ESBD_466026_1761771154911_RFP 304-26-0013AM Training Svcs for ARB Members.pdf

RFP # 304-26-0013AM: New and Continuing Ed. Training Services for ARB Members Page 1 of 44

(Rev. 2/2024)

Texas Comptroller of Public Accounts

Kelly Hancock, Acting Comptroller

Request for Proposals

New and Continuing Education Training

Services for

Appraisal Review Board Members

RFP No. 304-26-0013AM

Issuance Date

October 29, 2025

Anticipated Schedule of Events

October 29, 2025 Issuance of RFP

November 6, 2025 Deadline for Submission of Questions (2:00 p.m., CT)

November 13, 2025 Release of Official Responses to Questions

(or as soon thereafter as practical)

November 20, 2025 Deadline for Submission of Proposals (2:00 p.m. CT)

Late Proposals will not be considered

January 1, 2026 Services Commencement Date

(or as soon thereafter as practical)

RFP # 304-26-0013AM: New and Continuing Ed. Training Services for ARB Members Page 2 of 44

Table of Contents

I. Summary II. Specifications

A. Introduction

B. Background

C. Definitions and Acronyms

D. Scope of Services

D.1 General

D.2 Scope of Work

D.3 Additional Requirements

D.4 Trainer Minimum Qualification Requirements

D.5 Additional Training Services

D.6 Class Cancellation Requirements

E. Contract Resulting from this Solicitation; Order of Priority

F. Warranty of Performance

G. Security Incident Notification

H. Insurance and Bonds

I. Criminal Background Investigation

J. Contract Term; Survival of Terms

K. Acceptance Criteria

L. Payments

M. Discounts

N. PO Addition and Deletion

O. HUB Subcontracting Plan Information

P. Respondent Documents

Q. Respondent Exceptions

R. Respondent’s Past Performance; Vendor Performance Tracking System III. Proposal Submission Requirements

A. Delivery of Proposal

B. Proposal Content and Format IV. Mandatory Price Sheet V. Standard Terms and Conditions VI. Execution of Proposal VII. Conflict of Interest/Disclosure Statement VIII. Nondisclosure Agreement IX. Confidential Treatment of Information Acknowledgment X. Certification Regarding Public Nature of the Proposal XI. Respondent Exceptions

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I. Summary

1. Type of Solicitation: Request for Proposals (RFP)

2. Issuing Office: Texas Comptroller of Public Accounts (CPA)

Procurement Section

Room 300, Attn: RFP No. 304-26-0013AM

111 E. 17th Street

Austin, Texas 78774

3. Additional Requirements/Qualifications: N/A

4. Responses to RFP: Sealed Competitive Proposals

5. Deadline for Proposals: In Issuing Office No Later Than:

November 20, 2025; 2:00 p.m., Central Time (CT)

6. Initial Contract Term: Award Date to August 31, 2026

7. CPA Optional Contract Terms: September 1, 2026 through August 31, 2027 and

September 1, 2027 through August 31, 2028

8. CPA Contact Person for this RFP: Alyssa Mangold, CTCD, CTCM

Email with delivery receipt requested to: bidcpa@cpa.texas.gov

9. Proposals Submitted by Email: Required; See Section III, Part A

10. Proposals Submitted by Fax: Not Accepted

11. Pre-Proposal Conference: N/A

12. Pre-Proposal Inspection: N/A

13. Letters of Intent to Submit a Proposal: N/A

14. RFP Addenda: Notices of changes to items directly impacting the original RFP or solicitation process will be posted on the Electronic State Business Daily

(ESBD) located at: https://www.txsmartbuy.gov/esbd. CPA will post any amendment to this solicitation on the ESBD as an RFP Addendum.

It is the responsibility of an interested party to check the ESBD for updates to this RFP before submitting a Proposal. Each Respondent is solely responsible for verifying CPA’s receipt of its questions, if applicable, and its Proposal by the deadlines specified in this RFP.

15. Questions and Answers: Questions regarding this RFP must be in writing and must be submitted to the CPA Contact Person specified in Part 8, no later than November

6, 2025; 2:00 p.m. CT. Telephone inquiries will not be accepted.

Questions may be submitted by email to the email address specified in

Part 8. CPA intends to post answers to the questions received on the

ESBD on November 13, 2025, or as soon thereafter as practical.

16. Respondent Presentations: Reserved.

mailto:bidcpa@cpa.texas.gov https://www.txsmartbuy.gov/esbd

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17. Evaluation of Proposals under Best Value Standard (Section 2156.125 of the Texas Government Code):

Criteria Weight

Respondent’s Past Performance, Qualifications & Experience 30%

Compliance with CPA Specifications 40%

Cost 30%

Total: 100%

As applicable, the factors listed in Sections 2155.074, 2155.075, 2156.007, and 2157.003 of the Texas Government Code shall also be considered in making an award. Best and Final Offers may be sought from Respondents whose Proposals are ranked most highly by the evaluation committee. However, CPA encourages Respondents to offer their best pricing at all times. CPA reserves the right in its sole judgment and discretion, and at any time upon failure of negotiations, to reissue or withdraw this RFP rather than continue with negotiations.

18. Email Submission Only. Due to changed building access restrictions, Respondents will not be permitted to hand deliver

Proposals to the Issuing Office. Respondents are required to submit Proposals electronically via email with delivery receipt requested in accordance with Section III, Part A.

19. Contact with CPA Staff: Upon issuance of this RFP, employees and representatives of CPA, other than the CPA Contact

Person identified in Part 8, will not discuss the contents of this RFP 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

Proposal. This restriction does not preclude discussions between the parties to conduct business unrelated to this procurement or to obtain assistance completing Historically Underutilized Business (HUB) forms required by this RFP.

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II. Specifications

A. Introduction

The Texas Comptroller of Public Accounts (CPA), an agency of the State of Texas, issues this Request for Proposals (RFP) to solicit Proposals from qualified vendors for Appraisal, Legal, and Appraisal Review Board (ARB) Statutory Duties in

New and Continuing Education Training Services for Appraisal Review Board Members, as described in this Section II and in this RFP (Services). CPA’s objective is to obtain the Services that represent the best value for CPA and the State of

Texas according to the terms and conditions of this RFP.

CPA anticipates making a Contract award to up to three (3) Successful Respondents for the Services. CPA reserves the right not to award a Contract for the performance of all or part of the Services. This RFP is not exclusive and

CPA reserves the right to issue additional solicitations regarding the Services or similar services at any time. All

Respondents are encouraged to offer their best pricing at all times.

All costs associated with the Services must be included in the Respondent’s Proposal. Proposals that do not meet all of the requirements or contain all of the required documentation specified in this RFP will be rejected as non-responsive.

B. Background

Section 5.041 of the Texas Tax Code requires the Comptroller of Public Accounts (“CPA” or “Comptroller”) to develop curriculum, provide training, and supervise a comprehensive course for training and education of Appraisal Review Board

(ARB) members. The Comptroller’s office provides for an 8-hour new ARB member training course and a four (4) hour continuing education (CE) course.

CPA’s publication “Appraisal Review Board Manual” serves as the course curriculum for the eight (8) hour training and

“Continuing Education Course for Appraisal Review Board Members” manual serves as the course curriculum for the four

(4) hour CE course. CPA’s manuals for these trainings are available on the Appraisal Review Board (ARB) Training

(https://comptroller.texas.gov/taxes/property-tax/arb/training.php) webpage under the “Resources” heading.

CPA has historically provided the trainings using a combination of Property Tax Assistance Division (PTAD) staff and contractors. The trainings have been provided via live sessions, telecast sessions, and online videos between February and

May of each calendar year. CPA seeks bids for contractor services for the FY2026 training sessions that may be delivered through live, telecast, online training and/or pre-recorded video sessions. CPA requests that bid responses include a unit charge for each type of delivery method.

CPA will provide the following as it relates to the training classes described in this RFP:

1. Instructor curriculum guides; hardcopies of handouts; any other CPA-approved course materials;

2. Logistics for training delivery;

3. Course evaluation forms, if used;

4. Registered student roster and sign-in sheet;

5. Training conference rooms, if needed;

6. Training completion certificates for ARB members;

7. Student registration;

8. Visual/audio equipment, unless other arrangements are made;

9. Technical aspects of the presentation; and

10. All virtual or video tools and facilities.

C. Definitions and Acronyms

• ARB. Appraisal Review Board.

• Award Date. The Award Date is the earlier of the date an authorized representative of CPA (1) issues a Purchase

Order (PO) or (2) signs a formal, written agreement.

• CE. Continuing Education.

• Contract. The agreement described in Section II, Part E (Contract Resulting from this Solicitation; Order of Priority), if any.

https://comptroller.texas.gov/taxes/property-tax/arb/training.php

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• CPA or Comptroller. Texas Comptroller of Public Accounts.

• CT. Central Time.

• FY. Fiscal Year – The State of Texas and CPA’s fiscal year that begins on September 1 and ends on August 31.

• Proposal. A response to this RFP.

• Respondent. Any person or entity that submits a Proposal.

• RFP. Request for Proposal.

• Successful Respondent. The Respondent awarded a Contract, if any.

D. Scope of Services

D.1 General

a. Successful Respondent shall present content pertaining to ARB duties and responsibilities, legal governance, and appraisal concepts in training sessions for new and returning ARB members in accordance with the requirements set forth in this RFP to assist CPA in satisfying the requirements of Section 5.041 of the Texas Tax Code.

b. Successful Respondent shall provide an eight (8) hour new ARB member training course and a four (4) hour continuing education (CE) course. The scope of work outlined in Section II, Part D.2 includes the four (4) hour CE course, the eight (8) hour new member training day and topics allocated for each training day based on their prescribed manual/publication. Successful Respondent must spend the specified time on each of the identified sections in accordance with the charts detailed in Exhibit 1.

c. The following are also posted to the ESBD under this RFP as separate exhibits, available at https://www.txsmartbuy.gov/esbd:

1. Exhibit 1 is titled, “Tables 1, 2, and 3 Curriculum Topics and Time”.

2. Exhibit 2 is titled, “Continuing Education Training Manual for Appraisal Review Board Members 96-1415”.

3. Exhibit 3 is titled “Appraisal Review Board Training Manual 96-308”.

D.2 Scope of Work

a. Continuing Education Training Requirements

1. Successful Respondent(s) shall present content pertaining to ARB duties and responsibilities, legal governance, and appraisal concepts in Continuing Education (CE) Training sessions for ARB members in accordance with the requirements set forth in the RFP to assist CPA in satisfying the legal requirement of developing curriculum, providing training, and assisting with CE Programs for ARB members as set forth in

Section 5.041(e-1) of the Texas Tax Code.

2. Successful Respondent(s) shall use CPA’s Publication 96-1415 “Continuing Education Course for

Appraisal Review Board Members” manual (Exhibit 2) as both the course curriculum and the handouts concerning presentations. The Continuing Education Course for Appraisal Review Board Members manual is available on the Appraisal Review Board (ARB) Training webpage

(https://comptroller.texas.gov/taxes/property-tax/arb/training.php) under the “Resources” heading.

Successful Respondent(s) will be provided with supplemental documentation to be used for training.

3. Successful Respondent(s) shall address required curriculum topics and spend the specified amount of time on each of the identified sections in accordance with the chart detailed in Exhibit 1 (Table 1: Continuing

Education Curriculum Topics and Time).

4. Successful Respondent(s) shall deliver a four (4) hour CE training session, including breaks, beginning at

8:30 a.m. and concluding at 2:00 p.m. (Central Time).

b. New ARB Member Training Requirements

1. Successful Respondent(s) shall present ARB Duties and Responsibilities, Legal Guidance, and Appraisal

Concepts for ARB members in accordance with the requirements set forth in the RFP to assist CPA in satisfying the legal requirement set forth in Section 5.041(a) of the Texas Tax Code of developing curriculum, provide training and assist with the New Member Program for ARB members.

2. Successful Respondent(s) shall use CPA’s Publication 96-308 “Appraisal Review Board Manual” (Exhibit

3) as both the course curriculum and for the handouts concerning presentations. The Appraisal Review Board

Manual is available on the Appraisal Review Board (ARB) Training webpage

(https://comptroller.texas.gov/taxes/property-tax/arb/training.php) under the “Resources” heading.

Successful Respondent(s) will be provided with supplemental documentation to be used for training.

https://www.txsmartbuy.gov/esbd https://comptroller.texas.gov/taxes/property-tax/arb/training.php https://comptroller.texas.gov/taxes/property-tax/arb/training.php

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3. Successful Respondent(s) shall address required curriculum topics and spend the specified number of hours on each of the identified sections in accordance with the charts detailed in Exhibit 1 (Table 2: Two-Hour

Appraisal Curriculum Topics and Time and Table 3: Six-Hour Non-Appraisal New Member ARB

Curriculum Topics and Time).

4. Successful Respondent(s) shall present on subjects specified by CPA at a planning meeting which will discuss the hours of lecture required for the Successful Respondent’s assigned portion. Day One, New Member

Training, is eight (8) hours, beginning at 8:00 a.m. and concluding at 5:00 p.m. (CT). Day Two, Continuing

Education Training, is four (4) hours, beginning at 8:30 a.m. and concluding at 12:30 pm. (CT).

D.3 Additional Requirements

a. Successful Respondent’s training must present the prescribed course without bias toward either party in the ARB hearing process and shall not show advocacy of participants in the ARB hearing process.

b. Successful Respondent’s presentation, duties, responsibility, conduct, and classroom management and behaviors are detailed below:

1. Presentations must be balanced and cover competing viewpoints when relevant. Two publications produced by the Comptroller cover the required contents of each training day. Publications 96-308 (Exhibit 3) and 96-

1415 (Exhibit 2) serve as the written materials for both ARB training sessions. Day One for new members covers eight chapters in Publication 96-308 and the Model Hearing Procedures. Day Two, or continuing education training, consists of two chapters from Publication 96-1415 and the Model Hearing Procedures.

Unless otherwise approved by Comptroller, respondents must present material as stated in Publications 96-

308 and 96-1415.

2. Successful Respondent shall conduct and instruct State of Texas specific course(s) according to industry standards and State of Texas statutes, rules and procedures, in accordance with CPA rules and policies and be knowledgeable of the instructional material. The ARB curriculum topics for each Successful Respondent are designated by the sections contained in each ARB training manual. CPA reserves the right to assign training manual sections for each Successful Respondent.

3. Successful Respondent must attend a CPA kickoff meeting with Property Tax Assistance Division staff, to discuss contract expectations and requirements. The kickoff meeting date will be coordinated after Contract is awarded. CPA will not reimburse Successful Respondent for time and travel associated with this CPA kickoff meeting in Austin, Texas.

4. Successful Respondent must arrive at class a minimum of thirty (30) minutes prior to start time to prepare to begin classes promptly. Successful Respondent must arrive at class a minimum of thirty (30) minutes prior to afternoon session start time. Successful Respondent must be available for thirty (30) minutes after class ends to answer questions.

5. Successful Respondent must wear professional work attire and must act professionally.

6. Successful Respondent must maintain standards of conduct in the classroom setting and notify CPA as soon as possible of any occurrence of classroom irregularities, disruptions, or major challenges.

7. Successful Respondent must provide breaks for attendees at appropriate times during the instruction.

8. Successful Respondent must respond to CPA emails or phone calls within forty-eight (48) hours of CPA’s initial contact attempt via phone or email.

9. Successful Respondent will provide a written statement of suggestions for improvement of training delivery to include any misleading information that may require revision, deletion or additions to course materials based on class discussion, observation, and overall individual experience, and suggestions for possible improvements to CPA’s training program.

10. Successful Respondent shall make his or her own travel arrangements, accommodations, and transportation to and from each live or telecast training site. CPA will not reimburse travel costs.

11. Successful Respondent shall present all live, telecast, webinar or prerecorded video sessions for ARB duties and responsibilities. legal concepts and appraisal concepts training sessions at the Comptroller’s designated location(s), potentially including locations in Austin, San Antonio, Houston or Conroe, El Paso, Pittsburg, Richardson, Ft. Worth, Brenham, Amarillo, Lubbock and Waco. Dates and locations of the live training

RFP # 304-26-0013AM: New and Continuing Ed. Training Services for ARB Members Page 8 of 44 sessions will be provided to Successful Respondent when established. Telecast presentations will be broadcast from Austin, group locations or individual locations around the state.

D.4 Trainer Minimum Qualification Requirements.

Successful Respondent shall meet, at a minimum, the following qualifications:

a. Appraiser: An appraiser must have a license with the Texas Appraiser Licensing and Certification Board

(TALCB), a Member of Appraisal Institute (MAI) designation, an Assessment Administration Specialist

(AAS), Certified Assessment Evaluator (CAE) or Residential Evaluation Specialist (RES) professional designation.

Appraisers licensed through the Texas Department of Licensing and Regulation and working for an appraisal district are not allowed to provide this training under Tax Code Section 5.041(c).

b. Attorney: An individual must be a licensed attorney in Texas with Texas property tax law background and experience. An attorney who represents or whose law firm represents the appraisal district or a taxing unit that participates in the appraisal district for which the ARB is established may not communicate with ARB members concerning this training under Tax Code Section 6.041(g)(5).

c. Taxpayer Representative: The individual must reside in this state and be licensed with at least five (5) years of experience practicing law, including property tax law. The individual must not have been employed to represent an appraisal district, appraisal review board, a taxing unit or have served in any capacity as an officer or employee of an appraisal district. The taxpayer representative may not have previously served on an ARB.

Taxpayer representative alternative: The comptroller may contract with an individual who does not meet the taxpayer representative eligibility requirements above if no one applies to be the taxpayer representative.

The individual must reside in the state, have a bachelor’s degree and experience in the property tax system, and have never served as an officer or employee of an appraisal district, a member of the board of directors, a taxing unit or an ARB.

D.5 Additional Training Services.

CPA reserves the right to add one or more training sessions at any time to take place in Austin, another location, or virtually. Cost of the added session(s) must not exceed the quoted cost of other sessions as outlined in Section IV, Mandatory Price Sheet.

D.6 Class Cancellation Requirements.

a. Either CPA or Successful Respondent may cancel a scheduled presentation, without penalty, upon written notice to the other party at least ten (10) business days prior to the scheduled training date. In lieu of cancellation, Successful Respondent may provide a qualified substitute to teach their portion of scheduled training.

b. In the event a scheduled class is cancelled by CPA with less than ten (10) business days’ notice, the

Successful Respondent will be paid for one (1) day at Successful Respondent’s flat rate fee, as outlined in

Section IV, Mandatory Price Sheet, Table 2.

c. In the event a scheduled class is cancelled by Successful Respondent with less than ten (10) business days’ notice, CPA shall not be responsible for any payment(s).

D.7 CPA Data Safeguard Standards.

a. Defined Terms. The term “CPA Data” refers to CPA’s information as well as other entity information in the possession of CPA that is processed, stored, or transmitted by a computer. CPA Data includes all data that is generated by

Successful Respondent in performance of a contract with CPA. The term “CPA Information System” refers to those devices, software, networks and related infrastructure that CPA owns, operates or has obtained for use to conduct CPA business. Devices include, but are not limited to, CPA-owned or managed storage, processing, and communications devices, as well as personally owned devices.

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b. Access to CPA Data. Successful Respondent represents and warrants that it will implement, maintain, and use appropriate administrative, technical, and physical safeguards to preserve the confidentiality, integrity, and availability of CPA Data. Successful Respondent will not collect, access, use, disclose, or retain CPA Data other than as necessary to perform the services specified in a contract resulting from this solicitation or as otherwise authorized in writing by

CPA. Successful Respondent will restrict access to CPA Data to only those personnel who must have the information on a “need to know” basis. Successful Respondent will not use CPA Data, or any information derived from CPA Data, for its own benefit or the benefit of any other person or entity. Successful Respondent will not share CPA Data with its parent company or other affiliate without CPA’s express written consent.

c. Reserved.

d. Reserved.

e. Reserved.

f. Location of CPA Data. Successful Respondent shall ensure that CPA Data (i.e., primary and backup) remains, at all times, within the continental United States. Successful Respondent shall receive, process, transmit, and store all CPA

Data within the continental United States. Successful Respondent’s point of access to CPA Data shall be within the continental United States.

g. Reserved.

h. Reserved.

i. Auditable Information Security Framework. Successful Respondent shall secure its own and its third-party service providers’ systems (e.g., IT service provider, Cloud Service Provider) in a manner consistent with an auditable information security framework e.g., National Institute of Standards and Technology (NIST), International

Organization for Standardization (ISO) 27001.

j. Reserved.

k. Supply Chain Risk Management. Successful Respondent shall provide CPA’s Contract Manager a description of how it manages supply chain risks. Specifically, Successful Respondent shall describe its established agreements and procedures with entities involved in the supply chain for the notification of supply chain risks, compromises, and the result of assessments or audits. During the term of the contract, Successful Respondent shall provide CPA’s Contract

Manager prompt, written notice of supply chain risks that impact the delivery of the products and services of the

Contract. Examples of supply chain risks include supplier financial failure, production control/product quality, market supply and demand, labor disputes/shortages, cybersecurity threats, natural disasters. Successful Respondent shall notify CPA of a supply chain compromise and potential compromise in accordance with Section G Security Incident

Notification.

l. Reserved.

m. Reserved.

n. Third-Party Service Providers. It is Successful Respondent’s sole responsibility to ensure that its access and the access

Successful Respondent grants to its service providers to CPA Data or CPA Information Systems does not result in unauthorized access to CPA Data or CPA Information Systems.

o. Reserved.

p. Reserved.

q. Reserved.

r. State Authorization and Risk Management Program (TX-RAMP). Successful Respondent shall obtain TX-RAMP certification in accordance with the Department of Information Resources (DIR) Program Manual. CPA requires the following TX-RAMP certification based-on Agency criteria:

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdir.texas.gov%2Fresource-library-item%2Ftexas-risk-and-authorization-management-program-manual-30&data=05%7C02%7CJason.Frizzell%40cpa.texas.gov%7C9b22e092447c41d9816108dd30f4dbc3%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C638720550387877709%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=dFBcq3mGLKSAe5BKAYCH%2FFcMW6eaImJiVx85PviOPho%3D&reserved=0

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1. _X_ None. Product is out of scope/low impact in accordance with the DIR TX-RAMP Manual.

2. __ Level 1 Certification. The product will administer Agency public data.

3. __ Level 2 Certification. The product will administer Agency sensitive, confidential, and/or regulated data.

Upon Contract award, Successful Respondent shall maintain compliance with the immediately preceding TX-RAMP program requirements and certification throughout the term of the contract. Successful Respondent shall notify the

CPA Contract Manager immediately if such TX-RAMP certification is revoked or otherwise removed.

If Successful Respondent uses a cloud service provider to host (i.e., Infrastructure as a Service or IaaS) or build (i.e., Platform-as-a-Service or PaaS) a custom-developed CPA system or application, Successful Respondent shall ensure its cloud service provider obtains TX-RAMP certification in accordance with the Department of Information

Resources (DIR) Program Manual. If applicable, CPA requires the following TX-RAMP certification based-on

Agency criteria:

4. _X_ None. Product is out of scope/low impact in accordance with the DIR TX-RAMP Manual.

5. __ Level 1 Certification. The product will administer Agency public data.

6. __ Level 2 Certification. The product will administer Agency sensitive, confidential, and/or regulated data.

Upon Contract award, Successful Respondent shall ensure its cloud service provider used to host or build a custom-developed CPA system or application maintains compliance with the immediately preceding TX-RAMP program requirements and certification throughout the term of the contract. Successful Respondent shall notify the CPA

Contract Manager immediately if such TX-RAMP certification is revoked or otherwise removed.

s. Reserved.

t. Reserved.

u. Reserved.

D.8 Liquidated Damages. In submitting a Proposal, Respondent agrees that the measure of damages in the event of a default or breach by Successful Respondent may be difficult or impossible to calculate. In the event Successful Respondent fails to perform Services or complete the obligations under the Contract in a timely manner, CPA may require Successful

Respondent to pay, as liquidated damages and not as a penalty, an amount equivalent to two percent (2%) of the total cost for Services or obligations not completed as required by the Contract per calendar day of delay. CPA may impose, but is not obligated to impose, these liquidated damages in lieu of any monetary damages available to CPA under the Contract or applicable law.

D.9 Optional Features, Products or Services. If Respondent believes there are additional features, products or services that would benefit CPA under this RFP, Respondent may describe such features, products or services and include pricing for such features, products or services in Section IV, Mandatory Price Sheet. Optional features, products or services are not scored as part of the evaluation process.

E. Contract Resulting from this Solicitation; Order of Priority

Respondent’s Proposal is a legal offer to contract based upon the terms, conditions, and specifications set forth in this RFP.

“Contract” means (1) a valid PO issued by CPA or (2) a formal, written agreement between CPA and Successful

Respondent, if any. The Contract is effective as of the Award Date and will be between CPA and the Successful

Respondent. Successful Respondent shall be solely responsible to CPA for all performance by Successful Respondent’s employees, representatives, agents, subcontractors, suppliers, third-party service providers, and similar entities (“Persons” for purposes of this sentence) and for ensuring that all such Persons comply with applicable provisions of this RFP and the

Contract. The entire Contract between CPA and Successful Respondent shall consist of the following documents, which shall control in the following order of priority, except as otherwise provided in the formal, signed agreement between the parties or CPA’s PO: (1) the PO and PO Change Notices (POCN), if any; (2) the formal, signed agreement, if any; (3) this

RFP; and (4) Successful Respondent’s Proposal (collectively, these documents constitute the “Contract”).

F. Warranty of Performance

Successful Respondent represents and warrants that its performance under the Contract shall be conducted conscientiously in a professional and workmanlike manner to the full extent of Successful Respondent’s talents and capabilities with due diligence and in full compliance with the highest professional standards of practice in the industry applicable to the

Services.

G. Security Incident Notification https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdir.texas.gov%2Fresource-library-item%2Ftexas-risk-and-authorization-management-program-manual-30&data=05%7C02%7CJason.Frizzell%40cpa.texas.gov%7C9b22e092447c41d9816108dd30f4dbc3%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C638720550387877709%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=dFBcq3mGLKSAe5BKAYCH%2FFcMW6eaImJiVx85PviOPho%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdir.texas.gov%2Fresource-library-item%2Ftexas-risk-and-authorization-management-program-manual-30&data=05%7C02%7CJason.Frizzell%40cpa.texas.gov%7C9b22e092447c41d9816108dd30f4dbc3%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C638720550387877709%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=dFBcq3mGLKSAe5BKAYCH%2FFcMW6eaImJiVx85PviOPho%3D&reserved=0

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Successful Respondent shall have policies and procedures for the effective management of Security Incidents, which shall be made available to CPA upon written request. Within twenty-four (24) hours of Successful Respondent’s discovery or reasonable belief that there has been an event which results in the accidental or deliberate unauthorized access, loss, disclosure, modification, disruption, or destruction of confidential CPA information (“Security Incident”), Successful

Respondent shall provide notice to CPA by calling (800) 531-5441 EXT 34357. Until the investigation is complete, Successful Respondent shall submit, on a daily basis or as otherwise agreed by CPA, a written report via encrypted email to security.alerts@cpa.texas.gov that includes, at a minimum, the following:

• Date and time incident occurred,

• Date and time incident detected,

• Date and time incident contained,

• Address where incident occurred,

• Name of person(s) that discovered incident,

• Description of how Successful Respondent discovered incident,

• Type of CPA information involved,

• Description of the nature of the incident,

• Description of the steps Successful Respondent has taken or will take to investigate incident,

• Description of the steps Successful Respondent has taken or will take to mitigate any negative impacts of incident,

• Information technology involved (e.g., laptop, server, mainframe),

• Description of steps taken to preserve computer evidence and maintain chain of custody, and

• Description of corrective action Successful Respondent has taken or will take to prevent future incidents.

Successful Respondent shall coordinate all media or other breach notifications with CPA in advance of such notification(s), unless expressly prohibited by law. Subject to review and approval of CPA, Successful Respondent shall provide notice at its own cost that satisfies the requirements of applicable law to individuals whose information was compromised or likely compromised as a result of the Security Incident. If CPA, in its sole discretion, elects to send its own separate notice, then all costs associated with preparing and providing the notice shall be reimbursed to CPA by Successful Respondent. If

Successful Respondent does not reimburse such costs within thirty (30) days of CPA’s written request, then CPA shall have the right to collect such costs. CPA reserves the right to conduct an independent investigation of any Security Incident, and should CPA choose to do so, Successful Respondent shall cooperate fully with CPA and assume responsibility at its own expense for making personnel, resources, and systems access available to CPA and CPA’s authorized representative(s).

H. Insurance and Bonds

Successful Respondent represents and warrants that it shall obtain and maintain the following coverages throughout the term of the Contract and that all coverages shall be with companies licensed in Texas with an “A” rating from A.M. Best

Co. authorized to provide the required coverages:

• Blanket Employee Dishonesty Bond or Employee Dishonesty Coverage under a liability insurance policy with a minimum $25,000 for each individual who will provide Services. A rider or endorsement shall name the Texas

Comptroller of Public Accounts as loss payee or additional named insured under the respective bond or policy.

• Standard Workers Compensation Insurance covering all individuals who will provide Services.

• Commercial General Liability Insurance: $1,000,000 minimum each occurrence limit; $2,000,000 minimum aggregate limit.

• Professional Liability Insurance: $1,000,000 minimum each occurrence limit; $2,000,000 minimum aggregate limit.

All of the above policies and bonds shall contain endorsements prohibiting cancellation except upon thirty (30) calendar days’ prior written notice to CPA. Successful Respondent shall furnish proof to CPA of such coverage in the form of a

Certificate of Insurance from Successful Respondent’s insurance carrier(s) indicating the required coverages. The certificate shall be addressed to CPA as the certificate holder. Successful Respondent shall submit proof of required insurance coverage withing five (5) days after the Effective Date, and annually thereafter, via email, referencing the PO number, to the following address: contract.administration@cpa.texas.gov.

I. Criminal Background Investigation mailto:security.alerts@cpa.texas.gov mailto:contract.administration@cpa.texas.gov

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1. Criminal Background Investigation by Successful Respondent. Prior to an Assigned Personnel commencing Services under the Contract, Successful Respondent shall conduct a criminal background investigation and provide written notice via email to CPA’s Criminal Investigation Division of any Assigned Personnel that have any felony criminal conviction(s). If any information for the Assigned Personnel changes during the Contract Term, Successful

Respondent shall provide written notice via email to CPA’s Criminal Investigation Division no later than three (3) business days after Successful Respondent’s discovery of such changed information that relates to felony criminal conviction(s). Written notice to CPA’s Criminal Investigation Division shall be submitted to cid.analysts@cpa.texas.gov.

Successful Respondent’s exercise of due diligence in conducting the criminal background investigation shall include, at a minimum, the following: (1) compliance with Successful Respondent’s published policies and procedures for background and criminal conviction checks and (2) a comprehensive search of the public information portion of Texas

Department of Public Safety criminal conviction database located at:

https://publicsite.dps.texas.gov/ConvictionNameSearch/. If Successful Respondent asserts that a search of the Texas

Department of Public Safety criminal conviction database is not appropriate for a particular Assigned Personnel, Successful Respondent must provide written notice via email to CPA’s Criminal Investigation Division that explains the proposed alternate approach for conducting the criminal background investigation.

For purposes of this clause, “Assigned Personnel” includes, without limitation, all individuals provided by Successful

Respondent under the contract resulting from this RFP who will or may (1) be assigned as lead or key personnel; (2) provide Services on-site at CPA’s premises; or (3) access CPA information resources, i.e., the procedures, equipment, and software that are employed, designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and associated personnel including consultants and contractors. At CPA’s written request, Successful Respondent shall replace Assigned Personnel that has any felony criminal conviction(s).

Within five (5) business days of receipt of a written request by CPA’s Criminal Investigation Division during the

Contract Term, Successful Respondent shall provide written notice to CPA’s Criminal Investigation Division of any

Assigned Personnel that have any felony criminal conviction(s).

2. Criminal Background Investigation by CPA. At CPA’s discretion, CPA may conduct a criminal background investigation on Successful Respondent’s Assigned Personnel. Should any Assigned Personnel not be acceptable to CPA due to a finding of felony criminal conviction(s) as a result of the criminal background investigation, Successful Respondent shall replace such Assigned Personnel upon CPA’s written request or CPA may terminate the Contract.

3. Remedies. If CPA becomes aware that Successful Respondent provided false information, Successful Respondent fails to promptly notify CPA of changed information that related to felony criminal convictions, or Successful Respondents fails to replace Assigned Personnel as required by this Section, Successful Respondent shall be in breach of contract and CPA shall have the option to terminate the Contract without further obligation to Successful Respondent as well as pursue all other remedies and rights available to CPA under contract, at law, or in equity.

J. Contract Term; Survival of Terms

The initial term of the Contract shall be from Award Date through August 31, 2026 (“Initial Term”). CPA may, in its sole discretion, exercise the option to extend the Contract for up to two (2) additional one (1) year periods. The optional additional periods are September 1, 2026 through August 31, 2027; and September 1, 2027 through August 31, 2028.

“Contract Term” means the Initial Term and any optional additional periods exercised. To exercise an option to extend the term, CPA will notify Successful Respondent; such notice may be by PO issuance. Termination of the Contract for any reason shall not release Successful Respondent from liability or obligation set forth in the Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination, e.g., indemnification, confidentiality, dispute resolution, records retention, CPA data safeguard standards, and right to audit.

K. Acceptance Criteria

Prior to payment, CPA will evaluate the provided products and/or Services using the following criteria and any additional acceptance criteria agreed to by the parties prior to the Award Date and included in the Contract:

1. The products and/or services must meet all specifications and standards of performance in the Contract; and

2. The products and/or services must comply with all published specifications.

L. Payments

Payment(s) to Successful Respondent will be based upon the schedule described in Section IV (Mandatory Price Sheet) and the Contract. CPA may, in its sole discretion, process payments on a monthly basis. CPA makes no express or implied warranty whatsoever that any minimum compensation or minimum quantity will be guaranteed under the Contract.

mailto:cid.analysts@cpa.texas.gov https://publicsite.dps.texas.gov/ConvictionNameSearch/

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Payment shall be made in accordance with the Texas Prompt Payment Act, Chapter 2251 of the Texas Government Code

(“Chapter 2251”) and Chapter 2251 shall govern remedies for late payment. Payments will be made to Successful

Respondent as provided in Section V, Provision for Direct Deposit or Warrant.

M. Discounts

If Successful Respondent provides a discount on the final Contract costs at any time during the term of the Contract, Successful Respondent will notify CPA in writing ten (10) calendar days before the effective date of the discount. CPA will generate a POCN and send it to Successful Respondent. If an early payment discount is available to CPA, then

Respondent’s Proposal must describe the early payment discount offered and the discount percentage that would apply to

CPA’s early payment within ten (10), fifteen (15), twenty (20) or twenty-five (25) calendar days after receipt of a correct invoice. Successful Respondent shall also specify any applicable, early payment discount option(s) on each submitted invoice.

N. PO Addition and Deletion

CPA reserves the right, in its sole discretion, to add or delete products or Services during the Contract Term. All additions or deletions will be processed through CPA’s Procurement Section. The rate at the time of the addition or deletion shall be the same as the rate quoted in the Contract for the same model product or Service. The effective date of any addition or deletion will be no later than five (5) business days after receipt of CPA’s written notification of the addition or deletion.

For this purpose, written notification includes registered mail, regular mail, or email with confirmation receipt.

For any additions, CPA’s Procurement Section will provide a POCN to Successful Respondent. The total number of additions allowed to CPA is determined by the number CPA chooses to purchase. For any deletions, CPA’s Procurement

Section will provide a POCN to Successful Respondent with the effective date of the deletion, the amount of the reduction or refund (if any), and the equipment serial number or other specific equipment information to identify equipment, if applicable.

O. HUB Subcontracting Plan Information

In accordance with Section 2161.252 of the Texas Government Code and 34 Texas Administrative Code §20.285, each state agency that considers entering into a contract with an expected value of $100,000 or more over the life of the contract

(including any renewals) shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. If subcontracting opportunities are probable, each state agency’s invitation for bids, requests for proposals, or other purchase solicitation documents with an expected value of $100,000 or more shall state that probability and require a Historically Underutilized Business (HUB)

Subcontracting Plan (HSP).

CPA has determined that subcontracting opportunities are probable and requires Respondents to complete the State of

Texas HUB Subcontracting Plan (HSP) form located at https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.

The HSP form is also posted to the ESBD as separate Bid Package #2 under this RFP, available at:

https://www.txsmartbuy.gov/esbd. For assistance in completing the HSP, Respondent may visit the following website:

https://comptroller.texas.gov/purchasing/vendor/hub/. Respondents may send an HSP review request to the Contact person provided in Section I, Part 8. CPA will provide a courtesy HSP review if the request is received no later than the date questions are due, as specified in Section I, Part 15.

For purposes of the HSP, CPA has determined that this procurement falls under the following category:

Special Trade Construction ____ Professional Services ____ Other Services __X__ Commodities ____

CPA has identified the possible subcontracting opportunities on the “Agency Special Instructions/Additional

Requirements” portion of the State of Texas HUB HSP form set forth below:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://www.txsmartbuy.gov/esbd https://comptroller.texas.gov/purchasing/vendor/hub/

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- - Agency Special Instructions/Additional Requirements - -

The Texas Comptroller of Public Accounts is committed to increasing contracting opportunities with HUBs by contracting directly with HUBs or indirectly through subcontracting opportunities in compliance with Chapter

2161 of the Texas Government Code, and by requesting a HSP for contracts with an expected value of $25,000 to $99,999.

If a bid/proposal/offer to a solicitation with an expected value of $100,000 or more does not contain a completed

HSP and supporting documentation, the bid/proposal/offer will be considered non-responsive and will be disqualified. After Contract award, Successful Respondent may be subject to debarment pursuant to Section

2161.253(d) of the Texas Government Code if any modifications are made to the HSP without PRIOR approval from CPA.

If Respondent is not subcontracting any portion of the Contract, Sections 1, 2(a), 3 and 4 must be completed.

If Respondent is subcontracting some portion of the contract, the supporting documentation of “Good Faith

Effort” must be demonstrated in either Method A (Attachment A) or Method B (Attachment B).

The Texas Comptroller of Public Accounts requests all Respondents to consider utilizing HUBs in subcontracting areas listed below; however, this list should not be considered exhaustive.

Class Item Description

924 16 Course Development Services, Instructional and Training

924 25 For Credit Classes, Seminars, Workshops, etc.

924 41 Instructor-led, Classroom Training, Non-Technical

In accordance with 34 TAC §20.285(d)(1)(D)(iii), a Respondent (prime contractor) may demonstrate a good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of

Respondent’s subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a Respondent uses this method to demonstrate a good faith effort, the Respondent must identify the HUBs with which it will subcontract. If using existing contracts with

Texas certified HUBs to satisfy this requirement, only contracts that have been in place for five years or less shall qualify toward meeting the HUB goal.

P. Respondent Documents

All Respondent documents that are related to the Services, this RFP, Respondent’s Proposal, or a resulting Contract including, but not limited to, boilerplate service agreements, service schedules, published specifications, warranty information, terms of service, ordering documents, license agreements and maintenance agreements, are collectively referred to in this RFP as “Respondent Documents.” Respondent must include copies of all proposed Respondent

Documents with Respondent’s Proposal. Upon written request, Respondent shall promptly provide to CPA a Word version of specific Respondent Documents. CPA reserves the right, in its sole discretion, to amend the Respondent Documents to conform to this RFP and Texas law and provide them to Respondent for approval and signature prior to contract award.

Respondent Documents that are (1) submitted as part of the Proposal and (2) amended to conform to this RFP and Texas law through mutual, written agreement of Successful Respondent and CPA will be incorporated as part of the Contract.

Q. Respondent Exceptions

If Respondent takes any exception to any provisions of this RFP, the exceptions must be specifically and clearly identified by section number in Respondent’s Proposal as required by Section XI (Respondent Exceptions). Respondent’s proposed alternative must also be provided in a chart similar to the one provided in Section XI.