ESBD_559819_1789592689528_RFP 300-26-07176 Cable Television Services Part A.pdf

STATE OF TEXAS

OFFICE OF THE GOVERNOR

INFORMATION SERVICES DIVISION

REQUEST FOR PROPOSALS

for

CABLE TELEVISION SERVICES, INCLUDING PAY-PER-VIEW SERVICES

Solicitation No. 300-26-07176

NIGP CLASS ITEMS

915-24

Response Date and Due Time: October 16, 2026 no later than 2:00 pm CT

Point of Contact Michael White CTCD, CTCM

CTCD/CTCM 1900023968

Procurement and Contract Manager

Office of the Governor of Texas Financial Services Division

P.O. Box 12428 Austin, TX 78711-2878

512-463-0394 michael.white@gov.texas.gov

PART A: SPECIFIC TERMS AND CONDITIONS

Solicitation No. 300-26-07176 - Part A

1. STRUCTURE OF SOLICITATION

This Solicitation is composed of three parts:

Part A: Specific Terms and Conditions, including exhibits and other attachments and appendices, if any;

Part B: Standard Terms and Conditions; and Part C: Provisions Governing the Solicitation Process.

Resolution of Conflicting Provisions. In the event an instruction or term in Part A conflicts with an instruction or term in Part B or Part C, the instruction or term in Part A prevails. Any addenda or amendment to Part A, Part B, or Part C control over their original versions, respectively.

2. GLOSSARY OF TERMS

This Glossary assigns definitions to the listed terms. The definition given to a term listed in this Glossary applies whenever the term appears in any Part of or Exhibit to this Solicitation and in any response to this Solicitation.

Capitol Channels. Cable television channels otherwise only available on televisions and entities located within the Texas Capitol office complex, including, but not necessarily limited to, Information Channel 275.1 and those listed on Information Channel 275.1, which broadcast Texas Legislative hearings and proceedings.

Equipment. Computer hardware, routers, telecommunication devices, peripherals, and similar materials (and all modifications, replacements, upgrades, enhancements, documentation, materials, and media related thereto) that are used or provided in connection with the Contract or Deliverables related to this Contract.

Monthly Service Fees. The firm, fixed monthly fee that will be charged by the Contractor to fully compensate the Contractor and, if applicable, supporting subcontractors, for the costs of all of the Contractor’s in-house services, goods, and administrative expenses required to complete work under the Contract. Such expenses include, but are not limited to, all labor (e.g., all agency account service; project and account management, direction, supervision, and coordination; accounting and billing services; administrative support; legal services and fees; facilities; and equipment necessary to meet Contract performance requirements). The Monthly Service Fee also includes all incidental and normal business operating expenses, such as local and long-distance phone (landline and mobile) calls; facsimile; local travel; postage; local courier service; internal copying; supplies; materials; parking; and other ongoing services performed or required for routine performance. The Monthly Service Fee does not include Regulatory Fees or Installation Fees.

Installation Fees. One-time fees to be charged by the Contractor for the installation of any equipment related to the provision of Deliverables.

Regulatory Fees. All applicable Federal Communication Commission (FCC), Texas Public Utilities Commission (PUC), or other statutorily authorized fees and surcharges applicable to the Deliverables.

3. GENERAL INFORMATION

Purpose of Procurement.

The OOG seeks to procure cable television services for its facilities located at 400 West 15th Street, Austin, Texas 78701. Among other standard services described further herein, the required cable television services include providing the OOG with cable television access to Capitol Channels.

The OOG believes that the requested items in this Solicitation may be proprietary to one vendor under Section 2155.067 of the Government Code; however, the OOG strongly encourages offers from all qualified Respondents that may be able to provide the requested items.

Procurement Authority

Pursuant to Sections 2157.001(1)(C), 2157.006, and 2157.068 of the Texas Government Code, the OOG is required to procure “automated information systems” such as cable television services through the Texas Department of Information Resources (“DIR”) unless the OOG has obtained an exemption from DIR. If the OOG has obtained an exemption from DIR, the OOG may procure cable television services through a Request for Offers. The OOG has obtained an exemption from DIR to procure cable television services and is procuring cable television services via this Solicitation. In addition, the OOG has been delegated authority to contract for these services by the Texas Comptroller’s Statewide Procurement Division under Texas Government Code, Section 2155.132.

Term of Contract

3.3.1. Primary Term

The primary term of any Contract awarded as the result of this Solicitation shall commence on date of last signature (“Effective Date”), and shall terminate on August 31, 2027, unless terminated earlier pursuant to the terms of the Contract. The primary term plus any renewal terms or extensions, if any, shall constitute the “Contract Term.”

3.3.2. Renewal Term

The OOG shall have the right to renew the term of the Contract for up to three additional twelve month periods through August 31, 2030 with consideration to Contractor performance. The OOG shall provide the Contractor with written notice of its intention to renew the term of the Contract in writing at least thirty days prior to the Contract termination date.

3.3.3. Optional Extension

Upon the exhaustion of any and all renewal terms, the OOG may, in its sole discretion, extend the term of the Contract in any increment of months for up to six months if the OOG determines that an extension is necessary to facilitate a transition to a new vendor.

The OOG shall provide the Contractor with written notice of its intention to extend the term of the Contract in writing at least thirty days prior to the Contract termination date.

Any compensation to the Contractor for this extension period would be based upon negotiated rates between the OOG and the Contractor and/or the reimbursement for actual expenses.

Office of the Governor’s Point of Contact Information. The mailing address of the OOG for all notices is:

Michael White, CTCD, CTCM CTCD/CTCM No. 1900023968 Procurement and Contracts Manager Office of the Governor of Texas Financial Services Division P.O. Box 12428 Austin, Texas 78711-2878 512-463-0394 michael.white@gov.texas.gov

Captions and Headings

The captions to the sections of this Solicitation are for convenience only and shall not affect the construction or interpretation of the Solicitation’s substantive terms.

4. STATEMENT OF WORK – SERVICE REQUIREMENTS

Deliverables

Deliverables shall include, but are not limited to, the requirements contained in this Solicitation.

Deliverables set forth that contain the words “must” or “shall” are mandatory and must be provided as specified with no alteration, modification, or exception. Deliverables set forth that contain the words “may” or “can” allow Respondents to offer alternatives to the manner in which the Deliverables are provided.

mailto:michael.white@gov.texas.gov

4.1.1. Objectives and Required Services

The OOG is seeking a cable television service provider for its offices located at 400 West 15th Street in Austin, Texas.

4.1.2. Required Deliverables

• Delivery to approximately 80 televisions;

• Delivery of local channels (including, but not limited to, ABC, CBS, Fox, NBC);

• Delivery of cable news channels (including, but not limited to, CNN, Fox News, MSNow);

• Delivery of Capitol Channels;

• Content delivered via streaming app on a supported platform (such as Google TV or

Roku), with no wiring required to televisions (e.g. wireless streaming stick); and

• Ability to select channels in package, and/or ability to block, hide, or PIN-protect certain channels.

4.1.3. Timeline for Deliverables Provided

Cable television services must commence no later than seven (7) days after the Effective Date and shall be pro-rated if not provided on the first of the respective month.

4.1.4. Contractor’s Relationship to the OOG

The OOG is a part of the executive branch of Texas state government, and does not relinquish control over decisions related to the Deliverables specified in Part A of this Solicitation to the Contractor. Rather, the Contractor shall provide all Deliverables under the Contract with the OOG’s prior approval.

Contracted Account Staff

The Contractor shall dedicate qualified professional staff who have demonstrated experience in providing the Deliverables necessary for the completion of Contract requirements. The Contractor must dedicate an Account Manager to oversee all activities of the Contract including, but not limited to, the management, accounting for the entire Contract, billing and reporting. The Account Manager will be the OOG’s primary day-to-day contact. The OOG reserves the right to approve and accept key professional staff, including the Account Manager. The Contractor must notify the OOG in writing if key professional staff cannot continue on the account, and the OOG must approve replacement personnel.

End of Contract Transition

Upon any termination of the Contract, beginning at a time determined solely by the OOG, the OOG may require the Contractor to provide all necessary work products to ensure account transition, account familiarization, and transfer of work to any new vendor of the OOG. The OOG may, in its sole discretion, maintain concurrent contracts for a limited period in order to facilitate this transition.

4.4 Telecommunications Fees, Surcharges, and Taxes

4.4.1 Fees and Surcharges

All applicable Regulatory Fees in effect as of the date of this Solicitation which may appear on billings to the OOG are disclosed in the appropriate section of the Cost Proposal, in the form set forth in Exhibit E of Part A of this Solicitation. Any additional FCC, PUC, or other authorized fees or surcharges applicable to any Deliverable may only be imposed during the Contract Term, upon a written amendment of the Contract to authorize such imposition under the Contract. The Contractor acknowledges the OOG is an agency of the State of Texas, and is exempt from the imposition and collection of certain state fees, including the Texas Universal Service Fund charge and the Texas Infrastructure Fund assessment.

In addition, the OOG has additional exemptions from state fees, including the 9- 1-1 emergency service fee, 9-1-1 equalization surcharge, poison control surcharge, and late charges imposed under Section 55.010, Texas Utilities Code. The Contractor agrees to not bill for any items which are not mandated by the FCC, PUC, or other proper authority and which are otherwise not applicable to the Deliverables and for which the Contractor has requested and received valid exemption certificates from the OOG. The Contractor agrees to promptly correct any incorrect billings of fees and surcharges that occur. The Contractor acknowledges that OOG makes no representation about its exemption status. The Contractor must request and receive any exemption certificates that may apply from the OOG.

4.4.2 Changes in the Law or Fee Structures

During the Contract Term, all changes in the law or fee structures, which creates or authorizes the Contractor to impose an unlisted fee or surcharge on the Deliverables, which the Contractor desires to impose, shall require an amendment in order to be effective against the State and the OOG. In the event of a change in the law or fees and surcharges structures, which results in an exemption from payment in favor of the State or the OOG, the Contractor shall give effect to the exemption without the necessity of an amendment to the Contract.

4.4.3 Taxes

The Contractor acknowledges that the OOG is exempt from State sales, use, and excise taxes, Section 151.309, Texas Tax Code, and federal excise tax, 26 USC Sections 4253 (i) and (j). The Contractor further acknowledges that the OOG is exempt from the assessment and collection of sales taxes imposed by political subdivisions of the State, in accordance with Sections 321.208 (municipalities) and 323.207 (counties), Texas Tax Code. The OOG shall issue a tax exemption certificate upon request to the Contractor. The Contractor acknowledges that the OOG makes no representation about its exemption status. The Contractor must request and receive any exemption certificates that may apply from the OOG.

4.5 Risk of Loss or Damage

The Contractor bears all risk or loss of damage due to (1) defects in Deliverables; (2) unfitness or obsolescence of Deliverables; and (3) the negligence or intentional misconduct of the Contractor or its employees, agents, or Subcontractors.

4.6 Shipment

The Contractor will ship all Equipment, if any, related to the provision of the Deliverables, freight prepaid, freight on board (FOB) OOG’s destination or other designated location. The method of shipment will be consistent with the nature of the Equipment and hazards of transportation.

Regardless of FOB point, the Contractor agrees to carry adequate freight insurance and bear all risks of loss, damage, or destruction of Equipment, in whole or in part, ordered under the Contract that occurs prior to written acceptance, except loss or damage attributable to the OOG’s fault or negligence; and such loss, damage, or destruction will not release the Contractor from any obligation hereunder. After written acceptance, the risk of loss or damage will be borne by the OOG, as appropriate, except loss or damage attributable to the Contractor’s fault or negligence.

4.7 Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH ELSEWHERE IN THIS CONTRACT, NEITHER

PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR

IMPLIED, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR

WARRANTY OR MERCHANTABILITY OR, FITNESS FOR A PARTICULAR

PURPOSE, OR ANY WARRANTY ARISING BY USAGE OF TRADE OR COURSE OF

DEALING.

4.8 Workmanship and Performance

4.8.1 Standards of Quality

All Deliverables provided under this Contract will be provided in a manner consistent with the standards of quality as outlined in this Contract.

4.8.2 Levels of Performance

All Deliverables must meet or exceed the required levels of performance specified in or pursuant to this Contract, and will meet or exceed the OOG’s objectives, as set forth in Section 4.1 of this Solicitation.

4.8.3 Workmanlike Manner

The Contractor shall, and it shall cause Contractor personnel and Subcontractors, to provide the Deliverables in a workmanlike manner, in accordance with best practices and high professional standards consistent with applicable industry standards used in well-managed operations providing Deliverables similar to the Deliverables under this Contract.

4.9 Equipment and Materials

Contractor agrees that all Equipment and materials used in fulfilling the requirements of this Contract are of high-quality and consistent with or better than applicable industry standards, if any.

All Deliverables provided pursuant to this Agreement shall be of high professional quality and workmanship and according consistent with or better than applicable industry standards, if any.

5. FINANCIAL TERMS AND CONDITIONS

Maximum Contract Amount

The OOG’s maximum liability to the Contractor, in consideration for the full, satisfactory and timely performance of all its duties, responsibilities and obligations as set forth in the Contract or arising out of any performance as the result of this Solicitation, shall not exceed (amount to be determined at time of Contract award) (“Maximum Contract Amount”) for the initial Performance Period beginning Effective Date. The Contractor will not be compensated for Deliverables provided before the Effective Date of the Contract. The Contractor shall have no entitlement to payment of the Maximum Contract Amount.

6. TIMELINE FOR SOLICITATION

Calendar of Events

Time is of the essence in the providing the Deliverables required by the Contract. The OOG may require the Contractor to provide Deliverables according to a date-sensitive schedule.

The OOG reserves the right to revise any of the time periods listed below and will post all changes by published Addendum on the ESBD at http://www.txsmartbuy.com/esbd.

http://www.txsmartbuy.com/esbd

Event Date

Solicitation Posting Date 09/16/2026 Deadline for Respondent Submission of Solicitation Questions

09/22/2026

The OOG’s Response to Questions Posted on the ESBD 09/29/2026 Deadline for Respondent HSP Courtesy Review Request 09/29/2026 OOG Provides HSP Courtesy Review 10/06/2026 Deadline for Respondent Submission of Response 10/16/2026 Anticipated Start Date 11/01/2026

7. EVALUATION SCORING CRITERIA

Weighted Evaluation Scoring Criteria. The OOG will evaluate Responses using the following weighted scoring criteria, subject to overall best value considerations as authorized by law. The evaluation process and criteria are further described in-depth in Part C of the Solicitation.

Criteria Weight Phase I Company Information and Financial Responsibility 5% Experience, Qualifications, and References 20% Response Content and Responsiveness 20% Proposed Solution 35% Compensation Sought 20% Total 100%

Detailed Evaluation Criteria. The OOG will use the following standards:

7.2.1. Company Information and Financial Responsibility. The OOG will review company information and Financial Responsibility, as provided in Tab 3 of the Response, including a review of the Respondent’s demonstrated financial capacity to provide the Deliverables described in Part A of this Solicitation.

7.2.2. Experience, Qualifications and References. The OOG will review the qualifications, experience and resources of each Respondent, and each Respondent’s past experience in servicing accounts of similar type and scope as required by the OOG, as provided in Tabs 4, 5, and 6 of the Response. This evaluation may include, but is not limited to, demonstrated success in providing similar Deliverables, provided work samples, proposed account personnel, past performance, and each Respondent’s resources and capability to provide the

Deliverables.

7.2.3. Response Content and Responsiveness. The OOG will review the quality and responsiveness to the specifications set forth in the Solicitation. The OOG will examine the comprehensiveness of the Response, including, but not limited to, the extent to which the Response addresses the specifications in the Solicitation, the incorporation of non-negotiable elements, and the feasibility of the Respondent’s response. The OOG will select a Contractor that demonstrates knowledge and experience and compatibility with the goals and objectives of the OOG.

7.2.4. Proposed Solution. The OOG will review the Respondent’s Proposed Solution.

This evaluation may include, but is not limited to, the quality of the Proposed Solution, as provided in Tab 7, incorporation of non-negotiable elements, the effectiveness of the Proposed Solution, in meeting the Service Requirements specified in Part A of this Solicitation and the financial and time feasibility of the Proposed Solution.

7.2.5. Compensation. The OOG will review the Cost Proposal from the Respondent.

This evaluation will include consideration of all work and costs to be included in the amount sought. The OOG will more favorably consider those Responses that offer best value to the State of Texas for the compensation sought.

8. HUB SUBCONTRACTING

In addition to the information pertaining to HUBs in Part C of this Solicitation, the

OOG has identified potential subcontracting opportunities under this Solicitation:

CLASS 915-24: Cable Television Services, Including Pay-Per-View Services