ESBD_507804_1776371723965_802-26-74062_Learning Management.pdf

Texas Parks and Wildlife Department IT Purchasing and Contracting C-1

4200 Smith School Road Austin, Texas 78744

REQUEST FOR OFFER

For

Online Training Management System

RFO No. 802-26-74062

NIGP Class/Items: 208-11, 208-37, 956-35

RFO Issue Date: April 16, 2026 Questions Due: April 23, 2026; 2:00 PM CT

Offer Due Date: May 5, 2026; 2:00 PM CT

Purchaser: Vanessa D Contreras, CTCD, CTCM 512-389-4722 vanessa.contreras@tpwd.texas.gov

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to this solicitation prior to submitting a response. The Respondent’s failure to periodically check the ESBD will in no way release the selected contractor from “addenda or additional information” resulting in additional cost to meet the requirements of the RFO.

mailto:vanessa.contreras@tpwd.texas.gov

RFO No. 802-22-19452 Page 2 of 41

Table of Contents

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. INTRODUCTION

2. Solicitation Method and Intent

3. Contract Term

4. Qualifications and Experience

5. Scope of Work and Specifications

6. Additional Terms and Conditions

7. Roles and Responsibilities

8. Adding New Products/Services to Contract After Award

9. Modifications of Contract Terms and/or Amendments

10. Subcontracting

11. Contract Administration

12. Invoicing and Payment

SECTION II – SUBMISSION REQUIREMENTS

1. Schedule of Events

2. Inquiries

3. Response Content

4. Delivery of responses

5. Evaluation and Award

SECTION III – GENERAL TERMS AND CONDITIONS

EXHIBIT A – EXECUTION OF OFFER

EXHIBIT B – PRICE SHEET

RFO No. 802-22-19452 Page 3 of 41

EXHIBIT C – COMPANY PROFILE

EXHIBIT D – PAST PROJECTS WITH CORRESPONDING REFERENCES

EXHIBIT E – TECHNICAL PROPOSAL

EXHIBIT F – RESPONSE SUBMISSION CHECKLIST

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. INTRODUCTION

1.1. Texas Parks and Wildlife Department (“TPWD”) is seeking a cloud-based Online Training Management System and related services for the Law Enforcement division. The primary purpose to establish a Texas Commission on Law Enforcement (TCOLE) compliant platform to track state mandated training, scheduling, evaluations, reports, and maintain compliance with state law.

1.2. TPWD currently has Target/Vector Solutions software products and Services designed for law enforcement covering a variety of state mandated training necessary to maintain compliance with state law. The current platform tracks online training, scheduling, evaluations and report online training to TCOLE.

1.3. PROPRIETARY SPECIFICATIONS: These specifications and/or requirements are being advertised under Section 2155.067, Texas Government Code. If a competing Contractor believes it can satisfy these specifications, it should respond with its product and explain how the specifications will be adequately met.

2. SOLICITATION METHOD AND INTENT

2.1. The Request for Offer (RFO) solicitation method allows qualified respondents to submit a written offer addressing pricing, qualifications, experience, availability, approach and other factors that will be employed to ensure successful accomplishment of the requirements set forth herein. TPWD will review, compare and evaluate responses based on the criteria and weights identified in this RFO.

2.2. 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 will be rejected as non-responsive.

3. CONTRACT TERM

3.1. Initial Contract Term: The contract shall commence on Date of Award and continue through June 1, 2026 through May 31, 2027, unless sooner terminated under the terms of the contract.

3.2. Renewal Option: Contract may be renewed for up to two (2) additional one (1) year periods, provided both parties agree in writing prior to contract expiration date. Any extensions shall be in accordance with the original terms and conditions plus any approved changes.

3.3. Contract Extensions: In the event that the contract(s), if any, resulting from the award of this RFO shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified products and/or services, TPWD may, with the written consent of the awarded supplier(s), extend the contract for a period of time as may be necessary to permit TPWD continued supply of the identified products and/or services (not to exceed twelve month extension period). Any extensions shall be at the same terms and conditions, plus any approved changes.

3.4. Termination: The contract shall terminate upon full performance of all requirements contained in the contract, unless otherwise extended or renewed, as provided in accordance with the contract terms and conditions.

3.5. Amendments: The contract may be amended in writing by mutual consent of the parties.

3.6. Quantities: Unless this RFO states otherwise, the resulting contract award does not guarantee volume or a commitment of funds.

4. QUALIFICATIONS AND EXPERIENCE

4.1. Minimum Qualifications and Experience: Respondent (and awarded Contractor) must provide evidence of its services capabilities, including but not limited to:

4.1.1. Outline of capability to deliver the required services, including process, functional and technical expertise.

4.1.2. Qualifications – more than three (3) years providing online training management services

4.1.3. Available necessary qualified personnel, skills, qualifications, organization, facilities, equipment, and supplies required to fulfill all requirements under this RFO and resulting contract.

4.1.4. Shall be in good financial standing. TPWD reserves the right to requires a copy of the Contractors audited or un-audited financial statement

4.1.5. Successful Respondent must be an approved state contract provider with TCOLE

4.2. Supporting Documentation: Respondent shall complete and submit Exhibit C – Company Profile, with response submission to provide documentation to support the above qualifications. (Ref: Section II, Subsection 3.3.)

5. SCOPE OF WORK AND SPECIFICATIONS

5.1. Successful Respondent shall provide an Online Management Training System for TPWD Law

Enforcement Officers and Administrators to track and report Field Training Officer Program (FTOP) throughout the year. The Online System must include but not limited to:

5.1.1. Provide membership access for 700 total users. Increase/Decrease Users: TPWD reserves the right to increase the number of users during the contract term.

5.1.2. Ensure Compliance with 24/7 access.

5.1.3. Have a department assigned customer service representative.

5.1.3.1. Technical support, questions, and requests for assistance should conform to a Service Level Agreement (SLA) of:

5.1.3.1.1. HIGH Importance within 4 hours

5.1.3.1.2. NOT-HIGH within 24 hours

5.1.4. Integrated mobile application and web-based platform.

5.1.4.1. The mobile application should be compatible with Apple iOS and Android OS.

5.1.5. Report online training to state mandated Texas Commission on Law Enforcement (TCOLE) for continued education hours.

5.1.6. Provide online access that can be accessed through Safari, Microsoft Edge & Google Chrome.

5.1.7. File Storage system for training files/videos.

5.1.7.1. This storage should not contain any data classified as Sensitive or above.

5.1.8. File Storage folder for law enforcement policy and procedures.

5.1.9. Self-assignment of provider based online training.

5.1.10. Supervisor assignment of provider based online training.

5.1.11. Activities creator to make new assignments for training or policy review.

5.1.12. Report auditing function to be able to verify assignment completions or overdue for all system users.

5.1.13. Evaluation system for FTOP that works on a mobile and web-based platform for trainees, FTO’s and Supervisors and that allows each level of user to document and sign each document.

5.1.14. Ability to record individual Daily Observation Reports (DOR) for each of the three phases of the FTOP.

5.1.15. Auto formulating End of Phase report that computes the all the individual DORs for each phase.

5.1.16. Credential system to track law enforcement certifications.

5.1.17. Event system to send out invites and display training classes on a system calendar.

5.1.18. History function for each user to view their own profile and all classes and policies completed in the system.

5.1.19. Community Resource function to be able to view other law enforcement training created by other users of the system.

5.1.20. Provide administrative assistance to upload new users and create new forms.

5.1.21. Allow administrative users to add or delete users along with setting permissions specific to each user’s needs.

5.1.22. Automated email notification system that will generate a notification to a system user when a new assignment is available, or an old assignment is overdue.

5.1.23. Automated email notification system for new user verification.

5.1.24. Data explorer function to view all files created in the evaluation system.

5.1.25. Tagging functions for keywords attached to a training file or policy.

5.1.26. Test builder function to create quiz/tests to be attached to assignments.

5.1.27. Managing User functions that can separate between Users, Supervisors and Organization settings.

5.1.28. Dashboards with active display of assignments broken down by overdue and due in under

30 days, due in 30-60 days, and due in over 60 days.

5.1.29. Main screen dashboard with current schedule and assignments needed to be completed by the user.

5.1.30. Ability to generate and export reports in a browser full screen, PDF file or CSV file.

5.2. No less than quarterly maintenance shall be provided and completed by the Contractor, at no additional cost to TPWD.

5.2.1. That “Maintenance” is defined as, but no limited to, patching, removing old software and services not used, firmware updating, removing expired credentials, etc.; related to hardening systems to maintain a high level of security posture.

5.3. Compliance Requirements – must be compliant under:

5.3.1. ADA Title II/Section 504 of the Rehabilitation Act. Title II Regulations for State and Local Governments https://www.ada.gov/ada_title_II.htm

5.3.2. Texas Accessibility Standards (TAS). 2012 Texas Accessibility Standards (TAS) https://www.tdlr.texas.gov/ab/abtas.htm

5.3.3. Data Security Standards for Texas State Agencies Texas Administrative Code, Title 1, Part 10, Chapter 202 (TAC 202) https://dir.texas.gov/texas-administrative-code-202

5.4. Data Export – Data collected must be easily exported to common facility and asset management products such as Microsoft Office products (Excel), and Adobe products (pdf).

5.5. Security and Disaster Plans:

A. Security Plan

1) Controls:

a. Contractor shall ensure security controls are in place to provide safeguards against unauthorized access and to protect and uphold the confidentiality, integrity and availability of all Contractor controlled systems and data;

b. Appropriate security mechanisms, but not limited to, such as firewalls and physical access, must be functional at all times to ensure that only authorized persons gain access to any part of the system and use it for authorized purposes only;

c. Solution must ensure that when a user logs out of the system, all session information associated with the user (cached data) is removed to prevent it from being carried over to a new session when the next user logs in;

https://www.ada.gov/ada_title_II.htm https://www.tdlr.texas.gov/ab/abtas.htm https://dir.texas.gov/texas-administrative-code-202

d. Contractor will encrypt all confidential, sensitive and regulated data that is stored, backed up and in transit;

e. System shall require secure logon and communications to the system for all users. This should be protected from automatic account creation (e.g., use of captcha) and other hacking attempts (e.g., SQL injection, phishing) by using appropriate control measures;

f. Contractor shall perform security penetration and web application scans annually and mitigate and remediate any findings;

g. Contractor will confirm application works in latest versions of the Microsoft Edge, Google Chrome and Mozilla Firefox browsers;

h. For sending mail on behalf of TPWD the Awarded Contractor will configure DMARC with SPF and DKIM.

2) Passwords:

a. Password complexity requirements shall be kept in accordance with TAC 202 and TPWD Policies and Standards to ensure best practices standards to provide for sufficient user and customer account protection;

b. Ensure access to the system requires role-based security, controlling privileges to users based on predefined roles;

c. Ensure access to the system uses authentication mechanisms associated with usernames, IDs and passwords for all user and customers;

d. Ensure password renewals, resets and new password creation processes do NOT include the transmittal of passwords and IDs in plain text;

e. Ensure passwords and IDs are NOT sent together in the same e-mail;

f. Ensure temporary passwords are sent to users and customers and they are challenged to ensure authenticity;

g. Upon successful password reset, an email should be sent to the user or customer informing them that their password has been changed;

h. Automated processes shall exist to permit users and customers to create, renew, retrieve change and reset or unlock their passwords without manual intervention;

i. Automated processes shall exist to permit users and customers to retrieve their ID’s without manual intervention. Users and customers shall be challenged via confirmation of e-mail addresses and answers to security questions to ensure authenticity;

j. Server system event logs will be monitored routinely within agreed upon time frames for malicious activity, but not limited to, Brute Force and Dictionary attacks to protect agency data and against unauthorized access;

k. Application must be capable of Active Directory Authentication for accounts and access control. State employees will authenticate on Active Directory. If not available, the system must meet all other authentication active directory requirements. Other users are not anticipated at this time;

l. Multi-factor Authentication (MFA) is required if any of the following two criteria are met:

a. If sensitive, private, and/or confidential data can be accessed.

b. If TPWD network, TPWD services, or TPWD data can be interacted with.

m. User accounts need to be role based to allow more control of the user’s access.

3) Personal Identifiable Information (PII):

a. Ensure all form entry boxes for entering confidential information use masking to hide the information from view and or malicious capturing capabilities in order to protect the information;

b. Ensure all confidential information and personally identifiable information (PII) is encrypted in transit and when stored in system databases to prevent malicious capturing of such information;

c. All PII data cached on a mobile device will be encrypted; meeting industry standards best practice.

d. The mobile application will not allow cross-application or 3rd-party hardware communication unless the data is encrypted. Examples of this requirement are:

a. Copy and paste form application to email.

b. Camera screen capture.

c. Creation of phone contact.

4) Breach:

a. In the event of a security breach is experienced, the following will be accomplished

a. Shall inform TPWD of the event with-in 7 days and provide:

i. End-users affected

ii. Data-types exposed

b. Shall provide TPWD with an Incident Response Report / Security Breach Analysis no later than 60 days.

b. Contractor is financially responsible for the following in the event of a data breach:

a. 3rd Party Security Assessment related to breach.

b. Communication to end-user via email and certified mail.

c. Credit monitoring if data can influence the end-users Credit Score.

c. Report the cause of the breach to TPWD upon completion of the breach investigation and corrective actions.

B. Disaster Recovery

1) Contractor shall supply TPWD with documentation of their Disaster Recovery Plan and

Disaster Recovery testing results per specifics of the Texas Legislative mandates of Title 1, Texas Administrative Code, Part 10, Chapter 202 for Texas State Agencies;

2) Initial Disaster Recovery Plan shall be submitted to TPWD in draft form for TPWD’s review and comments at least 60 days prior to when the system is projected to go live;

3) Contractor will work with TPWD to ensure that the Disaster Recovery Plan is approved by TPWD prior to the system going live;

4) Disaster Recovery Plan will be reviewed annually, with review completed no later than 60 days after submittal, by TPWD stakeholders and will require review by Contractor and TPWD with a sign-off upon completion of the review process;

5) Contractor must provide a Disaster Recovery site that allows the system to be back online and fully operational within 24 hours in the event of a major system disaster at the primary processing site;

6) Primary and Disaster Recovery sites should be geographically stationed in low risk earthquake, flood zones, inclement weather environments, etc. and are within short distances of district fire and emergency response stations;

7) Primary and Disaster Recovery sites shall be located within an optimal distance (industry standard is a minimum 100 miles) of each other in order to minimize risk to the business processes and shall ensure continued business continuity;

8) Disaster Recovery Plan shall be a living document. All updates should be tracked accordingly and shall include revision control mechanisms and to include appropriate sign-off from Contractor and Agency;

9) Disaster Recovery Plan approval process shall include appropriate sign-off from Contractor and Agency;

10) Disaster Recovery and Business Continuity testing results shall be provided to TPWD validating systems have been tested, and all risks have been identified and plans to mitigate identified risks are in place;

11) In the event of a disaster, the Contractor shall provide concurrent file backups with 100% fail safe capability.

6. ADDITIONAL TERMS AND CONDITIONS

6.1. The awarded Contractor must abide by all established TPWD rules, processes, and standards, as well as any changes during the contract term.

6.2. Escalation Procedure:

1) When a conflict arises between the TPWD and the Contractor, the Project Team member(s) will first strive to work out the problem internally;

2) Level 1: If the Project Team cannot resolve the conflict within two working days, the TPWD Contract Manager(s) and Contractor Project Manager will meet to resolve the issue;

3) Level 2: If the conflict is not resolved within three working days after escalating to Level 1, the TPWD Executive Sponsor will meet with the Contractor Project Executive to resolve issue;

4) During the conflict resolution, Contractor agrees to provide services relating to items not in dispute, to the extent practicable pending resolution of the conflict.

5) If the conflict remains unresolved after Level 2 intervention, then either party may terminate the contract. If the conflict is addressed by termination, TPWD agrees to pay the Contractor for all accepted deliverables through termination.

7. ROLES AND RESPONSIBILITIES

7.1. Upon award, TPWD and Contractor will each designate a Contract and Project Manager.

7.2. Successful Respondent shall provide service in accordance with requirements specified herein and the resulting contract(s) and adhere to the TPWD Terms and Conditions.

7.3. Successful Respondent shall provide all labor, Software and Services necessary to meet requirements of the specified services throughout the term of the contract.

7.4. Successful Respondent is responsible for all costs incurred in the performance of the contract.

7.5. Successful Respondent shall comply with all laws, ordinances, statutes and regulations pertaining to the services requested herein, and shall obtain such permits, licenses or other authorizations as may be required.

8. ADDING NEW PRODUCTS/SERVICES TO CONTRACT AFTER AWARD

Following the contract award, additional products/services of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. A formal written request will be sent to successful respondent to quote on the proposed additional products/services.

Respondent shall submit offers to TPWD as instructed. All prices are subject to negotiation with the Best and Final Offer (“BAFO”). TPWD may accept or reject any or all offers and may issue a separate solicitation for the products/services after rejecting some or all of the RFOs. The products covered under this provision shall conform to the specifications as outlined in the request.

9. MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

9.1. The terms and conditions of the Contract shall govern all transactions under the Contract.

9.2. The Contract may only be modified or amended upon mutual written agreement of Texas Parks and

Wildlife Administrative Resources Division Purchaser(s) and the Contractor. An Amendment or Purchase Order Change Notice will be issued to document any changes to the Contract such as statement of work, pricing, terms, delivery, etc.

9.3. Terms and conditions that do not conflict with the Contract and are acceptable to the Contractor(s) may be added in a Purchase Order and given effect. No additional term or condition added in a Purchase Order can conflict with or diminish a term or condition of the Contract. In the event of a conflict between Purchase Order and the Contract, the Contract term shall control.

10. SUBCONTRACTING

TPWD has determined there are no probable VetHUB Subcontracting Opportunities for this solicitation.

11. CONTRACT ADMINISTRATION

Administration of the contract is a joint responsibility of TPWD Law Enforcement Division and the TPWD IT Purchasing Section. TPWD, IT Purchasing staff will be responsible for administering the contractual business relationship with the contractor. Upon issuance of contract, TPWD will designate an individual who will serve as the Project Manager and point-of-contact between the agency and the contractor. The project manager does not have any express or implied authority to vary the terms of the contract, amend the contract in any way or waive strict performance of the terms or conditions of the contract.

This individual’s contract management and contract administration responsibilities include, but are not limited to:

11.1. Monitoring the contractor’s progress and performance and ensuring services conform to established specification requirements.

11.2. Managing the financial aspects of the contract including approval of payments.

11.3. Meeting with the contractor to schedule service, and as needed to review progress, discuss problems, and consider necessary action.

11.4. Identifying a breach of contract by assessing the difference between contract performance and non-performance.

11.5. Other areas as identified by the State of Texas Contract Management Guide, latest edition.

12. INVOICING AND PAYMENT

The following procedures apply to invoicing and payment in addition to those listed in Section III, General Terms and Conditions, Para. 9:

12.1. Contractor to submit invoice(s) to: Accounts.Payable@tpwd.texas.gov to Texas Parks & Wildlife, Accounts Payable, 4200 Smith School Road, Austin, Texas 78744.

12.2. Invoices must show:

12.2.1. Name of Contractor exactly as shown on the contract, Texas Payee Identification

Number (PIN), and correct "Remit to" address

12.2.2. Name of receiving entity

12.2.3. Contract/purchase order number

12.2.4. Description, quantity, unit of measure, unit price, extended price of each item

12.2.5. Total price

12.2.6. Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice

12.2.7. Attach supporting documentation, if required

12.3. Payment will be made in accordance with the Texas Prompt Payment law, TGC, Subtitle F, Chapter 2251. Payment normally will be made to the Contractor within 30 days after receipt of a properly prepared invoice or the receipt of and the acceptance of services ordered, whichever is later. State agencies are required by state law to pay properly submitted invoices within thirty days or the Contractor may charge a late payment fee established by law. (Ref: Section III, General Terms and Conditions, Subsection 9.) Any contract resulting from this solicitation is contingent upon the continued availability of lawful appropriations by the Texas Legislature. See Section 2.24 Excess Obligations Prohibited.

12.4. Payments for services purchased with state appropriated funds will be made through state warrants issued by the Comptroller of Public Accounts. Payments by qualified ordering entities will be made through the entities local payment system.

12.5. Electronic payment may be available through some ordering entities. Contact Accounts Payable at 512-389-4833 for additional information.

mailto:Accounts.Payable@tpwd.texas.gov

SECTION II – SUBMISSION REQUIREMENTS

1. SCHEDULE OF EVENTS

TPWD intends to proceed according to the following schedule. These dates represent a tentative schedule of events. TPWD reserves the right to change the dates in the schedule of events above upon written notification to prospective Respondents through a posting on the Electronic State Business Daily as an Addendum.

Event Date/Time RFO Issue Date: April 16, 2026 Questions Due: April 23, 2026; 2:00 PM CT Offer Due Date: May 5, 2026; 2:00 PM CT

2. INQUIRIES

2.1. CONTACT: All requests, questions, or other communications about this Solicitation shall be made in writing to TPWD’s IT Purchasing Department, addressed to the following person:

Vanessa D Contreras, CTCD CTCM Phone 512-389-4722 Texas Parks & Wildlife Department 4200 Smith School Road, Austin, Texas 78744 vanessa.contreras@tpwd.texas.gov

2.2. CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section II, Subsection 2.1. Questions should be submitted in the following format: a) Reference the Solicitation number; b) Reference the Section number, Page number, Paragraph number, and Text of passage being questioned; and c) Question.

2.3. DEADLINE FOR SUBMISSION OF QUESTIONS: To provide TPWD with sufficient time to adequately prepare responses to Contractor inquiries, all questions must be submitted by the deadline specified in Section II, Subsection 1.

2.4. ANSWERS TO QUESTIONS: The target date for answering questions is within three business days after deadline for questions. Official answers will be posted as an addendum to this solicitation, on the Electronic State Business Daily at http://www.txsmartbuy.com/sp . Respondent names will be removed from questions in the responses released. TPWD reserves the right to amend answers prior to the offer submission deadline. If respondents do not have Internet access, copies may be obtained through the point of contact listed above. Note: It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a proposal/offer. Respondent’s failure to periodically check the Electronic State Business Daily (ESBD) will in no way release the selected Contractor from “addenda or additional information” resulting in additional costs to meet the RFO requirements.

2.5. PROHIBITED COMMUNICATIONS: Upon issuance of this solicitation, TPWD, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s), except for the written inquires described in Section II, Subsection 2.2 above. Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify respondent. Respondent shall rely only on written statements issued through or by TPWD’s IT purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

mailto:vanessa.contreras@tpwd.texas.gov http://www.txsmartbuy.com/sp

3. RESPONSE CONTENT

Below is a summary of required and requested information. Proposals/offers submitted without this information will be evaluated accordingly. TPWD reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

3.1. GENERAL RESPONSE FORMAT:

Respondents shall submit one (1) original proposal/offer signed in ink (marked Original). In addition, Respondents should submit one (1) copy of the proposal/offer. Pricing should not be included in the submitted copies.

3.2. REQUIRED RESPONSE CONTENT:

Respondent MUST include the following documentation in their response submission. Failure to submit with response will result in disqualification of the proposal/offer.

3.2.1. Exhibit A – Execution of Offer: Respondent must submit original signed, dated and completed Exhibit A - Execution of Offer.

3.2.2. Exhibit B – Compensation and Fees Schedule: Include completed Exhibit B – Compensation and Fees Schedule. Pricing should not be included in the submitted copies.

3.3. ADDITIONAL RESPONSE CONTENT:

Respondent shall include the following additional documentation in their response submission, or within one business day of TPWD request. Failure to submit this additional documentation by TPWD designated deadline may result in disqualification of the proposal/offer.

3.3.1. Exhibit C – Company Profile: Include completed Exhibit C (or reasonable facsimile).

3.3.2. Exhibit D – Past Projects with Corresponding References: Include completed Exhibit D (or reasonable facsimile).

3.3.3. Exhibit E – Technical Proposal: Include Technical Proposal – tabbed Exhibit E , including numbered responses corresponding to each of the items listed in Exhibit E.

3.3.4. Addenda: Respondent shall acknowledge receipt of any addendums generated as part of this solicitation. The respondents should include the signed and dated addendum(s) with their response submission.

4. DELIVERY OF RESPONSES

4.1. E-MAIL submittals are preferred for this solicitation. Submissions should be set to Purchasing.BidBox@tpwd.texas.gov, however, Respondents may submit proposals by hardcopy of by email.

U.S. Postal Service Overnight/Express Mail Texas Parks and Wildlife Dept.

IT Purchasing 4200 Smith School Road

Austin, TX 78744

TPWD – Mail Room Attn: IT Purchasing

4200 Smith School Road Austin, TX 78744

Hours – 8:00 AM to 5:00 PM

NOTE: Proposals must be date stamped by TPWD prior to the due date and time.

mailto:Purchasing.BidBox@tpwd.texas.gov

4.2. Links of proposals to shared drives such as DropBox or Google or any other clickable link in an email or cloud hosting platform is not an acceptable submission.

4.3. Receipt of all Addenda to this RFO should be acknowledged by returning a signed copy of each Addendum to the response.

4.4. Contractors are responsible for all costs of response preparation.

4.5. Telephone and facsimile responses are NOT acceptable. All submitted responses become the property of TPWD after the RFO submittal due date/ deadline. Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TPWD, whichever is earlier.

5. EVALUATION AND AWARD

5.1. A contract will be awarded to the responsible respondent(s) who submits the proposal/offer determined to be the best value to the State and who meet all requirements included in this RFO.

5.2. Cash discounts offered by the respondent will NOT be a factor in proposal/offer evaluation.

5.3. Proposals/offers may be withdrawn by written notice at any time prior to award. An e-mail to the purchaser name identified in Section II, Subsection 2 above will be acceptable as a written notice for withdrawn. No proposals/offers will be returned after award.

5.4. Step 1 – Administrative Review by IT Purchasing: Response submissions will be checked to make sure that all required documents were submitted. Only a complete response with the listed required submittal documents and meeting minimum qualifications will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a response being declared non-responsive. Responses that do not conform to the instructions included in this solicitation may be rejected by TPWD and declared non-responsive. TPWD reserves the right to reject any or all proposals/offers and to waive informalities and minor irregularities in proposals/offers received. No proposals/offers received in IT TPWD Purchasing Section after the exact date and time specified as the deadline for responses will be considered.

5.5. Step 2 – Initial Evaluation: A TPWD evaluation committee will evaluate and score each response based on established criteria. Respondents shall not contact members of the evaluation team. Responses will be evaluated according to the respondent’s ability to best satisfy TPWD requirements. Respondent’s submission is evaluated and scored on a weighted system to determine the best value as follows:

Evaluation Criteria Weight

Compensation and Fees (Exhibit B) 40% Past Performance, Qualifications, Capability and Experience, Etc. (based on Exhibit C-Company Profile and Exhibit D Past Projects with Corresponding References)

40%

Technical Proposal (based on Exhibit E) 20%

Total 100%

5.6. Step 3 – Short List: At TPWD’s sole discretion, a short-list may be developed. Then, TPWD may check references and/or inspect respondent’s facility/equipment.

5.6.1. References may include past performance evaluations. References will be scored on a pass/fail basis. Any negative responses received may be grounds for disqualification of the proposal/offer.

5.6.2. Facility and/or equipment may be inspected to verify ability to successfully complete the project.

Inspection will be scored on a pass/fail basis. Failure may be grounds for disqualification of the proposal/offer.

5.7. Step 4 - Best and Final Offer (BAFO): The evaluation committee will determine if discussions and/or

Best and Final Offers are necessary. Award of a contract may be made without discussions or Best and Final Offers, if in the best interest of the state.

5.7.1. Discussions: The evaluation committee may determine that discussions are necessary to clarify or verify a written proposal/offer.

5.7.2. Oral Presentations: TPWD may, at its discretion, elect to have respondents provide oral presentations of their proposals/offers.

5.7.3. BAFO: A request for a Best and Final Offer is at the sole discretion of TPWD and will be requested in writing. If requested, respondent(s) shall submit a final price and any added value.

If more than one respondent reaches this level, the negotiated terms, references, BAFO and added values will be the considered in the award. TPWD will make the final determination on the best value.

5.7.4. The evaluation committee will evaluate the finalists and make a recommendation for award.

5.8. AWARD: TPWD reserves the right to award a contract to a single contractor, or award to more than one contractor, whichever provides the best value to TPWD in performance of this service. TPWD will be the sole judge of best value. (Refer to Section III, Item 3.6 for Best Value criteria.)

5.9. POST AWARD MEETING: Contractor(s) may be requested to attend a post award meeting in person or via teleconference with TPWD within 15 calendar days after the award of the contract. The purpose of the meeting is to discuss the terms and conditions of the contract and to provide additional information regarding the contract.

SECTION III – GENERAL TERMS AND CONDITIONS

OCTOBER 2025

(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)

Any Contract awarded as a result of this solicitation will contain the General Terms and Conditions listed below in this Section. Subcontractors are also obliged to comply with these provisions.

1. DEFINITIONS: As used throughout this solicitation, the following terms have the meaning set forth below.

All other terms have the meaning set forth in Webster’s II New College Dictionary.

1.1. Bidder: An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative. See Respondent.

1.2. Contractor: The individual, corporation, company, partnership, firm, or organization that has to furnish the materials and has to perform the work as stated in the solicitation.

1.3. ESBD: The Electronic State Business Daily, which is available online at http://www.txsmartbuy.gov/esbd .

1.4. Gov’t Code: The Texas Government Code.

1.5. Owner: Texas Parks and Wildlife Department, an agency of the State of Texas.

1.6. Party/Parties: Either the TPWD and Respondent separately or collectively.

1.7. Respondent: Any person or Vendor who submits a Bid/Proposal/Offer in response to this solicitation.

1.8. Services: Includes the use of labor, materials, facilities, equipment, and any other need that is necessary or incidental to the successful completion of the Contract.

1.9. Subcontractor: Any supplier, distributor, Contractor, person, or firm furnishing to the Contractor, materials or services necessary or incidental to the performance of the Contract between TPWD and Contractor.

1.10. TAC: The Texas Administrative Code, which is the publication for administrative rules.

1.11. Texas Identification Number: A unique 11-digit number assigned by the Texas Comptroller of Public Accounts. When a Payee first contracts with a state agency, that Payee must provide either a federal Employer Identification Number (EIN) or a Social Security number (SSN). The Texas Identification Number (TIN) is based on this number. (Note: If Respondent does not have a TIN, or does not know their TIN, they may list their EIN or SSN on the “Texas Identification Number” line of the Vendor Information Block of their RFP, RFO, IFB or RFQ response.)

1.12. TPWD: Texas Parks and Wildlife Department acting on behalf of the State of Texas.

2. SPECIFICATIONS:

2.1. The goods/services provided shall be in accordance with the purchase specifications herein. TPWD will decide the answers to all questions that may arise as to the interpretation of the specifications and the quality, or acceptability of goods/services provided. TPWD will decide the rate of progress of the work and the acceptable fulfillment of the goods/service on the part of the Contractor.

2.2. Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids/Proposals on brands of like nature and quality will be considered unless advertised under Texas Gov't Code §2155.067. If the Respondent is offering brands other than the references, response should show manufacturer, brand or trade name, and other description of product offered. If Respondent is offering brand(s) other than brand(s) specified, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take http://www.txsmartbuy.gov/esbd exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

2.3. Unless otherwise specified, items shall be new and unused and of current production.

2.4. Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the Respondent, on request, at Respondent's expense. Each sample should be marked with Respondent's name and address, and requisition number. Do not enclose in or attach response submission to sample.

2.5. The State will not be bound by any oral statement or representation contrary to the written specifications of this Solicitation.

2.6. Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.

3. AWARD OF A PURCHASE ORDER: Standard Purchase Order Terms and Conditions apply. If a conflict exists between the standard Purchase Order Terms and Conditions and specific language in this solicitation, the language in the solicitation shall prevail.

3.1. A response to a solicitation is an offer to Contract with TPWD based on the terms, conditions and specifications contained in the solicitation. Responses do not become Contracts unless and until they are accepted through an authorized TPWD designee by issuance of a Purchase Order.

3.2. This procurement will be conducted in accordance with the State Purchasing Act, Title 10, Subtitle D, Chapters 2151 through 2177, of the Texas Gov’t Code (TGC) and TPWD rules. Any Contract resulting from this procurement shall consist of one (1) document. This document will contain all of the rights and duties of the parties extracted from the relevant terms and conditions of this solicitation (including its attachments, exhibits, supplements, and addenda); the successful Contractor’s response; any TPWD request for a Best and Final Offer; and any successful Contractor’s Best and Final Offer, if applicable.

3.3. Best Value – TPWD will be the sole judge of best value. Award will be based on Best Value criteria and may include, but is not limited to:

3.3.1. Best meets the goals and objectives of the solicitation as stated above.

3.3.2. Best meets the quality and reliability of the proposed services.

3.3.3. Effect of the proposed solution on agency productivity.

3.3.4. Provides the most customer focused solution that will best meet the needs of the public.

3.3.5. Experience in successfully providing services in this solicitation.

3.3.6. Past Performance: A Respondent’s past performance will be measured based upon pass/fail criteria in compliance with applicable provisions of Gov't Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Respondents may fail this selection criterion for any of the following conditions:

• The Vendor has a score less than C or Legacy Unsatisfactory in the Vendor

Performance System,

• Currently under a Corrective Action Plan through the Texas Comptroller of Public

Accounts (CPA),

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

• Having Purchase Orders that have been cancelled in the previous 12 months for non-performance (i.e., late delivery, etc.).

3.3.7. Contractor performance information is located on the CPA web site at:

www.txsmartbuy.gov/vpts. CPA may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.115), CPA 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. Any such investigations shall be at the sole discretion of CPA, http://www.txsmartbuy.gov/vpts and any negative findings, as determined by CPA, may result in non-award to the Respondent.

4. UNIT PRICES: Respondents must price per unit shown. Unit prices shall govern in the event of extension errors.

5. FREIGHT: Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

6. DELIVERY:

6.1. Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates Respondent to deliver in 14 calendar days. Unrealistic delivery promises may cause solicitation to be disregarded.

6.2. If delay is foreseen, Contractor shall give written notice to the TPWD. Contractor must keep the TPWD advised at all times of status of order.

6.3. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TPWD to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting Contractor.

6.4. Substitutions: No substitutions permitted without written approval of TPWD.

6.5. Delivery shall be made during normal working hours only unless prior approval has been obtained from ordering agency. Normal working hours are 8:00 AM until 5:00 PM Monday through Friday except State and National holidays.

7. TESTING AND INSPECTION:

7.1. TPWD may test and inspect goods and services purchased under the Contract to ensure compliance with the specifications of this solicitation and the Contract. TPWD may also test and inspect goods and services before they are purchased under the Contract. Authorized TPWD personnel shall have access to the Respondent's place of business for the purpose of inspecting the goods. To the extent practical, TPWD inspections will not disrupt the Respondent's daily operations. Tests shall be performed on samples submitted with the Bid/Proposal or on samples taken from regular shipments. All costs of testing and inspection shall be borne by the Respondent.

In the event the goods tested fail to meet or exceed all conditions and requirements of the solicitation and Contract, the goods will be rejected in whole or in part, at the State's option, and returned to the Respondent or held for disposition at the Respondent's expense. Latent defects may result in cancellation of the Contract at no expense to the state.

7.2. If material fails to meet specifications, the Respondent will be notified by fax, mail, or e-mail. The Respondent will have ten (10) working days after receipt of the notification to remove the rejected material from state property. Material will be removed at the Respondent’s expense. Material not removed in the allotted time period will be disposed by TPWD. The Respondent will be charged for all disposable expenses conducted by TPWD.

8. CHANGES: TPWD may at any time, by a written order, make changes within the general scope of this Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the services under this Contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the Contract price or time of performance or both and the Contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change, provided, however, that TPWD, if it decides that the facts justify such action, may receive and act upon such claims asserted at any time prior to final payment under this Contract.

Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled "Dispute Resolution."

9. INVOICING AND PAYMENT:

9.1 Invoices: In order to receive payment under the Contract, the Contractor must submit an original invoice to TPWD, which will be designated in the Purchase Order as the "Bill To" address. To be a proper invoice that may be accepted and paid, the invoice must include the following information and/or attachments: (1) Name and address of the Contractor. (2) The Contractor's Texas Identification Number (TIN). (3) The Contractor's invoice remittance address. (4) The Purchase Order number authorizing the delivery of products or services. (5) A description of what the Contractor delivered, including, as applicable, the time period, serial number, unit price, quantity, and total price of the products and services. If the invoice is for a lease, the Contractor must also include the payment number (e.g., 1 of 36).

9.2 Disputed Invoices: As stated above, the Contractor will receive notice of an error in an invoice submitted for payment by not later than the 21st day after the date the invoice was received by the TPWD. If an invoice dispute is resolved in favor of the Contractor, the Contractor is entitled to receive interest on the unpaid balance of the invoice, beginning on the date the invoice became overdue, pursuant to Gov't Code §2251. 021. If a dispute is resolved in favor of the TPWD, the Contractor shall submit a corrected invoice that must be paid in accordance with Section 2251.021.

The unpaid balance accrues interest if the corrected invoice is not paid by the appropriate date.

9.3 Time and Manner of Payment: Pursuant to Texas Gov’t Code Chapter 2251, payment by TPWD is overdue on the 31st day after the later of: (1) the date the TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date the TPWD receives the invoice for the goods or service. Payment by a political subdivision Customer whose governing body meets only once a month or less frequently is overdue on the 46th day after the later event of: (1) the date TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date TPWD receives the invoice for the goods or service.

10. PATENTS, TRADEMARKS, OR COPYRIGHTS: Respondent agrees to defend and indemnify the TPWD and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the TPWD's or the State's use of any good or service provided by the Respondent as a result of this solicitation.

11. PROHIBITION ON LOBBYING: The Respondent shall comply with the provisions of a federal law known generally as the Lobbying Disclosure Act, 2 U.S.C. §1601 et seq. By submitting a Bid/Proposal, the Respondent certifies that it shall not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal Contract, grant, or any other award covered by 31 U.S.C. §1352.