ESBD_File_317494_DIR-CPO-TMP-573 RFO.docx

DIR-CPO-TMP-573

Department of Information Resources Request for Offer

DIR-CPO-TMP-573

IT Research and Advisory Subscription Services & Computer Assisted Legal and Investigative Research (CALIR) Services

Issued: February 16, 2023 Responses Due: March 30, 2:00pm CST

SOLICITATION CONTENTS

The list below contains a summary of the documents comprising this Request for Offer (RFO) issued by DIR. The Successful Response shall be responsible for fulfilling all requirements contained in these documents.

RFO DIR-CPO-TMP-573 (this document)

a. Attachments Attachment 1: Sample Contract Attachment 2: Standard Contract Terms and Conditions Attachment 3: Services Agreement Template

b. Bid Package Exhibit A: Respondent Information (including Appendix 1 List of Respondent’s Canceled Contracts) Exhibit A1: Exceptions Table Exhibit B: Respondent History and Experience Exhibit C: Contract Marketing and Customer Support Plan Exhibit D: HUB Subcontracting Plan (HSP) Sample Form Exhibit E: Itemized Pricing Exhibit F: Reference Forms Exhibit G: Respondent Release of Lability Exhibit H: EDGAR Certification Form Exhibit I: Policy Driven Adoption for Accessibility (PDAA) for Vendor Self-Assessment Exhibit J: Accessibility Conformance Report (ARC also referred to as VPAT) Exhibit K: Vendor Accessibility Development Services Information Request (VADSIR)

TABLE OF CONTENTS

INTRODUCTION

Statutory Authority A. DIR has authority to complete the objectives of this procurement. This procurement fulfills the objectives of Chapter 2054 of the Texas Government Code, specifically including Sections 2054.0573, 2054.059, 2059, and Subchapters F, I and L, of the Texas Government Code. In accordance with Texas Government Code Sec. 2054.0573, USE OF CONTRACTS BY OTHER ENTITIES, (a) The department may include terms in a procurement contract entered into by the department, including a contract entered into under Section 2157.068, that allow the contract to be used by another state agency, a political subdivision of this state, a governmental entity of another state, or an assistance organization as defined by Section 2175.001.

B. This RFO is not a solicitation for professional or consulting services as defined in Chapter 2254, Texas Government Code.

Purpose A. The objective of this Request for Offer (RFO) is to solicit Responses from potential Respondents to provide IT Research and Advisory Subscription Services & Computer Assisted Legal and Investigative Research (CALIR) Services to Customers, acting by and through the Department of Information Resources (DIR).

B. As a result of this RFO, DIR expects to receive and evaluate Responses and select one (1) or more qualified Respondents with whom to enter into negotiations. Section 4 EVALUATIONS, NEGOTIATIONS, AND AWARD of this RFO contains more information regarding evaluation and Respondent selection process. DIR reserves the right to make a single award or multiple awards from this RFO. All contract(s) awarded shall be indefinite quantity contracts with no minimum guarantees of any purchases.

C. For administrative efficiency for DIR and its Customers, DIR reasonably anticipates that it will award a finite number of Contracts as determined by the competitive breaks created through evaluation of Responses.

DIR Vision and Desired Outcomes Background DIR delivers the strategic thinking, purchasing power, and policy insights necessary to ensure organizations across all levels of state and local government can find, procure, and securely implement innovative technology. As the only state agency with a view into how every other agency uses technology, DIR helps the Texas legislature craft smart, statewide IT policy. While DIR is specifically charged with overseeing state government, countless local government entities—including K-12 education organizations and public colleges and universities—also depend on DIR’s services to keep their technology reliable, secure, and forward-looking. For more information on DIR and its offerings, see the DIR website at: https://dir.texas.gov/ DIR Information DIR, a State of Texas agency, is responsible for strategic planning and coordination of the State’s Information Technology (IT) environment. DIR directly assists agencies in meeting their IT requirements by providing services in the following areas:

1. IT strategic planning and IT standards development and direction;

2. Central procurement for commodity IT equipment, supplies, and selected services;

3. Coordination and sponsorship of IT training and educational events;

4. Centrally managed statewide telecommunications services; and

5. Planning and management of State technology centers, including the outsourcing and consolidation of the State agencies’ data centers.

Information Technology Acquisition A. Through its Cooperative Contracts Program, DIR assists state agencies and local governments (collectively Customers) with cost-effective acquisition of their information resources by negotiating, managing, and administering contracts with information technology providers. Customers include any Texas state agency, unit of local government, or institution of higher education as defined in Texas Government Code, Section 2054.003; the Electric Reliability Council of Texas, the Lower Colorado River Authority, a private school, as defined by Section 5.001, Education Code, a private or independent institution of higher education, as defined by Section 61.003, Education Code, a volunteer fire department, as defined by Section 152.001, Tax Code, or a public safety entity, as defined by 47 U.S.C. Section 1401, or a county hospital, public hospital, or hospital district; those state agencies purchasing from a DIR contract through an Interagency Agreement, as authorized by Texas Government Code, Chapter 771; any local government as authorized through Texas Government Code, Chapter 791; the Interlocal Cooperation Act; the state agencies and political subdivisions of other states as authorized by Texas Government Code, Section 2054.0573; and for non-telecommunications IT Commodity products and services, “assistance organizations” defined in Texas Government Code, Section 2175.001.

B. DIR combines the buying power of authorized Customers to obtain volume-discounted pricing for selected technology products and services. In addition to offering volume-discounted pricing, DIR created the Cooperative Contracts (Co-op Contracts) Program to make it easier for Customers to acquire these products and services. Customers place orders with and issue payments directly to the Successful Respondents participating in the Co-op Contracts Program. Subject to DIR rights, DIR will award and negotiate base contract documents with Respondents. Customers contact the Successful Respondent for product and/or services and pricing information, negotiate their own service level agreements and additional terms and conditions, if any, and if more favorable to the Customer, and send their purchase orders (with the DIR contract number) and payments directly to the Successful Respondent, not to DIR. Information regarding the Co-op Contracts Program is located on DIR’s Web site at .

Texas Government Code, Section 2157.068 A. Texas Government Code, Section 2157.068, effective September 1, 2005, requires State agencies to buy commodity items, as detailed below, in accordance with contracts developed by DIR, unless the agency obtains an exemption from DIR.

B. Commodity items are commercially available software, hardware, and technology services that are generally available to businesses or the public and for which DIR determines that a reasonable demand exists in two (2) or more state agencies. Hardware is the physical technology used to process, manage, store, transmit, receive, or deliver information. Software is a commercially available program that operates hardware and includes all supporting documentation, media on which the software may be contained or stored, related materials, modifications, versions, upgrades, enhancements, updates, or replacements, and may include Software provided as a service. Technology services are the services, functions, and activities that facilitate the design, implementation, creation, or use of software or hardware. Technology services include seat management, staff augmentation, training, maintenance, and subscription services. Seat management is a service through which a state agency transfers its responsibilities to a vendor to manage its personal computing needs, including all necessary hardware, software, and technology services.

Cost Recovery DIR recovers the costs of negotiating, executing, and administering the Co-op Contracts through an administrative fee. DIR is authorized to charge a reasonable administrative fee to all customers per Section 2157.068(d) of the Texas Government Code. The administrative fee must be included in the Successful Respondent’s price to the Customer and paid to DIR by the Successful Respondent. The fee has been set at a not-to-exceed level of two percent (2.00%) by the current appropriations act of the State Legislature. For the purposes of responding to this RFO, the administrative fee is seventy-five hundredths of a percent (0.75%). DIR may change the administrative fee at any time during a Contract term. DIR will notify Successful Respondents of any change in the administrative fee.

DIR Cooperative Contracts Program Historical Sales Contracts negotiated and managed through the Cooperative Contracts Program resulted in over $8.2 billion in Customer purchases for the past three (3) fiscal years combined. Information contained within the table below shows the total purchases for the past three (3) fiscal years by Customer segment. These purchases represent contracts that are hardware, software, and services related. The State’s fiscal year runs September 1st through August 31st.

Table 1: DIR Cooperative Contracts Historical Sales

Current Contracts DIR currently has multiple Contracts to provide IT Research and Advisory Subscription Services & Computer Assisted Legal and Investigative Research (CALIR) Services. Tables 2A and 2B: IT Research and Advisory Subscription Services & Computer Assisted Legal and Investigative Research (CALIR) Services Sales Volume by DIR Fiscal Year shows the total sales volume of services sold through the IT Research and Advisory Subscription Services & Computer Assisted Legal and Investigative Research (CALIR) Services contracts for fiscal years 2020, 2021, and 2022.

Table 2A: IT Research and Advisory Subscription Services - Sales Volume by DIR Fiscal Year

Table 2B: IT Computer Assisted Legal and Investigative Research CALIR Services - Sales Volume by DIR Fiscal Year

SCOPE

Required Services A. It is the responsibility of the Respondent to ensure the services proposed are within the scope of this RFO.

B. At the discretion of DIR, the scope of this RFO may be modified by an Addendum. It is the responsibility of the Respondent to monitor ESBD for Addendum updates and to make any necessary adjustments to its response accordingly.

C. DIR intends to contract with the Successful Respondent to provide IT Research and Advisory Subscription Services & Computer Assisted Legal and Investigative Research (CALIR) Services.

D. Respondent may submit for either or both service categories requested in this RFO. Respondent must clearly distinguish between the service categories if Respondent is submitting to both options.

Computer Assisted Legal and Investigative Research (CALIR) Services Products will include the online legal reference materials and public and restricted access records searches described below.

i. Online Legal Reference Materials Online comprehensive primary and secondary legal reference materials including databases, software and search tools that must be able to perform comprehensive searches of primary and secondary legal reference materials produced by and within all states and the federal government. Examples include but are not limited to Primary and Secondary Legal Authority Reference Materials that include databases, software and search tools, that are able to perform comprehensive searches of primary and secondary legal authorities. Special emphasis and description should accompany Texas and federal legal reference materials.

ii. General Public Records Databases and Materials Online comprehensive public record databases, software and search tools must be able to perform unrestricted comprehensive searches of public record databases made available from all states and must be accessible by any user. Public record databases must include access and search capability to locate individuals and businesses and locate personal and business assets. Respondent must provide a list of the public record databases offered by Respondent that Respondent can include in Respondent’s fixed monthly rate offer.

iii. Restricted Access Public Records Databases and Materials (for Law Enforcement) Online comprehensive public records information databases, software and search tools made available from all states, restricted to governmental or law enforcement agency use only should provide the users the ability to conduct basic and advanced searches. For each specialized public records database or restricted access database identified in response to Section 2.1.A., Respondent shall describe the specific criteria for authorized use or access. Respondent shall also provide copies of any licensing or security documents that may need to be executed with respect to the specialized public records data bases.

iv. News Services and News Databases Access to online comprehensive news services and news databases software and search tools for news events. Respondent must identify in their offer and provide a list and brief description of the best news services and news databases offered by Respondent.

v. Other Similar Products Offered by Respondent Online databases, software and search tools that perform comprehensive searches of primary and secondary legal reference materials databases outside the scope of those outlined above and that meet the objectives of this RFO. Respondent may offer printed materials such as books or other hard copy materials only as a package with online services.

Related Services for Computer Assisted Legal and Investigative Research (CALIR) Services Related services are any value-added service that Respondent may perform as related to the products proposed in Section 2.1.A. Related services include, but are not limited to, product installation, integration, maintenance and support, managed services and product training.

Any Respondent offering product-related services must submit a brief description of those services and the related pricing in the Excel spreadsheet attached as “Exhibit E: Itemized Pricing”. Respondents must also complete the corresponding information in “Exhibit B Respondent History and Experience – CALIR Only” form. Respondent’s Related Services should include, but not be limited to the following:

Documentation and Training

i. Documentation Respondent shall provide user manuals and related materials in an accessible format ("Documentation") sufficient to allow for full utilization of the products/databases in accordance with the product specifications.

ii. Respondent Training Proposal Respondent shall propose an approach to train licensed users through various methods, including but not limited to, Train-the-Trainer, On-Site, and Virtual e-Learning.

Support Respondent must provide their capability to provide the following customer and technical support, such as but not limited to:

i. Online support

ii. Telephone customer and technical support

iii. Sales reports and utilization reports (awarded Responded will work with DIR to report usage and sales)

iv. Research assistance

v. Account administration

vi. Customer billing

vii. Access control to non-contracted databases

viii. Software additions, updates, and enhancements

ix. Notification to DIR Customers of new features

x. Notification of new case law

xi. Trial use periods

xii. Customizable programs IT Research and Advisory Subscription Services Respondent are encouraged to submit their complete line of database products, including delivery of various media types and optional pricing structures.

Areas of Interest may include but are not limited to:

i. Reliable & Secure Services – Security, Continuity of Operations, Connectivity

ii. Mature IT Resources Management - IT Funding, IT Planning & Governance, IT Workforce

iii. IT Security – cybersecurity, common threats, malware threats, ransomware types

iv. Cost Effective & Collaborative Solutions – Legacy Modernization, Cloud Services, Shared Services

v. Data Utility – Data Management and Governance, Open Data, Data Analytics

vi. Mobile & Digital Services – Mobile Applications, Digital Services, Internet of Things Examples of research include, but not limited to:

i. General – Reference Documents, Various Organization or Associations, Driving Reports, Source Directories

ii. Business/Finance – Company Profiles, Financial Records, Business Services, Marketing, Realty, Insurance

iii. Health – Healthcare Related, Best Practices, Physician Associations, Hospitals, Family Assistance

iv. Education – K-12 and Higher Education, Research References, Subjects, Academic Statistics, Social Sciences, Geography

v. Science – Weather Data, Chemical, GPS Data, Environmental

vi. Library Materials – Periodicals/Newspapers, Reference Documents

vii. State Specific – Texas Statutes, Administrative Code, Legislative

viii. Information Technology – Benchmarking, Industry Standards, Information

ix. Local Government – Research References, Environmental, Transportation, Pensions

x. State and Public Interests – Trends, Best Practices, Budgets, Economic Growth Needs, Public Health Information, Workforce Trends

xi. Miscellaneous – Any other resources not falling into these categories.

Key Respondent Personnel Respondents shall designate Key Personnel that at a minimum shall include:

A. Account Manager B. Executive Sponsor C. Technical Subject Matter Experts or Leads Exclusions/Out of Scope The following products and services are not in the scope of this RFO:

A. Related services only (installation, maintenance, support, training, etc.) without also providing an associated IT Research and Advisory Subscription Service and/or CALIR Services.

B. Custom application development services.

C. Deliverables-Based Information Technology Services (DBITS).

D. Cloud Broker Services.

E. Cloud Assessment Services.

F. Professional or consulting services as defined in Chapter 2254 of the Texas Government Code.

Pricing Respondents may submit a response for IT Research and Advisory Subscription Service and/or CALIR Services.

For the purposes of obtaining pricing and evaluating the responses to this RFO, the services and related services, if any, shall be priced and discounted in the excel spreadsheets attached as Exhibit E: Pricing Sheet.

Respondents must respond as follows to the Exhibit E Pricing Sheets for each service that Respondent wishes to be evaluated for under this RFO. Failure to respond as instructed may result in Respondent’s response being disqualified from further evaluation.

A. Services Pricing. For purposes of this RFO, there are four tabs identified below that are in Exhibit E, Pricing Sheet. Respondents shall complete any or all tabs which are applicable to their proposal. See Instructions Tab in Exhibit E, Pricing Sheet for completing each tab.

1. Tab 1: Instructions

2. Tab 2: Services and Related Services for Research and Advisory Subscription Services

3. Tab 3: Related Services Discount Sheet

4. Tab 4: CALIR Pricing

5. Tab 5: Complete Catalog (if applicable) Respondent may propose by service category, or any group of services that is applicable to Respondent’s pricing structure if the discount off MSRP is the same for that service category, or group of services. The DIR Customer Price shall include all shipping, handling fees, and DIR Administrative Fee.

B. Volume Pricing: DIR encourages Respondents to offer Volume Pricing or discount for specific services on the spreadsheet.

C. DIR is not soliciting IT Research and Advisory Subscription Service and/or CALIR Services for the agency. DIR establishes statewide master contracts for use by DIR eligible customers. DIR competitively bids for information technology products and services.

D. Customers must identify their own needs, then contact an awarded DIR Respondent and obtain a price quote for services. Customers may submit a statement of work or purchase order to the Respondent when obtaining a quote based on their needs. The Customer makes the best value determination and issues a purchase order directly to the Respondent.

Electronic and Information Resources (EIR) Accessibility A. Under Texas Government Code, Chapter 2054, Subchapter M, and DIR implementing rules, DIR’s state agency and Institution of Higher Education Customers must procure EIR that complies with the accessibility standards defined in the Texas Administrative Codes 1 TAC 206, 1 TAC 213, and in the Worldwide Web Consortium WCAG 2.0 AA technical standard as applicable, and when such products or services are available in the commercial marketplace or when such products are developed in response to procurement solicitations.

B. Accordingly, all vendors must provide accessibility documentation:

1. For each commercial product (also referred to as commercial off the shelf or COTS), and service products such as Software as a Service (SaaS), Platform as a Service (PaaS), and any other managed services that include a user interface, a completed Accessibility Conformance Report (ACR) or the URL to view the ACR online. See RFO Section 2.5.1 for detailed requirements.

2. For non-product offerings (such as IT related development services, services that include user interfaces, managed services, online components, etc.), a Vendor Accessibility Development Services Information Request (VADSIR), which documents Respondent's capability or ability to produce or customize accessible EIR (also referred to as Information and Communications Technology (ICT)). See RFO Section 2.5.2 for detailed requirements.

3. The Policy Driven Adoption for Accessibility (PDAA) for Vendor Self-Assessment. See RFO Section 2.5.3 for detailed requirements.

ACR Submission and Review A. All Respondents must provide ACRs created using the applicable sections of the Voluntary Product Accessibility Template® (VPAT®) Revised Section 508 Edition (version 2.3 or higher) or provide links to ACRs located on manufacturer(s)’ websites (where available) for every product (as defined above) or product family (as applicable) included in the submitted pricelist. Instructions on how to complete this document are included in the template itself. ACRs based on earlier versions of the VPAT® template will be accepted if such completed ACRs already exist, and there have been no changes to the product or service since April 18, 2020.

B. Respondents claiming that a proposed product or family of products is exempt from accessibility requirements must specify the product(s) as such in “Notes” located in the product information section of the VPAT v.2.3 or higher, or as an additional note in the product information section of older VPAT versions of the form, specifying each exempt product or product family with a supporting statement(s) for this position.

C. Respondents that do not already have accessibility documentation should complete the form included in the bid package or may obtain the form located here: http://www.itic.org/public-policy/accessibility. Resellers should obtain an ACR(s) from the manufacturer or provide links to the manufacturer’s accessibility documentation.

D. DIR will review a sample of ACRs for credibility and completeness.

E. Respondents that submit incomplete ACRs or are unable to provide or obtain ACRs for products it manufactures or for products from manufacturers it represents, may be required to submit a letter (Accessibility Statement) stating that some or all product(s) accessibility documentation may be missing, product accessibility is untested, and an explanation of alternate accommodation.

VADSIR Submission and Review A. Respondents must ensure that EIR and ICT accessibility criteria are integrated into key phases of the project development lifecycle including but not limited to planning, design, development, functional testing, user acceptance testing, maintenance; and report accessibility status at key project checkpoints as defined by DIR customers.

B. Respondents must complete a VADSIR Questionnaire to document the Respondent's capability or ability to produce accessible EIR and ICT if the response includes one or more of the following offerings:

i. Website development services

ii. Web Application Development Services

iii. Custom development services as part of an integrated solution

iv. Client based software application development services

v. Other software development services containing one or more user interfaces (end user, administrative, etc.)

C. VADSIRs will be evaluated by DIR for credibility and completeness.

PDAA Submission and Self-Assessment Score A. All Respondents must complete the PDAA Self-Assessment Questionnaire for responses that include EIR or ICT. The PDAA generates a self-assessment score which is an indicator of the extent to which a Respondent’s organization has implemented accessibility best practices within operations and integrated accessibility criteria into all phases of a product life cycle. The PDAA is an organizational assessment, not an assessment of products or services.

B. PDAA score will be included in the evaluation and a missing or blank PDAA will receive a score of 0 (fail) and may disqualify the Response.

TX-RAMP

Where applicable, respondents shall comply with the requirements of the Texas Risk and Authorization Management Program (“TX-RAMP”). See Appendix A, Standard Terms and Conditions, Section 10.4(B)(xxiv) for more information.

Form of Contract Sample Contract and Terms Negotiation The final terms and conditions of any Contract shall be agreed upon during negotiation. However, the minimum standard terms and conditions that shall be included in any awarded Contract are contained in the Sample Contract attached as Attachment 1 and the Standard Terms and Conditions attached as Attachment 2 to RFO DIR-CPO-TMP-573.

Proposed Changes and Exceptions A. Caution: Respondent’s Response may be disqualified if their exceptions are excessive.

B. Item 12 of Exhibit A Respondent Information contains the format for Respondent to note any exception to any provision, term, or condition specified in the Contract for Product, Services, and Related Services and Standard Contract Terms and Conditions Cooperative Contracts. Respondent should provide any proposed changes to contract language in redline in the “Proposed Language (redline)” column of the chart in Item 12 of Exhibit A Respondent Information. Failure to abide by these instructions may result in DIR rejecting all exceptions submitted by the Respondent.

C. Respondents may request exceptions to standard contract terms and conditions, provided that they provide a legally sustainable reason for the exception (i.e., NOT “My prior contract had the same exception”). If Respondent is unable to comply with these provisions, the Respondent’s Response may be subject to disqualification from further consideration. DIR in its discretion may or may not accept the Respondent’s requested exceptions; exceptions submitted without a legally sustainable reason will not be considered. Material deviations (including excessive, additional, inconsistent, conflicting, or alternative terms) may render the Response non-responsive and may result in rejection of the bid. In addition to the explanation as to why the Respondent cannot comply with the provision, term, or condition, proposed alternative language must be included in the Response. If Respondent fails to note any exception, Respondent will not be allowed to request an exception at some later date.

D. DIR reserves the right to make changes to the Contract or the Standard Terms and Conditions if it is in the best interest of the State to do so. Should this occur prior to the award of any Contract, any Respondent selected for negotiations will be notified.

Term of Contract A. DIR anticipates that the term of the Contract will be an estimated two (2) years with one (1) optional two-year renewal and one (1) optional one-year renewal to be exercised by DIR at its discretion.

B. Section 3.8.3.4 of this RFO contains the format for Respondents to note any exception to any provision, term, or condition specified in the RFO.

C. Any objections or exceptions should be noted in keeping with RFO Section 3.8.3.4.

D. In the event of prolonged Contract negotiations due to the number and/or significance of exceptions taken, lack of responsiveness, or other failure to close Contract negotiations on the part of Respondent that are not due to a failure on the part of DIR, DIR may, in its sole discretion, bypass the Respondent and commence negotiations with the next-highest scoring Respondent, or continue with the current Respondent with a shorter contract term.

Option to Extend The Successful Respondent agrees that DIR may require continued performance, beyond the initial or any renewal Contract term, of any of the within described services at the rates specified in the Contract. This option may be exercised more than once, but the total extension of performance hereunder shall not exceed four (4) calendar months or December 31, of the then-ending Contract Term year, whichever is later. Such extension of services shall be subject to the requirements of the Contract, with the sole and limited exception that the original date of termination shall be extended pursuant to this provision. DIR may exercise this option upon thirty (30) calendar days written notice to the Successful Respondent.

GENERAL SOLICITATION INFORMATION

Point of Contact A. Stephanie Harrison is the sole point of contact for this procurement. Routine correspondence may be directed to Stephanie Harrison as follows:

Stephanie Harrison Department of Information Resources 300 W. 15th Street, Suite 1300 Austin, Texas 78701 E-mail: stephanie.harrison@dir.texas.gov B. Respondents shall make no contact concerning this RFO with other DIR personnel, except as permitted by the point of contact. Failure to comply with this requirement at any point prior to contract award may result in disqualification. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement. Contact with the DIR Historically Underutilized Business (HUB) office is allowed solely for the purpose of addressing HUB Subcontracting Plan (HSP) questions.

Response Integrity A. To ensure the integrity of the competitive process, a Respondent may not directly or indirectly communicate any of the contents of its Response to:

i) A competitor of the Respondent; or

ii) Any other company, corporation, firm, partnership, individual, or related entities of the same parent company engaged in the same line of business as the Respondent; or

iii) A related entity of the Respondent engaged in the same line of business as the Respondent.

B. This prohibition is in effect during the preparation of the offer and while the offer is pending with DIR, including the negotiation and finalization of any resulting Contract. The term “related entities” includes, but is not limited to, affiliates, subsidiaries, associates, branches, and divisions. It does not include entities that may occasionally enter into teaming agreements with one another to provide services under a contract with a third party but otherwise have no legal relationship with each other.

C. When a related entity of the Respondent (whether related at the time Responses are due or at any time thereafter) submits a competing offer, DIR may require additional information to ensure each separate Response is independent. Failure to provide or fully disclose all such information may, at DIR’s discretion, disqualify Respondent or result in the termination of any resulting contract. RESPONDENT HAS AN ONGOING DUTY TO UPDATE ALL INFORMATION INCLUDED IN ITS RESPONSE AT ANY TIME THAT SUCH INFORMATION CHANGES.

Schedule of Events It is DIR’s intention to comply with the following schedule for this RFO. These dates represent a tentative schedule of events. DIR reserves the right to modify these dates at any time. Prospective Respondents will be notified of modifications to the schedule via the Electronic State Business Daily (ESBD) web site.

Table 3: Schedule of Events

Deadline for submitting responses to RFO

Optional Webinar A. DIR will hold a webinar for this procurement on the date and time specified in Section 3.3 Schedule of Events. It is recommended that at least one (1) Respondent representative attend this webinar.

B. DIR will provide attendees the opportunity to submit written questions via the webinar. DIR requests that all questions submitted at the webinar reference the appropriate RFO or Exhibit page and section number.

C. The webinar will provide overview information of the RFO and will provide preliminary answers to questions submitted prior to the webinar question deadline as well as questions submitted via the webinar itself. Although DIR may provide tentative verbal answers to questions on the webinar, only answers provided in writing by DIR shall be considered official. Information in any form other than the materials constituting this RFO and its Exhibits, the Question and Answer Document(s), and any Addenda shall not be binding on DIR. DIR reserves the right to amend answers prior to the offer submission deadline.

D. The webinar will be available live via the web. To participate in this live interactive Webcast, you must register at:

https://www.zoomgov.com/webinar/register/WN_mtaXx7sMRRmhz8-ObpjEVQ Written Questions and Official Answers A. Respondents shall submit all questions regarding this RFO through the BidStamp VIS. Questions regarding this RFO will be accepted until the date and time specified above in 3.3 Schedule of Events. NOTE: Texas observes Daylight Savings Time.

Official answers will be posted as an Addendum to this RFO, on the Electronic State Business Daily (ESBD), available at http://www.txsmartbuy.com/esbd.

B. By submission of a question, vendors acknowledge that the applicable question will be posted with each official answer and therefore vendors should not include any confidential or proprietary information in such questions. DIR will not publish the identity of any vendor that submitted any particular inquiry.

Historically Underutilized Businesses A. The purpose of the Historically Underutilized Business (HUB) Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the goals specified in the State of Texas Disparity Study. Each state agency must make a good faith effort to meet or exceed the goals identified below and assist HUBs in receiving a portion of the total contract value of all contracts that the agency expects to award in a fiscal year in accordance with the following procurement goals/percentages:

i) 11.2% for heavy construction other than building contracts;

ii) 21.1% for all building construction, including general contractors and operative builders’ contracts;

iii) 32.9% for all special trade construction contracts;

iv) 23.7% for professional services contracts;

v) 26.0% for all other services contracts;

vi) 21.1% for commodities contracts.

B. It is the policy of DIR to make a good faith effort to achieve the annual program goals by contracting directly with HUBs or indirectly through subcontracting opportunities in accordance with the Texas Government Code, Chapter 2161.252(b), and HUB Rules promulgated by the Comptroller of Public Accounts (CPA), 34 TAC, Chapter 20.

C. HUBs are strongly urged to respond to this RFO. Under Texas law, state agencies are required to make a good faith effort to assist HUBs in receiving certain percentages of the total value of contract awards. Successful Respondents who meet the qualifications are strongly encouraged to apply for certification as HUBs.

HUB Subcontracting Plan A. DIR has determined that subcontracting is probable under any contract awarded as a result of this RFO. The HUB Goal for this RFO is 26.0%. ALL RESPONDENTS RESPONDING TO THIS RFO, INCLUDING THOSE THAT ARE HUB CERTIFIED OR THOSE WHO DO NOT PLAN TO SUBCONTRACT, MUST COMPLETE A HUB SUBCONTRACTING PLAN (HSP) IN ACCORDANCE WITH THE STATE’S POLICY ON UTILIZATION OF HUBs. THE HSP MUST BE INCLUDED AS PART OF THE RESPONSE TO THIS RFO. FAILURE TO COMPLETE THE HSP AS INSTRUCTED MAY RESULT IN DISQUALIFICATION OF THE RESPONSE FROM CONSIDERATION.

B. The State’s Policy on Utilization of Historically Underutilized Businesses and HSP forms are available at: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php. Please review the HSP forms carefully and allow sufficient time to identify and contact HUBs and allow them to respond. NOTE: Respondent must demonstrate a good faith effort to contract with new HUBs if currently proposed HUBs have performed as subcontractors to the Successful Respondent for more than five (5) years. If the Successful Respondent does not plan to subcontract, Successful Respondent must state that fact in their plan. A scan of the original, signed paper copy of the HSP must be uploaded into BidStamp. Please provide an unsigned copy of the editable PDF in BidStamp as well. The completed, approved plan shall become a part of the Contract if the Respondent is selected to receive a contract as a result of this RFO.

HUB Continuing Performance Any Contract includes reporting responsibilities related to HUB subcontracting. Successful Respondent shall not change any subcontractor without submitting a revised HSP. Any change to a subcontractor and revised HSP must be approved in writing by DIR prior to implementation. Customers are not required to pay for services received from subcontractors that are not part of an approved HSP.

HUB Resources Available A list of certified HUBs is available on the Texas Comptroller of Public Accounts (CPA) Website at: https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. For additional information, contact the CPA’s HUB program office at StatewideHUBProgram@cpa.texas.gov. If Respondent knows of any businesses that may qualify for certification as a HUB, they should encourage those businesses to contact the CPA HUB program office.

Successful Respondent Qualifications Respondents to this RFO must be one of the following:

A. Manufacturer or publisher of the offered product who will sell directly to Customers through a Co-op Contract.

B. Manufacturer or publisher of the offered product who will execute a Co-op contract with DIR and designate one or more qualified dealers or resellers (Order Fulfillers) to sell directly to Customers on its behalf. The manufacturer or publisher may also sell directly to Customers.

C. Dealer, reseller, or service provider who will sell directly to DIR Customers through a Co-op Contract.

Federal Requirements A. State agencies are prohibited from doing business with terrorists and terrorist organizations. Any Respondent listed in the prohibited Vendor list authorized by Executive Order #13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control (Terrorism List) shall not be awarded a Contract as a result of this RFO. Any Respondent awarded a Contract (a Contract Holder) must agree that if at any time during the term of the Contract the Contract Holder is listed on the Terrorism List, the Contract Holder shall promptly notify DIR. As part of DIR’s contract management, periodic checks will be performed to ensure Contract Holder remains in compliance with these Federal Requirements. DIR shall have the absolute right to terminate the Contract without recourse in the event the Contract Holder becomes listed on the Terrorism List.

B. Should any Contract Holder become suspended or debarred from doing business with the federal government as listed in the System for Award Management (SAM) maintained by the General Services Administration, the Contract Holder’s Contract will be terminated without recourse.

C. Contract Holders shall comply with the requirements of the Immigration and Reform Act of 1986, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), and the Immigration Act of 1990 (8 U.S.C.1101, et seq.) regarding employment verification and retention of verification forms for any individual(s) hired on or after the effective date of the 1996 Act who will perform any labor or services under this Contract.

D. The Education Department of General Administrative Regulations (EDGAR) are the federal regulations that govern all federal grants awarded by the U.S. Department of Education on or after December 26, 2014. EDGAR encourages the use of cooperative agreements for procurement or use of common or share goods and services in order to foster greater economy and efficiency. DIR uses an open market competitive procurement process to award contracts as required by Texas Government Code 2054 and 2157. If Successful Respondent provides evidence of its EDGAR compliance that DIR to the best of information and belief, finds to be satisfactory, then DIR may identify Successful Respondent as certifying that all or a portion of Successful Respondent’s listings are EDGAR eligible, and DIR may then permit Successful Respondent to so identify all or part of its offerings on Successful Respondent’s DIR website. In such cases, upon request from eligible Customer, Successful Respondent must complete EDGAR certification affirmation forms to satisfy Customer requirement.

Successful Respondent Performance and Debarment In accordance with 34 TAC, Chapter 20, Subchapter C, a Respondent that is debarred from doing business with the State of Texas will not be awarded a Contract. The list of debarred vendors is located on the CPA Web site at:

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/debarred-vendors.php Required Respondent and Subcontractor Current and Former State Employee Disclosures Respondent shall disclose, for itself and on behalf of all of its Subcontractors, in its response to Exhibit A Respondent Information, Section 12 Respondent and Subcontractor Conflict of Interest Disclosure, all of the following:

A. Any current or former employees of Respondent who will spend twenty percent (20%) or more of their time on the Contract and are current or former employees of DIR within the past five (5) years;

B. Any proposed Respondent personnel assigned to work directly on the Contract twenty percent (20%) or more of their time who are related within two (2) degrees of consanguinity of any current or former employees of DIR. Disclosure of former state employees may be limited to the last five (5) years; and C. Respondent will certify that they are in compliance with Texas Government Code, Title 6, Subtitle B, Section 669.003, relating to contracting with the executive head of a state agency. If Section 669.003 applies, Respondent will complete the following information in order for the Response to be evaluated: Name of Former Executive, Name of State Agency, Date of Separation for State Agency, Position with Respondent, and Date of Employment with Respondent.

Cybersecurity Training In accordance with Section 2054.5192, Texas Government Code, for any contract with a state agency or institution of higher education, if Successful Respondent, or a subcontractor, officer, or employee of Successful Respondent, will have access to a state computer system or database, then Successful Respondent shall ensure that such officer, employee, or subcontractor shall complete a cybersecurity training program certified under Section 2054.519, Texas Government Code, as selected by Customer state agency. The cybersecurity training program must be completed by such officer, employee, or subcontractor during the term of the contract and during any renewal period. Successful Respondent shall verify to the Customer state agency are institution of higher education completion of the program by each such officer, employee, or subcontractor.

Response Deadline and Submission Requirements A. Respondents are required to submit Responses in accordance with the requirements outlined in this document. Responses must be received by DIR on or before the date and time specified in RFO Section 3.3 Schedule of Events. No late Responses will be reviewed.

B. The system clock in the BidStamp VIS is the official timepiece for determining compliance with the deadline. All responses will be date and time stamped electronically in the BidStamp VIS or if accommodation is granted by DIR, when received by the Purchasing Office on the 13th floor, at which point the clock in the Purchasing office shall serve as the official timepiece for those Responses.

Response Instructions A. Respondent will follow the instructions set forth in the following Exhibits and Attachments to this RFO.

B. Each section, Exhibit, and Attachment of this RFO, along with any other associated files, contains individual detailed instructions regarding the required format of the Respondent’s Response. The Respondent is required to respond according to the instructions contained in each section of this RFO.

C. Respondent’s Response must be consistent with the structure, sequencing, and terminology used in this RFO.

BidStamp Vendor Information System (VIS) Portal DIR’s BidStamp Vendor Information System (BidStamp VIS) provides prospective Respondents with the ability to create a profile that supports the key functions required during the solicitation response process. The high-level processes associated with the portal include vendor account/profile creation, vendor contact creation, vendor account management, and Response submission. In addition to the account management and solicitation response capabilities enabled by the BidStamp VIS portal, Respondents will be able to view open solicitations and additional information about DIR.

VIS Account Request Process A. Before users can access any of the BidStamp VIS portal functionality, they will be required to provide login credentials to access a new or existing account. Respondents may access the BidStamp VIS Portal via http://dircommunity.force.com/BidStamp, and enter in their access credentials. If a potential Respondent does not yet have login credentials, the Respondent should request one by clicking on “Are you a Vendor and need to request an account?” button that is located on the login page. NOTE: This process can take up to forty-eight (48) hours to complete. Interested parties should not wait until the closing date to begin the process of creating an account.

B. Instructions for VIS account access and using the BidStamp VIS portal to submit solicitation response can be found on DIR’s website Information for Vendors page.

Solicitation Response Requirement A. Any Respondent to this RFO must submit their Response through the BidStamp VIS unless other…