ESBD_532807_1782765254551_RFP 212-26-0731 Court Reporter Exam.pdf

REQUEST FOR PROPOSALS (RFP) NO. 212260731

NIGP CLASS / ITEM 924-20

Solicitation Point of Contact:

Darryl Gaona, CTCD, CTPM purchasing@txcourts.gov darryl.gaona@txcourts.gov mailto:purchasing@txcourts.gov mailto:darryl.gaona@txcourts.gov

OCA RFP No. 212260731 – Shorthand Reporter and Court Reporter Examinations

Table of Contents

1. General

2. Statement of Work

3. Proposal Information

4. General Terms and Conditions

Exhibit A – Respondent Questionnaire

Exhibit B – Antitrust Certification Statement

Exhibit C – Execution of Proposal

1. General

1.1 Scope

The Texas Office of Court Administration (OCA) and Judicial Branch Certification Commission (JBCC) seek proposals with a person or entity which has the expertise and resources to develop and administer, in‐person, online, or both, a shorthand reporter certification examination in accordance with the specifications contained in this Request for Proposals (“RFP”).

1.2 Agreement Term

The Agreement term shall be as defined in Exhibit D, Agreement.

1.3 Compensation

The selected Contractor will receive compensation from examination fees paid by examinees directly to Contractor. Neither OCA nor JBCC will receive examination fees. OCA and JBCC do not guarantee or act as surety for any examinees OCA is not liable for compensation for services rendered under the Agreement. Pursuant to Texas Government Code §§ 152.151(a)(4) and (b)(1) the examination fees are set by the Supreme Court of Texas. The fees are, as of April 2026, $175 for Part A and $100 for Part B.

1.4 Overview of OCA and JBCC

OCA is a state agency in the judicial branch that provides administrative support and technical assistance to Texas courts and operates under the direction of the chief justice of the Supreme Court of Texas. Texas Government Code Chapter 152 establishes JBCC as an agency within the judicial branch to license and regulate professions which provide services in the performance of judicial functions.

Pursuant to Texas Government Code Chapter 154 JBCC oversees certification of court reporters, including but not limited to administration of the certification examination. Under Texas Government Code § 152.103, JBCC is administratively attached to OCA. Further information regarding OCA and JBCC, including the agency strategic plan, enabling legislation, rules, and roster of certified shorthand reporters, can be found at JBCC’s web site.

2. Statement of Work

2.1 Standards and Requirements

The examination, to include development and administration services, shall comply with the requirements of Chapters 152 and 154, Texas Government Code, and JBCC Rules Governing Examinations and Court Reporter Certification.

2.2 Agreement Terminology

Services set forth that contain the words “must” or “shall” are mandatory and must be provided as specified with no alteration, modification, or exception. Services set forth that contain the words “may” or “can” allow Respondents to offer alternatives to the manner in which the services are provided. The examination development and administration services shall comply with the requirements of Chapters 152 and 154, Texas Government Code, and JBCC Rules Governing Court Reporter Certification. Services are to be performed in accordance with Exhibit D, the proposed Agreement (“Agreement” or “Contract” herein).

2.3 Service Deliverables

Services will include, without limitation, those specified in this RFP and the Agreement between the selected Contractor and OCA. The selected Contractor shall provide court reporter certification examination services to JBCC. The examination consists of two parts: Part A, a dictation examination consisting of three legs, and Part B, a written examination. In response to this RFP, a proposer may submit a proposal to develop and administer both Part A and Part B or Part A or Part B of the examination. Each of the following items constitutes a deliverable as to the part identified:

a. Examination Development

i. Part A: Contractor shall develop a dictation examination that demonstrates the competency of shorthand reporters in one or more of the methods of shorthand reporting authorized by Texas Government Code § 154.101. The dictation examination is Part A of the certification examination required by Texas Government Code § 154.103(b). Part A consists of three legs: (l) five minutes of two‐voice dictation of questions and answers given at 225 words per minute, (2) five minutes of dictation of jury charges given at 200 words per minute, and (3) five minutes of dictation of selected literary material given at 180 words per minute.

ii. Part A: Contractor shall design and develop the Part A dictation examination which must establish skills and knowledge necessary to competently render services as a certified shorthand reporter. The test must be developed with the input of experts in the fields of shorthand reporting or stenography and evaluated and determined to be valid by an expert in the field of psychometrics or statistics.

iii. Part B: Contractor shall develop the Part B written examination that consists of objective multiple‐choice questions relating to elementary aspects of shorthand reporting, spelling, and grammar and Texas rules and procedure (Part B under Texas Government Code § 154.103(c).)

iv. Part B: Contractor shall have the contents of the written examination validated by a qualified professional.

b. Examination Administration

i. Contractor shall ensure the examination conditions, allowed times, and passing scores for both Part A and Part B of the examination comply with Texas Government Code § 154.103, and the requirements of the Agreement. Contractor shall specify whether either or both parts of the examination will be remotely administered.

ii. Contractor shall pre‐test Part A (dictation) and Part B (written) of the examinations to determine their validity and that they test at an appropriate level of difficulty to ensure the skills, competency, and qualifications of certified shorthand reporters.

iii. Prospective examinees apply to JBCC for certification and register with Contractor to take the examination in accordance with the procedures and deadlines of the JBCC. JBCC will send a list of approved examinees to Contractor.

iv. Contractor shall greet and ensure the identity of each examinee by cross-reference to the list submitted by JBCC. Contractor shall collect fees from examinees pursuant to Texas Government Code § 152.201(c)(2).

Contractor shall ensure that the test site is secure and for in‐person examinations will ensure the site is well‐lighted, temperature‐controlled, safe, and sufficiently large and appropriate to accommodate the number of examinees in a manner which will afford reasonable conditions for testing.

v. Contractor, in coordination with JBCC shall accommodate examinees’ requests to reschedule an examination due to emergency, religious holiday, or to make reasonable accommodations under the Americans with Disabilities Act.

vi. Contractor will not allow in‐person examinees to bring anything into the examination room except their keys, a jacket, and their photo identification. Contractor will ensure examinees do not bring the following into the examination room: cell phones, pagers, PDAs, cameras, notes, electronic devices (except as necessary for the examination or for reasonable accommodations for a documented disability in accordance with the Americans with Disabilities Act) and recording devices of any kind, purses, notes, backpacks, bags, papers, food, and drinks.

vii. Contractor will administer the examination parts for which they are contracted with the JBCC at least quarterly, at the times and locations acceptable to JBCC and in accordance with the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. § 1201 et seq.).

viii. Part A consists of five minutes of two‐voice dictation of questions and answers given at 225 words per minute, five minutes of dictation of jury charges given at 200 words per minute, and five minutes of dictation of selected literary material given at 180 words per minute. Each applicant must personally take down the test material, either in writing or in voice, and must prepare a transcript of the material taken down. The minimum passing grade for each section of Part A is 95 percent. A dictionary may be used during Part A. Each applicant has three hours to complete and print the transcription of Part A. If an applicant finishes before the three hours have elapsed, the applicant may review the transcript but may use only the test material taken down by that applicant to review the transcript.

ix. Prior to each leg of Part A, Contractor must give examinees a warm‐up.

When administering Part A, the questions in the question‐and‐answer leg must be read by either a female voice or a male voice; the answers must be read by a voice of the opposite gender. The jury charge and literary material legs must be read by one voice each, male or female.

x. Examinees shall take and pass all legs of Part A in one sitting.

xi. Part B consists of objective questions relating to elementary aspects of shorthand reporting, spelling, and grammar. The minimum passing grade for Part B is 75 percent. A dictionary may not be used during Part B.

xii. Contractor shall ensure the security of the examination materials prior to, during, and after examination administration. Contractor shall ensure the security of the test facilities for in‐person and online examinations and take reasonable precautions against cheating. Contractor shall have at least two persons in the test room at all times to monitor the administration of the in‐person examinations and shall monitor the administration of the online examination and to ensure that no unauthorized materials are brought into or out of the test site or are accessed or present during online presentation.

xiii. Contractor shall immediately report the identity of any examinee who cheats or violates examination protocol to the JBCC.

xiv. Contractor shall grade the examination according to the requirements of Texas Government Code § 154.103. Contractor must ensure that exams will be graded uniformly, consistently, and according to the material actually dictated.

xv. Contractor shall report examination results to the JBCC and the applicant by electronic mail and/or any other means required by the JBCC within 30 days after the examination date pursuant to Section 152.201, Texas Government Code.

xvi. Contractor shall ensure the confidentiality of completed examination materials and examination results.

xvii. Contractor shall record applicant's contact Information, date of examination, examination Site, score, date of notification, and payment of fees in a confidential database and provide this data to OCA and the JBCC in an electronic format that is acceptable to OCA and the JBCC within 30 days after the date of the examination.

xviii. Contractor shall provide periodic reports as requested by JBCC.

c. Post Examination – Regrade, Analysis and Protest

At JBCC’s discretion, the selected Contractor may be responsible for any regrading of examinations that is conducted pursuant to Rule 6.2(h) of the JBCC’s Rules Governing Court Reporter Certification, or for any analysis of a person’s performance on the examination made pursuant to Texas Government Code § 152.201(d). Contractor must cooperate and coordinate with the JBCC to ensure that the Contractor’s grading procedures facilitate re‐grading and performance analysis by the entity that performs these services. Contractor shall allow JBCC personnel access to all aspects of examination administration and grading. Examinees may protest any aspect of the examination or its administration to the JBCC. Contractor shall cooperate with JBCC regarding any investigation and resolution of a protest. Contractor agrees the terms of resolving a protest may include re‐administration of the examination at no cost to the examinee and reimbursing costs incurred by JBCC on protest investigation and resolution.

2.4 Performance Tracking

OCA and JBCC will monitor the performance of the Agreement issued under this RFP. All services under the Agreement shall be performed at an acceptable quality and in a manner consistent with statutory requirements and acceptable industry standards, custom, and practice. OCA and JBCC may periodically audit the grading of examinations to ensure compliance with Texas Government Code § 154.103, Texas Government Code.

3. Proposal Information

3.1 Anticipated Schedule of Events

Event Date Time

Issue RFP June 29, 2026 n/a

Deadline for question submission July 13, 2026 3:00 p.m.

Deadline for OCA question response July 20, 2026 5:00 p.m.

Deadline for proposal submission July 31, 2026 3:00 p.m.

Oral presentations (if requested) August 6-7, 2026 TBA

Agreement start date September 1, 2026 n/a

3.2 Revisions to schedule

OCA reserves the right, at its sole discretion, to change the dates in the Anticipated Schedule of Events above upon notice to prospective Respondents through an Addendum posting on the Electronic State Business Daily (ESBD) website at https://www.txsmartbuy.gov/esbd. Respondents should check the ESBD frequently for updates. It is the responsibility of interested parties to periodically check the ESBD for updates to the RFP prior to submitting a response.

3.3 Pre-proposal conference

OCA will not be holding a pre‐proposal conference.

https://www.txsmartbuy.gov/esbd

3.4 Proposal requirements

a. Costs. Respondents to this RFP are responsible for all costs of Proposal preparation.

b. No copyrights. Proposals should not bear a copyright.

c. Nondisclosure; Public Access to Records. Following the award of an Agreement, responses to this RFP are subject to release under Rule 12 of the Texas Rules of Judicial Administration unless the Respondent or specific parts of the proposal or specific parts of the proposal can be shown to be exempt under Rule 12. All respondents are advised to consult with their legal counsel regarding disclosure issues and to take the appropriate precautions to safeguard trade secrets or other proprietary information. OCA assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondent. If an Offeror believes that any portion of the proposal is confidential, Respondent must send an additional copy of Respondent’s response with confidential or proprietary information redacted. In the event OCA receives a request for portions of a proposal marked as confidential, OCA will notify Respondent whose proposal is the subject of the request so Respondent may provide any authority for withholding the information.

d. Format. Respondents shall submit one electronic copy of the Proposal. The electronic copy must be formatted as searchable PDF files and stored on a standard USB drive or provided over email. The electronic copy may not contain audio or video or use embedded fonts. Submission pages must be numbered and contain an organized, paginated table of contents.

e. Submissions. Listed below is a summary of information required to be included in the proposal responding to this RFP. The sections in the Requirements Submission should be numbered, titled, and ordered as shown below. OCA reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

i. Respondent Information. Include the following information related to the responding business entity: formal name and all assumed names used by the business entity; structure of business entity (i.e. sole proprietorship, partnership, corporation, etc.); state in which business entity was formed or incorporated; physical address and mailing address;

principal place of business; whether, and to what extent, Respondent has established a physical presence in the State of Texas including relevant timeframes; and name, title, address, telephone number, fax number, and e‐mail address of Respondent’s primary contact.

ii. Project Plan for Deliverables. In accordance with the Agreement and this RFP, provide a project plan that includes key tasks and dates, estimated exam schedule, estimated development and administration costs that are equal to or less than $275 per examination (Part A plus Part B costs) including assumptions used in estimating costs, and proposed controls to ensure accuracy and security in the examination and grading processes. Each part of the exam (Part A and Part B) shall be administered at least quarterly, in geographically diverse locations in Texas. OCA encourages Respondents to include technologically innovative exam options as part of the project plan. As part of the project plan, Respondents must provide a copy of all of Respondent’s examination rules, requirements, and procedures to ensure the security of the examination, including any procedures to maintain the integrity of the examination administered online. If any or all of Respondent’s examination procedures are confidential, Respondent shall submit a separate copy with confidential portions redacted.

iii. Experience and Qualifications. Complete and provide the Respondent Questionnaire included as Exhibit A in this RFP. The questionnaire solicits information about Respondent’s contacts, references, previous contract terminations, experience, and personnel (including employees and subcontractors). In addition to the Respondent Questionnaire, Respondents must provide information about the experience and qualifications of employees and contractors who will furnish services under this Agreement, including, but not limited to, graders.

iv. Financial Solvency and Insurance Information. Include Respondent’s most recent annual financial report or year‐end financial statements, and proof of liability insurance and workers compensation coverage.

v. Statement of Objectivity. No member of the JBCC or an Advisory Board member or OCA employee may have a direct or indirect interest in the proceeds of an Agreement resulting from this RFP or be related within the second degree of consanguinity or affinity to anyone having a direct interest in those proceeds. Include a statement of Respondent’s objectivity and independence. If Respondent is funded by or related to any entity or person regulated by the JBCC, disclose the nature and degree of the relationship. OCA may conditionally accept an offer without this statement but may not award the Agreement (or any other contract) without it.

vi. Antitrust Certification. Each respondent will certify and sign the attached Antitrust Certification Statement included as Exhibit B and comply with the antitrust laws codified in Chapter 15, Texas Business & Commerce Code and that the respondent did not disclose the contents of the response to a competitor in the same line of business.

vii. Ineligibility for Certain Federal Offenses arising from Contracts for Disaster Relief. Under Texas Government Code § 2155.006, the respondent certifies that the individual or business entity named in a Proposal is not ineligible to be awarded the Agreement and acknowledges that the Agreement, if awarded, may be terminated and payment withheld if this certification is inaccurate.

viii. Execution of Proposal. OCA will reject proposals without an Execution of Proposal included as Exhibit C in this RFP signed by a person with authority to bind the Respondent to a contract.

3.5 Inquiries

All inquiries and questions shall be submitted in writing by e‐mail to purchasing@txcourts.gov and darryl.gaona@txcourts.gov observing the schedule provided in Section 3.1.

Reponses to inquiries and questions will be posted as an addendum to the ESBD website on the date provided in Section 3.1.

It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a proposal. The Respondent’s failure to periodically check the ESBD will in no way release the Contractor from “addenda or additional information” resulting in additional costs to meet the requirements of the RFP.

Except as otherwise provided in this Section, upon issuance of this RFP, other employees and representatives of OCA will not answer questions or otherwise discuss the contents of the RFP with any potential Respondent or its representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions unrelated to this RFP.

3.6 Proposal submission

All Proposals shall be received at OCA prior to the deadline for proposal submission provided in Section 3.1. Respondent should obtain a timestamp on proposals received on the deadline date. OCA will reject late submittals. All submitted Proposals become the property of OCA after submission. Submitted proposals shall constitute an offer to contract subject to acceptance by OCA. It is Respondent’s responsibility to appropriately mark and deliver the Proposal to OCA by the specified date. Telephone, fax, or other proffers of proposals not mentioned in Section 3.7 will not be accepted.

3.7 Delivery of proposals

Proposals shall be submitted to OCA by U.S. mail, express delivery, hand delivery or by email. Proposals should be placed in a separate envelope or package and be clearly marked “RFP 212260731 to Perform Examination Services,” and “ATTN:

PURCHASING.” Emails should contain “RFP 212260731” in the subject line with the proposal as one or several attachments or a link to a website such as Google Drive or Dropbox containing only the proposal.

U.S. Postal Service Express delivery and hand delivery* Email

Office of Court Administration Attn: Purchasing PO Box 12066 Austin, TX 78711-2066

Office of Court Administration Attn: Purchasing 205 W. 14th St.

Ste. 600 Austin, TX 78701

Hand delivery must be arranged in advance with Darryl Gaona, darryl.gaona@txcourts.gov or (512) 463-1486.

purchasing@txcourts.gov with a copy to darryl.gaona@txcourts.gov

3.8 Proposal opening

The Office of Court Administration will not be holding a public opening of the proposals.

3.9 Proposal evaluation and award

At its discretion, OCA may make one or more awards under this Request for Proposal. OCA will make any award to one or more Respondents whose Proposals are considered to provide the best value to the State of Texas, as defined by Texas Government Code § 2155.074. Best value will be determined by applying the following criteria and assigned weighted values:

Category Weight Approach to exam development 20% Proposer experience and qualification 20% Proposed exam process (registration, administration, security measures, grading, use of technology)

25%

Exam schedule and locations 25% References 10%

At its discretion, OCA may request oral presentation, and/or demonstrations from a Respondent admitted to the field of competition. OCA will notify Respondent of the time and location for these activities and may supply agendas or topics for discussion. OCA reserves the right to ask additional questions during oral presentations, and or demonstrations to clarify the scope and content of the written proposal.

Respondent’s oral presentation, and/or demonstration must substantially represent material included in the written proposal and should not introduce new concepts or offers unless specifically requested by OCA.

An evaluation committee will determine whether Best and Final Offers are necessary. Award of the Agreement may be made without Best and Final Offers. A request for a Best and Final Offer is at the sole discretion of OCA and will be extended in writing.

In evaluating proposals to determine the best value for the State, OCA may consider information related to past contract performance of a Respondent, including, but not limited to, the Comptroller of Public Account’s Vendor Performance Tracking System (available at https://www.txsmartbuy.gov/vpts).

3.10 Reservation of rights

OCA reserves the right to reject any and all proposals, to award an Agreement for examination services for only the Part A exam or the Part B exam, or to re‐solicit or cancel this RFP, if such action is deemed in the best interests of the State of Texas and OCA.

4. General Terms and Conditions

4.1 Offer and acceptance

A proposal submitted in response to this RFP is an offer to agree to the terms, conditions, and specifications contained herein and Exhibit D, the Agreement. The offer is accepted by OCA when written Agreement between the parties is executed.

The selected Respondent shall be referred to as the Contractor.

4.2 Contract documents

The successful Respondent shall be required to execute the Agreement included as Exhibit D, (“Agreement” or “Contract”). The terms and conditions in the Agreement shall govern any agreement issued as a result of this RFP.

4.3 Felony criminal convictions

Contractor shall fully advise OCA as to the facts and circumstances surrounding conviction of a felony criminal offense of Contractor or any of its employees.

4.4 Technology access clause

If Contractor’s Work includes the provision of an automated information system as defined by Texas Government Code Chapter 2157, state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, Contractor shall provide OCA technology that is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: (1) providing equivalent access for effective use by both visual and nonvisual means; (2) presenting information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; and (3) being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this Section, the phrase “equivalent https://www.txsmartbuy.gov/vpts access” means substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services that would constitute reasonable accommodations under the federal Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance.

4.5 Smoking policy

OCA has a policy of being a smoke‐free agency. The policy reflects our commitment to providing a healthy environment for all our employees and visitors. This policy prohibits smoking within any state building or on the grounds. Due to the nature of the Agreement, it is not anticipated that Contractor will ever be present at the offices of OCA or JBCC. However, Contractor, by acceptance of the Agreement, agrees to abide by this policy when on the property of OCA. Contractor further agrees to abide by this policy when administering examinations to prospective certificate‐holders of the JBCC.

Exhibit A – Respondent Questionnaire OCA Contract No. 212260731

Exhibit A – Respondent Questionnaire

Note: This exhibit must be completed and returned with the proposal. Responses that do not include this exhibit will be disqualified. The information requested may be submitted in a form provided by the vendor, but the content must be presented with all information in the same order as shown in this questionnaire. Responses shall be void if false statements are contained within this exhibit.

a. Respondent’s Contact Person. Respondent must list the name, title, email address, mailing address, phone number and fax number of the individual who will be the contact person for the term of any Agreement resulting from this RFP.

Name:

Title:

Mailing address:

Telephone:

Fax:

Email:

b. References. Respondent may provide up to three references for which

Respondent has provided the requested services in the RFP during the past five years. Respondent should include dates when requested services were provided, names, telephone numbers and e‐mail addresses of state agency’s or firm’s contact person. If none, check � None

State agency or other entity:

Description of services provided:

Date services provided:

Name of contact:

Telephone number of contact:

Email address of contact:

Date services provided:

Name of contact:

Date services provided:

Name of contact:

Exhibit B – Antitrust Certification Statement

Exhibit B – Antitrust Certification Statement I affirm under penalty of perjury of the laws of the State of Texas that:

(1) I am duly authorized to execute this Agreement on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;

(2) In connection with this bid, neither I nor any representative of the Company have violated any provision of the Texas Free Enterprise and Antitrust Act, Texas Business & Commerce Code Chapter 15;

(3) In connection with this bid, neither I nor any representative of the Company have violated any federal antitrust law; and

(4) Neither I nor any representative of the Company have directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership, or individual engaged in the same line of business as the Company.

Vendor

Address

Phone

Fax

Bidder

Official Authorizing Bid

(if different)

Signature and date

Printed name

Title

Signature and date

Printed name

Title

Exhibit C – Execution of Proposal

Exhibit C – Execution of Proposal

NOTE: THIS EXHIBIT MUST BE SIGNED AND RETURNED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT INCLUDE THIS EXHIBIT WILL BE DISQUALIFIED. THE

PROPOSAL SHALL BE VOID IF FALSE STATEMENTS ARE CONTAINED IN THIS EXHIBIT.

By signature hereon, Respondent certifies that:

All statements and information prepared and submitted in the response to this RFP are current, complete, and accurate.

Respondent 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 submitted response.

When a Texas business address is shown hereon, that address is, in fact, the legal business address of Respondent and Respondent qualifies as a Texas Resident Bidder under 1 Texas Administrative Code § 111.2.

Under Texas Government Code § 2155.004, no person who prepared the specifications or this RFP has any financial interest in Respondent’s Proposal. If Respondent is not eligible, then any Agreement resulting from this RFP shall be immediately terminated. Furthermore, under Texas Government Code § 2155.004, the vendor [Respondent] certifies that the individual or business entity named in this bid or Agreement is not ineligible to receive the specified Agreement and acknowledges that this Agreement may be terminated, and payment withheld if this certification is inaccurate.

Under Texas Family Code § 231.006, relating to ineligibility to receive state funds due to delinquent child support obligations, Respondent and any other individual or partner, shareholder or owner with an ownership interest of at least 25% of a business entity, named in this solicitation are eligible to receive the specified payment and acknowledge that this Agreement may be terminated, and payment withheld if this certification is inaccurate.

The names and social security numbers of any person or entity holding at least a twenty‐five percent (25%) ownership interest in the business entity submitting the Response are as follows:

Name: Social Security Number:

Name: Social Security Number:

Name: Social Security Number:

In accordance with Texas Government Code § 2252.901, Respondent certifies that no principal of Respondent was an employee of the Office of Court Administration within the past year, and that no employee of Respondent who was an employee of the Office of Court Administration within the past year will perform services if Respondent is awarded this Agreement.

Respondent represents that no person who, in the past four years, served as an executive of the Office of Court Administration or any other state agency, was involved with or has any interest in this Response or any Agreement resulting from this Response. If Respondent employs or has used the services of a former executive head of the Office of Court Administration or other state agency, then Respondent shall provide the following information: Name of former executive, name of state agency, date of separation from state agency, position with Respondent, and date of employment with Respondent.

Respondent agrees that any payments due under this Agreement by the Office of Court Administration will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in the President’s Executive Order (EO) 13224, Executive Order on Terrorist Financing – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it. Entities ineligible for federal procurement are listed at https://www.sam.gov/SAM/.

https://www.sam.gov/SAM/

As prohibited by Texas Government Code § Section 2155.006(b), Respondent certifies this Response does not include proposed financial participation by a person who, during the five year period preceding the date of this Response, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Texas Utilities Code § 39.459, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Texas Utilities Code § 39.459, Hurricane Katrina, or any other disaster occurring after September 24, 2005.

Respondent further certifies that under Texas Government Code § 2155.006 (Human Trafficking Prohibition), the individual or business entity named in this Response is not ineligible to receive the specified Agreement and acknowledges that any Agreement resulting from this RFP may be terminated and payment withheld if this certification is inaccurate.

The acceptance of funds by the Respondent or any other entity or person directly under an Agreement resulting from this RFP, or indirectly through a subcontract under a contract resulting from this RFP, authorizes the state auditor to conduct an audit or investigation in connection with those funds. Respondent or any other 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. Respondent will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the vendor and the requirement to cooperate is included in any subcontract it awards.

Respondent acknowledges that OCA may post to the Legislative Budget Board’s public website information about this solicitation, response documents and any awarded Agreement. Respondent also acknowledges that a requestor who is denied access to information marked confidential or proprietary by Respondent may appeal OCA’s withholding of this information under Rule 12 of the Rules of Judicial Administration.

Respondent acknowledges that OCA makes no guarantee that a Rule 12 appeal panel will uphold any argument for denying access to any information within a response and that the decision of a Rule 12 appeal panel is final and binding on OCA.

Preferences

Respondent represents and warrants that it qualifies for all preferences indicated below (check applicable boxes). Not all preferences apply to all procurements. Texas bidder preferences may not apply to contracts with out‐of‐state or foreign entities. For more information about preferences, see the State of Texas Procurement and Contract Management Guide.

Tie bid preferences (Tex. Gov. Code § 2155.444):

� Goods or services produced or offered by a Texas bidder that is owned by a Texas resident service‐disabled veteran.

� Texas vegetation native to the region, for landscaping.

� Agricultural products grown in Texas.

� Agricultural products offered by a Texas bidder.

� Non‐agricultural goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service‐disabled veteran.

� Services offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran.

� USA‐produced supplies, materials or equipment.

Specification preferences:

� Products made of recycled, remanufactured, or environmentally sensitive materials (Tex. Gov. Code § 2155.445).

� Energy‐efficient products (Tex. Gov. Code § 2155.442).

� Rubberized asphalt paving material (Tex. Gov. Code § 2155.443).

� Recycled motor oil and lubricants (Tex. Gov. Code § 2155.447).

� Recycled paper products (Tex. Gov. Code § 2155.448(a)).

� Foods of higher nutritional value, for public cafeterias (Tex. Gov. Code § 2155.452).

� Manufacturers that recycle or reuse computer equipment made by other manufacturers (Tex. Health and Safety Code § 361.965(d)).

Source preferences:

� Products produced at facilities located on formerly contaminated property (Tex.

Gov. Code § 2155.450).

� Products and services from economically depressed or blighted areas (Tex. Gov.

Code §§ 2155.449, 2306.004).

� Vendors that meet or exceed air quality standards (Tex. Gov. Code § 2155.451).

� Products made by persons with disabilities (Tex. Gov. Code § 2155.441).

� Products made by Texas Correctional Industries (Tex. Gov. Code Ch. 497).

Respondent represents and warrants that the individual signing this Execution of Response is authorized to sign this document on behalf of Respondent and to bind Respondent under any contract resulting from this Response.

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