ESBD_467231_1762437580176_SOL_PST_IFB_25R0019885.pdf

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WESCAM AIR SURVEILANCE MAINTENANCE CONTRACT
Solicitation number
405-25R0019885
Issued by
Texas

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WESCAM Air Surveillance Maintenance Contract - Solicitation Summary

This is an Invitation for Bids (IFB) solicitation issued by the Department of Public Safety of the State of Texas for maintenance and repair services on L3Harris Wescam MX Series Air Surveillance Systems. The solicitation seeks a contractor capable of providing comprehensive repairs and maintenance for DPS-owned MX-10 IR and MX-15 IR Series Sensors, with the contract to maintain current and future L3 sensors and related accessories. Services requested include repairs to imaging payloads, video mapping features, laser range finder systems, laser designators, hand controllers, internal measurement units, thermal heat exchangers, structural components, wiring harnesses, and related equipment. The solicitation covers four line items: hourly labor rates for maintenance and repairs, extended warranty for MX-10 Series systems, extended warranty for MX-15 Series systems, and parts pricing as a percentage discount off manufacturer's suggested retail price (MSRP). The deadline for electronic bid submissions is December 10, 2025, at 5:00 PM Central Time, with an anticipated contract award date of January 9, 2026. The contract term commences on the date of award and expires five years from that effective date, with DPS reserving the right to extend continued performance for up to six additional months for re-advertising, award of a new contract, or transition purposes.

Pricing must be submitted on the Mandatory Pricing Schedule for each of the five contract years. DPS guarantees no minimum compensation and will make payments only on an as-needed basis following written approval from the Contract Monitor confirming acceptance of commodities or services. No assumptions or exceptions are permitted in bids; bidders must request modifications through the question-and-answer process. For any MX 10 and MX 15 Series systems under manufacturer's warranty, contract repairs would not occur until after warranty expiration. The contract requires a 48-hour callback or response time to warranty service calls and includes provision for up to six operational systems for immediate use while equipment is under prolonged repair. Contractor must submit to fingerprint-based criminal history background investigations and provide key personnel resumes, three project references with similar scope, business continuity and disaster recovery plans, and financial documentation demonstrating solvency and capacity to perform. DPS retains the right to reject any or all bids, investigate vendor performance through the Vendor Performance Tracking System and other sources, and disqualify bidders with performance scores below a "C" rating, current corrective action plans, repeated negative reports, or cancelled purchase orders for non-performance within the previous 12 months.

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DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-25R0019885

TYPE OF SOLICITATION

INVITATION FOR BIDS

DATE ISSUED

11/06/2025

WESCAM AIR SURVEILANCE MAINTENANCE CONTRACT

Bidder must submit electronic responses no later than 5:00 P.M. Central Time on 12/10/2025 to the following email address or via the DPS Online Bid Room.

DPS_Solicit_Response@dps.texas.gov Attention: 405-25R0019885

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 solicitation document.

FOR INFORMATION CONTACT:

Heidi Davis, CTCD & CTCM

Contract Administrator

PHONE: (512) 424-5724

EMAIL: Heidi.Davis@dps.texas.gov

RESPONSE (Bidder must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

NAME AND ADDRESS

OF BIDDER:

RESPONSE DATE

EMAIL AND TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE*

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, AND REMEDIES

SOLE SOURCE OR PROPRIETARY: DPS is advertising this solicitation under Texas Government Code § 2155.067.

DPS believes that the requested items are sole source or proprietary to one manufacturer, specifications, or both.

DPS will only consider responses conforming exactly to this solicitation in determining award. However, DPS strongly encourages responses from all qualified vendors who may be able to provide the specified items.

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

Bidder must sign its response in the space indicated above. DPS may pursue and enforce any available remedies against the Bidder for making any false statement, including disqualifying the Bidder’s response, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

*FAILURE TO SIGN WILL DEEM THE RESPONSE NON-RESPONSIVE.

TERM, PRICING, AND FUNDING

The contract term commences on date of award and expires five (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 either the Contract term or any optional renewal period. 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 SCHEDULE

SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

C.2 SPECIFICATIONS

C.3 TRANSITION

C.4 DPS PERSONNEL

C.5 WARRANTY CALL RESPONSE TIME

C.6 CRIMINAL HISTORY BACKGROUND CHECK

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

D.1 RESPONSE PREPARATION INSTRUCTIONS

D.2 SOLICITATION ADDENDA

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

D.4 RESPONSE ACCEPTANCE PERIOD

D.5 CONTRACT AWARD

D.6 DPS’s RIGHTS

D.7 RESPONSE SUBMISSION INSTRUCTIONS

D.8 DISCUSSION AND CORRESPONDENCE

D.9 BIDDER SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

D.10 AGENCY POSTING OF CONTRACTS

D.11 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 this Contract have the meanings given in this section unless the context indicates otherwise.

“Bid” means the Bidder’s response to this solicitation. A Bid is an offer to contract based upon the terms, conditions, and specifications contained within the solicitation. Bids do not become contracts until they are accepted through an open market purchase order.

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

“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 the formal, written, and legally enforceable agreement between DPS and Contractor.

“Contractor” means the individual, business or other entity awarded this Contract. In the context of submitting a response, “Contractor” also means “Bidder” 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.

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

“Parties” means Contractor and 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. Bidder 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 contracted pricing and payment structure will represent Contractor’s sole compensation under the Contract. DPS guarantees no minimum compensation under the Contract.

In the event that there is only one qualified Bid in response to this solicitation, DPS may, at its discretion, negotiate with Bidder.

B. 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.

C. Catalogs, brand names, or manufacturer’s references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under Tex. Gov’t Code § 2155.067. If a Bidder believes it can satisfy these specifications, it must bid its goods or services and explain how the specifications will be adequately met.

D. If bidding on specifications other than those stated within this solicitation, bid must show manufacturer, brand, or trade name, and other description of product offered. If other than brand specified is offered, then Bidder must include specifications, illustrations, and complete descriptions of product offered must be included with bid.

E. Unless otherwise specified, all items bid must be new and unused and of current production.

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

A. Upon request, Bidder must provide evidence of its financial resources and its ability to provide the commodities or perform the services for which Bidder is

Page 5 of 20 Version 1.2, Template Approved 05/01/2025 submitting a response. This includes information Bidder 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 Bidder’s operations or, in the alternative, financial statements compiled, reviewed and attested by an independent certified public accountant or certified public accounting firm. Bidder may submit a copy of its Dun & Bradstreet (D&B) Business Information Report. If a D&B is submitted the report must include Bidder’s Viability Score and the Portfolio Comparison Score or similar ratings.

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

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

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

F. DPS reserves the right to investigate and determine the financial integrity and responsibility of a Bidder and to reject a response on the grounds of Bidder’s lack of financial soundness, or if DPS reasonably concludes, after reviewing the information submitted by Bidder as well as all other relevant information obtained by DPS, that significant issues exist that could jeopardize Bidder’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.

mailto:apinvoices@dps.texas.gov

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

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

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

B.4 MANDATORY PRICING SCHEDULE

Respondent must submit pricing within the Mandatory Pricing Schedule below, replicating, as necessary, in this exact format.

LINE

NIGP DESCRIPTION UOM YEAR 1

PRICING

YEAR 2

PRICING

YEAR 3

YEAR 4

YEAR 5

1 655-35 AIR SURVEILLANCE

SYSTEMS –

MAINTENANCE & REPAIRS

HOURLY LABOR RATE

HR

2 963-91 EXTENDED WARRANTY

MX-10 SERIES AIR

SURVEILLANCE SYSTEMS

EA

3 963-91 EXTENDED WARRANTY

MX-15 SERIES AIR

SURVEILLANCE SYSTEMS

EA

4 936-57 AIR SURVEILLANCE MX

SERIES SYSTEMS –

PARTS, % OFF MSRP

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SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

DPS seeks a contractor who is capable of providing repairs and maintenance to DPS owned L3Harris Wescam MX Series Air Surveillance Systems and related accessories. DPS currently operates 16 MX-10 IR and 6 MX-15 IR Series Sensors. The Contract will maintain current and future L3 sensors and related accessories.

C.2 SPECIFICATIONS

A. For any MX 10 and MX 15 Series Air Surveillance Systems under manufacturer’s warranty, the repairs and maintenance services under this Contract would not occur until after the expiration of the existing manufacturer’s warranty.

B. Repairs consist of unscheduled repairs of the MX 10 and MX 15 Series Air Surveillance Systems owned and/or operated by DPS. These repairs include:

1. Repairs of all imaging payloads carried within the MX 10 and MX 15 Series Air

Surveillance Systems, including the standard and high definition infrared thermal imaging system, the electrical optical (EO) color camera (both wide and narrow), and low light systems.

2. Repair and updating of video mapping features, including the assignment of all available standard and high definition video selected sensor sources through the MX series level 2 video Input/Output menu or through external Remote Control System (RCS) interfaces (moving maps), along with management of the embedded metadata within each stream and carried to recording platforms or to digital downlink equipment.

3. Repairs of the Laser Range Finder (LRF) payload in the MX 10 and MX 15 Series Air Surveillance Systems, to include the following:

• Nominal ocular hazard distance functionality, ensuring eye safety for those operating within the 300m and 700m constraints as outlined by FDA protocols.

• Laser cutout zone map integrity and airframe switching strategies as systems are moved within the fleet.

• Safety interlock (laser arming panels supplied exclusively by L3 WESCAM and required for operation (weight on wheels switch, minimum altitude switch, door closed switch, cockpit switch, and emergency stop).

• All firmware updates required to confirm continuity of the aforementioned safety protocols.

• Replacement included as this device is a firing cycle-limited device and requires replacement after a number of sequences.

4. Repairs of the blending features of the MX 10 and MX 15 Series Air Surveillance Systems.

5. Repairs of the Laser Designator and all functions associated with sub-clause 3 of this section relating to the LRF and safety protocols. Replacement of this item, based on the number of firing cycles, must be included, as well as bore sighting and confirming co-witness with mission reticles on WESCAM proprietary bench.

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6. Repairs of the hand controller, including all functions relating to:

• Energizing and de-energizing the surveillance system;

• Controlling surveillance system movement;

• Controlling surveillance system sensors;

• Change mode settings;

• Open and navigate the menu system;

• Monitor power and laser status indicator lights;

• All faceplate, joystick (force transducer), handle, top button and position detent damage and lack of function and lighting; and

• Hand controller cabling and integrity, from the unit to the in cabin connection point, including the bulkhead connection to the external system wiring harness.

7. Repairs and replacement of lens on all payloads.

8. Repairs of Internal Measurement Unit (IMU), to include the electronics associated with the unit, GPS receiver data, pitch/roll/yaw ring laser gyros, and updates to firmware responsible for capturing and maintaining IMU alignment.

9. Repairs of thermal heat exchanger, the thermal imager payload itself, and maintenance or replacement of the focal plane array found internal or external to the heat exchanger itself, along with confirmation testing of the required system temperature requirements as related to the heat exchanger.

10. Repairs or replacement of the structural zones of the surveillance system (bulkhead, yoke, and gimbal), along with all external connections and electronics found within each zone, and the hardware installed on the airframe associated with the following:

• 28V Power Supply

• Composite Video Channels

• RMS

• GPS Antenna

• RCS Status Out

• Laser Arming/Install ID

• External Communications/Discrete Signals

• HD Video Channels

• Y/C Video Channels

11. Repairs or replacement of isolators.

12. Repairs of yaw and pitch encoders.

13. Repairs of yaw and pitch motors.

14. Repairs of internal wiring harness as well as the proprietary WESCAM supplied external wiring harness and all wiring integration with the other systems onboard the aircraft including moving maps, digital downlinks, radio communications, GPS, and video recording devices.

15. Replacement of isolate sensor windows.

16. Replacement of operating system circuit boards and firmware along with Built In

Test (BIT) errors as found within the specific camera model and version service manual.

17. Service of payload bearings to include inner and outer bearings and races.

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18. Change and repair of all desiccant and moisture management systems installed on the yoke, bulkhead, or gimbal, including the supply of WESCAM proprietary nitrogen adapters for field maintenance on the aforementioned systems. The specifications of this contract require a spare sensor to be sent to the affected airframe, when requested by DPS, at any time a currently owned/operated sensor is required to be repaired under the warranty program. When sensors are shipped to a L3 maintenance facility for repair, the scope and duration of the repair will be communicated by the L3 technician prior to the shipment of the sensor. This blanket contract for maintenance will include all DPS-owned/operated MX sensors and related accessories.

Equipment will be covered under the applicable MX-Series service plan with coverage including up to six operational systems provided for immediate use while the equipment is under prolonged repair.

C.3 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.4 DPS PERSONNEL

C.4.1 DPS’s Contract Administrator

A. The Contract Administrator for administration of this Contract is Heidi Davis.

B. The telephone number for the Contract Administrator is 512-424-5724.

C. The email address is Heidi.Davis@dps.texas.gov.

The Contract Administrator is responsible for the general administration of this Contract, negotiation of any changes, and issuance of written amendments to this Contract.

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

C.4.2 DPS’s Contract Monitor

A. The Contract Monitor for this Contract is Analisa Resendez.

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

C.5 WARRANTY CALL RESPONSE TIME

DPS requires the Contractor to Call Back or respond to the Service Location within the 48-hour notification period.

C.6 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor’s project personnel must submit to a fingerprint-based Criminal History Background Investigation, if required by DPS at Contractor’s expense. To facilitate this Criminal History Background Investigation, each person must complete DPS’s 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’s 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’s building(s) and computer systems if DPS determines that such personnel do not pass the background check or fail to otherwise maintain DPS security clearance.

C. When required, Contractor’s Project Manager will provide the following to DPS’s Contract Monitor within 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 to an annual DPS fingerprint-based Criminal History Background Investigation to DPS.

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

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SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

D.1 RESPONSE PREPARATION INSTRUCTIONS

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

B. As designated in the cover page of this solicitation, responses may only be submitted via the email address stated or the DPS Online Bid Room utilizing the procedures in the DPS Online Bid Room Vendor Exhibit. DPS encourages the use of the DPS Online Bid Room for the convenience of the respondents. Submission through both methods is not required.

C. Bidder must prepare its response in accordance with these instructions providing all required information in the format specified.

D. Failure of a response to show compliance with these instructions and submit all documentation may be grounds for considering the response non-responsive.

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

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

G. Bidder must ensure that its response is clearly labeled.

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

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

D.2 SOLICITATION ADDENDA

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

B. Bidder’s failure to timely acknowledge addenda may subject its Bid to rejection.

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

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

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

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

D. No Bids can be withdrawn after closing date and time without approval by DPS. Should a Bidder, after closing time, request its Bid be withdrawn, Bidder must email the request to the Contract Administrator listed in the solicitation.

E. DPS is not responsible for submissions delivered to DPS after the date and time stated on the first page of this solicitation. It is the Bidder’s responsibility to ensure that it submits, and that DPS receives, its complete Bid timely. DPS recommends that Bidder submit their complete Bid well in advance of the due date and time stated on the first page of this solicitation.

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

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

D.4 RESPONSE ACCEPTANCE PERIOD

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

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

D.5 CONTRACT AWARD

DPS may award one or more Contracts resulting from this solicitation to a responsible Bidder whose Bid is best value under the evaluation criteria in this solicitation. Due to the number of line items, it is possible that there will be multiple Contracts awarded from this solicitation, but DPS will not award more than one Bidder (who is the best value) per line item.

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D.6 DPS’S RIGHTS

A. DPS may:

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

2. accept other than the lowest priced Bid; and

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

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

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

D. Except as described in Section D.9, the submission of a Bid has the effect of waiving proprietary rights or confidentiality.

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

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

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

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

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

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

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

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D.7 RESPONSE SUBMISSION INSTRUCTIONS

D.7.1 Volume One – Required Contract Forms and Information

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

A. Solicitation, Page 1 (with any signed addenda);

B. Information and Certifications Form;

C. Financial Rating and Solvency Information, if applicable;

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

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

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

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

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

D.7.2 Volume Two – Information Bid Section

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

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

C. Information Sheet: Including all information required of Bidder.

1. Name and address (including telephone number) of Bidder.

2. Business form of Bidder (e.g., corporation, partnership).

3. Date and state of incorporation.

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

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

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

ii. Résumés for key personnel assigned to any resulting contract will include: project management experience, supervisory experience, business process experience, application languages, hardware installation abilities, software upgrade experience, programming skills/abilities, data formats for each qualifying project.

1) Name

2) Title (current)

3) Education

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

5) Project(s) Scope:

a) Role

b) Related specific technical qualification experience

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

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

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

E. Organizational, biographical, and Financial Rating information, if applicable, for the Bidder.

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

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

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

I. Business Continuity and Disaster Recovery Plan. Bidder must submit, with its response, descriptions of its business continuity and disaster recovery plan and

Page 16 of 20 Version 1.2, Template Approved 05/01/2025 processes. If DPS awards a Contract under this solicitation, Contractor must submit, within ten days from Contract award, its plans regarding how Bidder will protect DPS’s vital state records throughout the life of the Contract and for any record retention period required beyond the life of the Contract. The plans must include specific actions Contractor will take to meet DPS’s essential function recovery times and the related artifacts for the methodologies, tests, and exercises used to validate its business continuity and disaster recovery plan. DPS may reasonably require Contractor to amend its business continuity and disaster recovery plan (based on DPS’s dependence or necessity on the particular good or service).

J. Negotiations, Assumptions, and Exceptions. No assumptions may be included in a Bid. Instead, Bidder must to clarify a section of the Solicitation as needed through the question-and-answer process in Section D.8.

DPS cannot negotiate IFB terms or conditions and will disqualify any Bid with exceptions or assumptions under most circumstances. Instead of including exceptions, Bidders must request any desired modifications to the solicitation through the question-and-answer process in Section D.8. DPS cannot indemnify vendors under the Texas Constitution. Bidders may not request DPS or Customers to indemnify it.

D.7.3 Volume Four –Pricing Response

Bidder must provide its pricing in the Mandatory Pricing Schedule in the exact format noted.

D.8 DISCUSSION AND CORRESPONDENCE

A. Bidder must communicate and ask questions concerning this solicitation, including any of a technical nature, in writing only to the Contract Administrator listed on page 1 or via the Online Bid Room and in accordance with any required deadlines.

B. DPS will provide written responses to the questions.

C. Bidder may only rely on the written information provided. Bidder is specifically cautioned against relying on any oral information.

D. Bidder is specifically prohibited from making contact with any DPS personnel other than the Contract Administrator involved in this solicitation for discussing its responses. The only exception is if the Bidder has questions regarding proper completion of the HSP, the HUB coordinator listed on the HSP may be contacted with a copy to the Contract Administrator.

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E. The responsiveness of each bid will be evaluated upon the written instructions provided by throughout this solicitation and as described in Section E, Evaluation Criteria.

F. Unauthorized contact with DPS personnel by any Bidder may result in DPS considering Bidder’s bid non-responsive in its entirety.

D.9 BIDDER SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

DPS is a governmental body subject to the Texas Public Information Act (PIA), Tex. Gov’t Code Chapter 552. The response and other information submitted to DPS by Bidder are subject to release as public information by DPS. The response and other submitted information is presumed subject to disclosure unless a specific exception to disclosure under the PIA applies.

If it is necessary for Bidder to include proprietary or otherwise confidential information in its response or other submitted information, Bidder must clearly label that proprietary or confidential information and identify the legal basis for confidentiality. Merely making a blanket claim that the entire response is protected from disclosure because it contains some proprietary information is not acceptable, and will make the entire response subject to release under the PIA.

In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the response that are considered by Bidder to be proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified by Bidder as proprietary or confidential will be deemed subject to disclosure under the PIA. Bidder will irrevocably deemed to have waived, and Bidder agrees to fully indemnify the State of Texas and DPS against any claim of infringement by DPS regarding the intellectual property rights of Bidder or any third party for any materials appearing in the response.

If Bidder’s Bid contains any information that Bid claims is confidential and not subject to release under the PIA, Bidder must prepare and deliver to DPS two copies of its bid containing the following information.

A. A complete copy of all of Bidder’s submissions under this solicitation. Bidder must mark this copy’s documents with “Complete Bid Documents, [Bidder’s Name], DPS SOLICITATION [SOLICITATION Number]. CONTAINS CONFIDENTIAL INFORMATION.”

B. A complete copy of all of Bidder’s submissions with all information claimed as confidential excised, blacked out, or otherwise redacted. This copy must also contain an Appendix, which contains clear references to all redacted information including a general description of the redacted information. Bidder must mark this copy’s documents with “For Public Release: Redacted Version of [Bidder’s Name], DPS SOLICITATION [SOLICITATION Number].”

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D.10 AGENCY POSTING OF CONTRACTS

After award, information, documentation, and other material in connection with this solicitation or this Contract may be subject to public disclosure under the Public Information Act.

D.11 ANTICIPATED SCHEDULE OF EVENTS

DPS currently anticipates that the selection of successful Bidder and award of this Contract, if any, will proceed according to the following schedule:

11/06/2025 Solicitation Posted to ESBD

11/18/2025 5:00 PM CST Last day to submit written questions for clarification to

DPS

11/21/2025 5:00 PM CST Estimated date for DPS to post Question and Answer (Q&A) document to ESBD

12/10/2025 5:00 PM CST Deadline for DPS to receive Bids 01/09/2026 Anticipated date of Contract Award

DPS reserves the right, in its sole discretion, to change the above dates. Notices of changes to items directly impacting the original solicitation process will be posted on the Electronic State Business Daily (ESBD) located at: http://www.txsmartbuy.gov/esbd and the DPS Online Bid Room. Bidder has the responsibility to check the ESBD and the DPS Online Bid Room frequently for updates. Bidder is solely responsible for verifying receipt of its questions, if applicable, and responding by the deadlines stated. A Bidder’s failure to periodically check the ESBD or the DPS Online Bid Room for updates will in no way release the awarded Bidder from compliance with any requirements in posted “addenda or additional information” although such compliance may result in additional costs to meet the requirements.

Questions regarding this solicitation must be in writing and must be submitted to DPS’s Contract Administrator or via the DPS Online Bid Room by the date and time noted in the table listed in this solicitation. Telephone inquiries will not be accepted. DPS intends to post answers to these questions on the ESBD and via the DPS Online Bid Room on or before the date and time noted in the table listed in this solicitation. Bidder is solely responsible for verifying DPS’s timely receipt of its questions by the stated deadlines.

http://www.txsmartbuy.gov/esbd

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SECTION E—EVALUATION CRITERIA

DPS will evaluate responses in accordance with the best value standard in Tex. Gov’t Code § 2156.007.

A Bidder’s past performance will be measured in accordance with applicable provisions of Texas Gov’t Code §§ 2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Bidder’s may fail this selection criterion for any of the following conditions:

• A score of less than a C or Legacy Unsatisfactory in the Vendor Performance Tracking System;

• Currently under a Corrective Action Plan through the Comptroller of Public Accounts (CPA);

• Having repeated negative Vendor Performance Reports for the same reason;

• Having a record of repeated non-responsiveness to Vendor Performance issues; or

• Having purchase orders that have been cancelled in the previous 12 months for non-performance (late delivery, etc.).

Contractor performance information is located on CPA’s website at:

http://www.txsmartbuy.gov/vpts.

DPS may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System, DPS may examine other sources of vendor performance including, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Such sources of vendor performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, DPS may initiate such examinations of vendor performance based upon media reports. Any such investigations will be at the sole discretion of DPS, and any negative findings, as determined by DPS, may result in non-award to Bidder.

http://www.txsmartbuy.gov/vpts

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SECTION F—LIST OF EXHIBITS

By number and title

F.1 Standard Terms and Conditions

F.2. Information and Certifications Form

F.3 Application for Texas Identification Number (AP-152)

F.4 Direct Deposit Authorization Form (74-176)

F.5 Request for Taxpayer Identification Number and Certifications (W-9)

F.6 DPS Online Bid Room Vendor Information

SECTION A—DEFINITIONS
SECTION B—SERVICES AND PRICES
B.1 PRICING REQUIREMENTS
B.2 INVOICE REQUIREMENTS
B.3 PAYMENTS
B.4 MANDATORY PRICING SCHEDULE
SECTION C - SPECIFICATIONS
C.1 INTRODUCTION
C.2 SPECIFICATIONS
C.3 TRANSITION
C.4 DPS PERSONNEL
C.5 WARRANTY CALL RESPONSE TIME
C.6 CRIMINAL HISTORY BACKGROUND CHECK
SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS
D.1 RESPONSE PREPARATION INSTRUCTIONS
D.2 SOLICITATION ADDENDA
D.3 LATE SUBMISSIONS, CHANGES, AND WITHDRAWALS OF RESPONSES
D.4 RESPONSE ACCEPTANCE PERIOD
D.5 CONTRACT AWARD
D.6 DPS’s RIGHTS
D.7 RESPONSE SUBMISSION INSTRUCTIONS
D.8 DISCUSSION AND CORRESPONDENCE
D.9 BIDDER SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT
D.10 AGENCY POSTING OF CONTRACTS
D.11 ANTICIPATED SCHEDULE OF EVENTS
SECTION E—EVALUATION CRITERIA
SECTION F—LIST OF EXHIBITS

File details come from the government source that posted it. Updated .