DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-25R0019120

TYPE OF SOLICITATION

NEGOTIATED - REQUEST FOR OFFER

(RFO)

DATE ISSUED

11/03/2025 Failure to Appear (FTA)

Vendor must submit electronic responses no later than 5:00 P.M. Central Time on 11/17/2025 to the following address or via the DPS Online Bid Room.

DPS_Solicit_Response@dps.texas.gov Attention: 405-25R0019120

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

FOR INFORMATION CONTACT:

Daniel Ashby, Purchaser, CTCM, CTCD

Contract Administrator

PHONE: (512) 424-2086

EMAIL: Daniel.Ashby@dps.texas.gov

SOLICITATION RESPONSE (Respondent must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

NAME AND ADDRESS

OF RESPONDENT:

RESPONSE DATE

EMAIL AND TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE*

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, AND REMEDIES

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

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

TERM, PRICING, AND FUNDING

The initial contract term commences on the effective date stated in the signing document, or purchase order and expires 5 years from that effective date.

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

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

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TABLE OF CONTENTS

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.4 mandatory PRICING ACKNOWLEDGEMENT

SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

C.2 SCOPE

C.2.1 FTA PROCESS

C.2.2 FTA DATA HANDLING PROCESS

C.2.3 REQUIREMENTS

C.3 PROJECT SCHEDULE AND PLAN

C.4 TRANSITION

C.5 DPS PERSONNEL

C.6 LIQUIDATED DAMAGES

C.7 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.8 INSURANCE REQUIRED UNDER THE CONTRACT

C.9 CRIMINAL HISTORY BACKGROUND CHECK

C.10 GENERAL CONFIDENTIALITY REQUIREMENTS

C.11 PERSONAL INFORMATION

C.12 PROJECT MANAGEMENT REQUIREMENTS

C.13 INFORMATION TECHNOLOGY STANDARDS AND REQUIREMENTS

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

D.1 RESPONSE PREPARATION INSTRUCTIONS

D.2 SOLICITATION ADDENDA

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

D.4 RESPONSE ACCEPTANCE PERIOD

D.5 CONTRACT AWARD

D.6 DPS’s RIGHTS

D.7 RESPONSE SUBMISSION INSTRUCTIONS

D.8 PRESENTATIONS

D.9 DISCUSSION AND CORRESPONDENCE

D.10 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

D.11 AGENCY POSTING OF CONTRACTS

D.12 ANTICIPATED SCHEDULE OF EVENTS

SECTION E—EVALUATION CRITERIA

SECTION F—LIST OF EXHIBITS

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SECTION A—DEFINITIONS

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

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

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

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

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

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

“Days” means calendar days unless otherwise specified.

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

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

“Parties” means Contractor and DPS.

“Political Subdivisions” are smaller governmental units within a larger jurisdiction, such as counties, cities, towns or special districts, established to manage local affairs like public services, infrastructure, and law enforcement under the authority of a higher government.

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

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

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

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

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

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

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

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

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

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

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

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

B.2 INVOICE REQUIREMENTS

A. Invoices are Contractor’s billing for commodities or services rendered. DPS will pay

Contractor based on itemized invoices submitted to and approved by DPS. The invoices must be itemized and clearly identify the actual commodities and services provided.

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

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

B.3 PAYMENTS

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

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

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

B.4 MANDATORY PRICING ACKNOWLEDGEMENT

Respondent must verify that it will receive $6.00 from the Political Subdivisions for every warrant entry removed from the system and no money from DPS or the State..

mailto:apinvoices@dps.texas.gov

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Entity Fee

Political Subdivision $4.00 Contractor $6.00 Total $10.00

NOTE: The total price is established by Texas Transportation Code, Chapter 706, Sections 706.006, 706.007 and 706.008. Pricing is subject to change by the legislature or the Department.

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SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

DPS’s Driver License Division (DLD) seeks a Contractor-hosted Failure To Appear System (FTA System) and all related services. Political Subdivisions will use the FTA System and data stored in the FTA System (FTA Data) as a collection and enforcement tool. The FTA System will provide Political Subdivisions with the ability to restrict a Violator’s ability to renew their driver license until the Violator has taken care of their outstanding violations. Identification cards and out of state driver licenses are not eligible for this program.

Contractor’s sole compensation under the Contract is based on fees authorized under Tex. Transp.

Code Chapter 706. This is a non-DPS funded contract. Under Tex. Transp. Code, § 706.007, an officer collecting a fee under Tex. Transp. Code § 706.006 will remit the money to the municipal or county treasurer, as applicable. DPS will make no payments to Contractor at any time during Contractor’s performance of the Contract.

The current fee payable is $10.00. The $10.00 fee is split between the Political Subdivision and Contractor in accordance with the FTA Interlocal Cooperation Contract between DPS and Political Subdivisions.

C.2 SCOPE

The FTA System and related services consists of all development, testing, implementation, hardware, software, applications, future enhancements, configurations or customizations, maintenance and support, mailing and postage costs, labor, and training, and any other equipment or service needed to meet the requirements of the Contract. FTA System related services include activities such as Call Center operations, mail operations, training of the FTA System to the Political Subdivisions, and payment disbursements. The FTA System must be ready for use by DPS and the Political Subdivisions no later than March 1, 2027.

C.2.1 FTA PROCESS

A. Contractor must provide a source database and assemble FTA Data into a format as prescribed by DPS for entry into the Driver License System (DLS).

B. Political Subdivisions send all FTA Data or entries directly to Contractor by secure, electronic means for storage and dissemination. Contractor will assemble the information into a format as prescribed by DPS to be delivered and downloaded into the DLS.

C. DPS will perform an edit against driver records (e. g. last name, date of birth, and driver license number) of all FTA Data provided by Contractor. DPS will return all erroneous data to Contractor for verification and Contractor must correct it with the Political

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Subdivision within 2 Business Days.

D. Contractor must mail initial notification letters to Violators concerning the Violators’ driver license status, compliance information and consequences of noncompliance. The letter must be mailed no later than 2 Business Days after receipt of FTA Data from the Political Subdivision. The letter content must be approved by DPS and printed on DPS letterhead. The letter must contain language prescribed by DPS. Contractor will assume all cost of materials and postage for delivery of the letter and mail forwarding.

E. DPS adds the FTA Data into DLS. FTA Data contained in the DLS will be used to determine whether administrative denial is appropriate in the renewal process. DPS generates letters to Violators according to the process below:

1. Letter 1: DPS notifies Violators by letter, in lieu of a driver license renewal notice, and informs the Violator: (1) the renewal of their license is denied; (2) provides Violator with Contractor’s 1-800 or local number for compliance information; (3) provides Contractor’s web address for compliance information, and (4) informs Violator of the driving while license invalid (DWLI) consequences after the expiration of their driver license.

2. If the Violator renews the license after receiving notice of denial, the License and

Permit Specialist may still issue the driver license and refer the Violator to Contractor’s 1-800 number and website.

3. Letter 2: The Day after a renewal or the expiration of the license, DLS generates a letter to Violator that will: (1) inform Violator that the driver license will not be renewed because of outstanding FTA and provides 60 Days to comply to prevent further action; (2) provide Violator with the Contractor’s 1-800 number and website for compliance information; and (3) inform Violator that after compliance, the driver license will be mailed upon contact with DPS.

4. Letter 3: If a Violator does not comply within 60 Days, the DLS generates a final notification that denies renewal of the driver license and the record is automatically updated to reflect, “Denied-FTA”. The Violator will be subject to Driving While License Invalid (DWLI) statutes if operating a vehicle.

F. Within two Business Days after the final disposition on an outstanding FTA, the Political

Subdivision is required to notify Contractor of compliance.

G. Contractor is required to transmit compliance information to the DLS via electronic transmittal within 1 Business Day of receipt from the Political Subdivision.

H. Contractor will then assemble the FTA System entries in the format as prescribed by DPS to be delivered and downloaded into the DLS.

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I. Contractor will compile the FTA data for each Violator entered and deleted into the FTA System each Day for transfer to DLS in a format prescribed by DPS. The data layout and file transfer process will be provided to the awarded Contractor during requirements gathering.

J. Political Subdivisions notify Contractor immediately and Contractor must notify DPS that there is no cause to continue to deny renewal of a person’s driver license based on the person’s previous failure to appear or satisfy a judgment ordering the payment of a fine and cost for a matter involving any offense that a court has jurisdiction of under Chapter four, Code of Crim. Proc. as a result of the following as specified by Tex.

Transp. Code § 706.005:

1. The perfection of an appeal of the case for which the warrant of arrest was issued or judgment arose;

2. The dismissal of the charge for which the warrant of arrest was issued or judgment arose; other than a dismissal with prejudice by motion of the appropriate prosecuting attorney for lack of evidence;

3. The posting of bond or the giving of other security to reinstate the charge for which the warrant was issued;

4. The payment or discharge of the fine and cost owed on an outstanding judgment of the court; or

5. Other suitable arrangement to satisfy the fine and cost within the court’s discretion.

K. A Violator who fails to appear for a complaint or citation for a matter involving any offense that a court has jurisdiction of under Chapter four of the Tex. Code of Crim.

Proc. must be required to pay a reimbursement fee for each complaint or citation reported to DPS under Tex. Transp. Code § 706.006 unless the person is acquitted of the charges for which the person failed to appear. The person must pay the fee when:

1. The court enters judgment on the underlying offense reported to DPS;

2. The underlying offense is dismissed, other than a dismissal with prejudice by motion of the appropriate prosecuting attorney for lack of evidence; or

3. Bond or other security is posted to reinstate the charge for which the warrant was issued.

L. DPS may not continue to deny the renewal of the Violator’s driver license once a notice has been received from the Political Subdivision that the person was acquitted of the charge on which the person failed to appear; that the charge was dismissed with prejudice by motion of the appropriate prosecuting attorney for lack of evidence; that the failure to appear report or court order to pay a fine or cost was sent to DPS in error or has been destroyed in accordance with the Political Subdivision’s records retention

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C.2.2 FTA DATA HANDLING PROCESS

Contractor must comply with the following for capture, storage, maintenance and confidentiality, and security of FTA Data submitted electronically by Political Subdivisions as accepted by DPS:

A. Entry

1. Name - (LASTNAME), (FIRSTNAME) (MIDDLE) (SUFFIX)

2. Date of Birth - (MMDDYYYY)

3. Driver License Number

4. Address (must be able to define a full address of the Violator)

5. Offenses (Must be able to identify specific offense by Violator name)

6. Offense Date - (MMDDYYYY)

7. Fine Amount - (Must be able to report a complete and total fine amount)

8. Docket Numbers - Must be able to report the full court assigned docket number.

The docket number may be a combination of alphanumeric characters. It should be noted that local docket numbering systems may vary.

9. Jurisdiction - Must provide court title, including designation of municipal or justice of the peace, precinct, place or other specific designated title, name of judge, full address, county, city, zip code and telephone number.

B. Deletion

1. Plea (Must be able to report Guilty, Not Guilty, or Nolo Contendere pleas).

2. Disposition (Must be able to report Convicted, Acquitted, Local Dismissal, or Other dispositions. All Other selections must be explained in remarks).

3. Penalty (Must be able to report).

C. Fees and Costs, including total fine and court costs amount.

1. Probated.

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2. Jail time served or probated.

3. Length of jail time or probation.

4. Disposition Date (CCMMDDYY).

5. Remarks (50 bytes).

D. Multiple offenses may be included on the same Violator record; however, offenses on the same person must be distinguishable by jurisdiction.

E. FTA data on each Violator will be entered and deleted daily and transferred to DLS for upload. Also FTA data on each Violator will be maintained for the retention period required by DPS with real time access on each person after compliance.

F. The proposed software for the FTA transfer of data will be in an XLM format. The

Software must include a format for each item the Political Subdivision is required to send and provide for storage of outstanding FTA Data. The Software should be simple enough to send to the Political Subdivisions with written instructions on how to load the Software, enter, delete, view and store the FTA Data.

G. FTA Data stored by Contractor are governmental records and any attempts to falsify, disguise, distort, delete, or change valid FTA data may result in criminal charges under Tex. Penal Code § 37.10.

H. FTA Data collected from any Political Subdivision, and DPS, is confidential and such FTA

Data will be used only for the purposes established in the Contract.

C.2.3 REQUIREMENTS

Contractor must provide the following:

A. Collect, store, and maintain FTA Data submitted by Political Subdivisions under the authority of Tex. Transp. Code Chapter 706 and in accordance with DPS’s rules defined in 37 Tex. Admin. Code, Part 1, Chapter 15, Subchapter G.

B. Maintain FTA Data records for each Violator after the date of compliance for the life of the Contract or as required by DPS.

C. Provide specified FTA Data in a prescribed format (XML), transmitted by Secure File

Transfer Protocol (SFTP) on a daily basis to DPS.

D. Maintain readily accessible Call Center and customer support, including an adequate number of toll-free telephone service lines to answer and resolve questions from Political Subdivisions and persons who are in the FTA system. The Call Center must be located in the contiguous United States, preferably in the state of Texas. Customer

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E. The FTA System will provide audit reports on quarterly and annual basis to report;

1. (1) monthly total number of offenses and persons by court;

2. (2) monthly number of offenses and number of persons complying;

3. (3) monthly disposition and penalty report;

4. (4) monthly number of customer calls and website hits;

5. (5) average customer waiting time; and

6. (6) all customers waiting over four minutes, as well as any other reports requested by DPS. This system description will provide for ad hoc reports upon request for all the aforementioned information by month and by year.

F. Maintain a maximum of a four-minute response time per call to be verified in monthly reports sent to the Contract Monitor. All Contractor employees working with FTA Data must undergo and successfully pass a Criminal History background check. Bilingual staff must be assigned to the call center in sufficient numbers to handle the volume of calls that involve a Spanish speaking Violator. The telephone system must be compliant with the Americans with Disabilities Act (ADA) and must work with Telecommunications Device for the Deaf (TDD). The telephone system must also include interactive voice response (IVR) capabilities and enhanced reporting capabilities. Any menu tree language or scripting must be submitted to DPS, in writing, and approved by DPS prior to its use.

G. Provide DPS with a toll-free number for problem resolution.

H. A software solution for the electronic submission of FTA Data from the Political Subdivision to the FTA System at no cost to DPS or Political Subdivision. Contractor must commence operations without financial assistance from the Department or Political Subdivisions.

I. Management and technical points of contact (POC) for DPS. The POCs must be available twenty-four hours per Day, three hundred sixty- five Days a year.

J. Comply with the escalation protocol as submitted within its response, or as later amended, to address emergent issues with DPS.

K. Mail a DPS-approved letter to each Violator in the FTA System regarding Violator status, compliance information, and consequences of non-compliance. Any correspondence being sent to Violators will be provided in English and Spanish.

L. Provide 24/7/365 real-time access (through a web based or cloud-based application) to any person in the FTA system and DPS of all stored data for problem resolution and the

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M. Provide an FTA System capable of producing DPS-defined comparison audits and reconcile discrepancies with the DLS FTA entries, by driver license number or other prescribed method as provided by DPS on a semi-annual basis.

N. Provide DPS with a schematic of all computer hardware, software, record layouts, procedural instructions, system flow documents, all security codes, and all other documents relating to FTA System operations and to all FTA data stored. This documentation must be provided to the Contract Monitor within 30 calendar Days after Final Acceptance.

O. Notify DPS, no later than 30 Business Days, prior to any changes to hardware, software, record layouts, or security codes and provide an updated schematic on the changes.

Contractor must keep all hardware and software current and up to date. This documentation must be provided to DPS’s Contract Monitor upon implementation of the updated FTA System components.

P. Provide and maintain complete and accurate records on all transactions with Political Subdivisions and DPS. Provide ad hoc reports to DPS as requested.

Q. Secure storage and accountability for all FTA Data materials during the term of the Contract and retention requirements. Contractor’s facilities must be in a locked and access-controlled environment to prevent unauthorized access.

R. Basic software for standard PC computer entry of FTA Data. Software languages or operating programs will be pre-approved by DPS. Software and any pre-approved programs will include the format for each item the Political Subdivision is to send to Contractor and provide for storage of outstanding FTA Data. Contractor must provide written instructions to the Political Subdivisions on how to load the software and any pre-approved programs, enter, delete, and store the FTA Data.

S. A software solution for the FTA System to interface with DLS.

T. Business procedures are required for how FTA Data collected from any Political Subdivision, including DPS, will be kept confidential.

U. Contractor’s encryption application must be GNU Privacy Guard (GPG) or Pretty Good Privacy (PGP).

V. Detailed training and training materials regarding use of the FTA System provided to Political Subdivisions, and DPS, at no additional cost.

W. A web-based or cloud-based FTA System.

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X. Provide a Comprehensive Repair and Maintenance Plan, which includes emergency repair services.

Y. Report formats will be established by Contractor and pre- approved by DPS upon award.

Z. Provide an FTA System capability/flexibility/contingency plan to accommodate future business requirements as required by legislative action.

AA. Contractor must possess the ability to receive payments quarterly from all Political Subdivisions and provide reports to DPS on payment compliance by each Political Subdivision.

BB. The FTA System must have the capacity to receive, manage, and store online voluminous FTA files. The FTA System must have the capacity to expand to meet demands if the annual growth rate exceeds expectations. As of July 2025, there are over 4 million participants in the program with an average of 5 tickets per person. The number of people and average tickets per person can be more or less, depending on the number of courts participating and the number of citations issued. At this time, DPS is unable to provide an exact estimate for the program’s annual growth due to these variables.

C.3 PROJECT SCHEDULE AND PLAN

Respondent must include in its response a draft project plan detailing how Respondent will provide or implement the requirements of this solicitation. The draft project plan must detail how Respondent would address the following:

1. A description of the project organization;

2. A breakdown and detailed description of the different deliverables;

3. Expected dependencies, caveats, or risks that exist within the project plan and schedule;

4. A schedule and work plan for the different deliverables of the project;

5. A high-level timeline for the project, including task start and end dates and dependencies;

6. Delegation of duties to each party for each of the tasks;

7. Information regarding maintenance and support, along with standard project management components such as a risk management plan and a change management plan;

8. Tasks required for the migration of all FTA data;

9. The methodology Respondent will employ to ensure the schedule is met; and

10. Provision or implementation of goods or services by the required dates, and subsequently provide support of these goods or services.

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C.4 TRANSITION

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

DPS.

C.5 DPS PERSONNEL

C.5.1 DPS’s Contract Administrator

A. The Contract Administrator for administration of the Contract is Daniel Ashby.

B. The telephone number for the Contract Administrator is 512-424-2086.

C. The email address is daniel.ashby@dps.texas.gov.

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

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

C.5.2 DPS’s Contract Monitor

A. The Contract Monitor for the Contract is Goodluck Elei.

B. The telephone number for the Contract Monitor is 512-424-2009.

C. The email address is goodluck.elei@dps.texas.gov.

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

C.5.3 DPS’s Project Manager

A. The Project Manager for the Contract is Amanda Valentine.

B. The telephone number for the Project Manager is 512-424-5230.

C. The email address is Amanda.valentine@dps.texas.gov.

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

C.6 LIQUIDATED DAMAGES

A. DPS reserves the right to assess liquidated damages at an amount up to $5,000.00 per Day for each Business Day Contractor fails to maintain optimal system performance as detailed in the IT Standards and Requirements and $5,000.00 per Day for each Business Day Contractor fails to provide the approved service within the scheduled and agreed upon timeline. The Parties acknowledge that the harm that will be caused to DPS by such a delay is difficult to estimate; however, the amount of liquidated damages listed in the Contract is a reasonable estimate and is enforceable.

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

C. If Contractor has other contracts with DPS, any liquidated damages assessed under the Contract may, at DPS’s option, be deducted from any payments due to Contractor.

Contractor must pay to DPS any remaining liquidated damages within 15 Days following receipt of written notice of the amount due.

C.7 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

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

B. Vendor must make a good faith effort to comply with all state HUB requirements under

Tex. Gov’t Code Chapter 2161 and the administrative rules, as applicable. Vendor must also comply with its approved HUB Subcontracting Plan (HSP).

C. Respondent must submit an HSP as part of its response and must comply with implementation of the HSP. Contractor must seek written approval from DPS prior to making any modifications to its HSP. Respondent must submit a detailed description of the HSP and required forms with the response. Respondent’s response will be

Page 18 of 38 Template Approved 5/26/2022 considered non-responsive if the agency forms are not completed in full or are missing from Respondent’s original response.

D. Contractor must provide notice to all subcontractors on its approved HSP of their selection as a subcontractor for the Contract. The notice will specify, at a minimum, DPS’s name, the name of the Contract Administrator, the Contract’s assigned contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract, and the expected percentage of the Contract’s total value that the subcontract represents. Contractor must provide a copy of the notice to the Contract Administrator no later than ten Business Days after the effective date of the Contract.

E. Contractor must submit the Prime Vendor Progress Assessment Report to the Contract

Monitor and DPS HUB Office on a monthly basis (by the fifth Day of the following month).

C.8 INSURANCE REQUIRED UNDER THE CONTRACT

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

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

C.9 CRIMINAL HISTORY BACKGROUND CHECK

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

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

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C. When required, Contractor’s Project Manager will provide the following to DPS

Contract Monitor no later than ten Days of executing the Contract:

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

2. acceptable fingerprints for all proposed personnel.

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

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

C.10 GENERAL CONFIDENTIALITY REQUIREMENTS

A. All information provided by DPS to Contractor, created by Contractor, or overheard, seen, or otherwise obtained by Contractor in performing the obligations under the Contract is confidential and may not be used by Contractor or disclosed to any person or entity, unless such use or disclosure is required for Contractor to perform work under the Contract. The requirements in this section also apply to subcontractors. The obligations of this section do not apply to information that Contractor can demonstrate:

1. Is publicly known at the time of disclosure or subsequently becomes publicly known through no fault of Contractor;

2. Contractor discovered, learned, or created independently by Contractor or by a rightfully possessing and disclosing third party or by any other legitimate means;

3. Is required to be disclosed by law or final order of a court of competent jurisdiction or regulatory authority, but Contractor must furnish prompt written notice of such required disclosure and will reasonably cooperate with DPS at DPS’s cost and expense, in any effort made by DPS to seek a protection order or other appropriate protection of its confidential information.

B. Contractor must notify DPS in writing of any unauthorized release of confidential information within four hours of when Contractor knows of such unauthorized release.

C. Contractor must notify affected parties in writing of any unauthorized release of confidential information within two Business Days of when Contractor knows of any unauthorized release of confidential information obtained from affected parties.

D. Contractor must maintain all confidential information in confidence during the term of the Contract and after the expiration or earlier termination of the Contract.

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E. If Contractor has any questions or doubts as to whether particular material or information is confidential information, Contractor must obtain the prior written approval of DPS prior to using, disclosing, or releasing such information.

F. Contractor acknowledges that DPS’s confidential information is unique and valuable, and that DPS may have no adequate remedy at law if Contractor does not comply with its confidentiality obligations under the Contract. Therefore, DPS will have the right, in addition to any other rights it may have, to seek in any Travis County court of competent jurisdiction temporary, preliminary, and permanent injunctive relief to restrain any breach, threatened breach, or otherwise to specifically enforce any confidentiality obligations of Contractor if Contractor fails to perform any of its confidentiality obligations under the Contract.

G. Contractor must immediately return to DPS all confidential information when the

Contract terminates, at such earlier time as when the confidential information is no longer required for the performance of the Contract or when DPS requests that such confidential information be returned.

H. Information, documentation and other material in connection with the Contract, including Contractor’s response, may be subject to public disclosure under the Tex.

Gov’t Code Chapter 552.

I. The FBI and DPS have computer security requirements. Contractor’s and subcontractor’s employees working on this assignment must sign and submit appropriate agreements and abide by these security requirements, within five Days of DPS’s request.

C.11 PERSONAL INFORMATION

To the extent this subsection does not conflict with the section entitled “General Confidentiality Requirements,” Contractor must comply with both sections. To the extent this subsection conflicts with the section entitled “General Confidentiality Requirements,” this section entitled “Personal Information” controls.

A. “Personal identifying information” and “Sensitive personal information” are defined by

Tex. Bus. & Com. Code Ch. 521. Both are classified as personal information for purposes of this section.

B. Personal information does not include publicly available information that is lawfully made available to the public from the federal government or a state or local government.

C. “Breach of system security” is defined as follows: Unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information Contractor maintains under the Contract, including data that is

Page 21 of 38 Template Approved 5/26/2022 encrypted if Contractor’s employee or agent accessing the data has the key required to decrypt the data. Good faith acquisition of personal information by an employee or agent of Contractor for the purposes of performing under the Contract is not a breach of system security unless the employee or agent of Contractor uses or discloses the personal information in an unauthorized manner.

D. Contractor must implement and maintain reasonable procedures, including taking any appropriate corrective action, to protect from unlawful use or disclosure of any personal information collected or maintained by Contractor under the Contract.

E. Contractor must notify DPS and affected parties of any breach of system security immediately after discovering the breach or receiving notification of the breach, if personal information was, or is reasonably believed to have been, acquired by an unauthorized person. However, Contractor must delay providing notice to the affected parties at DPS’s request, if DPS determines that the notification will impede a criminal investigation. Notification to the affected people may be made as soon as DPS determines that it will not compromise any criminal investigation.

F. Contractor must give notice as follows, at Contractor’s expense:

1. Written notice;

2. Electronic notice, if the notice is provided in accordance with 15 U.S.C. Section

7001;

3. Notice as follows:

If Contractor demonstrates that the cost of providing notice would exceed $250,000, the number of affected people exceeds 500,000, or Contractor does not have sufficient contact information for the affected people, Contractor may give notice as follows:

i. Email, if Contractor has an email address for the affected people;

ii. Conspicuous posting of the notice on Contractor’s website;

iii. Notice published in or broadcast on major statewide media; or

iv. If Contractor maintains its own notification procedures (as part of an information security policy for the treatment of personal information) that comply with the timing requirements for notice under this subsection entitled “Personal Information,” Contractor may provide notice in accordance with that policy.

G. If this subsection requires Contractor to notify at one time more than 10,000 people of a breach of system security, Contractor must also notify, without unreasonable delay, each consumer reporting agency (as defined by 15 U.S.C. Section 1681a) that maintains files on consumers on a nationwide basis, of the timing, distribution, and content of the notices.

Page 22 of 38 Template Approved 5/26/2022

H. In the event of a breach of system security, if personal information was, or is reasonably believed to have been, acquired by an unauthorized person, DPS, an agency of the State of Texas, may assess and enforce, as applicable and without limitation, cyber insurance coverage requirements, indemnification, duty to defend, liquidated damages, actual damages, sanctions, rights, claims, remedies and other amounts against Contractor in accordance with the contract that includes these Cyber Security Contract Requirements, and in accordance with other applicable law. Contractor understands that there may be constitutional and statutory limitations on DPS to enter into certain terms and conditions of the contract that includes these Cyber Security Contract Requirements and that any such terms and conditions will not be binding on DPS except to the extent authorized by the laws and constitution of the State of Texas.

I. Liquidated Damages may be assessed under this section in the amount of the per capita data breach cost for public sector (government) records as listed in the current Ponemon Institute Research Report Cost of Data Breach Study: United States. The number of affected records will be determined at the time of breach, with a not to exceed Liquidated Damages Cap of 100% of the estimated value of the contract, derived from the collection of FTA system outstanding violations at a rate of $6 per violation over the five-year term of the contract.

The Ponemon Institute Research Report Cost of Data Breach Study: United States may be found at: http://www-03.ibm.com/security/data-breach/.

J. Contractor will not be responsible and liquidated damages may not be assessed due to a breach of system security caused entirely by someone other than Contractor, Contractor’s subcontractor, or Contractor’s agent. (This provision is not to be interpreted that Contractor is absolved of liability with any other sections pertaining to cyber security or data protection)

K. If Contractor has other contracts with DPS, any liquidated damages assessed under the

Contract may, at DPS’s option, be deducted from any payments due Contractor.

Contractor will pay to DPS any remaining liquidated damages within 15 Days following receipt of written notice of the amount due.

C.12 PROJECT MANAGEMENT REQUIREMENTS

C.12.1 Project Management Standards

Contractor must comply with DPS standards and requirements during project implementation as they are outlined by DPS’s Project Manager.

Contractor’s systems must comply with DPS standards and requirements when there is a need to migrate from a Contractor-hosted infrastructure to a DPS-hosted infrastructure.

http://www-03.ibm.com/security/data-breach/

Page 23 of 38 Template Approved 5/26/2022

DPS follows the Project Management Body of Knowledge (PMBOK), which is the global standard for project management. Alternative methodologies for project management may be utilized by the Contractor, as agreed upon in writing.

The documents listed below, and any other documents requested by DPS must be delivered to the DPS Project Manager during project implementation upon Contract award.

DPS will review all documents that Contractor delivers to DPS. Contractor must update all documents throughout the project lifecycle and provide updates to DPS upon demand.

Before final acceptance, Contractor must provide the final version of all documents.

Contractor must host, at a minimum, a weekly team status meeting and provide meeting minutes to the DPS Project Manager as listed in Section C.5.2 within 12 hours of the meeting unless a different frequency is agreed upon in writing.

Contractor must provide a weekly status report to the DPS Project Manager by Thursday at 5:00 P.M. CT and prior to any holiday unless a different frequency is agreed upon in writing. The weekly status report must include the project accomplishments, issues, goals for next week, project milestones, and identified risks with a mitigation plan.

C.12.2 PM DELIVERABLES

Contractor must conduct, within ten Business Days from Contract award, a project kickoff meeting that is the first meeting held with stakeholders and team members to define the project deliverables and activities.

During the project, Contractor must provide the deliverables described in this section within the period specified in the Project Schedule or as required by the DPS Project Manager.

The project schedule must contain all of the information listed below and determine the duration of project activities necessary for DPS and Contractor to complete the project.

The Project Schedule is a work-in-progress document and Contractor must update and maintain it weekly. Contractor must deliver the Project Schedule and project plan within ten Business Days of the project kickoff meeting (or as agreed upon by both Parties), and must include all identified and agreed upon deliverables in writing.

A. Project Schedule—This schedule defines the timeline for the project and must include the following details, unless a modification is agreed upon in writing:

1. Revision date of Project Schedule

2. A detailed list of tasks

3. All key project deliverables

4. Ownership of task (listing the resource(s) that will address each task)

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5. An estimate of the amount of work for each task in hours

6. An estimate of the duration of time (from start to finish) for each task in Days

7. Resources assigned to each task

8. Projected start and finish dates for each task

9. Dependencies between tasks

10. Dependencies on external entities

11. Project milestone indicators

B.