ESBD_545506_1785960149901_1_Part A 304T-27-490M2 Microscopes and Accessories.pdf

6-2026 Solicitation No. 304T-27-490M2 Page A1

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

STATEWIDE PROCUREMENT DIVISION

INVITATION FOR BIDS

Microscopes and Accessories

IFB No. 304T-27-490M2

NIGP CLASS-ITEMS

490-29 490-57 490-58 625-43

625-46

SCHEDULE OF EVENTS

ESBD Posting Date August 5, 2026 Pre-Bid Conference Date and Time August 13, 2026 at 11:00 AM CST Questions Submission Deadline Date August 14, 2026 Response to Questions through Addendum Date, or as soon thereafter as practical August 20, 2026

RESPONSE DUE DATE September 1, 2026 RESPONSE DUE TIME 1:30 pm Central Time in Austin TX

**NOTE** This Solicitation is composed of two parts: (1) Part A: Special Instructions, (including attachments and appendices, if any) and (2) Part B: General Instructions and Contract Terms and Conditions (including attachments and appendices, if any). In the event an instruction or term in Part A conflicts with an instruction or term in Part B, the instruction or term in Part A prevails, and any addenda or amendments to either Part A or Part B control over the original versions.

Page A2

SUBMISSION CHECKLIST

COMMUNICATION WITH ANYONE OTHER THAN THE POINT OF CONTACT LISTED

IN SECTION A.11.4 MAY RESULT IN DISQUALIFICATION OF A RESPONSE.

CPA will disqualify any response received without the required documentation identified below.

ATTACHMENT A - EXECUTION OF RESPONSE

MANDATORY PRICE SHEET

CPA may disqualify any response received without the required documentation identified below.

IDENTIFICATION OF CLAIMED CONFIDENTIAL/PROPRIETARY INFORMATION, if any

ATTACHMENT B - RESPONDENT INFORMATION

ATTACHMENT C - PREFERENCES

ATTACHMENT D - INSURANCE STATEMENT OF INTENT

ATTACHMENT E - SELF INSURED RETENTION CERTIFICATION AND REQUEST FOR

APPROVAL (only if the Respondent intends to use SIR)

ATTACHMENT F - AUTHORIZED WARRANTY SERVICE PROVIDER

IDENTIFICATION OF ALL EXCEPTIONS AND ASSUMPTIONS to terms of this Solicitation or Contract, if any

CONFLICT OF INTEREST DISCLOSURE, if applicable – Reference Part B.1.1.

AUTHORIZED DISTRIBUTOR CERTIFICATION, if applicable – Reference Part A.7.1.

SIGNED COPIES OF ALL ADDENDA to this Solicitation, if any

REFERENCE SECTION A.16 AND SECTION A.17 FOR SUBMISSION REQUIREMENTS

Page A3

PART A: SPECIAL INSTRUCTIONS

Table of Contents

A.1 DEFINITIONS

A.2 DESCRIPTION

A.3 TERM OF THE CONTRACT

A.4 PRICING

A.4.1 PRICING STRUCTURE – FIRM DISCOUNT FOR MANUFACTURER CATALOGS

A.5 PRICE ADJUSTMENTS

A.5.1 DISCOUNT INCREASES

A.5.2 TARIFFS

A.6 INSURANCE

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 AUTHORIZED PURVEYOR OF EQUIPMENT

A.7.2 CONTRACT SCOPE

A.7.3 SPECIFICATIONS

A.7.4 CONDITION OF PRODUCTS

A.7.5 QUANTITIES

A.7.6 WARRANTY REQUIREMENTS

A.8 CUSTOMER DATA REQUIREMENTS

A.8.1 DEFINED TERMS

A.8.2 ACCESS TO CUSTOMER DATA

A.8.3 LOCATION OF CUSTOMER DATA

A.8.4 ENCRYPTION STANDARDS

A.8.5 AUDITABLE INFORMATION SECURITY FRAMEWORK

A.8.6 DEFECTS AND VULNERABILITIES

A.8.7 SUPPLY CHAIN RISK MANAGEMENT

A.8.8 INDEPENDENT INFORMATION SECURITY ASSESSMENT

A.8.9 MEDIA SANITIZATION

A.8.10 THIRD-PARTY SERVICE PROVIDERS

A.8.11 PROHIBITED TECHNOLOGY

A.8.12 USE OF ARTIFICIAL INTELLIGENCE

A.8.13 STATE AUTHORIZATION AND RISK MANAGEMENT PROGRAM (TX-RAMP)

A.8.14 INFORMATION AND CYBERSECURITY REQUIREMENTS

A.8.15 SECURITY INCIDENT NOTIFICATION

A.9 SHIPPING, DELIVERY, AND PACKAGING

A.9.1 IDENTIFICATION OF SHIPMENTS AND DOCUMENTATION

A.9.2 PACKAGING AND LABELING

A.9.3 SPECIAL DELIVERY REQUIREMENTS

A.9.4 HOURS OF DELIVERY

A.9.5 DELIVERY SCHEDULE

A.9.6 DELIVERY DELAYS

A.9.7 COMPLIANT PRODUCTS

A.10 RETURN, CANCELLATION, AND RESTOCKING FEE

A.11 PURCHASE ORDERS, INVOICES AND REPORTING

A.11.1 CUSTOMER PURCHASE ORDERS

A.11.2 INVOICES AND EXPEDITED PAYMENT DISCOUNTS

A.11.3 REPORTING REQUIREMENTS

A.11.4 STATEWIDE CONTRACT DEVELOPMENT REPORTING

A.12 RESPONSE INFORMATION

A.12.1 SCHEDULE OF EVENTS

Page A4

A.12.2 SOLICITATION ADDENDA

A.12.3 QUESTIONS AND ANSWERS

A.12.4 POINTS OF CONTACT

A.12.5 PRE-BID CONFERENCE

A.12.6 DOCUMENTS AND ATTACHMENTS INCLUDED WITH THIS SOLICITATION

A.13 DISCLOSURE OF INTERESTED PARTIES

A.14 EVALUATION OF RESPONSE

A.14.1 RESPONSIVENESS

A.14.2 RISK OF NON-PERFORMANCE

A.14.3 BEST VALUE

A.14.4 TIES

A.15 AWARDS

A.15.1 AWARD APPROACH

A.15.2 NON-AWARD

A.15.3 AWARD NOTICE

A.15.4 SUBSTITUTIONS

A.16 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.16.1 CONFIDENTIAL/PROPRIETARY INFORMATION

A.16.2 ATTACHMENT A - EXECUTION OF RESPONSE

A.16.3 ATTACHMENT B - RESPONDENT INFORMATION

A.16.4 ATTACHMENT C - PREFERENCES

A.16.5 ATTACHMENT D - INSURANCE STATEMENT OF INTENT

A.16.6 ATTACHMENT E - SELF INSURED RETENTION CERTIFICATION AND REQUEST FOR APPROVAL

A.16.7 ATTACHMENT F - AUTHORIZED WARRANTY SERVICE PROVIDER

A.16.8 MANDATORY PRICE SHEET

A.16.9 NEGOTIATIONS, ASSUMPTIONS, AND EXCEPTIONS

A.16.10 AUTHORIZED DISTRIBUTOR CERTIFICATION

A.16.11 SIGNED ADDENDA TO SOLICITATION

A.17 SUBMITTING THE RESPONSE TO CPA

A.17.1 ELECTRONIC SUBMISSION (PREFERRED)

A.17.2 HARD COPY SUBMISSION

Page A5

A.1 DEFINITIONS

In this Contract, the following terms and acronyms have the meaning set forth below.

TERM DEFINITION

Contract Any Contract resulting from this Solicitation, consisting of the Contract documentation as provided in Section B.3.2.

Contractor Any Respondent awarded a Contract based on this Solicitation.

CPA The Texas Comptroller of Public Accounts, the state agency issuing this Solicitation.

Customer State of Texas agencies, institutions of higher education, and cooperative purchasing members, including CPA, that are required or permitted by law to purchase goods and services under contracts established by CPA.

ESBD The Electronic State Business Daily, which is available online at http://www.txsmartbuy.gov/esbd

FOB

Destination

The seller retains the risk of loss until the goods reach the buyer, and the seller bears all shipping costs.

OEM Original Equipment Manufacturer Party or Parties Either CPA or Respondent, separately or collectively.

Respondent Any person or company that submits a Response to this Solicitation.

Response A bid or proposal submitted to CPA in response to this Solicitation.

Rigging Services

The handling, transport, and installation of sensitive lab, medical, and industrial microscopes.

Solicitation This document, along with all other documents incorporated in this document and posted to the ESBD, soliciting responses for the proposed commodities and services.

A.2 DESCRIPTION

The Statewide Procurement Division (SPD), a division of CPA, requests sealed responses for microscopes and accessories.

Major Customers for these items include institutions of higher education, health science centers, medical facilities, and state agencies.

Historical spend data indicates that approximately 60 Customers across the state utilize this Contract.

A.3 TERM OF THE CONTRACT

The initial term of this Contract commences on the effective date set out in a Notice of Award issued by CPA and automatically expires on November 30, 2027.

1st Renewal Option: December 1, 2027, through November 30, 2028 2nd Renewal Option: December 1, 2028, through November 30, 2029 3rd Renewal Option: December 1, 2029, through November 30, 2030 4th Renewal Option: December 1, 2030, up to one (1) additional year

CPA may unilaterally renew the Contract.

http://www.txsmartbuy.gov/esbd

Page A6

A.4 PRICING

A.4.1 Pricing Structure – Firm Discount for Manufacturer Catalogs

Response discounts must be firm, fixed discounts that may not be reduced for the life of the contract, including all potential renewal periods. If Contractor offers or provides a lower price or a higher discount to any customer for the same goods or services, under the same terms and conditions provided for CPA and its Customers, the Contractor must provide the same lower price or higher discount to all Customers of the Contract resulting from this solicitation.

Discounts proposed must be based upon the equipment manufacturer’s list price. Respondents should bid a minimum guaranteed discount for each category, as seen on the Mandatory Price Sheet.

Example: If a 10% discount is bid, the (minimum) 10% base discount must apply to all items within that category, excluding third-party components for which no discount can be passed along to the Customer. However, when available, a greater discount may be offered on some or all items within the category.

Contractor is required to maintain during the life of the Contract plus an additional year documentation of all temporary promotional discounts offered to Customers and the period for which these discounts were offered.

Quotes from Contractor must be valid for 30 days from Customer’s receipt of quote. Pricing may not change from the time of order unless a higher discount becomes available. Contractor quotes must also display the summed total amount that Customer will save with the state discount applied.

CPA, at its sole discretion, may request detailed manufacturer catalogs and/or manufacturer price lists throughout the life of the Contract, including all renewal and extension periods.

Shipping shall be FOB destination; therefore, unit prices must include statewide delivery (all shipping, handling, delivery fees and fuel surcharges) excluding rigging charges.

A.5 PRICE ADJUSTMENTS

A.5.1 Discount Increases

Contractor shall immediately implement any discount increase that becomes available. Contractor shall notify CPA of discount increases by email to: spd.cmo@cpa.texas.gov

A.5.2 Tariffs

The parties may agree to adjust prices periodically to reflect tariff surcharges or changes in tariffs implemented after award that affect the cost of supplying goods under this Contract. Tariffs in place at the time of the response will not be considered as a basis for a tariff surcharge increase. To request a price adjustment related to tariffs, Contractor must provide documentation that includes the effective date, amount, scope of the tariffs, and any other documentation requested by CPA. Contractor must demonstrate with specificity the effect of tariffs on its necessary and reasonable cost of supplying goods under this Contract. Any adjustment is at CPA’s sole discretion. If CPA grants an adjustment related to tariff surcharges, Contractor shall monitor tariff levels and notify CPA within five business days of any reduction or repeal. CPA may reduce or retract a tariff adjustment it has granted at any time by notifying the Contractor of the new prices.

mailto:spd.cmo@cpa.texas.gov

Page A7

For circumstances when the Contractor informs CPA that it intends to pass on tariff related surcharge(s) due to no fault of the Contractor, additional lines may be added to the quote and Customer Purchase Order. Such purchase order line(s) may be necessary to ensure accurate billing for Customers based on verified cost increases to the Contractor and will be passed directly through the Contractor to the Customer with no mark-up by or for the Contractor.

As allowable by law, Contractor must promptly assign to Customer the right to file for and receive any refund that becomes due for the tariffs paid under this Contract. Contractor agrees to cooperate with Customer and take all the steps required to assign and transfer to Customer its rights, title and interest in any monies due or payable to Contractor in connection with tariffs paid under this Contract. If Contractor receives a refund of any tariff paid under this Contract, it shall return the portion paid by each Customer.

A.6 INSURANCE

The Response must include a statement that Respondent intends to obtain and maintain for the term of the Contract (and any renewal periods) the minimum insurance coverage specified in the table below.

The Response should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its Response. If Respondent’s normal and customary insurance coverage exceeds the minimum required amounts in this Solicitation, the Contract will require those normal and customary types and amounts of coverage. Proof of insurance may be provided in the form of current certificates of insurance.

Respondent may propose alternate insurance amounts or coverages in the form of an exception. See Section A.15.9. If CPA rejects the exception, the Respondent shall obtain the minimum coverage listed.

Any subcontractor performing work under this Contract must meet the same minimum insurance requirements. Contractor shall ensure its subcontractors’ compliance with all requirements.

Minimum Required Amounts of Insurance Coverage Type of Insurance Each Occurrence/Aggregate Commercial General Liability (Occurrence based) $1,000,000 Each Occurrence Limit

Automobile Liability All Owned, Hired and Non-Owned Vehicles (Required if the Contractor owns vehicles or uses vehicles to perform the Contract)

$500,000 Combined Single Limit (for each accident)

Any insurance required to be compliant with applicable Federal, State, and Local regulations for the goods or services provided.

Statutory limits

All required insurance policies must be issued from a company or companies with a Financial Strength Rating of “A-” or better and a Financial Size Category of VIII or larger from AM Best. CPA may consider other sources of information and reserves the right to determine whether an insurer is acceptable in its sole discretion.

Page A8

All insurance policies must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to CPA. Except as specified below, all of the Contractor’s insurance policies must:

(1) be written on a primary and non-contributory basis;

(2) name the state of Texas as a certificate holder on all certificates of insurance, to include the following address: State of Texas, P.O. Box 13528, Austin, TX 78711-3528;

(3) name the state of Texas, its officers and employees as additional insureds on all policies; and

(4) include a waiver of subrogation in favor of the state of Texas, its officers and employees for bodily injury (including death), property damage or any other loss arising from this Contract or any purchase order.

Contractor shall submit current certificates of insurance to CPA within five business days of receiving a request from CPA. In its sole discretion, CPA may allow Contractor to satisfy insurance requirements with coverage of a third-party providing goods or services under the Contract, such as products liability coverage provided by a manufacturer, that will provide comparable protection to CPA and Customers. However, the Contractor shall maintain at least $1,000,000 of commercial general liability coverage for itself.

The Contractor must provide proof of coverage. Notices shall be sent to the contact listed in Section A.11.4, Points of Contact. Failure to submit acceptable proof of insurance may result in termination.

Contractor shall maintain the required insurance throughout the Contract.

Contractor must disclose on its insurance certificate whether any of the coverage required under the Contract is being satisfied with a Self-Insured Retention (SIR) and list the amount of the SIR. CPA may, in its sole discretion, accept or reject any SIR in excess of $100,000, and Contractor shall provide any documentation requested by SPD. If the Respondent intends to use SIR, Respondent must complete and return Attachment E - Self Insured Retention Certification and Request for Approval.

Contractor shall:

(1) Provide written documentation to Statewide Contract Management (SCM) by email at spd.cmo@cpa.texas.gov at least 30 calendar days prior to any cancellation, non-renewal, or material change of a required policy;

(2) 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 the Contract; and

(3) deliver proof of all renewal policies prior to any expiration of a required policy to SCM by email at spd.cmo@cpa.texas.gov. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

Contractor must 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 such Contractor’s obligations under the Contract.

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 Authorized Purveyor of Equipment

If Respondent is not the original equipment manufacturer (OEM) of a proposed brand, Respondent must provide certification from the OEM that Respondent is an authorized dealer. Should a Contractor lose its status as an authorized dealer during the term of any resultant Contract, CPA reserves the right to remove any brands awarded to Respondent from the Contractor’s award listing.

Page A9

Respondent must have the capability to provide the full product offerings within catalog(s) proposed.

CPA reserves the right to verify Respondent’s ability to provide complete product offerings within catalog(s) proposed at any time during the Contract.

A.7.2 Contract Scope

(1) Products – Contractor(s) must provide equipment and support to meet the Customer’s microscopy needs per the extent of Contractor’s award. The applicable product range will include standard, custom configured microscopes, electron microscopes, and microscope accessories.

(2) Cameras – The only cameras allowed for purchase through this Contract are those dedicated to microscopy use. This solicitation includes both still and video cameras.

(3) Lasers – The only laser units allowed for purchase through this Contract are those applicable to microscopes. Additional laser components can be purchased separately as long as they are intended for a microscopy system.

(4) Software – The only software allowed for purchase through this Contract are those dedicated to microscopes. This includes, but is not limited to, software and updates related to the functioning of a microscope or analyzing collected data.

(5) Computers – Computer equipment including, but not limited to, scanners, monitors and tablets must be dedicated to microscope use.

(6) Accessories – All accessories and third-party components purchased from Contractor shall be relevant to the functioning of a microscope, the observation of specific specimens or the collection and analysis of microscopic data. Examples of accessories include, but are not limited to, additional light sources, optional scanners, monitors, optional detectors, microscope slides, additional lenses and filters, optional observation tubes, additional stages, filters, mirrors, sample stands, light stands, camera mounts, specimen incubators, specimen control chambers and microscope covers.

(7) Services – The scope of this Contract is limited to the following services: installation, set-up, initial testing, training, warranty services, and any other services provided by a vendor as part of its usual course of support for the purchase of a microscope and/or accessories. Extended warranties and maintenance plans (other than as part of the initial purchase of a microscope and/or accessory) are intended to fall outside the scope of this Invitation for Bids and would be negotiated between a vendor and Customer on a case-by-case basis as Customer deemed necessary.

A.7.3 Specifications

Reference the Mandatory Price Sheet for categories.

All parts not specifically mentioned that are necessary for the microscopes and related accessories to be complete and ready for operation and are normally furnished as standard equipment must be furnished by the Contractor. The unit shall be completely assembled and adjusted, all equipment including standard and supplemental equipment shall be completely installed, and the unit shall be made ready for continuous operation upon delivery unless specifically stated otherwise in the solicitation.

Line 1: Microscopes, Educational Applications (490-58-30) Line 2: Microscopes, Research Applications (490-58-20) Line 3: Microscopes, Life Science Applications (490-58-10) Line 4: Microscopes, Material Science Applications (490-58-40) Line 5: Microscope Accessories (490-58-55)

Page A10

Only Responses for complete microscopes will be considered for award of Line 5: Microscope Accessories.

Contractor shall send advance notice to Customers when an OEM announces it intends to discontinue parts for specific awarded models/series.

A.7.4 Condition of Products

Proposed and delivered products must be new, unused, the latest model in current production, and in first class condition, including containers suitable for shipment and storage, unless otherwise specified in the solicitation. Used, shopworn, demonstrator, prototype, remanufactured, reconditioned, or discontinued models are not acceptable.

A.7.5 Quantities

CPA does not guarantee a specific volume to be purchased throughout the term of the Contract. No minimum compensation to the Contractor is guaranteed.

A.7.6 Warranty Requirements

(1) Warranty The warranty will cover the completed product and all parts of the product, together with the cost of all labor, materials, and parts required to repair any faults or defects of design, material, or workmanship of the product.

At a minimum, the warranty period will begin on the date the product is accepted by the Customer and continue in effect for (i) one (1) year from that date, or (ii) the duration of the manufacturer’s standard warranty, whichever is longer. If no time or specific protocol for acceptance is specified elsewhere in the Contract or the Customer purchase order, products are presumed accepted ten working days after receipt by the Customer. The warranty will apply to any warranty service or repair properly requested by Customer during the warranty period, regardless of the amount of time required to complete the service or repair. Contractor’s warranty obligations will survive the termination of this Contract.

Contractor shall provide warranty service, including parts, repairs, shipping, and installation, free of charge and within a reasonable time. Contractor shall repair any materials and parts that are defective. If repair is not possible, Contractor shall either replace the products with new products or refund the full purchase price, whichever the Customer prefers.

(2) Warranty Service

Respondents are required to complete and return with Response, Attachment F – Authorized Warranty Service Provider contact information.

After the Customer contacts the Contractor’s authorized warranty service provider, the service representative shall take any necessary action to correct problems covered by the warranty.

Page A11

A.8 CUSTOMER DATA REQUIREMENTS

A.8.1 Defined Terms

The term “Customer Data” refers to Customer’s information as well as other entity information in the possession of Customer that is processed, stored, or transmitted by a computer.

Customer Data includes all data that is generated by Contractor in performance of a contract with CPA and its Customers. The term “Customer Information System” refers to those devices, software, networks and related infrastructure that Customer owns, operates or has obtained for use to conduct CPA business. Devices include, but are not limited to, Customer-owned or managed storage, processing, and communications devices, as well as personally owned devices.

A.8.2 Access to Customer Data

Contractor represents and warrants that it will implement, maintain, and use appropriate administrative, technical, and physical safeguards to preserve the confidentiality, integrity, and availability of Customer Data. Contractor will not collect, access, use, disclose, or retain Customer Data other than as necessary to perform the services specified in a contract resulting from this solicitation or as otherwise authorized in writing by Customer. Contractor will restrict access to Customer Data to only those personnel who must have the information on a “need to know” basis.

Contractor will not use Customer Data, or any information derived from Customer Data, for its own benefit or the benefit of any other person or entity. Contractor will not share Customer Data with its parent company or other affiliate without CPA and its Customer’s express written consent.

A.8.3 Location of Customer Data

Contractor shall ensure that Customer Data (i.e., primary and backup) remains, at all times, within the continental United States. Contractor shall receive, process, transmit, and store all Customer Data within the continental United States. Contractor’s point of access to Customer Data shall be within the continental United States.

A.8.4 Encryption Standards

(1) Contractor shall encrypt Customer Data in transit and at rest. Data in transit means data is moving via email, in applications, or through browsers and other web connections. Data at rest (including data backups) means data is stored in databases, the cloud, removable media, or mobile devices.

(2) Contractor shall utilize encryption standards that are FIPS 140-2 compliant or, upon the written approval of Customer’s Chief Information Security Officer, shall meet the intent of the standards as described in FIPS 140-2.

(3) The minimum cryptographic algorithm used by Contractor must be Advanced Encryption Standard (AES) 128 or higher (256 AES is preferred).

(4) Contractor shall encrypt Customer Data transmitted over a public or private network. CPA approved data encryption transmission protocols include the following: (1) SFTP (FTP over SSH), (2) FTPS (FTP over TLS), (3) HTTPS (HTTP over TLS), and (4) virtual private network.

A.8.5 Auditable Information Security Framework

Contractor shall secure its own and its third-party service providers’ systems (e.g., IT service provider, Cloud Service Provider) in a manner consistent with an auditable information security framework e.g., National Institute of Standards and Technology (NIST), International Organization for Standardization

Page A12

(ISO) 27001. Upon Customer request, Contractor shall disclose its adopted information security framework.

A.8.6 Defects and Vulnerabilities

Upon Contract award and during the term of the Contract, Contractor shall provide Customer with prompt, written notice upon Contractor’s discovery of any product defects and vulnerabilities of the proposed Licensed System/Software/Solution that allow an attacker to violate an explicit (or implicit) security policy to achieve some impact or consequence.

Examples of vulnerabilities include defects that allow intruders to gain increased levels of access or interfere with the normal operations of information systems. Vulnerabilities caused by insecure configurations, design choices, and changing environmental conditions are additional examples.

A.8.7 Supply Chain Risk Management

Upon request, Contractor shall provide CPA’s Contract Manager a description of how it manages supply chain risks. Specifically, Contractor shall describe its established agreements and procedures with entities involved in the supply chain for the notification of supply chain risks, compromises, and the result of assessments or audits. During the term of the Contract, Contractor shall provide CPA’s Contract Manager prompt, written notice of supply chain risks that impact the delivery of the products and services of the Contract. Examples of supply chain risks include supplier financial failure, production control/product quality, market supply and demand, labor disputes/shortages, cybersecurity threats, natural disasters. Contractor shall notify CPA of a supply chain compromise and potential compromise in accordance with Section A.8.15 Security Incident Notification.

A.8.8 Independent Information Security Assessment

If Contractor has access to a Customer’s Information System or receives, processes, transmits, or stores Customer Data, then Contractor shall provide CPA’s Contract Manager with its most recent information security assessment conducted by an independent third-party (e.g., SSAE-18 SOC 2 Type II, ISO 27002) upon Contract award and annually thirty (30) days prior to the anniversary of the Contract award date thereafter. CPA, in its sole discretion, may conduct a security assessment of any information system holding Customer Data or connected to a Customer Information System. CPA’s security assessment may consist of a review of the following: (i) independent third-party assessment(s) contracted by Contractor (e.g., SSAE-18 SOC 2 Type II, ISO 27002) and (ii) Contractor’s System Security Plan.

A.8.9 Media Sanitization

Contractor shall sanitize information system media, both digital and non-digital, in accordance with NIST Special Publication 800-88 (Guidelines for Media Sanitization) when Customer Data in the custody of Contractor is no longer required to be retained by contract with CPA. Contractor must maintain a record documenting each sanitization procedure that, at a minimum, includes the following information: (i) date sanitization completed, (ii) description of the item(s), serial number(s), inventory control number(s), if applicable, and (iii) sanitization method used. No later than sixty (60) calendar days from contract expiration or termination or as otherwise specified in the Contract, Contractor must either (i) complete the sanitization and submit via email to the CPA Contract Manager all sanitization documentation or (ii) submit a written statement via email to the CPA Contract Manager explaining the reason that destruction of Customer Data by Contractor is technically impossible or impractical.

Contractor’s obligations set forth in this clause survive the termination or expiration of the contract as long as Contractor retains Customer Data.

Page A13

A.8.10 Third-Party Service Providers

It is Contractor’s sole responsibility to ensure that its access and the access Contractor grants to its service providers to Customer Data or Customer Information Systems does not result in unauthorized access to Customer Data or Customer Information Systems.

A.8.11 Prohibited Technology

Contractor shall not use covered applications or prohibited technologies in its technology solutions or services provided to Comptroller. In addition, Contractor represents and warrants that its system, software, components, and services do not use the covered applications or prohibited technologies listed on the Department of Information Resources (DIR) Covered Applications and Prohibited Technologies website.

A.8.12 Use of Artificial Intelligence

Contractor shall comply with all federal and state laws and regulations for artificial intelligence.

Contractor shall implement and maintain the following.

(1) Transparency

Disclose the artificial intelligence (AI) that Contractor embeds in its technology products and services and provide detailed information on the purpose of the AI, the specific AI model(s) in use, if the AI uses Customer data to train AI model(s), the configuration settings and options to disable or opt out of using the AI.

(2) Artificial Intelligence Inventory Contractor shall implement and maintain an inventory of the AI used in Contractor’s solution, software, system components, and services provided to Comptroller. Comptroller is required to report an inventory of artificial intelligence in biennial statutorily required reports and Contractor shall support Comptroller’s compliance by providing the inventory information upon Comptroller’s written request.

(3) Monitoring Contractor shall monitor AI for query attacks, malicious inputs, and perturbations for model manipulation, theft, data poisoning, and data drift. Contractor shall establish model integrity validation checks and data poisoning detection capabilities. Contractor shall implement processes for detecting personally identifying information (PII) in the model and removing PII from the model, as appropriate to ensure the AI cannot provide PII to Contractor’s other customers or outside the boundaries of the Comptroller’s systems.

(4) Disclosure Notice Contractor shall disclose to the public prior to system use, the use of AI in systems that interact with the public and receive, process, transmit, or store Customer data.

(5) Data Ownership Contractor shall acknowledge that Customer owns their own data. If Contractor uses generative AI to provide services to the Customer, Contractor shall ensure that the AI cannot provide Customer data to Contractor’s other customers or outside the boundaries of the Customer’s systems.

https://dir.texas.gov/information-security/covered-applications-and-prohibited-technologies https://dir.texas.gov/information-security/covered-applications-and-prohibited-technologies

Page A14

A.8.13 State Authorization and Risk Management Program (TX-RAMP)

Not applicable to this solicitation.

A.8.14 Information and Cybersecurity Requirements

Respondent shall provide the following information upon request:

(1) Compliance with Customer Data Safeguard Standards Respondent shall describe its approach and methodology for meeting the requirements in Section A.8 Customer Data Requirements. Respondent must address each item; if an item is required after the Effective Date, Respondent must verify that it will comply within the timeframe indicated for that item.

(2) Data Security Breach History Respondent shall disclose any data security breach incidents and ransomware security incidents, including pertinent, public information describing the breach such as the date of the incident, date of incident discovery, cause of the incident, and remediation efforts undertaken by Respondent.

(3) System Development Life Cycle Respondent shall provide a written description of its system development lifecycle that addresses security engineering methods, software development methods, testing/evaluation/validation techniques, and quality control processes.

(4) Cybersecurity Respondent shall provide a high-level description of the preventive, deterrent, detective, corrective, compensating, and directive cybersecurity controls that it will implement and maintain to protect Customer’s system.

(5) Artificial Intelligence Respondent shall include information to show its ability to comply with Use of Artificial Intelligence in Section A.8.12 above.

A.8.15 Security Incident Notification

Contractor shall have policies and procedures for the effective management of Security Incidents, which shall be made available to CPA and its Customer upon written request. Within twenty-four (24) hours of Contractor’s discovery or reasonable belief that there has been a ransomware event or an event which results in the accidental or deliberate unauthorized access, loss, disclosure, modification, disruption, or destruction of confidential Customer information (“Security Incident”), Contractor shall provide notice to the CPA and its Customer as directed. Until the investigation is complete, Contractor shall submit, on a daily basis or as otherwise agreed by CPA and its Customer, a written report via encrypted email to security.alerts@cpa.texas.gov that includes, at a minimum, the following:

• Date and time incident occurred,

• Date and time incident detected,

• Date and time incident contained,

• Address where incident occurred,

• Name of person(s) that discovered incident,

• Description of how Contractor discovered incident,

• Type of Customer information involved,

• Description of the nature of the incident, mailto:security.alerts@cpa.texas.gov

Page A15

• Description of the steps Contractor has taken or will take to investigate incident,

• Description of the steps Contractor has taken or will take to mitigate any negative impacts of incident,

• Information technology involved (e.g., laptop, server, mainframe),

• Description of steps taken to preserve computer evidence and maintain chain of custody, and

• Description of corrective action Contractor has taken or will take to prevent future incidents.

Contractor shall coordinate all media or other breach notifications with CPA and its Customer in advance of such notification(s), unless expressly prohibited by law. Subject to review and approval of the Customer, Contractor shall provide notice at its own cost that satisfies the requirements of applicable law to individuals whose information was compromised or likely compromised as a result of the Security Incident. If the Customer, in its sole discretion, elects to send its own separate notice, then all costs associated with preparing and providing the notice shall be reimbursed to the Customer by Contractor. If Contractor does not reimburse such costs within thirty (30) days of the Customer’s written request, then CPA shall have the right to collect such costs. CPA reserves the right to conduct an independent investigation of any Security Incident, and should CPA choose to do so, Contractor shall cooperate fully with CPA and assume responsibility at its own expense for making personnel, resources, and systems access available to CPA and CPA’s authorized representative(s).

A.9 SHIPPING, DELIVERY, AND PACKAGING

A.9.1 Identification of Shipments and Documentation

In addition to the complete destination address, each delivery must be clearly marked with the purchase order number. Each shipment must be accompanied by a packing slip.

A.9.2 Packaging and Labeling

All items shipped must be properly labeled, with weather resistant labeling, showing the brand name, package quantity, lot number (if applicable) and any other necessary identifying information.

A.9.3 Special Delivery Requirements

If the Customer requires installation (to include but not limited to precision assembly, calibration, and software setup), Contractor shall unpack and install the product at Customer’s requested location, provided that the area for installation meets minimum room specification requirements as provided by the equipment manufacturer.

If the Customer requires rigging services, Contractor shall come to an agreement with the Customer outside of the Contract to provide the services required.

Customers may have specific internal delivery rules and policies. These will be provided on each purchase order issued by the Customer. Contractor shall adhere to those requirements.

A.9.4 Hours of Delivery

Unless Contractor obtains prior approval by the Customer, Contractor may not deliver outside Customer’s hours of operation. Contractor may obtain Customer’s hours of operation at time of order.

Contractor may not charge extra for off-hours delivery.

Page A16

A.9.5 Delivery Schedule

In the space indicated on the Mandatory Price Sheet, enter the number of days required for delivery after receipt of order (ARO) under normal conditions. Delivery days are measured in calendar days, unless otherwise specified. Failure to state delivery time may disqualify the Response.

NOTE: See Section A.4 Pricing regarding FOB shipping.

See Section A.14.3 to see how the Respondent’s delivery schedule impacts evaluation of the Response.

A.9.6 Delivery Delays

If delivery delay is foreseen, Contractor must give prompt written notice to Customer and continuously update Customer of the delivery status. Time is of the essence in performance of this Contract. CPA and the Customer may exercise contractual remedies in connection with late delivery.

A.9.7 Compliant Products

Providing noncompliant goods or services does not constitute delivery. Delivery does not occur until the Contractor delivers goods or services in full compliance with the Contract to the Customer’s address specified on the purchase order, unless delivery is specifically accepted, in whole or in part, by the Customer. Customer will notify the Contractor of the delivery of noncompliant goods. If Contractor fails to remove the goods from Customer’s property within ten working days, or within a time frame agreed upon by Customer and Contractor, Customer may dispose of them at its discretion and at Contractor’s expense. CPA and the Customer may exercise contractual remedies in connection with late delivery.

A.10 RETURN, CANCELLATION, AND RESTOCKING FEE

Customer may request that Contractor accept return of delivered goods, or that Contractor cancel an order prior to delivery. If Contractor does not agree to Customer’s request, Customer and Contractor must attempt to resolve the matter. If Customer and Contractor do not reach a resolution, Customer or Contractor may contact the CPA Contract Manager. CPA may order Contractor to accept a return or cancel an order. Contractor may request a reasonable fee for restocking compliant goods it has shipped. Customer shall pay a restocking charge of no more than 10% of the cost of the goods if CPA and Customer both determine that the charge is justifiable. Contractor shall not charge any fee for an order cancelled prior to shipment.

A.11 PURCHASE ORDERS, INVOICES AND REPORTING

A.11.1 Customer Purchase Orders

To utilize the Contract pricing, Customers will issue an internal purchase order referencing the number for the CPA Managed Contract, commodity codes, item descriptions, and current contract pricing.

Contractor agrees not to deliver goods or provide services awarded under this Solicitation until receipt of a Purchase Order from Customer.

Page A17

Purchase orders dated during the term of the Contract must be honored, even if received by the Contractor after the Contract expiration date. Contractor may not specify a "final order" receipt date.

Pricing is established by the date the purchase order is placed.

A.11.2 Invoices and Expedited Payment Discounts

Reference Part B, General Instructions and Contract Terms and Conditions, Section B.5.3, Invoicing and Payment Requirements.

Payment terms for the State of Texas are typically 30 days. Respondent may provide additional discounts extended to each invoice on Attachment B – Respondent Information.

Contractor must submit an itemized invoice to Customer reflecting the CPA Contract number and Customer purchase order number. Additionally, invoices must either display the summed total amount the Customer saved with the state discount applied OR display the list price of each item and net price paid for each item.

A.11.3 Reporting Requirements

By the 10th day of every calendar month, Contractor must report the past month’s sales under the Contract to Statewide Contract Management at tcmo.reporting@cpa.texas.gov in the format prescribed by CPA. The dollar value of the sale must be the price paid by the Customer for the goods and services under the Contract. If no sales occur, Contractor must report no sales in a manner prescribed by CPA.

CPA reserves the right to modify contract reporting requirements at its sole discretion in order to meet the evolving needs of CPA and its Customers. If the Contractor fails to submit sales reports, falsifies sales reports, or fails to submit sales reports in a timely manner, CPA may terminate or cancel the Contract pursuant to Part B, Section B.3.5.

A.11.4 Statewide Contract Development Reporting

Contractor shall provide any information requested by CPA to develop future solicitations and facilitate the transition to potential future contractors in a format acceptable to the CPA within 14 calendar days of the request.

A.12 RESPONSE INFORMATION

A.12.1 Schedule of Events

Respondent must submit its Response to CPA before the due date and time indicated on the cover page. CPA may revise this schedule by issuing an addendum on the ESBD.

A.12.2 Solicitation Addenda

CPA will post any addendum to this solicitation on the ESBD. Respondents are responsible for checking the ESBD for addenda prior to submitting a Response. Respondent’s failure to check the ESBD does not release it from the requirements of any addenda nor permit it to modify or withdraw its Response after Response opening.

Respondent must acknowledge each Solicitation addendum by returning a signed copy of the addendum with its Response.

mailto:tcmo.reporting@cpa.texas.gov

Page A18

A.12.3 Questions and Answers

Respondents must send all questions regarding this Solicitation to the CPA Points of Contact identified in Section A.12.4 by the due date in the Schedule of Events on the cover page. Respondents must reference the relevant Solicitation page and section number in each question. CPA’s responses to questions will be posted to the ESBD.

Respondents must notify CPA of any error or ambiguity in the Solicitation by submitting a question. If Respondent fails to notify CPA of an error or ambiguity, Respondent (1) waives any claim for money, time, or other relief based on that error or omission, and (2) agrees to accept any reasonable interpretation of the allegedly erroneous or ambiguous provisions by CPA.

All questions submitted to CPA should include the identity of the sender, the sender’s title, company name, telephone number, and email address, as applicable.

Only answers that CPA provides in writing are official. Information in any form other than the materials constituting this Solicitation, the Question-and-Answer Document, and any Solicitation addendum is not binding on CPA.

Minor questions for which the answer will not affect the interpretation of the Solicitation or change the contents of a Response (for example, a question regarding delivery of a sealed Response) may be answered orally or by email by CPA.

A.12.4 Points of Contact

Respondents must direct all communications concerning this Solicitation to the Points of Contact listed below. Respondents may not contact other CPA or agency personnel or any Customer regarding this Solicitation, unless instructed to do so in writing by the CPA Point of Contact. Communicating with anyone other than the Points of Contact may result in disqualification of a Response.

Responses may not be submitted to the CPA Points of Contact. Follow the instructions for Response submission in Sections A.16 and A.17.

Primary Point of Contact - CPA Contract Specialist Monica Suarez, CTCD, CTCM Email: Monica.Suarez@cpa.texas.gov

Secondary Point of Contact Statewide Contract Development (SCD) Email: spd.contractdev@cpa.texas.gov

If no response is received from the primary point of contact within one business day, Respondent may contact SCD at the email address listed above.

After Contract award, all communications relating to the Contract must be submitted to Statewide Contract Management at spd.cmo@cpa.texas.gov.

mailto:Monica.Suarez@cpa.texas.gov mailto:spd.contractdev@cpa.texas.gov

Page A19

A.12.5 Pre-Bid Conference

The Pre-Bid Conference is scheduled for the date and time listed in the Schedule of Events on the cover page. The location of the conference is:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/283141761563867?p=Jqeqz1rxjqs05is0ZK Meeting ID: 283 141 761 563 867 Passcode: 4LQ7cZ9Z

Need help? | System reference Dial in by phone +1 737-471-3847,,818969139# United States, Austin Find a local number Phone conference ID: 818 969 139#

The Pre-Bid Conference is an opportunity for vendors to hear information about the Solicitation and ask questions about the solicitation. While attendance is not mandatory, it is highly encouraged.

Vendors should notify the Point of Contact that they plan to attend the Pre-Bid Conference no later than August 12, 2026.

A.12.6 Documents and Attachments Included with this Solicitation

The Solicitation package includes the following documents:

1. Part A: Special Instructions (this document)

2. Part B: General Instructions and Contract Terms and Conditions

3. Attachment A - Execution of Response (with authorized signature)

Attachment B - Respondent Information Attachment C - Preferences Attachment D - Insurance Statement of Intent Attachment E - Self Insured Retention (only if using SIR)

4. Attachment F - Authorized Warranty Service Provider

5. Mandatory Price Sheet in .xlsx format

A.13 DISCLOSURE OF INTERESTED PARTIES

If CPA determines that Texas Government Code § 2252.908 may apply to a Contract award, CPA will instruct the Respondent to disclose interested parties to the Texas Ethics Commission (TEC) and CPA.

A Respondent subject to this requirement must (1) complete TEC Form 1295, Certificate of Interested Parties at https://ethics.state.tx.us/filinginfo/1295/ (2) submit the form online to TEC, (3) print the completed form that includes the Certificate Number automatically assigned by TEC, and (4) submit the form, signed by its authorized agency, by email to CPA.

If a Respondent does not timely submit a completed and signed TEC Form 1295 to CPA, CPA is prohibited by law from executing a contract, even if the potential awardee is otherwise eligible for award. CPA may award the contract to another vendor. CPA may seek appropriate damages for Respondent’s failure to comply with this requirement.

https://teams.microsoft.com/meet/283141761563867?p=Jqeqz1rxjqs05is0ZK https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTBlYjNmOTItNjZhMy00Mjg5LWFjNzAtMDc5NjI1MjgzMzQ0%40thread.v2/0?context=%7b%22Tid%22%3a%222055feba-299d-4d0d-aa5a-73b8b42fef08%22%2c%22Oid%22%3a%22c6cbdec5-64d1-424b-83b8-c16cfaf1171c%22%7d tel:+17374713847,,818969139 https://dialin.teams.cloud.microsoft/58d35282-7dff-490c-8e1a-27eb861dcb13?id=818969139 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fethics.state.tx.us%2Ffilinginfo%2F1295%2F&data=05%7C02%7CDaniel.Kinsey%40cpa.texas.gov%7Cd7d3dae962824caee0c808dd1ae5afc5%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C638696295979410307%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tJoqzugiU8W8zeA5R45t1cFgU3a6Ah5J7WrvDRlcsi0%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fethics.state.tx.us%2Ffilinginfo%2F1295%2F&data=05%7C02%7CDaniel.Kinsey%40cpa.texas.gov%7Cd7d3dae962824caee0c808dd1ae5afc5%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C638696295979410307%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tJoqzugiU8W8zeA5R45t1cFgU3a6Ah5J7WrvDRlcsi0%3D&reserved=0

Page A20

A.14 EVALUATION OF RESPONSE

A.14.1 Responsiveness

CPA may waive minor or immaterial requirements in the submission process. CPA will disqualify any Response that does not conform to the Solicitation requirements in any material respect as nonresponsive. For example, failure to sign the Execution of Response (Attachment A) or failure to submit the Mandatory Price Sheet will result in disqualification.

A.14.2 Risk…