ESBD_490073_1771022873730_HHS0015978 CMS_SOW.pdf

Version 1.0 DIR SOW No. HHS0015978 Page 1 of 57

Audrey O’Neill, Commissioner

DIR Statement of Work (SOW) for

Enterprise Content Management (ECM) for Content Management Services (CMS)

SOW No. HHS0015978

Date of Release: February 13, 2026

Responses Due: See Section 3.1 for Schedule of Events

DIR Categories

Enterprise Content Management Products, Software and Services

Version 1.0 DIR SOW No. HHS0015978 Page 2 of 57

Table of Contents Article I. Introduction, Definitions, and Authority

1.1 Introduction

1.2 Definitions

1.3 Authority

1.4 DIR Contract

1.5 Proprietary Purchase

Article II. Requirements

2.1 Description of Services

2.1.1 Solution Storage and Content

2.1.2 Solution Integration

2.1.3 Solution Updates

2.1.4 Solution Modifications

2.1.5 Texas Risk and Authorization Management Plan

2.2 Current State and Detailed Clarifications on Future Components

2.2.1 CMS Context-Diagram and Descriptions

2.2.2 Records Request Management Services and Digital Imaging Services and Solutions

2.3 Data Ownership and Information Security Requirements

2.4 Training

2.5 Transition Out

2.6 Service Level Agreements (SLA) and Associated Remedies

2.6.1 Fundamental Commitment

2.6.2 SLA Industry Standards

2.6.3 Key Performance Measures

2.6.4 Liquidated Damages

2.7 Required Compliance on Reports and Data

2.7.1 Required Report/Data Table

2.7.2 Report Requirements

2.8 Deliverables

Version 1.0 DIR SOW No. HHS0015978 Page 3 of 57

2.9 Work Order Process

2.9.1 Work Orders

2.9.2 Work Order Approval

2.9.3 Work Orders Initiated by DFPS

2.9.4 Approval of Completed Work and Payment

2.9.5 Modification of Work Orders

2.10 Turnover

2.11 Post Award Meeting

2.12 Contract Award, Term, and Historical Compensation

2.12.1 Contract Award and Execution

2.12.2 Contract Term

2.12.3 Contract Amount

2.13 No Guarantee of Volume, Usage, or Compensation

2.14 Governmental Entities

Article III. Administrative Information

3.1 Schedule of Events

3.2 Ambiguity, Conflict, or Discrepancy

3.3 Inquiries

3.3.1 Sole Point of Contact

3.3.2 Prohibited Communication

3.3.3 Exception to Sole Point of Contact

3.3.4 DIR SOW Questions

3.4 Response Composition

3.4.1 General Information

3.4.2 Page Limit and Supporting Documentation

3.4.3 Discrepancies

3.4.4 Exceptions

3.4.5 Assumptions

3.4.6 Binding Offer

3.5 Response Submission and Delivery

3.5.1 Deadline

Version 1.0 DIR SOW No. HHS0015978 Page 4 of 57

3.5.2 Submission Options

3.5.3 Submission Checklist

3.5.4 Labeling and Delivery for USB Submission and Other Materials

3.5.5 Modifications and Withdrawals

Article IV. DIR SOW Response Evaluation and Award Process

4.1 Conformance with State Law

4.2 Best Value Determination

4.2.1 Selection Methodology

4.2.2 Minimum Qualifications

4.2.3 Initial Compliance Screening

4.2.4 Written Response Evaluation

4.2.5 Written Response Evaluation Criteria

4.2.6 Best and Final Offer

4.2.7 Final Written Response Score

4.2.8 Additional Selection Consideration

4.2.9 Summary of Best Value Determination

4.3 Questions or Requests for Clarification

Article V. Narrative Proposal/Technical Proposal

5.1 Narrative Proposal

5.1.1 Executive Summary

5.1.2 Project Work Plan

5.1.3 Key Personnel Staffing Profile

5.2 Technical Proposal

5.2.1 Technology Architecture

5.2.2 System Availability and Capacity

5.2.3 Software and Hardware Components

5.2.4 System Integration

5.2.5 System Support and Maintenance

5.2.6 System Security and Disaster Recovery Plan

5.2.7 Performance Monitoring and Management

5.2.8 Appendices

Version 1.0 DIR SOW No. HHS0015978 Page 5 of 57

5.3 Accessibility

Article VI. Required Respondent Information

6.1 Company Information

6.1.1 Company Narrative

6.1.2 Company Profile

6.2 References

6.3 Major Subcontractor Information

6.4 Certifications, Affirmations and Assurances

6.5 Other Reports

6.5.1 Dun and Bradstreet Reports

6.5.2 Financial Statements and Financial Solvency

6.5.3 Alternate Report

6.6 Corporate Guarantee

6.7 HUB Subcontracting Plan

6.8 TX-RAMP Documentation

Article VII. Cost Proposal

7.1 Cost Proposal

Article VIII. General Terms and Conditions

8.1 General Conditions

8.1.1 Changes, Modifications, and Cancellation

8.1.2 Offer Period

8.1.3 Costs Incurred

8.1.4 Contract Responsibility

8.1.5 Public Information Act - Respondent Requirements Regarding Disclosure

8.1.6 Respondent Waiver – Intellectual Property

8.1.7 Standards of Conduct for Vendors

8.1.8 Disclosure of Interested Parties

8.2 Insurance

8.2.1 Required Coverage

8.2.2 Alternative Insurability

8.3 Supplemental Required Contract Clauses

Version 1.0 DIR SOW No. HHS0015978 Page 6 of 57

8.3.1 COVID-19 Vaccination

8.3.2 Gender Transitioning and Gender Reassignment Procedures and Treatments for Certain Children – Prohibited Use of Public Money; Prohibited State Health Plan Reimbursement

8.4 Protest

Article IX. List of Exhibits

Version 1.0 DIR SOW No. HHS0015978 Page 7 of 57

ARTICLE I. INTRODUCTION, DEFINITIONS, AND AUTHORITY

1.1 INTRODUCTION

The State of Texas, by and through the Texas Health and Human Services Commission (HHSC) on behalf of the Department of Family and Protective Services (DFPS), is seeking a qualified Contractor to provide Records Management Services, including Document Management Services and Technology Integration.

HHSC Procurement and Contracting Services (PCS) will administer the procurement process for this DIR SOW, which includes DIR SOW distribution, handling of communications from vendors, as well as managing the receipt of Responses for review and evaluation.

To be eligible to respond to this DIR SOW, Respondent must hold a relevant DIR contract under applicable DIR category.

Prior to award of the Contract, Respondent must obtain TX-RAMP Level 2 certification. TX- RAMP Provisional Status does not satisfy the TX-RAMP Certification Level 2 requirement. For this Solicitation, HHSC shall not provide “agency-sponsored” TX-RAMP Provisional Status certification to any Respondent.

Information regarding HHSC and its programs is available online and can currently be accessed at https://hhs.texas.gov.

1.2 DEFINITIONS

Refer to Exhibit B, DFPS Vendor Uniform Terms and Conditions, Exhibit C, DFPS Vendor Supplemental and Special Conditions, Exhibit I, DFPS Data and System Security Requirements, Exhibit J, CMS Business and Technical Requirements, and Exhibit P, DFPS Uniform Digital Accessibility Requirements, for additional definitions.

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

“Addendum” means a written clarification or revision to this DIR SOW issued by HHSC PCS and emailed to vendors.

“Agile” means Agile project management which is an iterative approach to delivering a project throughout its life cycle. Agile life cycles are composed of several iterations or incremental steps towards the completion of a project.

“Award Consideration (AC) Documents” means documents Respondent must submit as part of the DIR SOW Response to be considered for negotiations or award.

https://hhs.texas.gov/

Version 1.0 DIR SOW No. HHS0015978 Page 8 of 57

“Business Day” means any day (24-hour period) in which normal business operations of HHSC are conducted (e.g., excludes weekends and the national holidays specified in Section 662.003(a) of the Texas Government Code).

“Business Hour” means a clock hour during the standard business hours 8:00 AM to 5:00 PM of a Business Day.

“Calendar Day” means every day on the calendar, i.e. all 365 days of the year (366 if it is a leap year).

“Configurable” means configurable by the end user administrators, without the need for involvement.

“Contract” means the contract resulting from this DIR SOW.

“Contractor” means the Party selected to provide the Goods or Services to the State under this Contract.

“Contract Term” means the duration of the Contract, including any exercised extensions or renewals, commencing on the Effective Date, and ending when the Contract expires in accordance with its terms, or when it has been terminated.

“Deliverable” means a Work Product(s), including all reports and project documentation, prepared, developed, or procured by Contractor as part of the Services under the Contract for the use or benefit of the System Agency or the State of Texas.

“DFPS” means the Department of Family and Protective Services.

“DIR SOW” means this Statement of Work including any forms, attachments, exhibits, and Addenda, if any. Also, may be referred to as “Price Request” or “PR” in this DIR SOW, including any forms, attachments, exhibits, and Addenda, if any.

“DIR SOW Consideration (SC) Documents” means documents that must be submitted by Respondent with the Response in order to be considered for evaluation and cannot be resubmitted or have errors remedied after the submission due date and time in the Schedule of Events has passed.

“DSHS” means the Department of State Health Services.

“Effective Date” means the date agreed to by the Parties as the date on which the Contract takes effect.

“Final Written Response Score” refers to the final scoring of the written Response as documented in the DIR SOW.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.662.htm#662.003

Version 1.0 DIR SOW No. HHS0015978 Page 9 of 57

“Goods” means supplies, materials, or equipment.

“HHSC” means the Health and Human Services Commission.

“HHSC PCS” means Procurement and Contracting Services (PCS), a division of HHSC.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required to be submitted with all responses to State agency contracts with an expected value of $100,000 or more where the State agency has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by the State agency during the term of the Contract.

“IC” means initial costs.

“Imaging” means digitization of agency records, including scanning of physical paper records and converting and uploading audio, video, photos, and other files.

“Internal User” means a DFPS full time or contracted employee or employee of a contracted Respondent.

“Key Personnel” means the individuals that are employed by Contractor and are designated to support the management of Managed Services Staff.

“Managed Services Staff” means the individuals contracted by Contractor who will perform the Services under the Contract.

“OC” means ongoing costs.

“Parties” means the System Agency and Contractor, collectively.

“Party” means either the System Agency or Contractor, individually.

“Respondent” means the individual or entity responding to this DIR SOW.

“Response” means Respondent’s full and complete response (including any attachments and addenda) to this DIR SOW, which is incorporated by reference for all purposes in its entirety.

“Services” means the tasks, functions, and responsibilities assigned and delegated to Contractor under the Contract.

“Solution” means the set of systems, processes, technologies, and/or actions designed to meet a specific business or technical requirement and solve and identify problems or need.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

Version 1.0 DIR SOW No. HHS0015978 Page 10 of 57

“Source Material” means the materials delivered to and received by the successful Respondent to digitally image or upload, including paper, CDs, DVDs, VHS, cassette, and other media and storage devices.

“State” means the State of Texas and its instrumentalities, including HHSC or DSHS, and any other State agency, its officers, employees, or authorized agents.

“State Fiscal Year” means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas.

“System Agency” means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under State law and the officers, employees, authorized representatives, and designees of those agencies. These agencies include: HHSC and the Department of State Health Services.

“Terabyte” or “TB” means a measure of computer storage capacity that is approximately 2 to the 40th power, or 10 to the 12th power, which equals approximately a trillion bytes. A Terabyte is more precisely defined as 1,024 gigabytes (GB), while a petabyte consists of 1,024 TB.

“Transition Out” means the orderly and expeditious handoff of services to the subsequent contractor at the end of the Contract.

“TX-RAMP” means the Texas Risk and Authorization Management Program established by DIR that provides a standardized approach for security assessment, authorization, and continuous monitoring of cloud computing services that process the data of State of Texas agencies.

“Work Order” means a written document, initiated by DFPS, that outlines additional tasks related to the CMS scope of work but not identified in the SOW (i.e., enhancements, modifications, or updates).

“Work Product” means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software, programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the Deliverables, that are developed, produced, generated, or provided by Contractor in connection with Contractor’s performance of its duties under the Contract or through use of any funding provided under this Contract.

Version 1.0 DIR SOW No. HHS0015978 Page 11 of 57

“VPTS” means Vendor Performance Tracking System, as defined under Section 2262.055 of the Texas Government Code and Title 34 of the Texas Administrative Code Part 1, Chapter 20, Subchapter B, Division 2, Rule §20.115 and Subchapter F, Division 2, Rule §20.509.

1.3 AUTHORITY

HHSC is soliciting the Services stated in this DIR SOW under the authority of Section 2157.068(e-

1) of the Texas Government Code.

1.4 DIR CONTRACT

This DIR SOW is subject to the DIR contract between the competitively selected Respondent (the “Contractor”) and DIR (the “DIR contract”), as mutually agreed-upon with their published DIR contract. This DIR SOW, including the DIR contract and all documents attached or incorporated by reference, make up the entire “Contract”.

1.5 PROPRIETARY PURCHASE

DFPS believes that the requested services in this SOW may be proprietary to one vendor under Section 2155.067 of the Texas Government Code; however, DFPS strongly encourages offers from all qualified Respondents that may be able to provide the requested services.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2157.htm#2157.068 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2157.htm#2157.068 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.067

Version 1.0 DIR SOW No. HHS0015978 Page 12 of 57

ARTICLE II. REQUIREMENTS

2.1 DESCRIPTION OF SERVICES

The Texas Health and Human Services (HHS) System is comprised of more than forty-one thousand (41,000) public servants under two (2) agencies: HHSC and DSHS. HHSC, as authorized by applicable statute, provides administrative support to certain State agencies such as DSHS and DFPS. Users of the Services described in this DIR SOW may include State employees, contractors, and volunteers as well as HHSC-designated entities (e.g., private provider staff). The DIR SOW describes DFPS’s business requirements, technical requirements, service level requirements and other information related to DFPS’s environment.

2.1.1 Solution Storage and Content

Contractor must provide a solution that continues coverage of the current state of CMS utilized by the agency and allows for maintenance and future growth. The scope of services includes, but is not limited to the services listed in Table 1 - Content Management Services and requirements (a through k) listed below in Section 2.1.1:

Table 1 – Content Management Services

Product/Service Description Content Repository Hosting Central Hosting of content (including routine backups)

Content Repository Hosting (redundant)

Redundant hosting at alternate location

Offline Storage (Near-time Storage)

Minimum 12 months. Access/Retrieval once a quarter.

Online Storage Cost to store content that is online, "real time" Adding Electronic files to repository

Cost to add an uploaded file into the repository

Recovery of files Cost to recover files that were unintentionally deleted by a user

Content Repository Maintenance Repository updates and maintenance (includes all services provided (e.g. mobile, backend))

Mobile capture and store in ECMS Cost to capture and place file in storage Convert to searchable PDF (Optical Character Recognition)

Searchable PDF file created by applying text recognition technology; Respondent must indicate when OCR would be used and under what circumstances.

Version 1.0 DIR SOW No. HHS0015978 Page 13 of 57

Enhanced OCR Searchable PDF file created by applying machine text and handwriting recognition using AI-powered technology; Respondent must indicate when Enhanced OCR would be used and under what circumstances.

Intelligent Indexing Index documents based on a variety of criteria, including format and detection of OCR'd text

Template-based Indexing Index documents based on a set, defined template Auto Document Classification Automatic classification of documents (Artificial

Intelligence) Bates Stamps/Electronic Labeling Processing of images to add bates stamps/numbering or similar electronic labeling.

Searchable Video Image Processing Including ability to search for image objects within the video stream File Conversion Convert uploaded documents, audio, or video to another file type for storage in the repository Data Exchange Compatible and secure electronic data exchange (EDE) Data Export Cost to export data from the CMS to another digital repository or digital storage device such as a hard drive.

Data Purging Cost to purge data from the system.

SaaS Subscription Subscription fee for SaaS provided as part of these services Labor Costs for application development and ongoing upgrades

Must include and indicate per hour rate for each position type; See Exhibit N (OC-20)

Technical Support Ongoing technical support for all products and services.

Training (In Person) In-person training for users Training (Recorded Webinar) Recorded webinar delivered to DFPS in a compatible format for DFPS distribution, or shared via streaming service

Training (Documentation & Manuals)

All documentation and user manuals

Customized report Customized reports to be provided on request, when an existing report functionality cannot provide the needed data from the application

Needs Assessment and Analysis Project Planning Report, future state description, and related documentation

Content Repository Hosting (Cold Storage)

Central hosting of content (including routine backups) on a platform not connected to the internet

a. Storage capabilities of at least 600TB with assumed growth each month;

Version 1.0 DIR SOW No. HHS0015978 Page 14 of 57

b. Optimized storage design, such that frequently accessed content (at least 25% of total) is immediately available;

c. Storage of DFPS documents, photos, audio, and video (DFPS Records), and a full backup of these DFPS Records in a separate repository;

d. A seamless portal that is launched from the agency’s Case Management System, allowing upload, view, keyword search, and download of DFPS Records for over eight thousand (8,000) DFPS staff and contractors;

e. Multiple ways for digital content to be indexed within the agency’s CMS including:

1. Manual, by field entry or tag;

2. Barcode;

3. Dynamic autofill (for example, based on a shared data point); and

4. Intelligent automatic indexing.

f. Records Management features, including integrated retention schedule, litigation hold controls, purging workflow, etc.;

g. Allow users to configure workflows and notifications;

h. Allow permanent or nonpermanent annotations to be added to documents and photos in the repository;

i. Allow DFPS administrator control, including control of organization of files in the CMS and ability to add new record series and categories, to edit their respective characteristics (required fields, drop-down options, etc.);

j. Integration with hardware and applications used by DFPS, including but not limited to, Legacy IMPACT, IMPACT 2.0, Apple iPhones, etc.; and

k. Submission of and compliance with a System Security and Disaster Recovery Plan, as required by Section 5.2.6 (System Security and Disaster Recovery Plan).

2.1.2 Solution Integration

Contractor must ensure integration with other DFPS or third-party hardware and applications.

Current integration efforts of CMS include:

a. Single user sign-on, for all applications within the solution;

b. Integration with DFPS proprietary applications, especially with the agency’s Case

Management system (IMPACT Legacy and IMPACT 2.0) to allow for confirmation of data entry accuracy, intelligent indexing, and auto population of information;

c. Integration with DFPS proprietary applications, especially with the agency’s Case Management system (IMPACT Legacy and IMPACT 2.0) to create and manage a seamless portal for users to conduct specific functions within the CMS;

d. Integration with a third-party application(s) the agency uses to manage Records Requests (STARRS and STARRS NDE), to allow users to request records and view the status of their request through the seamless portal within the agency’s Case Management System (IMPACT Legacy and IMPACT 2.0); and

Version 1.0 DIR SOW No. HHS0015978 Page 15 of 57

e. Integration with a CMS solution, currently NeuDocs Enterprise (NDE) which will store digitized material.

2.1.3 Solution Updates

Contractor will be responsible for ensuring maintenance as well as any enhancements, modifications and/or updates continue to work with all components of the solution.

2.1.4 Solution Modifications

Contractor must communicate with and seek approval from DFPS prior to modifying, editing, updating, and/or deploying any functionalities.

2.1.5 Texas Risk and Authorization Management Plan

Commencing on the Effective Date and during the Contract Term, Contractor must provide Solution that comply with TX-RAMP Certification Level 2. Contractor acknowledges that TX-RAMP Provisional Status does not satisfy the TX-RAMP Certification Level 2 requirement.

2.2 CURRENT STATE AND DETAILED CLARIFICATIONS ON FUTURE COMPONENTS

2.2.1 CMS Context-Diagram and Descriptions

Exhibit K, CMS Context-Diagram and Descriptions, describe the current state of DFPS’s CMS solution. The CMS solution is currently hosted in an Amazon Web Services (AWS) cloud computing platform.

2.2.2 Records Request Management Services and Digital Imaging Services and Solutions

DFPS currently receives Content Management Services (CMS), Records Request Management Services (RRMS), and Digital Imaging Services and Solutions (DISS) from a single contractor.

These three areas of service interrelate at several points.

RRMS and DISS have executed contracts and include:

a. Supporting Services for Records Request Management Services;

1. Automatic population of records requests submitted via webform or the seamless Case Management interface;

2. Customized and Configurable dashboards for users to manage their workload;

3. Ability for users to manually add new records requests and details to customized fields;

Version 1.0 DIR SOW No. HHS0015978 Page 16 of 57

4. Ability to ingest a Data Feed from the Case Management System to populate related data and cross-reference requests with shared Case Identified (ID) data;

5. Ability to upload completed records requests into the system and share specific files with requesters internally;

6. Configurable workflow behaviors and drop-down items;

7. Automated password reset for users;

8. Automated account creation for new internal users who are receiving a completed records request; and

9. Tracking the status of a request.

b. Supporting Services for Digital Imaging Services and Solutions:

1. Desktop scanning;

2. Production (high-volume) scanning;

3. Conversion of legacy media formats to digital files;

4. Applications for tracking source material as it moves through the imaging process;

5. Ability to process a Data Feed from the Case Management System to ensure accurate entering of Case IDs and other data; and

6. Detailed reporting of source material status, history, scanning activities, etc.

2.3 DATA OWNERSHIP AND INFORMATION SECURITY REQUIREMENTS

DFPS retains ownership of all DFPS Records related to the SOW and resulting Contract. The Contractor’s work related to DFPS’s Records, and any and all documentation or other products and results of the services to be rendered by Contractor, are considered to be the property of DFPS.

While performing services under the resulting Contract, the Contractor is strictly prohibited from utilizing any products, tools, or services that employ artificial intelligence (AI), machine learning (ML), or any other form of automated decision-making technologies without the prior written authorization of DFPS. Additionally, the Contractor must not use, access, or process any DFPS Records or data for the development, training, testing, or refinement of AI, ML, or related models under any circumstances without express written authorization from DFPS. Any unauthorized use of DFPS data or records for AI, ML, or similar technological purposes will be considered a material breach of contract.

By entering into a contract or purchase order with DFPS as a result of this SOW, Contractor agrees to be bound by the terms of Exhibit C, DFPS Vendor Supplemental and Special Conditions, and the DFPS Data and System Security Requirements attached as Exhibit I.

Version 1.0 DIR SOW No. HHS0015978 Page 17 of 57

2.4 TRAINING

Contractor must include a training process on how DFPS staff, including IT, program, and administrative staff, Contractors, volunteers, and other third parties, may be trained when necessary, or as requested by DFPS. Training may be provided online or in a classroom. Training may also include video, virtual, and Train-the-Trainer sessions.

At least thirty (30) Calendar Days before the scheduled training begins, all curriculums must be submitted to DFPS for review and approval.

DFPS expects that all training materials will be kept current with any system changes, including revision change logs for manual updates. DFPS users shall be able to access updated online training curricula throughout the Contract.

DFPS RESERVES THE RIGHT TO CHOOSE THE METHOD OF TRAINING

DELIVERY, EITHER IN A WRITTEN FORMAT, A DEMONSTRATION OF THE NEW,

UPDATED OR REVISED MAINTENANCE REMEDIES, OR BOTH. SYSTEM

MANUALS MUST BE PROVIDED ELECTRONICALLY TO DFPS FOR

DISBURSEMENT TO DFPS STAFF.

2.5 TRANSITION OUT

Upon DFPS’s notification that the current Contract is being Transitioned Out to a subsequent contractor, the Contractor is responsible for facilitating the successful transition, as determined solely by DFPS, of all DFPS Records and application data to DFPS and/or a subsequent contractor(s), within 180 Calendar Days, as referenced in the steps below.

The transition services shall commence no later than 180 Calendar Days prior to the expiration or termination of the Contract and must be completed on or before the expiration or termination of the Contract.

The Contractor must perform these transition services at no cost to DFPS.

a. Contractor must provide a draft of a Transition Out Plan within thirty (30) Calendar Days upon request by DFPS. The Transition Out Plan must follow industry and best practice standards.

Contractor must include, at a minimum, step-by-step processes, timelines, involved parties’ responsibilities, knowledge transfer, training, and functional requirements to ensure the transition of all DFPS Records and application data. The Transition Out Plan must include, without limitation:

1. Issues that need to be addressed during the transition;

Version 1.0 DIR SOW No. HHS0015978 Page 18 of 57

2. Recommended solutions and the development of a plan for the issues which need to be addressed during the transition.

3. Description of the Contractor’s, including Subcontractors’, roles, and responsibilities.

4. A schedule for transition activities, with timelines and milestones specified for key tasks.

5. An outline of procedures to be followed during the transition.

6. The method of identifying, documenting, and transferring Managed Services Staff

(if applicable).

7. Contractor’s point of contact and procedures for managing problems or issues during the transition, including Contractor’s escalation contact.

8. An outline of the contingency plan for failed transition of Services to DFPS or

DFPS’s subsequent vendor. Components of this requirement must include Contractor’s decision-making process and a plan for continuation of Services.

9. Details of all hardware (if applicable) and associated operating software requirement necessary to support all applications;

10. Details of all platform and development software necessary to support, maintain, and administer all application testing, application production, and application monitoring environments;

11. Details of all network hardware (if applicable) and software necessary to support, maintain, and monitor all application testing, application production, and application monitoring environments; and

12. Details to ensure all application data can integrate with DFPS, or other identified entities’ systems using standard web services or provide application programming interface (API) tools that can be incorporated into DFPS or other identified entities’ applications or secure file transfer protocol with data encryption.

b. No later than thirty (30) Calendar Days after DFPS’s request, the Contractor, as part of the application maintenance and support requirements, must provide a detailed Transition Out Plan for transitioning all DFPS Records, applications, data, software, and documentation, in whole or in part, to the subsequent contractor, DFPS, or other entity.

Contractor must provide a hard bound copy and soft copy via email in a searchable PDF format of the Transition Out Plan to DFPSITBusinessOffice@dfps.texas.gov:

1. Upon receipt of the draft Transition Out Plan, DFPS will review it and provide feedback to Contractor within fifteen (15) Business Days of receipt. DFPS and Contractor will negotiate any issues, requirements, or concern in order to meet DFPS’s transition needs prior to finalizing the Transition Out Plan;

2. As a result of such discussion, Contractor must modify the draft Transition Out Plan and return the draft Transition Out Plan to DFPS for review that will be completed mailto:DFPSITBusinessOffice@dfps.texas.gov

Version 1.0 DIR SOW No. HHS0015978 Page 19 of 57 within fifteen (15) Business Days. The editing of the Transition Out Plan will continue until such time that DFPS provides approval of the Transition Out Plan.

DFPS must approve the Transition Out Plan that Contractor uses; and

3. Upon DFPS’s approval, DFPS will notify Contractor of its acceptance of the Transition Out Plan in writing and upon such written acceptance, the Transition Out Plan will be incorporated by reference into the Contract.

c. DFPS will ensure cooperation on the part of any subsequent contractor, other entity, or DFPS personnel, depending on the entity to which DFPS directs all or part of this Contract to be transitioned; however, the Contractor must maintain responsibilities for all tasks, Deliverables, and performance under this Contract during the transition period. Contractor must provide DFPS with access to the DFPS Records until the transition is complete.

At the end of the transition period, or earlier, depending on DFPS approvals, the subsequent contractor, other entity, or DFPS will assume full responsibility for all tasks, Deliverables, and performance as directed by DFPS:

1. During the Contract term, additional updates to the Transition Out Plan may be required due to information, processes, or issues that originally were not included or addressed in the Transition Out Plan. Updates to the Transition Out Plan will follow the same DFPS review and approval process stated above;

2. Knowledge transfer must occur over the entirety of the transition period. The knowledge transfer must take place by various methods as mutually agreed upon. The Contractor must, at a minimum, coordinate and conduct two formal classroom training sessions at a location mutually agreed upon by DFPS and the subsequent contractor. These sessions will focus on the specific Transition Out Plan requirements and any other tasks or activities identified by Contractor and DFPS as needed, to ensure a successful transition of technology necessary to continue applications operations. Training sessions will be completed no later than sixty (60) Calendar Days prior to the end of the transition period. Contractor, DFPS, and the subsequent contractor, or other entity, must meet a minimum of once per week to determine if further training or knowledge transfer is required;

3. Upon receiving notice from DFPS, Contractor must complete transition to the subsequent contractor within 180 Calendar Days. DFPS will make the determination of when the transition is complete and will provide the Contractor and the subsequent contractor or other entity with formal written acceptance, indicating such transfer of responsibilities. The formal transfer of duties will be documented, in writing, through a contract amendment or other contract document, to include acceptance signatures from DFPS, the Contractor, and the subsequent contractor or other entity; and

Version 1.0 DIR SOW No. HHS0015978 Page 20 of 57

4. Activation of the Transition Out Plan, approved by DFPS under the Contract, will begin on the Contractor’s receipt of written notification from DFPS that the Transition Out Plan is approved. Contractor must comply with all contractually agreed upon conditions including those listed in the approved Transition Out Plan.

Contractor’s failure to comply will constitute a material breach of the Contract and will result in liquidated damages in accordance with Section 2.6.4 (Liquidated Damages).

2.6 SERVICE LEVEL AGREEMENTS (SLA) AND ASSOCIATED REMEDIES

2.6.1 Fundamental Commitment

DFPS’s fundamental commitment is to contract for positive results – whereas a successful result is defined as the generation of discrete, defined, measurable, and beneficial outcomes that support System Agency Mission and Objectives and satisfy the requirements of the resulting contractual agreement.

DFPS will monitor the performance of the contract (also known as "Performance Monitoring”) issued under this SOW based on established service period reporting that must include, but are not limited to the following:

a. Experience, Professionalism, and Solutions for providing SOW Deliverables;

b. No or Minimum Impact to Productions Systems, if applicable;

c. On-time, Detailed and Accurate Reporting; and

d. Discrete, Well Defined, Realistic, Meaningful, and Measurable Recommendations that support Project success.

2.6.2 SLA Industry Standards

The items listed below are areas considered essential for maintaining service levels and should be incorporated into the Respondent's proposal concerning the fulfillment of CMS SLAs at industry standards:

a. Achievement of Budget Goals (total and subtotals);

b. Achievement of Schedule Goals (final and interim);

c. Security (as defined by customer);

d. Quality (as defined by customer);

e. Availability (data, system, and components);

f. Performance (transmission, response, or completion times);

g. Meantime to Resolution (MTR);

h. Business Continuity;

i. ISO/ANSI/IEEE standards;

j. Required communications (meetings, reports, calls, emails);

k. Required documents (plans, estimates, schedules, analyses);

l. Degree of accuracy of estimates (schedule, budget, resources, total);

Version 1.0 DIR SOW No. HHS0015978 Page 21 of 57

m. Effective risk management and response (adherence to plans);

n. Effective scope management and change control (adherence to plans);

o. Data quality (fitness for use, accuracy, precision, completeness);

p. Ad hoc query response (usually written in terms of averages);

q. Reliability (queries generate same valid results);

r. Consistency (calculations and definitions are consistent regardless of source or function);

s. Acceptable usage (query controls);

t. Correct mapping of old to new (no functions or data lost that were not planned to retire), if applicable; and

u. Previous software, system, or service retired on time, if applicable.

2.6.3 Key Performance Measures

The Key Performance Measures associated with the CMS SLAs for this Solicitation are included as Exhibit L, SLA Key Performance Measures.

2.6.4 Liquidated Damages

It is essential to DFPS’s daily operations that DFPS has access to the records being stored and maintained by the Contractor. Additionally, it is critical that DFPS maintains access to all records when transitioning records to a new Contractor as part of the Transition Out Plan.

DFPS is entitled to demand a set monetary amount determined to be a fair and equitable repayment to the agency for loss of service due to Contractor’s failure to meet Contract requirements. Because actual damages are difficult to calculate, the following liquidated damages are intended to estimate actual damages and not to penalize Contractor.

In the event that DFPS Records are inaccessible despite the Contractor’s System Security and Disaster Recovery Plan (Section 5.2.6), Contractor understands DFPS may assess liquidated damages in accordance with Section 2.6.4 (Liquidated Damages).

Contract Requirement

Contractor’s Failure to Meet Contract Requirements

Monetary Amount Occurrence

Section 2.1.1 – Storage of at least 600 TB of DFPS Records with assumed growth each month.

Contractor loses or destroys DFPS Records while in the Contractor’s possession.

Cases lost or destroyed with a retention period up to 20 years, $1,000;

cases lost or destroyed with a retention period from 20 to 99 years, $5,000.

Per case

Version 1.0 DIR SOW No. HHS0015978 Page 22 of 57

Section 2.1.1(a)- Storage capabilities of at least 600TB with assumed growth each month.

Section 2.1.1(b) - Optimized storage design, such that frequently accessed content (at least 25% of total) is immediately available.

Section 2.1.1(c)- Storage of DFPS documents, photos, audio, and video (DFPS Records), and a full backup of these DFPS Records in a separate repository.

Section 5.2.6 – System Security and Disaster Recovery.

DFPS records are inaccessible while in the Contractor’s possession.

10% of monthly invoiced storage fees for the length of time that the records are inaccessible; DFPS current cost is, on average for FY25, $300,000; this LD would be approximately $30K per week

Per week

Section 2.5 – Transition Out

Contractor fails to meet deadlines in the Transition Out Plan.

$100 Per Calendar Day

2.7 REQUIRED COMPLIANCE ON REPORTS AND DATA

The awarded Contractor must submit the reports and all additional Contractor documentation requirements in this section during this Contract. These reports may be revised, or additional ones may be added, at DFPS’s sole discretion.

Version 1.0 DIR SOW No. HHS0015978 Page 23 of 57

2.7.1 Required Report/Data Table

Frequency Due Date Report Item Authority DFPS Personnel to Receive Report

Monthly 5th Business Day of Month

HSP Contractor Progress Assessment Report (PAR) Form

Section 6.7 Contract Manager and HUB Coordinator

Annual Prior to contract execution and again within 120 Calendar days after the end of Contractor’s fiscal year.

Financial Rating Reports SOX Audits (if applicable)

Section 6.5 Contract Manager

Weekly Monday by the end of the Business Day

Progress Reports of work completed during the previous week

Section 2.7.2 Contract Manager

Weekly Monday by the end of the Business Day

System availability and capacity reporting any downtime or system failures during the previous week

Exhibit L Contract Manager

Other Upon completion of any awarded Contractor audit completed by any third-party entity

Audit Reports* Section 6.5.2 Contract Manager

Other Prior to award and annually during the Contract Term

Written certifications for security and CJIS security awareness training.

Articles 6(E) and 10(B) of the Exhibit I.

Contract Manager

Other As Issued Audit Reports* related to services provided under this Contract completed by an External Entity

Sections 6.5.2 Contract Manager

*Audit Reports: If the awarded Contractor receives Audit Reports during the life of this Solicitation’s contract, they will be provided to DFPS. Reference DFPS Uniform Terms and Conditions, Exhibit B (DFPS Vendor UTCs December 2025), as applicable.

Version 1.0 DIR SOW No. HHS0015978 Page 24 of 57

2.7.2 Report Requirements

Weekly progress reports must include the status of the overall Contract to include milestones and deliverables not just as related to Business Requirements (BRs) or Technical Requirements (TRs).

If Contractor is not meeting a deliverable or milestone on time, Contractor must include details of why, when Contractor can meet the requirement, and a new estimated completion date.

2.8 DELIVERABLES

The CMS project must include, at a minimum, the following deliverables. However, Respondent may propose any additional deliverables necessary for successful continuation of this project:

a. Respondent must provide a detailed process for maintaining the as-is functionality described in Exhibit K, CMS Context-Diagram and Descriptions;

b. Respondent must complete Exhibit J, CMS Business and Technical Requirements, as described in Section 2.1. The Contractor’s entries must include a short description of how it can comply with each of the BRs and TRs and how it will implement the capability;

c. Respondent must provide any necessary exhibits to further illustrate its narrative on how its Solution works, responds, and returns data; and

d. Respondent must provide a draft Transition Out Plan as noted in Section 2.5

2.9 WORK ORDER PROCESS

2.9.1 Work Orders

During the Contract Term, DFPS may request Contractor to perform enhancements, modifications and/or updates within the Scope of Work of this DIR SOW that are not identified in this SOW, expressly authorized under a Work Order, a sample of which is attached as Exhibit M, Work Order Sample.

All Work Orders must be in writing, signed by Parties, include a scope of services, a list of tasks to be performed by Contractor, a time schedule, a list of deliverables if any, a monitoring plan to confirm all deliverables have been addressed, and such other information or special conditions as may be necessary for the work requested.

2.9.2 Work Order Approval

Work Orders shall be initiated by DFPS. DFPS has the sole decision of whether to proceed with the Work Order. All Work Orders must be signed by DFPS and the Contractor prior to starting any work. Work Orders will be submitted in a format set forth in Exhibit M, Work Order Sample.

Version 1.0 DIR SOW No. HHS0015978 Page 25 of 57

2.9.3 Work Orders Initiated by DFPS

When a Work Order is initiated by DFPS, it will be submitted to the Contractor's points of contact listed in the Contract. The Contractor will provide a project plan and cost estimate to DFPS for review and approval. If approved, the Work Order will be signed by DFPS and Contractor points of contact and Contractor will proceed with completion of the work.

2.9.4 Approval of Completed Work and Payment

Upon completion of the work, DFPS will review and approve the Work Order work performance, and once written approval is received, the Contractor will provide the invoice for payment and include the approval document.

2.9.5 Modification of Work Orders

Should DFPS or Contractor determine whether a Work Order must be amended, the Contract Specialist must be notified immediately. The process described in Section 2.9.4 above will be followed and if approved, an amendment will be written and executed by both parties. Once approved it will be returned to the Contractor for its files and as permission to move forward with the modified Work Order.

2.10 TURNOVER

See Section 2.5 (Transition Out).

2.11 POST AWARD MEETING

Contractor must attend the post-award meeting, coordinated by DFPS, to be held within ten (10) Calendar Days of the Contract Effective Date. Contractor shall ensure that the following Key Personnel attend the post-award meeting:

a. Project manager;

b. Hiring manager;

c. Invoicing manager; and

d. Any other Contractor staff that are assigned to the Contract by Contractor to support the management of CMS.

2.12 CONTRACT AWARD, TERM, AND HISTORICAL COMPENSATION

2.12.1 Contract Award and Execution

DFPS intends to award one Contract as a result of this DIR SOW. Any award is contingent upon approval of the DFPS executive commissioner or their designee.

Version 1.0 DIR SOW No. HHS0015978 Page 26 of 57

If, for any reason, a final Contract cannot be executed with a Respondent selected for award within ten (10) Business Days of DFPS’s determination to seek to contract with that Respondent, DFPS may negotiate a Contract with the next highest-scoring Respondent or may withdraw, modify, or partially award this DIR SOW.

2.12.2 Contract Term

The initial term of any Contract resulting from this SOW will be two (2) years. DFPS at its sole discretion, may renew any Contract awarded pursuant to this SOW for one (1) optional one (1) year term.

Notwithstanding the limitation in the preceding paragraph and with at least thirty (30) Calendar Days’ advance written notice to Contractor, at the end of the initial term or any renewal period, DFPS, at its sole discretion, may extend this Contract as necessary to ensure continuity of service, for purposes of transition, or as otherwise determined by DFPS to serve the best interest of the State for up to 12 months, in one-month intervals, at the then-current Contract rate or rates (if applicable) as modified during the term of the Contract.

2.12.3 Contract Amount

DFPS will set the initial total compensation under any awarded Contract with the not to exceed (NTE) amount identified at Contract award. However, notwithstanding the preceding, DFPS reserves the right to increase this NTE amount (up to $9,999,999.00), through written amendment, under the following conditions:

a. If additional State or federal requirements require a work order to bring DFPS records into compliance, and only if State or federal funding is available for such work orders during Contract Term;

b. If increased imaging and therefore, increased storage requirements become necessary; and

2.13 NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

DFPS makes no guarantee of volume, usage, or total compensation to be paid to any Respondent under any awarded Contract, if any, resulting from this DIR SOW. Any awarded Contract is subject to appropriations and the continuing availability of funds.

DFPS reserves the right to cancel, make partial award, or decline to award a Contract under this DIR SOW at any time at its sole discretion.

Version 1.0 DIR SOW No. HHS0015978 Page 27 of 57

2.14 GOVERNMENTAL ENTITIES

If Respondent is responding to this DIR SOW in its capacity as a governmental entity, certain terms and conditions found in this DIR SOW, including all exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Response is received from a governmental entity, DFPS reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

Version 1.0 DIR SOW No. HHS0015978 Page 28 of 57

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

DIR SOW Date of Release FEBRUARY 13, 2026

Deadline for Submitting Questions or Requests for Clarification

FEBRUARY 20, 2026, at 3:30 PM Central Time

Tentative Date Responses to Questions or Requests for Clarification Sent to Vendors

FEBRUARY 27, 2026

Deadline for Submission of Responses NOTE: Responses must be RECEIVED by HHSC by the deadline.

MARCH 6, 2026, at 10:30 AM Central Time

Evaluation Period MARCH 2026

Anticipated Notice of Award MARCH 2026

Anticipated Contract Start Date APRIL 2026

Respondents must submit their Responses to HHSC PCS in accordance with the due date and time indicated in this Schedule of Events or as changed via an Addendum which email notification will be sent to DIR vendors.

NOTE: All dates are tentative and DFPS and HHSC PCS reserves the right to modify these dates at any time. At the sole discretion of HHSC PCS, events listed in the Schedule of Events are subject to scheduling changes and cancellation. Scheduling changes or cancellation determinations made prior to the Deadline for Submission of Responses will be published by posting an Addendum and email notification sent to DIR vendors. After the Deadline for Submission of Responses, if there are delays that significantly impact the anticipated award date, HHSC PCS, at its sole discretion, may post updates regarding the anticipated award date to the Procurement Forecast on the HHS Procurement Opportunities web page.

https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities

Version 1.0 DIR SOW No. HHS0015978 Page 29 of 57

By submitting a Response, Respondent represents and warrants that any individual submitting the Response and any related documents on behalf of the Respondent is authorized to do so and to bind the Respondent under any Contract that may result from this DIR SOW.

3.2 AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the Sole Point of Contact listed in Section 3.3.1 (Sole Point of Contact) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the DIR SOW in the manner and by the Deadline for Submitting Questions or Requests for Clarifications described in Section 3.3.4 (DIR SOW Questions).

Respondent submits a Response at its own risk.

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

a. Waives any claim of error or ambiguity in the DIR SOW and any resulting Contract.

b. Must not contest the interpretation by DFPS and HHSC PCS of such provision(s).

c. Is not entitled to additional…