ESBD_533044_1782848468374_TMD26-MH-0043346 Clinical Substance Use Disorder Treatment Training.pdf

Page 1 of 28 OGC Approved 10/16/2021

TEXAS MILITARY DEPARTMENT OF THE STATE OF TEXAS

SOLICITATION

NIGP Code(s)

924-41 Instructor-led, Classroom Training, Non-Technical

SOLICITATION NO.

TMD26-MH-0043346

TYPE OF SOLICITATION

Request for Proposal

(RFP)

DATE ISSUED

07/06/2026

REQUEST FOR PROPOSALS (RFP) - CLINICAL SUBSTANCE USE DISORDER TREATMENT TRAINING

RESPONSE (Respondent must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

DAYS

ACKNOWLEDGMENT OF ADDENDA:

(Respondent acknowledges receipt of Solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF RESPONDENT:

RESPONSE DATE TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, and REMEDIES By signing this document, Vendor represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate.

Failure to sign will disqualify response. TMD may pursue and enforce any available remedies against the Vendor for making false statements, including disqualifying the Vendor’s response, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

This solicitation must be in accordance with the attached Standard Terms and Conditions rev. 7 dated 12/16/2025, Attachment G.3. Unit prices must govern in the event of extension errors.

TERM, PRICING, and FUNDING The initial contract term is effective on the effective date stated in the notice of award (or purchase order if there is no notice of award) and expires one (1) year from that effective date with four (4) one (1)-year optional renewal periods available, which TMD solely reserves the right to exercise.

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

FOR INFORMATION CONTACT:

Dallas Curry-Ikner

Contract Specialist, CTCD, CTCM

Contract Administrator

PHONE: 512-782-5344

EMAIL: Procurement@military.texas.gov

Respondent must submit their responses via e-mail to:

Procurement@military.texas.gov no later than 2:00 P.M. CT on 07/30/2026 mailto:Procurement@military.texas.gov

Page 2 of 28 OGC Approved 10/16/2021

ANTICIPATED SCHEDULE OF EVENTS

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

Date Time CST Events

07-06-2026 2:00 pm Solicitation Posted to ESBD 07-15-2026 5:00pm Last day to submit written questions for clarification to

TMD

07-22-2026 Estimated date for TMD to post Question and Answer

(Q&A) document to ESBD 07-30-2026 2:00pm Deadline for TMD to receive Bids

Intentionally Left Blank

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TABLE OF CONTENTS

ANTICIPATED SCHEDULE OF EVENTS

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.3.1 Billing and Payment B.3.2 Payment Adjustment B.3.3 Late Payment B.3.4 Deductions for Unacceptable Compliance B.3.5 Withholding of Payment B.3.6 Debts and Delinquencies B.3.7 Right to Offset

B.4 MANDATORY PRICING SCHEDULE

SECTION C - STATEMENT OF WORK (SOW)

C.1 INTRODUCTION

C.2 STATEMENT OF WORK

C.3 MINIMUM REQUIREMENTS

C.4 DELIVERABLES

C.5 ACCEPTANCE CRITERIA

C.6 TMD PERSONNEL

C.6.1. TMD’s Contract Administrator C.6.2 TMD’s Project Manager C.6.3 TMD’s Assistant Project Manager

C.7 INSURANCE REQUIRED UNDER THIS CONTRACT

C.8 REFERENCES & Past project performance

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 RESPONSE PREPARATION INSTRUCTIONS

E.2 AMENDMENTS TO THE SOLICITATION

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

E.4 SIGNATURES ON RESPONSE SUBMITTED

E.5 RESPONSE ACCEPTANCE PERIOD

E.6 CONTRACT AWARD

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E.7 TMD’s RIGHTS

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Volume One – Contract Forms and Required Response Information E.8.2 Volume Two – Information Section E.8.3 Volume Three – Cost and Pricing Response

E.9 DEMONSTRATIONS

E.10 DISCUSSION AND CORRESPONDENCE

E.11 SUBMISSIONS SUBJECT TO THE Texas public information act

E.13 ANTICIPATED SCHEDULE OF EVENTS

SECTION F—EVALUATION CRITERIA

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SECTION A—DEFINITIONS

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

“BAFO” means best and final offer.

“Bid” means the Respondent’s response to this solicitation. A Bid is an offer to contract based upon the terms, conditions, and specifications contained within the solicitation. Bids do not become contracts until they are accepted through an open market purchase order.

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

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

“CT” means Central Time.

“Contract” means this formal, written, and legally enforceable agreement between TMD and Contractor.

“Contractor” means the individual, business entity, or organization awarded this Contract. In the context of submitting a response, “Contractor” also means “Respondent” and “Vendor.”

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

“Days” means calendar days unless otherwise specified.

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

“Parties” means Contractor and TMD.

“Respondent” means the individual, business entity, or organization that submits a response in response to this solicitation with intent to contract with TMD.

“TMD” means the Texas Military Department of the State of Texas, a state agency in the executive branch created under Tex. Gov’t Code Ch. 437.

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

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

Pricing Instructions A. TMD seeks and Contractor will provide the services described in Section C, Statement of Work, no minimum, as needed, as requested basis. Pricing is firm fixed price for services requested and authorized by TMD as provided under this Contract.

Respondents must offer pricing on this basis. TMD will negotiate pricing prior to award of this Contract if the pricing offered appears that it may not be best value to TMD.

B. Contractor must deliver and provide the services in compliance with all requirements of this Contract on a turnkey basis, for one (1) lump sum firm fixed price, including maintenance for the base year, with such payment to be processed by TMD after TMD’s receipt, testing and written acceptance of the services.

C. Respondent must submit proposed pricing that includes all costs, fees, licenses, and expenses for Contractor’s delivery of the services and performance under this Contract and the final negotiated, contracted pricing for the services will represent Contractor’s sole compensation under this Contract. No minimum compensation is guaranteed under this Contract. No payments may be approved or made prior to TMD’s written acceptance as provided in this Contract.

D. Optional Features, Products, or Services.

Respondents are encouraged to submit and describe in detail, within its response, optional features, products, or services that would benefit TMD, but are not part of the minimum requirements of this solicitation. In its response, Respondent must be specific when describing any proposed optional features, products, or services. For pricing associated with optional items that exceed the minimum requirements, Respondents must include the line-item cost associated with each proposed optional feature, product, or service in the “Optional, Features, Products, or Services” pricing portion of the Mandatory Pricing Schedule.

B.2 INVOICE REQUIREMENTS

Invoices are Contractor’s billing for goods or services rendered. TMD will pay Contractor on the basis of itemized invoices submitted to and approved by TMD. The invoices must show the actual deliverables provided and the attendant charge. Itemized invoices must clearly identify the project phase or title, deliverables delivered, the number of hours that each allocated employee worked if applicable, and the date range of work performance for this associated charge.

A. Contractor’s invoice must include the following:

1. this Contract number;

2. remittance address; and

3. any prompt payment discount offered.

B. Contractor must send an email with the invoice copy to accountspayable@tmd.texas.gov and to the Contract Monitor.

mailto:accountspayable@tmd.texas.gov

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An original, hard-copy invoice, if required by Contractor, will be submitted to the office designated below:

Texas Military Department (TMD) Attn: Accounts Payable Department

P.O. Box 5218, Building 11 Austin, Texas 78703

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

B.3 PAYMENTS

A. TMD recommends that Contractor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Contractor elects to be set up for direct deposit payment, Contractor must submit a completed Direct Deposit Authorization Form (Reference ATTACHMENT G.1 Direct Deposit Authorization Form 74-176 (Rev.9-2121).

B. Regardless as to whether Direct Deposit is chosen, Contractor must submit a completed Texas Application for Payee Identification Number Form (Reference ATTACHMENT G.2 Application for Texas Identification Number # AP-152) to Procurement@military.texas.gov and the following address:

Texas Military Department (TMD) Attn: Accounts Payable

P.O. Box 5218, Building 11 Austin, Texas 78703-5218

Reference: Contractor Set-up for Solicitation TMD26-MH-0043346

Notes: Contact Dallas Curry-Ikner when completed 512-782-5344 or Procurement@military.texas.gov.

C. If Contractor has previously submitted a completed Contractor Direct Deposit Authorization to TMD for another separate contract, another form is not required to be submitted.

B.3.1 Billing and Payment

A. One (1) Lump Sum Payment: Notwithstanding anything else to the contrary in this Contract, TMD will not make any payments of any amount to Contractor or any other entity or person, and Contractor will not submit any invoices, until Contractor has received from TMD a written Final Acceptance Document exhibit signed by TMD’s Contract Monitor specifically stating that TMD accepts the services, and Contractor is authorized to submit an invoice. This Contract provides for one (1) lump sum payment for the services. This Contract will not involve progress payments. If the services are not accepted, this Contract will involve no payments of any type for any amount.

B. Transition/Implementation: Notwithstanding anything else to the contrary in this Contract, TMD will not make any payments of any amount to Contractor or any other

OGC Approved X/XX/2021 Page 8 of 28 entity or person, and Contractor will not submit any invoices, until Contractor has received from TMD a written Final Acceptance Document exhibit signed by TMD’s Contract Administrator specifically stating that TMD accepts the services and Contractor is authorized to submit an invoice. This Contract provides for one (1) lump sum payment for the services. This Contract will not involve progress payments. If the services is not accepted, this Contract will involve no payments of any type for any amount.

C. Maintenance and Support: Once TMD has notified Contractor that Standard Maintenance has begun and the corresponding pricing schedules are applicable, Contractor must begin to bill TMD for each calendar month authorized by TMD, one (1) calendar month in arrears for the amount due for the monthly service authorized by TMD as falling within the Standard Maintenance provisions and accepted in advance in writing by the Contract Monitor. Each invoice is subject to TMD’s usual auditing and accounting procedures. Contractor compensation may be subject to proration or reimbursement for unforeseen situation at the discretion of TMD.

D. Future Enhancements (Change Order Requests): Contractor must invoice TMD upon final acceptance of each completed Change Order Plan (COP). Copies of hardware and equipment invoices, related to any COP, will be submitted as documentation of costs.

The executed Change Order Acceptance Document exhibit must be submitted with the itemized invoice. Failure to include such required documentation will result in rejection of Contractor’s invoice.

E. Tex. Gov’t Code Chapter 2251 (the Prompt Payment Act) will govern payment and accrual of interest on any overdue payments.

F. If TMD, for any reason, including lack of supporting documentation, disputes any items in any invoices submitted by Contractor, TMD will place a hold on the disputed items and may pay the remaining amount of the invoice. TMD will timely notify Contractor of the dispute and request clarification or remedial action.

G. If the dispute is resolved in Contractor’s favor, TMD will pay the remaining portion of the original invoice in accordance with the Prompt Payment Act. If the dispute is resolved in TMD’s favor, Contractor must resubmit an invoice reflecting all corrections.

B.3.2 Payment Adjustment

A. TMD may elect to deduct from Contractor payment as specified in this section or any amount specified in or any money determined to be due as specified in this Contract.

B. If it is determined that the remaining amount of Contractor payment is not adequate to cover the money determined to be due to TMD, then all remaining Contractor payments will be withheld and an invoice issued to Contractor for the remaining amount due.

C. Contractor must pay the invoiced amount within 30 days of receipt unless Contractor and TMD mutually agree on an alternative payment method.

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B.3.3 Late Payment

Any amount owed to Contractor more than one day beyond the date such amount is due as described in this section will accrue interest each day that such amount is not paid at the rate specified by Tex. Gov’t Code § 2251.025, provided; however, that this provision will not excuse failure by TMD to make payment in strict accordance with this Contract.

B.3.4 Deductions for Unacceptable Compliance

If Contractor fails to comply with the terms of the Contract, TMD may withhold Contractor’s payment. If non-compliance results in TMD purchasing goods or services from another entity to remedy the non-compliance, TMD will deduct those costs from Contractor’s payment.

B.3.5 Withholding of Payment

A. TMD will have the right to withhold Contractor’s payment until the failures described below have been corrected.

1. Failure to submit reports or other documentation required in Section D—Contract Compliance Reports and Data required from Contractor;

2. Failure to comply with background check or security requirements;

3. Failure to respond to audit reports; and

4. Failure to correct identified areas of non-compliance to the satisfaction of TMD within ten days upon receipt of written notification.

B. TMD will not pay interest to Contractor for monies so withheld.

C. Contractor’s withheld payment will be released upon TMD’s satisfaction that compliance has been achieved for 30 consecutive days.

D. In the event that money is due to TMD for Contractor’s failure to provide adequate maintenance or replacement of the property as required in this Contract, the amount required for TMD to correct deficiencies and replace property will be withheld from the final payment.

E. With the exception of disputed issues, such withholding of final payment by TMD will not exceed 120 days from date of this Contract’s termination.

B.3.6 Debts and Delinquencies

TMD is prohibited from issuing any payment to a person or entity that has been reported as having an indebtedness or delinquency to the State of Texas. Contractor agrees and understands that, to the extent Contractor owes any debt or delinquent taxes to the State of Texas, TMD will apply any payments or other amounts Contractor is otherwise owed under this Contract toward the debt or delinquent taxes until the debt or delinquent taxes are paid in full. Contractor must comply with all applicable laws regarding satisfaction of debts or delinquencies to the State of Texas.

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B.3.7 Right to Offset

In the event TMD determines that Contractor owes money to TMD under any contract or purchase order, TMD, upon providing Contractor with written notice of its intent to offset, will have the right to withhold monies due to Contractor with respect to this Contract or with respect to any other contract or purchase order with TMD and apply such monies to the money due to TMD.

B.4 MANDATORY PRICING SCHEDULE

Initial Contract Term Pricing

Respondent must submit initial contract term pricing within the table below replicating, as necessary, in this exact format.

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SECTION C - STATEMENT OF WORK (SOW)

C.1 INTRODUCTION

The Texas Military Department (TMD) is seeking a certified Contractor to provide advanced or expert-level Clinical Substance Use Disorder (SUD) Treatment Training either in-person or virtually using an authorized Virtual Meeting or Training Management System such as TEAMS, for 11 TMD attendees located at Camp Mabry, Austin, TX 78703.

C.2 STATEMENT OF WORK

Background and Purpose

TMD seeks to enhance the mental wellness and resilience of its service members by providing clinical treatment for SUDs. To do this, Contractor must tailor in-depth training specific to expert-level SUD treatment as it relates to the Texas National and State Guard is essential.

A. Training Curriculum Overview Requirement

1. Contractor must develop and deliver in-depth and detailed multi-module in a multi-day live training seminar on the treatment of all SUD’s specific to the military culture and structure of the Texas National and State Guards.

2. Contractor must provide the continuing education and certificates of training completion as recognized and approved by the Texas Behavioral Health Executive Council.

3. Contractor must develop and deliver training specific to the treatment topics, scenarios and clinical cases encountered by TMD Counseling Program staff.

a. Diagnostic criteria for SUD and prevalence of specific substances misused by military populations highlighting patterns or trends of use within the Texas National and State Guards.

b. Texas National and State Guard environmental and cultural considerations contributing to substance misuse in consideration of civilian and/or mission or deployment status.

c. Review of existing SUD treatment models and modalities including efficacy of treatment utilized by the Texas National and State Guard with special consideration of service member military and civilian status.

d. Presentation, instruction, role playing and discussion of gold-standard, evidence-based SUD of therapeutic treatment protocols for the Texas National and State Guard

e. Developing effective treatment plans for outpatient treatment in consideration of civilian and military status of the Texas National and State Guard.

f. Determining treatment needs to determine clinically appropriate level-of-care in consideration of mission and scope of practice of the TMD Counseling Program.

g. Determining and facilitating referrals and resource identification in consideration of the employment, finances, access to benefits and geographic location of service members.

4. Training must be approved by the TMD Project Managers prior to the execution of training.

5. The audience of the training will consist of Texas Licensed Clinical Social Workers and

Licensed Professional Counselors who possess advanced clinical skills and experience.

6. Contractor must be equipped to deliver training to audience in-person or virtually.

7. For virtual training, the Contractor shall provide the training platform and any necessary technical support.

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8. Upon completion of training, a training certification of completion must be provided to each attendee indicating successful transmission of information needed to provide competent and successful SUD treatment for the military population.

B. Areas of Training

1. Contractor shall provide in-depth, multi-module and multi-day training content in the field of SUD training specific to the military culture of the Texas National and State Guard to include the following:

a. A comprehensive review of SUD experienced specifically by the military population.

b. A foundational review of SUD therapeutic treatment as well as treatment available in other treatment-related disciplines of care.

c. Understanding and utilizing evidence-based modalities and skills in providing SUD training in conjunction with other modalities such as Eye Movement Desensitization and Reprocessing

d. Developing precise treatment planning and goals in SUD treatment.

e. Application of advanced clinical skills utilized in SUD treatment.

2. Contractor must provide all material necessary to facilitate and implement areas of training.

C. Demonstration of proposed training and customized to TMD’s needs

1. Prior to training commencing, awarded Contractor must provide a live training demonstration to the TMD Project Managers for assessment.

2. All adjustments and revisions to the training must be equally agreeable to the Contractor and the TMD Project Managers.

3. All training sessions must be held during normal working hours, Monday – Friday, 8:00am –

5:00 PM.

Note: If Contractor must travel to Camp Mabry, travel will be at Contractor’s expense.

C.3 MINIMUM REQUIREMENTS

Contractor shall be considered an industry expert on the treatment of SUD.

A. Contractor must be certified and qualified to provide requested certified training.

B. Contractor must possess current license/s showing that the Contractor has been in business providing certified training for at least the past 5 years.

C.4 DELIVERABLES

Contractor must provide expert to advanced level Clinical Substance Use Disorder Treatment Training either in-person or virtually for 11 TMD attendees located at Camp Mabry, Austin, TX 78703.

C.5 ACCEPTANCE CRITERIA

Contractor shall be considered an industry expert on the treatment of SUD.

A. Respondent must prepare a brief demonstration to be presented via a virtual meeting setting such as TEAMS for evaluation and edits purposes.

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B. Respondent will then prepare a second brief demonstration to be presented via a virtual meeting setting such as TEAMS for final evaluation purposes.

C. Training must be tailored to meet all requirements in the SOW of this solicitation.

D. Contractor must be certified and qualified to provide requested certified training.

E. Contractor must possess current license/s showing that the Contractor has been in business providing certified training for at least the past five (5) years.

F. Contractor provide all required certifications and licenses with their response.

C.6 TMD PERSONNEL

C.6.1. TMD’s Contract Administrator

A. The Contract Administrator for the Contract is Dallas Curry-Ikner.

B. The telephone number for the Contract Administrator is 512-782-5344.

C. The email address is Procurement@military.texas.gov

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

If TMD Contract Administrator and Contractor agree to amend the Contract, TMD will issue a written Amendment or Purchase Order Change Notice (POCN).

C.6.2 TMD’s Project Manager

A. The Project Manager for the Contract is Shelley Smith.

B. The telephone number for the Project Manager is 512-782-6214.

C. The email address is Shelley.D.Smith26.nfg@army.mil

C.6.3 TMD’s Assistant Project Manager

A. The Assistant Project Manager for the Contract is Chelsea Branning.

B. The telephone number for the Project Manager is 512-782-3684.

C. The email address is Chelsea.L.Branning.nfg@army.mil

TMD’s Project Managers for the Contract are responsible for the overall management and coordination of the Contract and will act as the central point of contact for TMD. The Project Managers has full authority to act for TMD in the performance of any project connected to the Contract. The Project Managers or a designated representative will meet with the Contractor’s Project Manager to discuss problems as they occur.

mailto:Procurement@military.texas.gov mailto:Shelley.D.Smith26.nfg@army.mil mailto:Chelsea.L.Branning.nfg@army.mil

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The Project Managers are not authorized to make any representations or commitments of any kind on behalf of TMD or the State of Texas.

The Project Managers do not have the authority to alter Contractor’s obligations or to amend the Contract in any way.

C.7 INSURANCE REQUIRED UNDER THIS CONTRACT

In its response, Respondent must provide a statement of its intent to obtain and maintain for the term of the Contract (and any renewal periods or additional extensions) the minimum insurance coverage specified. Respondent should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its response. Proof of insurance and bond coverage may be provided in the form of current certificates of insurance. TMD and the State of Texas do not accept “self-insurance” coverage.

The awarded Contractor is required, within five (5) business days of Notice of Award, to provide TMD with current certificates of insurance or other proof acceptable to TMD. Failure to submit acceptable proof of insurance within such time period may result in TMD’s revocation of the award.

Contractor must maintain the required insurance during the initial term and any optional renewal period exercised. Contractor is responsible for ensuring its subcontractors’ compliance with all insurance requirements.

Minimum Required Amounts of Insurance Coverage Type of Insurance Each Occurrence/Aggregate Workers’ Compensation Statutory Limits for the State of Texas or for any state Contractor’s employee resides in Employer’s Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit

Commercial General Liability (occurrence based)

Bodily Injury and Property Damage $1,000,000 Each Occurrence Limit $2,000,000 Aggregate Limit $2,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal Injury and Advertising Liability $50,000 Damage to Premises Rented $5,000 Medical Payments

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$1,000,000 Combined Single Limit (for each accident)

Umbrella/Excess Liability $1,000,000 Per Occurrence Commercial Crime $50,000 Each Occurrence

All required insurance coverage must be issued from a company or companies with a Financial Strength Rating of “A” or better from A.M. Best Company, Inc.

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All insurance policies for required coverage must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to TMD. All required insurance contracts must: (1) be written on a primary and non-contributory basis with any other insurance coverages Respondent currently has in place; and (2) include a Waiver of Subrogation Clause.

All certificates of insurance for required coverage other than workers compensation and professional liability must name the Texas Military Department of the State of Texas and its board, officers, employees, and agents as additional insureds.

Contractor must:

A. Provide all required written documentation under this section to the Contract Administrator.

B. Ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under this Contract.

C. Ensure (and represents by executing a Contract) that all required policies contain endorsements prohibiting cancellation except upon at least 30 days’ advanced written notice to TMD. The certificates of insurance must be addressed to the Texas Military Department of the State of Texas as the certificate holder.

D. Deliver all copies of changes to insurance coverage (including extensions, renewals, cancellations, and revisions) at least ten calendar days prior to any expiration of a required policy. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

E. Ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include Contractor’s obligations under the Contract.

F. Obtain and maintain insurance policies that provide coverage for Contractor’s principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under this Contract.

C.8 REFERENCES & PAST PROJECT PERFORMANCE

A. Respondents must identify and provide the attached References & Past Project Performance Sheet, Attachment G.5 with your response.

B. Respondents must include a minimum of three (3) past or current projects of similar size and complexity performed within the past five (5) years.

C. Respondents must provide, at a minimum, the contact name, email address, phone number, and title for each reference provided.

Respondent must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

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SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

Contractor must submit the reports and all additional Contractor documentation requirements in this section during the course of this Contract. These deliverables may be revised or additional deliverables may be required at TMD’s sole discretion.

FREQUENCY DUE DATE REPORT ITEM AUTHORITY TMD PERSONNEL TO RECEIVE

REPORT

Upon Completion

Upon Completion

Invoicing – Specific to the Contract

IFB Section B.2

Payables@military.texas.gov with a copy to TMDs Contract Administrator and Project Managers

Upon Completion

Upon Completion

Training Certifications

IFB Section C.2 Project Managers mailto:Payables@military.texas.gov

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SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 RESPONSE PREPARATION INSTRUCTIONS

Purpose of Instructions

A. These instructions are designed to assure the submission of information essential to the understanding and the comprehensive evaluation of Respondent’s response.

B. Respondents must be available 24 hours a day, seven (7) days a week to provide clarification responses or attend requested meetings or demonstrations throughout the solicitation evaluation phase.

C. Responses must be prepared in accordance with these instructions providing all required information in the format specified.

D. Failure of responses, not complying with these instructions and submitting all documentation may be grounds for disqualification of the response from further consideration unless stated otherwise within this solicitation.

Submission of responses

A. Responses will be typed or printed using a sans serif 12-point font (such as Arial or Calibri) on standard letter paper (8-1/2” x 11”) (except for graphic information being requested). Respondent’s response must be paginated, contain a full table of contents, and have component sections clearly identified by tabs (hard copy) or bookmarks (electronic).

B. Responses must be received by TMD no later than the deadline established and submitted to:

Texas Military Department (TMD) Procurement and Contract Services Procurement@military.texas.gov Subject: Solicitation No. TMD26-MH-0043346

C. Respondents must ensure that its response is clearly labeled on the outside of the package(s). If a delivery service is used that prohibits such markings on the outside of the package, this information must be placed in plain view on the outside of an interior envelope or package.

D. Respondents must submit only material directly pertinent to the requirements of this solicitation. Extraneous narrative, elaborate brochures, uninformative public relations material, including Respondent’s policies, procedures, and post orders for which no deviation to TMD Policy is being requested, and other similar documents will not be submitted.

E. Respondents must prepare a brief demonstration to be presented via a virtual meeting setting such as TEAMS for evaluation and editing purposes.

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F. Respondents must prepare a second brief demonstration to be presented via a virtual meeting setting such as TEAMS for final evaluation purposes.

G. Respondents must submit only material directly pertinent to the requirements of this solicitation. Extraneous narrative, elaborate brochures, uninformative public relations material, including Respondent’s policies, procedures, and post orders for which no deviation to TMD Policy is being requested, and other similar documents will not be submitted.

E.2 AMENDMENTS TO THE SOLICITATION

A. If this solicitation is amended, all terms and conditions, which are not modified, remain unchanged.

B. Respondents must acknowledge receipt of all amendments to this solicitation by signing and returning the amendment(s), identifying the amendment number and date in the space provided for this purpose on the form for submitting a response or by letter.

C. Respondents must submit the acknowledgement to TMD by the time specified for receipt of responses.

D. Failure to acknowledge amendment(s) by Respondent may subject its response to rejection.

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

A. Any response received after the specified date and time will not be considered.

B. Responses cannot be altered, amended or modified by email, fax or otherwise after closing date and time.

C. Alterations made before closing time will be initialed by Respondent or its authorized representative.

D. No responses can be withdrawn after closing date and time without approval by TMD.

Should a Respondent, after closing time, request its response be withdrawn, the request must be made in writing.

E. TMD is not responsible for submissions delivered to TMD after the date and time stated on the first page of this solicitation. This includes delays associated with courier delivery services. It is the Respondent’s responsibility to ensure response is submitted prior to the due date and time as stated on the Page 1 of this solicitation.

F. TMD takes no responsibility for electronic responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any TMD anti-virus or other security software.

OGC Approved X/XX/2021 Page 19 of 28

E.4 SIGNATURES ON RESPONSE SUBMITTED

A. Responses from a partnership will be signed in the firm name by at least one (1) general partner or in the firm name by an attorney-in-fact.

B. Responses signed by an attorney-in-fact, will include a Power of Attorney evidencing the authority to sign response, dated and executed by all partners in the firm.

C. Responses from a corporation will have the correct legal corporate name and the signature of an authorized officer of the corporation.

D. The title of office held by the person signing for the corporation will appear below the signature of the officer.

E. Responses from an individual doing business under a firm or fictitious name will be signed in the same name of the individual doing business under the proper firm name.

F. Joint venture responses will be signed by all members or by a member of the joint venture if there is attached to the response a copy of the joint venture agreement providing evidence that the response is signed by the member with authority to bind the joint venture.

E.5 RESPONSE ACCEPTANCE PERIOD

A. All responses will be valid for 120 days after the solicitation opening date and will constitute an irrevocable response to TMD for the 120-day period.

B. Such period may be extended beyond the 120 days upon mutual written agreement of both parties.

E.6 CONTRACT AWARD

A. TMD may award one (1) Contract resulting from this solicitation to the responsible Respondent, whose response, meeting or exceeding specifications and will be most advantageous to TMD, cost or price and other factors, specified elsewhere in this solicitation, will be considered.

B. A written award or acceptance of Response mailed or otherwise furnished to successful Respondent within the time for acceptance specified in the response will result in a binding contract without further action by either party.

E.7 TMD’S RIGHTS

A. TMD reserves the right to waive, change, add, or delete any terms or conditions of this solicitation.

B. TMD may:

1. reject any or all responses if such action is in the public interest;

2. accept other than the lowest priced response; and

OGC Approved X/XX/2021 Page 20 of 28

3. waive minor informalities and minor irregularities in responses received.

C. Waiver of deviations in any response will not constitute a modification of this solicitation and will not preclude TMD from asserting all rights against Respondent for failure to fully comply with all terms and conditions of this solicitation. Copyrighted responses are unacceptable and are subject to disqualification as non-responsive. TMD reserves the right to make any corrections or include additional requirements in the resulting contract prior to issuance which are necessary for TMD’s compliance, as an agency of the State of Texas, with all state and federal requirements. TMD reserves the right to disqualify any response which asserts any copyright on any TMD-created form which is specifically designated by this solicitation to be a form that will be completed and included in a response submitted in response to this solicitation.

D. TMD reserves the right to reject any response submitted in response to this solicitation.

E. The submission of a response has the effect of waiving proprietary rights or confidentiality.

F. All responses and any content provided by the Respondent are considered the property of TMD for use for the life of any resulting contract as determined by TMD with respect to the scope of the project.

G. TMD reserves the right to use its benefit ideas contained in the responses submitted.

H. TMD is not liable for any costs or damages that may be incurred by respondents or prospective contractors in the preparation, formulation, or presentation of a response.

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

J. Upon review of responses, TMD may select the Respondent’s response(s) most advantageous to TMD, in its judgment, with whom to negotiate a final definitive contract(s).

K. Such determination will be solely at the discretion of TMD. All representations made by TMD are subject to the availability of legislative appropriations and do not represent an obligation on the part of the State of Texas, or TMD.

L. TMD reserves the right to withdraw this solicitation at any time for any reason.

M. TMD reserves the right to award no contract and to solicit additional responses at a later time.

N. TMD incurs no obligation regarding this solicitation unless and until a contract is fully executed by the parties. However, all responses received by TMD will remain confidential until the evaluation process is complete.

O. TMD will not hold a public response closing event.

OGC Approved X/XX/2021 Page 21 of 28

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Volume One – Contract Forms and Required Response Information

This section will contain the following completed contract sections (on original forms) with original signatures, where applicable:

A. Solicitation, Page 1 (with amendment(s) noted on this page or signed amendment(s) attached to this form);

B. Company information sheet;

C. The name and address of Respondent’s insurance carrier(s), along with a statement of liability from the carrier(s) issuing the policies saying that such policies are available to Respondent. For the purpose of responding to this solicitation, Respondent will not be required to purchase insurance, but must show the ability to provide such insurance as specified in the section entitled “Insurance Requirements,” if Respondent’s response is selected.

D. A Redacted Solicitation and Contract response if applicable;

E. ATTACHMENT G.1 Direct Deposit Authorization Form 74-176 (Rev.9-2121) completed if choosing direct deposit as a possible payment option;

F. ATTACHMENT G.2 Application for Texas Identification Number # AP-152;

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

E.8.2 Volume Two – Information Section

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

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

C. Information Sheet: Including all information required of Respondent and any subcontractors.

1. Name and address (including telephone number) of Respondent and all subcontractors.

2. Business form of Respondent and its subcontractors (e.g., corporation, partnership).

3. Date and state of incorporation.

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

5. A résumé of key personnel who will be providing services in any resulting contract, both Respondent and subcontractor employees. These résumés should include the

OGC Approved X/XX/2021 Page 22 of 28 percentage of time each person will dedicate to any resulting contract. The response will include key project personnel as follows:

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

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

1) Name

2) Title (current)

3) Education

4) Experience related to projects the staff members were directly involved in:

5) Project(s) Scope

a) Role

b) Related specific technical qualification experience

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

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

C. Respondents must identify and provide a minimum of three (3) references relating to past contracts or projects that are similar in size and scope. Respondents must provide, at a minimum, the name, email address, phone number, and title for each reference provided. Additionally, Respondents must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

D. Organizational, biographical, and Financial Rating information for the Respondent and all third-party / subcontractors proposed to fulfill service requirements.

E. Project Schedule and Plan: A plan detailing how Respondent must have fully implemented the services no later than MM/DD/20YY and subsequently provide support of these services.

F. Respondent must specifically address, within its response, the following requests for information as detailed throughout this solicitation. TMD has endeavored to include a complete listing of such submittal requests; however, in the event TMD omitted a requirement, Respondent is responsible for ensuring that all such information is included within its response.

1. B.2 Mandatory Pricing Schedule, Attachment G.4

2. C.3, Minimum Requirements:

a. Certified training certificates

b. License to do business in Texas

3. C.7, Insurance

4. C.8, References & Past Project Performance Sheet, Attachment G.5

5. All required submittals under Section E.8.1, Contract Forms and Required response Information and Section E.8.2, Information Section.

OGC Approved X/XX/2021 Page 23 of 28

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

H. Electronic and Information Resources (EIR) Accessibility. Respondent must provide documentation of the voluntary product accessibility template (VPAT) (https://www.section508.gov/content/sell/vpat) (including accessibility conformance reports or vendor accessibility development services questionnaire as applicable) and Section 508 and EIR compliance for all components of the proposed goods or services.

See Tex. Gov’t Code Chapter 2054, Subchapter M; 1 Tex. Admin. Code Chapter 213;

and 1 Tex. Admin. Code Chapter 206; and WCAG 2.0 AA (current and as subsequently amended). VPAT is a vendor-generated statement (using the required template) that provides relevant information on how a vendor’s product or service claims to conform to the Section 508 Standards.

I. Business Continuity and Disaster Recovery Plan. Respondent must submit, with its response, descriptions of its business continuity and disaster recovery plan and processes. If TMD awards a Contract under this solicitation, Contractor must submit, within ten days from Contract award, its plans regarding how Respondent will protect TMD’s vital state records throughout the life of the Contract and for any record retention period required beyond the life of the Contract. The plans must include specific actions Contractor will take to meet TMD’s essential function recovery times and the related artifacts for the methodologies, tests, and exercises used to validate its business continuity and disaster recovery plan. TMD may reasonably require Contractor to amend its business continuity and disaster recovery plan (based on TMD’s dependence or necessity on the particular good or service).

J. Assumptions. No assumptions should be included in a response. All issues or questions that might be advanced or addressed by way of assumption should be submitted to TMD. The inclusion of assumptions in a proposal may result in a Respondent not being awarded a contract.

K. Exceptions. No exceptions should be included in a response. Respondent is encouraged, in lieu of including exceptions in its response, to address all issues that might be advanced by way of exception by submitting questions to TMD during the question-and-answer period. Respondent must identify any exception it takes to the solicitation for which it requests approval.

For every instance where Respondent does not propose to comply or agree to a requirement or term in this solicitation, Respondent must clearly identify the specific section and language to which it takes exception, propose specific alternative language, and describe its reasoning for requesting the exception. Respondent must provide this information in the format prescribed by TMD. Respondent waives a requested exception if the exception deviates in any way from these requirements or the specific exception is not submitted with Respondent’s response. TMD will not https://www.section508.gov/content/sell/vpat http://www.w3.org/TR/WCAG20/

OGC Approved X/XX/2021 Page 24 of 28 consider any exception that does not meet these requirements, and the exception will be rejected without consideration.

A Respondent that takes any exceptions may result in its response being disqualified and deemed non-responsive to the solicitation. In this event, TMD will remove Respondent’s response from further consideration. Additionally, TMD is prohibited by law from accepting certain exceptions, such as indemnifying vendors. This is another reason why TMD strongly discourages Respondents from submitting exceptions.

If Respondent agrees to the terms of this solicitation in its entirety, Respondent should explicitly state that it takes no exceptions.

E.8.3 Volume Three – Cost and Pricing Response

Respondent must provide updated pricing schedules in the exact format noted in this solicitation.

NOTE: Respondent may offer alternate or additional services, but must provide such offered services within the same format as detailed in this solicitation.

E.9 DEMONSTRATIONS

Respondents must provide a product or service demonstration via virtual meeting software such as TEAMS.

E.10 DISCUSSION AND CORRESPONDENCE

A. All communications and questions concerning this solicitation, including any of a technical nature, will be made in writing only to:

Ronald Bullock, CTCD, CTCM, Contract Administrator Email: Procurement@military.texas.gov

B. Written responses to the questions will then be posted on ESBD through TMD’s Procurement and Contract Services.

C. Respondents should rely only on the written information provided in this manner.

Respondents are specifically cautioned against relying on any oral information.

D. All Respondents…