ESBD_450511_1756484136235_00_3202500203 Appriss Incarceration Data.pdf

Albert Treviño III, Commissioner Representing Labor

Joe Esparza, Commissioner Representing Employers

Vacant, Commissioner Representing the Public

Invitation for Bids (IFB) for Appriss Incarceration Data Set

IFB No. 3202500203

Date of Release: August 29, 2025 Bids Due: September 12, 2025, by 10:00 a.m. Central Time

*956-35 Internet Database Subscriptions

*963-45 Licensing Fees

Sole Point of Contact for this IFB (see Section 4.1):

Kelly Hall, CTCD VendorProposals@TWC.texas.gov mailto:VendorProposals@TWC.texas.gov

Page 2 of 30 Ver. 2 10/24 IFB No 3202500203

Table of Contents

DEFINITIONS

ARTICLE I. PURPOSE, AUTHORITY AND SCHEDULE OF EVENTS

1.1 Purpose

1.2 Authority

1.3 Schedule of Events

ARTICLE II. SCOPE OF WORK

2.4 Background

2.2 Description of Services/Scope of Work/Specifications

2.3 Goals

2.4 Roles and Responsibilities

2.5 Key Assumptions

2.6 Excluded Services

2.7 Success Criteria

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

3.2 Contract Award

3.3 Contract Term

3.4 Price Adjustment

3.5 Payments

3.6 Contract Amendments

3.7 No Guarantee of Volume, Usage or Compensation

3.8 Governmental Entities

3.9 Offer Period

3.10 Cost Incurred

3.11 Public Information Act-Bidder Response

3.12 Public Information Action-Contract Award

3.13 Bidder Waiver-Intellectual Property

3.14 Changes of Ownership or Financial Condition

3.15 Liquidated Damages

3.16 Severability

3.17 Franchise Tax-Right to Transact Business in Texas

3.18 Subcontractor Requirements

3.19 Data Use Agreement

ARTICLE IV. BID PROCESS

4.1. General Information

4.2. Bid Composition

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4.3. Bid Submission and Delivery

4.4. Additional Information

4.5. Ambiguity, Conflict, or Discrepancy

ARTICLE V. BID EVALUATION

5.1 Screening of Responses

5.2 Evaluation

ARTICLE VI. REQUIRED BID INFORMATION

6.1 Execution of Bid

6.2 Financial Soundness

6.3 Cost Proposal

6.4 HUB Subcontracting Plan

LIST OF ATTACHMENTS AND FORMS

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DEFINITIONS

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms have the meanings assigned below:

“Addendum” means a written addition, change, or supplement to this

Solicitation that is posted to the ESBD prior to the response due date.

“Bidder” means the individual or entity that submits an offer or Bid. The term includes anyone acting on behalf of the individual or entity that submits an offer or Bid, such as an agent, employee, and representative.

“Business Day” means days occurring Monday through Friday except for the legal holidays observed by the State of Texas. All uncapitalized references to

“days” shall be calendar days.

“Competitive Range” consists of the offers or Bids that have a reasonable chance of being selected for award based on the evaluation criteria and basis for award as stated in this Solicitation.

“Contract” means the written agreement entered into by TWC and Successful

Bidder, which will incorporate the contents of this RFP and the Successful

Bidder’s Bid, except as may be provided in the Contract and any amendments thereto.

“Contract Term” means the definite period of time that the Contract will remain in effect.

“ESBD” means the Electronic State Business Daily, an online platform, administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract

Page 5 of 30 Ver. 2 10/24 IFB No 3202500203 awards. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code and Title 34 of the Texas Administrative Code

(TAC), § 20.282.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required to be submitted with all Bids for state agency contracts with an expected value of $90,000 or more and where

TWC has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by TWC during the term of the Contract.

“IFB” means this document including all exhibits, attachments, forms, and

Addenda, if any. May also be referred to as Invitation for Bids.

“PCS” means Procurement and Contract Services, a department within TWC’s

Business Operations division.

“PHS” means Procurement and HUB Services, a division of PCS.

“Solicitation” means this IFB, including all exhibits, attachments, forms, and

Addenda, if any.

“State” means the State of Texas and its instrumentalities, including TWC, its officers, employees, or authorized agents, and any other state agencies.

“Subcontractor” refers to a person who contracts with a vendor to work or continue toward completing work for a governmental entity. The term does not include a state agency. The term includes an officer or employee of a state agency when the officer or employee contracts with a vendor in a private capacity.

https://www.hhs.texas.gov/business/contracting-hhs/historically-underutilized-business-opportunities-program

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“Successful Bidder” means the Bidder with whom TWC executes a Contract to provide the goods and/or services that this Solicitation requires.

“TWC” means the Texas Workforce Commission.

“VPTS” means Vendor Performance Tracking System, as described under Texas

Government Code § 2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas

Government Code § 2155.089 and 34 TAC § 20.509.

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ARTICLE I. PURPOSE, AUTHORITY AND

SCHEDULE OF EVENTS

1.1 Purpose

The Texas Workforce Commission (TWC) is seeking bids for access to Appriss

Incarceration Data, which provides nationwide incarceration data used by

TWC's Fraud Deterrence and Compliance Monitoring (FDCM) Division. FDCM uses this data to perform required crossmatches with TWC’s Unemployment

Insurance (UI) data and other sources to identify individuals committing UI fraud while incarcerated.

Procurement and HUB Services (PHS), a division of Procurement and Contract

Services (PCS), a department within TWC’s Business Operations division, will administer the procurement process for this Solicitation, which includes IFB announcement and publication, Bidder communications, receipt of Responses, screening of timely received responses, and facilitating the evaluation of qualified Responses. PCS, in coordination with each TWC program, manages the execution of the award, through issuance of Purchase Order(s) or other

Contract document, resulting from this IFB.

Information regarding TWC and its programs is available online and can currently be accessed at www.twc.texas.gov.

1.2 Authority

TWC is soliciting the goods and/or services stated in this IFB under of the authority Texas Government Code § 2157.068 (b).

mailto:VendorProposal@TWC.texas.gov

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1.3 Schedule of Events

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellation made prior to the Deadline for Submission of Bids will be published as an Addendum posted to the

ESBD. Bidder is required to sign and return an Addendum or Addenda with the Bid.

EVENT DATE and TIME

Solicitation posted to ESBD AUGUST 29,2025

Deadline for Submission of Bids SEPTEMBER 12, 2025, at 10:00 AM Central

Time

Anticipated Contract Start Date Upon Contract Award

Bidder must submit its Bid to TWC in accordance with the due date and time as indicated in this Schedule of Events or as changed via a notification of an

Addendum posted to the ESBD.

ARTICLE II. SCOPE OF WORK

2.4 Background

Appriss Incarceration Data provides nationwide incarceration data used by

TWC's Division of Fraud Deterrence and Compliance Monitoring (FDCM) to perform required crossmatches with TWC’s UI data and other sources to identify individuals committing fraud while incarcerated.

Appriss developed and maintains the Victim Information and Notification

Everyday (VINE) system. VINE is a service that allows crime victims to stay

Page 9 of 30 Ver. 2 10/24 IFB No 3202500203 informed about an offender's current incarceration status, including the facility where they are held. By communicating with jail and prison booking systems nationwide, VINE enables crime victims and the public to access information about an offender's release, transfer, or escape. Operated by Appriss, VINE is the de facto standard for comprehensive incarceration data collection and sharing in the United States.

2.2 Description of Services/Scope of Work/Specifications

These specifications are being advertised under Section 2155.067 of the

Texas Government Code. Only bids on items conforming exactly to these specifications, which include proposing only the brand name(s), make and model number(s) specified, will be considered in determining an award.

The incarcerated individual matching process requires ongoing data exchange and integration between TWC’s UI data and APPRISS’ VINE system, in order to identify individuals receiving UI benefits who may be incarcerated which makes them ineligible for UI benefits.

2.3 Goals

a. To continue using the Appriss’ VINE system to cross-match data, identifying fraudulent UI Claimants.

b. To improve the accuracy and efficiency of identifying incarcerated individuals.

c. To reduce improper benefit payments.

d. To integrate APPRISS incarceration data seamlessly into the TWC benefits system.

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2.4 Roles and Responsibilities

Successful Bidder’s Responsibilities

a. Data Matching and Scoring

The Successful Bidder must:

1. Receive weekly data file from TWC (delivered either Monday or

Tuesday).

2. Crossmatch the TWC data against APPRISS’ VINE system, a proprietary incarceration database.

3. Provide a “level of confidence” score for each potential match, reflecting the reliability of the match based on the criteria (name, date of birth, social security number, driver’s license number). The highest level of confidence should indicate a match on all or most criteria.

4. Define the criteria used to determine the “level of confidence”. (e.g., very strong, strong, moderate, weak)

b. Return File Generation and Delivery

1. The Successful Bidder must generate a return file containing matches identified, including the "level of confidence" score for each match.

2. The return file should include the following information for each matched individual:

i. Incarceration Date and Time

ii. Release Date and Time (if applicable)

iii. Name of the facility

iv. Address of the facility

v. Phone number of the facility

3. The Successful Bidder must deliver the return file to TWC in a mutually agreed upon format and delivery method.

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c. Data Layout Documentation

The Successful Bidder must provide TWC with comprehensive documentation of the input and output file layouts. This documentation should include:

1. Field names and descriptions

2. Data types and lengths

3. Any applicable codes or validation rules

d. Data Security

The Successful Bidder must ensure the secure handling and transmission of sensitive data in compliance with relevant privacy regulations and security standards.

e. Ongoing Support

The Successful Bidder must provide ongoing technical support to TWC regarding the data matching process and any issues that may arise.

TWC Responsibilities

a. Data Matching and Scoring

TWC will:

1. Generate a weekly data file of individuals for Successful Bidder to crossmatch.

2. Transmit the data file to Successful Bidder securely via TWC’s secure file transfer protocol (FTP) solution (e.g., Go AnyWhere) either

Monday or Tuesday of each week.

3. Send an email notification via TWC’s secure FTP solution to Successful

Bidder upon successful file transmission.

b. Return File Receipt and Processing

TWC will:

1. Receive the return file from Successful Bidder with the APPRISS data.

2. Send an email notification to a designated group email list upon

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3.

4. Initiate the batch jobs to store the Successful Bidder return file into

TWC’s DB2 database table.

c. Data Validation and Case Creation

TWC will:

1. Implement and maintain batch jobs to perform data integrity and validation on the data.

2. Develop and maintain logic to create jail cases within TWC’s benefits system based on matches with a "Very Strong" level of confidence.

d. Data Security

TWC will ensure the secure handling and storage of the return file data within TWC systems.

e. Liaison and Communication

TWC will provide a point of contact for Successful Bidder to address technical questions or issues.

2.5 Key Assumptions

a. Successful Bidder has the necessary infrastructure and expertise to perform the data matching and scoring as described.

b. TWC has the necessary infrastructure and expertise to receive, process, and store the return file data.

c. Both parties will maintain open communication and collaborate effectively to ensure the success of the integration.

d. The input and output file formats will be clearly defined and documented by

Successful Bidder.

e. TWC's benefits system is capable of handling the creation of jail cases based on the data provided in the return file.

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2.6 Excluded Services

a. Any modifications to the APPRISS proprietary incarceration database, VINE.

b. Changes to the core functionality of the TWC benefits system beyond the creation of jail cases.

c. Data quality issues within the TWC source data. Successful Bidder will report suspect data but will not be responsible for fixing it.

2.7 Success Criteria

a. Successful and timely delivery of the weekly data file from TWC to Successful

Bidder.

b. Successful and timely generation and delivery of the return file from

Successful Bidder to TWC.

c. Accurate identification of incarcerated individuals within the TWC Benefits system.

d. Seamless creation of jail cases within the TWC Benefits System for matches with a "Very Strong" level of confidence.

e. Reduced improper benefit payments due to incarceration.

2.8 Insurance Requirements

2.8.1 General Insurance Requirements

a. At a minimum, the Successful Bidder shall carry insurance in the types and amounts indicated in Attachment 1 – TWC Terms & Conditions and Section 2.8.3 Specific Insurance Coverage Required, below. The insurance shall be evidenced by delivery to TWC certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions.

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Upon request, TWC and/or its agents shall be entitled to receive, without expense, copies of the policies and all endorsements.

b. Successful Bidder shall provide and maintain all insurance coverage with the minimum amounts described throughout the life of the Contract. A lapse in coverage shall constitute a material breach of the Contract and a justification for withholding of payment until a certificate of renewal or issuance of coverage is provided to TWC.

c. Failure to maintain insurance coverage, as required, is grounds for suspension of work for cause.

d. Successful Bidder shall deliver to TWC true and complete copies of certificates and corresponding policy endorsements upon award.

e. Failure of TWC to demand such certificates or other evidence of

Successful Bidder's full compliance with these insurance requirements or failure of TWC to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Successful Bidder's obligation to maintain such insurance.

f. The insurance and insurance limits required herein shall not be deemed as a limitation on Successful Bidder’s liability under the indemnities granted to TWC in the Contract.

g. The insurance coverage and limits established below shall not be interpreted as any representation or warranty that the insurance coverage and limits necessarily will be adequate to protect Successful

Bidder.

2.8.2 Policies must include the following clauses, as applicable:

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a. This insurance shall not be canceled, materially changed, or non-renewed except after thirty (30) days written notice has been given to

TWC.

b. It is agreed that Successful Bidder’s insurance shall be deemed primary with respect to any insurance or self-insurance carried by TWC for liability arising out of operations under the Contract with TWC. TWC, its officials, directors, employees, representatives, and volunteers are added as additional insureds as respects to operations and activities of, or on behalf of the named insured performed under with TWC. The additional insured status must cover completed operations as well. This is not applicable to workers’ compensation policies.

c. A waiver of subrogation in favor of TWC shall be provided in all policies.

d. Without limiting any of the other obligations or liabilities of Successful

Bidder, Successful Bidder shall require each Subcontractor performing work under the Contract, at Subcontractor’s own expense, to maintain during the term of the Contract the same stipulated minimum insurance, including the required provisions and additional policy conditions as shown above.

e. As an alternative, Successful Bidder may include its Subcontractors as additional insureds on its own coverage as prescribed under these requirements. Successful Bidder’s certificate of insurance shall note in such event that Subcontractors are included as additional insureds, and that Successful Bidder agrees to provide workers’ compensation for

Subcontractors and their employees. Successful Bidder shall obtain and monitor the certificates of insurance from each Subcontractor in order to assure compliance with the insurance requirements. Successful Bidder must retain the certificates of insurance for the duration of the Contract plus seven (7) years and shall have the responsibility of enforcing these insurance requirements among its Subcontractors. Owner shall be

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2.8.3 Specific Insurance Coverage Required.

a. Umbrella Liability Insurance. Successful Bidder shall obtain, pay for and maintain umbrella liability insurance during the Contract term, insuring Successful Bidder for an amount of not less than amount

$25,000,000 that provides coverage at least as broad as and applies in excess and follows form of the primary liability coverages required hereinabove.

The policy shall provide “drop down” coverage where underlying primary insurance coverage limits are insufficient or exhausted.

b. Cyber/Privacy Liability Insurance Policy. Successful Bidder shall provide Cyber/Privacy Liability Insurance to cover risk of loss to electronic data. The policy must include coverage for electronic vandalism to electronic data, including coverage for a third party's willful electronic alteration of data, introduction of viruses which impact electronic data, unauthorized use of electronic data, or denial of service to web site or email destinations.

Cyber Liability Insurance $5,000,000 Claim/$5,000,000 Aggregate.

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

The Terms and Conditions identified in the Solicitation, Attachment 1 –

TWC Terms & Conditions are applicable to this Solicitation and any

Contract resulting from this Solicitation. TWC reserves the right to incorporate additional provisions in the Contract in the best interest of TWC.

In the event of a conflict between this Solicitation and applicable laws and

Page 17 of 30 Ver. 2 10/24 IFB No 3202500203 regulations, precedence shall be given to the laws and regulations.

3.2 Contract Award

TWC intends to award one Contract as a result of this Solicitation.

A written notice of Contract Award will be posted on the ESBD, and notification will be sent to all Bidders immediately following execution of the

Contract.

3.3 Contract Term

The Contract Term will commence on the fully executed Contract date and expire on August 31, 2026. At the end of the initial Term, TWC will have the sole option to renew the term of the Contract for four (4) additional one-year terms.

The Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the General Appropriations Act, TWC consolidation of offices, or any other disruption of current appropriations, Termination provisions of Attachment 1 - TWC Terms and Conditions shall apply.

Following the base term and any allowable renewals or extensions, TWC may extend any resulting Contract for not more than one (1) additional option period to address immediate operational or service delivery needs. If the resulting Contract does not include a defined option period, the extension is limited to one (1) year.

3.4 FIRM FIXED Price

Pricing agreed to in any resulting Contract shall be firm and remain constant based on the price agreed upon at award through the life of the Contract and any exercised optional renewal terms, if applicable.

3.5 Payments

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Payment will be made by TWC in accordance with the pricing provided on

Form 2 – Cost Proposal. The pricing is considered all-inclusive, and no other pricing may be provided on an invoice.

TWC must acknowledge that the services have been satisfactorily performed, and products received, if applicable, which are included on an invoice prior to approving the invoice for payment.

Any additional expenses incurred by the Contractor are the responsibility of the Contractor and will not be paid by TWC.

TWC will not pay any per diem, travel, hotel, equipment, phone calls, paper, reproduction services, office space, or other incidental expenses related to performing the services required by the Contract.

3.6 Contract Amendments

The Contract may be amended only by written agreement signed by both the Successful Bidder and TWC.

3.7 No Guarantee of Volume, Usage or Compensation

TWC makes no guarantee of volume, usage, or total compensation to be paid to a Bidder under an awarded Contract, if any, resulting from this

Solicitation.

TWC reserves the right to cancel, make partial award, or decline to award a

Contract under this Solicitation at any time at its sole discretion.

3.8 Governmental Entities

If Bidder is responding to this Solicitation in its capacity as a governmental entity, certain Terms and Conditions found in this Solicitation, including exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Bid is received from a governmental entity, TWC reserves the right to enter into an interagency or interlocal agreement with

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3.9 Offer Period

Bids shall be binding for a period of ninety (90) days after the submission due date. A Bidder may extend the time for which its Bid will be honored.

Upon Contract execution, prices agreed upon by the Successful Bidders(s) are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Successful Bidder unless expressly agreed upon in writing by TWC.

3.10 Cost Incurred

Bidder understands that issuance of this Solicitation in no way constitutes a commitment by TWC to award a Contract. Additionally, TWC is not liable for any costs incurred by a Bidder in the preparation of a response to this

Solicitation. Costs of developing Bids, preparing for, or participating in Oral

Presentations and Site Visits, or any other similar expenses incurred by a

Bidder are entirely the responsibility of the Bidder, and will not be reimbursed in any manner by the State of Texas.

3.11 Public Information Act-Bidder Response

Information, documentation, and other materials submitted in connection with this Solicitation or resulting Contract may be subject to public disclosure pursuant to the Texas Public Information Act, Texas Government

Code, Chapter 552. See Attachment 1 – TWC Terms & Conditions, Section 2.4.

If Bidder asserts that information provided in its Bid is exempt from disclosure under the Texas Public Information Act, Bidder must mark and submit two separate, searchable Portable Document Format (PDF) copies

(Original Bid and “Public Information Act Copy,” including attachments, of the Original Bid) as identified below. This copy is in addition to the original and all copies otherwise required under the provisions of this Solicitation).

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3.12 Public Information Action-Contract Award

a. Within five (5) Business Days from Contract execution, the Successful

Bidder must submit a “Public Information Act Copy” of the Original

Executed Contract (in addition to the Original Executed Contract) to the

TWC Contract Manager by email. The Public Information Act Copy must meet the following requirements:

b. The copy must be clearly marked as “Public Information Act Copy” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger).

c. Each portion Successful Bidder claims is exempt from public disclosure must be redacted (blacked out); and

d. Successful Bidder must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in

Subsection b of this section must be identical to those set forth in the

Original Bid as required in Section 3.11. above. The only difference in required markings and information between the Original Contract and the

“Public Information Act Copy” of the contract will be redactions, which can only be included in the “Public Information Act Copy.” There must be no redactions in the Original Executed Contract.

3.13 Bidder Waiver-Intellectual Property

SUBMISSION OF ANY DOCUMENT TO TWC IN RESPONSE TO THIS

SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER AND

AGREEMENT BY BIDDER TO FULLY INDEMNIFY THE STATE OF TEXAS

AND TWC FROM ANY CLAIM OF INFRINGEMENT AGAINST THE STATE

OF TEXAS AND TWC REGARDING THE INTELLECTUAL PROPERTY

RIGHTS OF BIDDER OR ANY THIRD PARTY FOR ANY MATERIALS

SUBMITTED TO TWC BY BIDDER.

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3.14 Changes of Ownership or Financial Condition

During the term of the Contract or any extension or renewal thereof, the

Successful Bidder shall notify TWC in writing of any substantial change in the ownership or control of the Successful Bidder as soon as possible, but no later than thirty (30) days prior to its occurrence. Successful Bidder must also notify TWC in writing of any change in financial condition as soon as possible, but no later than ten (10) days after its occurrence.

The failure to notify TWC of a change of ownership or control or change in financial condition will be sufficient grounds for rejecting the Bid or terminating the Contract. For the purposes of this section, examples of a substantial change in financial condition are events such as insolvency, bankruptcy, or receivership.

3.15 Liquidated Damages

3.15.1 General

It is agreed by TWC and the Successful Bidder that:

a. If the Successful Bidder does not provide or perform the requirements referred to or listed in this Solicitation or fulfill the obligations of the

Contract, damage to TWC will result;

b. establishing the precise measure of damages in the event of default by the Successful Bidder may be (i) costly, (ii) time consuming, or (iii) difficult or impossible to calculate;

c. the liquidated damage assessments contained herein represent a good faith effort to quantify the damages that could reasonably be anticipated at the time of execution of the Contract;

d. the damages set forth herein are just and reasonable;

e. nothing contained in this section shall be construed as relieving the

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Successful Bidder from performing all Contract requirements whether or not said requirements are set forth herein; and

f. TWC may, therefore, in its sole discretion, deduct damages from the compensation otherwise due to the Successful Bidder, an amount equivalent to two percent (2%) of the total cost of services. All assessments of damages shall be within the sole discretion of TWC.

3.15.2 Assessment of Liquidated Damages

a. Once TWC has determined that liquidated damages are to be assessed, the TWC shall notify the Successful Bidder of the assessment(s).

b. Upon receipt of written notice, the Successful Bidder will have ten (10) days to provide a written explanation of any justification that may be applicable to the liquidated damages being considered and a corrective action plan for bringing the operations within the standards specified.

c. TWC has the right to amend the corrective action plan submitted by the Successful Bidder.

d. In all cases, the corrective action plan must be approved by TWC in writing prior to implementation. The corrective action plan must be implemented by the Successful Bidder at no cost to and upon approval by the TWC Contract Manager.

e. Liquidated damages will not be assessed during the specified cure period in the corrective action plan for the activity in question.

f. If the breach is not cured or the Successful Bidder does not provide a written justification and/or approved corrective action plan, TWC will withhold liquidated damages from payments to the Successful Bidder, or, if no payments have been made, TWC will make demand of payment of liquidated damages.

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g. The Successful Bidder must make payment within thirty (30) days of

TWC’s demand.

h. In the event the Successful Bidder fails to pay within the thirty (30) day period, TWC may utilize the option to withhold any additional payments.

i. Failure to pay assessed liquidated damages within the designated time frame may be deemed by TWC to be a breach of Contract.

3.16 Severability

If any provision or portion of this Solicitation is illegal, void, or unenforceable, the other provisions will not be affected.

3.17 Franchise Tax-Right to Transact Business in Texas

If applicable, the Texas franchise tax is imposed on each taxable entity formed or organized in Texas or doing business in Texas.

Bidder must be set up in the Texas franchise tax system prior to Contract award if applicable. Texas franchise tax information can be accessed at https://comptroller.texas.gov/taxes/franchise/.

3.18 Subcontractor Requirements

Bidder must indicate whether or not it holds any financial interest in any

Subcontractor. As a condition of award, an authorized officer or agent of each proposed Subcontractor may be required to sign a statement to the effect that the Subcontractor has read, and will agree to abide by, Bidder’s obligations under any Contract awarded pursuant to this Solicitation.

The Successful Bidder must obtain prior written approval from TWC if any part of the Contract between TWC and the Successful Bidder is to be subcontracted, and the Subcontractor must comply with all applicable requirements of TWC. TWC reserves the sole right to require the Successful https://comptroller.texas.gov/taxes/franchise/

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Bidder to terminate any Subcontractor with or without cause.

In the event TWC approves of the use of any Subcontractor, the Successful

Bidder is not relieved of its responsibility and obligation to meet all the requirements of this Solicitation.

TWC will incur no additional obligations, and the obligations of the

Successful Bidder will not be reduced as a result of any such subcontracts.

The Successful Bidder’s obligation to pay Subcontractors is governed by

Texas Government Code § 2251.022 (Time for Payment by Vendor), and any amendments thereto.

2.9 Data Use Agreement

By entering into a Contract or purchase order with the Agency as a result of this Solicitation, Bidder agrees to be bound by the terms of the Data

Use Agreement (DUA) attached as Attachment 2 - Data Use Agreement.

The Bidder must complete and return Form 4 - Security and Privacy

Inquiry (SPI) Form upon notification of award and before a Contract can be executed.

A Successful Bidder awarded a Contract shall ensure that all

Confidential Information (as defined in the DUA), including such information residing on back-up systems, remains within the United States. Confidential

Information shall not be accessed by personnel located outside of the United

States. Furthermore, Confidential Information may not be received, stored, processed, or disposed via information technology systems located outside of the United States.

ARTICLE IV. BID PROCESS

4.1. General Information

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4.1.1 Sole Point of Contact

The Sole Point of Contact for this Solicitation is:

Kelly Hall, CTCD

Email: vendorproposals@twc.texas.gov

4.1.2 Prohibited Communication

Except as provided in Section 4.1.1 (Sole Point of Contact), a potential

Bidder and Bidder that has submitted a Bid is prohibited from any communication with TWC regarding the Solicitation. Unless allowable, TWC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Bidder or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Bidder shall rely only on written statements issued by or through TWC designated staff as provided by the

Sole Point of Contact in Section 4.1.1. Failure to comply with these restrictions may result in disqualification of Bidder's Bid. These restrictions do not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.2. Bid Composition

4.2.1 General Information

Bidder must fully and completely address all requirements described in this Solicitation. Incomplete or partial Bids will not be considered. The

Bidder must provide all information that the Bidder believes would be helpful to TWC in evaluating the Bidder’s ability to fulfill the Solicitation requirements. Bidder shall prepare a Bid that clearly and concisely represents its qualifications and capabilities.

4.2.2 Changes, Modifications, and Cancellations of Solicitation

TWC reserves the right to make changes to or cancel this Solicitation. TWC will post all changes and modifications, whether made as a result of a mailto:vendorproposals@twc.texas.gov

Page 26 of 30 Ver. 2 10/24 IFB No 3202500203 potential Bidder’s written inquiries or otherwise, and cancellation notices to the ESBD.

4.3. Bid Submission and Delivery

4.3.1 Deadline

Bids must be received by PHS as prescribed no later than date and time specified in Section 1.3 (Schedule of Events).

4.3.2 Submission Method

You must submit your bid electronically by email to

VendorProposals@TWC.TEXAS.GOV. Reference the Title and IFB No.

and the Submission Deadline date and time, in the subject line.

In no event will TWC be responsible or liable for any delay or error in delivery. TWC is not responsible for electronic submissions that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any TWC anti-virus or other security software.

Hard copies received will not be accepted or reviewed.

4.3.3 Ownership of Bids

All materials submitted by a Bidder will become the property of TWC and may be used as TWC deems appropriate. A Bid will not be returned to the Bidder.

4.3.4. Modifications and Withdrawals

Prior to the Bid submission deadline in Section 1.3 (Schedule of Events), Bidder may: (1) withdraw its Bid by submitting a written request to the Sole Point of Contact identified in Section 4.1.1 (Sole Point of Contact);

mailto:VendorProposals@TWC.TEXAS.GOV

Page 27 of 30 Ver. 2 10/24 IFB No 3202500203 or (2) modify its Bid by submitting a written amendment to the Sole Point of Contact identified in Section 4.1.1 (Sole Point of Contact). When amending its Bid, Bidder must include, in writing, the section(s) of its submission that will be replaced or removed by the amendment.

4.4. Additional Information

By submitting a Bid, the Bidder grants TWC the right to obtain any information from any lawful source, including the Comptroller’s VPTS, regarding the past history, practices, conduct, ability, and eligibility of the Bidder to supply goods and/or services and to fulfill requirements under this Solicitation, and the past history, practices, conduct, ability and eligibility of any director, officer, or key employee of the Bidder. By submitting a Bid, the Bidder releases from liability and waives all claims against any party providing information about the Bidder at the request of TWC.

TWC may contact references provided in response to this Solicitation. TWC may contact Bidder’s clients or solicit information from any available source, including the Comptroller’s VPTS.

Any information received may be grounds for disqualification if that information, in TWC’s sole discretion, suggests that the Respondent may perform poorly if selected.

4.5. Ambiguity, Conflict, or Discrepancy

Bidders must notify the Sole Point of Contact, Section 4.1.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the IFB.

If Bidder fails to properly and timely notify the Sole Point of Contact, Section 4.1.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the IFB, the Bidder, whether awarded a Contract or not:

a. Waives any claim of error or ambiguity in the Solicitation and any resulting

Contract;

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b. Submits a Bid at its own risk;

c. May not contest the interpretation by TWC of such provision(s); and

d. Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

ARTICLE V. BID EVALUATION

5.1 Screening of Responses

An administrative screening of timely received Responses will be conducted by TWC PCS to determine which Responses meet all IFB minimum requirements and are deemed responsive and qualified for further consideration. In accordance with Texas Government Code § 2262.055(d), TWC will consider Respondent performance as recorded in the CPA Texas

Vendor Performance Tracking System (VPTS), described in Texas

Administrative Code, 34 TAC § 20.115.

TWC reserves the right to ask questions or request clarification from any

Bidder at any time during the screening process.

5.2 Evaluation

TWC will consider the purchase price and whether the Bidder meets all requirements of this IFB.

ARTICLE VI. REQUIRED BID INFORMATION

6.1 Execution of Bid

Bidder must complete, sign, and return Form 1 – Execution of Bid. By signing, Bidder agrees to provide the goods and/or services described in this

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Solicitation and agrees to abide by all TWC Terms and Conditions as specified in this Solicitation and in any Contract resulting from an award.

6.2 Financial Soundness

The Bidder must complete Form 3 – Financial Questionnaire unless it is a governmental entity. Failure to include any of the items listed for the appropriate company type may result in disqualification of the Bidder’s Bid. If

TWC learns of a failure to disclose after a Contract has been awarded to the

Successful Bidder, the Contract may be terminated. In the event of such termination, the Successful Bidder shall be liable for all costs associated with the re-procurement, including any increased costs for the services originally awarded.

6.3 Cost Proposal

Cost information must be included as a separate document and presented only in the format set forth in Form 2 – Cost Proposal of this Solicitation.

Pricing agreed to in any resulting Contract shall be firm and remain constant through the life of the Contract.

6.4 HUB Subcontracting Plan

The TWC HUB Program has reviewed the requirements of this solicitation and determined that subcontracting opportunities are not probable under the contract. Therefore, Bidders are not required to submit a HUB Subcontracting

Plan with their Bid at the time of submission.

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LIST OF ATTACHMENTS AND FORMS

Attachment 1 TWC Terms & Conditions

Attachment 2 Data Use Agreement

Form 1 Execution of Bid

Form 2 Cost Proposal

Form 3 Financial Questionnaire

Form 4 Security and Privacy Inquiry (SPI) Form

List of Attachments and Forms