30-TDEM-RFP-1546Texas Division of Emergency Management

First Responder Peer Support Network

RFP # TDEM-RFP-1546

PROPOSAL MUST BE RECEIVED BEFORE:

April 20, 2026 @ 4:00 PM CT NOTE: PROPOSALS must be submitted through AggieBid.

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TAMU

Please plan ahead and submit your proposal early just in case you have technical issues.

Pursuant to the Provisions of Texas Government Code Title 10, Chapter 2156.121 - 2156.127, sealed proposals will be received until the date and time established for receipt. After receipt, only the names of proposers will be made public. Prices and other proposal details will only be divulged after the award if one is made.

Table of Contents

REFER INQUIRIES TO:

Bradley Jacobs, CTPM, CTCM Unit Chief Contracts email: Bradley.jacobs@tdem.texas.gov

REQUEST FOR PROPOSAL

SECTION 1. INTRODUCTION 4

1.1 Introduction

1.2 Brief History and Current Organization

1.3 Scope of Work

1.4 Award………………………………………………………………………………………………………5

1.5 Contract Term

1.6 Schedule of Events

SECTION 2. REQUIREMENTS 7

2.1 Technical Proposal

2.2 References

2.3 Specifications ……………………………………………………………………………………………………...7

SECTION 3. GENERAL INFORMATION 11

3.1 Submittal Deadline and Location

3.2 Submittal Instructions……………………………………………………………………………………..11

3.3 TDEM Contacts

3.4 Inquiries and Interpretations

3.5 Electronic State Business Daily Website

3.6 PreBid Conference……………………………………………………………………………………….12

3.7 Open Records

3.8 Terms and Conditions

3.9 Proposal Components

SECTION 4. GENERAL TERMS AND CONDITIONS 13

4.1 General

4.2 Final Review and Approval

4.3 Definitions

4.4 Time of Performance

4.5 Default

4.6 Termination

4.7 Funding Out ……………………………………………………………………………………………. 15

4.8 Agreement Amendments

4.9 Independent Vendor Status

4.10 Right to Audit

4.11 Sales and Use Tax

4.12 Observance of Texas A&M Rules and Regulations

4.13 Non-Disclosure

4.14 Publicity

4.15 Severability

4.16 Non-Waiver of Defaults

4.17 Governing Law

4.18 Intellectual Property

4.19 Venue ………………………………………………………………………………………………………..16

4.20 Export Control ……………………………………………………………………………………………….16

4.21 Clarifications …………………………………………………………………………………………………17

4.22 Best and Final Offers …………………………………………………………………………………………17

SECTION 5. CONTRACTUAL REQUIREMENTS 18

5.1 Texas Public Information Act

5.2 Insurance Requirements

5.3 Indemnification

5.4 Other Benefits

5.5 Alternative Dispute Resolution

5.6 Prohibition Involving Human Trafficking

5.7 Not Eligible for Rehire

5.8 Boycotting Israel

5.9 Business with Certain Countries & Organizations…………………………………………………………19

5.10 Protecting the State of Texas from Malicious Espionage Activities by Foreign Adversaries……………19

5.11 Billing Resolutions

5.12 Payment

5.13 VetHUB Subcontracting Plan

5.14 Contract Monitoring ……………………………………………………………………………………..21

SECTION 6. EXECUTION OF OFFER 22

6.1 Proposer Affirmation

6.2 Texas Family Code Section 231.006

6.3 Substitute W-9

6.4 Direct Deposit

6.5 Signature

SECTION 7. RESPONDENT’S QUESTIONAIRE/COMPANY EXPERIENCE 24

7.1 Company Profile

SECTION 8. PRICING 25

SECTION 9. EVALUATION CRITERIA FOR AWARD 26

9.1 Evaluation Information

9.2 Demonstration/Presentation

9.3 Evaluation Criteria and Weights

SECTION 10. NON-COLLUSION AFFIDAVIT 28

Appendix A – Insurance Requirements

Appendix B – VetHUB Subcontracting Plan

Appendix C – TDEM Standard Terms and Conditions……………………………………….……………………………………………..…46

Texas Division of Emergency Management 30-TDEM-RFP-1546

SECTION 1

INTRODUCTION

1.1 Introduction

The Texas Division of Emergency Management (TDEM) is responsible for tracking and monitoring activities related to grant awards administered by the Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), and others. TDEM currently assists approximately 2,000 subrecipients in all phases of the response and award process and has over 10,000 individual constituents.

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP

CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND

QUESTIONS AS DIRECTED.

1.2 Brief History and Current Organization

The Texas Division of Emergency Management (TDEM) coordinates the state emergency management program, which is intended to ensure the state and its local governments respond to and recover from emergencies and disasters and implement plans and programs to help prevent or lessen the impact of emergencies and disasters. TDEM implements programs to increase public awareness about threats and hazards, coordinates emergency planning, provides an extensive array of specialized training for emergency responders and local officials, and administers disaster recovery and hazard mitigation programs in the State of Texas.

TDEM is charged with carrying out a comprehensive all-hazard emergency management program for the State and for assisting cities, counties, and state agencies in planning and implementing their emergency management programs. A comprehensive emergency management program includes pre and post-disaster mitigation of known hazards to reduce their impact; provisions for effective response to emergency situations;

and recovery programs for major disasters. Chapter 418 of the Texas Government Code lays out an extensive set of specific responsibilities assigned to the Division.

Texas House Bill 35 (HB 35) established a mandatory first responder peer support network under Tex. Gov't Code § 418.352, requiring TDEM to provide: peer-to-peer support services, training for peer service coordinators, technical assistance for program development, regional peer support hubs for both urban and rural jurisdictions. The statute further requires TDEM to submit an annual report to the Governor and Legislature no later than December 1 of each year documenting network performance against specific statutory metrics (§ 418.354).

The technology platform is the operational backbone of this mandate. It must function not merely as a resource library but as an active coordination system — managing peer-to-responder matching, proactive outreach after critical incidents, training and credentialing tracking, confidential communications, and automated legislative reporting. These requirements define a specialized procurement scope that eliminates general-purpose wellness applications from consideration.

The HB 35 network development deadline of March 31, 2026, has been reached. TDEM is prioritizing an accelerated competitive procurement timeline. Solicitation documents will include an expedited evaluation schedule, and TDEM will leverage all available procurement mechanisms — including emergency purchasing authority if applicable — to minimize the period during which Texas first responders lack access to the mandated support network.

1.3 Scope of Work

The intent of this Request for Proposal (RFP) is for the Texas Division of Emergency Management (TDEM) to acquire a statewide technology platform to support the First Responder Peer Support Network mandated under HB 35 (89th Texas Legislature), effective September 1, 2025. The platform must deliver integrated capabilities for peer engagement, workforce and credentialing management, critical incident tracking, and de-identified reporting across all Texas jurisdictions — covering paid and volunteer fire departments and emergency medical services.

There are six capability requirements that, in combination, define the minimum acceptable solution. Vendors responding to the solicitation must demonstrate the ability to satisfy all six requirements within a single integrated platform. Responses proposing multi-platform architectures must fully address interoperability, data governance, and unified reporting across all components.

1.4 Implementation Timeframe

TDEM desires to have a base version of the application operational and available for download 45 days post contract execution. Base functionality is having the ability for an individual to contact a peer through the application.

1.5 Award

The intent of this RFP is to make a single award.

1.6 Contract Term

The original contract period for an agreement resulting from this RFP will be from the date of award until

# Requirement Description

C -1

Proactive + Reactive Dual Model

Platform must support both self-initiated (reactive) peer support requests and automated proactive outreach following critical incidents

— not simply a passive resource hub or reactive-only connection system.

C -2

Co-Active Cross- Agency Federation

Platform must enable a first responder to access peer supporters from outside their own agency — including regional or statewide pools — when their department lacks sufficient internal peer capacity or the first responders chooses not to access their internal pool. This is essential for small rural agencies and volunteer departments with no internal peer team.

C -3

Anonymous Access with Statewide Reach

Platform must provide an optional anonymous login that preserves access to statewide resources without linking identity to utilization — a foundational trust requirement given the professional risk concern documented in HB 35 legislative testimony.

C -4

Integrated Training & Credentialing Tracking

Platform must track peer supporter training status, certifications, and regional coverage gaps within the same system used for peer support coordination — not as a separate module or external system requiring manual reconciliation.

C -5

CAD/RMS/ePCR Integration Pathway

Platform must provide documented CAD/RMS integration capability to automate proactive outreach triggers following traumatic incident dispatch. Respondents must identify current CAD/RMS/ePCR integrations and committed timelines for any integrations not yet available.

C -6

Scalable Multi- Jurisdiction Deployment

Vendor must demonstrate prior deployment at multi-agency or multi-jurisdiction scale, confirming organizational capacity to onboard a state with 1,100+ fire/EMS agencies across rural and urban jurisdictions.

Prior statewide government deployments of comparable scope will be evaluated favorably.

August 31, 2027, with the option to renew for an additional four (4) one-year periods, providing all terms and conditions of the original agreement remain the same and the renewal is mutually agreed upon by all parties.

TDEM reserves the right to extend any contract resulting from this RFQ for a 90-calendar day period at the end of this Contract and/or renewal period. This option provision may be exercised more than once, but the total extension of performance hereunder will not exceed six months. TDEM may exercise this option by written notice to the Contractor.

1.7 Schedule of Events

The review and approval of RFPs is a multi-step process that requires variable amounts of time.

Responders are advised that the projected “Formal Execution of Agreement” date as listed in the “Tentative Timetable” may require extension.

Timetable

EVENT DATE

Issue RFP March 31, 2026, at 4:00 PM CT Mandatory Pre-Bid Conference – All questions must be submitted at the Pre-Bid Conference April 7, 2026, at 10:30 AM CT

Deadline for Submission of Proposals April 20, 2026, at 4:00 PM CT Expected Contract Start Date TBD

SECTION 2

REQUIREMENTS

2.1 Technical Proposal

Provide a detailed plan on how you propose to provide the requested services based on your understanding of the current environment and the scope of work described in Section 1.3, response shall clearly detail:

2.2.1 Vendor Qualifications

• Summarize why the Respondent is the best company to provide the necessary training.

• Provide resume of key individual(s) that would be associated/committed to the project.

2.2.2 General Requirements

• Provide a detailed overview of your company’s ability to provide a Peer Support Network application for the state of Texas.

• Provide a summary of experience, including at least three completed projects of similar size and scope.

• HB 35's statutory definition covers permanent paid personnel, but TDEM intends to extend the network to volunteer agencies as a scope expansion. Respondents must describe their approach to onboarding and supporting volunteer departments with limited administrative capacity.

• All platform data must be stored within the United States. Respondents must provide a written data residency attestation and describe their data classification and de-identification architecture.

• The platform must operate in a manner consistent with the confidentiality protections established by Tex. Gov't Code § 418.353, which prohibits disclosure of participant information under state public information law.

• Respondents must provide proposed uptime guarantees, incident response commitments, and escalation procedures. TDEM requires a minimum 99.5% uptime SLA for a platform serving emergency response personnel.

• Respondents proposing federated access across agency instances must specify the technical standards used (e.g., OAuth 2.0, SAML 2.0) and describe their federation architecture in the proposal.

2.2 References

Respondents shall provide a list of references, a minimum of three (3), where services comparable in size, complexity, and/or scope have been performed in the last five (5) years. References shall include Company Name, Contact Person, Company Address, Telephone & Fax Number and Email Address. TDEM reserves the right to contact these references to verify the vendor’s ability to perform these services. A negative reference may be grounds for the disqualification of your RFP response.

2.3 Specifications

2.3.1 Concept

TDEM is building a statewide first responder peer support network to meet the requirements of Texas House Bill 35.

We need a technology platform (primarily a phone app, but can have web access as well) that helps us run this program day-to-day—not just host resources, but also coordinate people, track activity, and make sure no one falls through the cracks.

At a high level, the system needs to help us:

• Connect first responders to peer support quickly and confidentially with an option to use an anonymous login.

• Support both proactive (we reach out) and reactive (they ask for help) models.

• Work across the whole state regardless of the size of the agency FD and/or EMS, or the paid status

(including volunteer agencies as a scope expansion beyond the HB 35 statutory floor.

• Help us train and track peer supporters.

• Require peer supporters to report data back after an interaction to meet specific Texas House Bill

35 data requirements.

• Allow us to build one network without forcing every agency to operate the same way, as this is available to all but not mandatory.

• Provide federated access: first responders authenticated within their organization’s instance shall be able to access state-level resources through a defined API or federation protocol, subject to established data governance terms. Vendor shall specify the technical federation standard (e.g., OAuth 2.0, SAML 2.0, or proprietary) in their response.

2.3.2 Peer Support Access

• First responders can request peer support 24/7 on their own through the app.

• Be contacted proactively (not just self-initiation) after a critical incident or for a follow-up (if they agree to one) after the initial peer support session. Potential need to schedule follow-ups to remind the peer supporter that they have one to do.

• Let users choose who they are comfortable talking to, or not comfortable talking to, can choose specific groups of peers (certain regions and certain genders).

• There should be an ability to deselect peers that someone does not want to interact with, although we will want to set a minimum number of peers that must be alerted anytime a request goes out.

(i.e., a requester cannot unselect all but one peer in a region).

• Give access to:

• Their own department's peer team (if they have one), large or small.

• Regional or statewide teams, whether their department has a team already or does not

• Work for agencies that don't have a peer team at all.

• Demonstrate a credible integration roadmap with CAD / RMS / ePCR systems to enable proactive outreach after critical incidents. Vendor shall include in their response: (a) a list of CAD/RMS/ePCR platforms with existing integrations, (b) technical approach for new integrations, and (c) a committed timeline for any integration not currently available. This capability is an evaluated criterion, not an optional future feature.

2.3.3 Training & Tracking Peer Supporters

• Track who is trained and who isn't.

• Track certifications/credentials.

• See gaps across the state.

• Standard training across the state.

2.3.4 Resource & Referral Hub

We want one place where responders can find:

• Culturally competent clinicians for first responders

• Peer support resources organized by TDEM Region, potentially a couple of other ways as well

(gender?)

• Crisis lines, treatment programs, etc.

• General wellness content

• Family support access/specific resources.

It needs to:

• Be searchable (location, specialty, etc.)

• Be easy for us to update.

• Support referrals (not just static info).

2.3.5 Confidentiality

• Protect user identity as much as possible.

• Provide an optional anonymous login to allow statewide access to the app.

• Not store personally identifiable information (PII) or individually identifiable mental health data.

All user-level data shall be de-identified at the point of collection. Vendor shall provide a data classification schema and a data residency statement confirming that all data is stored within the United States, with a preference for Texas-based infrastructure, where available.

• Provide de-identified reporting.

• Build trust so people use it.

2.3.6 Critical Incident Tracking

• Ability to track when critical incidents happen.

• Alert peer supporters of a possible increased need in the region

• Track what peer support response occurred.

• Track follow-ups (group or individual) And be able to answer questions like:

• Did we follow up?

• How many people were contacted?

• What kind of incidents are we seeing?

2.3.7 Communication Tools

We need the ability to:

• Push out information (training, resources, alerts)

• Target by group/role if needed.

• First responders, first responder family, peer supporters, culturally competent clinicians, chaplains, and administrators.

• Share content across agencies.

2.3.8 Data Reporting

We need reporting that helps us answer:

• How many people are using the system?

• How many peer interactions are happening?

• How many peer supporters are trained and where (location) are the gaps?

o A tabular report and a map graphic showing areas with not enough peer coverage.

• What is the retention rate of peer supporters?

• What is happening after critical incidents?

o How many individuals were referred to ongoing support back home after a disaster deployment?

o What were those resources (local peer support, local clinicians, etc.)?

• Are people engaging with proactive outreach? Yes or No.

o What prompted proactive outreach? (bad call, disaster deployment, potential anniversaries of past incidents) o Were they receptive to the engagement? Yes or No.

Key points:

• Data must be de-identified.

• Reports shall be generated programmatically within the platform and exportable in standard formats (PDF, CSV, Excel). The platform must natively produce the annual report fields required by Tex. Gov't Code § 418.354, including: (a) number of first responders supported, (b) number of peers trained by region, (c) number of critical incident responses, and (d) program improvement recommendations. Manual data compilation to satisfy statutory reporting is not acceptable. [7]

• Should support annual reporting requirements

2.3.9 Admin & Program Management

We'll need backend tools to:

• Manage users and roles.

o Add new users, delete old users, update user information, change user access levels, build specific user profiles as in Peer Supporters can do X, Y and Z in the app but anonymous users can only do X and Y.

• Manage peer supporters and teams.

• Adjust workflows as the program evolves.

• See workload and activity.

o A tabular report and a map graphic.

2.3.10 Implementation Expectations

We will need the vendor to:

• Create a Texas-specific version of the app and/or website (TDEM branded or whatever we choose to name the program)

• Work with us to configure the system to match how Texas wants to run this.

• Onboard all user groups according to the following deliverable-based milestones, with agency count targets to be finalized during contract negotiation:

TDEM team.

Regional coordinators.

Peer Supporters and any other specific groups accessible through the app (clinicians).

• Provide virtual training on the app to TDEM team, regional coordinators, and peers.

• Provide training video content that can be used to roll out the app to all first responders in the state.

• Bring together a group of SMEs (TDEM-approved/selected) to build a statewide curriculum for training peer supporters.

Facilitate the curriculum building process.

Participate in the design and building of the curriculum.

Produce the finished curriculum.

• Have the ability to deliver training virtually or in person, potentially self-paced.

• In-person training will be done by a mix of vendor and TDEM personnel.

• Both in-person and virtual training will be focused on:

Training all first responders statewide on the use of the app, possibly using a simple instructional video the vendor will create.

o Training Peer Supporters on how to accept requests and document them, possibly done with an instructional video, virtual sessions, or in-person visits by vendor and TDEM personnel.

2.3.11 Membership and Access Requirements

• The vendor shall provide the ability to offer discounted subscription or membership rates to individual FD/EMS organizations that elect to participate under the TDEM umbrella.

• The platform must support a multi-team structure that enables participating FD/EMS organizations to maintain organization-specific peer support teams/resources, as well as the ability to access TDEM’s statewide peer support network/resources.

• The solution shall provide single sign-on (SSO) or equivalent functionality, allowing authorized users from participating FD/EMS organizations to access both their organization-level peer support resources and TDEM’s statewide peer support resources using a single set of credentials

2.3.12 Ongoing Support

• A dedicated point of contact/account manager

• Ongoing technical support

• Regular check-ins to review data and improve the program.

• Updates and improvements to the system over time

• Service level agreement (SLA) defining uptime guarantees, incident response times, and escalation paths for platform outages affecting emergency operations.

2.4. Specifications Definitions

TERM DEFINITION

Contract Any Contract resulting from this solicitation, consisting of the Contract documentation as provided in Section 2.

Contractor Any Respondent awarded a Contract based on this Solicitation.

Subcontractor Any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a

Prime Contractor or another subcontractor, SECTION 3

GENERAL INFORMATION

3.1 Submittal Deadline and Location

All responses must be received by TDEM no later than April 20, 2026 @ 4:00 PM CT

Late responses will not be considered under any circumstances. TDEM shall not be responsible for failure of electronic equipment or operator error.

3.2 Submittal Instructions

3.2.1 Proposals including Execution of Offer (Section 6) must be signed by Respondent’s company official authorized to commit to such proposals. Failure to sign the Execution of Offer may be basis for proposal disqualification.

3.2.2 Complete proposals must be submitted through the AggieBid portal.

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TAMU

NOTE: Respondents must be a registered vendor. If you need assistance with vendor registration, please reach out to vendorhelp@tamu.edu.

All electronic copies must either be in Microsoft Office software or Adobe Portable Document Format (PDF). All image files must be in one of the following formats: .jpg, .gif, .bmp, or .tif. We prefer image files to already be inserted as part of a document such as a PDF.

3.3 Texas Division of Emergency Contacts

All questions related to this RFP must be sent through the AggieBid portal to:

Bradley Jacobs. CTCM Unit Chief, Contracts bradley.jacobs@tdem.texas.gov

Joanna K. Morgan-Schaede, CTCD, CTCM Contract Administrator II/VetHUB Coordinator joanna.morgan-schaede@tdem.texas.gov

TDEM specifically requests that Respondents restrict all contact and questions regarding this RFP to the above-named individuals. ALL QUESTIONS MUST BE SUBMITTED AT THE MANDATORY PRE-BID CONFERENCE. While in the vast majority of cases, TDEM will not answer questions submitted after the Pre-Bid Conference, TDEM reserves the right to answer, solely at its discretion, what it considers particularly pertinent questions submitted after that. What is considered “particularly pertinent” is a subjective decision made solely by TDEM. It is the Respondents’ responsibility to check AggieBid for responses to questions posted after the Pre-Bid Conference.

3.4 Inquiries and Interpretations

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum (amendment) and posted in AggieBid portal. All such addenda issued by TDEM prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall consider and acknowledge receipt of such in their proposal.

Only those TDEM replied to inquiries which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect.

3.5 Electronic State Business Daily Website

It is the responsibility of interested vendors to regularly check the ESBD for any possible addenda to this project. The RFP is inclusive of all addenda issued.

http://www.txsmartbuy.com/esbd

3.6 PreBid Conference

A mandatory Pre-Bid conference will be held on April 4, 2026, at 10:30 AM CT. All questions must be submitted at the Pre-Bid conference which will be recorded. A virtual link to the Pre-Bid contract will be posted on AggieBid and the Texas Electronic State Business Daily (ESBD).

3.7 Open Records

TDEM considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government code, Chapter 552) after an agreement is awarded.

Respondents are hereby notified that TDEM strictly adheres to all Statutes, court decisions, and the opinions of the Texas Attorney General regarding the disclosure of RFP information.

3.8 Terms and Conditions

The Terms and Conditions (see Section 4 and Appendix C) shall govern any Agreement issued as a result of this solicitation RFP.

Any terms and conditions attached to a Response will not be considered. Additional or attached terms and conditions may result in the disqualification of your proposal. Examples of unacceptable terms and conditions include, but are not limited to, liability for payment of taxes, subjugation to the laws of another State, and limitations on remedies.

By submitting a bid, Respondents agree to all items in this RFP.

3.9 Proposal Components

The following documents are to be returned as part of your proposal submittal:

Signed Execution of Offer (See Section 6) References (See Section 2.2) Experience (See Section 2.2.2) Technical Proposal (See Section 2.1) Certificate of Insurance (See Section 5) Respondent’s Questionnaire (See Section 7) Non-Collusion Affidavit (See Section 10) Pricing (See Section 8) VetHUB Subcontracting Plan (See Section 5) Any Addendums, if applicable

FAILURE TO SUBMIT ANY OF THE ABOVE REQUIRED DOCUMENTS WILL RESULT IN BID DISQUALIFICATION

SECTION 4

GENERAL TERMS AND CONDITIONS

4.1 General

These General Terms and Conditions shall be made a part of and govern any Agreement/Purchase Orders resulting from this Request for Proposal. The Texas Division of Emergency Management (TDEM) Standard Terms and Conditions attached to the solicitation in AggieBid and as Appendix D in this document, are also a part of and govern any Agreement/Purchase Orders resulting from this Request for Proposal. By submitting a proposal, Respondents agree to all Terms & Conditions without exception.

Each response should be prepared simply and economically, providing a straightforward and concise description of the Respondent’s ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content and responsiveness to the offer requirements.

In accordance with Texas Education Code 51.9335, TDEM shall make the award based on, but not limited to, the following best value criteria:

• The purchase price;

• The reputation of the vendor and of the vendor's goods or services;

• The quality of the vendor's goods or services;

• The extent to which the goods or services meet the institution's needs;

• The vendor's past relationship with the institution;

• The impact on the ability of the institution to comply with laws and rules relating to historically underutilized businesses and to the procurement of goods and services from persons with disabilities;

• The total long-term cost to the institution of acquiring the vendor's goods or services;

• Any other relevant factor that a private business entity would consider in selecting a vendor;

• The use of material in construction or repair to real property that is not proprietary to a single vendor unless the institution provides written justification in the request for bids for use of the unique material specified.

Additionally, all respondents are hereby notified that TDEM shall consider all factors it believes to be relevant in the determination of the “Best Value” including, but not limited to: past experience, references, proposal, and price. TDEM’s decision is final. Note that the above listed “best value” criteria may or may not appear as individual or specific criteria in RFP Section 9 - Evaluation Criteria.

Responses are to be valid for a minimum of 180 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays.

4.2 Final Review and Approval

Failure to comply with the requirements contained in this Request for Proposal may result in the rejection of the proposal. The vendor agrees to protect the State from claims involving infringement of patents or copyrights.

The vendor hereby assigns to purchaser, all claims for overcharges associated with any contract resulting from this RFP which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973) and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec.

15.01, et seq. (1967).

Questions should be directed to the TDEM official(s) identified in Section 3.3 of this Request for Proposal.

Proposals and any other information submitted by Respondent in response to this Request for Proposal shall become the property of TDEM.

TDEM will not provide compensation to Respondents for any expenses incurred by the Respondent(s) for proposal preparation, product evaluations or demonstrations that may be made, unless otherwise expressly indicated.

Proposals which are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by TDEM at its option.

4.3 Definitions

Whenever the following terms are used in these General Terms and Conditions or in other documents the intent and meaning shall be interpreted as follows:

RFP shall mean Request for Proposal.

Proposal shall mean Respondents offer.

Agency shall mean the Texas Division of Emergency Management.

Texas A&M shall mean Texas A&M University and all System members.

Respondent shall mean the individual, partnership, corporation, or other entity responding to this RFP.

Vendor shall mean the individual, partnership, corporation, or other entity awarded an agreement for labor or for equipment & supplies under this RFP in accordance with the terms, conditions, and requirements herein.

Agreement shall mean the formal Contractual Agreement entered into between TDEM and the Vendor as a result of this RFP by means of purchase order and/or separate written contract.

4.4 Time of Performance

Time is of the essence in the rendering of services. Seller agrees to perform all obligations and render services set forth per this proposal.

4.5 Default

In the event that the Vendor fails to carry out or comply with any of the terms and conditions of the agreement with TDEM, TDEM may notify the Vendor of such failure or default in writing and demand that the failure or default be remedied within ten (10) days; and in the event that the Seller fails to remedy such failure or default within the ten (10) day period, TDEM shall have the right to cancel the agreement upon thirty (30) days written notice.

The cancellation of the Agreement, under any circumstances whatsoever, shall not affect or relieve Vendor from any obligation or liability that may have been incurred or will be incurred pursuant to the agreement and such cancellation by TDEM shall not limit any other right or remedy available to TDEM at law or in equity.

4.6 Termination

4.6.1. For Convenience:

The agreement may be terminated, without penalty, by TDEM without cause by giving thirty (30) days written notice of such termination to the seller.

4.6.2. In no event shall such termination by TDEM, as provided for under this Section give rise to any liability on the part of TDEM including, but not limited to, claims of Vendor for compensation for anticipated profits, unabsorbed overhead, or interest on borrowing. TDEM’s sole obligation hereunder is to pay

Vendor for products and/or services ordered and received prior to the date of termination.

4.6.3. TDEM reserves the right to immediate cancellation, without penalty, due to non-performance

4.7 Funding Out

This agreement is subject to cancellation without penalty, either in whole or in part, if funds are not appropriated by the Texas Legislature, or otherwise made available to the using agency.

4.8 Agreement Amendments

No modification or amendment to the agreement shall become valid unless in writing and signed by both parties. All correspondence regarding modifications or amendments to the agreement must be forwarded to the TDEM Purchasing Department for prior review and approval. Only the CFO, Division Chief, Business Services, or his/her designee will be authorized to sign changes or amendments.

4.9 Independent Vendor Status

Vendor agrees that Vendor and Vendor’s employees and agents have no employer-employee relationship with TDEM. TDEM shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will TDEM furnish any medical or retirement benefits or any paid vacation or sick leave.

4.10 Right to Audit

At any time during the term of this agreement and for a period of four (4) years thereafter TDEM or duly authorized audit representative of TDEM, or the Texas A&M University System, at its expense and at reasonable times, reserves the right to incrementally audit Vendor’s records and manufacturer’s pricing relevant to all pricing provided under this agreement. In the event such an audit by TDEM reveals any errors/overpayments by TDEM, Vendor’s shall refund TDEM the full amount of such overpayments within thirty (30) days of such audit findings, or TDEM at its option reserves the right to deduct such amounts owing TDEM from any payments due Vendor.

4.11 Sales and Use Tax

TDEM, as a member of the Texas A&M University System, an agency of the State of Texas, qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The Seller may claim exemption from payment of applicable State taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts.

4.12 Observance of TDEM Rules and Regulations

Vendor agrees that at all times its employees will observe and comply with all regulations of the Agency, including but not limited to parking and security regulations.

4.13 Non-Disclosure

Vendor and TDEM acknowledge that they or their employees may, in the performance of the resultant agreement, come into the possession of proprietary or confidential information owned by or in the possession of the other. Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organizations, whether or not directly or indirectly affiliated with Seller or TDEM unless required by law.

4.14 Publicity

Vendor agrees that it shall not publicize this agreement or disclose, confirm, or deny any details thereof to third parties or use any photographs or video recordings of TDEM’s name in connection with any sales promotion or publicity event without the prior express written approval of TDEM.

4.15 Severability

If one or more provisions of the resultant agreement, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of the agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effect.

4.16 Non-Waiver of Defaults

Any failure of TDEM at any time, to enforce or require strict keeping and performance of any of the terms and conditions of this agreement shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of TDEM at any time to avail itself of same.

4.17 Governing Law

The substantive laws of the State of Texas (and not its conflicts of law principles), USA, govern all matters arising out of or relating to this Agreement and all the transactions it contemplates. Texas law shall govern regardless of any language in any attachment or other document that the Seller may provide.

4.18 Intellectual Property

Pursuant to the Agreement, the Agency will license specified uses of certain of its intellectual property and assets during the Term of the Agreement, as contemplated herein. However, TDEM shall, in all cases, retain exclusive ownership of any and all such intellectual property and assets, including any and all derivative property and assets developed during the Term of the Agreement. The Proposer shall acknowledge TDEM's ownership of its intellectual property in the Agreement and shall agree to assign any and all such intellectual property to TDEM at the expiration or termination of the Agreement, if requested by TDEM.

4.19 Venue

Pursuant to Section 85.18 (b), Texas Education Code, venue for a state court suit filed against The Texas A&M University System, any member of The Texas A&M University System, or any officer or employee of The Texas A&M University System is in the county in which the primary office of the chief executive officer of the system or member, as applicable, is located. At execution of this Agreement, such county is Travis County, Texas. Venue for any suit brought against The Texas A&M University System in federal court must be in the Houston Division of the Southern District of Texas.

4.20 Export Control

Vendor agrees to comply with all applicable US Export Control laws and regulations to include the Export Administration Regulations (EAR), the International Traffic in Arms (ITAR) and any other applicable US export laws and regulations. As an institution of higher learning, THE AGENCY typically does not take receipt of export-controlled goods, technical data, services, or technology (“Materials”) except as may be specifically agreed by the Agency. Vendor agrees that it will not provide or make accessible to the Agency any export-controlled materials without first informing the Agency of the export-controlled nature to the Materials and obtain from the Agency its written consent to accept such Materials as well as any specific instructions for delivering controlled Materials to the Agency. Vendor agrees to obtain government approval or export license if required from the appropriate US Government agency and to share that information with the Agency prior to delivery of such. Materials. In the event that any purchased item is export controlled under the U.S. Export Control Regulations, Vendor shall provide the Agency with the export control classification and failure to do so may result in the cancellation of the respective purchase order or agreement.

4.21 Clarifications

TDEM may, by written request, ask a Respondent for additional information or clarification after reviewing the proposals received for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal. Clarification does not give Respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. TDEM will not assist Respondent in bringing its proposal up to the level of other proposals through discussions. TDEM will not indicate to Respondent a cost or price that it must meet to obtain further consideration nor will it provide any information about other Respondents’ proposals or prices.

4.22 Best and Final Offer

TDEM, in its sole discretion, may request Respondents to submit a Best and Final Offer. Respondents must submit their Best and Final Offers in writing. If an Respondent does not respond to the request for a Best and Final Offer, that Respondent’s most recent prior offer will be considered to be its Best and Final Offer.

SECTION 5

CONTRACTUAL REQUIREMENTS

5.1 Texas Public Information Act

Respondent acknowledges that TDEM is obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement, as well as any other disclosure of information required by applicable Texas law. Upon Respondent’s written request, respondent will promptly provide specified contracting information exchanged or created under any resultant agreement for or on behalf of TDEM. Respondent acknowledges that TDEM may be required to post a copy of the fully executed Agreement on its Internet website in compliance with Section 2261.253(a)(1), Texas Government Code. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and Respondent agrees that this Agreement can be terminated if Respondent knowingly or intentionally fails to comply with a requirement of that subchapter

5.2 Insurance Requirements

5.2.1. The successful vendor will be required per the indicated requirements (Attachment E) to provide proof of insurance prior to beginning any work in any TDEM owned or leased facility. The vendor will be held strictly liable for any damages to TDEM property occurring during any installation.

5.2.2. Vendor shall not commence work until all the insurance specified hereunder has been obtained and certificates of such insurance have been filed with and accepted by TDEM. Insurance coverage shall provide for thirty (30) day notice of cancellation or material change to the policy coverage and/or limits and the certificate of insurance enforce must include a notice that the policy or policies do contain this provision. Acceptance of insurance certificates by TDEM shall not relieve or decrease the liability of the vendor. Unless otherwise specified, the vendor shall provide and maintain, until the work included in this Request for Proposal is completed an accepted by TDEM.

5.2.3. Certificates of Insurance MUST BE SUBMITTED THROUGH AGGIEBID PORTAL.

5.3 INDEMNIFICATION

VENDOR AGREES TO INDEMNIFY AND HOLD THE STATE OF TEXAS, THE BOARD OF

REGENTS OF TEXAS A&M UNIVERSITY SYSTEM, TEXAS A&M, TDEM AND THEIR

OFFICERS, EMPLOYEES, AND AGENTS (THE INDEMNIFIED PARTIES) HARMLESS FROM

AND INDEMNIFY EACH AGAINST ANY AND ALL LIABILITIES, ACTIONS, DAMAGES, SUITS,

PROCEEDINGS, JUDGMENTS, AND COSTS (EXCLUDING ATTORNEY’S FEES) FOR CLAIMS

RESULTING FROM THE ACTS OR OMISSIONS OF SELLER OR THE ACTS OR OMISSIONS OF

OTHERS UNDER SELLER’S SUPERVISION AND CONTROL.

5.4 Other Benefits

It is understood and agreed that no benefits, payments, or considerations received by vendor for the performance of services associated with and pertinent to the resultant agreement shall accrue, directly or indirectly, to any employees, elected or appointed officers or representatives, or any other person identified as agents of, or who are by definition an employee of the State.

5.5 Alternative Dispute Resolution

The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by Vendor to attempt to resolve any claim for breach of contract made by Company that cannot be resolved in the ordinary course of business.

Vendor shall submit written notice of a claim of breach of contract under this Chapter to the TDEM Chief

Financial Officer, who shall examine Company’s claim and any counterclaim and negotiate with Vendor to resolve the claim.

5.6 Prohibition Involving Human Trafficking

A state agency may not accept a proposal or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the proposal or award, has been convicted of any offense related to the direct support or promotion of human trafficking. A proposal award subject to the requirements of this section must include the following statement: "Under Section 2155.0061, Government Code, the vendor certifies that the individual or business entity named in this proposal or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate."

5.7 Not Eligible for Rehire

Respondent is responsible to ensure that employees participating in work for TDEM have not been designated by The Texas A&M University System (“TAMUS”) as Not Eligible for Rehire as defined in TAMUS Policy 33.02, Section 4. Non-conformance to this requirement may be grounds for termination of this Agreement or any resultant agreement.

5.8 Boycotting Israel

To the extent that Texas Government Code, Chapter 2271 applies to this Agreement, Respondent certifies that (a) it does not currently boycott Israel; and (b) it will not boycott Israel during the term of this Agreement. Respondent acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

5.9 Business with Certain Countries and Organizations

Pursuant to Subchapter F, Chapter 2252, Texas Government Code Respondent certifies it is not engaged in business with Sudan, Iran, or a foreign terrorist organization. Respondent acknowledges its purchase order and/or contract with TDEM may be terminated and payment withheld if this certification is inaccurate

5.10 Protecting the State of Texas from Malicious Espionage Activities by Foreign Adversaries

(GA-48)

Respondent represents and warrants that Respondent is not and, if applicable, none of its holding companies or subsidiaries are (i) listed in Section 889 of the 2019 National Defense Authorization Act (“NDAA”) regarding telecommunications and video surveillance; (ii) listed in Section 1260H of the 2021 NDAA regarding Chinese military companies in the US; (iii) owned by the government of a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4 (“15 C.F.R. § 791.4 List”); or (iv) controlled by any governing or regulatory body located in a country on the 15 C.F.R. § 791.4 List. Respondent acknowledges that a false certification is a material breach of contract and is grounds for immediate termination of this Agreement with no further obligation on the part of the Agency or the A&M System. If this Agreement is terminated due to a false certification, Respondent will immediately reimburse the Agency for all prepaid costs.

5.11 Billing Resolutions

In the case of a problem on a disputed invoice or charge, the Respondent will provide necessary information, i.e., duplicate invoice, shipping information, and proof of delivery at no extra charge to TDEM within 5 business days of request. All credit memos will reflect the purchase order number and the original invoice number in which charge was initiated.

5.12 Payment

Payment schedule to be agreed upon prior to formal execution of agreement.

Payment shall be made within thirty (30) days after acceptance of goods and/or services and receipt of invoice, whichever is later, and according to the agreed upon schedule. TDEM will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice.

TDEM will only make payment for goods and services actually received.

TDEM may withhold any moneys claimed to be due by the Respondent until the terms of the Agreement have been fulfilled and the work of the Respondent has been accepted.

5.13 VetHUB Subcontracting Plan

The Veteran Heroes United in Business program (VetHub or HUB) as part of the state of Texas Comptroller’s Statewide Procurement Division will focus on certification of service-disabled veterans (SDV) to facilitate their growth and development and increase opportunities for contracts and subcontracts with the state of Texas. Additional information on the VetHUB program visit the following site:

https://comptroller.texas.gov/purchasing/vendor/hub/hub-faq.php.

TDEM requires a VetHUB subcontracting plan (VHSP) for contracts of $100,000 or more over the life of the contract (including any renewals), where such opportunities exist. The total expected value of this solicitation and subsequent contract is $100,000 or more and TDEM has determined that subcontracting opportunities are probable.