ESBD_513376_1778183732765_802-26-70672_RFO_ ADA Compliance Software.pdf

Texas Parks and Wildlife Department Purchasing and Contracting C-1

4200 Smith School Road Austin, Texas 78744

REQUEST FOR OFFERS

RFO No. 802-26-70672

Americans with Disability Act (ADA) Cloud-hosted Software System

NIGP Class/Items: 208-80, 920-03, 920-05, 956-35, 918-25

RFO Issue Date: May 7, 2026 Question Due: May 15, 2026; 2:00 PM CT Offer Due Date: May 22, 2026; 2:00 PM CT

Purchaser: Allye Potter, CTCD, CPPB 512-718-3703

Purchasing.Bidbox@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 solicitation.

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Table of Contents

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. Project Summary and Background

2. Background

3. TXRAMP Certification Requirement

4. Contract Term

5. Qualifications and Experience

6. Scope of Work and Specifications

7. Contractor Requirements

8. Key Personnel Requirements

9. TPWD Responsibilities

10. Performance Measures

11. Adding New Products/Services to Contract After Award

12. Modifications of Contract Terms and/or Amendments

13. Insurance

14. Contract Administration

15. Invoicing and Payment

SECTION II – SUBMISSION REQUIREMENTS

1. Schedule of Events

2. Inquiries

3. Offer Content

4. Offer Submission

5. Delivery of Offers

6. Evaluation and Award

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SECTION III – GENERAL TERMS AND CONDITIONS

EXHIBIT A – EXECUTION OF OFFER

EXHIBIT B – PRICING SCHEDULE

EXHIBIT C – COMPANY PROFILE

EXHIBIT D – KEY PERSONNEL

EXHIBIT E – PAST PROJECTS WITHO CORRESPONDING REFERENCES

EXHIBIT F – TECHNICAL PROPOSAL

EXHIBIT G - SERVICE LEVEL AGREEMENT 48

EXHIBIT H - TXRAMP LEVEL I CERTIFICATION 49

EXHIBIT I - VOLUNTARY PRODUCT ACCESSIBILITY TEMPLATE 50

EXHIBIT J – RESPONSE SUBMISSION CHECKLIST

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SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. PROJECT SUMMARY AND BACKGROUND

1.1. Texas Parks and Wildlife Department (TPWD) is seeking qualified Respondents to provide a Software as a Service (SaaS) cloud-based solution for facility Americans with Disabilities Act (ADA) compliance and tracking to assist managing accessibility for physical spaces.

1.2. The primary goal is to ensure facility compliance with Title II of the 2010 ADA, including Chapter 10 (Outdoor Developed Areas), the 2015 Architectural Barriers Act Accessibility Standards (ABAAS), and the 2012 Texas Accessibility Standards (TAS).

1.3. The awarded Respondent will be required to deliver the specified outcomes in this solicitation and as agreed in any resulting contract. Other features not explicitly mentioned will be considered but will be given lower priority, particularly those related to grievances or public consumer interaction.

1.4. The proposed solution shall address the following:

1.4.1. Facilitate the collection and reporting of accessibility project data, including self-evaluations, organization, and dissemination of information to relevant stakeholders, and support transition planning with tracking capabilities.

1.4.2. Offer an efficient data collection system, preferably through checklists and software prompts, allowing for customization in data placement, segregation, and presentation.

1.4.3. Be adaptable and scalable to accommodate future customizations as needs evolve.

1.4.4. Possess key features that include capturing Global Positioning System (GPS) coordinates for ADA non-compliance locations and integrating this data with Geographic Information System

(GIS).

1.4.5. The Solution's shall have the ability to integrate with TPWD’s Facility Asset Management System

(FAMS).

1.4.6. Preferably, the Solution will support ESRI-compatible data services or export to .csv format, including GPS coordinates and photo attachments with proper keys.

2. BACKGROUND

The TPWD Accessibility Office manages the installation of accessibility components in new builds, retrofits, and repairs at state owned facilities across Texas. TPWD aims to identify and address both program and physical barriers, creating an accessible future. The solution requested herein will collect and organize data to develop and update an agency transition plan, prioritizing ADA upgrades and tracking progress. TPWD seeks a cloud-based, end-to-end solution to manage 120 sites, 3,000 facilities, and up to 70,000 data points.

3. TX-RAMP CERTIFICATON REQUIREMENT

3.1. In the 87th Legislative Session, the Texas Legislature passed Senate Bill 475, requiring the DIR to establish a state risk and authorization management program that provides “a standardized approach for security assessment, authorization, and continuous monitoring of cloud computing services that process the data of a state agency.” To comply, DIR established a framework for collecting information about cloud services security posture and assessing responses for compliance with required controls and documentation. Texas Government Code 2054.0593 mandates that state agencies as defined by Texas Government Code 2054.003(13) must only enter or renew contracts to receive cloud computing services that comply with TX-RAMP requirements beginning January 1, 2022. TXRAMP Level 1 Certification must be obtained by January 1, 2024. TX-RAMP Provisional Certification may be obtained in place of TX- RAMP Level 1 or 2 Certification for a period of 18 months to expedite compliance to assist with active procurements.

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3.2. Pursuant to Section 2054.0593(d)-(f) of the Texas Government Code, relating to cloud computing state risk and authorization management program, Respondent represents and warrants that it complies with the requirements of the state risk and authorization management program and Respondent agrees that throughout the term of the contract it shall maintain its certifications and comply with the program requirements in the performance of the contract.

3.3. Respondents are highly encouraged to visit the DIR website https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp for additional information on TX-RAMP and certification process. Unless the service(s) falls within the “Out of Scope” category.

3.4. TX-RAMP Out of Scope –Categories & Characteristics:

(a) Consumption-focused (advisory/research)

(b) Graphic Design/Illustration

(c) GIS/Mapping

(d) Email/Notification Distribution

(e) Social Media

(f) Survey/Scheduling

(g) LMS/Training

(h) Accreditation/Compliance Requirements

(i) Low-Impact SAS

4. CONTRACT TERM

4.1. Initial Contract Term: The SaaS cloud-based solution must be fully functional by May 4, 2026. The contract shall commence on Date of Award and continue through August 31, 2027, unless sooner terminated under the terms of the contract.

4.2. Renewal Option: Contract may be renewed for up to four (4) 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. A price escalation may be allowed upon renewal provided the Contractor notifies TPWD FR-Purchasing and Contracting section in writing, a minimum of sixty (60) days prior to renewal.

4.3. Contract Extensions: In the event that the contract, if any, resulting from the award of this solicitation 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 Vendor, extend the contract for a period of time as may be necessary to permit TPWD continued service of the identified products and/or services (not to exceed twelve month extension period). Any extensions shall be under the same terms and conditions, plus any approved changes.

4.4. 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.

4.5. Amendments: The contract may be amended in writing by mutual consent of the parties by the issuance of a Contract Amendment document. Verbal changes are not allowed.

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

5. QUALIFICATIONS AND EXPERIENCE

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

5.1.1. Capability to deliver the required services, including process, functional and technical expertise.

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5.1.2. Qualifications – more than three (3) years providing Software as a Service cloud-based system and testing services to include customer-facing and internal communication skills. Recent start-up businesses do not meet the requirements of this solicitation. A start-up business is defined as a new company that has no previous history or expertise in the relevant business and is not affiliated with a company that has that history of expertise.

5.1.3. Shall have available the necessary qualified personnel, skills, qualifications, organization, facilities, equipment, and supplies required to fulfill all requirements under this solicitation and any resulting contract.

5.1.4. Shall be in good litigation and financial standing. TPWD reserves the right to require a copy of the Respondents audited or un-audited financial statement. All such documents shall be furnished upon TPWD request.

5.2. Supporting Documentation: Respondent shall complete and submit Exhibit C – Company Profile, Exhibit D – Key Personnel, Exhibit E – Past Projects with Corresponding References, and Exhibit F – Technical Proposal with response submission to provide documentation to support the above qualifications.

6. SCOPE OF WORK AND SPECIFICATIONS

The successful Respondent (and awarded Contractor) shall provide a Software as a Service (SaaS) cloud-based solution for Americans with Disabilities Act (ADA) compliance and tracking to include, but shall not be limited to, the following functions, capabilities, and requirements:

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. System Requirements:

6.2.1. Platform must align with ADA guidelines and regulations to meet Title II obligations.

https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/

6.2.2. Must be an independent, dedicated facilities ADA compliance tracking solution. The software shall not be an “add-on” to an asset management system of any kind.

6.2.3. Shall be an off-the-shelf system, easily customizable for TPWD needs with efficient data collection and mobile (cellphone) and tablet application capabilities.

6.2.4. Shall possess the ability to integrate existing assessment data into the awarded Contractor’s software, allowing customization of data placement, segregation, and presentation.

6.2.5. Shall be adaptable and scalable to accommodate future customizations as the needs of TPWD evolve.

6.2.6. Must have the ability to store agency asset information, including barrier identification, GPS location with GIS capabilities, asset age, priority, cost, and work order management, with integration into TPWD's existing Facility Asset Management System (FAMS).

6.2.7. Must be an intuitive, cloud-based platform with easy data entry, checklist prompts, and clear instructions for new users.

6.2.8. Online forms must be customizable for TPWD’s needs, with the ability to export in .csv format or through similar means.

6.2.9. Must support the upload of attachments, including documents and photos, with the ability to edit images directly within the software platform.

6.2.10. Must meet statewide data storage standards.(Reference Chapter 13 TAC 7.76, and TGC 2054.130)

6.2.11. Must include a robust and thorough audit trail with GPS and GIS capabilities.

6.2.12. Must integrate with Microsoft Outlook to allow for notifications, communications, and calendar appointments to be sent via internal and external agency emails.

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6.2.13. Must have the ability to provide multi-user access and administration and the ability to provide users with role-based permissions.

6.2.14. Must be able to accommodate a minimum of twenty (20) simultaneous users.

6.2.15. Must be able to provide clear warnings and notifications to admin users at least 48 hours before any system updates or overhauls to allow admin users to sync data and avoid loss of collected or “cloud” data.

6.2.16. The awarded Contractor must provide in-person on-boarding training within first month of contract.

6.2.17. The awarded Contractor must provide training opportunities at least two (2) times per year.

Training must be open to any TPWD employee.

6.2.18. Awarded Contractor must hold quarterly meetings with the TPWD Project Manager and any other invited guests to exchange feedback and/or provide updates throughout the contract.

6.2.19. Awarded Contractor shall offer voluntary educational opportunities to enhance data collection knowledge and foster professional networking.

6.2.20. Awarded Contractor must offer a customer support phone number or chat feature that is available 8:00 am – 5:00 pm CST, at a minimum. Customer support shall be included in base cost.

6.2.20.1. Chat features may integrate Artificial Intelligence (AI) support, but the AI assistant must lead the user to a “real person” for in-depth support if the issue cannot be resolved by the AI assistant.

6.3. Compliance Requirements:

Awarded Contractor and the proposed software/platform must be compliant under the following guidelines and regulations:

6.3.1. 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

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

6.3.3. Data Security Standards for Texas State Agencies Texas Administrative Code, Title 1, Part 10, Chapter 202 (TAC 202) https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=1&pt=10&ch=202

6.3.4. Awarded Contractor and solution system are required to monitor the https://tpwd.texas.gov/ website and subsequent related sites

6.3.5. Awarded Contractor shall submit a copy of their Voluntary Product Accessibility Template (VPAT) with their submission. https://www.itic.org/policy/accessibility/vpat

6.3.6. The awarded Contractor shall provide tools conformant with Section 508 of the Rehabilitation Act.

https://www.access-board.gov/about/law/ra.html#section-508-federal-electronic-and-information-technology

6.4. Reports:

6.4.1. The solution must include the ability to generate reports based on the Compliance Requirements outlined in Section 6.3.

6.4.2. The solution must generate a Transition Plan Report as defined under the ADA Title II (35.150 Existing Facilities). The plan shall at minimum:

6.4.2.1. Identify physical obstacles in the public entity’s facilities that limit the accessibility of its programs or activities to individuals with disabilities;

6.4.2.2. Describe in detail the methods that will be used to make the facilities accessible;

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6.4.2.3. Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and

6.4.2.4. Indicate the official responsible for implementation of the plan.

6.4.3. The solution shall provide additional report options that include but are not limited to:

6.4.3.1. Ability to email reports

6.4.3.2. Report summary generation

6.4.3.3. Graphing and other visual modeling of data.

6.5. License Type(s) and System Roles:

6.5.1. Provide a detailed breakdown of license type(s) and system roles.

6.5.2. The solution shall have multi-user capability. This includes the ability for simultaneous use of the system as well as the ability to add new users year-over-year.

6.5.3. The solution must be able to be integrated with the TPWD Active Directory for user log-in authentication.

6.6. Data Export:

6.6.1. Data collected and entered must be easily exported to common facility and asset management products such as Procore, Cobblestone, ArcGIS, Microsoft Office products (Excel), and Adobe products (pdf).

6.7. Grievance Tracking:

6.7.1. The solution shall provide a customizable workflow to follow grievance from submission to resolution and shall allow multiple users to participate in the grievance process.

6.7.2. Multiple users shall have the ability to monitor the status of the grievance and add information while the grievance is under investigation.

6.7.3. The solution shall retain information for future reporting after the grievance becomes inactive or resolved.

6.8. Maintenance and Repair Tracking:

6.8.1. Shall track accessibility barrier removals needed to bring an asset up to ADA and TAS compliance.

6.8.2. Shall allow for the scheduling of maintenance for assets in order to maintain ADA and TAS compliance.

6.8.3. Should assist with scheduling asset end-of-life transitions and/or failures.

6.9. Transition Plans:

6.9.1. Shall manage and maintain the history of changes.

6.9.2. Shall indicate the GIS location.

6.9.3. Shall provide a platform for public comment, public surveys, and/or public notices.

6.9.4. Shall provide links in real-time to TPWD GIS programs.

6.10. Cost Tracking and Notices:

6.10.1. Shall allow the agency to set budgets for various accessibility projects.

6.10.2. Shall provide the ability to audit the progress of ongoing projects for both capital and maintenance level projects.

6.11. Self-Evaluation (Mobile Application):

6.11.1. Shall have an accompanying mobile application (mobile app) that works offline with tracking, reporting and asset collection features available.

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6.11.2. Users shall have the ability to utilize the mobile app to upload progress details and updates on specific projects and manage work orders.

6.11.3. Historical data will be retained through the mobile app. As such, updates will not erase previous data entry on a project.

6.11.4. All data stored and maintained within the proposed mobile app shall be the property of TPWD.

The awarded Contractor will work with TPWD to transition the data, in the format prescribed by the Project Manager, to TPWD within ninety (90) days of the end of the contract.

6.11.5. The mobile app should be compatible with both iOS and native Android platforms.

6.12. Deliverables:

6.12.1. A Project Kickoff Meeting will be scheduled by TPWD with the awarded Contractor. This meeting will initiate the start of the project and include implementation strategies, transition plans, the project work plan, and other action items.

6.12.2. A Project Implementation Plan shall be provided with a completion date (mutually agreed upon between the awarded Contractor and TPWD) including the timeline/schedule for implementing the recommended software solution.

6.12.3. Delivery of the fully functioning solution system which has been thoroughly tested by the awarded Contractor.

6.12.4. Training Session(s) – Live training session(s) via web conferencing that details all of the software, system, and mobile app functionality that will be provided to technical and non-technical staff members as identified by TPWD. Written training materials are to be provided to supplement the classroom training. Training should include administrator and end-user training.

6.12.5. Deliverables must be provided on the dates specified in the Project Implementation Plan. Any changes to the delivery date(s) must have prior approval (in writing) by the TPWD Project Manager or designee.

6.12.6. All deliverables must be submitted in a format approved by the TPWD Project Manager.

6.12.7. If the deliverables cannot be provided within the scheduled timeframe, the awarded Contractor is required to contact the TPWD Project Manager(s) in writing with a reason for the delay and the proposed revised schedule. The request for a revised schedule must include the impact on related tasks and the overall project.

6.12.8. A request for a revised schedule must be reviewed and approved by the TPWD Project Manager before placed in effect. Contract Terms and Conditions may dictate remedies, costs, and other actions based on the facts related to the request for a revised schedule.

6.12.9. TPWD will complete a review of each submitted deliverable within fifteen (15) business days.

6.13. Security and Disaster Plans:

6.13.1. Security Plan:

A. Controls:

1) Appropriate security controls shall be in place to provide safeguards against unauthorized access and to protect and such controls shall uphold the confidentiality, integrity and availability of all contractor-controlled systems and data.

2) Appropriate security mechanisms, 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 software/system and use it for authorized purposes only.

3) 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.

4) All confidential, sensitive and regulated data that is stored, backed up and in transit shall be encrypted.

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5) Shall require secure login 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.

6) Penetration and web application scans shall be performed annually and awarded Contractor shall mitigate and remediate any findings.

7) Solution/application shall work in the latest versions of the Microsoft Edge, Google Chrome and Mozilla Firefox browsers.

8) For sending mail on behalf of TPWD the awarded contractor shall configure Domain-based Message Authentication, Reporting, and Conformance (DMARC) with Sender Policy Framework (SPF) and DomainKeys Identified Mail (DKIM).

B. Passwords:

1) 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.

2) Access to the system shall require role-based security and controlling privileges to users based on predefined roles.

3) Access to the system shall use authentication mechanisms associated with usernames, IDs and passwords for all users and customers.

4) Password renewals, resets and new password creation processes shall NOT include the transmittal of passwords and IDs in plain text.

5) Passwords and IDs shall NOT be sent together in the same e-mail.

6) Temporary passwords shall be sent to users and customers and they shall be challenged to ensure authenticity.

7) Upon successful password reset, an email shall be sent to the user or customer informing them that their password has been changed.

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

9) Automated processes shall exist to permit users and customers to retrieve their IDs without manual intervention. Users and customers shall be challenged via confirmation of e-mail addresses and answers to security questions to ensure authenticity.

10) Server system event logs shall be monitored routinely within agreed upon time frames for malicious activity such as Brute Force and Dictionary attacks to protect agency data and against unauthorized access.

11) The solution must be capable of Active Directory Authentication for accounts and access control both online and via mobile or tablet applicaitons. 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.

12) User accounts shall be role-based to allow more control of the user’s access.

C. Personal Identifiable Information (PII):

1) All form entry boxes for entering confidential information shall use masking to hide the information from view and/or malicious capturing capabilities in order to protect the information.

2) All confidential information and personally identifiable information (PII) shall be encrypted in transit and when stored in system databases to prevent malicious capturing of such information.

3) All customer information obtained from any source shall be kept private and not shared or distributed to anyone other than authorized TPWD personnel unless at the direction

RFO No. 802-26-70672 Page 11 of 51 of authorized TPWD personnel. Prohibited actions include, but are not limited to, adding names to any mailing lists, utilizing any third-party services to report customers’ buying habits, sharing information internally or with affiliates, and any other actions that could compromise the privacy of customers.

D. Breach:

1) In the event of a security breach, Contractor must provide TPWD with an Incident Response Report/Security Breach Analysis no later than 30-60 days (or sooner) upon confirmed breach.

2) The awarded Contractor shall be solely liable for all claims and damages resulting from a security breach to the extent authorized by law. The awarded Contractor shall indemnify and hold harmless TPWD and the State of Texas from and against any and all costs and claims resulting from the security breach.

3) The awarded Contractor must report the cause of the breach to TPWD upon completion of the breach investigation.

6.13.2. Disaster Recovery:

A. Awarded 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.

B. Awarded Contractor’s 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.

C. Awarded Contractor will work with TPWD to ensure that the Disaster Recovery Plan is approved by TPWD prior to the system going live.

D. Awarded Contractor’s 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 the awarded contractor and TPWD with a sign-off upon completion of the review process.

E. Awarded 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.

F. Primary and Disaster Recovery sites must be geographically stationed in low-risk earthquake, flood zones, inclement weather environments, etc. and must be within short distances of district fire and emergency response stations.

G. 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 ensure continued business continuity.

H. The Disaster Recovery Plan shall be a living document. All updates shall be tracked accordingly and shall include revision control mechanisms and include appropriate sign-off from the awarded contractor and Agency.

I. The Disaster Recovery Plan approval process shall include appropriate sign-off from the awarded contractor and Agency.

J. 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.

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

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6.14. Vendor and Agency Interactions:

6.14.1. Reports and Meetings:

A. Contractor is required to provide the TPWD Project Manager with weekly written progress reports of this project due by the close of business on a specified day each week throughout the implementation stage of the project.

B. Progress reports must cover all work performed and completed during the week for which the progress report is provided and must present the work to be performed during the subsequent week.

C. Progress report must identify any problems encountered or still outstanding with an explanation of the cause and resolution of the problem or how the problem will be resolved.

D. Post implementation, Contractor shall be responsible for conducting quarterly status meetings with TPWD Project Manager(s). The meetings shall be held between TPWD and Contractor on a mutually agreed day of each quarter. The meetings may be held in person or remotely, at the discretion of the TPWD Project Manager. Additional meetings shall be scheduled as needed.

6.14.2. Escalation Procedure:

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

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

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

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

E. If the conflict remains unresolved fourteen (14) days after Level 2 intervention, then either party may terminate the contract. If the conflict is addressed by termination, the awarded Contractor agrees to refund TPWD, within thirty (30) days of the termination date, the full amount of any prepaid fees attributable to services not performed or deliverables not met as of the termination date.

6.14.3. Service Level Agreement:

The awarded Contractor shall submit a sample Service Level Agreement (SLA) for TPWD to review and consider. Below is an example of what may be included in the SLA. Once finalized, the SLA will be incorporated into and attached as an exhibit to the final Contract.

A. Achievement of Budget Goals (total and subtotals)

B. Achievement of Schedule Goals (final and interim)

C. Security (as defined by TPWD)

D. Quality (as defined by TPWD)

E. Availability (data, system, and components)

F. Performance (transmission, response, or completion times)

G. Meantime to Resolution (MTR)

H. Business Continuity

I. ISO/ANSI standards

J. IEEE standards

K. Required communications (meetings, reports, calls, emails)

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L. Required documents (plans, estimates, schedules, analyses)

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

N. Effective risk management and response (adherence to plans)

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

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

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

R. Reliability (queries generate same valid results)

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

T. Acceptable usage (query controls)

U. Correct mapping of old to new (no functions or data lost that were not planned to retire)

V. Previous software, system, or service retired on time

7. CONTRACTOR REQUIREMENTS

7.1. Prior to the start of Contract, TPWD and the awarded contractor will each designate a person to be the single point of contact for all communications regarding the Contract.

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

7.3. Contractor shall provide all labor, materials and equipment necessary to meet requirements of the specified services throughout the term of the contract.

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

7.5. Contractor shall be responsible for any and all costs associated with correcting, repairing, and mitigating any and all malfunctions, “bugs”, glitches, or other unintended behavior in the proposed solution that arise due to no fault of TPWD or its users.

7.6. Contractor 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.

7.7. Contractor shall follow relevant safety rules and conduct the work in a safe manner.

7.8. Contractor shall attend meetings for kick-off, configuration, and project implementation, either virtually or in person, as coordinated and agreed upon with TPWD.

7.9. The awarded Contractor will provide support to TPWD team remotely throughout the planning and implementation stage and throughout the life of the Contract.

7.10. The awarded Contractor agrees to conduct all its services under the awarded contract by and through appropriate communications with TPWD. No work, installation or other services shall be undertaken by the awarded contractor except with the prior written authorization by TPWD. The awarded contractor understands and agrees that work, installation or other service performed without prior written authorization of the TPWD is work outside the scope of this contract and shall be performed exclusively at the awarded contractor’s risk and expense.

8. KEY PERSONNEL REQUIREMENTS

8.1. Contractor shall provide a primary point of contact Contract Project Manager (CPM).

8.2. The CPM shall:

8.2.1. Serve as primary point of contact for TPWD

8.2.2. Have primary responsibility for the day-to-day operation of the services in accordance with the requirements of the contract

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8.2.3. Have the authority to issue, execute, grant, and provide any approvals, requests, notice and other communications that pertain to goods/services being provided

8.2.4. Oversee all services being performed

9. TPWD RESPONSIBILITIES

9.1. TPWD will designate a Project and Project Manager upon contract award.

9.2. TPWD will furnish no material, labor, equipment, or facilities unless otherwise provided for in this contract.

9.3. TPWD will make every reasonable effort to make applicable stakeholders and subject matter experts available to the awarded contractor during the Contract.

9.4. TPWD will coordinate and schedule interactions between the awarded contractor and agency staff.

9.5. TPWD will provide timely review of deliverables by the awarded contractor, indicating either acceptance or rejection (with reasons for rejection) within fifteen (15) business days.

10. PERFORMANCE MEASURES

10.1 TPWD will monitor vendor performance. Failure to provide goods and/or services in accordance with deliverables specified herein and the resulting contract(s) and adherence to the TPWD Terms and Conditions may be considered by TPWD as unsatisfactory performance by the contractor. An unsatisfactory performance may result in a negative vendor performance report, cancellation of the contract, or both.

10.2 TPWD will measure and evaluate Contactor’s performance under the contract. If the Contractor does not meet any standards or deliverables and/or performance incentives (if applicable), TPWD may impose remedies if the Contractor fails to meet their responsibilities as outlined in the RFO and the terms and conditions of the contract. All services and deliverables under the contract shall be provided at and acceptable quality level and in a manner consistent with applicable industry standards, customs, and practices. In the event TPWD deems the Contractor’s performance does not meet an acceptable quality of service and deliverables, TPWD may seek or negotiate remedies with the Contractor. Remedies shall include negative vendor performance report, corrective action plans, and withholding of payment due to poor performance and contract non-compliance.

10.3 Contractor shall be responsible for the performance of any contractual obligations that may result from an award based on this RFO and shall not be relieved due to non-performance. By submitting an offer, the Respondent commits to providing the goods and / or services required in this RFO.

11. 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 in 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.

12. MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

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

12.2. The Contract may only be modified or amended upon mutual written agreement of TPWD Procurement Division Purchaser(s) and the Vendor. An Amendment will be issued to document any changes to the Contract such as statement of work, pricing, terms, delivery, etc.

12.3. Terms and conditions that do not conflict with the Contract and are acceptable to the Contractor(s) may be added in the awarded Contract and given effect. No additional term or condition added can conflict

RFO No. 802-26-70672 Page 15 of 51 with or diminish a term or condition of the Contract. In the event of a conflict, the Contract term shall control.

13. INSURANCE

13.1. Contractor shall procure and maintain during the entire period of their performance under this contract, the following minimum insurance.

Type of Insurance Each Occurrence/Aggregate

Workers Compensation STATUTORY LIMITS

Employer's Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 Ea. Accident $1,000,000 Ea. Employee $1,000,000 Policy Limit

Commercial General Liability General Aggregate Applies Per Project

$2,000,000 Aggregate $5,000 Medical Expense each person $50,000 Damage to Premises Rented to You $2,000,000 Products Completed Operations $1,000,000 Personal & Advertising Liability $1,000,000 Each Occurrence

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$1,000,000 Combined Single Limit

13.2. Policy must contain an additional insured endorsement: The State of Texas, acting through Texas Parks and Wildlife Department and its officers and employees, is listed as an additional insured and loss payee.

13.3. The required coverage is to be with companies licensed in the state of Texas, with an “A” rating from A.M.

Best, and authorized to provide the corresponding coverage.

13.4. Prior to the commencement of the project and not later than ten (10) days following award, the Contractor shall furnish to TPWD, for approval, a Certificate of Insurance as proof that the required insurance is in full force and effect. The certificate of insurance shall be sent to: Allye Potter / FR-Purchasing & Contracting, Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; by email to purchasing.bidbox@tpwd.texas.gov;

14. CONTRACT ADMINISTRATION

TPWD will maintain on-going review and status of Contractor’s progress towards completion of services and will certify whether Contractor’s billings are reasonably comparable with the work completed. Payment(s) will not be made until work has been reviewed and accepted by TPWD.

Administration of the contract is a joint responsibility of TPWD Support Resources and the TPWD Purchasing & Contracting Section. TPWD 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:

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

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

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

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

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

15. 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:

15.1. Contractor to submit invoice(s) electronically to Accounts.Payable@tpwd.texas.gov.

15.2. Invoices must show:

18.2.1. Name of Contractor exactly as shown on the contract, Texas Payee Identification Number (PIN), and correct "Remit to" address.

18.2.2. Name of receiving entity.

18.2.3. Contract/Purchase Order number.

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

18.2.5. Total price.

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

18.2.7. Attach supporting documentation, if required.

15.3. Payment:

15.3.1 The Contractor will be paid for the services performed and approved by NAME. If another payment mechanism is agreed to by the parties, then contractor will be paid in accordance with the agreement approved by the parties.

15.3.2 Under no circumstances shall TPWD be obligated to make any payment (whether a progress payment or final payment) to Contractor if any of the following conditions exists:

A. Contractor is in breach of this contract.

B. Any portion of a payment is for services that were not performed in accordance with this contract provided, however, payment shall be made for those services which were performed in accordance with this contract.

C. Contractor has failed to make payments promptly to consultants or other third parties used in connection with services for which TPWD has made payment to Contractor.

D. If TPWD, in good faith, determines that the balance of the unpaid fees are not sufficient to complete the services in accordance with this contract; or if Contractor has failed to achieve the level of performance necessary to maintain the project schedule. No deductions shall be made from Contractor’s compensation on account of liquidated damages or other sums withheld from payments to other contractors or on account of the cost of changes in the Work other than those for which Contractor may be liable.

15.3.3 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 30 days

15.3.4 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.

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

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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: May 7, 2026

Questions Due: May 15, 2026; 2:00 PM CT

Offer Due Date: May 22, 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 Purchasing Department, addressed to the following person:

Allye Potter, Purchaser VI Texas Parks & Wildlife Department

4200 Smith School Road, Austin, Texas 78744 purchasing.bidbox@tpwd.texas.gov

2.2. CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be faxed or 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 vendor 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 vendor 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 purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

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3. PROPOSAL/OFFER CONTENT

Below is a summary of required and requested information. Proposals/offers submitted without this information will be evaluated accordingly. TWPD 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:

3.1.1. EMAIL SUBMITTALS ARE PREFERRED FOR THIS SOLICITATION in accordance with Section 4 below.

3.1.2. If submitting hard copy Offers, Respondent shall submit one (1) original (marked Original). In addition, Respondents shall submit one (1) copy, Pricing should not be included in the submittal copy. Submissions should be on 8-1/2 x 11-inch paper and tab-indexed corresponding to the sections/exhibits listed below. (Plastic spine-bound or wire-bound submittals are highly discouraged)

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 – Pricing Schedule. Pricing should only be included in the original and should not be included in the submitted copy.

3.3. ADDITIONAL RESPONSE CONTENT:

Respondent must 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 – Key Personnel: Include completed Exhibit D (or a reasonable facsimile, or resumes)

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

3.3.4. Exhibit F – Technical Proposal: Include Technical Proposal – tabbed Exhibit F (max 2 pages), including numbered responses corresponding to each of the items listed in Exhibit F.

3.3.5. Exhibit G - Service Level Agreement (SLA): Respondent shall include a copy of their Service

Level Agreement, tabbed Exhibit G.

3.3.6. Exhibit H - TXRAMP Level I Certification: Respondent shall include a copy of their TXRAMP

Level I Certification, tabbed Exhibit H.

3.3.7. Exhibit I - Voluntary Product Accessibility Template (VPAT): Respondent shall include a copy of their Voluntary Product Accessibility Template, tabbed Exhibit I.

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3.3.8. Addenda: Respondent shall acknowledge receipt of any addendums generated as…