ESBD_526281_1781210349718_580-27-RFO-0005_WebcastingServices.pdf

REQUEST FOR OFFERS NO. 580-27-RFO-0005

FOR

WEBCASTING SERVICES

CLASS/ITEM CODE(S): 915-09 AUDIO AND VIDEO PRODUCTION SERVICES

RELEASE DATE: JUNE 11, 2026

SUBMISSION DUE: JULY 3, 2026, AT 5:00 PM (CT)

Solicitation Point of Contact:

Myra Martin, CTCD, CTCM Purchaser myra.martin@twdb.texas.gov

The services requested in this Request for Offers may be proprietary to one vendor under Texas Government Code § 2155.067; however, we strongly encourage offers from all qualified respondents that may be able to provide the requested services.

You, the Respondent, are responsible for checking the Electronic State Business Daily (ESBD) website https://www.txsmartbuy.gov/esbd, for any addenda to this Solicitation. Please search under Agency Code 580 (Texas Water Development Board). Respondent’s failure to periodically check the ESBD will in no way release that Respondent from addenda or additional information resulting in additional requirements of the Solicitation.

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TABLE OF CONTENTS

SECTION I – OVERVIEW 4

1.1 OVERVIEW

1.2 DEFINITIONS

1.3 AUTHORITY

1.4 BACKGROUND

SECTION II – SCOPE OF WORK 6

2.1 SCOPE OF SERVICES REQUESTED

2.2 REQUIREMENTS

2.3 SUBCONTRACTORS

2.4 CONTRACT TERM

2.5 COMPENSATION

2.6 REMEDIES

SECTION III – DELIVERABLES 9

3.1 CONTRACT DELIVERABLES

SECTION IV – GENERAL INFORMATION 10

4.1 RFO REQUIREMENTS

4.2 SOLICITATION SUBMISSION

4.3 SCHEDULE OF EVENTS

4.4 REVISIONS TO SCHEDULE

4.5 RESPONSE SUBMITTAL

4.6 RESPONSE PREPARATION COSTS

4.7 TRAVEL EXPENSES

4.8 MEETINGS

4.9 INQUIRIES

4.10 RESPONSE EVALUATION AND AWARD

4.11 CONTRACT AWARD

SECTION V – GENERAL TERMS AND CONDITIONS 14

5.1 GENERAL TERMS AND CONDITIONS

5.2 PATENTS OR COPYRIGHTS

5.3 CONTRACTOR ASSIGNMENTS

5.4 VETERAN HEROES UNITED IN BUSINESS PROGRAM (VetHUB) SUBCONTRACTING PLAN

5.5 VetHUB RESOURCES AVAILABLE

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5.6 REQUIRED AFFIRMATIONS AND CERTIFICATIONS

5.7 INDEMNIFICATION

5.8 ADDITIONAL TERMS

5.9 DISPUTE RESOLUTION

5.10 EXCESS OBLIGATIONS PROHIBITED

5.11 PUBLIC INFORMATION ACT

5.12 GOVERNING LAW AND VENUE

5.13 ETHICS

5.14 FRAUD STATEMENT

5.15 CONFLICT OF INTEREST

5.16 RIGHT TO AUDIT

5.17 CONTRACT ADMINISTRATION

5.18 CONTRACT AMENDMENT/TERMINATION

5.19 STOP WORK ORDER

5.20 DISASTER RECOVERY PLAN

5.21 DEFAULT

5.22 FORCE MAJEURE

5.23 OWNERSHIP/INTELLECTUAL PROPERTY, INCLUDING RIGHTS TO DATA, DOCUMENTS AND

COMPUTER SOFTWARE

5.24 DRUG-FREE WORKPLACE POLICY

5.25 FALSE STATEMENTS

5.26 INSURANCE AND OTHER SECURITY

5.27 ORDER PRECEDENCE

5.28 PUBLIC DISCLOSURE

5.29 TAXES

5.30 CONFIDENTIALITY AND SECURITY

5.31 ASSIGNMENT PROHIBITED

5.32 CYBERSECURITY TRAINING

5.33 DISCLOSURE OF PRIOR STATE EMPLOYMENT

5.34 FORMER AGENCY EMPLOYEES

5.35 CLOUD COMPUTING STATE RISK AND AUTHORIZATION MANAGEMENT PROGRAM

(TX-RAMP)

5.36 DATA MANAGEMENT AND SECURITY CONTROLS

5.37 USE OF ARTIFICAL INTELLIGENCE

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SECTION I – OVERVIEW

1.1 OVERVIEW

The Texas Water Development Board (TWDB) requests responses to this Request for Offers (RFO) for the award of web‑based live streaming, hosting, archiving, and public access services to support statutory transparency requirements for public hearings and meetings held by the Texas Water Development Board in Austin, Texas or alternate locations within Texas, (the Services).

The Services will include the use of cloud‑hosted webcasting and an archival platform to provide live internet video broadcasting of designated public hearings and meetings of the Texas Water Development Board and to archive those broadcasts in a manner that allows the public to access and view meetings at a future time. The Services must ensure continuous public availability, ease of access, and long‑term retention of meeting records.

TWDB will consider qualifications from business entities that demonstrate the ability to complete the Services within the guidelines of this Solicitation and any applicable federal, state, and local laws, rules, and regulations. Respondents must execute Content Item 1, Execution of Response to the Request for Offers, and complete other items listed under 4.1.B, Contents, to be considered. Additional information on TWDB and its programs can be found at http://www.twdb.texas.gov.

1.2 DEFINITIONS

For purposes of this RFO, the following definitions apply:

“ADA” means the Americans with Disabilities Act.

“Addendum” means a written clarification or revision to the Request for Offers issued by the Texas Water Development Board. 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.

“Contract/Contract Documents” means all documents which govern this Solicitation and any resulting contract(s), including without limitation the Project Manual, this Solicitation, the Architect/Engineer’s specifications and drawings, any Uniform General and Supplementary Conditions, Special Conditions, and all bonds and insurance.

“Contract Price” means the total compensation payable to Contractor for completion of the work in accordance with the terms of the contract.

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

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

http://www.twdb.texas.gov/ https://www.txsmartbuy.gov/esbd

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“General Conditions” means those items and related costs that are specified in this document.

“Key Staff” means experienced, professional and/or technical personnel who will have major responsibilities under the Contract and/or provide unusual or unique expertise essential for successful completion of the work performed.

“Notice to Proceed” or “NTP” means written notice provided by TWDB to begin the Services.

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

“Respondent” means the entity responding to this Solicitation.

“RFO” means Request for Offer.

“Services” means the work solicited under this Solicitation.

“Solicitation” means this RFO.

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

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

“Subcontracting Plan” (“SP”) means the form(s) required by Texas Government Code § 2161, Subchapter F; 34 Texas Administrative Code § 20.285 for each contract with an expected value of $100,000 or more, in which Respondent must demonstrate a good faith effort to subcontract certified Veteran Heroes United in Business Vendors (VetHUBs).

“TAC” means Texas Administrative Code.

“TWDB” means the Texas Water Development Board.

“VetHUB” means Veteran Heroes United in Business vendors (VetHUBs). VetHUB is a for-profit business entity that has its principal place of business in Texas; is at least 51 percent owned; actively managed and controlled by one or more service-disabled veterans; and is certified by the Texas Comptroller of Public Accounts. (As amended and adopted on May 12th, 2026; 34 TAC §§ 281-298).

1.3 AUTHORITY

TWDB is posting this Solicitation pursuant to the State Purchasing and General Services Act, Texas Government Code Chapter 2155; and Texas Water Code § 6.190.

1.4 BACKGROUND

The Texas Water Development Board (TWDB) conducts public meetings and hearings in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551, and TWDB’s statutory mission to conduct its business in a transparent and accessible manner. These meetings include regular board meetings, public hearings, working sessions, and other proceedings (TWDB Meetings) that may require public notice and public access. To support these transparency obligations and to enhance public

580-27-RFP-0005 Page 6 of 32 access to TWDB Meetings, TWDB provides live internet video broadcasts of designated public meetings held in Austin, Texas or in alternate meeting locations throughout Texas, and maintains archived recordings for subsequent public viewing. The availability of live and on‑demand access allows members of the public, stakeholders, and other interested parties to observe TWDB proceedings regardless of physical location.

Selected Contractor will primarily perform TWDB’s ongoing operational need for reliable, secure, and continuous web‑based streaming, hosting, archiving, and public access services. TWDB seeks to procure these services through this Request for Offer to ensure continuity of service, compliance with public access expectations, and efficient delivery of meeting broadcasts and historical records using a cloud‑hosted webcasting and archival platform. The final Contractor selected will depend on the number and quality of responses received compared to the anticipated work to be performed.

SECTION II – SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

The awarded Contractor will provide these Services, including, but not limited to the requirements contained in this RFO:

Provide live and/or delayed webcasting of TWDB Meetings, allowing remote users to view the meeting from their computer or mobile device, in real- time, via a cloud‑hosted webcasting and archival platform. TWDB anticipates approximately 15 to 18 meetings annually. On average the meetings will be for one (1) to four (4) hours in length.

A. Provide 3-camera coverage and high-definition audio/video (when meeting room equipment allows) using the audio/video equipment available in the Stephen F. Austin Building, 1700 N.

Congress Avenue, meeting room 170, the Barbara Jordan Building, 1601 N Congress Avenue, meeting rooms 2.034 and 2.035 or providing equipment necessary for coverage at alternate locations for traveling Board meetings.

B. Provide a sufficient internet connection (bandwidth) to ensure high quality, live webcasting of TWDB Meetings. Contractor will need to install a data line in the control room of the conference room if needed to send webcast programs to its video servers.

C. Provide an encoding computer and any other hardware or software necessary to webcast and archive TWDB Meetings.

D. Provide an audio/video technician onsite with the skills necessary to successfully webcast and archive TWDB Meetings using the equipment in the Stephen F. Austin Building, meeting room 170 and/or the Barbara Jordan Building, 1601 N Congress Avenue, meeting room 2.034 and

2.035 or alternate locations for traveling Board meetings.

E. Archives of TWDB Meetings must be available for viewing within 24 hours of the meeting ending.

All archived meetings must be ADA compliant.

F. Video clips of each agenda item must be available for viewing within 48 hours of the meeting ending.

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G. Archives of TWDB Meetings must be stored and available to the public for at least two years from the date the meeting was recorded.

H. Contractor must provide a website from which it will host both live and archived broadcasts.

I. Contractor must provide 100% service availability during TWDB Meetings.

J. In addition to the video feed, Contractor must provide an interactive agenda online for each TWDB Board Meeting with a “marker” to indicate the progress of the agenda and the current agenda item.

K. Contractor must provide technical/customer support to viewers of the webcast, as needed.

L. Contractor must maintain a continuity of operations/disaster recovery plan providing for restoration of service.

M. Contractor must perform tests of its disaster recovery plan on an annual basis and provide TWDB with the results and any remediation plans. Contractor must ensure that appropriate backups and archives are maintained.

N. Contractor must contact TWDB by email or phone as soon as practical once they become aware of any unplanned system outage. If outage is during a TWDB Meeting broadcast, Contractor must provide updates to TWDB every thirty (30) minutes.

O. In the event that TWDB’s primary facility, the Stephen F. Austin Building, becomes uninhabitable, Contractor will make a best effort at working with TWDB to provide a mobile broadcast solution.

P. Contractor agrees to comply with all records retention requirements and schedules as required by Texas state law. (13 Texas Administrative Code § 6.94); and

Q. Contractor must have closed captioning capabilities that meet all requirements of Electronic and Information Technology Accessibility Standards under Section 508 of the Rehabilitation Act of 1973, (“508 Standards”), as well as the Telecommunications Act Accessibility Guidelines under Section 255 of the Communications Act of 1934 (“255 Guidelines”). Contractor must ensure that all webcasting provided for TWDB complies with these requirements.

Additionally, Contractor must meet or exceed the Texas accessibility rules as defined in Texas Administrative Code Title 1, Administration, Part 10, Department of Information Resources, §§ 206 and 213.

R. TWDB reserves the right to reschedule or cancel any TWDB Meetings with one (1) day notice.

S. TWDB staff must have access to all archived meetings upon demand.

T. Upon request or upon termination or expiration of the contract, Contractor must provide copies of all archived meetings to TWDB in a standard audio/visual format.

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2.2 REQUIREMENTS

Respondents to this RFO are required to indicate their abilities in the areas listed below (A-D). Please include years of experience, educational degrees, professional certifications or licenses, and relevant experience:

A. Experience with and knowledge of meeting webcasting and archiving. Respondents must have a minimum of three years’ experience managing similar projects as described in Section II – Statement of Work (SOW), including providing internet video coverage for other Texas state agencies or other government entities in the United States.

B. Experience with audio/visual equipment, to include legacy products, and online meeting platforms (e.g., GoToWebinar, MS Teams, Zoom) that allows for the successful facilitation of mixed attendance (on-site and virtual) meetings.

C. Experience providing premium-level customer support and troubleshooting for technical issues related to live meeting webcasting;

D. Experience with and knowledge of State of Texas records retention and accessibility requirements, to include closed captioning

E. References - Respondent must request at least two (2) vendor references on similar projects.

Vendor references must be emailed directly to the Texas Water Development Board by the Deadline for Submission in Section 4.3, SCHEDULE OF EVENTS to the address listed below:

♦ Email directly to: bid-room@twdb.texas.gov and reference the RFO number in the subject line.

2.3 SUBCONTRACTORS

Subcontractors providing services must meet the same requirements and level of experience as required of Respondent. No subcontract should relieve the primary Respondent of responsibility for the service. If Respondent uses a subcontractor for any or all work required, the following conditions must apply under the listed circumstances:

(a) Respondents planning to subcontract all or a portion of the work must identify the proposed subcontractors on the VetHUB Subcontracting Plan.

(b) Subcontracting must be at Respondent’s expense.

(c) TWDB retains the right to check a subcontractor’s background and decide to approve or reject the use of a submitted subcontractor. A subcontractor may not be compensated for any work prior to the approval date of the subcontract agreement between Contractor and Subcontractor(s) by TWDB.

(d) Respondent will be the only contact for TWDB and subcontractors. Respondent must list a designated point of contact for all TWDB and subcontractor inquiries.

Notwithstanding anything herein to the contrary, no subcontracts are allowed under this Contract.

2.4 CONTRACT TERM

The contract term for these Services will be for a period of two years and will begin on September 1, 2026 (or upon execution if later), and end on August 31, 2028.

mailto:bid-room@twdb.texas.gov

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2.5 COMPENSATION

The maximum total project cost will not exceed $98,000 over the two-year period, with option to pay on an annual basis. Failure to arrive at mutually agreeable terms of a contract with the most qualified Respondent will constitute a rejection of TWDB's offer and may result in negotiations with the next most qualified respondent. TWDB reserves the right to reject any or all responses.

2.6 REMEDIES

All remedies available to the TWDB for breach or anticipatory breach of the Contract by the Contractor are cumulative and may be exercised concurrently or separately and the exercise of any one remedy will not be deemed an election of such remedy to the exclusion of other remedies. liquidated damages, actual damages, cost projections, injunction relief and/or performance bonds may also be invoked either separately or combined with any other remedy in accordance with applicable law.

SECTION III – DELIVERABLES

3.1 CONTRACT DELIVERABLES

The Contract deliverables include:

A. Live and on-demand webcasting of TWDB Meetings, which includes Board Meetings, Hearings, and Work Sessions.

B. Long-term cloud hosting and archival of meeting video.

C. Agenda-indexed video clips when applicable.

D. Public access portals branded and structured for Texas Water Development Board.

NOTE: The Public Access portal must comply with the requirements and standards specified in 1 Texas Administrative Code (TAC) Chapters 206 and 213 (related to Accessibility and Usability of State Web Sites). Web Content Accessibility Guidelines (WCAG) 2.1 Level AA Standard – WCAG 2.1 Quick Reference can be found at: https://www.w3.org/WAI/WCAG21/quickref/ Complying with this clause will require demonstrated proof of compliance utilizing TWDB's checklists.

E. Continuous availability of historical records.

F. The access and/or availability of a proprietary licensed webcasting platform.

G. Archives of meetings available for viewing within 24 hours of the TWDB Meeting ending.

Video clips of each agenda item available for viewing within 48 hours of the meeting ending.

I. Archives of meetings stored and available to the public for at least two years from the date the meeting was recorded.

J. Must be compatible with existing archives and preserve continuity of historical records.

https://www.w3.org/WAI/WCAG21/quickref/

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SECTION IV – GENERAL INFORMATION

4.1 RFO REQUIREMENTS

A brief transmittal letter summarizing the Respondent’s key points of the Request for Offer (RFO) and signed by an authorized representative who is responsible for committing the firm’s resources must accompany each response. Where applicable, the response to each item, including attachments, must not exceed 24 pages. The cover page will not count towards the page limit. Please clearly identify the content item at the beginning of each response and provide a separate section for that response or indicate why no response is given.

A. Submittals: Respondent must submit an original electronic copy of the RFO as follows:

1) One (1) complete ORIGINAL RFO in Portable Document Format (PDF) submitted through email to bid-room@twdb.texas.gov with a copy to Myra Martin at myra.martin@twdb.texas.gov.

2) RFO pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the RFO. File size is limited to 100MB.

3) Offers must be clearly marked RESPONSE TO RFO 580-27-RFO-0005 and delivered electronically to the address noted in the RFO.

B. Contents: Respondent must submit all information listed below, in the order given, as the response to this RFO. The response will only be considered if all items are submitted as required. Incomplete/late responses to this RFO will not be considered.

1) CONTENT ITEM 1: Signed/dated Execution of Offer. (One (1) page maximum)

2) CONTENT ITEM 2: Company Profile Summary and History (two (2) pages maximum).

Response should include the following:

a. Company name, address, phone number, and legal status (corporation, partnership, joint venture, sole proprietorship)

b. Name and title of person submitting the response with the authority to bind the company.

c. Name, phone number, and email address of contact person for any questions on the response.

d. Describe the general nature of previous work, the number of years in business, size, and scope of operation.

3) CONTENT ITEM 3: Resumes of Individuals - Submit resumes for each individual (three (3) pages maximum per individual) who will work when providing these services.

Note: Resumes do NOT count towards total response page maximums.

4) CONTENT ITEM 4: VetHUB Subcontracting Plan(s) (SP) Note: Subcontracting Plan(s) for this RFO are NOT ALLOWED under this contract and do not count towards the total response page maximums.

5) CONTENT ITEM 5: Name(s) of Each Person with at least 25 Percent Ownership of the Business Entity Submitting the response (if applicable, one (1) page maximum).

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6) CONTENT ITEM 6 – Experience & Knowledge - Describe the nature and provide the years and breadth of experience and in-depth knowledge of the following (five (5) pages maximum):

a. Experience with and knowledge of meeting webcasting and archiving.

b. Experience providing premium-level customer support and troubleshooting for technical issues related to live meeting webcasting.

c. Experience with and knowledge of State of Texas records retention and accessibility requirements, to include closed captioning.

7) CONTENT ITEM 7 – Price (two (2) pages maximum).

8) CONTENT ITEM 8 – Receipt of all addenda to this solicitation, if applicable, must be acknowledged by returning a signed copy each addendum with submitted response. If there are not addenda, on the addendum tracking table, write “none,” sign, date and submit page with the response to confirm. (Note:

addendum tracking table does not count towards the page count maximum)

4.2 SOLICITATION SUBMISSION

A. All responses must be received at TWDB by the deadline in the Schedule of Events. TWDB will not accept late submittals.

B. It is Respondent’s responsibility to appropriately mark and deliver the response to the Request for Offer to TWDB by the specified date and time.

C. Receipt of all addenda to this Solicitation, if applicable, should be acknowledged by returning a signed copy of each addendum with the submitted response.

D. Failure to return the required items with the response will result in rejection of your Request for

Offer.

E. TWDB will not be responsible for locating or securing information that is not included in your

Request for Offer.

4.3 SCHEDULE OF EVENTS

The solicitation process for this RFO will proceed according to the following schedule:

EVENT DATE/TIME

Solicitation Release Date June 11, 2026

Deadline for Submitting Questions June 16, 2026 @ 5:00 p.m. (CT)

Anticipated Q&A Release Date June 18, 2026

Deadline for submission of Solicitation Responses [NOTE: Responses must be RECEIVED by TWDB by the deadline.]

July 3, 2026 @ 5:00 p.m. (CT)

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Anticipated Contract Start Date September 1, 2026

Contract End Date August 31, 2028

4.4 REVISIONS TO SCHEDULE

TWDB reserves the right to change the dates in the Schedule of Events above upon written notification to prospective Respondent(s) as an addendum posted on the Electronic State Business Daily.

4.5 RESPONSE SUBMITTAL

All submitted Solicitation Responses become the property of TWDB after the submittal deadline.

Solicitation Responses submitted constitute an offer for a period of ninety (90) days or until selection is made by TWDB, whichever occurs first.

4.6 RESPONSE PREPARATION COSTS

Respondents are responsible for all costs incurred in the preparation and delivery of the Solicitation Response to TWDB.

4.7 TRAVEL EXPENSES

Any travel requirements under this Contract may include travel throughout the State of Texas to perform the tasks therein. Any travel expenses will be reimbursed in accordance with the state travel and per diem allowances detailed at https://fmx.cpa.texas.gov/fmx/travel/.

4.8 MEETINGS

Any meetings and or/conference calls will be held on regular business days, Monday through Friday, during regular business hours (8 a.m. to 5 p.m.) or on other mutually agreed dates and times.

4.9 INQUIRIES

A. Contact

All requests, questions, or other communications about this Solicitation must be made in writing to the TWDB Purchasing Department, addressed to the person listed below:

Name: Myra Martin, CTCD, CTCM, Purchaser Email: bid-room@twdb.texas.gov with a copy to myra.martin@twdb.texas.gov Subject: Ensure the RFO number is included in all correspondence.

B. Clarifications

TWDB will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the contact listed above. Respondents’ names will be removed from questions when the written answers are released. Questions must be submitted in the following format.

Submissions that deviate from this format may not be accepted:

1) Identifying Solicitation number

2) Section number

3) Text of passage being questioned https://fmx.cpa.texas.gov/fmx/travel mailto:myra.martin@twdb.texas.gov

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4) Question

5) Provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

Note: The deadline for submitting questions is noted in Section 4.3 above.

C. Responses All accepted questions will result in a written response posted to the ESBD at:

https://www.txsmartbuy.gov/esbd. Responses will be posted as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses.

D. Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section 4.9 above, TWDB, 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, email, or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Respondent. Respondent should rely only on written statements and information issued through or by TWDB’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.10 RESPONSE EVALUATION AND AWARD

A. TWDB will make an award to a Respondent that provides the “best value” to the State of Texas, as defined by Texas Government Code § 2155.074.

B. TWDB will not enter into a contract with any individual who is required by Texas Government Code Chapter 305 to register as a lobbyist as stated in Texas Government Code § 556.005, Employment of Lobbyist.

C. A committee will be established by TWDB (including TWDB employees) to evaluate the

Request for Offers. The evaluation committee will determine best value by applying the following criteria:

Points Available Criteria

15 Clear Understanding of Statement of Work 25 Competence, Knowledge, and Past Performance 30 Pricing

Ability to meet the Requirements and Contract Deliverables.

5 References 100 Total Points Possible

D. The evaluation committee will determine if a Best and Final Offer (BAFO) is necessary.

Award of a contract may be made without a BAFO. TWDB may, at its discretion, elect to have Respondents provide oral presentations and respond to inquiries from the evaluation committee related to their response. A request for a BAFO is at the sole discretion of TWDB and will be extended in writing.

https://www.txsmartbuy.gov/esbd

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E. A Respondent’s performance will be measured by a Grade of A-F in the Texas Comptroller’s Vendor Performance Tracking System (VPTS). The selected Contractor will be evaluated on performance both during and at the conclusion of the Contract.

Prior VPTS grades will be considered in the selection process for this contract and future contracts. Contractor performance information is located on the CPA website at:

http://www.txsmartbuy.com/vpts.

4.11 CONTRACT AWARD

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

SECTION V – GENERAL TERMS AND CONDITIONS

5.1 GENERAL TERMS AND CONDITIONS

Any contract awarded as a result of this RFO will contain the general terms and conditions provided in this document. Subcontractors must also comply, if applicable. TWDB will consider exceptions to terms and conditions during the contract negotiation phase; see Section 4.11. Contractor is required to make any information created or exchanged with the state pursuant to this contract 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.

5.2 PATENTS OR COPYRIGHTS

The selected Contractor agrees to protect the State and TWDB from claims involving infringement of patents or copyrights. TWDB will not consider any response to the RFO that bears a copyright. RFOs will be subject to the Texas Public Information Act, Texas Government Code Chapter 552, and may be disclosed to the public upon request. Subject to the Act, Respondents may protect trade and confidential information from public release. Trade secrets or other confidential information submitted as part of a RFO must be clearly marked in boldface type and at least 14-point font.

5.3 CONTRACTOR ASSIGNMENTS

Respondent hereby assigns to TWDB any and all claims for overcharges associated with the Contract arising under the antitrust laws of the United States, 15 U.S.C.A. Section 1 et seq., and the antitrust laws of the State of Texas, Tex. Bus. & Com. Code § 15.01 et seq.

5.4 VETERAN HEROES UNITED IN BUSINESS PROGRAM (VetHUB) SUBCONTRACTING PLAN It is the policy of TWDB to make a good faith effort to achieve the annual program goals by contracting directly with VetHUBs or indirectly through subcontracting opportunities in accordance with Texas Government Code Chapter 2161, Subchapter F, and VetHUB Rules promulgated by the Comptroller of Public Accounts (CPA), 34 TAC §§ 20.281-298.

http://www.txsmartbuy.com/vpts https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap1-sec1.htm https://statutes.capitol.texas.gov/Docs/BC/htm/BC.15.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

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Any contract(s) awarded as a result of this RFO must include reporting responsibilities related to Veteran Heroes United in Business Program (VetHUB) subcontracting. Awarded contractors may not change any subcontractor without submitting a revised Subcontracting Plan (SP) to TWDB. Any change to a subcontractor and revised SP must be approved in writing by TWDB prior to implementation.

VetHUBs are strongly urged to respond to this RFO. Under Texas law, state agencies are required to make a good faith effort to assist VetHUBs in receiving certain percentages of the total value of contract awards.

ALL RESPONDENTS TO THIS RFO, INCLUDING THOSE THAT ARE VETHUB CERTIFIED OR THOSE

WHO DO NOT PLAN TO SUBCONTRACT, MUST COMPLETE A SUBCONTRACTING PLAN (SP) IN

ACCORDANCE WITH THE STATE’S POLICY ON UTILIZATION OF VetHUBs. THE SP MUST BE

INCLUDED AS PART OF THE PROPOSAL TO THIS RFP. FAILURE TO COMPLETE THE SP AS

INSTRUCTED MAY RESULT IN DISQUALIFICATION OF THE PROPOSAL FROM CONSIDERATION.

Please review the SP forms carefully and allow sufficient time to identify and contact VetHUBs and allow them to respond. Note that contractors must demonstrate a good faith effort to contract with new VetHUBs if currently proposed VetHUBs have performed as subcontractors to Contractor for more than five (5) years. If a Contractor does not plan to subcontract, Contractor must state that fact in their plan. The completed plan will become part of the Contract awarded as a result of this Solicitation.

5.5 VetHUB RESOURCES AVAILABLE

A list of certified VetHUBs is available on the Texas Comptroller of Public Accounts (CPA) Web site at: https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do. For additional information, contact the CPA’s VetHUB program office at StatewideHUBProgram@cpa.texas.gov. If contractors know of any businesses that may qualify for certification as a HUB, they should encourage those businesses to contact the CPA HUB program office.

5.6 REQUIRED AFFIRMATIONS AND CERTIFICATIONS

A. Antitrust. Respondent represents and warrants that, in accordance with Texas Government Code § 2155.005, neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such firm, corporation, partnership or institution, has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Texas Business and Commerce Code Chapter 15, or the federal antitrust laws; or (2) communicated directly or indirectly the contents of its proposal to any competitor or any other person engaged in the same line of business as Respondent.

B. Child Support Obligation. Under Texas Family Code § 231.006, Respondent certifies that the individual or business entity named in its proposal is not ineligible to receive the specified payment and acknowledges that any Contract resulting from this Solicitation may be terminated, and payment may be withheld if this certification is inaccurate. Any Respondent subject to Texas Family Code § 231.006 must include in the response the names and Social Security numbers of each person with at least 25 percent ownership of the business entity submitting the Response.

mailto:%20StatewideHUBProgram@cpa.texas.gov.%20

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C. COVID-19 Vaccine Passport Prohibition. Respondent certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contract.

D. Dealings with Public Servants. Pursuant to Texas Government Code § 2155.003, 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 public servant in connection with the goods or services being supplied.

E. Debts and Delinquencies. Respondent agrees that any payments due under the Contract will be applied towards any debt or delinquency that is owed to the State of Texas, including but not limited to delinquent taxes, delinquent student loan payments and delinquent child support.

F. E-Verify Program. Respondent certifies that for contracts for services, Respondent will utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the Contract to determine the eligibility of: (1) all persons employed by Respondent to perform duties within Texas; and (2) all persons, including subcontractors, assigned by Respondent to perform work pursuant to the contract within the United States of America.

G. Excluded Parties. Respondent certifies that it is not listed on the federal government’s terrorism watch list as described in Executive Order 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

H. Executive Head of a State Agency. In accordance with Texas Government Code § 669.003, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of TWDB, (2) a person who at any time during the four years before the date of the contract was the executive head of TWDB, or (3) a person who employs a current or former executive head of TWDB.

I. Financial Participation Prohibited. Pursuant to Texas Government Code § 2155.004(a), Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from TWDB or any agency of the State of Texas for participation in the preparation of the specifications for this bid or proposal. Pursuant to Texas Government Code § 2155.004(b), Respondent certifies that the individual or business entity named in this bid or response is not ineligible to receive the specified contract and acknowledges that the Contract may be terminated, and payment withheld if this certification is inaccurate.

J. Hardening of State Government. Respondent certifies that neither nor its holding companies or subsidiaries is: (1) listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); or (2) listed in Section 1260H of the 2021 NDAA; or (3) owned by the government of a country on the United States Department of Commerce’s foreign adversaries list under 15 C.F.R. § 791.4; or (4) controlled by any governing or regulatory body located in a country on the United States Department of Commerce’s foreign adversaries list under 15 C.F.R. § 791.4.

580-27-RFP-0005 Page 17 of 32

N. Human Trafficking Prohibition. Under Texas Government Code § 2155.0061, Respondent certifies that the individual or business entity named in this Response or Contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated, and payment withheld if this certification is inaccurate.

O. Lobbying Prohibition. Respondent represents and warrants that TWDB’s payments to

Respondent and Respondent’s receipt of appropriated or other funds under any contract resulting from this Solicitation are not prohibited by Texas Government Code §§ 556.005 or 556.0055, related to the prohibition on payment of state funds to a lobbyist or for lobbying activities.

P. No Conflict of Interest. Respondent represents and warrants that the provision of goods and services or other performance under the Contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.

Q. Prior Disaster Relief Contract Violation. Texas Government Code §§ 2155.006 and 2261.053 prohibit state agencies from accepting a Response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster occurring after September 24, 2005, as defined by Texas Government Code § 418.004. Under Texas Government Code §§ 2155.006 and 2261.053, Contractor certifies that the individual or business entity named in this Response is not ineligible to receive the specified contract and acknowledges that any contract resulting from this Solicitation may be terminated, and payment withheld if this certification is inaccurate.

R. Restricted Employment for Certain State Personnel. Pursuant to Texas Government Code §

572.069, Respondent certifies that it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for TWDB involving Respondent within two (2) years after the date that the Contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015.

S. Suspension and Debarment. Respondent certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration.

T. Texas Bidder Affirmation. Respondent certifies that if a Texas address is shown as the address of Respondent on its Response, Respondent qualifies as a Texas Bidder as defined in Texas Government Code § 2155.444(c).

U. Buy Texas. Respondent agrees to comply with Texas Government Code § 2155.4441, requiring the purchase of products and materials produced in the State of Texas when performing service contracts.

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5.7 INDEMNIFICATION

RESPONDENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND

TWDB, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,

ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE

OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE

MUST BE COORDINATED BY RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL

WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT, AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING CONCURRENCE FROM THE OFFICE OF

THE TEXAS ATTORNEY GENERAL. RESPONDENT AND TWDB AGREE TO FURNISH TIMELY WRITTEN

NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

5.8 ADDITIONAL TERMS

Any terms and conditions attached to your Response will not be considered unless specifically referred to in the Response.

5.9 DISPUTE RESOLUTION

The dispute resolution process provided for in Texas Government Code Chapter 2260 must be used by TWDB and Respondent to attempt to resolve all disputes arising under any contract resulting from this Solicitation.

5.10 EXCESS OBLIGATIONS PROHIBITED

Any contract resulting from this Solicitation is subject to termination or cancellation without penalty to TWDB, either in whole or in part, subject to the availability of state funds.

5.11 PUBLIC INFORMATION ACT

Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to Texas Government Code Chapter 552 (the “Public Information Act”). In accordance with Texas Government Code § 2252.907, Respondent is required to make any information created or exchanged with the State pursuant to the Solicitation or Contract and not otherwise excepted from disclosure under the Public Information Act available in a format that is accessible to the public at no additional charge to the State.

5.12 GOVERNING LAW AND VENUE

Any contract resulting from this Solicitation will be governed by the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under a contract resulting from this Solicitation is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute that directly names or otherwise identifies its applicability to TWDB.

5.13 ETHICS

Under Texas Government Code Section 2155.003, an individual who interacts with public purchasers in any capacity is required to adhere to the guidelines Under Texas Government Code § 2155.003, and is

580-27-RFP-0005 Page 19 of 32 required to adhere to the Ethics Laws and Professional Standards in the State of Texas Procurement and Contract Management Guide, which outlines the ethical standards required of public purchasers, employees, and bidders who interact with public purchasers in the conduct of state business, and with any opinions of or rules adopted by the Texas Ethics Commission. Entities who are interested in seeking business opportunities with the state must be mindful of these restrictions when interacting with public purchasers of TWDB or purchasers of other state agencies. Specifically, a TWDB employee may not have an interest in, or in any manner be connected with a contract or bid for a purchase of goods or services by an agency of the state; or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation.

5.14 FRAUD STATEMENT

Respondents understand that TWDB does not tolerate any type of fraud. TWDB’s policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Contractors are expected to report any possible fraudulent or dishonest acts, waste, or abuse to the agency’s Internal Audit division at 512- 463-7978 or Nicole.Campbell@twdb.texas.gov.

5.15 CONFLICT OF INTEREST

A Respondent will not be selected if there is a conflict of interest that will or may arise during the performance of its obligations under any Contract resulting from this Solicitation. For this reason, the submission in response to this RFO must disclose all business interests and all relationships that could reasonably be considered to pose possible conflicts of interest in Respondent’s performance of the contract obligations. In addition, respondents must represent and warrant in the response to this RFO and in the Contract that in the performance of services under the Contract, (1) Respondent does not have and will not have any actual or potential conflict of interest, and (2) Respondent will take whatever reasonable actions may be necessary and prudent to avoid even the appearance of impropriety.

5.16 RIGHT TO AUDIT

The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under a contract or indirectly through a subcontract under the Contract. The acceptance of funds under a contract or subcontract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

5.17 CONTRACT ADMINISTRATION

TWDB will designate a project manager for the Contract. The project manager will serve as the point of contact between TWDB and the selected Contractor(s). The TWDB project manager will supervise TWDB's review of Contractor’s technical work, deliverables, draft reports, final report, payment requests, schedules, financial and budget administration, and similar matters. 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.

https://comptroller.texas.gov/purchasing/publications/procurement-contract.php https://comptroller.texas.gov/purchasing/publications/procurement-contract.php mailto:Nicole.Campbell@twdb.texas.gov

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5.18 CONTRACT AMENDMENT/TERMINATION

Any contract resulting from this Solicitation may be altered or amended by mutual written consent or terminated by the Executive Administrator at any time by written notice to Contractor. Upon receipt of such termination notice, Contractor must, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of the Contract and promptly cancel all existing orders chargeable to the Contract. Contractor must submit a statement showing in detail the work performed under the Contract to the date of termination. TWDB will pay Contractor for the work actually performed under the Contract, less all payments that have been previously made. Thereupon, copies of all work accomplished under the Contract must be delivered to TWDB.

5.19 STOP WORK ORDER

The Executive Administrator may issue a Stop Work Order to Contractor at any time. Upon receipt of such order, Contractor must discontinue all work under the Contract and cancel all orders pursuant to the Contract, unless the order directs otherwise. If the Executive Administrator does not issue a Restart Order within 60 days after Contractor of the Stop Work Order, the Contract is terminated in accordance with the foregoing provisions.

5.20 DISASTER RECOVERY PLAN

Upon request of TWDB, Respondent must provide descriptions of its business continuity and disaster recovery plans.

5.21 DEFAULT

If Contractor is found to be in default under any provision of the Contract, TWDB may cancel the Contract without notice and either re-solicit or award the Contract to the next best responsive and responsible Respondent. In the event of abandonment or default, Contractor will be responsible for paying damages to TWDB, including but not limited to re-procurement costs, and any consequential damages to the State of Texas or TWDB resulting from Contractor’s non-performance. The defaulting contractor will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work unless the specification or scope of work is significantly changed.

5.22 FORCE MAJEURE

Neither Respondent nor TWDB will be liable to the other for any delay in or failure of performance of any requirement included in the Contract caused by force majeure.