ESBD_572311_1793287027759_SOL_PST_RFP_27R0002622.pdf

DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-27R0002622

TYPE OF SOLICITATION

NEGOTIATED - REQUEST FOR

PROPOSAL (RFP)

DATE ISSUED

10/28/2026 Wichita Falls Generator Replacement

Vendor must submit electronic responses no later than 5:00 P.M. Central Time on 11/26/2026 to the following address or via the DPS Online Bid Room.

DPS_Solicit_Response@dps.texas.gov Attention: 405-27R0002622

DPS is not currently accepting any in-person solicitation responses. DPS will only accept electronic responses received by the date and time indicated in this document.

FOR INFORMATION CONTACT:

Carolyn Caro, CTCM, CTCD

Contract Administrator

PHONE: (512) 424-7871

EMAIL: Carolyn.caro@dps.texas.gov

GRP_PCS_Construction@dps.texas.gov

RESPONSE (Respondent must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

NAME AND ADDRESS

OF RESPONDENT:

RESPONSE DATE

EMAIL AND TELEPHONE NO. (Include area code)

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, AND REMEDIES

By submitting a response, Vendor represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate.

DPS may pursue and enforce any available remedies against Vendor for making false statements, including disqualifying the Vendor's response, immediately canceling any Contract awarded to Vendor, or recommending State of Texas debarment.

TERM, PRICING, AND FUNDING

The initial contract term commences on the effective date stated in the signing document, or purchase order and expires 1 year from that effective date.

DPS will not allow changes after Date of Award to terms or pricing during Contract term. The continuation of the Contract for any period is subject to the availability of DPS's funding source for the Contract.

mailto:Carolyn.caro@dps.texas.gov mailto:GRP_PCS_Construction@dps.texas.gov

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TABLE OF CONTENTS

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.4 MANDATORY PRICING SCHEDULE

SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

C.2 SCOPE

C.3 RESPONDENT INFORMATION AND RESPONSE REQUIREMENTS

C.3.2 PROJECT PHASING, SITE ACCESS, AND CONTINUITY OF OPERATIONS

REQUIREMENTS

C.4 PROJECT SCHEDULE AND PLAN

C.5 TRANSITION

C.6 DPS PERSONNEL

C.7 VETERAN HEROES UNITED IN BUSINESS (VETHUB) PARTICIPATION

C.8 INSURANCE REQUIRED UNDER THE CONTRACT

C.9 BONDS REQUIRED UNDER THIS CONTRACT

C.10 WARRANTY CALL RESPONSE TIME

C.11 RETAINAGE

C.12 WAGE RATES

C.13 UNIFORM GENERAL CONDITIONS FOR CONSTRUCTION PROJECTS

C.14 CRIMINAL HISTORY BACKGROUND CHECK

C.15 GENERAL CONFIDENTIALITY REQUIREMENTS

C.16 PERSONAL INFORMATION

C.17 PROJECT MANAGEMENT REQUIREMENTS

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

D.1 RESPONSE PREPARATION INSTRUCTIONS

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D.2 SOLICITATION ADDENDA

D.3 LATE SUBMISSIONS, CHANGES, AND WITHDRAWALS OF RESPONSES

D.4 RESPONSE ACCEPTANCE PERIOD

D.5 CONTRACT AWARD

D.6 DPS's RIGHTS

D.7 RESPONSE SUBMISSION INSTRUCTIONS

D.8 PRESENTATIONS

D.9 DISCUSSION AND CORRESPONDENCE

D.10 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

D.11 AGENCY POSTING OF CONTRACTS

D.12 ANTICIPATED SCHEDULE OF EVENTS

D.13 PRE-PROPOSAL SITE VISIT

SECTION E—EVALUATION CRITERIA

SECTION F—LIST OF EXHIBITS

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SECTION A—DEFINITIONS

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

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

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

"Contract" means this formal, written, and legally enforceable agreement between DPS and Contractor.

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

"Date of Award" means the date the Contract is fully executed.

"Days" means calendar days unless otherwise specified.

"DPS" means the Department of Public Safety of the State of Texas, a state agency in the executive branch created under Tex. Gov't Code Ch. 411.

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

"Parties" means Contractor and DPS.

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

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

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

A. Respondent must submit proposed pricing on the Mandatory Pricing Schedule that includes all costs, fees, licenses, and all expenses for Contractor's delivery and performance of the commodities or services requested. The final negotiated, contracted pricing and payment structure will represent Contractor's sole compensation under the Contract. DPS guarantees no minimum compensation under the Contract.

B. DPS will negotiate pricing prior to award of the Contract if the pricing offered appears that it may not be best value to DPS.

C. Contractor must deliver and provide the commodities and services described in compliance with all requirements of the Contract on a no minimum, as needed, as requested basis. Notwithstanding anything else to the contrary in the Contract, DPS will not make any payments of any amount to Contractor or any other entity or person, and Contractor will not submit any invoices, until Contractor has received approval from DPS's Contract Monitor specifically stating that DPS accepts the commodities or services and Contractor is authorized to submit an invoice. If DPS does not accept the commodities or services, the Contract will involve no payments of any type for any amount.

B.1.2 Financial Rating Report, Financial Resources, and Ability to Perform

A. Upon request, Respondent must provide evidence of its financial resources and its ability to provide the commodities or perform the services for which Respondent is submitting a response. This includes information Respondent believes is pertinent to demonstrate its financial capability, financial solvency, and capacity to fulfill the requirements of this solicitation.

B. Evidence of financial stability include providing audited financial statements for each of the last two years of Respondent's operations or, in the alternative, financial statements compiled, reviewed and attested by an independent certified public accountant or certified public accounting firm. Respondents may submit a copy of its Dun & Bradstreet (D&B) Business Information Report. If a D&B Report is submitted the report must include Respondent's Viability Score and the Portfolio Comparison Score or similar ratings.

C. In lieu of providing financial statements in its Proposal, a Respondent may provide a statement regarding the Respondent's financial stability and viability to perform under any resulting contract. If Respondent elects this approach rather than audited financial statements, the Respondent must submit a statement, with appropriate supporting

Page 6 of 34 Version 2.5 | Rev. 08/13/2026 documentation, sufficiently detailed to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this solicitation.

D. Respondent must provide information and any other financial information reasonably requested by DPS consistent with the services provided by Respondent or otherwise required by the then applicable DPS policies for similar contracts.

E. Selected Contractor must also submit to the Contract Administrator its financial rating information within 120 days after the end of Contractor's fiscal year.

F. DPS reserves the right to investigate and determine the financial integrity and responsibility of a Respondent and to reject a response on the grounds of Respondent's lack of financial soundness, or if DPS reasonably concludes, after reviewing the information submitted by Respondent as well as all other relevant information obtained by DPS, that significant issues exist that could jeopardize Respondent's full and timely performance. DPS also reserves this same right throughout the life of the Contract, including before executing any optional renewal with Contractor.

B.2 INVOICE REQUIREMENTS

A. Invoices are Contractor's billing for commodities or services rendered. DPS will pay

Contractor based on itemized invoices submitted to and approved by DPS. The invoices must be itemized and clearly identify the actual commodities and services provided.

B. Contractor's invoice must include the following: the Contract/Purchase Order number, the remittance address, and any prompt payment discount offered. Contractor must email the invoice to the Contract Monitor listed in the Contract and to apinvoices@dps.texas.gov.

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

B.3 PAYMENTS

A. DPS recommends that Vendor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Vendor elects to be set up for direct deposit payment, Vendor must submit a completed Direct Deposit Authorization Form (74-176).

B. Regardless as to whether Direct Deposit is chosen, Vendor must submit a completed Application for Texas Identification Number (AP-152) and Request for Taxpayer Identification Number and Certifications Form (W-9) with its response.

C. If Vendor has previously submitted a completed Direct Deposit Authorization Form and Request for Taxpayer Identification Number and Certifications Form to DPS for another separate contract, Vendor is not required to submit another form.

mailto:apinvoices@dps.texas.gov

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B.4 MANDATORY PRICING SCHEDULE

Respondent must submit pricing within the Pricing Schedule Exhibit replicating, as necessary, in this exact format.

Item No.

Description Quantity UOM Price

1 DPS Wichita Falls Region 5 Emergency Generator Replacement Project as per SOW– Price inclusive of all costs, Labor, Materials, Overhead, and Profit.

1 JOB $

Item No.

Additional Considerations Quantity UOM Price

2 Add Alternate No. 1– Provide new generator in lieu of same size refurbished generator as indicated on drawings as Base Bid. (Price inclusive of all costs, Labor, Materials, Overhead, and Profit.)

1 JOB $

3 Add Alternate No. 2– Replace 6-ft.-0-in. chain link fence and chain link pedestrian gate with ornamental fence and gate to match existing structure. (Price inclusive of all costs, Labor, Materials, Overhead, and Profit.)

1 JOB $

4 Add Alternate No. 3– Remove existing underground generator fuel tank, lid, manhole covers, vent piing, etc., replace void with fill and re-sod area. (Price inclusive of all costs, Labor, Materials, Overhead, and Profit.)

1 JOB $

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SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

The Texas Department of Public Safety (DPS) is formally soliciting proposals from qualified contractors for the replacement of the Wichita Falls emergency generator at the TXDPS Region 5 location. The project scope includes the demolition and removal of the existing equipment, as well as the installation of a new generator system.

C.2 SCOPE

Please refer to Exhibit F.7, Statement of Work for requirements.

C.3 RESPONDENT INFORMATION AND RESPONSE REQUIREMENTS

C.3.1 Firm Qualifications, Company History, And Experience

A. Overview

The Respondent must provide detailed information demonstrating the firm’s qualifications, organizational history, and cumulative experience performing construction projects of similar scope, size, and complexity.

B. Company History

a. The year your firm was established and the number of years it has operated under current ownership.

b. An overview of the company’s organizational structure and core areas of construction expertise.

c. A summary of your company's growth, major milestones, and relevant background, including background concerning removing and installing generator systems.

d. Details regarding your capacity to manage multiple and simultaneous projects in occupied environments.

C. Project Experience

a. Detail your firm’s experience with complex generator replacements, specifically highlighting past performance in demolition, electrical systems, excavation, grading, drainage, pouring concrete, structural masonry (CMU), and perimeter fencing.

Experience must show projects involving 505 kw generators or larger.

b. Detail your experience working in an environment that operates 24 hours a day/7 days a week with personnel working in the facility.

c. Detail the firm’s experience working in a fully functioning and occupied school, campus, office, lab, or public environment.

d. Detail the firm’s experience working with a city, county, state, or federal organization.

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e. Provide a list of the proposed subcontractors, detailing their specific roles, responsibilities, and relevant experience on projects of comparable size, scope, and complexity.

D. Representative Projects

a. Provide a list of at least five representative projects completed within the last ten

(10) years that demonstrate the firm’s experience with similar scope, size, and complexity. Experience must show projects involving 505 kw generators or larger.

For each project, include:

i. Project name and owner

ii. Scope of work and key technical elements

iii. Contract value and completion date

iv. Project schedule performance (on time, early, or delayed)

v. Owner reference with current contact information

E. Key Personnel Experience

a. Names and roles of the proposed Project Manager, Superintendent, and other key personnel.

b. Detailed summary of each individual’s lifetime experience with projects involving similar scope, size, and complexity.

c. Relevant certifications, training, or manufacturer credentials.

C.3.2 PROJECT PHASING, SITE ACCESS, AND CONTINUITY OF OPERATIONS REQUIREMENTS

A. Overview

The Department of Public Safety (DPS) will continue normal operations, administrative functions, and facility‑based activities throughout the duration of the project. The Contractor shall plan, schedule, coordinate, and execute all work in a manner that maintains safe, continuous, and reliable access to occupied buildings during construction. The Contractor shall prepare and implement a detailed Project Phasing and Continuity of Operations Plan to guarantee safe DPS occupancy, ongoing and uninterrupted facility operations, and uninterrupted site traffic.

B. Contractor Responsibilities

The Contractor must provide a detailed narrative, schedule, and supporting documentation describing how the project will be executed in phases while maintaining facility availability. At a minimum, the Contractor’s plan must address the following:

i. Construction Strategy, Phasing, and Work Sequencing:

1. Develop a multi‑phase construction plan and phasing schedule that divides the work into logical and functional steps.

2. The Contractor must schedule the demolition of the existing conditions, site modifications, construction, testing, and training. The Contractor must

Page 10 of 34 Version 2.5 | Rev. 08/13/2026 describe how they will minimize downtime and disruptions to the area/building and its occupants.

3. Provide a narrative explaining how weather, generator equipment lead times, concrete curing times for the enclosure, and manufacturer installation specifications will influence the phasing approach for the generator installation.

4. A Gantt-style schedule showing each construction phase, duration, and dependencies with a completion date of 8/31/2027.

ii. Communication and Coordination Protocols

1. Designate a single point of contact responsible for coordinating daily and weekly activities with DPS.

2. Provide a communication plan that includes weekly look‑ahead schedules, progress updates, and notification procedures for any changes affecting the project baseline or critical paths.

3. Participate in regular coordination meetings with DPS staff to review progress, upcoming work, and operational impacts.

4. Identify change management procedures, including how potential changes will be communicated, evaluated, approved, and documented.

5. Provide a clear escalation process with 24/7 contact information for addressing urgent site issues, safety concerns, or emergency operational conflicts.

C. Deliverables

a. The Contractor must provide the following as part of their proposal:

i. Multiphase construction plan and phasing schedule

ii. Gantt-style chart

iii. Communication and Coordination Plan

iv. Training and Testing plan as per Statement of Work

v. Provide cutsheets/specification sheets for the major equipment. Refer to SOW for requirements.

a. Generator

b. ATS

c. Dual purpose docking station

D. Additive Work Items (Add Alternatives)

a. For purposes of this solicitation, the term Additive Work Items refers to optional, discrete elements of work that have been architecturally designed or otherwise defined and may be incorporated into the Project if funding remains available after award of the Base Scope of Work.

b. Respondents must provide detailed pricing for each Additive Work Item identified in this solicitation. Pricing must be submitted in the format prescribed and must include all labor, materials, equipment, overhead, and any other costs necessary for full performance of the Additive Work Item.

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c. Additive Work Items are provided for planning and budgeting purposes only.

Selection of Additive Work Items, if any, will not occur in the order presented and will be based on DPS project needs, funding availability, and the outcome of negotiations with the selected Respondent. Accordingly;

i. Pricing for Additive Work Items is required for informational, budgeting, and negotiation purposes,

ii. Additive Work Item pricing will not be evaluated or scored as part of the proposal evaluation process and will not be included in the calculation of best value for award.

iii. DPS makes no guarantee that any Additive Work Item will be authorized, negotiated, or incorporated into the final contract.

d. DPS reserves the right, at its sole discretion, to negotiate the inclusion, exclusion, modification, scope, sequencing, or pricing of Additive Work Items with the selected Respondent prior to or after contract award, provided such negotiations are consistent with applicable law and the terms of this solicitation.

C.4 PROJECT SCHEDULE AND PLAN

Respondent must include in its response a draft project plan detailing how Respondent will provide or implement the requirements of this solicitation. The draft project plan must detail how Respondent would address the following phases:

1. A description of the project organization;

2. A breakdown and detailed description of the different deliverables;

3. Expected dependencies, caveats, or risks that exist within the project plan and schedule;

4. A schedule and work plan for the different deliverables of the project;

5. A Gantt chart illustrating a high-level timeline for the project, including task start and end dates and dependencies;

6. Delegation of duties to each party for each of the tasks;

7. Information regarding maintenance and support, along with standard project management components such as a risk management plan and a change management plan;

8. The methodology Respondent will employ to ensure the schedule is met; and

9. Provision or implementation of goods or services by the required dates, and subsequently provide support of these goods or services.

C.5 TRANSITION

In the event that DPS awards a subsequent competitive solicitation to a new contractor or if DPS decides to perform the work itself, Contractor must work with DPS and any new contractor to smoothly and seamlessly transition the contract. Contractor will develop a transition plan upon request by DPS. DPS must approve the transition plan before implementation. DPS will not release the final invoice until Contractor returns all Work to

DPS.

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C.6 DPS PERSONNEL

C.6.1 DPS's Contract Administrator

A. The Contract Administrator for administration of the Contract is Carolyn Caro.

B. The telephone number for the Contract Administrator is 512-424-7871.

C. The email address is Carolyn.caro@dps.texas.gov and GRP_PCS_Construction@dps.texas.gov.

The Contract Administrator is the representative of DPS's Procurement and Contract Services responsible for the general administration of the Contract, negotiation of any changes, and issuance of written amendments to the Contract.

If DPS and Contractor agree to amend the Contract, DPS will issue a written amendment signed by authorized signatories of the Parties.

C.6.2 DPS's Contract Monitor

A. The Contract Monitor for the Contract is Christopher Mathews.

B. The telephone number for the Contract Monitor is 512-424-7260

C. The email address is christopher.mathews@dps.texas.gov.

The Contract Monitor is not authorized to make any representations or commitments of any kind on behalf of DPS or the State of Texas.

C.7 VETERAN HEROES UNITED IN BUSINESS (VETHUB) PARTICIPATION

A. 34 Tex. Admin. Code § 20.282: An Historically Underutilized Business (HUB) is a business that is certified by the comptroller because it has not exceeded the size standards established by §20.294 of this title, maintains its principal place of business in Texas, and is:

a. a corporation formed for the purpose of making a profit in which at least 51% of all classes of the shares of stock or other equitable securities are owned by one or more qualifying owners;

b. a sole proprietorship created for the purpose of making a profit that is 100% owned, operated, and controlled by a qualifying owner;

c. a partnership formed for the purpose of making a profit in which 51% of the assets and interest in the partnership is owned by one or more qualifying owners;

d. a joint venture in which each entity is described by subparagraphs (A), (B), (C), or (E) of this paragraph;

e. a supplier contract between an entity described by subparagraphs (A), (B), (C), or (D) of this paragraph and a prime contractor under which the HUB is directly mailto:Carolyn.caro@dps.texas.gov mailto:GRP_PCS_Construction@dps.texas.gov mailto:christopher.mathews@dps.texas.gov

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f. a business other than described in subparagraphs (B), (C), (D), and (E) of this paragraph, which is formed for the purpose of making a profit and is otherwise a legally recognized business organization under the laws of the State of Texas, provided that at least 51% of the assets and 51% of any classes of stock and equitable securities are owned by one or more qualifying owners.

B. Vendors may use the self-performing method to demonstrate a good faith effort for any subcontracting opportunity by indicating that it intends to fulfill the entire contract, including each subcontracting opportunity, with its own equipment, supplies, materials, and employees. Vendor must complete the applicable sections within the Subcontracting Plan (SP) and submit as part of its response.

C. Vendor must submit a complete SP meeting the good faith effort and supported by the required forms with the response.

D. A courtesy review of a Vendor's completed SP is optional and is available to assist Vendors. This courtesy review may only identify possible deficiencies. The final SP determination may only be provided at the time of the final submission of the SP with the Solicitation Response. To request a courtesy review, submit the completed SP including all supporting documentation in accordance with the directions provided in the SP Exhibit. SPs received after the "Courtesy Review of SP" deadline in the Solicitation's Schedule of Events or deadlines established in subsequent Addenda, will not be reviewed and will be returned to the requestor.

E. Vendor must submit an SP as part of its response and must comply with implementation of the SP. Contractor must seek written approval from DPS prior to making any modifications to its SP.

F. Vendor must provide notice to all subcontractors of their selection as a subcontractor for this Contract. The notice will specify, at a minimum, DPS's name, the name of the Contract Administrator, this Contract's assigned contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract, and the expected percentage of this Contract's total value that the subcontract represents. A copy of the notice will be provided to the HUB Office no later than ten business days after the effective date of this Contract.

G. Contractor must make a good faith effort to comply with all state HUB requirements under Tex. Gov't Code Chapter 2161 and the administrative rules, as applicable.

Contractor must also comply with its approved Subcontracting Plan (SP).

H. Contractor must submit to the HUB Office on a monthly basis (by the fifth day of the following month) the Prime Vendor Progress Assessment Report (PAR).

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C.8 INSURANCE REQUIRED UNDER THE CONTRACT

Unless otherwise specified in this Contract, DPS's Standard Terms and Conditions or any other exhibit or attachment, Contractor will acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure this Contract's proper performance and cover any potential liabilities with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry or as determined by DPS. Contractor will provide evidence of insurance upon request by DPS.

If any policy is determined by DPS to be deficient and does not comply with the terms of this Contract, Contractor will secure such additional coverage as required by DPS, law, regulation, or customary practice. If coverage expires during the term of this Contract, Contractor must produce renewal certificates for each type of coverage.

C.9 BONDS REQUIRED UNDER THIS CONTRACT

Bonds will be required from Contractor before commencing any work as follows:

A. For a contract in excess of $100,000.00 a performance bond will be executed in the amount of the contract conditioned upon the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond will be solely for the protection of the state.

B. For a contract in excess of $25,000.00 a payment bond will be executed in the amount of the contract, solely for the protection of all claimants supplying labor and material.

C. Any bids submitted will include the cost of any applicable bond. Costs will be included in the base Bid and will not be itemized separately.

If a bond is required, Bidder will be notified in writing. DPS must receive the bond within ten calendar days and must reference the solicitation number. Work may not begin until the bond is received and the Contractor is provided a Notice to Proceed Exhibit.

C.10 WARRANTY CALL RESPONSE TIME

DPS requires Contractor to respond to any warranty call concerning this project within a 48-hour time period. For any warranty call issued, Contractor will have two days or an agreed-upon timeframe to replace defective products after receipt of notification by DPS that a warranty issue exists.

C.11 RETAINAGE

DPS reserves the right to withhold 10% retainage from final payment until all work is accepted by DPS and warranty or equipment operation and maintenance documents are in hand (if applicable). This includes required original Contractor provided installation letters on its letterhead, applicable material manufacturer industry standard warranties, any

Page 15 of 34 Version 2.5 | Rev. 08/13/2026 equipment operation and maintenance manuals, or other project inclusive documentation for the respective trades associated with this project.

C.12 WAGE RATES

DPS is the contracting agency for this state-funded project. The following statute requires any contracting agency to specify the generally prevailing rate of wages in contracts that are bid.

a) Gov’t Code Chapter 2258. Prevailing wage rates pursuant to the requirements of this statute. If applicable, DPS has ascertained the attached rates located as an exhibit are paid to various classifications of workers in the locality of this project.

b) The hourly rate for legal holiday and overtime work will be not less than 1½ times the base hourly rate.

A contractor or subcontractor who violates this section must pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. Tex. Gov’t Code Chapter 2258 prevailing wage rate can be viewed at the following:

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2258.htm.

C.13 UNIFORM GENERAL CONDITIONS FOR CONSTRUCTION PROJECTS

The Contract incorporates by reference the Texas Facilities Commission’s Uniform General Conditions (UGC) in its current version and as may be subsequently amended. The UGC may be viewed at http://www.tfc.state.tx.us/divisions/facilities/prog/construct/formsindex/.

C.14 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor's project personnel must submit to a fingerprint-based Criminal History Background Investigation, at Contractor's expense. To facilitate this Criminal History Background Investigation, each person must complete DPS Contractor Background Information form (HR-22), which DPS will provide.

B. If required under the Contract, Contractor will not allow personnel who have not submitted to and successfully completed DPS fingerprint-based Criminal History Background Investigation and who do not otherwise maintain a DPS security clearance to work on the Contract. DPS has the right to prevent Contractor's personnel from gaining access to DPS building(s) and computer systems if DPS determines that such personnel do not pass the background check or fail to otherwise maintain DPS security clearance.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2258.htm http://www.tfc.state.tx.us/divisions/facilities/prog/construct/formsindex/

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C. When required, Contractor's Project Manager will provide the following to DPS

Contract Monitor no later than ten days of executing the Contract:

a) the completed Contractor Background Information form (HR-22) for all proposed personnel; and

b) acceptable fingerprints for all proposed personnel.

D. Throughout the term of the Contract, DPS may require Contractor personnel to submit to an annual DPS fingerprint-based Criminal History Background Investigation to DPS.

E. Throughout the term of the Contract, Contractor will promptly notify DPS of any activity or action by Contractor's personnel that may affect that individual's ability to continue to work under the Contract.

C.15 GENERAL CONFIDENTIALITY REQUIREMENTS

A. All information provided by DPS to Contractor, created by Contractor, or overheard, seen, or otherwise obtained by Contractor in performing the obligations under the Contract is confidential and may not be used by Contractor or disclosed to any person or entity, unless such use or disclosure is required for Contractor to perform work under the Contract. The requirements in this section also apply to subcontractors. The obligations of this section do not apply to information that Contractor can demonstrate:

1) Is publicly known at the time of disclosure or subsequently becomes publicly known through no fault of Contractor;

2) Contractor discovered, learned, or created independently by Contractor or by a rightfully possessing and disclosing third party or by any other legitimate means;

3) Is required to be disclosed by law or final order of a court of competent jurisdiction or regulatory authority, but Contractor must furnish prompt written notice of such required disclosure and will reasonably cooperate with DPS at DPS's cost and expense, in any effort made by DPS to seek a protection order or other appropriate protection of its confidential information.

B. Contractor must notify DPS in writing of any unauthorized release of confidential information within four hours of when Contractor knows or should have known of such unauthorized release.

C. Contractor must notify affected parties in writing of any unauthorized release of confidential information within two business days of when Contractor knows or should have known of any unauthorized release of confidential information obtained from affected parties.

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D. Contractor must maintain all confidential information in confidence during the term of the Contract and after the expiration or earlier termination of the Contract.

E. If Contractor has any questions or doubts as to whether particular material or information is confidential information, Contractor must obtain the prior written approval of DPS prior to using, disclosing, or releasing such information.

F. Contractor acknowledges that DPS's confidential information is unique and valuable, and that DPS may have no adequate remedy at law if Contractor does not comply with its confidentiality obligations under the Contract. Therefore, DPS will have the right, in addition to any other rights it may have, to seek in any Travis County court of competent jurisdiction temporary, preliminary, and permanent injunctive relief to restrain any breach, threatened breach, or otherwise to specifically enforce any confidentiality obligations of Contractor if Contractor fails to perform any of its confidentiality obligations under the Contract.

G. Contractor must immediately return to DPS all confidential information when the

Contract terminates, at such earlier time as when the confidential information is no longer required for the performance of the Contract or when DPS requests that such confidential information be returned.

H. Information, documentation, and other material in connection with the Contract, including Contractor's response, may be subject to public disclosure under the Tex.

Gov't Code Chapter 552.

I. The FBI and DPS have computer security requirements. Contractor's and subcontractor's employees working on this assignment must sign and submit appropriate agreements and abide by these security requirements, within five days of DPS's request.

C.16 PERSONAL INFORMATION

To the extent this subsection does not conflict with the section entitled "General Confidentiality Requirements," Contractor must comply with both sections. To the extent this subsection conflicts with the section entitled "General Confidentiality Requirements," this section entitled "Personal Information" controls.

A. "Personal identifying information" and "Sensitive personal information" are defined by

Tex. Bus. & Com. Code Ch. 521. Both are classified as personal information for purposes of this section.

B. Personal information does not include publicly available information that is lawfully made available to the public from the federal government or a state or local government.

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C. "Breach of system security" is defined as follows: Unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information Contractor maintains under the Contract, including data that is encrypted if Contractor's employee or agent accessing the data has the key required to decrypt the data. Good faith acquisition of personal information by an employee or agent of Contractor for the purposes of performing under the Contract is not a breach of system security unless the employee or agent of Contractor uses or discloses the personal information in an unauthorized manner.

D. Contractor must implement and maintain reasonable procedures, including taking any appropriate corrective action, to protect from unlawful use or disclosure any personal information collected or maintained by Contractor under the Contract.

E. Contractor must notify DPS and affected parties of any breach of system security immediately after discovering the breach or receiving notification of the breach, if personal information was, or is reasonably believed to have been, acquired by an unauthorized person. However, Contractor must delay providing notice to the affected parties at DPS's request, if DPS determines that the notification will impede a criminal investigation. Notification to the affected people may be made as soon as DPS determines that it will not compromise any criminal investigation.

F. Contractor must give notice as follows, at Contractor's expense:

1) Written notice;

2) Electronic notice, if the notice is provided in accordance with 15 U.S.C. Section 7001;

3) Notice as follows:

a) If Contractor demonstrates that the cost of providing notice would exceed $250,000, the number of affected people exceeds 500,000, or Contractor does not have sufficient contact information for the affected people, Contractor may give notice as follows:

i. Email, if Contractor has an email address for the affected people;

ii. Conspicuous posting of the notice on Contractor's website;

iii. Notice published in or broadcast on major statewide media; or

b) If Contractor maintains its own notification procedures (as part of an information security policy for the treatment of personal information) that comply with the timing requirements for notice under this subsection entitled "Personal Information," Contractor may provide notice in accordance with that policy.

G. If this subsection requires Contractor to notify at one time more than 10,000 people of a breach of system security, Contractor must also notify, without unreasonable delay, each consumer reporting agency (as defined by 15 U.S.C. Section 1681a) that maintains files

Page 19 of 34 Version 2.5 | Rev. 08/13/2026 on consumers on a nationwide basis, of the timing, distribution, and content of the notices.

H. In the event of a breach of system security, if personal information was, or is reasonably believed to have been, acquired by an unauthorized person, DPS, an agency of the State of Texas, may assess and enforce, as applicable and without limitation, cyber insurance coverage requirements, indemnification, duty to defend, liquidated damages, actual damages, sanctions, rights, claims, remedies and other amounts against Contractor in accordance with the contract that includes these Cyber Security Contract Requirements, and in accordance with other applicable law. Contractor understands that there may be constitutional and statutory limitations on DPS to enter into certain terms and conditions of the contract that includes these Cyber Security Contract Requirements and that any such terms and conditions will not be binding on DPS except to the extent authorized by the laws and constitution of the State of Texas.

I. Liquidated Damages may be assessed under this section in the amount of the per capita data breach cost for public sector (government) records as listed in the current Ponemon Institute Research Report Cost of Data Breach Study: United States. The number of affected records will be determined at the time of breach, with a not to exceed Liquidated Damages Cap of 100% of the total contract value.

The Ponemon Institute Research Report Cost of Data Breach Study: United States may be found at: http://www-03.ibm.com/security/data-breach/.

J. Contractor will not be responsible and liquidated damages may not be assessed due to a breach of system security caused entirely by someone other than Contractor, Contractor's subcontractor, or Contractor's agent. (This provision is not to be interpreted that Contractor is absolved of liability with any other sections pertaining to cyber security or data protection).

K. Any liquidated damages assessed under the Contract may, at DPS's option, be deducted from any payments due Contractor. DPS has the right to offset any liquidated damages payable to DPS, as specified above, against any payments due to Contractor. If insufficient payments are available to offset such liquidated damages, then Contractor will pay to DPS any remaining liquidated damages within 15 days following receipt of written notice of the amount due.

C.17 PROJECT MANAGEMENT REQUIREMENTS

C.17.1 Project Management Standards

Contractor must comply with DPS standards and requirements during project implementation as they are outlined by DPS's project manager.

http://www-03.ibm.com/security/data-breach/

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Contractor's systems must comply with DPS standards and requirements when there is a need to migrate from a Contractor-hosted infrastructure to a DPS-hosted infrastructure.

DPS follows the Project Management Body of Knowledge (PMBOK), which is the global standard for project management. Alternative methodologies for project management may be utilized by the Contractor, as agreed upon in writing.

The documents listed below, and any other documents requested by DPS must be delivered to the project manager during project implementation upon Contract award.

DPS will review all documents that Contractor delivers to DPS. Contractor must update all documents throughout the project lifecycle and provide updates to DPS upon demand.

Before final acceptance, Contractor must provide the final version of all documents.

Contractor must host, at a minimum, a weekly team status meeting and provide meeting minutes within 12 hours of the meeting unless a different frequency is agreed upon in writing.

Contractor must provide a weekly status report by Thursday at 5:00 P.M. CT and prior to any holiday unless a different frequency is agreed upon in writing. The weekly status report must include the project accomplishments, issues, goals for next week, project milestones, and identified risks with a mitigation plan.

C.17.2 PM DELIVERABLES

Contractor must conduct, within ten business days from contract award, a project kickoff meeting that is the first meeting held with stakeholders and team members to define the project deliverables and activities.

During the project, Contractor must provide the deliverables described in this section within the period specified in the project schedule or as required by the DPS Project Manager.

The project schedule must contain all of the information listed below and determine the duration of project activities necessary for DPS and Contractor to complete the project.

The project schedule is a work-in-progress document and Contractor must update and maintain it weekly. Contractor must deliver the project schedule and project plan within ten business days of the project kickoff meeting (or as agreed upon by both parties), and must include all identified and agreed upon deliverables in writing.

• Project Schedule—This schedule defines the timeline for the project and must include the following details, unless a modification is agreed upon in writing:

o Revision date of Project Schedule o A detailed list of tasks

Page 21 of 34 Version 2.5 | Rev. 08/13/2026 o All key project deliverables o Ownership of task (listing the resource(s) that will address each task) o An estimate of the amount of work for each task in hours o An estimate of the duration of time (from start to finish) for each task in days o Resources assigned to each task o Projected start and finish dates for each task o Dependencies between tasks o Dependencies on external entities o Project milestone indicators

• Project Plan—This document defines the plan to carry out the project and must contain the following information, unless a modification is agreed upon in writing:

o Approach for Discovery and Design o Implementation Methodology o Project Overview Description o Roles and Responsibilities Matrix that identifies who is responsible, accountable, consulted, informed and approver for all project deliverables o Communication Plan that defines how communication will be conducted, with who, when and how often o Escalation Plan that defines the process for informing leadership o Milestone Schedule o Project Assumptions, Project Dependencies and Project Constraints o Requirements Development and Management Plan, which describes how the work of requirements development and management will be conducted for a specific program or project o Defect Management Plan including how defects/issues will be tracked and escalated o Risk Management Plan that includes Risk Identification, Risk Assessment, Risk Mitigation Plan, Risk Mitigation Implementation, Monitor and Control o As a supporting document to the Risk Management Plan, a Risk Register must be provided which includes a list of all the risks, date risk raised, description of risk, importance of risk (high, medium, minor based on probability), owner of the risk, status of the risk, description of the status, description of the mitigation, date of closure, reason for closure o Quality Management Plan that identifies how quality expectations and measurements for the project will be met o Operations and Transition Plan that identifies the transition of knowledge for the project or product to the operations or support team. Include activities and timelines for transferring the knowledge to the appropriate support teams o Project Close Out that identifies the process or activities associated with finalizing the hand off of the project deliverables to the business team and completing the administrative aspects of closing the project

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SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

D.1 RESPONSE PREPARATION INSTRUCTIONS

A. These instructions are designed to help ensure the Respondent submits all relevant information in its response.

B. As designated in the cover page of this solicitation, responses must be received no later than the deadline established in this solicitation, and submitted via the email address stated or the DPS Online Bid Room utilizing the procedures in the DPS Online Bid Room Vendor Exhibit. DPS encourages the use of the DPS Online Bid Room for respondents' convenience. Submission through both methods is not required.

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

D. Failure of a response to show compliance with these instructions and submit all documentation may be grounds for considering the response non-responsive unless stated otherwise within this solicitation.

E. Responses must use a sans serif 12-point font (such as Arial or Calibri) on an 8-1/2" x 11" format (except for graphic information being requested). Respondent's response must be paginated, contain a full table of contents, and have component sections clearly identified.

F. Respondent must ensure that its response is clearly labeled.

G. Respondent must submit only material directly pertinent to the requirements of this solicitation. Extraneous narrative, elaborate brochures, uninformative public relations material, and other similar documents may not be submitted.

H. Respondent must submit all pertinent information directly within its response, information submitted as an internet link is considered non-responsive. Respondent must submit documentation or information within the response.

D.2 SOLICITATION ADDENDA

A. No later than the established solicitation deadline, Respondents must acknowledge receipt of all solicitation addenda by returning the addenda, identifying the addenda number and date.

B. Respondent's failure to timely acknowledge addenda may subject its response to rejection.

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D.3 LATE SUBMISSIONS, CHANGES, AND WITHDRAWALS OF RESPONSES

A. DPS will not consider any response received at the designated email address or DPS Online Bid Room after the specified date and time.

B. Respondent cannot amend its response and DPS will not accept an amended response after closing date and time. If Respondent wants to amend its response, Respondent must amend prior to the closing date and time.

C. Respondent must clearly identify any alterations made before closing time through its authorized representative.

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

E. No responses can be withdrawn after closing date and time without approval by DPS.

Should a Respondent, after closing time, request its response be withdrawn, Respondent must email the request to the Contact Administrator listed in the solicitation.

F. DPS is not responsible for submissions delivered to DPS after the date and time stated on page 1 of this solicitation. It is the Respondent's responsibility to ensure that it submits, and that DPS receives, its complete response timely. DPS recommends that Respondent submit their complete response well in advance of the due date and time stated on page 1 of this solicitation.

G. DPS takes no responsibility for electronic responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any DPS anti-virus or other security software. Therefore, DPS recommends confirming receipt.

H. Submission via the DPS Online Bid Room will receive submission confirmation through the system. If confirmation is received through the DPS Online Bid Room, no additional confirmation of receipt is required.

D.4 RESPONSE ACCEPTANCE PERIOD

A. All responses will be valid for 180 days after the solicitation opening date and will constitute an irrevocable response to DPS for the 180-day period.

B. Such period may be extended beyond the 180 days upon…