ESBD_489523_1770915676175_SOL_PST_OE_25R0021451.pdf

DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-25R0021451

TYPE OF SOLICITATION

OPEN ENROLLMENT

DATE ISSUED

02/12/2026

AIRCRAFT TRAINING

Applicant must submit electronic applications no later than 5:00 P.M. Central Time on 08/31/2030 to the following email address or via the DPS Online Bid Room.

DPS_Solicit_Response@dps.texas.gov Attention: 405-25R002145

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

FOR INFORMATION CONTACT:

Cassandra J. Cuvelier, CTCD, CTCM

Contract Administrator

PHONE: (512) 424-7486

EMAIL: Cassandra.Cuvelier@dps.texas.gov

APPLICATION (Applicant must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

NAME AND ADDRESS

OF APPLICANT:

APPLICATION 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, Applicant represents and warrants that all statements, certifications, and information submitted in response to this open enrollment solicitation are true, current, complete, and accurate.

Applicant must sign its application in the space indicated above. Failure to sign will result in screening out the application. Also, DPS may pursue and enforce any available remedies against the Applicant for making any false statement, including disqualifying the Applicant’s application, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

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

TERM, PRICING, AND FUNDING

The initial contract term commences on the date of award stated in the signing document, or purchase order and each contract the term end date will remain 08/31/2030 regardless of when the contract is awarded.

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 - QUALIFICATIONS

C.1 INTRODUCTION

C.2 Specifications and Statement of Work (pilot certifications)

C.3 TRANSITION

C.4 DPS PERSONNEL

C.5 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.6 INSURANCE REQUIRED UNDER THIS CONTRACT

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO APPLICANTS

D.1 APPLICATION PREPARATION INSTRUCTIONS

D.2 SOLICITATION ADDENDA

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

D.4 APPLICATION ACCEPTANCE PERIOD

All applications will be valid throughout the open enrollment period

D.5 CONTRACT AWARD

D.6 CONTRACT TERM

D.7 DPS’s RIGHTS

D.8 APPLICATION SUBMISSION INSTRUCTIONS

D.9 DISCUSSION AND CORRESPONDENCE

D.10 APPLICANT SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT . 21

D.11 AGENCY POSTING OF CONTRACTS

D.12 ANTICIPATED SCHEDULE OF EVENTS

SECTION E—SELECTION CRITERIA

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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.

“Applicant” means the individual, business entity, or organization that submits an application in response to this open enrollment solicitation with the intent to contract with DPS.

“Bid” means the Bidder’s application 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.

“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 an application, “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.

“Parties” means Contractor and DPS.

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

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

A. Applicant 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.

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. Applications on brands of like nature and quality will be considered unless advertised under Tex. Gov’t Code § 2155.067.

If an Applicant believes it can satisfy these specifications, it must application its goods or services and explain how the specifications will be adequately met.

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

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

A. Upon request, Applicant must provide evidence of its financial resources and its ability to provide the commodities or perform the services for which Applicant is submitting a application. This includes information Applicant 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 Applicant’s operations or, in the alternative, financial statements compiled, reviewed and attested by an independent certified public accountant or certified public accounting firm. Applicant may

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C. In lieu of providing financial statements in its Proposal, an Applicant may provide a statement regarding its financial stability and viability to perform under any resulting contract. If Applicant elects this approach rather than audited financial statements, the Applicant 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. Applicant must provide information, and any other financial information reasonably requested by DPS consistent with the services provided by Applicant or otherwise required by the 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 an Applicant and to reject an application on the grounds of Applicant’s lack of financial soundness, or if DPS reasonably concludes, after reviewing the information submitted by Applicant as well as all other relevant information obtained by DPS, that significant issues exist that could jeopardize Applicant’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.

mailto:apinvoices@dps.texas.gov

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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 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

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

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SECTION C - QUALIFICATIONS

C.1 INTRODUCTION

DPS seeks applications to establish contract(s) with qualified Aircraft Training Facilities to provide training, ranging from initial certifications, Airline Transport Pilot, type ratings, to recurrent training, as well as, various aircraft and/or simulators, hands-on, and hoist training. Once enrolled, qualified Applicants will provide service to DPS on an as-needed basis for aircraft training in accordance with contract terms. DPS will contract services on a regional basis and refer training needs to the enrolled contractor, who can then perform the services in a timely manner. There may be adjustments in pricing varying by region, but all trainings must be located within 500 NM of Austin, Texas.

DPS is seeking to award to multiple vendors, and vendors should submit an application for all applicable training services they can provide.

C.2 SPECIFICATIONS AND STATEMENT OF WORK (PILOT CERTIFICATIONS)

A. Requirements:

Applicant must be a FAA Certified Part 61 or Part 141 Flight training academy capable of providing flight instruction to DPS personnel seeking Private/Instrument/Commercial/ATP/CFI/CFII rating in single-engine land, multi-engine land, and/or rotorcraft.

1. The contractor must be a Federal Aviation Administration (FAA) certified flight training academy located within the State of Texas only (this does not include simulators). Training services must comply with FAA regulations, and the Contractor must be among the FAA-certified providers. Proof of certification must be submitted with the Bid.

2. Qualified instructors for all phases of training.

3. All necessary training equipment (headsets, POH, training manuals, etc.)

4. Provide classrooms for up to five (5) pilots with FAA-certified flight Instructors and have specific experience in the training courses offered.

5. A detailed training curriculum, course materials, and all materials and equipment used for training. T raining materials w i l l include appropriate aircraft publications, which provide, at a minimum, detailed information on flight planning, normal, abnormal, and emergency procedures, aircraft systems, and checklists.

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6. Provide training personnel and equipment that are available outside of the normal business hours of Monday through Friday, 8:00 a.m. to 5:00 p.m. to sufficiently accommodate the night requirements of training objectives.

7. Coordinate and schedule all arrangements with the appropriate FAA examiner for the final pilot check flight

8. Provide scheduling and instructor availability.

9. Accommodate up to two pilots in the same contractor owned aircraft at any given time.

10. Post-training assessments to evaluate the effectiveness of the instruction and readiness of participants.

11. Provide each student with a certificate upon successful completion of the coursework required by each level of training. An electronic copy must also be provided to DPS within two weeks of training completion.

B. Training Equipment:

Applicants will be required to provide one or more of the following FAA-certified aircraft and or FAA-approved full-motion Class D simulator and ground instruction to be eligible to apply. The Applicant must be capable of providing initial and recurrent training in the aircraft below for Texas Department of Public Safety (TXDPS) Pilots.

The applicant must demonstrate at least 5 years of experience training in the following aircrafts and the Flight Training Center must be located within 500 NM of Austin, Texas,

• AS350 B3 with single or dual hydraulic system

• H125

• Bell 407GXI

• EC 145

• H145

• Bell 412

• Cessna Caravan 208 (G1000)

• Pilatus PC12 NG/NGX/Pro

• BE300 Type Rating

• King Air 350 (Pro-Line/Garmin 1000NXI)

• Additional aircraft acquired throughout the life of the contract

C. Aircraft and Simulator Training Courses:

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The Contractor must be able to provide one or more of the following training courses. All training must comply with relevant federal, state, and local regulations.

a. Provide an FAA-certified Airbus B3

Initial/Transition/Recurrency/Instructor/NVG/Maintenance course that includes classroom theory, simulator, and or flight training.

b. Provide an FAA-certified Bell 407GXI classroom theory, simulator, and or flight training

c. Provide an FAA-certified EC 145

I n i t i a l / Transition/Recurrency/Instructor/NVG/Maintenance course that includes classroom theory, simulator, and flight training.

d. Provide an FAA-certified H145 classroom theory, simulator, and or flight training.

e. Provide an FAA-certified Bell 412 Initial/ Transition/Recurrency

Instructor/NVG/Maintenance course that includes classroom theory, simulator, and or flight training.

f. Provide Airplane NVG Initial and recurrent courses.

g. Provide Initial/Recurrency/Maintenance ground courses for the King Air 350

(Garmin 1000NXI/Pro-Line)

h. Provide Initial/Recurrency/Maintenance ground courses for the Cessna 208.

i. Provide Initial/Recurrency/Maintenance ground courses for the Pilatus PC- 12NG/NGX/Pro.

j. Additional aircraft training identified throughout the life of the contract.

k. Provide each student with a proficiency certificate upon successful completion of the coursework required by each level of training. An electronic copy must also be provided to DPS within two weeks of training completion.

D. Hoist Training

The Contractor must provide specialized instruction, scenario-based exercises, and any necessary materials to ensure that personnel are proficient in helicopter operations for search and rescue, tactical enforcement, and emergency water evacuations.

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1. Search and Rescue Training

a. The Contractor will design and deliver a comprehensive hoisting and rescue program.

b. Contractor shall utilize personnel qualified to train rescue swimmers, crew chiefs and pilots.

c. Training must cover techniques for hoisting personnel in varying environments (urban, mountainous, maritime).

d. Include scenarios where personnel must be rescued from difficult-to-reach areas, such as cliffs, high-rise buildings, or vessels in open water.

e. Training must include emergency procedures, equipment handling, and safety protocols.

2. Helicopter Water Egress Training

a. The Contractor will deliver training that prepares personnel for safe evacuation from a helicopter in the event of a water landing or crash.

b. Training must include both initial water egress techniques and procedures for rescuing others in water-related emergencies.

c. The program should include simulation of real-world scenarios, focusing on panic control, use of HEADs bottles, equipment handling, and survival skills in water-based emergencies.

E. Utilization

1. DPS has sole discretion to refer training to any enrolled contractor under this solicitation, it determines most qualified to address the required training and timeline.

2. This Solicitation does not guarantee any utilization or referral of any DPS personnel for training with an enrolled Contractor.

F. Qualifications

1. Experience: The Applicant must demonstrate at least 10 years of experience in providing hoisting SAR, aerial use of force, and water egress training for law enforcement or military personnel. Bidder shall have training and operational experience in Airbus H125, Airbus EC-145, H145, and Bell 412 helicopters using the Goodrich hoist system.

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2. Certified Instructors: Instructors must be certified by appropriate industry standards and have experience in law enforcement helicopter operations, SAR, and water egress.

3. Relevant Certifications: The Applicant must hold any necessary certifications, licenses, and accreditations required for training in these specialized areas. (FAA CFI License) The CFI pilots must have verifiable 3-year experience minimum in single engine helicopter hoist operations.

4. Safety Compliance: The Applicant must comply with federal, state, and local safety regulations regarding aircraft operations, training, and emergency procedures.

C.3 TRANSITION

In the event that DPS awards a subsequent 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 Cassandra J.

Cuvelier.

B. The telephone number for the Contract Administrator is 512-424-7486.

C. The email address is Cassandra.Cuvelier@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 (Lisa) Resendez.

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

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C.5 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 50% owned, controlled, and actively managed by a qualifying owner who is a service-disabled veteran as defined by 38 U.S.C. §101(2) and §101(16).;

(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. Contractor 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.

Contractor must also comply with its approved HUB Subcontracting Plan (HSP).

C. Vendor must submit an HSP as part of its application and must comply with implementation of the HSP. Contractor must seek written approval from DPS prior to making any modifications to its HSP.

D. Vendor must submit a complete HSP meeting the good faith effort and supported by the required forms with the application. Applicant’s application will considered non-responsive if the agency forms are not completed in full or are missing from Applicant’s original application.

E. Vendor must provide notice to all subcontractors of their selection as a subcontractor for this Contract. The notice will specify, at a minimum, DPS’s name, the name of the Contract Administrator, this Contract’s assigned contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract, and the expected percentage of this Contract’s total value that the subcontract represents. A copy of the notice will be provided to the HUB Office no later than ten business days after the effective date of this Contract.

F. Contractor must submit to the HUB Office on a monthly basis (by the fifth day of the following month) the Prime Vendor Progress Assessment Report (PAR).

C.6 INSURANCE REQUIRED UNDER THIS 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.

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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.

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SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO APPLICANTS

D.1 APPLICATION PREPARATION INSTRUCTIONS

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

B. As designated in the cover page of this solicitation, applications 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 Applicants. Submission through both methods is not required.

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

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

E. Applications 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). Applicant’s application must be paginated, contain a full table of contents, and have component sections clearly identified by electronic bookmarks.

F. DPS must receive applications 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. Applicant must ensure that its application is clearly labeled.

H. Applicant 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. Applicant must submit all pertinent information directly within its application, information submitted as an internet link is considered non-responsive. Applicant must submit documentation or information within the application.

D.2 SOLICITATION ADDENDA

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

B. Applicant’s failure to timely acknowledge addenda may subject its application to rejection.

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

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

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

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

D. No Applications can be withdrawn after closing date and time without approval by DPS. Should a Application Applicant, after closing time, request its Application be withdrawn, Applicant 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 Applicant’s responsibility to ensure that it submits, and that DPS receives, its complete Application timely. DPS recommends that Applicant submit their complete Application 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 Applications that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any DPS anti-virus or other security software. 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 APPLICATION ACCEPTANCE PERIOD

All applications will be valid throughout the open enrollment period.

D.5 CONTRACT AWARD

DPS intends to award multiple contracts throughout the open enrollment term of this solicitation to qualified applicants whose application meets the requirements of the solicitation.

D.6 CONTRACT TERM

The Contract term will begin on the date the Contract is fully executed and end on August 31, 2030.

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D.7 DPS’S RIGHTS

A. DPS may:

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

2. accept other than the lowest priced Application; and

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

B. Waiver of deviations in any Application will not constitute a modification of this solicitation and will not preclude DPS from asserting all rights against the Applicant for failure to fully comply with all terms and conditions of this solicitation. Copyrighted Applications 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 Application 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 Application submitted in application to this solicitation.

C. DPS reserves the right to reject any one Application or all Applications or portions of Applications submitted to this solicitation.

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

E. All Applications and any content provided by the Applicant 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 Applicants or prospective contractors in the preparation, formulation, or presentation of an Application.

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 Applications 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 Applications received by DPS will remain confidential until the evaluation process is complete.

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

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D.8 APPLICATION SUBMISSION INSTRUCTIONS

D.8.1 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 Application, 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 Applicant 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.8.2 Volume Two – Information Application Section

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

B. Introduction: Clear expression of who Applicant 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 Applicant.

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

2. Business form of Applicant (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 application 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. Applicant must identify and provide in its application a minimum of three references relating to past contracts or projects that are similar in size and scope. Applicant must provide, at a minimum, the name, email address, phone number, and title for each reference provided. Additionally, Applicant 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 Applicant.

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

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

H. Applicant is encouraged to provide a application narrative for each section and subsection, in the format in which requirements are presented, in sufficient detail to clearly demonstrate Applicant’s compliance with all requirements of this solicitation, both technical and administrative. Supplemental justification or documentation can be provided as attachments. Applicant 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.

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I. Business Continuity and Disaster Recovery Plan. Applicant must submit, with its application, descriptions of its business continuity and disaster recovery plan and processes. If DPS awards a Contract under this solicitation, Contractor must submit, within ten days from Contract award, its plans regarding how Applicant 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 an application. Instead, Applicant must clarify a section of the Solicitation as needed through the question-and-answer process in Section D.8.

DPS cannot negotiate terms or conditions and will disqualify any Application with exceptions or assumptions under most circumstances. Instead of including exceptions, Applicants 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. Applicants may not request DPS or Customers to indemnify it.

D.8.3 Volume Three– HUB Subcontracting Plan (HSP)

Applicant must provide a completed HSP as required.

NOTE: Failure to submit the HUB Subcontracting Plan, if applicable, with the appropriate forms will subject Applicant’s application to rejection from further consideration.

D.8.4 Volume Four –Pricing Application

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

D.9 DISCUSSION AND CORRESPONDENCE

A. Applicant 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 applications to the questions.

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

D. Applicant is specifically prohibited from making contact with any DPS personnel other than the Contract Administrator involved in this solicitation for discussing its applications. The only exception is if the Applicant 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.

E. The responsiveness of each application 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 Applicant may result in DPS considering Applicant’s application non-responsive in its entirety.

D.10 APPLICANT 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 application and other information submitted to DPS by Applicant are subject to release as public information by DPS. The application and other submitted information are presumed subject to disclosure unless a specific exception to disclosure under the PIA applies.

If it is necessary for Applicant to include proprietary or otherwise confidential information in its application or other submitted information, Applicant must clearly label that proprietary or confidential information and identify the legal basis for confidentiality.

Merely making a blanket claim that the entire application is protected from disclosure because it contains some proprietary information is not acceptable and will make the entire application 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 application that are considered by Applicant to be proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified by Applicant as proprietary or confidential will be deemed subject to disclosure under the PIA. Applicant will irrevocably deem to have waived, and Applicant agrees to fully indemnify the State of Texas and DPS against any claim of infringement by DPS regarding the intellectual property rights of Applicant or any third party for any materials appearing in the application.

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

A. A complete copy of all of Applicant’s submissions under this solicitation. Applicant must mark this copy’s documents with “Complete Application Documents, [Applicant’s

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Name], DPS SOLICITATION [SOLICITATION Number]. CONTAINS CONFIDENTIAL

INFORMATION.”

B. A complete copy of all of Applicant’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. Applicant must mark this copy’s documents with “For Public Release: Redacted Version of [Applicant’s Name], DPS SOLICITATION [SOLICITATION Number].”

D.11 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.12 ANTICIPATED SCHEDULE OF EVENTS

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

Open Enrollment Period Opens (Posted to DPS Bid Room and Electronic State Business Daily)

The effective date of a Contract, if any, awarded to an Applicant will be determined at the sole discretion of

DPS.

Anticipated Contract Start Date

8/31/2030 Open Enrollment Period Closes

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.com/esbd and the DPS Online Bid Room. Applicant has the responsibility to check the ESBD and the DPS Online Bid Room frequently for updates. Applicant is solely responsible for verifying receipt of its questions, if applicable, and responding by the deadlines stated. A Applicant’s failure to periodically check the ESBD or the DPS Online Bid Room for updates will in no way release the awarded Applicant 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. Questions may only be submitted by email or via the DPS Online Bid Room. DPS intends to post answers to these questions on the ESBD and via the DPS Online Bid Room on or before the date and http://www.txsmartbuy.com/esbd

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SECTION E—SELECTION CRITERIA

DPS will select successful applications in accordance with the best value standard in Tex.

Gov’t Code § 2156.007.

A Applicant’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. Applicant’s may fail this selection criterion for any of the following conditions:

• Failure to meet advertised specifications required statement of work;

• 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.com/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 Applicant.

http://www.txsmartbuy.com/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 HUB Subcontracting Plan (HSP)

F.4 Application for Texas Identification Number (AP-152)

F.5 Direct Deposit Authorization Form (74-176)

F.6 Request for Taxpayer Identification Number and Certifications (W-9)

F.7 Vendor Exceptions Form

F.8 Mandatory Pricing Schedule

F.9 DPS Online Bid Room Vendor Information

F.10 Verification of Experience