OFFICE OF COURT ADMINISTRATION &

JUDICIAL BRANCH CERTIFICATION COMMISSION

REQUEST FOR PROPOSALS FOR PSYCHOMETRIC

ANALYSES, TECHNICAL GUIDANCE, AND

DOCUMENTATION FOR DEVELOPMENT OF

EXAMINATIONS ADMINISTERED BY THE JUDICIAL

BRANCH CERTIFICATION COMMISSION

RFP # 212-27-0015

NIGP Class-Item Codes: 924-20

NOTE: Any Addendum that adds new language or replaces any language within this solicitation controls over the original version. It is the responsibility of all prospective Respondents to routinely check the Electronic State Business Daily (ESBD) during the posting period for this solicitation for any Addenda that may be posted. OCA will not make any other announcements regarding Addenda after the publication of this solicitation.

OFFICE OF COURT ADMINISTRATION (OCA)

RFP #212-27-0015 Page 2 of 21

Contents

SECTION I: GENERAL

1.1 SCOPE

1.2 SERVICE PERIOD

1.3 COMPENSATION

1.4 OVERVIEW OF FSC AND OCA

SECTION II: STATEMENT OF WORK

2.1 BACKGROUND

2.2 SERVICES

SECTION Ill: PROPOSAL INFORMATION

3.1 SCHEDULE OF EVENTS

3.2 REVISIONS TO SCHEDULE

3.3 PROPOSAL REQUIREMENTS

3.4 INQUIRIES

3.5 PROPOSAL SUBMISSION

3.6 DELIVERY OF PROPOSALS

3.7 PROPOSAL EVALUATION AND AWARD

3.8 RESERVATION OF RIGHTS

SECTION IV: GENERAL TERMS AND CONDITIONS

4.1 OFFER AND ACCEPTANCE

4.2 CONTRACT DOCUMENTS

4.3 STANDARDS OF SERVICES

4.4 INVOICES

4.5 PAYMENTS

4.6 TERMINATION

4.7 PUBLIC ACCESS TO RECORDS

4.8 CONFIDENTIALITY

4.9 INSURANCE AND OTHER SECURITY

4.10 INDEMNIFICATION

4.11 DISPUTE RESOLUTION

4.12 AMENDMENTS

4.13 GOVERNING LAW AND VENUE

4.14 STRICT COMPLIANCE

4.15 ASSIGNMENT

4.16 PARTIALLY COMPLETED WORK

4.17 FEDERAL, STATE, AND LOCAL REQUIREMENTS

4.18 SEVERABILITY CLAUSE

4.19 APPLICABLE LAW AND CONFORMING AMENDMENTS

4.20 NO WAIVER

RFP #212-27-0015 Page 3 of 21

4.21 NO LIABILITY UPON TERMINATION

4.22 INDEPENDENT CONTRACTOR

4.23 LIMITATION ON AUTHORITY

4.24 SUPPORTING DOCUMENTS

4.25 ACCESS TO RECORDS

4.26 FELONY CRIMINAL CONVICTIONS

4.27 NOTICES

4.28 DEBTS OR DELINQUENCIES TO STATE

4.29 CONTRACTS FOR SERVICES

4.30 POLICY COMPLIANCE

4.31 FORCE MAJEURE

4.32 DEFAULT

4.33 NO CONFLICTS; DEALINGS WITH PUBLIC SERVANTS AFFIRMATION

4.34 FALSE STATEMENTS; BREACH OF REPRESENTATIONS

4.35 ANTITRUST AFFIRMATION

4.36 CHILD SUPPORT OBLIGATION AFFIRMATION

4.37 DISASTER RECOVERY PLAN

4.38 EXCESS OBLIGATIONS PROHIBITED

4.39 EXCLUDED PARTIES

4.40 FOREIGN TERRORIST ORGANIZATIONS

4.41 SUSPENSION AND DEBARMENT

4.42 TERMS AND CONDITIONS ATTACHED TO RESPONSE

4.43 BUY TEXAS AFFIRMATION

4.44 COVID-19 VACCINE PASSPORT PROHIBITION

4.45 TEXAS BIDDER AFFIRMATION

4.46 PRIOR DISASTER RELIEF CONTRACT VIOLATION

4.47 HUMAN TRAFFICKING PROHIBITION

4.48 ENERGY COMPANY BOYCOTTS

4.49 ENTITIES THAT BOYCOTT ISRAEL

4.50 FIREARM ENTITIES AND TRADE ASSOCIATIONS

4.51 SIGNATURE AUTHORITY

SECTION V: REQUIRED ATTACHMENT

A. EXECUTION OF PROPOSAL

RFP #212-27-0015 Page 4 of 21

SECTION I: GENERAL

1.1 SCOPE.

The Texas Office of Court Administration (OCA), on behalf of the Judicial Branch Certification Commission (JBCC), seeks proposals to develop and/or update examinations that are or are to be administered by the JBCC, including psychometric evaluation, technical guidance, item review, and exam administration.

The JBCC is responsible for licensing and regulation of four professions which serve the courts in Texas: Court Reporters, Court Interpreters, Guardians, and Process Servers.

The JBCC anticipates administering an examination assessing general professional knowledge for Process Servers. To develop a relevant, valid examination, the JBCC seeks a qualified entity to review and exam specifications, develop item content, set standards, conduct psychometric analyses, and collaborate, as may be appropriate, with subject matter expert groups for each exam topic.

1.2 SERVICE PERIOD.

The services rendered under the contract shall begin on September 1, 2026, or soon thereafter and shall end 2027. The service may be extended up to one (1) additional period, by a written Purchase Order Change Notice (POCN).

1.3 COMPENSATION.

JBCC plans to award a contract with deliverables and milestones. The selected provider will receive compensation by negotiated cost schedule after OCA accepts each completed deliverable via email.

1.4 OVERVIEW OF OCA AND JBCC.

OCA is established by the Texas Government Code Chapter 72. FSC is established by the Texas Government Code Chapter 152.

Further information regarding JBCC and its operations can be found at JBCC’s Web site:www.txcourts.gov/jbcc.

http://www.txcourts.gov/jbcc

RFP #212-27-0015 Page 5 of 21

SECTION II: STATEMENT OF WORK

2.1 BACKGROUND.

The JBCC is responsible for regulating a variety of professions, including process servers.

The JBCC anticipates being directed to administer a certification examination for prospective process servers as a prerequisite to initial licensure, as well as to current licensees as a prerequisite to renewal. This examination should be of a length adequate to determine the level of understanding of the test-taker of the various rules and statutes governing the profession. Knowledge should be tested across the following sources:

Certified Process Server Code of Ethics, and the Standardized Process Server Certification Curriculum, as well as selected, relevant provisions of the Rules of the Judicial Branch Certification Commission, the Texas Rules of Civil Procedure, Texas Civil Practice and Remedies Code, and Business Organizations Code. To ensure development of a valid, relevant examination that is able to be used as a licensing tool, the JBCC seeks a qualified vendor to (1) review and update exam specification; (2) revise item content;

(3) set standards; (4) conduct psychometric analyses, and (5) collaborate with volunteer subject matter expert groups for each exam topic.

2.2 SERVICES.

Services shall include, without limitation, those specified in this RFP. Services set forth that include the words "must" or "shall" are mandatory and must be provided as specified with no alteration, modification, or exception. Services set forth that include the words "may" or "can" allow Respondents to offer alternatives to the manner in which the services are provided.

• Statistical Evaluation

• Content Alignment

• Virtual Item Writing Training

• Item Writing Evaluation

• Facilitated Review of Items

• Alignment Review for Content and Bias

• Final Edits for Style, Grammar

• Form Construction

• Creation of new Test Form

• Administration, Analysis and Scoring Evaluation of new Test Form

• Standard Setting and Score Reporting of new Test Form

RFP #212-27-0015 Page 6 of 21

SECTION Ill: PROPOSAL INFORMATION

3.1 SCHEDULE OF EVENTS.

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

EVENT DATE TIME

(Central)

Issuance of Solicitation 07/23/2026 N/A

Deadline for Questions 07/30/2026 2:00 p.m.

OCA Response to Questions 8/5/2026 5:00 p.m.

Deadline for Submission of Proposals 8/12/2026 2:00 p.m.

Proposal Evaluation 8/15/2026 N/A

Expected Contract Start Date 8/26/2026 or soon thereafter

N/A

3.2 REVISIONS TO SCHEDULE.

OCA reserves the right to change the dates in the Schedule of Events. OCA will publish any revisions to the schedule to the Electronic State Business Daily (ESBD).

3.3 PROPOSAL REQUIREMENTS.

(a) Submissions. Respondents shall submit one electronic copy of the Proposal and one electronic copy of a separate pricing sheet. The electronic copies must be formatted as searchable PDF tiles. The electronic copies may not contain video. Submission pages must be numbered and contain an organized, paginated table of contents corresponding to the section of the Statement of Work. Respondent shall provide a detailed narrative response to show how the Respondent intends to meet the requirements of the project.

(b) Costs. Respondents to this RFP are responsible for all costs of Proposal preparation.

(c) Copyrights. If Respondent submits a Proposal that includes copyrighted material, it must specify the material by display of a copyright symbol. Proposals may be subject to disclosure under Rule 12 of the Texas Rules of Judicial Administration. This disclosure may only occur after evaluation of all Proposals and an award has been made. OCA will

RFP #212-27-0015 Page 7 of 21 seek to withhold all materials designated as confidential or clearly designated as protected by copyright. However, if a person requesting information appeals a decision to withhold it, the decision on whether the information may be withheld will be made by a special committee of judges - not OCA. Therefore, Respondents are cautioned: all information and material included in a proposal may be subject to disclosure.

(d) Contents. Listed below is a summary of information required to be included in a Proposal responding to this RFP. OCA reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

1) 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, facsimile number, and e-mall address of Respondent's primary contact.

2) Experience and Qualifications. Respondent should detail experience and qualifications for the Services, in a format such as a cover letter, résumés, curricula vitae, description of prior work, or references.

3) Proposed Plan. Vendors must submit a comprehensive proposal covering all required services for approval by the Office of Court Administration and the Judicial Branch Certification Commission. The proposal should outline specific activities, associated costs, and necessary resources. It must include a clear description of the vendor’s capability to deliver the services, including relevant process, functional, and technical expertise, and a summary of the approach for analyzing, validating, documenting, and completing all deliverables.

4) Statement of Objectivity. No OCA employee may have a direct interest in the proceeds of a contract resulting from this. Under Section 2155.004, Government Code, the respondent certifies that the individual or business entity named in a Proposal is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

5) Antitrust Certification. Each respondent will certify on the attached form compliance with the antitrust laws codified in Chapter 15, Business & Commerce Code and that the respondent did not disclose the contents of the response to a competitor in the same line of business.

6) Ineligibility for Certain Federal Offenses arising from Contracts for Disaster Relief. Under Sections 2155.006 and 2261.053, Government Code, the respondent certifies that the individual or business entity named in a Proposal is not ineligible to

RFP #212-27-0015 Page 8 of 21 be awarded the contract and acknowledges that the contract, if awarded, may be terminated and payment withheld if this certification is inaccurate.

7) Execution of Proposal, Attachment A. OCA will reject proposals without an Execution of Proposal (included as an attachment to this RFP) signed by a person with authority to bind the Respondent to a contract.

3.4 INQUIRIES.

Any inquiries shall be submitted in writing to Darryl Gaona at purchasing@txcourts.gov, with a carbon copy (cc:) to: darryl.gaona@txcourts.gov, by the deadline specified in the Schedule of Events in Section 3.1.

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.

3.5 PROPOSAL SUBMISSION.

All Proposals shall be received at OCA prior to 5:00 p.m. CDT, on the date specified for submissions in the Schedule of Events in Section 3.1. Respondent should obtain a timestamp on proposals received on the deadline date. OCA will reject late submittals.

3.6 DELIVERY OF PROPOSALS.

Proposals shall be submitted to OCA by email to purchasing@txcourts.gov and cc:

darryl.gaona@txcourts.gov, with the RFP number 212-27-0015 in the subject line.

3.7 PROPOSAL EVALUATION AND AWARD.

In accordance with Texas Government Code Sections 2155.063, 2155.074 and 2155.075, governing the procurement of goods and services OCA shall select a Contractor and award a contract on the basis of the best value for the state.

The evaluation criteria include the following:

1. Experience in providing the listed Services: 60%

2. Cost: 40%.

In evaluating Proposals to determine the best value for the State, OCA will consider information related to past contract performance of a Respondent, including, but not mailto:purchasing@txcourts.gov, mailto:darryl.gaona@txcourts.gov mailto:purchasing@txcourts.gov mailto:darryl.gaona@txcourts.gov

RFP #212-27-0015 Page 9 of 21 limited to, Texas Comptroller of Public Accounts Vendor Performance Tracking System (available at VPTS Search (txsmartbuy.gov)).

3.8 RESERVATION OF RIGHTS.

OCA reserves the right to reject any and all proposals, or to re-solicit or cancel this RFP, if such action is deemed in the best interests of the State of Texas and OCA.

3.9 HUB SUBCONTRACTING PLAN.

A subcontracting plan is required for state of Texas contracts when the contracting agency has determined that subcontracting opportunities are probable with prospective vendors certified by the Texas Comptroller through the Veteran Heroes United in Business (VetHUB) program, for a contract with an expected value of $100,000 or more.

(Texas Government Code Chapter 2161, Subchapter F; 34 Texas Administrative Code Section 20.285.) When a state agency requires a subcontracting plan as part of the contract solicitation, a bid, proposal, offer or other applicable expression of interest must contain a completed plan to be considered responsive. For this solicitation, OCA has determined that there are no probable VetHUB opportunities.

SECTION IV: GENERAL TERMS AND

CONDITIONS

4.1 OFFER AND ACCEPTANCE.

A proposal submitted in response to this RFP is an offer to contract based upon the terms, conditions, and specifications contained herein. The offer is accepted by OCA and becomes a contract when a purchase order is executed. The selected Respondent shall be referred to as the Contractor.

4.2 CONTRACT DOCUMENTS.

The contract documents will consist of the following:

a) The executed purchase order;

b) Any written Addenda or Amendments;

c) The RFP (including the General Terms and Conditions, attachments, appendices, and exhibits); and

d) Respondent’s proposal.

https://www.txsmartbuy.com/vpts

RFP #212-27-0015 Page 10 of 21

The contract documents are incorporated in the Contract for all purposes and contain the entire agreement between the Contractor and OCA In the event of a conflict between the documents listed in this paragraph, the documents will control in the order of precedence listed above beginning with (a), then (b), then (c), then (d), then (e), then (f). In the event and to the extent any provisions in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded the earlier provisions. Any modification, alteration, or waiver of any term, covenant, or condition of the Contract and any attachments must be in writing and executed by OCA and the Contractor.

4.3 STANDARDS OF SERVICES.

Contractor shall provide all of the above services and all reasonably related services in accordance with applicable professional standards of a Contractor providing such services. Contractor represents and warrants that it has the requisite qualifications, experience, personnel and other resources to perform in the manner required by this Contract.

4.4 INVOICES.

Contractor shall submit invoices to accounting@txcourts.gov upon completion and acceptance by JBCC of work outlined in the Proposal. Contractor shall submit invoices within 30 days after Contractor provision and OCA acceptance of services. Invoices must include at a minimum the following elements: invoice number, invoice date, vendor address and phone number or email address, remittance information, vendor EIN, item description and PO line-item reference if applicable, service date, and quantity, unit, unit price and extended price for any invoiced items.

4.5 PAYMENTS

OCA will pay the Contractor 30 days after the later of: the date the performance and acceptance of the services under this contract are complete; or the date OCA receives a correct invoice from Contractor.

4.6 TERMINATION.

Provisions herein regarding confidentiality, indemnification, transition, records, right to audit and independent audit, property rights, dispute resolution, invoice and fees verification, and default shall survive the termination or expiration dates of the Contract.

By providing thirty (30) days' written notice to Contractor by certified mail, return receipt requested or by facsimile, OCA may terminate the contract within OCA's sole discretion.

mailto:accounting@txcourts.gov

RFP #212-27-0015 Page 11 of 21

4.7 PUBLIC ACCESS TO RECORDS.

Although OCA is not subject to the Texas Public Information Act, all RFP and contract documents and information, and any report, analysis or data generated as a result of the contract services may be subject to public disclosure under Rule 12 of the Texas Rules of Judicial Administration. Contractor will notify OCA's Program Manager within twenty-four (24) hours after receiving a third-party's request for information relating to work on the Contract. Contractor agrees to maintain the security of the examination and agrees to refrain from releasing any information arising from the contract without the knowledge and consent of OCA.

4.8 CONFIDENTIALITY.

Contractor agrees to maintain and shall execute a confidentiality agreement safeguarding the confidentiality of information received from the State of Texas during the performance of this Contract, including but not limited to personal information such as social security numbers.

4.9 INSURANCE AND OTHER SECURITY.

Within five business days after executing the contract, Contractor must provide OCA with current certificates of insurance or other proof acceptable to OCA of Standard Worker’s Compensation Insurance and Commercial General Liability or Professional Insurance.

The coverage for Worker’s Compensation insurance shall meet applicable statutory minimums. Coverage for Commercial General Liability or Professional Insurance shall be at least $1,000,000 in aggregate and $500,000 per occurrence.

All such coverage shall be with companies licensed in the state of Texas, with "A" rating from Best, and authorized to provide the corresponding coverage. All policies shall contain endorsements prohibiting cancellation except upon at least thirty (30) days prior written notice to OCA Contractor shall maintain the above insurance coverage during the term of this Contract and shall provide OCA with an executed copy of the policies immediately upon request.

4.10 INDEMNIFICATION.

Contractor shall defend, indemnify, and hold harmless the State of Texas and its officers and employees, and OCA, including JBCC, and its officers, employees and contractors from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Contractor or any agent, employee, subcontractor, or supplier of Contractor in the

RFP #212-27-0015 Page 12 of 21 execution or performance of the Contract. Contractor shall coordinate its defense with the Texas Attorney General's office as requested by OCA. This paragraph is not intended to and shall not be construed to require contractor to Indemnify or hold harmless the State or OCA for any claims or liability resulting from the negligent acts or omissions of OCA or its employees.

4.11 DISPUTE RESOLUTION.

Disputes arising under the contract shall be resolved in accordance with the dispute resolution process provided in Chapter 2260 of the Texas Government Code.

4.12 AMENDMENTS.

The Contract may be amended only upon written agreement between OCA and Contractor; however, any amendment of this Contract that conflicts with the laws of the State of Texas shall be void ab initio.

4.13 GOVERNING LAW AND VENUE.

The contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to OCA and JBCC.

4.14 STRICT COMPLIANCE.

Time is of the essence in the performance of the Contract. Contractor shall strictly comply with all of the contract deadlines, requirements, and Standards of Performance.

4.15 ASSIGNMENT.

Contractor may not assign the contract or assign, transfer or delegate, in whole or in part, any of its interest in, or rights or obligations under, the contract without the prior written consent of OCA and JBCC, and any attempted or purported assignment, transfer or delegation thereof without such consent shall be null and void.

4.16 PARTIALLY COMPLETED WORK.

Within one calendar day after termination of this Contract, or at OCA's request, Contractor shall deliver to OCA all completed, or partially completed, work and any and all documentation or other products and results of these services. Failure to timely deliver

RFP #212-27-0015 Page 13 of 21 such work or any and all documentation or other products and results of the services shall be considered a material breach of the Contract.

4.17 FEDERAL, STATE, AND LOCAL REQUIREMENTS.

Contractor shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common-law employees. Contractor is responsible for both federal and State unemployment insurance coverage and standard worker's compensation insurance coverage. Contractor shall comply with all federal and State tax laws and withholding requirements. The State of Texas shall not be liable to Contractor or its employees for any unemployment or workers' compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the State of Texas and shall pay all costs, penalties, or losses resulting from Contractor's omission or breach of this Section.

4.18 SEVERABILITY CLAUSE.

In the event that any provision of the Contract is later determined to be invalid, void, or unenforceable, then its remaining terms, provisions, covenants, and conditions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

4.19 APPLICABLE LAW AND CONFORMING AMENDMENTS.

Contractor must comply with all current and amended laws, regulations, requirements and guidelines applicable to a Contractor providing services to the State of Texas throughout the term of the Contract. OCA reserves the right, in its sole discretion, to unilaterally amend the Contract throughout its term to incorporate any modifications necessary for OCA's or Contractor's compliance with all applicable State and federal laws and regulations.

4.20 NO WAIVER.

Nothing in the Contract shall be construed as a waiver of the state's sovereign or governmental immunity. The Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under the Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. OCA, including JBCC, does not waive any privileges, rights, defenses, or immunities available to OCA by

RFP #212-27-0015 Page 14 of 21 entering into the Contract or by its conduct, prior to or subsequent to entering into the Contract.

4.21 NO LIABILITY UPON TERMINATION.

If the Contract is terminated for any reason, OCA, JBCC and the State of Texas shall not be liable to Contractor for any damages, claims, losses, or any other amounts arising from or related to any such termination. However, Contractor may be entitled to the remedies provided in Government Code Chapter 2260.

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4.22 INDEPENDENT CONTRACTOR.

Contractor or Contractor's employees, representatives, agents and any subcontractors shall serve as an independent contractor in providing services under this Contract and shall be responsible for its business expenses. Contractor's or Contractor's employees, representatives, agents and any subcontractors shall not be employees or agents of the State of Texas and shall not be entitled to benefits of state employment such as retirement or leave benefits. Should Contractor subcontract any of the services required in this Contract, OCA and JBCC are in no manner liable to any subcontract(s) of Contractor.

4.23 LIMITATION ON AUTHORITY.

Contractor shall have no authority to act for or on behalf of OCA, JBCC or the State of Texas except as expressly provided for in this Contract; no other authority, power or use is granted or implied. Contractor may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of the State of Texas, OCA or JBCC.

4.24 SUPPORTING DOCUMENTS.

Contractor shall maintain and retain supporting fiscal and any other documents relevant to showing that any payments under the Contract were expended in accordance with the laws and regulations of the State of Texas, including but not limited to, requirements of the Comptroller of the State of Texas and the State Auditor. Contractor shall maintain all such documents and other records relating to this Contract and the State's property for a period of seven (7) years after the date of submission of the final invoices or until a resolution of all billing questions, whichever is later. Contractor shall make available at reasonable times and upon reasonable notice, and for reasonable periods, all documents and other information related to this Contract. Contractor and any subcontractors shall provide the State Auditor with any information that the State Auditor deems relevant to any investigation or audit.

4.25 ACCESS TO RECORDS.

Contractor shall cooperate with any authorized agents of the State of Texas and shall provide them with prompt access to all of such State's work as requested. Contractor's failure to comply with this Section shall constitute a material breach of the Contract and shall authorize OCA and the State of Texas to immediately assess appropriate damages for such failure. The acceptance of funds by Contractor or any other entity or person directly under the Contract, or indirectly through a subcontract under the Contract, shall constitute acceptance of the authority of the State Auditor, Comptroller or other agency of the State of Texas to conduct an audit or investigation in connection with those funds.

RFP #212-27-0015 Page 16 of 21

Contractor shall ensure that this paragraph concerning the State's authority to audit funds received indirectly by subcontractors though Contractor and the requirement to cooperate, is included in any subcontract it awards. Furthermore, 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.

4.26 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 that are assigned to or associated with this project.

4.27 NOTICES.

Any written notices required under this Contract will be by either hand delivery, email, or by U.S. Mail, certified, return receipt requested, and is effective on receipt by the affected party. The address for Contractor will be the address on the Proposal. The address for OCA is specified in Section Ill of this RFP. Either party may change its designated notice address by written notification to the other party.

4.28 DEBTS OR DELINQUENCIES TO STATE.

The Comptroller is prohibited from issuing any payment to a person or entity reported to have an indebtedness or delinquency to the State. To the extent that Contractor owes any debt or delinquent taxes to the State of Texas, any payments or other amounts Contractor is otherwise owed under this Contract shall be applied toward the debt or delinquent taxes until the debt or delinquent taxes is paid in full. Contractor agrees to comply with all applicable laws regarding satisfaction of debts or delinquencies to the State of Texas.

4.29 CONTRACTS FOR SERVICES.

In accordance with Government Code Section 2155.4441, the Contractor shall purchase products and materials produced in the State of Texas, when available at a price and time comparable to products and materials produced outside the State.

4.30 POLICY COMPLIANCE.

Contractor's employees and agents (including subcontractors and their employees and agents) identified by OCA management as having substantial presence on OCA premises shall be required to adhere to applicable OCA human resources, information services, and finance and operations policies and shall be required to attend one or more policy

RFP #212-27-0015 Page 17 of 21 orientation sessions. Those employees and agents identified as having access to State of Texas information resources and information resources technologies may be subject to periodic criminal history record investigations.

4.31 FORCE MAJEURE.

Neither Contractor nor OCA, including JBCC, shall be liable to the other for any delay in, or failure of performance, of any requirement included in any purchase order resulting from this RFP caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, epidemics, pandemics, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure or otherwise waive this right as a defense.

4.32 DEFAULT.

If Contractor is in default on the Contract, OCA may cancel the Contract without notice and either re-solicit or award the contract to the next best responsive and responsible Respondent. 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. ln the event of abandonment or default, Contractor shall pay damages to OCA including but not limited to re-procurement costs, and any consequential damages to the State of Texas or OCA resulting from Contractor's non-performance.

4.33 NO CONFLICTS; DEALINGS WITH PUBLIC SERVANTS AFFIRMATION.

Contractor represents and warrants that Contractor has no actual or potential conflicts of interest in providing services to the State of Texas under the Contract and that Contractor's provision of services under this Contract would not reasonably create an appearance of impropriety. Contractor 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.

RFP #212-27-0015 Page 18 of 21

4.34 FALSE STATEMENTS; BREACH OF REPRESENTATIONS.

Contractor represents and warrants that all statements and information prepared and submitted in its Response are current, complete, true, and accurate. Submitting a Response with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Response and any resulting contract.

4.35 ANTITRUST AFFIRMATION.

Contractor affirms under penalty of perjury of the laws of the State of Texas that:

(1) In connection with this Request for Proposal, neither I nor any representative of the Contractor have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;

(2) In connection with this Request for Proposal, neither I nor any representative of the Contractor have violated any federal antitrust law; and

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

4.36 CHILD SUPPORT OBLIGATION AFFIRMATION.

Under Section 231.006 of the Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

4.37 DISASTER RECOVERY PLAN.

In accordance with 13 TAC §6.94(a)(9), Contractor shall provide to OCA the descriptions of its business continuity and disaster recovery plans.

RFP #212-27-0015 Page 19 of 21

4.38 EXCESS OBLIGATIONS PROHIBITED.

The contract is subject to termination or cancellation, without penalty to OCA, either in whole or in part, subject to the availability of state funds.

4.39 EXCLUDED PARTIES.

Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 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.

4.40 FOREIGN TERRORIST ORGANIZATIONS.

Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

4.41 SUSPENSION AND DEBARMENT.

Contractor 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 Accounts and the System for Award Management (SAM) maintained by the General Services Administration.

4.42 TERMS AND CONDITIONS ATTACHED TO RESPONSE.

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

4.43 BUY TEXAS AFFIRMATION.

In accordance with Section 2155.4441 of the Texas Government Code, Contractor agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

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4.44 COVID-19 VACCINE PASSPORT PROHIBITION.

Under Section 161.0085 of the Texas Health and Safety Code, Contractor certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract.

4.45 TEXAS BIDDER AFFIRMATION.

Contractor certifies that if a Texas address is shown as the address of the Contractor on this Proposal, Contractor qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

4.46 PRIOR DISASTER RELIEF CONTRACT VIOLATION.

Under Sections 2155.006 and 2261.053 of the Texas Government Code, the Contractor 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.

4.47 HUMAN TRAFFICKING PROHIBITION.

Under Section 2155.0061 of the Texas Government Code, the Contractor 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

4.48 ENERGY COMPANY BOYCOTTS.

If Contractor is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Contractor verifies that Contractor does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Contractor does not make that verification, Contractor must so indicate in its Response and state why the verification is not required.

4.49 ENTITIES THAT BOYCOTT ISRAEL.

If Contractor is required to make a certification pursuant to Section 2271.001 of the Texas Government Code, Contractor certifies that Contractor does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. If Contractor does not make that certification, Contractor must indicate that in its Response and state why the certification is not required.

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4.50 FIREARM ENTITIES AND TRADE ASSOCIATIONS.

If Contractor is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Contractor verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Contractor does not make that verification, Contractor must so indicate in its Response and state why the verification is not required.

4.51 SIGNATURE AUTHORITY.

By submitting the Response, Contractor represents and warrants that the individual submitting the Response and the documents made part of this Response is authorized to sign such documents on behalf of the Contractor and to bind the Contractor under any contract that may result in the submission of this Response.

SECTION V: REQUIRED ATTACHMENT

A. EXECUTION OF PROPOSAL