ESBD_510338_1777055983032_SOL_PST_405-25R0016168.pdf

DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-25R0016168

TYPE OF SOLICITATION

OPEN ENROLLMENT

DATE ISSUED

04/24/2026

FY26-FY31 PRE-EMPLOYMENT PHYSICAL EXAMINATIONS

Applicants must submit electronic applications to the following email address or via the DPS Online Bid Room.

DPS_Solicit_Response@dps.texas.gov Attention: 405-25R0016168

DPS is not currently accepting any in-person solicitation applications. DPS will only accept electronic applications during the dates indicated in this solicitation document.

FOR INFORMATION CONTACT:

Natalia Linda Medina, CTCD, CTCM

Contract Administrator

PHONE: 956-565-7512

EMAIL: Natalia.Medina@dps.texas.gov

APPLICATION (Applicant must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

NAME AND ADDRESS

OF APPLICANT:

APPLICATION DATE

EMAIL AND TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE*

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, AND REMEDIES

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

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

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

TERM, PRICING, AND FUNDING

The Open Enrollment period commences upon publication and will remain open through August 31, 2031.

To be considered for award, Applicants must submit a completed application, which includes all required information and documentation as outlined in this document. The Applicant must meet all requirements, possess and provide the required experience and certifications, and have the capacity to provide the related services described in this Solicitation.

DPS will not allow changes after Contract Award to terms or pricing during either the Contract term or any optional renewal period. The continuation of the Contract for any period is subject to the availability of DPS’s funding source for the Contract.

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TABLE OF CONTENTS

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.4 MANDATORY PRICING SCHEDULE

C.1 INTRODUCTION

C.2 SCOPE OF WORK

C.3 TRANSITION

C.4 DPS PERSONNEL

C.5 INSURANCE REQUIRED UNDER THIS CONTRACT

C.6 CRIMINAL HISTORY BACKGROUND CHECK

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO APPLICANTS

D.1 APPLICATION PREPARATION INSTRUCTIONS

D.2 SOLICITATION ADDENDA

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

D.4 APPLICATION ACCEPTANCE PERIOD

D.5 CONTRACT AWARD

D.6 CONTRACT TERM

D.7 DPS’S RIGHTS

D.8 APPLICATION SUBMISSION INSTRUCTIONS

D.9 DISCUSSION AND CORRESPONDENCE

D.10 APPLICANT SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT . 23

D.11 AGENCY POSTING OF CONTRACTS

D.12 ANTICIPATED SCHEDULE OF EVENTS

SECTION E—CRITERIA FOR ACCEPTANCE

SECTION F—LIST OF EXHIBITS

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SECTION A—DEFINITIONS

The following terms and acronyms used in this Contract have the meanings given in this section unless the context indicates otherwise.

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

“Bid” means the Applicant’s response to this open enrollment application. A Bid is an offer to contract based upon the terms, conditions, and specifications contained within the solicitation.

Bids do not become contracts until they are accepted through an open market purchase order.

“Business Day” means Monday through Friday except for federal, state, and legal holidays observed by the State of Texas.

“Business Hours” means 8:00 a.m. to 5:00 p.m. Central Time.

“Contract” means the formal, written, and legally enforceable agreement between DPS and Contractor.

“Contractor” means the individual, business, or other entity awarded this Contract. In the context of submitting an application, “Contractor” also means “Applicant” and “Vendor.”

“Date of Award” means the date the Contract is fully executed.

“Days” means calendar days unless otherwise specified.

“DPS” means the Department of Public Safety of the State of Texas, a state agency in the executive branch created under Tex. Gov’t Code Ch. 411.

“Fiscal Year” means any of the one-year periods beginning September 1 and ending August 31 used for annual budgetary purposes by the State of Texas.

“Parties” means Contractor and DPS.

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

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

A. Applicant must submit proposed pricing on the Mandatory Pricing Schedule exhibit that includes all costs, fees, licenses, and all expenses for Contractor’s delivery and performance of the commodities or services requested. The final contracted pricing and payment structure will represent Contractor’s sole compensation under the Contract. DPS guarantees no minimum compensation under the Contract.

B. After one year under contract, the Contractor may provide pricing for contract years two to five, no later than 60 days before the contract year begins. If DPS accepts the pricing, it will provide a written POCN to the Contractor before the start of the contract year.

C. Contractor must deliver and provide the commodities and services described in compliance with all requirements of the Contract on a no minimum, as needed, as requested basis. Notwithstanding anything else to the contrary in the Contract, DPS will not make any payments of any amount to Contractor or any other entity or person, and Contractor will not submit any invoices, until Contractor has received approval from DPS’s Contract Monitor specifically stating that DPS accepts the commodities or services and Contractor is authorized to submit an invoice. If DPS does not accept the commodities or services, the Contract will involve no payments of any type for any amount.

D. Catalogs, brand names, or manufacturer’s references are descriptive only, and indicate type and quality desired. Applications on brands of like nature and quality will be considered unless advertised as a proprietary purchase under Tex. Gov’t Code § 2155.067. If an Applicant believes it can satisfy these specifications, it must follow statutory instructions.

E. If responding to specifications other than those stated within this solicitation, bid must show manufacturer, brand, or trade name, and other description of product offered. If other than brand specified is offered, then Applicant must include specifications, illustrations, and complete descriptions of product offered must be included with bid.

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

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

A. Upon request, Applicant must provide evidence of its financial resources and its ability to provide the commodities or perform the services for which Applicant is

Page 5 of 26 Version 1.2, Template Approved 05/01/2025 submitting an application. This includes information Applicant believes is pertinent to demonstrate its financial capability, financial solvency, and capacity to fulfill the requirements of this solicitation.

B. Evidence of financial stability include providing audited financial statements for each of the last two years of Applicant’s operations or, in the alternative, financial statements compiled, reviewed, and attested by an independent certified public accountant or certified public accounting firm. Applicant may submit a copy of its Dun & Bradstreet (D&B) Business Information Report. If a D&B is submitted the report must include Applicant’s Viability Score and the Portfolio Comparison Score or similar ratings.

C. In lieu of providing financial statements in its Application, an Applicant may provide a statement regarding its financial stability and viability to perform under any resulting contract. If Applicant elects this approach rather than audited financial statements, the Applicant must submit a statement, with appropriate supporting documentation, sufficiently detailed to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this solicitation.

D. Applicant must provide information and any other financial information reasonably requested by DPS consistent with the services provided by Applicant or otherwise required by the applicable DPS policies for similar contracts.

E. Selected Contractor must also submit to the Contract Administrator its financial rating information within 120 days after the end of Contractor’s fiscal year.

F. DPS reserves the right to investigate and determine the financial integrity and responsibility of an Applicant and to reject an application on the grounds of Applicant’s lack of financial soundness, or if DPS reasonably concludes, after reviewing the information submitted by Applicant as well as all other relevant information obtained by DPS, that significant issues exist that could jeopardize Applicant’s full and timely performance. DPS also reserves this same right throughout the life of the Contract, including before executing any optional renewal with Contractor.

B.2 INVOICE REQUIREMENTS

A. Invoices are Contractor’s billing for commodities or services rendered. DPS will pay Contractor based on itemized invoices submitted to and approved by DPS. The invoices must be itemized and clearly identify the actual commodities and services provided.

B. Contractor’s invoice must include the following: the Contract/Purchase Order number, the remittance address, and any prompt payment discount offered. Contractor must email the invoice to the Contract Monitor and Maintenance Officer listed in the Contract and to apinvoices@dps.texas.gov.

mailto:apinvoices@dps.texas.gov

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The State of Texas will not incur any penalty for late payment if the invoice fails to conform to the requirements of this section or if Contractor did not email the invoice to the appropriate email addresses identified in this section.

B.3 PAYMENTS

A. DPS recommends that Contractor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Contractor elects to be set up for direct deposit payment, Contractor must submit a completed Direct Deposit Authorization Form (74- 176).

B. Regardless as to whether Direct Deposit is chosen, Contractor must submit a completed Application for Texas Identification Number (AP-152) and Request for Taxpayer Identification Number and Certifications (W-9) Form with its submittal.

C. If Contractor has previously submitted a completed Direct Deposit Authorization Form and Request for Taxpayer Identification Number and Certifications Form to DPS for another separate contract, Contractor is not required to submit another form.

B.4 MANDATORY PRICING SCHEDULE

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

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SECTION C - QUALIFICATIONS

C.1 INTRODUCTION

DPS is seeking applications from licensed physician facilities to perform/provide pre-employment medical examinations (physicals) and evaluations with applicable accompanying documentation for DPS law enforcement candidates. DPS reserves the right to make multiple awards. Once enrolled, Contractors will provide services to DPS on an as-needed basis in accordance with contract terms.

C.2 SCOPE OF WORK

C.2.1 Qualifications and Requirements

A. Applicants must possess, meet, and provide with their response proof of the requirements and requested documents for the following qualifications:

I. Complete history of the business entity and its facilities, which must include at minimum:

1) Information stated in Section D.8.2. C

2) Last five years of medical staff experience

3) If any, negative history of unethical business practices

II. A minimum of three consecutive years of contract experience in providing professional physical examination services for military or government law enforcement candidates

III. A minimum of three past contracts their facility has or is currently performing that are similar in size and scope, which must include:

1) Contract start and end dates

2) Client contact name, email, and telephone number

3) Brief description and scope of work performed

IV. A plan that identifies the qualified staffing that will be available to provide services under this contract and staff availability, including necessary medical licenses and technical certifications

B. Applicants’ examining physicians must hold a current and valid medical license issued by the Texas Medical Board and must possess a minimum of three years’ practical experience in the field of pre-employment physical examinations.

C. Applicants’ examining physicians must be trained or have experience with sports medicine or military/law enforcement medical entrance examination standards for the United States Department of Defense used by DPS. Applicants must provide a document listing a minimum of three years of training and/or experience for each examining physician in these areas.

D. Applicants must provide current resumes for any of its personnel (physicians, medical specialists, registered nurses, etc.) and medical subcontractors (orthopedic specialists, cardiologist specialists, registered nurses, etc.) who are proposed to conduct the pre-employment medical examinations or any other evaluation for DPS Candidates.

Resumes must be identical in format and must present sufficient detail applicable to services being requested and must contain at minimum the following information:

I. Full legal name

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II. Title or Role III. Percentage of time the individual will dedicate to this contract IV. Five-year employment history including specific description of job responsibilities V. Relevant experience, qualifications and areas of expertise and specialization

VI. Education and any certifications VII. A copy of applicable medical professionals’ official license(s) must accompany their resume VIII. Any additional information to indicate the individual’s ability to aid the applicant in successfully completing the required services E. Applicants must provide pricing for all services listed in the Mandatory Pricing Schedule exhibit to be considered for an award.

F. No individual physician respondent applications will be accepted.

G. Only applicants providing all of the required documentation stated in Section C.2 and

Section D.8 will be considered. Failure to provide any of the required documents may result in disqualification of application.

C.2.2 Examination Service Requirements

The contractor must provide all of the examination services listed under the service categories as defined below following the stated minimum required testing for each service category.

DPS will provide the following forms to the contractor to be completed and signed by the examining physician for each DPS candidate. The contractor is responsible for digitally uploading the completed forms to a secured portal as designated by DPS for DPS review and records following the submission requirements stated in C.2.5:

1) L-2 - Licensee Medical Condition Declaration

2) RC-11 - Report of Vision Specialist

3) RC-13 - Personal History Statement Medical-Related Inquiries/Medical History

(completed by the candidate and reviewed by the medical staff)

4) RC-14 - Notice to Physician (certificate of examination)

A. Category One, Comprehensive Pre-Employment Physical Examination Contractor must provide and submit interpretation and report(s) for each applicable test below to be provided to the DPS Contract Monitor using a secure portal as designated by DPS.

I. Bloodwork

1) Comprehensive Metabolic Blood Panel Test

2) Drug Screening - Ten-panel

3) Buprenorphine

4) Barbiturates

5) Benzodiazepines

6) Cocaine

7) Methadone

8) Morphine

9) Methamphetamine

10) Marijuana

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11) Oxycodone

12) Tricyclic Antidepressants

13) Anabolic Steroid Urine Test

II. Chemical Strip Analysis - Chemical Test Strip Urinalysis (U/A Dipstick):

1) Specific gravity

2) pH

3) Protein

4) Glucose

5) Ketones

6) Blood

7) Leukocyte esterase

8) Nitrite

9) Bilirubin

10) Urobilinogen

III. Vision Screening:

1) Acuity – Left, Right, Both eyes / Uncorrected, W/Glasses, W/Contacts

2) Field of Vision – Left and Right eyes

3) Color Blindness

IV. Audiogram V. Electrocardiogram (EKG)

B. Category Two, X-Rays (required only if needed to complete an evaluation of Candidates’ previous injuries, if any, and must be performed during the DPS Candidate’s Comprehensive Pre-Employment Physical Examination) Contractor must provide and submit interpretation and report(s) for each applicable test below to be provided to the DPS Contract Monitor using a secure portal as designated by DPS.

I. X-Rays:

1) Ankle (2 View)

2) Ankle (3-view)

3) Abdomen (1-view)

4) Abdomen (2-view)

5) Abdomen (3-view)

6) Calcaneus (1-view)

7) Calcaneus (2-view)

8) Cervical Spine (2-view)

9) Cervical Spine (3-view)

10) Cervical Spine (4-view)

11) Cervical Spine (5-view)

12) Cervical Spine (7-view)

13) Chest (1-view)

14) Chest (2-view)

15) Chest (3-view)

16) Chest (4-view)

17) Clavicle (2-view)

18) Clavicle, complete

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19) Dorsal Spine (2-view)

20) Elbow (1-view)

21) Elbow (2-view)

22) Facial (3-view)

23) Facial Bones, Complete

24) Femur (2-view)

25) Finger (2-view)

26) Finger (3-view)

27) Foot - Bilateral (5-view minimum)

28) Foot (2-view)

29) Foot (3-view)

30) Forearm (2-view)

31) Hand (2-view)

32) Hand (3-view)

33) Hand (4-view)

34) Hip (2-view)

35) Humerus (2-view)

36) Knee (1-view)

37) Knee (2-view)

38) Knee (3-view)

39) Knee (4-view)

40) Knee (6-view)

41) Lumbar Spine (1-view)

42) Lumbar Spine (2-view)

43) Lumbar Spine (3-view)

44) Lumbar Spine (4-view)

45) Lumbar Spine (5-view)

46) Lumbar Spine (6-view)

47) Lumbar Spine (7-view)

48) Mandibular (2-view)

49) Mandibular (3-view)

50) Mandibular (4-view)

51) Nasal (2-view)

52) Nasal (3-view)

53) Oblique (2-view minimum)

54) Orbit, Complete (3-view minimum)

55) Pelvis (1-view)

56) Pelvis (2-view)

57) Pelvis (3-view)

58) Rib Bilateral (3-view)

59) Rib Bilateral (4-view)

60) Rib Bilateral (5-view)

61) Rib Unilateral (3-view)

62) Rib (2-view)

63) Rib (3-view)

64) Sacrum (2-view)

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65) Scapula (2-view)

66) Shoulder (1-view)

67) Shoulder (2-view)

68) Shoulder (3-view)

69) Sinus (2-view)

70) Sinus (3-view)

71) Sinus (4-view)

72) Skull (2-view)

73) Skull (3-view)

74) Spine OM-L (2-view)

75) Thoracic Spine (1-view)

76) Thoracic Spine (2-view)

77) Thoracic Spine (3-view)

78) Thoracic Spine (4-view)

79) Tib/Fibula

80) Toe (2 view)

81) Wrist (1-view)

82) Wrist (2-view)

83) Wrist (3-view)

84) Wrist (4-view)

85) Wrist (5-view)

If applicable, applicant must provide a list of additional x-rays offered that are not listed above and include them in the Mandatory Pricing Schedule exhibit.

C. Category Three, Orthopedic Specialist Evaluation Consultation

I. If deemed required by the evaluating physician based on the results of the Candidates Comprehensive Pre-Employment physical examination, the Contractor will send the Candidate to an Orthopedic Specialist for an evaluation.

II. The Specialist Evaluation Consultation appointment must be set by the Contractor and occur within 24 hours after the initial physical examination appointment is completed. When exams are conducted on a Friday, the Contractor must schedule any necessary additional examinations for the following Monday.

III. The Contractor must provide verbal notice of appointment with the Specialist no later than 24 hours after the DPS candidate completes initial physical with Contractor to the DPS Contract Monitor by phone and email detailing the appointment with the specialty physician’s name, date, time, and facility address.

IV. The Contractor must provide and submit reports related to the Specialist evaluations to the DPS Contract Monitor using a secure portal as designated by

DPS.

D. Category Four, Cardiologist Specialist Evaluation Consultation

I. If deemed required by the evaluating physician based on the results of the Candidates Comprehensive Pre-Employment physical, the Contractor will send the Candidate to a Cardiologist Specialist for an evaluation.

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II. The Specialist Evaluation Consultation appointment must be set by the Contractor and occur within 24 hours after the initial physical examination appointment is completed. When exams are conducted on a Friday, the Contractor must schedule any necessary additional examinations for the following Monday.

III. The Contractor must provide verbal notice of appointment with the Specialist no later than 24 hours after the DPS candidate completes initial physical with Contractor to the DPS Contract Monitor by phone and email detailing the appointment with the specialty physician’s name, date, time, and facility address.

IV. The Contractor must provide and submit reports related to the Specialist evaluations to the DPS Contract Monitor using a secure portal as designated by

DPS.

C.2.3 Location of Services to be Performed

A. All services, including any testing and collection of specimen samples, as required, are to be performed and/or collected on-site at the Contractor’s facility the day of the DPS Candidates’ appointment.

B. Applicants’ facilities must be located within a fifteen (15) mile radius of DPS’s Headquarters complex located at 5805 N. Lamar Blvd, Austin, Texas 78752. Applicants must provide a list including the address for each facility in its response.

C.2.4 Facility Requirements

A. The Contractor must be available to conduct exams Monday through Friday from 8:00 AM CT to 8:00 PM CT.

B. The Contractor must be able to process a minimum of 15 Candidates per day throughout the term of this Contract.

C. The Contractor is required to meet and maintain all state and federal regulations including but not limited to inspections, facilities, staff, equipment, etc. throughout the duration of the contract.

C.2.5 Form and Report Submission Requirements

A. The Contractor must complete all services and required forms as stated under C.2.2 within ten (10) business days from initial examination appointment. Required forms must be submitted through a secured online portal designated by DPS to the DPS Contract Monitor or designee.

I. If Contractor cannot meet the ten (10) business day requirement, Contractor must email an extension request to the DPS Contract Monitor or designee. The following are the only permissible extension reasons for the ten (10) business day form return requirement:

1) If further testing is required for the candidate

2) If the candidate must submit additional information so that Contractor can complete forms, or

3) If anabolic steroid test results need to be submitted later (these may be

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B. The Contractor is required to provide weekly reporting for each DPS Candidate who is examined detailing which exams were performed. This report must include but is not limited to the following information:

I. Candidate legal name II. Date Candidate was seen

III. Status of services provided IV. Completed services, dated V. Recommendation (Yes or No)

VI. Pending Reason, if applicable VII. Extension request, if applicable

VIII. DPS Approval or denial of request IX. Date Ready for submission to DPS X. Date when Candidate L-2 disqualifications are reported to TCOLE, if applicable

C. If no Candidate is examined in any given week throughout the duration of a contract, no reporting or notification is required to be submitted to the DPS Contract Monitor or designee.

C.2.6 Service Acceptance Criteria

A. Acceptance Criteria will be determined by the Contractors’ ability to comply with the minimum requirements for each Candidate’s physical examination and additional examination of specialist timeline, accuracy of forms, and reporting requirements. The following forms will be evaluated prior to acceptance of services:

I. L-2 - Licensee Medical Condition Declaration

1) Contractor is responsible for reporting any L-2 disqualifications to TCOLE within seven (7) business days of the candidates’ examination.

II. RC-11 - Report of Vision Specialist

III. RC-14 - Notice to Physician (certificate of examination)

C.2.7 Utilization

A. DPS has sole discretion to refer services to any enrolled contractor under this solicitation it determines most qualified to perform the services requested.

B. Services will be provided on an "as needed basis.” DPS will work to give the Contractor as much notice as possible, but there may be instances where the Contractor may be asked to provide services within 24 hours.

C. This Solicitation does not guarantee any number of examinations as an enrolled Contractor.

C.2.8 Contractor Obligations

A. All Contractors’ Physicians assigned to this contract are required to attend DPS’s orientation for Arrest Control Tactics (ACT) and Physical Readiness Testing (PRT) to be scheduled accordingly by the DPS Contract Monitor. This orientation will take place at

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DPS’s Headquarters complex located at 5805 N. Lamar Blvd, Austin, Texas 78752. Any expenses made for travel to attend the required orientation will not be reimbursed.

B. Contractor must be available to be scheduled for the required orientations upon execution of the contract.

C. Contractors’ Physicians must adhere to ethical principles and standards for practice in his/her jurisdiction, and as set forth by the Texas Medical Board (TMB).

D. All services will be conducted at the direction of DPS. Any additional pertinent applicable information compiled about any DPS candidate must be made available to the DPS Contract Monitor or designee.

E. Contractor will be notified of requested service needs via telephone and/or electronic mail.

F. If the Contractor is unable to meet the training requirements listed above, DPS reserves the right to terminate the contract. DPS also reserves the right to terminate any awarded contract at any point for reasons unrelated to training, as allowed per Exhibit F.1 Standard Terms & Conditions.

G. Contractors will be compensated for each examination and/or service completed per the Mandatory Pricing Schedule exhibit.

H. Contractors will not be reimbursed for any meals or mileage acquired before, during, or after performing examinations.

I. Contractors must submit one bill for all services conducted itemizing the billing for any x-rays and/or specialists, If applicable, per the Mandatory Pricing Schedule exhibit.

C.3 TRANSITION

If DPS awards a subsequent competitive solicitation to a new contractor or if DPS decides to perform the work itself, Contractor must work with DPS and any new contractor to smoothly and seamlessly transition the contract. Contractor will develop a transition plan upon request by DPS. DPS must approve the transition plan before implementation. DPS will not release the final invoice until Contractor returns all Work to DPS.

C.4 DPS PERSONNEL

C.4.1 DPS’s Contract Administrator

A. The Contract Administrator for administration of this Contract is Natalia Linda Medina.

B. The telephone number for the Contract Administrator is 956-565-7512.

C. The email address is Natalia.Medina@dps.texas.gov.

The Contract Administrator is responsible for the general administration of this Contract, negotiation of any changes, and issuance of written amendments to this Contract.

If DPS and Contractor agree to amend the Contract, DPS will issue a written amendment signed by authorized signatories of the Parties.

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C.4.2 DPS’s Contract Monitor

A. The Contract Monitor for this Contract is the Training Operations Division.

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

C.5 INSURANCE REQUIRED UNDER THIS CONTRACT

Unless otherwise specified in this Contract, DPS’s Standard Terms and Conditions or any other exhibit or attachment Contractor will acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure this Contract’s proper performance and cover any potential liabilities with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry or as determined by DPS. Contractor will provide evidence of insurance upon request by DPS.

If any policy is determined by DPS to be deficient and does not comply with the terms of this Contract, Contractor will secure such additional coverage as required by DPS, law, regulation, or customary practice. If coverage expires during the term of this Contract, Contractor must produce renewal certificates for each type of coverage.

C.6 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor’s project personnel must submit to a fingerprint-based Criminal History Background Investigation, if required by DPS at Contractor’s expense. To facilitate this Criminal History Background Investigation, each person must complete DPS’s Contractor Background Information form (HR-22), which DPS will provide.

B. If required under the Contract, Contractor will not allow personnel who have not submitted to and successfully completed DPS’s fingerprint-based Criminal History Background Investigation and who do not otherwise maintain a DPS security clearance to work on the Contract. DPS has the right to prevent Contractor’s personnel from gaining access to DPS’s building(s) and computer systems if DPS determines that such personnel do not pass the background check or fail to otherwise maintain DPS security clearance.

C. When required, Contractor’s Project Manager will provide the following to DPS’s Contract Monitor within ten days of executing the Contract:

1. the completed Contractor Background Information form (HR-22) for all proposed personnel; and

2. acceptable fingerprints for all proposed personnel.

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D. Throughout the term of the Contract, DPS may require Contractor personnel to submit to an annual DPS fingerprint-based Criminal History Background Investigation to DPS.

E. Throughout the term of the Contract, Contractor will promptly notify DPS of any activity or action by Contractor’s personnel that may affect that individual’s ability to continue to work under the Contract.

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SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO APPLICANTS

D.1 APPLICATION PREPARATION INSTRUCTIONS

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

B. As designated in the cover page of this solicitation, applications may only be submitted via the email address stated or the DPS Online Bid Room utilizing the procedures in the DPS Online Bid Room Vendor Exhibit. DPS encourages the use of the DPS Online Bid Room for the convenience of the applicants. Submission through both methods is not required.

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

D. Failure of an application to show compliance with these instructions and submit all documentation may be grounds for screening out an application.

E. Applications must use a sans serif 12-point font (such as Arial or Calibri) on an 8-1/2” x 11” format (except for graphic information being requested). Applicants’ Application must be paginated, contain a full table of contents, and have component sections clearly identified by electronic bookmarks.

F. DPS must receive applications no later than the deadline established in this solicitation and submitted to the submission email or DPS Online Bid Room listed on page 1.

G. Applicant must ensure that the Application is clearly labeled.

H. Applicant must submit only material directly pertinent to the requirements of this solicitation. Extraneous narrative, elaborate brochures, uninformative public relations material, and other similar documents may not be submitted.

I. Applicant must submit all pertinent information directly within its Application, information submitted as an internet link does not comply with solicitation requirements and will result in a screened out application. Applicant must submit documentation or information within the response.

D.2 SOLICITATION ADDENDA

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

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

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

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

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

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

D. No Applications can be withdrawn after closing date and time without approval by DPS. Should an Applicant, after closing time, request its Application be withdrawn, the Applicant must email the request to the Contract Administrator listed in the solicitation.

E. DPS is not responsible for submissions delivered to DPS after the date and time stated on the first page of this solicitation. It is the Applicant’s responsibility to ensure that it submits, and that DPS receives, its complete Application timely. DPS recommends that Applicant submit their complete Application well in advance of the due date and time stated on the first page of this solicitation.

F. DPS takes no responsibility for electronic email Applications that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any DPS anti-virus or other security software. Therefore, DPS recommends confirming receipt.

G. Submission via the DPS Online Bid Room will receive submission confirmation through the system. If confirmation is received through the DPS Online Bid Room, no additional confirmation of receipt is required.

D.4 APPLICATION ACCEPTANCE PERIOD

A. All Bids will be valid for 180 days after the solicitation opening date and will constitute an irrevocable response to DPS for the 180-day period.

B. Such period may be extended beyond the 180 days upon mutual written agreement of both parties.

D.5 CONTRACT AWARD

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

D.6 CONTRACT TERM

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The Contract term will begin on the date the Contract is fully executed and end on August 31, 2031

D.7 DPS’S RIGHTS

A. DPS may:

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

2. Waive minor informalities and minor irregularities in Applications received.

B. Waiver of deviations in any Application will not constitute a modification of this solicitation and will not preclude DPS from asserting all rights against the Applicant for failure to fully comply with all terms and conditions of this solicitation. Copyrighted Applications are unacceptable and are subject to being considered non-responsive.

DPS reserves the right to make any corrections or include additional requirements in the resulting contract prior to issuance which are necessary for DPS’s compliance, as an agency of the State of Texas, with all state and federal requirements. DPS reserves the right to consider any Application non-responsive which asserts any copyright on any DPS-created form which is specifically designated by this solicitation to be a form that will be completed and included in an Application submitted in Application to this solicitation.

C. DPS reserves the right to reject any Application or portions of Applications submitted in response to this open enrollment application.

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

E. All Applications and any content provided by the Applicant are considered the property of DPS for use for the life of any resulting contract as determined by DPS with respect to the scope of the project.

F. DPS is not liable for any costs or damages that may be incurred by Applicants or prospective contractors in the preparation, formulation, or presentation of an Application.

G. In case of ambiguity or lack of clarity, DPS may adopt such interpretations as may be advantageous to DPS.

H. DPS reserves the right to withdraw this solicitation at any time for any reason.

I. DPS reserves the right to award no contract and to solicit additional Applications at a later time.

J. DPS incurs no obligation regarding this solicitation. However, all Applications received by DPS will remain confidential until the evaluation process is complete.

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D.8 APPLICATION SUBMISSION INSTRUCTIONS

D.8.1 Volume One – Required Contract Forms and Information

This section will contain the following completed contract sections with authorized representative original signatures, where applicable:

A. Solicitation, Page 1 (with any signed addenda);

B. Information and Certifications Form;

C. Financial Rating and Solvency Information, if applicable;

D. A Redacted Solicitation and Contract Application, if applicable;

E. Direct Deposit Authorization Form (74-176), completed if choosing direct deposit as a possible payment option;

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

G. Application for Texas Identification Number (AP-152); and

H. Documentation from the appropriate state entity that indicates that Applicant is properly certified to conduct business in the State of Texas (e.g., The Certificate of Existence from the Texas Secretary of State and the Certificate of Account Status from the Comptroller of Public Accounts).

D.8.2 Volume Two – Information Application Section

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

B. Introduction: Clear expression of who Applicant is, to include an outline of organizational capabilities, goals, project management process approach, business process management design, and other previous accolades.

C. Information Sheet: Including all information required of Applicant.

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

2. Business form of Applicant (e.g., corporation, partnership).

3. Date and state of incorporation.

4. Names and addresses of principal officers, directors, or partners.

5. A résumé of key personnel who will be providing services in any resulting contract. These résumés must include the percentage of time each person will dedicate to any resulting contract. The Application will include key project personnel as follows:

i. Demonstrated experience in providing the services requested in this solicitation for each key project personnel.

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ii. Résumés for key personnel assigned to any resulting contract will include: project management experience, supervisory experience, business process experience, application languages, hardware installation abilities, software upgrade experience, programming skills/abilities, data formats for each qualifying project.

1) Name

2) Title (current)

3) Education

4) Experience related to projects the staff member was directly involved in:

5) Project(s) Scope:

a) Role

b) Related specific technical qualification experience

c) Start and completion dates (must include MM/DD/20YY)

d) Specific work to be performed or deliverables to be provided under the Contract.

D. Applicant must identify and provide in its Application a minimum of three references relating to past contracts or projects that are similar in size and scope. Applicant must provide, at a minimum, the name, email address, phone number, and title for each reference provided. Additionally, Applicant must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

E. Organizational, biographical, and Financial Rating information, if applicable, for the Applicant.

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

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

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

I. Business Continuity and Disaster Recovery Plan. Applicant must submit, with its Application, descriptions of its business continuity and disaster recovery plan and processes. If DPS awards a Contract under this solicitation, Contractor must submit, within ten days from Contract award, its plans regarding how Applicant will protect DPS’s vital state records throughout the life of the Contract and for

Page 22 of 26 Version 1.2, Template Approved 05/01/2025 any record retention period required beyond the life of the Contract. The plans must include specific actions Contractor will take to meet DPS’s essential function recovery times and the related artifacts for the methodologies, tests, and exercises used to validate its business continuity and disaster recovery plan.

DPS may reasonably require Contractor to amend its business continuity and disaster recovery plan (based on DPS’s dependence or necessity on the particular good or service).

J. Negotiations, Assumptions, and Exceptions. No assumptions may be included in an application. Instead, Applicant must clarify a section of the Solicitation as needed through the question-and-answer process in Section D.8.

DPS cannot negotiate terms or conditions related to the Statement of Work and will disqualify any Application with exceptions or assumptions under most circumstances. Instead of including exceptions, Applicants must request any desired modifications to the solicitation through the question-and-answer process in Section D.8. DPS cannot indemnify vendors under the Texas Constitution. Applicants may not request DPS or Customers to indemnify it.

D.8.3 Volume Three – Pricing Application

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

D.9 DISCUSSION AND CORRESPONDENCE

A. Applicant must communicate and ask questions concerning this solicitation, including any of a technical nature, in writing only to the Contract Administrator listed on page 1 or via the Online Bid Room and in accordance with any required deadlines.

B. DPS will provide written responses to the questions.

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

D. Applicant is specifically prohibited from making contact with any DPS personnel other than the Contract Administrator involved in this solicitation for discussing its applications. The only exception is if the Applicant has questions regarding proper completion of the HSP, the HUB coordinator listed on the HSP may be contacted with a copy to the Contract Administrator.

E. The responsiveness of each Application will be evaluated upon the written instructions provided by throughout this solicitation and as described in Section E, Evaluation Criteria.

F. Unauthorized contact with DPS personnel by any Applicant may result in DPS considering Applicant’s application non-responsive in its entirety.

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

DPS is a governmental body subject to the Texas Public Information Act (PIA), Tex. Gov’t Code Chapter 552. The Application and other information submitted to DPS by Applicant are subject to release as public information by DPS. The Application and other submitted information is presumed subject to disclosure unless a specific exception to disclosure under the PIA applies.

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

Merely making a blanket claim that the entire Application is protected from disclosure because it contains some proprietary information is not acceptable and will make the entire application subject to release under the PIA.

In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Application that are considered by Applicant to be proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified by Applicant as proprietary or confidential will be deemed subject to disclosure under the PIA. Applicant will irrevocably deemed to have waived, and Applicant agrees to fully indemnify the State of Texas and DPS against any claim of infringement by DPS regarding the intellectual property rights of Applicant or any third party for any materials appearing in the Application.

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

A. A complete copy of all of Applicant’s submissions under this solicitation. Applicant must mark this copy’s documents with “Complete Application Documents, [Applicant’s Name], DPS SOLICITATION [SOLICITATION Number]. CONTAINS CONFIDENTIAL

INFORMATION.”

B. A complete copy of all of Applicant’s submissions with all information claimed as confidential excised, blacked out, or otherwise redacted. This copy must also contain an Appendix, which contains clear references to all redacted information including a general description of the redacted information. Applicant must mark this copy’s documents with “For Public Release: Redacted Version of [Applicant’s Name], DPS SOLICITATION [SOLICITATION Number].”

D.11 AGENCY POSTING OF CONTRACTS

After award, information, documentation, and other material in connection with this solicitation or this Contract may be subject to public disclosure under the Public Information Act.

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D.12 ANTICIPATED SCHEDULE OF EVENTS

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

04/24/2026 Open Enrollment Period Opens (Posted to DPS Bid Room and Electronic State Business Daily)

New applications received throughout the open enrollment period will be reviewed on an as needed basis throughout the year.

Application Review

08/31/2031 Open Enrollment Period Closes (Final Date for RECEIPT of Applications)

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

DPS.

Anticipated Contract Start Date

DPS reserves the right, in its sole discretion, to change the above dates. Notices of changes to items directly impacting the original solicitation process will be posted on the Electronic State Business Daily (ESBD) located at: http://www.txsmartbuy.com/esbd and the DPS Online Bid Room. Applicant has the responsibility to check the ESBD and the DPS Online Bid Room frequently for updates. Applicant is solely responsible for verifying receipt of its questions, if applicable, and responding by the deadlines stated. A Applicant’s failure to periodically check the ESBD or the DPS Online Bid Room for updates will in no way release the awarded Applicant from compliance with any requirements in posted “addenda or additional information” although such compliance may result in additional costs to meet the requirements.

Questions regarding this solicitation must be in writing and must be submitted to DPS’s Contract Administrator or via the DPS Online Bid Room by the date and time noted in the table listed in this solicitation. Telephone inquiries will not be accepted. Questions may only be submitted by email or via the DPS Online Bid Room.