ESBD_524152_1780670602607_RFO 7920-MK Oil Gas Analytics Database Subscription.pdf

Texas General Land Office -i- RFO No. 7920-MK

TEXAS GENERAL LAND OFFICE

is

REQUESTING OFFERS

for

Online Oil & Gas Analytics Database Subscription

REQUEST FOR OFFERS 7920-MK

Class 956 / Item 35

Release Date: June 5, 2026 Deadline for Submission: July 7, 2:00 p.m. CT

Solicitation Point of Contact: Mike Klepfer, CTCM, CTCD

Mike.Klepfer@GLO.Texas.Gov

Any Addenda to this Solicitation will be posted to the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.gov/esbd, under Agency Code 305 (General Land Office) and notification of such Addenda sent to all bidders in the relevant categories and regions listed on the Comptroller’s Centralized Master Bidders List (CMBL) at the time of the Solicitation. Each Respondent must check the website, or the means of communication established in its CMBL registration (if applicable) for any Addenda to this Solicitation. Failure to check for Addenda does not release any Respondent from its responsibility for complying with additional requirements or providing additional information listed in any Addenda.

https://txglo.sharepoint.com/sites/Solicitations-AllOther/Shared%20Documents/RFP%207054%20Palacios%20Bridge%20Removal/Phase%201%20-%20Initiation/Mike.Klepfer@GLO.Texas.Gov http://www.txsmartbuy.gov/esbd

Texas General Land Office -1- RFO No. 7920-MK

Table of Contents

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

1.2 DEFINITIONS

1.3 AUTHORITY

ARTICLE II. SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

2.2 CONTRACT TERM

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

3.2 INQUIRIES

3.2.1 Contact

3.2.2 Clarifications

3.2.3 Responses

3.2.4 Prohibited Communications

3.3 SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

3.3.2 Solicitation Response Format

3.3.3 Page Limit and Supporting Documentation

3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

3.4.2 Labeling

3.4.3 Delivery

3.4.4 Alterations, Modifications, and Withdrawals

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

4.1.2 Minimum Qualifications

4.1.3 Selection Criteria

4.1.4 Detailed Scoring Methodology

4.2 SHORT LIST

4.3 INTERVIEWS

Texas General Land Office -2- RFO No. 7920-MK

4.4 BEST AND FINAL OFFER (BAFO)

4.5 CONTRACT AWARD

ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

5.1.1 Company Narrative

5.1.2 Company Profile

5.1.3 Key Staffing Profile

5.2 TECHNICAL PROPOSAL

5.3 REFERENCE PROJECTS

5.4 LITIGATION HISTORY

5.5 CONFLICTS

ARTICLE VI. COST PROPOSAL

6.1 COST PROPOSAL

ARTICLE VII. TERMS AND CONDITIONS

7.1 GENERAL CONDITIONS

7.1.1 Amendment

7.1.2 Informalities

7.1.3 Rejection

7.1.4 Irregularities

7.1.5 Offer Period

7.1.6 Open Records

7.1.7 Contract Responsibility

7.1.8 Public Disclosure

7.1.9 Remedies

7.2 INSURANCE

7.2.1 Required Coverages

7.2.2 Alternative Insurability

7.3 FINANCIAL CAPABILITY

7.3.1 Financial Capability Review

7.3.2 Annual Reports

7.4 PROTEST

7.5 CONTRACT TERMS AND SOLICITATION ACCEPTANCE

Texas General Land Office -3- RFO No. 7920-MK

7.5.1 Terms and Conditions

7.5.2 Affirmations and Solicitation Acceptance

7.6 VENDOR PERFORMANCE REPORTING

ARTICLE VIII. SUBMISSION CHECKLIST

EXHIBIT A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE ......................... A-1

EXHIBIT B. SAMPLE CONTRACT ..................................................................................... B-1

Texas General Land Office -4- RFO No. 7920-MK

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Texas General Land Office (“GLO”) seeks a qualified vendor to provide the agency with an online oil and gas well analytics database subscription. The subscription permits GLO to obtain current and historical data concerning oil and gas production and activities on Texas state-owned lands in order to fulfill the agency’s statutory responsibilities. The GLO requires up-to-date information on drilling permits, monthly volumes by well for oil and gas production, drilling rig locations, and newly completed wells.

The system must provide spatial and tabular data for the GLO well inventory, allowing for the loading of well specific data into the well inventory. It will also be used to verify well depths for determining open depths available for leasing.

Respondents must execute Exhibit A, Affirmations and Solicitation Acceptance, and complete other items listed on the Submission Checklist to be considered. Additional information on the GLO and its programs can be found at http: www.glo.texas.gov.

1.2 DEFINITIONS

“Addendum/Addenda” means a written clarification(s) or revision(s) to the Request for Offers issued by the General Land Office. Respondents must acknowledge receipt of any Addenda in the submission of the Solicitation Response.

“Affiliate” means any individual or entity that, directly or indirectly, controls, is controlled by, or is under common control with, Respondent. “Control” means the ability to directly or indirectly direct the management and policies of an entity, whether through the ownership of voting securities or membership interests, by contract, or otherwise.

“Agency” means state agency identified in this Solicitation, its officers, employees, or authorized agents.

“BAFO” means Best and Final Offer.

“Customer(s)” means the GLO.

“DIR” means the Texas Department of Information Resources.

“ESBD” means the Electronic State Business Daily, http://www.txsmartbuy.gov/esbd.

“GLO” means the Texas General Land Office.

“PIA” means the Public Information Act, Chapter 552 of the Texas Government Code.

http://www.glo.texas.gov/

Texas General Land Office -5- RFO No. 7920-MK

“Project” means the work solicited under this Solicitation.

“Provider” means the Respondent(s) awarded a contract under this Solicitation.

“Respondent” means the entity responding to this Solicitation.

“RFO” means this Request for Offers.

“SaaS” means Software as a Service.

“Solicitation” means this RFO.

“Solicitation Response” means the Respondent’s entire response to this Solicitation, including all documents requested in this Solicitation.

“State” means the State of Texas and any state agency; the GLO or state agency identified in this Solicitation, its officers, employees, or authorized agents.

“TAC” means Texas Administrative Code.

“Users” means any authorized agency user of the software application.

“VetHUB” means a historically underutilized business, as described in 34 TAC §§20.281 through 20.298 and as certified under the Veteran Heroes United in Business Program administered by the Texas Comptroller of Public Accounts.

“VetHUB Subcontracting Plan” or “VetHSP” means the subcontracting plan required under 34 Texas Administrative Code §20.285 and the Texas Comptroller of Public Accounts’ Veteran Heroes United in Business Program (“VetHUB Program”) to be submitted with each response to a Solicitation that will result in the issuance of a contract with an expected value of $100,000 or more and for which the GLO has determined subcontracting opportunities are probable.

1.3 AUTHORITY

The GLO is posting this solicitation pursuant to and under Texas Government Code, § 2157.006, 1 Tex. Admin. Code § 212.22. This procurement is made in accordance with the exact scope, terms, and requirements specified in the DIR blanket exemption for Internet Database Subscriptions, Direct Publication. 34 Tex. Admin. Code 20.82(d)(5); 1 Tex.

Admin. Code 212.22

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Texas General Land Office -6- RFO No. 7920-MK

ARTICLE II. SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

The GLO requires an oil and gas analytics database subscription with a feature set that includes:

• Data that is consistently structured and formatted to support advanced analytics;

• Data sets that include, but are not limited to, permits, completions, allocated production, digital/raster logs, leases, directional surveys, and rigs;

• Integrations that allow users to upload data into a third-party platform like Excel, Spotfire, Tableau, and/or Power BI;

• Integration to GIS data sets to be consumed by external GIS tools; and

• API access for programmatic access to data sets.

The GLO will use this oil and gas analytics database subscription to review the following types of information:

• Up-to-date information on drilling permits;

• Monthly volumes by well for oil and gas production;

• Drilling rig locations;

• Newly completed wells;

• Spatial and tabular data for the GLO well inventory, allowing for the loading of well specific data into the well inventory; and

• Information for well depths to help GLO determine open depths available for leasing.

GLO petroleum engineers utilize the data to retrieve monthly and cumulative oil and gas production for numerous state and non-state wells. In addition, GLO engineers use this historical production data to project decline curves for estimating future production and ultimate oil and gas recovery. Forecasted future oil and gas prices are then assigned to future production when establishing present monetary values for vacancy tracts or state acreage that has been drained by adjacent wells, as well as the annual reserve valuation.

2.2 CONTRACT TERM

Any Contract resulting from this Solicitation shall be effective as of the date executed by the last party and shall terminate on August 31, 2027. At the option of the GLO, the Contract may, upon agreement and signature of both parties, be extended in accordance with the below schedule.

1st Renewal Option: September 1, 2027, through August 31, 2029 2nd Renewal Option: September 1, 2029, through August 31, 2031

Texas General Land Office -7- RFO No. 7920-MK

The Contract extension is contingent upon the continued exemption approval from DIR. If the renewal exemption from DIR is not approved, the GLO may not extend the Contract.

Texas General Land Office -8- RFO No. 7920-MK

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Issue Solicitation June 5, 2026

Deadline for Submitting Questions June 12, 2026 at 5:00 p.m. CT

Anticipated Release Date of Answers to Questions June 17, 2026

Deadline for Submission of Solicitation Responses July 7, 2026 at 2:00 p.m. CT

Evaluation Period July 8, 2026 to July 22, 2026

Estimated Provider Selection and Notice of Intent to Award July 23, 2026

Contract Award, Negotiation and Execution July 24, 2026 to August 10, 2026

NOTE: These dates represent a tentative schedule of events. The GLO reserve the right to modify these dates at any time prior to the deadline for submission of Solicitation Responses upon notice posted on the Electronic State Business Daily (ESBD) website at:

http://www.txsmartbuy.gov/esbd. Please search under Agency Code 305 (General Land Office and Veterans Land Board). Any modification of dates after the deadline for submission of Solicitation Responses will not be posted.

3.2 INQUIRIES

3.2.1 Contact

All requests, questions, or other communications about this Solicitation must be made in writing to the GLO’s Purchasing Department, addressed to the person listed below.

Name: Mike Klepfer, CTPM, CTCD Address: 1700 N. Congress Ave., Austin, Texas 78701 Email: Mike.Klepfer@glo.texas.gov mailto:Mike.Klepfer@glo.texas.gov

Texas General Land Office -9- RFO No. 7920-MK

If you receive an “out of office” reply from the point-of-contact listed above, please forward your e-mail to the secondary point-of-contact listed below.

Name: Sarah Bergmann, CTCD, CTCM Address: 1700 N. Congress Ave., Austin, Texas 78701 Email: Sarah.Bergmann@glo.texas.gov

3.2.2 Clarifications

The GLO will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section 3.2.1 above. Respondents’ names shall be removed from questions in the responses released. Submissions that deviate from the format prescribed below may not be accepted. Questions must be submitted in the following format:

a) Identifying Solicitation number

b) Section number

c) Text of passage being questioned

d) Question

NOTE: The deadline for submitting questions is noted in Section 3.1 above.

Please provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

3.2.3 Responses

All accepted questions will result in written responses with copies posted to the ESBD at: http://www.txsmartbuy.gov/esbd. Responses shall be posted as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses.

3.2.4 Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section

3.2.1 above, the GLO, 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). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify the Respondent. Respondent shall rely only on written statements issued through or by the GLO’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

mailto:Sarah.Bergmann@glo.texas.gov

Texas General Land Office -10- RFO No. 7920-MK

3.3 SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

Respondent shall complete and upload the documents listed below to the Box™ URL in Section 3.4.3:

a) One Offer, including all documents requested in Part 1 of the Submission

Checklist, submitted as one Portable Document Format (.pdf) file.

Respondent shall prepare a clear and concise Solicitation Response that focuses on the instructions and requirements of the Solicitation. Respondent is responsible for all costs related to the preparation of their Solicitation Response.

Any terms and conditions attached to a Solicitation Response will not be considered unless specifically referred to in this solicitation and may result in disqualification.

3.3.2 Solicitation Response Format

For ease of evaluation, the Solicitation Response shall be presented in a format that corresponds to the order requested in Article VIII, Submission Checklist. Responses to each section and subsection shall be labeled clearly to indicate the item being addressed. Exceptions to this will be considered during the evaluation process.

3.3.3 Page Limit and Supporting Documentation

Solicitation Responses are recommended not to exceed 25 pages in length. Exhibit A, Exhibit B, signed acknowledgments of Addenda, past projects, résumés, and the Cost Proposal Form are considered supporting documentation and are not included in the recommended page limit. The Solicitation Response should be formatted using 12-point or larger font, except for charts, graphs, or other graphical representations of data.

3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

Solicitation Responses must be uploaded to Box.com using the Box™ URL in Section 3.4.3 no later than as specified in Section 3.1. Respondents may submit their Solicitation Responses any time prior to that deadline. Box™ shall time stamp all uploaded Solicitation Responses; any other documentation of timely submission in lieu of the Box™ time stamp WILL NOT be accepted.

Texas General Land Office -11- RFO No. 7920-MK

3.4.2 Labeling

Each file uploaded to Box™ shall include Respondent’s company name and the title of the document; for example: “Company X: RFO 7920-MK Offer.”

3.4.3 Delivery

Respondents must upload Solicitation Responses to the following Box™ URL:

Upload Solicitation Responses to Box

Or https://txglo.box.com/s/cvg27golf1oue8tlv5pf6kqc5urrv1pv

The GLO shall not accept Solicitation Responses submitted by any other means.

Please contact the point-of-contact listed in section 3.2.1 above for assistance with Box™.

3.4.4 Alterations, Modifications, and Withdrawals

Solicitation Responses may be modified, altered, or withdrawn by notifying the point-of-contact listed in Section 3.2.1 above, provided such notice is received prior to the deadline for submission of Solicitation Responses.

Texas General Land Office -12- RFO No. 7920-MK

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

Solicitation Responses shall be evaluated in accordance with applicable sections of Title 10, Subtitle D of the Texas Government Code. The GLO shall not be obligated to accept the lowest priced offer but shall make an award to the Respondent that provides the “Best Value” to the State of Texas. “Best Value” shall be determined using the evaluation criteria listed in Section 4.1.3 below, in accordance with applicable sections of Texas Government Code, Chapters 2155-2157.

4.1.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below. Furthermore, Solicitation Responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential contract may be rejected.

Respondent shall submit a summary (not to exceed two pages) that provides specific support for meeting the minimum qualifications outlined in this Section.

This support can specifically state how the Respondent meets each minimum qualification or can direct the evaluators to the appropriate section of the Solicitation Response that provides support for the Respondent satisfying each minimum qualification.

4.1.2.1 Vendor must have been in business providing similar services for a minimum of 5 years;

4.1.2.2 Proposed solution must be a commercially available, production-ready analytics database platform (e.g., no beta or experimental systems); and

4.1.2.3 Proposed solution must be compatible with industry-standard data formats and integration methods (e.g., APIs, ETL tools).

4.1.3 Selection Criteria

Solicitation Responses shall be consistently evaluated and scored in accordance with the following best value criteria:

4.1.3.1 Cost (40%);

Texas General Land Office -13- RFO No. 7920-MK

4.1.3.2 Demonstrated relevant experience, qualifications and past performance of Respondent’s company and key personnel, as demonstrated by the Solicitation Response, and the Texas Comptroller of Public Accounts Vendor Performance Tracking System (40%); and

4.1.3.3 Software features and ease of use, including the level of training required to bring persons using the system to a stated level of proficiency (20%).

NOTE: To clarify any response, the Solicitation evaluation committee may contact references provided in response to this Solicitation, contact Respondent’s clients, or solicit information from any available source concerning any aspect of the Solicitation deemed pertinent to the evaluation process.

4.1.4 Detailed Scoring Methodology

It is the intent of the GLO to award a contract to the Respondent(s) determined to be ‘best value’. GLO reserves the right to make a determination to cancel the solicitation and not make a recommendation for an award. An evaluation committee will be established to evaluate the responsive submittals. The committee will include employees of GLO and may include other impartial individuals who are not GLO employees. By submitting a response to this RFP, the Respondent accepts the solicitation and evaluation process and acknowledges and accepts that scoring of the submittals may involve some subjective judgments by the evaluation committee. Cost proposals are scored based on a reasonableness assessment of the proposed price, considering various factors such as: the appropriateness of the cost metric chosen by the Respondent; the impact of any identified assumptions or constraints on the proposed price; and whether the proposed price includes payment for goods and/or services that exceed the scope of GLO’s needs as specified in the Solicitation. When considering best value and award, GLO reserves the right to set a minimum requirement regarding the weighted criteria listed in par. 4.1.3 above.

4.2 SHORT LIST

The GLO may develop a short list, i.e. the highest scoring respondents, of finalists after an initial evaluation of the Solicitation Responses. However, the GLO is not obligated to develop this list. If a list is developed, all Respondents will be notified in writing whether or not they are finalists.

4.3 INTERVIEWS

The GLO may, but is not required to, conduct oral interviews with some or all respondents for the purpose of obtaining the best value to the State of Texas. If oral interviews are conducted, the interviews will be evaluated and scored for a possible twenty (20) points.

Texas General Land Office -14- RFO No. 7920-MK

The score received for the oral interview will be added to the score received from the evaluation of a Respondent’s written proposal.

Respondents will be provided with notice of any such interview and an agenda will be provided to interviewees prior to the interview. Interviewees are responsible for their own presentation equipment. Failure to participate in the requested interview shall eliminate a Respondent from further consideration. The GLO is not responsible for any costs incurred by the Respondent associated with the interview.

4.4 BEST AND FINAL OFFER (BAFO)

Clarification discussions, at the GLO’s sole option, may be conducted with Respondents who submit Solicitation Responses determined to be acceptable and competitive.

Respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of the Solicitation Responses. Such revisions may be permitted after submissions and prior to award solely for the purpose of obtaining BAFOs.

In conducting discussions, the GLO shall not disclose any information derived from the Solicitation Responses submitted by competing Respondents.

The GLO evaluation committee shall score BAFO responses in a manner consistent with the scoring of original solicitation responses. The criteria to be re-evaluated following a BAFO shall depend on the type of clarification requested by the GLO from Respondent.

Scores for any of the applicable selection criteria included in the GLO’s request for BAFO shall be replaced by the BAFO scores.

4.5 CONTRACT AWARD

It is the intent of the GLO to award one contract under this Solicitation. An award notice will be sent to the selected Respondent. Any award is contingent upon the successful negotiation of final contract terms and upon approval of the Chief Clerk of the GLO.

Negotiations shall be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the GLO may negotiate a contract with the next highest scoring Respondent or may withdraw this Solicitation.

Notwithstanding the above, if the selected Respondent is awarded a DIR contract prior to the final award selection for the services requested by this Solicitation, the GLO will cancel this Solicitation and will utilize the DIR contract.

NOTE: Solicitation Responses are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and will be withheld from or released to the public only in accordance therewith.

Texas General Land Office -15- RFO No. 7920-MK

ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

Respondent must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified products or services on time. In accordance with this requirement, Respondent shall provide the following information:

5.1.1 Company Narrative

Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Article II, focusing on its company’s key strengths and competitive advantages.

5.1.2 Company Profile

Provide a company profile to include:

a) The company ownership structure (e.g., corporation, partnership, LLC, sole proprietorship, etc.), including any wholly owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information in a narrative and as a graphical representation). If Respondent is an Affiliate of, or has a joint venture or strategic alliance with, another company, please identify the percentage of ownership and the percentage of the parent’s ownership.

Finally, please provide your proposed operating structure for the services requested under this Solicitation and which entities (e.g. parent company, Affiliate, joint venture, subcontractor, etc.) will be performing them;

b) The year the company was founded and/or legally organized. If organized as a business entity other than a sole proprietorship (e.g., corporation, LLC, LLP, etc.), please indicate the type of entity, the state under the laws of which the company is organized and the date of organization;

c) The location of your company headquarters and any field office(s) that may provide services for any resulting contract under this Solicitation, including subcontractors;

d) The number of employees in your company, both locally and nationally, and the location(s) from which employees may be assigned;

e) The name, title, mailing address, e-mail address, telephone number, and fax number of Respondent’s point of contact for any resulting contract under this Solicitation; and

Texas General Land Office -16- RFO No. 7920-MK

f) Indicate whether your company has ever been engaged under a contract by any Texas state agency. If “Yes,” specify when, for what duties, and for which agency.

NOTE: A Respondent that is not organized under the laws of the state of Texas must register with the Texas Secretary of State before it may transact business in Texas. Respondent must provide proof of registration before the GLO may award a contract under this Solicitation.

5.1.3 Key Staffing Profile

Respondent must provide a key staffing profile and résumés for staff that will be responsible for the performance of the services requested under this Solicitation.

5.2 TECHNICAL PROPOSAL

Respondent must describe clearly, specifically, and as completely as possible, the software features and ease of use, including the level of training required to bring persons using the system to a stated level of proficiency.

5.3 REFERENCE PROJECTS

Respondent must identify and describe a minimum of three (3) non-GLO reference projects for contracts of similar type and size performed within the last three (3) years, preferably for state and/or local government entities. Information provided shall include:

a) Name of project;

b) Project description;

c) Total dollar amount of project; including funding sources (e.g., federal agency or program, federal grant, state funding) for each past project if that information is available;

d) Brief description of work performed by Provider identifying whether the Provider performed the work as a prime or subcontractor; and

e) Project contact name, telephone number, and e-mail address.

5.4 LITIGATION HISTORY

Respondent must include in its Solicitation Response a complete disclosure of any actual or alleged breaches of contract it has engaged in. In addition, Respondent must disclose any civil or criminal litigation or investigation pending at any time during the last three years that involves Respondent or in which Respondent has been judged guilty or liable.

For each instance of litigation or investigation, Respondent shall list: basic case information (e.g., cause number/case number, venue information, names of parties, name of investigating entity); a description of claims alleged by or against Respondent or its

Texas General Land Office -17- RFO No. 7920-MK parent, subsidiary, or other affiliate; for each resolved case, a description of the disposition of Respondent’s involvement (e.g., settled, dismissed, judgment entered, etc.). Failure to comply with the terms of this provision may disqualify any Respondent. Solicitation Responses may be rejected based upon Respondent’s prior history with the state of Texas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations.

If Respondent has no litigation history, as described above, so indicate in the appropriate section of the Solicitation Response.

5.5 CONFLICTS

Respondent must disclose any potential conflict of interest it may have in providing the services described in this Solicitation, including all existing or prior arrangements. Please include any activities of affiliated or parent organizations and individuals who may be assigned to manage this account. If Respondent has no conflicts, as described above, so indicate in the appropriate section of the Solicitation Response.

Texas General Land Office -18- RFO No. 7920-MK

ARTICLE VI. COST PROPOSAL

6.1 COST PROPOSAL

Respondent must provide a cost proposal for the products and/or services as specified in this Solicitation and shall include all labor, materials, tools, supplies, equipment, and personnel, including, but not limited to, travel expenses, associated costs and incidental costs necessary to provide the products and services per the minimum specifications, requirements, provisions, terms, and conditions set forth in this Solicitation. Respondent shall submit its cost proposal in the format below:

BID ITEMS UNIT PRICE

Annual Database Subscription Services for up to 249 users Year 1: 9/1/26-8/31/27 $

Annual Database Subscription Services for up to 249 users Year 2: 9/1/27-8/31/28 $

Annual Database Subscription Services for up to 249 users Year 3: 9/1/28-8/31/29 $

Annual Database Subscription Services for up to 249 users Year 2: 9/1/29-8/31/30 $

Annual Database Subscription Services for up to 249 users Year 3: 9/1/30-8/31/31 $

Total Cost of Database Subscription Services Total 5-Year Term $

Texas General Land Office -19- RFO No. 7920-MK

ARTICLE VII. TERMS AND CONDITIONS

7.1 GENERAL CONDITIONS

7.1.1 Amendment

The GLO reserves the right to alter, amend, or modify any provision of this Solicitation, or to withdraw this Solicitation, at any time prior to the award, if it is in the best interest of the GLO.

7.1.2 Informalities

The GLO reserves the right to waive minor informalities and irregularities, as determined in the GLO’s sole discretion, in any Solicitation Response received.

7.1.3 Rejection

The GLO reserves the right to reject any or all Solicitation Responses received prior to contract award.

7.1.4 Irregularities

Any irregularities or lack of clarity in this Solicitation should be brought to the attention of the point-of-contact listed in Section 3.2.1 as soon as possible, so that corrective Addenda may be furnished to prospective Respondents via the ESBD.

7.1.5 Offer Period

Solicitation Responses shall be binding for a period of 120 days after they are opened. Respondents may extend the time for which their Solicitation Response will be honored. Upon contract execution, prices agreed upon by the Respondent(s) are an irrevocable offer for the term of the contract and any contract extension(s).

No other costs, rates, or fees shall be payable to the Respondent unless expressly agreed upon in writing by the GLO.

7.1.6 Open Records

The GLO is a government state agency subject to the Texas Public Information Act (PIA), Chapter 552, Texas Government Code. The Solicitation Response and other information submitted to the GLO by the Respondent are subject to release as public information. The Solicitation Response and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Solicitation Response or other submitted information, the Respondent must clearly label that proprietary or

Texas General Land Office -20- RFO No. 7920-MK confidential information and identify the specific exception to disclosure of that information in the PIA. Merely making a blanket claim that the entire Solicitation Response is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Solicitation Response 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 Solicitation Response the Respondent considers proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA, except as provided by law.

Respondents are required to make any information created or exchanged with the state pursuant to this solicitation and any contract that may result from this solicitation, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state.

Information related to the performance of this contract may be subject to the PIA and will be withheld from public disclosure or released only in accordance therewith. Respondent shall make any information created or exchanged with the state/GLO, and not otherwise excepted from disclosure under the PIA, available in a format that is accessible by the public at no additional charge to the state GLO.

Respondent shall make any information required under the PIA available to the GLO in Portable Document Format (PDF) or any other format agreed between the parties. The original copy of each Solicitation Response shall be retained in the official files of the agency as a public record.

Solicitation Responses and all other documents associated with this Solicitation will be withheld or released upon written request only in accordance with the PIA.

To the extent that a Respondent wishes to prevent the disclosure of portions of its Solicitation Response to the public, Respondent shall demonstrate the applicability of any exception to disclosure provided under the PIA in accordance with the procedures prescribed by the PIA. Respondent may clearly label individual documents “confidential” or “trade secret” to demonstrate that it believes certain information is excepted from disclosure and may legally be withheld from the public. Respondent thereby agrees to indemnify and defend the GLO for honoring such a designation. The failure of Respondent to clearly label such documents shall constitute a complete waiver of any and all claims for damages caused by the GLO’s release of these records.

Pursuant to Texas Government Code Chapter 2261, any contract that results from this Solicitation, including selected Respondent’s Solicitation Response, shall be posted to the GLO’s website.

Texas General Land Office -21- RFO No. 7920-MK

7.1.7 Contract Responsibility

Respondent shall be solely responsible for the performance of all contractual obligations that may result from an award based on this Solicitation. Respondent shall not be relieved of its obligations for any nonperformance by its subcontractors.

7.1.8 Public Disclosure

Respondent will not advertise that it is doing business with the GLO or use a contract resulting from this Solicitation as a marketing or sales tool without prior written consent of the GLO. Furthermore, Respondent may not distribute or disclose this Solicitation to any other vendors or companies without permission from the GLO.

7.1.9 Remedies

All remedies available to the GLO for breach or anticipatory breach of any contract that results from this Solicitation are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. Liquidated damages, actual damages, cost projections, and/or injunctive relief may also be invoked either separately or combined with any other remedy in accordance with applicable law.

7.2 INSURANCE

7.2.1 Required Coverages

Vendor shall be solely liable and responsible for payment of Vendor’s and Vendor’s employees’ taxes of whatever kind, arising out of the execution or performance of the Contract. Vendor must comply with all state and federal laws including laws regarding wages, taxes, insurance, and workers’ compensation that apply to Vendor or its employees. The GLO and the State of Texas shall not be liable to Vendor or its officers, agents, employees, representatives, contractors, assignees, designees, or others for the payment of taxes or the provision of unemployment insurance, workers’ compensation, or any benefit available to a state employee or employee of another governmental entity.

Vendor shall indemnify, defend, and hold harmless the State of Texas, the GLO, and/or their officers, agents, employees, representatives, contractors, assignees, and/or designees from and against any and all liability, actions, claims, demands, damages, proceedings, or suits and all related costs, attorney fees, and expenses arising out of, connected with, or resulting from tax liability, unemployment insurance, or workers’ compensation in the execution or performance of the Contract and any purchase orders issued under the Contract. Vendor shall be liable to pay all costs of defense, including attorneys’ fees. Vendor must coordinate its defense with the GLO and the Office of the Texas Attorney General or other GLO legal counsel if the GLO is a named defendant in any lawsuit arising out of the

Texas General Land Office -22- RFO No. 7920-MK execution or performance of the Contract. Vendor may not agree to the settlement of any such lawsuit or other claim without first obtaining the written consent of the GLO and, if applicable, the Office of the Attorney General or other GLO legal counsel. The Parties must furnish timely written notice to each other of any action, claim, demand, or suit described herein.

7.2.2 Alternative Insurability

Notwithstanding the preceding, the GLO reserve the right to consider reasonable alternative methods of ensuring the contract in lieu of the insurance policies customarily required. It will be Respondent’s responsibility to recommend to the GLO alternative methods of insuring the contract. Any alternatives proposed by Respondent should be accompanied by a detailed explanation regarding Respondent’s inability to obtain the required insurance and/or bonds. The GLO shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage.

7.3 FINANCIAL CAPABILITY

7.3.1 Financial Capability Review

The awarding of a contract under this Solicitation is contingent upon the potential awardee’s demonstration of financial solvency and adequate capitalization. Within three (3) business days of a potential awardee’s acknowledgment of a Notice of Intent to Award issued by the GLO, the potential awardee is required to submit:

• Annual Reports, as described in Section 7.4.2 of this Solicitation, submitted as one Portable Document Format (.pdf) file; and

• One completed Financial Statement Components Worksheet, posted on ESBD with the Solicitation, submitted as a Microsoft Excel (.xlsx) file.

To determine the financial capability of a potential awardee, GLO Financial Management division staff shall review submitted annual reports and any other financial documentation that may be requested by the GLO for solvency, liquidity, and profitability and analyze the entity’s accounts receivable and inventory. A more comprehensive list of review factors follows:

• Current ratio

• Quick ratio

• Cash ratio

• Solvency ratio

• Debt to Equity ratio

• Capitalization ratio

• Debt ratio

• Operating Profit Margin

• EBIT/Tangible Net Assets

• Return on Assets

• Return on Equity

• Receivables Turnover ratio

• Average Collection Period

• Inventory Turnover ratio

• Days Sales of Inventory

• Altman Z-score

Texas General Land Office -23- RFO No. 7920-MK

A potential awardee that fails to comply with this Article or that is not financially solvent or adequately capitalized, as determined at the GLO’s sole discretion through GLO’s financial capability review and affirmed by the GLO’s Chief Financial Officer or his or her designee, may be deemed to not have met the contingency to award.

7.3.2 Annual Reports

a) If a potential awardee is an entity that is required to prepare audited financial statements, the potential awardee shall submit annual reports that include:

1) The last two years of audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

2) If applicable, the last two years of consolidated statements for any holding companies or affiliates;

3) An audited or un-audited accrual-basis financial statement of the most recent quarter of operation; and

4) A full disclosure of any events, liabilities, or contingent liabilities that could affect potential awardee’s financial ability to perform the awarded contract.

b) If a potential awardee is a privately-owned entity or sole proprietorship for which audited financial statements are not required, the potential awardee shall submit annual reports that include:

1) The last two years of un-audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

2) An audited or un-audited accrual-basis financial statement of the most recent quarter of operation; and

3) A full disclosure of any events, liabilities, or contingent liabilities that could affect potential awardee’s financial ability to perform the awarded contract;

OR

1) Other financial information sufficient for the GLO, in its sole judgement, to determine if the potential awardee is financially solvent and adequately capitalized.

As part of the financial capability review process, the GLO may request additional or clarifying information from any potential awardee. Personal financial statements and pro-forma financial statements will not be accepted as supporting documentation to the Financial Statement Components Worksheet and other documentation provided by a potential awardee. The GLO may accept a Dun & Bradstreet Business Credit Report from a smaller potential awardee, at the agency’s discretion.

Texas General Land Office -24- RFO No. 7920-MK

A potential awardee must provide a completed Financial Statement Components Worksheet and balance sheet, income statement, and statement of cash flows for the potential awardee only as a stand-alone entity; parent or related party financials will not be considered. If a potential awardee presents consolidated or combined financial statements including its parent company’s or a related party’s financials and is unable to provide stand-alone Annual Reports, the GLO may proceed with the financial capability review process; however, all entities for which financial information is presented in the documentation must sign an awarded Contract.

If a potential awardee is a joint venture, an official document memorializing the relationship between participating entities must be presented. The percentage of the risk burden to be borne by each party must be indicated.

Each party of the joint venture must be evaluated separately through the financial capability review process, and the weighted average of the parties’ scores will be attributed to the joint venture. All entities participating in a joint venture must sign an awarded Contract.

7.4 PROTEST

Any Respondent unsuccessful or aggrieved in connection with this Solicitation may file a protest in accordance with Title 31, Section 3.50 of the Texas Administrative Code.

7.5 CONTRACT TERMS AND SOLICITATION ACCEPTANCE

7.5.1 Terms and Conditions

Exhibit D, Sample Contract, is the standard contract form used by the GLO/VLB and includes the terms and conditions to which each Provider must substantially agree for the GLO/VLB to enter into a contract with Provider; please carefully review the terms and conditions therein. The terms and conditions in Exhibit D are subject to modification by the GLO/VLB prior to the execution of any contract that may result from this Solicitation. The GLO/VLB may, in its sole discretion, engage in good-faith negotiation of terms and conditions with Providers but has limited discretion to do so.

Each final contract must substantially conform to the terms and conditions shown in Exhibit D. Each final contract must also include all contract provisions required by applicable laws and regulations, which may include, without limitation, all contract provisions prescribed in Title 10, Subtitles D and F of the Texas Government Code and all contract provisions prescribed in the Texas Comptroller of Public Accounts’ “State of Texas Procurement and Contract Management Guide.” Substantial contract revision requests or unreasonably protracted contract negotiations may result in a termination of negotiations with Provider and rescission of a contract award.

https://comptroller.texas.gov/purchasing/publications/procurement-contract.php https://comptroller.texas.gov/purchasing/publications/procurement-contract.php

Texas General Land Office -25- RFO No. 7920-MK

7.5.2 Affirmations and Solicitation Acceptance

Execution of Exhibit A of this Solicitation, Affirmations and Solicitation Acceptance, shall constitute an agreement to all terms and conditions specified in this Solicitation, including, but not limited to, Exhibit B, Sample Contract, and all terms and conditions therein.

7.6 VENDOR PERFORMANCE REPORTING

The GLO is required by rule (34 TAC §20.509) to report vendor performance through the Vendor Performance Tracking System (VPTS). Additional information on this system can be found on the Texas Comptroller of Public Accounts website through this link:

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

As of January 24, 2017, the VPTS reporting methodology was revised so that vendors are assigned a letter grade (A-F) rather than the historic satisfactory/unsatisfactory ratings. The report grades for historic reports will be displayed as “Legacy Satisfactory” or “Legacy Unsatisfactory.” New reports will be graded on the A-F scale as now required by statute.

A Respondent’s past performance shall be measured in the VPTS by a letter grade that combines any historic ratings with ratings using the new letter grade system in the method described in 34 TAC §20.115.

The GLO is required to consider past performance when determining contract award as part of the “Best Value” standard, in compliance with applicable provisions of Texas Government Code §§2155.074, 2155.075 and 2156.125. The GLO may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the VPTS, the GLO may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Any such investigations shall be at the sole discretion of the GLO, and any negative findings, as determined by the GLO, may result in non-award to the Respondent.

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=182505&p_tloc=&p_ploc=1&pg=3&p_tac=&ti=34&pt=1&ch=20&rl=115

Texas General Land Office -26- RFO No. 7920-MK

ARTICLE VIII. SUBMISSION CHECKLIST

This checklist is provided for Respondent’s convenience only and identifies documents that must be submitted with this Solicitation to be considered responsive. Any Solicitation Responses received without these requisite documents may be deemed nonresponsive and may not be considered for contract award.

A COMPLETE SOLICITATION PACKAGE SHALL INCLUDE:

1. Part 1 – Offer (one .pdf file)

PART 1 – OFFER

Please present documents in the following order:

1. Exhibit A, Affirmations and Solicitation Acceptance ___

• If Respondent is a Corporation or other legal entity, attach a corporate resolution or other appropriate official documentation, which states that the person signing this Solicitation Response is an authorized person that can legally bind the corporation or entity.

• Attach proof of registration with the Texas Secretary of State.

• Attach a copy of IRS Letter 147C, Verification of Employer Identification Number, or any IRS document listing both the EIN and entity name on IRS letterhead.

2. Signed Acknowledgments of Addenda (if applicable) ___

3. Summary of Minimum Qualifications (Section 4.1.2) ___

4. Respondent Information (Section 5.1) ___

5. Technical Proposal (Section 5.2) ___

6. Reference Projects (Section 5.3) ___

7. Litigation History (if applicable) (Section 5.4) ___

8. Conflicts (if applicable) (Section 5.5) ___

9. Cost Proposal (Section 6.1) ___

Texas General Land Office -A-1- RFO No. 7920-MK

EXHIBIT A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE

Exhibit A General Affirmations and Solicitation Acceptance

Revised 9/5/2025 Page 1

GENERAL AFFIRMATIONS AND SOLICITATION ACCEPTANCE

Execution of this Exhibit A, constitutes an agreement to all terms and conditions in the Solicitation, including, without limitation, this Exhibit A. If Respondent fails to sign this Exhibit A or signs it with a false statement, Respondent’s Solicitation Response and any resulting contract(s) shall be void. Respondent agrees without exception to the following general affirmations and acknowledges that any contract resulting from this Solicitation may be terminated and payment withheld if any of the following affirmations or certifications are inaccurate:

1. Respondent represents and warrants that all statements and information prepared and submitted in its Solicitation

Response are current, complete, true, and accurate. Submitting a Solicitation Response with a false statement or making a material misrepresentation during the performance of a contract is a material breach of contract and may void the Solicitation Response and any resulting contract.

2. Pursuant to Section 2155.003 of the Texas Government Code, Respondent represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a…