ESBD_552562_1787661879498_RFP 304-27-0016JW Tx Property Tax Code Tax Law Publication Services.pdf
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- Solicitation number
- 304-27-0016JW
- Issued by
- Texas
About this file
This Request for Proposals (RFP) is issued by the Texas Comptroller of Public Accounts (CPA) to solicit proposals for publishing services to produce and maintain the Texas Property Tax Code and related tax law publications following regular and special legislative sessions. The CPA seeks qualified vendors to provide editing, publishing, printing, distribution, and digital publication services for annotated and un-annotated editions of these publications. The services include production of 5,500 printed copies of the Texas Property Tax Code and 2,500 printed copies of the Texas Property Tax Laws, along with searchable, Section 508 compliant PDF files for both publications. The RFP was issued on August 25, 2026, with a deadline for submission of questions on September 1, 2026, and a proposal submission deadline of September 21, 2026, at 2:00 p.m. Central Time. No pre-proposal conference or inspection is scheduled. The contract will commence on January 1, 2027, and run through December 31, 2027, with optional renewal periods through December 31, 2031, though service years 2028 and 2030 are skipped as no legislative sessions are anticipated during those periods. Draft editions must be delivered by September 1 of each service year, with final printed editions due by November 2, and all materials must be Section 508 compliant for accessibility.
Pricing must be submitted on the Mandatory Price Sheet as an annual not-to-exceed (NTE) fee inclusive of all expenses, with no prepayment from CPA. The Comptroller anticipates awarding the contract to one successful respondent and reserves the right not to award or to reissue the RFP. Evaluation criteria include respondent past performance and qualifications (20 percent weight), compliance with CPA specifications (50 percent weight), and cost (30 percent weight). The RFP includes requirements for a Veteran Heroes in Business (VetHUB) Subcontracting Plan with good faith effort demonstrations, and respondents must comply with comprehensive data security standards, insurance requirements (including $1,000,000 minimum commercial general liability and professional liability coverage), and criminal background investigations for assigned personnel. Successful respondents must warrant 12-month performance guarantees, implement liquidated damages provisions of two percent per day for delayed delivery, and maintain strict confidentiality and information security protocols, including compliance with CPA Data Safeguard Standards and artificial intelligence disclosure and monitoring requirements. All proposals must be submitted electronically via email with delivery receipt requested.
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RFP # 304-27-0016JW Tx Property Tax Code & Tax Law Publication Services Page 1 of 41
(Rev. 2/2024)
Texas Comptroller of Public Accounts
Request for Proposals (RFP) for
Texas Property Tax Code & Tax Law Publication Services
RFP No. 304-27-0016JW
Issuance Date: August 25, 2026
Anticipated Schedule of Events
August 25, 2026 Issuance of RFP
September 1, 2026 Deadline for Submission of Questions (2:00 p.m., CT)
September 4, 2026 Release of Official Responses to Questions
(or as soon thereafter as practical)
September 21, 2026 Deadline for Submission of Proposals (2:00 p.m. CT)
Late Proposals will not be considered
January 1, 2027 Services Commencement Date
(or as soon thereafter as practical)
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Table of Contents
I. Summary
II. Specifications
A. Introduction
B. Background
C. Definitions and Acronyms
D. Scope of Services
E. Contract Resulting from this Solicitation; Order of Priority
F. Warranty of Performance
G. Security Incident Notification
H. Insurance and Bonds
I. Criminal Background Investigation
J. Contract Term; Survival of Terms
K. Acceptance Criteria
L. Payments
M. Discounts
N. PO Addition and Deletion
O. VetHUB Subcontracting Plan Information
P. Respondent Documents
Q. Respondent Exceptions
R. Respondent’s Past Performance; Vendor Performance Tracking System
III. Proposal Submission Requirements
A. Delivery of Proposal
B. Proposal Content and Format
IV. Mandatory Price Sheet
V. Standard Terms and Conditions
VI. Execution of Proposal
VII. Conflict of Interest/Disclosure Statement
VIII. Nondisclosure Agreement
IX. Confidential Treatment of Information Acknowledgment
X. Certification Regarding Public Nature of the Proposal
XI. Respondent Exceptions
RFP # 304-27-0016JW Tx Property Tax Code & Tax Law Publication Services Page 3 of 41
I. Summary
1. Type of Solicitation: Request for Proposals (RFP)
2. Issuing Office: Texas Comptroller of Public Accounts (CPA)
Procurement Section
Room 300, Attn: RFP No. 304-27-0016JW
111 E. 17th Street
Austin, Texas 78774
3. Additional Requirements/Qualifications: N/A
4. Responses to RFP: Sealed Competitive Proposals
5. Deadline for Proposals: In Issuing Office No Later Than:
September 21, 2026; 2:00 p.m., Central Time (CT)
6. Initial Contract Term: January 1, 2027 to December 31, 2027
7. CPA Optional Contract Terms: January 1, 2028 through December 31, 2028, January 1, 2029 through December 31, 2029, January 1, 2030 through December 31, 2030 and
January 1, 2031 through December 31, 2031
8. CPA Contact Person for this RFP: Jennifer Williams, CTCD, CTCM
Email with delivery receipt requested to: bidcpa@cpa.texas.gov
9. Proposals Submitted by Email: Required; See Section III, Part A
10. Proposals Submitted by Fax: Not Accepted
11. Pre-Proposal Conference: N/A
12. Pre-Proposal Inspection: N/A
13. Letters of Intent to Submit a Proposal: N/A
14. RFP Addenda: Notices of changes to items directly impacting the original RFP or solicitation process will be posted on the Electronic State Business Daily
(ESBD) located at: http://www.txsmartbuy.gov/esbd. CPA will post any amendment to this solicitation on the ESBD as an RFP Addendum. It is the responsibility of an interested party to check the ESBD for updates to this RFP before submitting a Proposal. Each Respondent is solely responsible for verifying CPA’s receipt of its questions, if applicable, and its Proposal by the deadlines specified in this RFP.
15. Questions and Answers: Questions regarding this RFP must be in writing and must be submitted to the CPA Contact Person specified in Part 8, no later than September
1, 2026; 2:00 p.m. CT. Telephone inquiries will not be accepted.
Questions may be submitted by email to the email address specified in
Part 8. CPA intends to post answers to the questions received on the
ESBD on September 4, 2026, or as soon thereafter as practical.
16. Respondent Presentations: N/A
17. Evaluation of Proposals under Best Value Standard (Section 2156.125 of the Texas Government Code):
Criteria Weight
Respondent’s Past Performance, Qualifications & Experience 20%
Compliance with CPA Specifications 50% mailto:bidcpa@cpa.texas.gov http://www.txsmartbuy.gov/esbd
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Cost 30%
Total: 100%
As applicable, the factors listed in Sections 2155.074, 2155.075, 2156.007, and 2157.003 of the Texas Government Code shall also be considered in making an award. Best and Final Offers may be sought from Respondents whose Proposals are ranked most highly by the evaluation committee. However, CPA encourages Respondents to offer their best pricing at all times. CPA reserves the right in its sole judgment and discretion, and at any time upon failure of negotiations, to reissue or withdraw this RFP rather than continue with negotiations.
18. Email Submission Only. Due to changed building access restrictions, Respondents will not be permitted to hand deliver
Proposals to the Issuing Office. Respondents are required to submit Proposals electronically via email with delivery receipt requested in accordance with Section III, Part A.
19. Contact with CPA Staff: Upon issuance of this RFP, employees and representatives of CPA, other than the CPA Contact
Person identified in Part 8, will not discuss the contents of this RFP with any Respondent or its representatives. Failure of a Respondent or any of its representatives to observe this restriction may result in disqualification of any related
Proposal. This restriction does not preclude discussions between the parties to conduct business unrelated to this procurement or to obtain assistance completing Veteran Heroes in Business (VetHUB) subcontracting plan (SP) forms required by this RFP.
RFP # 304-27-0016JW Tx Property Tax Code & Tax Law Publication Services Page 5 of 41
II. Specifications
A. Introduction
The Texas Comptroller of Public Accounts (“CPA” or “Comptroller”), an agency of the State of Texas, issues this Request for Proposals (RFP) to solicit Proposals from qualified vendors to obtain publishing services to produce and maintain the
Texas Property Tax Code and the Texas Property Tax Laws related publications following each regular and special legislative session, as described in this Section II and in this RFP (Services). CPA’s objective is to obtain the Services that represent the best value for CPA and the State of Texas according to the terms and conditions of this RFP.
CPA anticipates making a Contract award to one (1) Successful Respondent for the Services. CPA reserves the right not to award a Contract for the performance of all or part of the Services. This RFP is not exclusive and CPA reserves the right to issue additional solicitations regarding the Services or similar services at any time. All
Respondents are encouraged to offer their best pricing at all times.
All costs associated with the Services must be included in the Respondent’s Proposal. Proposals that do not meet all of the requirements or contain all of the required documentation specified in this RFP may be rejected as non-responsive.
B. Background
CPA, through its Property Tax Assistance Division (PTAD), issues updated editions of the Texas Property Tax Code and the Texas Property Tax Laws following each regular and special legislative session, in accordance with Section 5.05 of the Texas Tax Code. PTAD provides the source legislative updates necessary for these publications. Respondents are not required to independently collect statutes, case law, or Texas Office of the Attorney General (Attorney General) opinions unless specifically instructed by CPA. CPA seeks qualified Respondents to provide editing, publishing, printing, distribution, and digital publication duplication services necessary to produce these publications. Due to the complexity of the legislative session schedule, any Contract will include a skipped year of service within the Contract Term. Therefore, the Contract will begin in 2027, skip service years 2028 and 2030, and conclude in 2031.
C. Definitions and Acronyms
• Award Date or Effective Date. The Award Date/Effective Date is the earlier of the date an authorized representative of CPA (1) issues a Purchase Order (PO) or (2) signs a formal, written agreement.
• Contract. The agreement described in Section II, Part E (Contract Resulting from this Solicitation; Order of Priority), if any.
• Draft Edition. A preliminary version of the complete publication, formatted and structured sufficiently for CPA to conduct full review prior to final production.
• PDF. Portable Document Format.
• Proposal. A response to this RFP.
• Respondent. Any person or entity that submits a Proposal.
• Section 508 Compliant. Compliance with Section 508 of the Federal Rehabilitation Act requires electronic and digital documents to be accessible to individuals with disabilities, including compatibility with screen readers, appropriate tagging structure, and accessible navigation; and compliant with Section 81 (Electronic and Information
Resources Accessibility Standards) of this RFP.
• Special Legislative Session. A legislative session convened outside the regular biennial session, as proclaimed by the Texas Governor under Article 3, Section 40 of the Texas Constitution.
• Successful Respondent. The Respondent awarded a Contract, if any.
• UOM. Unit of Measure. The method is used to quantify printed materials & PDF file Services for pricing purposes.
D. Scope of Services
D.1. General
Respondent must provide the CPA with Services provided at the CPA-approved fees provided in the Contract.
D.2. Requirements
1) Paper: Successful Respondent must use the specified paper (in accordance with Part D.2.5.3) for all copies produced under a Contract, including any drafts. Any changes require CPA approval for the duration of the
Contract.
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2) Paper Weight Disclosure: Successful Respondent must comply with CPA-approved paper weight and internal trim size, in accordance with Part D.2.5.3.
3) Paper Durability Requirements: Successful Respondent must use 40–50# offset publishing paper, in accordance with Part D.2.5.3. The paper must meet durability requirements including resistance to bleed‑through under standard highlighting, tear‑resistance under adhesive tabbing, and structural integrity during routine handling.
4) Methodology for Conflicting Statutes: Respondents must comply with a CPA-approved written explanation detailing its methodology for resolving conflicting statutory enactments in accordance with Texas common law and Texas Government Code § 311.025 and 312.014, in accordance with Part D.2.1., D.2.2. & D.2.9.
5) Schedule and Deadlines Monitoring: Successful Respondent must implement a schedule and deadline monitoring process that ensures timely delivery of all required drafts, revisions, and final publications throughout the entire service period and in alignment with the legislative schedule, in accordance with Parts
D.2.6 and D.2.9.
6) Product Acceptance and Warranty: Successful Respondent must warrant that both print and electronic publications are complete, accurate, defect-free, and updated with all statutory amendments from applicable legislative sessions. This warranty will remain in effect for twelve (12) months following delivery. Any defects or errors identified during the warranty period must be corrected by the Successful Respondent at no additional cost to the Comptroller, in accordance with Part D.2.8.
7) Notification of Errors: Successful Respondent must notify the Comptroller within thirty (30) business days of any material defect or error discovered and must propose corrective action.
8) Intellectual Property Non-Infringement: Successful Respondent must warrant that all materials produced do not infringe on any copyrights, trademarks, patents, or other protected rights.
9) Use of State Authority: Successful Respondent may not suggest Comptroller or State of Texas endorsement in any marketing or promotional materials.
D.2.1. Texas Property Tax Code, Editions 2027, 2029 and 2031(Annotated)
1) Successful Respondent must update and produce the annotated 2027, 2029 and 2031 editions, including:
a. All statutory changes from the most recent legislative session(s).
b. Adding new and revised case law annotations.
c. Adding new Attorney General opinion annotations.
d. Maintaining a complete index and accurate cross-references to Texas Tax Code sections.
e. Excluding all case law and Attorney General opinions issued before 1979.
f. A table of contents at the beginning of each chapter and subchapter.
g. A table of tax code amendments identifying the effect and chapter of each amendment.
h. For subsection updates, include only the revised subsection to preserve historical notes.
2) Comptroller reserves the right to add additional relevant code chapters or articles to publications.
D.2.2. Texas Property Tax Laws, Editions 2027, 2029 and 2031 (Un-Annotated)
1) Successful Respondents must produce the 2027, 2029 and 2031 editions including:
a. All listed statutes and constitutional articles, plus all content included in the 2025 editions.
b. A table of contents at the beginning of each chapter and subchapter.
c. A table of tax code amendments identifying the effect and chapter of each amendment.
d. When subsection updates are required, include only the revised subsection so historical notes remain within the full section.
2) Comptroller reserves the right to add additional relevant code chapters or articles to publications.
D.2.3. File Format (PDF file)
Successful Respondent must provide:
a. A searchable, Section 508 Compliant PDF files of both publications, including required accessibility features such as bookmarks, logical tagging structure, alt text for non‑text elements, and embedded metadata.
b. PDF files mirroring the final print format, including pagination, headings, tables of contents, and cross-references.
c. PDF files suitable for immediate posting on the Comptroller’s website.
D.2.4. Status Updates
Beginning after the Contract Award Date, Successful Respondent must provide written status updates every fourteen (14) business days detailing progress on editing, production, and printing until delivery.
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D.2.5. Document Requirements
1) Statutory Expiration Indicators:
Successful Respondents must clearly differentiate any statute or portion scheduled to expire or be replaced before January 1. Visual indicators may include shaded backgrounds or italics.
2) Formatting Requirements:
a. Provide table of contents at each chapter and subchapter.
b. When updating subsections, include only the subsection being updated.
c. Ensure that all cross-references must be current and accurate.
3) Book Specifications:
Successful Respondents must meet the following production standards:
i. Perfect-bound using durable, high-quality materials, with three-hole punches applied to all pages.
ii. Book size: 8.5 × 10.875 inches.
iii. Paper: 40–50# offset publishing paper.
4) Cover Requirements:
a. Clearly identify that the publication is issued under the authority of the Texas Comptroller of Public
Accounts.
b. Follow the cover format used in the 2025 editions or latest version.
c. Comply with the Comptroller’s cover design guidelines. PTAD will furnish these guidelines to awarded vendor electronically by the specified date.
5) Foreword:
Successful Respondent must include a one‑page foreword provided by CPA in each publication.
D.2.6. Draft Submissions & Delivery
1) Successful Respondents must deliver Draft Editions of the 2027, 2029 and 2031 editions of the Texas Property
Tax Code and the 2027, 2029 and 2031 editions of the Texas Property Tax Laws to PTAD by September 1 (or the following business day if that date falls on a Saturday or Sunday), unless adjusted due to legislative delays authorized by CPA.
2) Comptroller will review drafts and return comments or written approval within twenty-one (21) business days or by September 30, whichever is later. This period may be extended if legislative timelines delay necessary inputs. See Part D.2.9.
3) Final printed editions must be delivered by November 2 (or the following business day if that date falls on a
Saturday or Sunday), or within thirty (30) business days of receiving Comptroller’s comments, whichever is later, unless a schedule modification is approved due to legislative or approval delays.
4) Required print quantities:
• 5,500 printed copies of the Texas Property Tax Code
• 2,500 printed copies of the Texas Property Tax Laws
5) Successful Respondents must deliver searchable Section 508 Compliant PDF files for both editions electronically no later than the specified deadline.
6) Successful Respondent must ship complete orders to arrive during normal CPA Distribution Center’s business hours, which are from 7:00 A.M. to 3:30 P.M. CT. Tracking information must be sent to ptad.cpa@cpa.texas.gov and SSV.Warehouse@cpa.texas.gov.
7) Electronic files must be emailed to ptad.cpa@cpa.texas.gov.
D.2.7. Purchase of Additional Copies
Successful Respondent must provide a detailed minimum order schedule for their tiered pricing of printed copies for each publication, which the Comptroller may choose as an optional purchase.
D.2.8. Error Correction
At no cost to the Comptroller, Successful Respondent must:
a. Correct any errors or omissions identified by the Comptroller.
b. Implement any revisions the Comptroller determines necessary.
c. Reprint only the affected copy(s) unless the Comptroller determines that a full reprint of the entire run is required.
D.2.9. Special Legislative Sessions
If a special legislative session occurs between June 1 and August 1, or any session that begins, ends, or overlaps these dates:
mailto:ptad.cpa@cpa.texas.gov mailto:SSV.Warehouse@cpa.texas.gov mailto:ptad.cpa@cpa.texas.gov
RFP # 304-27-0016JW Tx Property Tax Code & Tax Law Publication Services Page 8 of 41
a. Successful Respondents must incorporate all statutory changes into the Texas Property Tax Code and Laws editions.
b. A revised draft must be submitted by September 22 (or the following business day if that date falls on a
Saturday or Sunday).
c. Comptroller comments or approval will be provided within twenty-one (21) business days or by October 13
(or the next business day, if that date falls on a Saturday or Sunday), whichever is later.
d. Successful Respondents will have thirty (30) business days from approval to deliver final printed editions.
D.2.10. Special Legislative Sessions Beginning September 1 or later:
If a special legislative session occurs after September 1 or any session that begins, ends, or overlaps that date:
a. Successful Respondents must incorporate all statutory changes into the Texas Property Tax Code and Laws editions.
b. A revised draft must be submitted within thirty (30) days after the end of the Session.
c. Comptroller comments or approval will be provided within twenty-one (21) business days after the draft is received.
d. Successful Respondents will have thirty (30) business days from approval to deliver final printed editions.
D.3. CPA Data Safeguard Standards.
a. Defined Terms. The term “CPA Data” refers to CPA’s information as well as other entity information in the possession of CPA that is processed, stored, or transmitted by a computer. CPA Data includes all data that is generated by
Successful Respondent in performance of a contract with CPA. The term “CPA Information System” refers to those devices, software, networks and related infrastructure that CPA owns, operates or has obtained for use to conduct CPA business. Devices include, but are not limited to, CPA-owned or managed storage, processing, and communications devices, as well as personally owned devices.
b. Access to CPA Data. Successful Respondent represents and warrants that it will implement, maintain, and use appropriate administrative, technical, and physical safeguards to preserve the confidentiality, integrity, and availability of CPA Data. Successful Respondent will not collect, access, use, disclose, or retain CPA Data other than as necessary to perform the services specified in a contract resulting from this solicitation or as otherwise authorized in writing by
CPA. Successful Respondent will restrict access to CPA Data to only those personnel who must have the information on a “need to know” basis. Successful Respondent will not use CPA Data, or any information derived from CPA Data, for its own benefit or the benefit of any other person or entity. Successful Respondent will not share CPA Data with its parent company or other affiliate without CPA’s express written consent. If communications with Contractor necessitate the access or use of confidential Comptroller information, upon Comptroller’s written consent, Contractor shall require each individual who will require access to or may be exposed to Comptroller’s confidential information to sign the Confidential Treatment of Information Acknowledgment (CTIA) form (Attachment I).
c. Web-Based Remote Access to CPA Information Systems. Successful Respondent may use third-party web-based remote access connections to CPA Information Systems to provide support services under the following conditions:
1. CPA shall affirmatively initiate and accept Successful Respondent’s connections to CPA Information Systems.
2. CPA shall monitor Successful Respondent’s connections to CPA Information Systems for the duration of the
Services.
3. CPA shall terminate Successful Respondent’s connections to CPA Information Systems upon completion of the
Services.
d. Reserved.
e. Reserved.
f. Location of CPA Data. Successful Respondent shall ensure that CPA Data (i.e., primary and backup) remains, at all times, within the continental United States. Successful Respondent shall receive, process, transmit, and store all CPA
Data within the continental United States. Successful Respondent’s point of access to CPA Data shall be within the continental United States.
g. Reserved.
h. Reserved.
i. Auditable Information Security Framework. Successful Respondent 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
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Organization for Standardization (ISO) 27001. In its response to this solicitation, Successful Respondent shall disclose its adopted information security framework.
j. Defects and Vulnerabilities. Upon Contract award and during the term of the Contract, Successful Respondent shall provide CPA with prompt, written notice upon Successful Respondent’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.
k. Supply Chain Risk Management. Successful Respondent shall provide CPA’s Contract Manager a description of how it manages supply chain risks. Specifically, Successful Respondent 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, Successful Respondent 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. Successful Respondent shall notify CPA of a supply chain compromise and potential compromise in accordance with Section G Security Incident
Notification.
l. Reserved.
m. Reserved.
n. Third-Party Service Providers. It is Successful Respondent’s sole responsibility to ensure that its access and the access
Successful Respondent grants to its service providers to CPA Data or CPA Information Systems does not result in unauthorized access to CPA Data or CPA Information Systems.
o. Reserved.
p. Reserved.
q. Reserved.
r. Prohibited Technology. Successful Respondent shall not use covered applications or prohibited technologies in its technology solutions or services provided to Comptroller. In addition, Successful Respondent 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.
s. Use of Artificial Intelligence. Successful Respondent shall comply with all federal and state laws and regulations for artificial intelligence. Successful Respondent shall implement and maintain the following.
a. Transparency. Disclose the artificial intelligence (AI) that Successful Respondent 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 CPA data to train AI model(s), the configuration settings and options to disable or opt out of using the AI.
b. Artificial Intelligence Inventory. Successful Respondent shall implement and maintain an inventory of the AI used in Successful Respondent’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 Successful Respondent shall support Comptroller’s compliance by providing the inventory information upon Comptroller’s written request.
c. Monitoring. Successful Respondent shall monitor AI for query attacks, malicious inputs, and perturbations for model manipulation, theft, data poisoning, and data drift. Successful Respondent shall establish model integrity validation checks and data poisoning detection capabilities. Successful
Respondent 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 Successful
Respondent’s other customers or outside the boundaries of the Comptroller’s systems.
d. Disclosure Notice. Successful Respondent 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 CPA data.
e. Data Ownership. Successful Respondent shall acknowledge that Comptroller owns CPA data. If
Successful Respondent uses generative AI to provide services to customers of a CPA system, Successful
Respondent shall ensure that the AI cannot provide CPA data to Successful Respondent’s other customers or outside the boundaries of the Comptroller’s systems.
t. Reserved.
https://dir.texas.gov/information-security/covered-applications-and-prohibited-technologies
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u. Reserved.
v. Reserved.
w. Reserved.
D.4. Liquidated Damages. In submitting a Proposal, Respondent agrees that the measure of damages in the event of a default or breach by Successful Respondent may be difficult or impossible to calculate. In the event Successful Respondent fails to perform Services or complete the obligations under the Contract in a timely manner, CPA may require Successful
Respondent to pay, as liquidated damages and not as a penalty, an amount equivalent to two percent (2%) of the total cost for Services or obligations not completed as required by the Contract per calendar day of delay. CPA may impose, but is not obligated to impose, these liquidated damages in lieu of any monetary damages available to CPA under the Contract or applicable law.
D.5. Optional Features, Products or Services. If Respondent believes there are additional features, products or services that would benefit CPA under this RFP, Respondent may describe such features, products or services and include pricing for such features, products or services in the Mandatory Price Sheet. Optional features, products or services are not scored as part of the evaluation process.
E. Contract Resulting from this Solicitation; Order of Priority
Respondent’s Proposal is a legal offer to contract based upon the terms, conditions, and specifications set forth in this RFP.
“Contract” means (1) a valid PO issued by CPA or (2) a formal, written agreement between CPA and Successful
Respondent, if any. The Contract is effective as of the Award Date and will be between CPA and the Successful
Respondent. Successful Respondent shall be solely responsible to CPA for all performance by Successful Respondent’s employees, representatives, agents, subcontractors, suppliers, third-party service providers, and similar entities (“Persons” for purposes of this sentence) and for ensuring that all such Persons comply with applicable provisions of this RFP and the
Contract. The entire Contract between CPA and Successful Respondent shall consist of the following documents, which shall control in the following order of priority, except as otherwise provided in the formal, signed agreement between the parties or CPA’s PO: (1) the PO and PO Change Notices (POCN), if any; (2) the formal, signed agreement, if any; (3) this
RFP; and (4) Successful Respondent’s Proposal (collectively, these documents constitute the “Contract”).
F. Warranty of Performance
Successful Respondent represents and warrants that its performance under the Contract shall be conducted conscientiously in a professional and workmanlike manner to the full extent of Successful Respondent’s talents and capabilities with due diligence and in full compliance with the highest professional standards of practice in the industry applicable to the
Services.
G. Security Incident Notification
Successful Respondent shall have policies and procedures for the effective management of Security Incidents, which shall be made available to CPA upon written request. Within twenty-four (24) hours of Successful Respondent’s discovery or reasonable belief that there has been an event which results in the accidental or deliberate unauthorized access, loss, disclosure, modification, disruption, or destruction of confidential CPA information (“Security Incident”), Successful
Respondent shall provide notice to CPA by calling (800) 531-5441 EXT 34357. Until the investigation is complete, Successful Respondent shall submit, on a daily basis or as otherwise agreed by CPA, 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 Successful Respondent discovered incident,
• Type of CPA information involved,
• Description of the nature of the incident,
• Description of the steps Successful Respondent has taken or will take to investigate incident,
• Description of the steps Successful Respondent has taken or will take to mitigate any negative impacts of incident,
• Information technology involved (e.g., laptop, server, mainframe), mailto:security.alerts@cpa.texas.gov
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• Description of steps taken to preserve computer evidence and maintain chain of custody, and
• Description of corrective action Successful Respondent has taken or will take to prevent future incidents.
Successful Respondent shall coordinate all media or other breach notifications with CPA in advance of such notification(s), unless expressly prohibited by law. Subject to review and approval of CPA, Successful Respondent 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 CPA, 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 CPA by Successful Respondent. If
Successful Respondent does not reimburse such costs within thirty (30) days of CPA’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, Successful Respondent 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).
H. Insurance and Bonds
Successful Respondent represents and warrants that it shall obtain and maintain the following coverages throughout the term of the Contract and that all coverages shall be with companies licensed in Texas with an “A” rating from A.M. Best
Co. authorized to provide the required coverages:
• Blanket Employee Dishonesty Bond or Employee Dishonesty Coverage under a liability insurance policy with a minimum $25,000 for each individual who will provide Services. A rider or endorsement shall name the Texas
Comptroller of Public Accounts as loss payee or additional named insured under the respective bond or policy.
• Standard Workers Compensation Insurance covering all individuals who will provide Services.
• Commercial General Liability Insurance: $1,000,000 minimum each occurrence limit; $2,000,000 minimum aggregate limit.
• Professional Liability Insurance: $1,000,000 minimum each occurrence limit; $2,000,000 minimum aggregate limit.
All of the above policies and bonds shall contain endorsements prohibiting cancellation except upon thirty (30) calendar days’ prior written notice to CPA. Successful Respondent shall furnish proof to CPA of such coverage in the form of a
Certificate of Insurance from Successful Respondent’s insurance carrier(s) indicating the required coverages. The certificate shall be addressed to CPA as the certificate holder. Successful Respondent shall submit proof of required insurance coverage withing five (5) days after the Effective Date, and annually thereafter, via email, referencing the PO number, to the following address: contract.administration@cpa.texas.gov.
I. Criminal Background Investigation
1. Criminal Background Investigation by Successful Respondent. Prior to an Assigned Personnel commencing Services under the Contract, Successful Respondent shall conduct a criminal background investigation and provide written notice via email to CPA’s Criminal Investigation Division of any Assigned Personnel that have any felony criminal conviction(s). If any information for the Assigned Personnel changes during the Contract Term, Successful
Respondent shall provide written notice via email to CPA’s Criminal Investigation Division no later than three (3) business days after Successful Respondent’s discovery of such changed information that relates to felony criminal conviction(s). Written notice to CPA’s Criminal Investigation Division shall be submitted to cid.analysts@cpa.texas.gov.
Successful Respondent’s exercise of due diligence in conducting the criminal background investigation shall include, at a minimum, the following: (1) compliance with Successful Respondent’s published policies and procedures for background and criminal conviction checks and (2) a comprehensive search of the public information portion of Texas
Department of Public Safety criminal conviction database located at:
https://publicsite.dps.texas.gov/ConvictionNameSearch/. If Successful Respondent asserts that a search of the Texas
Department of Public Safety criminal conviction database is not appropriate for a particular Assigned Personnel, Successful Respondent must provide written notice via email to CPA’s Criminal Investigation Division that explains the proposed alternate approach for conducting the criminal background investigation.
For purposes of this clause, “Assigned Personnel” includes, without limitation, all individuals provided by Successful
Respondent under the contract resulting from this RFP who will or may (1) be assigned as lead or key personnel; (2) provide Services on-site at CPA’s premises; or (3) access CPA information resources, i.e., the procedures, equipment, and software that are employed, designed, built, operated, and maintained to collect, record, process, store, retrieve, mailto:contract.administration@cpa.texas.gov mailto:cid.analysts@cpa.texas.gov https://publicsite.dps.texas.gov/ConvictionNameSearch/
RFP # 304-27-0016JW Tx Property Tax Code & Tax Law Publication Services Page 12 of 41 display, and transmit information, and associated personnel including consultants and contractors. At CPA’s written request, Successful Respondent shall replace Assigned Personnel that has any felony criminal conviction(s).
Within five (5) business days of receipt of a written request by CPA’s Criminal Investigation Division during the
Contract Term, Successful Respondent shall provide written notice to CPA’s Criminal Investigation Division of any
Assigned Personnel that have any felony criminal conviction(s).
2. Criminal Background Investigation by CPA. At CPA’s discretion, CPA may conduct a criminal background investigation on Successful Respondent’s Assigned Personnel. Should any Assigned Personnel not be acceptable to CPA due to a finding of felony criminal conviction(s) as a result of the criminal background investigation, Successful Respondent shall replace such Assigned Personnel upon CPA’s written request or CPA may terminate the Contract.
3. Remedies. If CPA becomes aware that Successful Respondent provided false information, Successful Respondent fails to promptly notify CPA of changed information that related to felony criminal convictions, or Successful Respondents fails to replace Assigned Personnel as required by this Section, Successful Respondent shall be in breach of contract and CPA shall have the option to terminate the Contract without further obligation to Successful Respondent as well as pursue all other remedies and rights available to CPA under contract, at law, or in equity.
J. Contract Term; Survival of Terms
The Initial Term of the Contract shall be from January 1, 2027 to December 31, 2027. CPA may, in its sole discretion, exercise the option to extend the Contract for up to four (4) additional, one (1) year periods. The optional additional periods are January 1, 2028 through December 31, 2028 (no Services expected); January 1, 2029 through December 31, 2029;
January 1, 2030 through December 31, 2030 (no Services expected); and January 1, 2031 through December 31, 2031.
“Contract Term” means the Initial Term and any optional additional periods exercised. To exercise an option to extend the term, CPA will notify Successful Respondent; such notice may be by PO issuance. Termination of the Contract for any reason shall not release Successful Respondent from liability or obligation set forth in the Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination, e.g., indemnification, confidentiality, dispute resolution, records retention, CPA data security terms, and right to audit.
K. Acceptance Criteria
Prior to payment, CPA will evaluate the provided products and/or Services using the following criteria and any additional acceptance criteria agreed to by the parties prior to the Award Date and included in the Contract:
1. The products and/or services must meet all specifications and standards of performance in the Contract; and
2. The products and/or services must comply with all published specifications in this RFP and/or the Contract.
L. Payments
Payment(s) to Successful Respondent will be based upon the schedule described in Section IV (Mandatory Price Sheet) and the Contract. CPA makes no express or implied warranty whatsoever that any minimum compensation or minimum quantity will be guaranteed under the Contract. Payment shall be made in accordance with the Texas Prompt Payment Act, Chapter 2251 of the Texas Government Code (“Chapter 2251”) and Chapter 2251 shall govern remedies for late payment and nonpayment. Payments will be made to Successful Respondent as provided in Section V, Provision for Direct Deposit or Warrant.
M. Discounts
If Successful Respondent provides a discount on the final Contract costs at any time during the Contract Term, Successful
Respondent will notify CPA in writing ten (10) calendar days before the effective date of the discount. CPA will generate a POCN and send it to Successful Respondent. If an early payment discount is available to CPA, then Respondent’s
Proposal must describe the early payment discount offered and the discount percentage that would apply to CPA’s early payment within ten (10), fifteen (15), twenty (20) or twenty-five (25) calendar days after receipt of a correct invoice.
Successful Respondent shall also specify any applicable, early payment discount option(s) on each submitted invoice.
N. PO Addition and Deletion
CPA reserves the right, in its sole discretion, to add or delete products or Services during the Contract Term. All additions or deletions will be processed through CPA’s Procurement Section. The rate at the time of the addition or deletion shall be the same as the rate quoted in the Contract for the same model product or Service. The effective date of any addition or deletion will be no later than five (5) business days after receipt of CPA’s written notification of the addition or deletion.
For this purpose, written notification includes registered mail, regular mail, or email with confirmation receipt.
RFP # 304-27-0016JW Tx Property Tax Code & Tax Law Publication Services Page 13 of 41
For any additions, CPA’s Procurement Section will provide a POCN to Successful Respondent. The total number of additions allowed to CPA is determined by the number CPA chooses to purchase. For any deletions, CPA’s Procurement
Section will provide a POCN to Successful Respondent with the effective date of the deletion, the amount of the reduction or refund (if any), and the equipment serial number or other specific equipment information to identify equipment, if applicable.
O. VetHUB Subcontracting Plan Information
In accordance with Section 2161.252 of the Texas Government Code and 34 Texas Administrative Code §20.285, each state agency that considers entering into a contract with an expected value of $100,000 or more over the life of the contract
(including any renewals) shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. If subcontracting opportunities are probable, each state agency’s invitation for bids, requests for proposals, or other purchase solicitation documents with an expected value of $100,000 or more shall state that probability and require a Veteran Heroes United in Business (VetHUB)
Subcontracting Plan (SP).
CPA has determined that subcontracting opportunities are probable and requires Respondents to complete the State of
Texas VetHUB Subcontracting Plan (SP) form located at: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.
For purposes of the HSP, CPA has determined that this procurement falls under the following category:
Special Trade Construction ____ Professional Services ____ Other Services x___ Commodities ____
CPA has identified possible subcontracting opportunities in Section II.D.2(6).
- - Agency Special Instructions/Additional Requirements - -
The Texas Comptroller of Public Accounts is committed to increasing contracting opportunities with VetHUBs by contracting directly with VetHUBs or indirectly through subcontracting opportunities in compliance with
Chapter 2161 of the Texas Government Code.
A bid/proposal/offer to a solicitation with an expected value of $100,000 or more must contain a completed SP and supporting documentation to be considered responsive. CPA may reject an HSP that was not developed in good faith or completed. After Contract award, Successful Respondent may be subject to debarment pursuant to Section 2161.253(d) of the Texas Government Code if any modifications are made to the SP without PRIOR approval from CPA.
For assistance in completing the SP, Respondent may visit the following website:
https://comptroller.texas.gov/purchasing/vendor/hub/. The SP is available as part of this solicitation package on the ESBD website, available at: http://www.txsmartbuy.gov/esbd. Respondents may send an SP review request to the CPA Contact Person provided in this solicitation. CPA will provide a courtesy SP review if the request is received no later than the date questions are due for this solicitation.
If Respondent is not subcontracting any portion of the Contract, Sections 1, 2(a), 3 and 4 of the SP must be completed.
If Respondent is subcontracting some portion of the Contract, the supporting documentation of “Good Faith
Effort” must be demonstrated in either Method A (Attachment A) or Method B (Attachment B) of the SP.
The Texas Comptroller of Public Accounts requests all Respondents to consider utilizing VetHUBs in subcontracting areas listed below; however, this list should not be considered exhaustive.
Class Item Description
966 72 Printing of Annotated Laws, Rules, and Changes from the Legislature, Courts, etc. (Copyrighted)
715 12 Books, Reference, Including CD Versions
715 46 Legal Books and Publications https://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://comptroller.texas.gov/purchasing/vendor/hub/ http://www.txsmartbuy.gov/esbd
RFP # 304-27-0016JW Tx Property Tax Code & Tax Law Publication Services Page 14 of 41
In accordance with 34 TAC §20.285(d)(1)(D)(iii), a Respondent (prime contractor) may demonstrate a good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of
Respondent’s subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a Respondent uses this method to demonstrate a good faith effort, the Respondent must identify the HUBs with which it will subcontract. If using existing contracts with
Texas certified HUBs to satisfy this requirement, only contracts that have been in place for five years or less shall qualify toward meeting the HUB goal.
P. Respondent Documents
All Respondent documents that are related to the Services, this RFP, Respondent’s Proposal, or a resulting Contract including, but not limited to, boilerplate service agreements, service schedules, published specifications, warranty information, terms of service, ordering documents, license agreements and maintenance agreements, are collectively referred to in this RFP as “Respondent Documents.” Respondent must include copies of all proposed Respondent
Documents with Respondent’s Proposal. Upon written request, Respondent shall promptly provide CPA a Word version of specific Respondent Documents. CPA reserves the right, in its sole discretion, to amend the Respondent Documents to conform to this RFP and Texas law and provide them to Respondent for approval and signature prior to contract award.
Respondent Documents that are (1) submitted as part of the Proposal and (2) amended to conform to this RFP and Texas law through mutual, written agreement of Successful Respondent and CPA will be incorporated as part of the Contract.
Q. Respondent Exceptions
If Respondent takes any exception to any provisions of this RFP, the exceptions must be specifically and clearly identified by section number in Respondent’s Proposal as required by Section XII (Respondent Exceptions). Respondent’s proposed alternative must also be provided in a chart similar to the one provided in Section XII. If a Respondent takes a “blanket exception” to the entire RFP or does not propose alternate language for CPA’s consideration, Respondent’s Proposal may be considered non-responsive and disqualified from further consideration.
Respondents are strongly encouraged to submit any inquiries regarding specific terms or conditions of this RFP during the question-and-answer period designated in Section I (Summary).
R. Respondent’s Past Performance; Vendor Performance Tracking System
Comptroller may conduct reference checks with other entities regarding past performance of Respondent and its subcontractors, if any. In addition to evaluating performance through the Vendor Performance Tracking System (VPTS) as authorized by Section 2262.055 of the Texas Government Code, Comptroller may examine other sources of vendor performance, including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Such sources of Respondent performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, Comptroller may initiate such examinations of Respondent performance based upon media reports.
Any such investigations shall be at the sole discretion of Comptroller, and any negative findings, as determined by
Comptroller, may result in a non-award to Respondent. VPTS information is located on Comptroller’s website at:
https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/.
https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/
RFP # 304-27-0016JW Tx Property Tax Code & Tax Law Publication Services Page 15 of 41
III. Proposal Submission Requirements
A. Delivery of Proposal
1. Respondent must submit its Proposal electronically…
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