable or work product. Successful

Respondent shall have five (5) Business Days after written notice within which to correct all defects identified within the written notice of rejection and resubmit the corrected written deliverable or work product. Upon delivery, TMB shall have three (3) Business Days to evaluate the corrected written deliverable or work product to confirm that the defects identified by TMB have been corrected. The evaluation process shall be continued until the written deliverable or work product receives TMB approval.

4.7. Status Reports

Successful Respondent shall provide bi-weekly status reports, or more frequent status reports as determined by TMB, to designated TMB personnel. Status reports may be conducted virtually and may be required based on discussions in the kickoff meeting or initial workshop. The status reports and/or meetings shall include any identified risks or major concerns that may impact the overall schedule of the work. Successful Respondent shall be responsible for identifying, documenting, and assessing potential risks related to this project, and for managing actions to avoid, transfer, mitigate, or otherwise address those risks throughout the project lifecycle. If any risk escalates to an issue requiring immediate attention, Successful Respondent shall promptly notify the TMB point of contact and TMB Contract Manager upon determining that mitigation is necessary.

4.8. Communications with TMB Designated Personnel:

Successful Respondent may communicate with various TMB personnel under the direction of a TMB designated point of contact.

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Section 5 – Standard Terms and Conditions These Standard Terms and Conditions are incorporated into this solicitation for all purposes.

Respondent’s representation and signature is required on the Execution of Response.

5.1. Additional Terms

A. Award of Contract:

A Response to this solicitation must be based upon the terms, conditions, and specifications contained herein. The successful Response to this Solicitation does not become a Contract until the Parties execute a written contract or TMB issues a Purchase Order that is accepted by a Contractor. The award of any contract that may result from this Solicitation will be made based upon the evaluation of all compliant responses received, using the applicable best value factors and the weights listed in the Evaluation Matrix in the Summary.

B. Cancellation of Contract:

TMB reserves the right to accept or reject all or any part of a Response, waive minor technicalities or immaterial requirements, and award any Contract that may result from this Solicitation that serves the best interests of the State.

If, for any reason, a final Contract cannot be executed with a Respondent selected for award within ten Business Days of TMB beginning negotiations with a Respondent, TMB may, in its sole and absolute discretion, negotiate a Contract with the next highest-scoring Respondent or may withdraw, modify, or partially award any Contract that may result from this Solicitation.

Additionally, TMB reserves the right to make changes to and/or cancel this Solicitation, make a partial award, or decline to award a Contract resulting from this Solicitation at any time at its sole and absolute discretion.

C. Negotiations:

TMB reserves the right to negotiate any term or condition set forth in the Response that TMB considers to be unfavorable to the State and to make modifications to the requirements set forth in this Solicitation, provided such modifications do not constitute a material change.

D. Resource Management:

Successful Respondent shall ensure that the project is adequately staffed throughout the entire project. Successful Respondent shall ensure that all its employees are trained, certified, or licensed, as applicable, and are properly qualified by education and experience to perform the project

E. Signature Authority:

The Respondent, by submitting its Response, represents and warrants that the individual submitting its Response, including all documents incorporated therein, is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any Contract that may result from the submission of its Response.

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F. Insurance:

Successful Respondent will secure and maintain all insurance premiums that are required by this Solicitation or the Contract or insurance premiums that are necessary to protect the interests of the state of Texas and TMB or that Successful Respondent may need or desire for Successful Respondent or Successful Respondent’s employees. Failure to maintain required insurance coverage or bonds, or acceptable alternative methods of insurance will be deemed a breach of Contract. The required coverage is as follows:

i. Worker’s Compensation and Employers’ Liability coverage with limits consistent with statutory benefits outlined in the Texas Worker’s Compensation Act (Section 401.001 et seq., Texas Labor Code) and minimum policy limits for Employers’ Liability of $250,000 bodily injury per accident, $500,000 bodily injury disease policy limit, and $250,000 per disease per employee.

ii. Commercial General Liability with a combined single limit of $500,000 per occurrence for coverage AB&C including products and completed operations, where appropriate, with a separate aggregate of $1,000,000. The policy must have blanket insurable contractual liability coverage for liability assumed under the Contract, TMB listed as an additional insured, and a waiver of subrogation endorsement.

iii. Business Automobile Liability Insurance for all owned, non-owned, and hired vehicles with a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence, and at least $100,000 property damage liability per accident. The policy must contain a waiver of subrogation endorsement and have TMB listed as an additional insured.

iv. Errors and Omissions Insurance: $100,000 minimum each occurrence limit;

$300,000 minimum aggregate limit.

G. Executive Order GA-48 Compliance By responding to this Solicitation, the Respondent certifies that the responding organization, and, if applicable, any, holding company or subsidiaries is not:

i. Listed in Section 889 of the 2019 National Defense Authorization Act (NDAA);

or

ii. Listed in Section 1260H of the 2021 NDAA; or

iii. Owned by the government of a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R section 791.4; or

iv. Controlled by any governing or regulatory body located in a country on the U.S.

Department of Commerce’s foreign adversaries list under 15 C.F.R section 791.4.

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5.2. Standard Terms

A. Applicable Statutes, Rules, and Regulations:

Respondents must comply with all statutes, rules, and regulations related to purchasing applicable to the State and TMB in addition to the requirements of this Solicitation.

Additionally, any vendor under any Contract that may result from this Solicitation, will comply with all federal, State, and local laws, statutes, rules, regulations, and ordinances, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the Contract including, but not limited to, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations.

B. Anti-Trust Affirmation:

Respondent represents and warrants that, in accordance with Section 2155.005 of the Texas Government Coe, neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent or anyone acting for such firm, corporation, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Response to any competitor or any other person engaged in the same line of business as Respondent.

C. Assignment:

Respondent shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from TMB. Any attempted assignment in violation of this provision is void and without effect.

D. Buy Texas Affirmation:

Respondent agrees to comply with Section 2155.4441 of the Texas Government Code relating to use of Service contracts and the purchase of products and materials produced in the State of Texas.

E. Child Support Obligation:

Under Section 231.006(d) of the Texas Family Code, regarding child support, Respondent certifies that the individual or business entity named in this Response is not ineligible to receive the specified payment and acknowledges that the contract may be terminated, and payment may be withheld if this certification is inaccurate. Furthermore, any Respondent subject to Section231.006(c) of the Texas Family Code, must include in the Response the names and social security numbers of each person with at least 25% ownership of the business entity submitting the Response.

F. Cloud Computing State Risk and Authorization Management Program:

Pursuant to Section 2054.0593(d)-(f) of the Texas Government Code, relating to cloud computing state risk and authorization management program, Respondent represents and warrants that it complies with the requirements of the state risk and authorization management program and Respondent agrees that throughout the term of the contract it shall maintain its certifications and comply with the program requirements in the performance of the contract.

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G. Computer Equipment Recycling Program:

Respondent certifies its compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328

H. Contracting Information Responsibilities:

Respondent represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552 of the Government Code, may apply to the contract and the Respondent agrees that the contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

I. COVID-19 Vaccine Passport Prohibition:

Respondent certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contract.

J. Critical Infrastructure Affirmation:

Pursuant to Government Code Section 2275.0102 Respondent certifies that neither it nor its parent company, nor any affiliate of Respondent or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2275.0103, or (2) headquartered in any of those countries.

K. Cybersecurity Training:

Respondent represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program.

L. Data Management and Security Controls:

In accordance with Section 2054.138 of the Texas Government Code, Respondent certifies that it will comply with the security controls required under this contract and will maintain records and make them available to TMB as evidence of Respondent’s compliance with the required controls.

M. Dealings with Public Servants Affirmation:

Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Response.

N. Debts and Delinquencies Affirmation:

Respondent agrees that any payments due under the contract shall be applied towards any debt or delinquency that is owed to the State of Texas.

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O. Disaster Recovery Plan:

In accordance with 13 TAC Section 6.94(a)(9), Respondent shall, upon request, provide TMB with the descriptions of its business continuity and disaster recovery plans.

P. Disclosure of Prior State Employment:

In accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Respondent certifies that it does not employ an individual who has been employed by TMB or another TMB at any time during the two years preceding the submission of the Response or in the alternative, Respondent has disclosed in its Response the following: (i) the nature of the previous employment with TMB or the other TMB; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination.

Q. Dispute Resolution:

Disputes arising under the contract shall be resolved in accordance with the dispute resolution processes provided in Chapter 2260 of the Texas Government Code.

R. Dispute Resolution (Engineering, Architectural, or Construction Services):

Subject to Texas Government Code, Section 2260.002, the dispute resolution process provided for in Chapter 2260 of the Texas Government Code and set forth below in subsections (a)-(d) shall be used by the parties to attempt to resolve all disputes arising under this contract. In accordance with the Texas Civil Practice and Remedies Code, Section 114.005, the parties agree claims encompassed by Texas Government Code, Section 2260.002(3) and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below

i. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter

114.012 and any other statute or applicable law, if the Respondent’s claim for breach of contract cannot be resolved by the parties in the ordinary course of business, Respondent may make a claim against TMB for breach of contract and TMB may assert a counterclaim against the Respondent as is contemplated by Texas Government Code, Chapter 2260, Subchapter B. In such event, Respondent must provide written notice to TMB of a claim for breach of the contract not later than the 180th day after the date of the event giving rise to the claim. The notice must state with particularity: (1) the nature of the alleged breach; (2) the amount the Respondent seeks as damages; and (3) the legal theory of recovery.

ii. The chief administrative officer, or if designated in the contract, another officer of TMB, shall examine the claim and any counterclaim and negotiate with the Respondent in an effort to resolve them. The negotiation must begin no later than the 120th day after the date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, Section 2260.052.

iii. If the negotiation under paragraph (b) above results in the resolution of some disputed issues by agreement or in a settlement, the parties shall reduce the agreement or settlement to writing and each party shall sign the agreement or settlement. A partial settlement or resolution of a claim does not waive a party’s rights under this contract as to the parts of the claim that are not resolved.

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iv. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day after the date the claim is filed with TMB, unless the parties agree in writing to an extension of time, the parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is the Respondent’s sole and exclusive process for seeking a remedy for an alleged breach of contract by TMB if the parties are unable to resolve their disputes as described in this section.

v. Nothing in the contract shall be construed as a waiver of the state’s or TMB’s sovereign immunity. This contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas.