ESBD_507495_1776346790150_304-26-0277AM Opex Falcon Maintenance.pdf

Request for Offers

Opex Falcon Scanner Maintenance

RFO No. 304-26-0277AM

April 16, 2026

Anticipated Schedule of Events

April 16, 2026 Issuance of RFO

April 23, 2026 Deadline for Submission of Questions (2:00 p.m., CT)

May 1, 2026 Release of Official Responses to Questions

(or as soon thereafter as practical)

May 8, 2026 Deadline for Submission of Offers (2:00 p.m. CT)

Late Offers will not be considered

May 15, 2026 Services Commencement Date

(or as soon thereafter as practical)

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 2 of 42 Rev. 6/27/23

Table of Contents

I. Summary

II. Specifications

A. Introduction

B. Background

C. Definitions and Acronyms

D. Scope of Services

E. Contract Resulting From This Solicitation; Order of Priority

F. Warranty of Performance

G. Security Incident Notification

H. Insurance and Bonds

I. Criminal Background Investigation

J. Contract Term

K. Invoice Acceptance Criteria

L. Payments

M. Discounts

N. PO Addition and Deletion

O. HUB Subcontracting Plan Information

P. Respondent Documents

Q. Respondent Exceptions

R. Respondent’s Past Performance

III. Offer Submission Requirements

A. Delivery of Offer

B. Offer Content and Format

IV. Mandatory Price Sheet

V. Standard Terms and Conditions

VI. Execution of Offer

VII. Conflict of Interest/Disclosure Statement

VIII. Nondisclosure Agreement

IX. Confidential Treatment of Information Acknowledgment

X. Certification Regarding Public Nature of the Offer

XI. Respondent Exceptions Response Template

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 3 of 42

I. Summary

1. Type of Solicitation: Request for Offers (RFO)

2. Issuing Office: Texas Comptroller of Public Accounts (CPA)

Procurement Section

Room 300, Attn: RFO No. 304-26-0277AM

111 E. 17th Street

Austin, Texas 78774

OR Texas Comptroller of Public Accounts

Procurement Section

Attn: RFO No. 304-26-0277AM

P.O. Box 12050

Austin, Texas 78711-2050

3. Additional Requirements/Qualifications: N/A

4. Responses to RFO: Sealed Competitive Offers

5. Deadline for Offers: In Issuing Office No Later Than:

May 8, 2026; 2:00 p.m., Central Time (CT)

6. Initial Contract Term: Date of Award to August 31, 2027

7. CPA Optional Contract Terms: September 1, 2027 through August 31, 2028 and

September 1, 2028 through August 31, 2029

8. CPA Contact Person for this RFO: Alyssa Mangold, CTCD, CTCM

Email: bidcpa@cpa.texas.gov

9. Offers Submitted by Email: Required; See Section III, Part A

10. Offers Submitted by Fax: Not Accepted

11. Pre-Offer Conference: N/A

12. Pre-Offer Inspection: N/A

13. Letters of Intent to Submit an Offer: N/A

14. RFO Addenda: Notices of changes to items directly impacting the original RFO or solicitation process will be posted on the Electronic State Business Daily

(ESBD) located at: http://www.txsmartbuy.com/esbd. CPA will post any amendment to this solicitation on the ESBD as an RFO Addendum. It is the responsibility of an interested party to check the ESBD for updates to this RFO before submitting an Offer. Each Respondent is solely responsible for verifying CPA’s receipt of its questions, if applicable, and its Offer by the deadlines specified in this RFO.

15. Questions and Answers: Questions regarding this RFO must be in writing and must be submitted to the CPA Contact Person specified in Part 8, no later than April 23, 2026; 2:00 p.m. CT. Telephone inquiries will not be accepted.

Questions may be submitted by email to the email address specified in

Part 8. CPA intends to post answers to the questions received on the

ESBD on May 1, 2026, or as soon thereafter as practical.

16. Respondent Presentations: N/A mailto:bidcpa@cpa.texas.gov http://www.txsmartbuy.com/esbd

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 4 of 42

17. Evaluation of Offers. Offers will be evaluated under the Best Value Standard (Section 2157.003 of the Texas

Government Code):

Criteria Weight

Respondent’s Past Performance, Qualifications & Experience 50%

Compliance with CPA Specifications 20%

Cost 30%

Total: 100%

As applicable, the factors listed in Sections 2155.074, 2155.075, 2156.007, and 2157.003 of the Texas Government Code shall also be considered in making an award.

18. Electronic Offers Only. Due to changed building access restrictions, Respondents will not be permitted to hand deliver

Offers to the Issuing Office. Respondents are required to submit Offers electronically via email in accordance with Section

III, Part A.

19. Contact with CPA Staff: Upon issuance of this RFO, employees and representatives of CPA, other than the CPA Contact

Person identified in Part 8, will not discuss the contents of this RFO with any Respondent or its representatives. Failure of a Respondent or any of its representatives to observe this restriction may result in disqualification of any related

Offer. This restriction does not preclude discussions between the parties to conduct business unrelated to this procurement or to obtain assistance completing Historically Underutilized Business (HUB) forms required by this RFO.

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 5 of 42

II. Specifications

A. Introduction

The Texas Comptroller of Public Accounts (CPA), an agency of the State of Texas, issues this Request for Offers (RFO) to solicit Offers from qualified vendors for Full Service Maintenance of Opex Falcon Scanners as described in this Section

II and in this RFO (Services). CPA’s objective is to obtain the Services that represent the best value for CPA and the State of Texas, according to the terms and conditions of this RFO.

CPA anticipates making a contract award to one (1) Successful Respondent for the Services. CPA reserves the right not to award a Contract for the performance of all or part of the Services. This RFO is not exclusive and CPA reserves the right to issue additional solicitations regarding the Services or similar services at any time. All

Respondents are encouraged to offer their best pricing at all times.

All costs associated with the Services must be included in the Respondent’s Offer. Offers that do not meet all of the requirements or contain all of the required documentation specified in this RFO may be rejected as non-responsive.

CPA understands that the requested items in this RFO may be proprietary to one vendor under Section 2155.067 of the

Texas Government Code; however, CPA strongly encourages Offers from all qualified Respondents that may be able to provide the Services.

B. Background

CPA is responsible for operating and maintaining the statewide financial accounting systems, state tax administration and collection systems, treasury operations and statewide enterprise resource planning. CPA is a fast-paced agency with approximately 3,000 employees. CPA has six (6) offices in Austin, Texas including its headquarters, thirty-seven (37) field offices across the State of Texas and four (4) out-of-state field offices.

The Comptroller of Public Accounts executed a contract in June 2014 for an Enterprise Content Management System

(ECMS). The ECMS brought in new software, Hyland OnBase and AnyDoc, and set up a new agency document repository, data/remittance entry systems and electronic workflows. A key component of ECMS is the use of Opex

Falcon high volume document scanners.

The functionality of the scanners is critical to ECMS, and only Opex scanners can be used in the division without extensive additional programming. The scanners are used to systematically identify different types of tax forms, identify backup documents, identify checks and capture MICR (magnetic ink character recognition) information and dollar amounts used in electronic deposits, separate checks, and forms and to identify envelopes to mark the end of document sets. In fiscal 2025, the agency processed over 345,000 paper tax returns, 256,000 checks and created over 6,000,000 document images through the Opex Falcon scanners.

C. Definitions and Acronyms

• Award Date. The Award Date is the earlier of the date an authorized representative of CPA (1) issues a Purchase

Order (“PO”) or (2) signs a formal, written agreement.

• CPA Contract Manager. The end-user division contact responsible for day-to-day contact with Successful

Respondent; contact details to be provided by CPA after the Award Date and/or in the Contract.

• Contract. The agreement, if any, described in Section II, Part E (Contract Resulting from this Solicitation/Order of

Priority).

• Equipment. The Opex Falcon V scanners described in Section IV, Mandatory Price Sheet, Price Schedules 1 and 2, including all components and software necessary for proper operation of the scanner.

• Licensed Software. Software provided by Opex which controls the functionality of the scanner.

• OEM. Original Equipment Manufacturer.

• Offer. A response to this RFO.

• Respondent. Any person or entity that submits an Offer to this RFO.

• Scanner. The digital high-volume production scanner and any component parts and ancillary equipment.

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 6 of 42

• Services. All of the Maintenance Services, Licensed Software, Software Maintenance Support, and Configuration

Services and other items listed in this Section and the RFO which are necessary for the Scanners to fully function in

CPA’s production environment. Services include, but are not limited to, any shipping charges, freight charges, and any other fees associated with Successful Respondent’s performance under any contract resulting from this RFO.

• Successful Respondent. The Respondent awarded a Contract.

D. Scope of Services

D.1 Full Service Maintenance Services.

a. General

1. Respondent must submit in its Offer a firm-fixed annual price for the term set forth in Price Schedules 1 and 2 of

Section IV (Mandatory Price Sheet). All costs associated with Full Service Maintenance Services must be included on the Mandatory Price Sheet of this RFO. Successful Respondent’s pricing for Full Service Maintenance Services shall include all parts, labor, and travel associated with the Full Service Maintenance Services. All Equipment will be located within Austin, Texas. CPA will not pay for any additional travel charges or excess mileage as long as the

Equipment is installed at and located in the LBJ State Office Building, 111 East 17th Street, Austin, Texas, 78774, or at the CPA Warehouse at 4437 Supply Court, Bldg 5, Austin, Texas, 78744.

2. Successful Respondent shall provide CPA with full access to the Opex technical assistance center.

3. Successful Respondent must provide Full Service Maintenance Services for the Equipment, including any embedded or licensed Software.

4. Full Services Maintenance Services shall include Preventative Maintenance and Remedial Maintenance as described in this Section II, Part D.1.

5. Successful Respondent shall be solely responsible for all maintenance of the Equipment. Successful Respondent may provide Full Service Maintenance Services through its own maintenance program, the OEM (Original

Equipment Manufacturer) Warranty, or through a sub-contract for maintenance with an authorized third party.

6. Successful Respondent shall complete all warranty registration procedures and maintain all warranties offered by the

OEM for Equipment that is included in the contract resulting from this RFO. Successful Respondent shall enforce the provisions of the OEM’s warranty to ensure that all Equipment is properly maintained for the duration of the period of performance. Upon request by CPA, Successful Respondent shall provide CPA written proof of OEM warranty entitlement for the Equipment.

7. All OEM software, storage and hardware specific warranties shall remain effective throughout their original warranty period, whether or not those warranties extend beyond the term(s) of any contract resulting from this RFO.

8. Respondents must provide pricing for all products listed in the corresponding Tables in the Mandatory Price Sheet

(Section II) of this PR:

1. Table 1: Annual Hardware Software Maintenance and Technical Support (Begin Date: 05/01/2026)

2. Table 2: Annual Hardware Software Maintenance and Technical Support (Begin Date: 09/01/2026)

3. Table 3: Annual Hardware Software Maintenance and Technical Support (Begin Date: 09/24/2026)

b. Preventative Maintenance.

Preventative Maintenance is defined as all maintenance performed or required to be performed to keep the Equipment, in operating condition in accordance with OEM published specifications and any additional standards required by this RFO.

Successful Respondent shall perform scheduled Preventative Maintenance in accordance with OEM’s recommended standards during CPA normal business hours.

c. Remedial Maintenance.

1. Remedial Maintenance includes the following: managing and resolving problems or issues with the Equipment; and technical support services. CPA will consider any repair problem or service request within the scope of Full Service

Maintenance Services.

2. If Successful Respondent utilizes subcontractors, Successful Respondent must manage each subcontractor(s) to ensure that the subcontractor(s) performs the maintenance in compliance with the Service Level Agreements (SLAs) provided in this RFO. Failure of Successful Respondent to meet the SLAs within the allotted timeframe will entitle

CPA to any and all remedies allowed under the contract resulting from this RFO.

3. Successful Respondent shall provide on-site maintenance at all CPA locations, unless CPA provides written authorization that such Equipment maintenance repair is eligible for off-site servicing.

d. Support Line and Support Call Center.

1. Successful Respondent must provide a toll free telephone number support line for CPA repair and technical assistance requests.

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 7 of 42

2. Successful Respondent must maintain a Support Call Center to receive CPA’s notifications of Equipment malfunctions and requests of Full Service Maintenance Services. Successful Respondent must staff the Support Call

Center with an adequate number of qualified technical personnel sufficient to meet the required service levels (see

Section II, Part D.1.e).

e. Service Levels and Performance Requirements

1. General. In order to maintain CPA designated service levels, Successful Respondent shall be responsible for the following:

i. The vendor must notify Successful Respondent’s representative when the designated service levels have not been met by email outlining the cause, steps to be taken for resolution and the expected time for the incident to be resolved.

ii. Correct issues with Equipment in a timely manner and within the timeframe provided for within this RFO.

2. Service Levels. Successful Respondent shall comply with a standard maintenance service levels as defined in the following tables:

Table 1

Service Level Resolution Times

Equipment Response Time

Restore to Service /

Dispatch of Parts

Severity Level A 2-hour phone response 8 business hours

Severity Level B 2-hour phone response 8 business hours

Severity Level C 4-hour phone response 16 business hours

Severity Level D 6-hour phone response 16 business hours

Table 2

Service Level Descriptions

Severity Levels Descriptions

Severity Level A Problem

Total outage of the Equipment, or an outage of a critical component of the Equipment, rendering the Equipment unusable

Severity Level B Problem

Failure of any component which leaves the Equipment usable, but with diminished performance, capacity, or functionality, e.g. processor failure, memory failure, feature failure

Severity Level C Problem

Failure of any component which leaves the Equipment usable, but with diminished performance, capacity, or functionality, but a work around is available

Severity Level D Problem

Informational problem needs attention before the

Equipment becomes unusable or begins performing with diminished capacity, performance or functionality.

f. Credit for Equipment Malfunction

1. Failure by Successful Respondent to meet the Service Level specified in Section II, Part D.1.e of this RFO will result in a credit to CPA from Successful Respondent in the amount of any fees which may be assessed by CPA in accordance with this Section II, Part D.1.f. If the Equipment remains inoperative for a total of six (6) hours or more in any twenty-four (24) hour period, Successful Respondent will provide a credit to CPA, provided the malfunction was not caused by the fault and negligence of CPA, or was not due to causes external to the equipment. Such credit shall be given for the inoperative Equipment and for any other interconnected equipment deemed unusable as a result of the breakdown. The amount of credit shall be computed as follows: $10,000 for every six (6) hours of downtime.

2. Downtime for each incident shall start from the time CPA notifies Successful Respondent's designated representative(s) via the specified contact telephone contact number. Downtime shall end when the equipment is returned to full operating condition.

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 8 of 42

3. In the event that equipment is inoperable due to equipment failure, and the total number of hours of downtime exceeds 10% of the total scheduled use time during the month for three (3) consecutive calendar months during the term of the contract, as calculated by the CPA Incident Management system, CPA reserves the right to require

Successful Respondent to replace the Equipment with equivalent or better Equipment at Successful Respondent's expense. Refusal of Successful Respondent to promptly replace the Equipment/s will be considered a material breach of contract.

g. Maintenance Parts.

1. Successful Respondent shall use only new standard parts or parts of equal quality and operating specifications in providing Full Service Maintenance Services. All parts placed into operation shall be deemed to be additions and accessories to the listed equipment involved and shall become part of the Equipment.

2. With the exception of storage devices (e.g., hard drives) that cannot be securely erased, parts that are removed and replaced by Successful Respondent shall become the property of Successful Respondent. In the event of a failed hard disk drive that requires replacement in applicable Equipment, at any time during the Period of Performance, CPA reserves the right to keep any hard disk drives that Successful Respondent or CPA is unable to successfully erase CPA data from at no additional cost

h. No Additional Charges.

1. There shall be no additional charges, under any contract resulting from this RFO, for the following:

i. Preventative Maintenance;

ii. Remedial Maintenance;

iii. Remedial Maintenance required again within 48-hours due to a recurrence of the same malfunction;

iv. Time spent by maintenance personnel after arrival at the site awaiting the arrival of additional maintenance personnel and/or delivery of parts, etc., after maintenance has commenced;

v. Remedial Maintenance required when the Scheduled Preventative Maintenance preceding the malfunction had not been performed;

vi. Replacement parts; or

vii. Any and all travel expenses associated with Full Service Maintenance Services.

2. CPA shall provide reasonable storage space for spare parts and reasonable working space, including heat, light, ventilation, electrical current and outlets for use of Successful Respondent's maintenance personnel. These facilities shall be within a reasonable distance of the equipment to be serviced and shall be provided at no charge to

Successful Respondent.

D.2 Reserved.

D.3 Accessibility Compliance. Successful Respondent shall provide Licensed Software that complies with the applicable, statutorily required accessibility standards for the State of Texas. In the event that the Licensed Software does not meet or exceed the applicable statutorily required accessibility standards for the State of Texas, Successful Respondent shall provide technical support and Licensed Software documentation necessary to enable CPA to comply with the State of

Texas reporting requirements outlined in 1 Texas Administrative Code Chapters 206 and 213. Such assistance includes, but is not limited to, Successful Respondent providing a Voluntary Product Accessibility Template (VPAT) or a similar report in substantially the same format as a VPAT. Successful Respondent shall respond to all written inquiries from

CPA regarding the Licensed Software’s compliance with requisite accessibility standards within five (5) business days of receiving such request.

D.4 Liquidated Damages. In submitting an Offer, Respondent agrees that the measure of damages in the event of a default or breach of contract by Successful Respondent may be difficult or impossible to calculate. In the event Successful

Respondent fails to perform Services or complete the obligations under the Contract in a timely manner, CPA may require Successful Respondent to pay, as liquidated damages and not as a penalty, an amount equivalent to two percent

(2%) of the total cost for Services or obligations not completed as required by the Contract per calendar day of delay.

CPA may impose, but is not obligated to impose, these liquidated damages in lieu of any monetary damages available to CPA under the Contract or applicable law.

D.5 Optional Features, Products or Services. If Respondent believes there are additional features, products or services that would benefit CPA under this RFO, Respondent may describe such features, products or services in its Offer and include pricing for such features, products or services in the Mandatory Price Sheet. Optional features, products or services are not scored as part of the evaluation process.

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 9 of 42

E. Contract Resulting From This Solicitation; Order of Priority.

Respondent’s Offer is a legal offer to contract based upon the terms, conditions, and specifications set forth in this RFO.

A contract award by CPA may be by (1) valid PO or (2) a formal, written agreement between CPA and Successful

Respondent. The Contract is effective as of the Award Date and will be between CPA and the Successful Respondent. The entire Contract between CPA and Successful Respondent shall consist of the following documents, which shall control in the following order of priority, except as otherwise provided in the formal signed agreement or PO: (1) the PO and PO

Change Notices, if any; (2) the formal, signed agreement, if any; (3) this RFO; and (4) Successful Respondent’s Offer

(collectively, the “Contract”).

F. Warranty of Performance

Successful Respondent represents and warrants that its performance under the Contract shall be conducted conscientiously in a professional and workmanlike manner to the full extent of Successful Respondent’s talents and capabilities with due diligence and in full compliance with the highest professional standards of practice in the industry applicable to the

Services.

G. Security Incident Notification

Successful Respondent shall have policies and procedures for the effective management of Security Incidents, which shall be made available to CPA upon written request. Within twenty-four (24) hours of Successful Respondent’s discovery or reasonable belief that there has been an event which results in the accidental or deliberate unauthorized access, loss, disclosure, modification, disruption, or destruction of confidential CPA information (“Security Incident”), Successful

Respondent shall provide notice to CPA by calling (800) 531-5441 EXT 34357. Until the investigation is complete, Successful Respondent shall submit, on a daily basis or as otherwise agreed by CPA, a written report via encrypted email to security.alerts@cpa.texas.gov that includes, at a minimum, the following:

• Date and time incident occurred,

• Date and time incident detected,

• Date and time incident contained,

• Address where incident occurred,

• Name of person(s) that discovered incident,

• Description of how Successful Respondent discovered incident,

• Type of CPA information involved,

• Description of the nature of the incident,

• Description of the steps Successful Respondent has taken or will take to investigate incident,

• Description of the steps Successful Respondent has taken or will take to mitigate any negative impacts of incident,

• Information technology involved (e.g., laptop, server, mainframe),

• Description of steps taken to preserve computer evidence and maintain chain of custody, and

• Description of corrective action Successful Respondent has taken or will take to prevent future incidents.

Successful Respondent shall coordinate all media or other breach notifications with CPA in advance of such notification(s), unless expressly prohibited by law. Subject to review and approval of CPA, Successful Respondent shall provide notice at its own cost that satisfies the requirements of applicable law to individuals whose information was compromised or likely compromised as a result of the Security Incident. If CPA, in its sole discretion, elects to send its own separate notice, then all costs associated with preparing and providing the notice shall be reimbursed to CPA by Successful Respondent. If

Successful Respondent does not reimburse such costs within thirty (30) days of CPA’s written request, then CPA shall have the right to collect such costs. CPA reserves the right to conduct an independent investigation of any Security Incident, and should CPA choose to do so, Successful Respondent shall cooperate fully with CPA and assume responsibility at its own expense for making personnel, resources, and systems access available to CPA and CPA’s authorized representative(s).

H. Insurance and Bonds

Successful Respondent represents and warrants that it shall obtain and maintain the following coverages throughout the term of the Contract and that all coverages shall be with companies licensed in Texas with an “A” rating from A.M. Best

Co. authorized to provide the required coverages:

mailto:security.alerts@cpa.texas.gov

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 10 of 42

• Blanket Employee Dishonesty Bond or Employee Dishonesty Coverage under a liability insurance policy with a minimum $25,000 for each individual who will provide Services. A rider or endorsement shall name the Texas

Comptroller of Public Accounts as loss payee or additional named insured under the respective bond or policy;

• Standard Workers Compensation Insurance covering all individuals who will provide Services;

• Commercial General Liability Insurance: $1,000,000 minimum each occurrence limit; $2,000,000 minimum aggregate limit; and

• Professional Liability Insurance: $1,000,000 minimum each occurrence limit; $2,000,000 minimum aggregate limit.

All of the above policies and bonds shall contain endorsements prohibiting cancellation except upon thirty (30) calendar days’ prior written notice to CPA. No later than five (5) business days following the Award Date, and on an annual basis thereafter, Successful Respondent shall furnish proof to CPA of such coverage in the form of a Certificate of Insurance from Successful Respondent’s insurance carrier(s) indicating the required coverages. The certificate shall be addressed to

CPA as the certificate holder. Successful Respondent shall submit proof of required insurance coverage via email, referencing the PO number, to the following address: contract.administration@cpa.texas.gov.

I. Criminal Background Investigation

1. Criminal Background Investigation by Successful Respondent. Prior to an Assigned Personnel commencing Services under the Contract, Successful Respondent shall conduct a criminal background investigation and provide written notice via email to CPA’s Criminal Investigation Division of any Assigned Personnel that have any felony criminal conviction(s). If any information related to felony criminal conviction(s) for the Assigned Personnel changes during the Contract term, Successful Respondent shall provide written notice via email to CPA’s Criminal Investigation

Division no later than three (3) business days after Successful Respondent’s discovery of such changed information.

Written notice to CPA’s Criminal Investigation Division shall be submitted to cid.analysts@cpa.texas.gov.

Successful Respondent’s exercise of due diligence in conducting the criminal background investigation shall include, at a minimum, the following: (1) compliance with Successful Respondent’s published policies and procedures for background and criminal conviction checks and (2) a comprehensive search of the public information portion of Texas

Department of Public Safety criminal conviction database located at:

https://publicsite.dps.texas.gov/ConvictionNameSearch/. If Successful Respondent asserts that a search of the Texas

Department of Public Safety criminal conviction database is not appropriate for a particular Assigned Personnel, Successful Respondent must provide written notice via email to CPA’s Criminal Investigation Division that explains the proposed alternate approach for conducting the criminal background investigation.

For purposes of this clause, “Assigned Personnel” includes, without limitation, (1) all individuals provided by

Successful Respondent under the Contract who will or may (a) be assigned as lead or key personnel; (b) provide

Services on-site at CPA’s premises; or (c) access CPA information resources, i.e., the procedures, equipment, and software that are employed, designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and (2) associated personnel, including consultants and contractors. At CPA’s written request, Successful Respondent shall replace Assigned Personnel with any felony criminal conviction(s).

Within five (5) business days of receipt of a written request by CPA’s Criminal Investigation Division during the

Contract term, Successful Respondent shall provide written notice to CPA’s Criminal Investigation Division of any

Assigned Personnel that have any felony criminal conviction(s).

2. Criminal Background Investigation by CPA. At CPA’s discretion, CPA may conduct a criminal background investigation on Successful Respondent’s Assigned Personnel. Should any Assigned Personnel not be acceptable to CPA due to a finding of felony criminal conviction(s) as a result of the criminal background investigation, Successful Respondent shall replace such Assigned Personnel upon CPA’s written request or CPA may terminate the Contract.

3. Remedies. If CPA becomes aware that Successful Respondent provided false information, Successful Respondent fails to promptly notify CPA of changed information that related to felony criminal convictions, or Successful Respondents fails to replace Assigned Personnel as required by this Section, Successful Respondent shall be in breach of contract and CPA shall have the option to terminate the Contract without further obligation to Successful Respondent as well as pursue all other remedies and rights available to CPA under contract, at law, or in equity.

J. Contract Term

The initial term of the Contract shall be from Date of Award through August 31, 2027. CPA may, in its sole discretion, exercise the option to extend the Contract for up to two (2) additional, one-(1)-year periods. The optional additional periods are September 1, 2027 through August 31, 2028, and September 1, 2028 through August 31, 2029. To exercise the option mailto:contract.administration@cpa.texas.gov mailto:cid.analysts@cpa.texas.gov https://publicsite.dps.texas.gov/ConvictionNameSearch/

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 11 of 42 to extend the term, CPA will notify Successful Respondent; such notice may be by PO or PO Change Notice issuance.

Notwithstanding the termination or expiration of the Contract, certain provisions that by their nature are intended to continue beyond the termination or expiration of the Contract, e.g., indemnification, confidentiality, dispute resolution, records retention, CPA data safeguards, State Auditor’s right to audit, and CPA’s right to audit, shall survive the termination or expiration of the Contract.

K. Invoice Acceptance Criteria

Prior to payment, CPA will evaluate the provided products and/or Services using the following criteria and any additional acceptance criteria provided in the Contract:

1. The products and/or Services must meet all specifications and standards of performance in the Contract; and

2. The products and/or Services must comply with all published specifications.

L. Payments

Payment(s) to Successful Respondent will be based upon the schedule described in Section IV (Mandatory Price Sheet) and the Contract. CPA may, in its sole discretion, process payments on a monthly basis. CPA makes no express or implied warranty whatsoever that any minimum compensation or minimum quantity will be guaranteed under the Contract.

Payment shall be made in accordance with the Texas Prompt Payment Act, Chapter 2251 of the Texas Government Code.

Generally, subject to several exceptions, the Texas Prompt Payment Act requires payments to be made no later than 30 days after the later of the date goods are received, services are completed, or an undisputed invoice is received. Payments will be made to Successful Respondent as provided in Section V (Provision for Direct Deposit or Warrant).

M. Discounts

If Successful Respondent provides a discount on the final Contract costs at any time during the term of the Contract, Successful Respondent will notify CPA in writing ten (10) calendar days before the effective date of the discount. CPA will generate a PO Change Notice (“POCN”) and send it to Successful Respondent. If an early payment discount is available to CPA, then Respondent’s Offer must describe the early payment discount offered and the discount percentage that would apply to CPA’s early payment within ten, fifteen, twenty or twenty-five calendar days after receipt of a correct invoice. Successful Respondent shall also specify any applicable, early payment discount option(s) on each submitted invoice.

N. PO Addition and Deletion

CPA reserves the right, in its sole discretion, to add or delete products or Services during the Contract term. All additions or deletions will be processed through CPA’s Procurement Section by POCN. The rate at the time of the addition or deletion shall be the same as the rate quoted in the Contract for the same model product or Service. The effective date of any addition or deletion will be no later than five (5) business days after receipt of CPA’s written notification of the addition or deletion. For this purpose, written notification may be by POCN sent by registered mail, regular mail, or email with confirmation receipt.

For any additions, CPA’s Procurement Section will provide a POCN to Successful Respondent. The total number of additions allowed to CPA is determined by the number CPA chooses to purchase. For any deletions, CPA’s Procurement

Section will provide a POCN to Successful Respondent indicating the effective date of the deletion, the amount of the reduction or refund (if any), and sufficient details to identify the product or Service.

O. VetHUB Subcontracting Plan Information

In accordance with Section 2161.252 of the Texas Government Code and 34 Texas Administrative Code §20.285, each state agency that considers entering into a contract with an expected value of $100,000 or more over the life of the contract

(including any renewals) shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. If subcontracting opportunities are probable, each state agency’s invitation for bids, requests for proposals, or other purchase solicitation documents with an expected value of $100,000 or more shall state that probability and require a Veteran Heroes United in Business (VetHUB)

Subcontracting Plan (HSP).

CPA has determined that subcontracting opportunities are probable and requests Respondents to complete the State of

Texas HUB Subcontracting Plan (HSP) form located at: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 12 of 42

For purposes of the HSP, CPA has determined that this procurement falls under the following category:

Special Trade Construction ____ Professional Services ____ Other Services __X__ Commodities ____

CPA has identified the possible subcontracting opportunities on the “Agency Special Instructions/Additional

Requirements” portion of the State of Texas VetHUB HSP form set forth below:

- - Agency Special Instructions/Additional Requirements - -

The Texas Comptroller of Public Accounts is committed to increasing contracting opportunities with VetHUBs by contracting directly with VetHUBs or indirectly through subcontracting opportunities in compliance with

Chapter 2161 of the Texas Government Code.

If a bid/proposal/offer to a solicitation with an expected value of $100,000 or more must contain a completed

HSP and supporting documentation to be considered responsive. CPA may reject an HSP that was not developed in good faith or completed. After Contract award, Successful Respondent may be subject to debarment pursuant to Section 2161.253(d) of the Texas Government Code if any modifications are made to the HSP without PRIOR approval from CPA.

For assistance in completing the HSP, Respondent may visit the following website:

https://comptroller.texas.gov/purchasing/vendor/hub/. The HSP is available as part of this RFO package on the

ESBD website, available at: http://www.txsmartbuy.com/esbd. Respondents may send an HSP review request to the CPA Contact Person provided in this solicitation. CPA will provide a courtesy HSP review if the request is received no later than the date questions are due for this solicitation.

If Respondent is not subcontracting any portion of the Contract, Sections 1, 2(a), 3 and 4 of the HSP must be completed.

If Respondent is subcontracting some portion of the Contract, the supporting documentation of “Good Faith

Effort” must be demonstrated in either Method A (Attachment A) or Method B (Attachment B) of the HSP.

The Texas Comptroller of Public Accounts requests all Respondents to consider utilizing VetHUBs in subcontracting areas listed below; however, this list should not be considered exhaustive.

Class Item Description

939 21 Computers, Data Processing Equipment and Accessories, Not Word

Processing Equipment, Maintenance and Repair

939 55 Multi-Function Office Machine Maintenance and Repair

P. Respondent Documents

All Respondent documents that are related to the Services, this RFO, Respondent’s Offer, or a Contract including, but not limited to, boilerplate service agreements, service schedules, published specifications, warranty information, terms of service, ordering documents, maintenance agreements, and license agreements, are collectively referred to in this RFO as

“Respondent Documents.” Respondent must include copies of all proposed Respondent Documents with

Respondent’s Offer. CPA reserves the right, in its sole discretion, to amend the Respondent Documents to conform to this RFO and Texas law and provide them to Respondent for approval and signature prior to Contract award. Respondent

Documents that are (1) submitted as part of the Offer and (2) amended to conform to this RFO and Texas law through mutual, written agreement of Successful Respondent and CPA will be incorporated as part of the Contract. Upon written request, Respondent shall promptly provide to CPA a Word version of all Respondent Documents.

https://comptroller.texas.gov/purchasing/vendor/hub/ http://www.txsmartbuy.com/esbd

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 13 of 42

Q. Respondent Exceptions

If Respondent takes any exception to any provisions of this RFO, the exceptions must be specifically and clearly identified by section number in Respondent’s Offer as provided in Section XI (Respondent Exceptions Response Template).

Respondent’s proposed alternative must also be provided in the Offer; however, it is acceptable for Respondent to reference the terms of a previous contract with CPA. If a Respondent takes a “blanket exception” to the entire RFO or does not propose alternate language for CPA’s consideration, Respondent’s Offer may be considered non-responsive and disqualified from further consideration.

Respondents are strongly encouraged to submit any inquiries regarding specific terms or conditions of this RFO during the question-and-answer period designated in Section I (Summary).

R. Respondent’s Past Performance

Comptroller may conduct reference checks with other entities regarding past performance of Respondent or its subcontractors. In addition to evaluating performance through the Vendor Performance Tracking System (“VPTS”) as authorized by 34 Texas Administrative Code §20.115, Comptroller may examine other sources of vendor performance, including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Such sources of vendor performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, Comptroller may initiate such examinations of vendor performance based upon media reports. Any such investigations shall be at the sole discretion of Comptroller, and any negative findings, as determined by Comptroller, may result in a non-award to

Respondent. The Vendor Performance Tracking System information is located on Comptroller’s website at:

https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/.

https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 14 of 42

III. Offer Submission Requirements

A. Delivery of Offer

Respondent must submit its Offer electronically via email, in accordance with the following:

1. The Offer must be emailed to bidcpa@cpa.texas.gov, with copy to the CPA Contact Person identified in Section I, Part 8 at Alyssa.Mangold@cpa.texas.gov;

2. The subject line of the email must include Respondent’s name and a reference to RFO No. 304-26-0277AM;

3. All attachments to the email must be in a format that is accessible to CPA (specific acceptable formats include Word, Excel, and pdf);

4. All required forms must be electronically signed or manually signed with scanned signatures; and

5. CPA strongly encourages Respondent to send the email with the attached Offer at least fifteen (15) minutes prior to the Deadline for Submission of Offers as specified in this RFO to allow for any networking delays that may occur

(e.g., firewalls, security scans, etc.).

Respondent is solely responsible for ensuring timely delivery of its Offer to the Issuing Office by the deadline. Late Offers will not be accepted.

B. Offer Content and Format

The Offer must contain the information listed in this Part B. Failure to include all information may result in exclusion of the Offer from consideration. The Offer must contain an organized, paginated table of contents with hyperlinks corresponding to the sections and pages of the Offer. The Offer must be organized as follows:

1. Respondent’s Contact Person and Identifying Information. Respondent must submit the following in its Offer:

a. Respondent’s identifying information:

(1) name and address of business entity submitting the Offer;

(2) list of all principals;

(3) type of business entity (e.g., corporation, partnership);

(4) state of incorporation or organization; and

(5) principal place of business.

b. Respondent’s contact information (i.e., name, title, email address, phone number and fax number) for the individual(s) who will be CPA’s point of contact for questions regarding the Offer and the Contract.

2. Respondent Questionnaire: Respondent’s Qualifications, Experience and Past Performance.

a. In its Offer, Respondent must provide a profile that:

(1) describes the size and scope of all of Respondent’s operations, including number of Respondent’s employees and years in business;

(2) describes the general nature of previous, similar work performed by Respondent, particularly work in the last three (3) years;

(3) describes Respondent’s prior contracting experience with CPA and other public sector entities;

(4) includes a statement regarding the financial stability of Respondent, including the ability of Respondent to perform the Services and any other services proposed in its Offer; and

(5) includes any other information Respondent believes is pertinent to this RFO (e.g., certificates, industry awards).

b. Cancellations or Terminations. In its Offer, Respondent must list all contracts or purchase orders that Respondent executed or accepted within the last three (3) years and that were canceled or terminated before completion by any entity with which Respondent contracted. For each cancelled or terminated contract or purchase order, Respondent must include a detailed explanation for the cancellation or termination and final resolution of the matter. The Offer must include the names and telephone numbers of each such entity’s contact person. If there were no contracts or purchase orders cancelled or terminated before completion in the last three years, specify none.

3. Respondent Questionnaire: Narrative.

a. Scope of Services. In its Offer, Respondent must submit a detailed, narrative explanation of how the offered services will meet the requirements of Section II, Part D (Scope of Services). Respondent must provide in its mailto:bidcpa@cpa.texas.gov mailto:Alyssa.Mangold@cpa.texas.gov

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 15 of 42

Offer all the information requested in the Scope of Services in conformity with the structure outlined in Section

II, Part D (Scope of Services). In the narrative, Respondent must also provide the following:

1) copies of all Respondent Documents applicable to the proffered Services. Refer to Section II, Part P.

2) a detailed description of how Respondent will provide problem or trouble resolution, its escalation procedures, and the timeframe in which Respondent will respond to CPA’s request for maintenance and technical support.

3) a description of the qualifications of personnel who will provide the offered Services. In addition, Respondent must identify all proposed personnel who will or may provide Services. For each proposed individual, Respondent must provide a resume that includes the following information: (1) professional employment history, (2) education, (3) relevant professional training and (4) professional certifications. Respondent must also identify the roles and responsibilities of the proposed personnel and provide an organizational chart depicting the lines of authority and functional titles of the proposed personnel.

b. Description of All Offered Optional Features, Products, or Services. If offered, Respondent must describe in its

Offer any Optional Features, Products or Services that would benefit CPA, but are not part of the minimum requirements of this RFO. Refer to Section II, Part D.5. Respondent must provide line-item pricing for each option on the Mandatory Price Sheet in Section IV. Optional features, products or services will not be considered in evaluation under Section I, Part 17.

c. Early Payment Discount Offering. If offered, Respondent must describe with specificity in its Offer any early payment discount offered as described in Section II, Part M.

4. Offer Submission Requirements. In its Offer, Respondent shall include the following information:

a. Reserved

b. Reserved.

c. Data Security Breach History. Respondent shall disclose any data security breach incidents, including pertinent, public information describing the breach such as the date of the incident, date of incident discovery, cause of the incident, and remediation efforts undertaken by Respondent.

d. Reserved.

e. System Development Life Cycle. Respondent shall provide a written description of its system development lifecycle that addresses security engineering methods, software development methods, testing/evaluation/validation techniques, and quality control processes.

5. Mandatory Price Sheet. Respondent must complete and submit, in its Offer, all pages of the Mandatory Price Sheet.

See Section IV.

a. All costs associated with the offered services must be entered on the Mandatory Price Sheet and described in the

Offer.

b. If Optional Features, Products or Services are offered, refer to Section II, Part D.5.

6. VetHUB Subcontracting Plan (HSP) & Supporting Documentation. The HSP document described in Section II, Part O must be completed, signed, and included in the Offer.

7. Execution of Offer. Section VI must be completed, signed, and included in the Offer, as required by Section V.1.

8. Conflict of Interest Form. Section VII must be completed, signed, and included in the Offer.

9. Nondisclosure Agreement. Section VIII must be completed, signed, and included in the Offer, as required by Section

V.

10. Certification regarding Public Nature of the Offer. Section X must be completed, signed, and included in the Offer.

11. Respondent Exceptions. Any exceptions Respondent takes to this RFO must be specifically and clearly identified by section number in Section XI (Respondent Exceptions Response Template). Respondent’s proposed alternative must also be provided in Section XI; however, it is acceptable for Respondent to reference the terms of a previous contract with CPA.

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 16 of 42

IMPORTANT NOTE: THE FORMS LOCATED IN THIS RFO ARE PREPARED EXCLUSIVELY FOR THIS RFO.

RESPONDENT’S SUBMISSION OF OTHER FORMS OR DOCUMENTS, INCLUDING PRIOR VERSIONS OF

THE FORMS, MAY RESULT IN DISQUALIFICATION OF THE OFFER.

RFO # 304-26-0277AM: Opex Falcon Scanner Maintenance Page 17 of 42

IV. Mandatory Price Sheet

Respondent must include all costs for providing the Services for the items listed on this Mandatory Price Sheet. CPA requests that Respondents quote costs as an annual fee.