ESBD_File_329629_SOLICIEXH_IFB_23R0014029.pdf

DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-23R0014029

TYPE OF SOLICITATION

INVITATION FOR BIDS

DATE ISSUED

07/11/2023

Utility Invoice Services Bidder must submit electronic responses no later than 5:00 P.M. Central Time on 07/27/2023 to the following email address.

DPS_Solicit_Response@dps.texas.gov Attention: 405-23R0014029

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 solicitation document.

FOR INFORMATION CONTACT:

Bobby Jacobs, CTPM, CTCM

Contract Administrator

PHONE: (214) 861-2442

EMAIL: Bobby.Jacobs@dps.texas.gov.

RESPONSE (Bidder must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

Bidder acknowledges receipt of solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF BIDDER:

RESPONSE DATE

EMAIL AND TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, AND REMEDIES

By signing this document, Bidder represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate.

Bidder must sign its response in the space indicated above. If Bidder does not sign its response, DPS will disqualify its response. Also, DPS may pursue and enforce any available remedies against the Bidder for making any false statement, including disqualifying the Bidder’s response, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

TERM, PRICING, AND FUNDING

The contract term commences on the effective date stated in the signing document, (or purchase order contract) and expires five years from that effective date.

If necessary, at the end of the contract term, DPS may also extend the Contract as described in the Standard Terms and Conditions section entitled “Option to Extend Services.”

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

mailto:s@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 - SPECIFICATIONS

C.1 INTRODUCTION

C.2 REQUIRED SPECIFICATIONS

C.3 PROCESSING UTILITY BILL REQUIREMENTS

C.4 OPTIONAL SERVICES

C.5 REPORTING

C.6 DPS PERSONNEL TRANSITION

C.7 TRAINING

C.8 DPS PERSONNEL

C.9 INSURANCE REQUIRED UNDER THIS CONTRACT

C.10 CRIMINAL HISTORY BACKGROUND CHECK

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

D.1 RESPONSE PREPARATION INSTRUCTIONS

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

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D.7 RESPONSE SUBMISSION INSTRUCTIONS

D.8 DISCUSSION AND CORRESPONDENCE

D.9 BIDDER SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

D.10 AGENCY POSTING OF CONTRACTS

D.11 ANTICIPATED SCHEDULE OF EVENTS

SECTION E—EVALUATION CRITERIA

SECTION F—LIST OF EXHIBITS

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SECTION A—DEFINITIONS

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

“Account Invoice” means A bill for services received from a utility provider that may include, but not limited to, electricity (deregulated and regulated), natural gas, water, waste management and wastewater utility invoices. Multiple services under one account may appear on one bill.

“Bid” means the Bidder’s response to this solicitation. A Bid is an offer to contract based upon the terms, conditions, and specifications contained within the solicitation. Bids do not become contracts until they are accepted through an open market purchase order.

“Bidder” means the individual, business entity, or organization that submits a response in reply to this solicitation with intent to contract with DPS.

“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 the formal, written, and legally enforceable agreement between DPS and Contractor.

“Contractor” means the individual, business or other entity awarded this Contract. In the context of submitting a response, “Contractor” also means “Bidder” 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.

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

“Parties” means Contractor and 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. Bidder 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 contracted pricing and payment structure will represent Contractor’s sole compensation under the Contract. DPS guarantees no minimum compensation under the Contract.

In the event that there is only one qualified Bid in response to this solicitation, DPS may, at its discretion, negotiate with Bidder.

B. 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.

C. Catalogs, brand names, or manufacturer’s references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under Tex. Gov’t Code § 2155.067. If a Bidder believes it can satisfy these specifications, it should bid its goods or services and explain how the specifications will be adequately met.

D. If bidding on specifications other than those stated within this solicitation, bid should show manufacturer, brand, or trade name, and other description of product offered. If other than brand specified is offered, then Bidder must include specifications, illustrations, and complete descriptions of product offered must be included with bid. Failure to take exception to specifications or reference data will require Bidder to furnish specified brand names, model numbers, etc.

E. Unless otherwise specified, all items bid must be new and unused and of current production.

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

A. Upon request, Bidder must provide evidence of its financial resources and its ability to provide the commodities or perform the services for which Bidder is submitting a response. This includes information Bidder 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 Bidder’s operations or, in the alternative, financial statements compiled, reviewed, and attested by an independent certified public accountant or certified public accounting firm. Bidder may submit a copy of its Dun & Bradstreet (D&B) Business Information Report. If a D&B is submitted the report must include Bidder’s Viability Score and the Portfolio Comparison Score or similar ratings.

C. In lieu of providing financial statements in its Proposal, a Bidder may provide a statement regarding its financial stability and viability to perform under any resulting contract. If Bidder elects this approach rather than audited financial statements, the Bidder must submit a statement, with appropriate supporting documentation, sufficiently detailed to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this solicitation.

D. Bidder must provide information and any other financial information reasonably requested by DPS consistent with the services provided by Bidder 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 Bidder and to reject a response on the grounds of Bidder’s lack of financial soundness, or if DPS reasonably concludes, after reviewing the information submitted by Bidder as well as all other relevant information obtained by DPS, that significant issues exist that could jeopardize Bidder’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.

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

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

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

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

B.4 MANDATORY PRICING SCHEDULE

Bidder must submit its bid price within the Mandatory Pricing Schedule in this section, replicating, as necessary, in its exact format.

Price Per Invoice Processed

LINE ITEM Electronic Data Interchange Paper Billing Other Electronic

Means

1 $ $ $

LINE ITEM State Energy Conservation Office Reporting - Optional Service - Price per site

2 $ mailto:apinvoices@dps.texas.gov

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SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

DPS seeks proposals from qualified firms to establish a contract for Utility Invoice Processing Services.

C.2 REQUIRED SPECIFICATIONS

C.2.1 Statement of Work

All requirements contained therein are considered mandatory, and must be provided as specified with no alteration, modification, or exception. DPS reserves the right to waive minor technicalities.

Once Customer notifies Contractor to begin service, Contractor will begin efforts to have all of Customer’s utility invoices, as directed by Customer, redirected to them, either through a centralized mailbox or through electronic means, for processing.

Upon receipt of an invoice, Contractor is responsible for the following:

A. electronically imaging the invoice, B. date stamping the invoice in compliance with State prompt payment law, C. date stamping the invoice with the date that the vendor received the invoice from the utility provider, D. performing verification and validation of the invoice, E. identifying and resolving exceptions on the invoice, and F. transmitting an electronic accounts payable (AP) file, or consolidated electronic AP file when possible, to the Customer for payment of the invoice.

Contractor will also be required to maintain a web-based application for storage of invoice data and electronic images.

The following graphic outlines the steps in the process flow:

Contact Utility Provider & Redirect Invoices

Image Invoices Received

Date Stamp Invoices

Verify and Validate Invoices

Resolve Exceptions (as necessary)

Map Invoices to Proper Chart of Accounts

Build and Transmit AP File to Customer

Populate Web-Based Application with Invoice Data

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C.2.2 Contractor Experience

Respondent must meet the minimum qualifications described below. If a Respondent does not meet the minimum qualifications as described below, the Respondent’s proposal may be disqualified from further consideration.

A. Minimum of 10 full years as an energy invoice processor for government or private entities

B. Minimum of 1,000 invoices processed per month, including both government and private entities

C. Ability to provide Customers access to a database with the ability to capture invoice transaction data for current and historical reporting purposes

D. Ability to aggregate and/or summarize billing statements to maximize invoice processing efficiencies, including Electronic Data Interchange (EDI) invoices, paper invoices and other electronic invoices such as emailed bills.

C.2.3 Customer Service/Staffing Requirements

C.2.3.1 Contractor’s Contract Management Team

The following minimum staffing requirements may be increased at DPS’s request as needed:

C.2.3.2 Project Manager

A. Contractor will provide a designated Project Manager for the Contract to address any Contract issues and requests from DPS’s assigned contract manager or designee.

B. The Project Manager must be accessible by phone and email and respond to voicemails and emails within 1 business day. For every business day that a designated Account Manager is unavailable in excess of 2 business days in a week, Monday to Friday (excluding Federal and State holidays) during the hours of 8am to 5pm Central Time, may result in the assessment of liquidated damages as set forth in the Schedule of Liquidated Damages - Exhibit F.6.

C. The Project Manager should be knowledgeable of all aspects of the Contract and have the ability to address and correct any issues related to the implementation and operation of the Contract.

D. Contractor shall notify DPS in writing within fifteen (15) calendar days of assigning a new Project Manager. Failure to provide notice at least fifteen (15) calendar days may result in the assessment of liquidated damages as set forth in the Schedule of Liquidated Damages - Exhibit F.6.

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C.2.3.3 Account Manager

A. Contractor will provide a designated Account Manager, to handle questions and resolve problems that arise.

B. The Account Manager must be accessible by phone and email, with coverage on Monday to Friday (excluding Federal and State holidays) from 8am to 5pm Central Time, and respond to voicemails and emails within 1 business day. For every business day that a designated Account Manager is unavailable in excess of 2 business days in a week, Monday to Friday (excluding Federal and State holidays) during the hours of 8am to 5pm Central Time, may result in the assessment of liquidated damages as set forth in the Schedule of Liquidated Damages - Exhibit F.6.

C. The Account Manager will be responsible for addressing issues related to the implementation and operation of the Contract for specific Customer accounts, and have the ability to address and correct any issues related to a Customer’s account.

D. Contractor will notify DPS in writing fifteen (15) calendar days prior to the assignment of a new Account Manager. Failure to provide notice at least fifteen

(15) calendar days may result in the assessment of liquidated damages as set forth in the Schedule of Liquidated Damages - Exhibit F.6.

C.2.4 Contractor Provision of Resources

Contractor must furnish all resources used in performing the work unless otherwise specified or approved by DPS.

C.2.4.1 Customer Service and Technical Support Call Center

Contractor shall provide a customer service and technical support call center accessible by a toll-free phone number and available to Customers Monday through Friday, (excluding Federal and State holidays) from 8am to 5pm Central Time. Each hour that the customer service and technical support call center is unavailable in excess of 2 hours in a weekday, Monday to Friday (excluding Federal and State holidays) during the hours of 8am to 5pm Central Time, may result in the assessment of liquidated damages as set forth in the Schedule of Liquidated Damages - Exhibit F.6.

Contractor shall address all customer service and technical support issues within 48 hours.

Failure to do so may result in the assessment of liquidated damages as set forth in the Schedule of Liquidated Damages - Exhibit F.6.

C.3 PROCESSING UTILITY BILL REQUIREMENTS

C.3.1.1 Receipt of Utility Bills

A. Contractor must contact each utility provider, as applicable, for participating Customers, including but not limited to utility providers for electricity (deregulated and regulated), natural gas, water, waste management and wastewater utility

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B. Contractor must provide collective and/or summary billing along with electronic billing for utility accounts from utility providers.

C. In an effort to make the Contract more efficient and useful to state government customers, Contractor must work with each utility provider towards the most efficient means of invoicing available with each utility provider by:

I. increasing billing efficiencies, where available.

II. increasing usage of electronic invoicing in the form of EDI or other electronic means.

C.3.2 Imaging of Invoices

A. Contractor must create a scanned image of each utility invoice received. At a minimum, Contractor must be able to provide scanned images in either a searchable PDF or a Microsoft Word format.

B. Contractor must ensure image consistency (e.g., image contrast, brightness, tone, hue, exact color matching) and imaging errors, including deficiencies in image quality, consistency, or enhancement are corrected.

C. Contractor must provide indexing of imaged invoice documents.

D. Upon request, copies of invoice images separated by consolidation files must be provided to the customer.

C.3.3 Verification and Validation of Invoices

A. Contractor must maintain a manual and/or automated process to verify and validate the accuracy of invoices received.

B. Contractor must resolve discrepancies and validate that each utility invoice is correct and free from billing errors.

C. Contractor must perform an automated bill error check, examining invoices for data errors and omissions, such as surcharges exempted from payment by Customers (i.e., sales and gross receipts taxes).

D. Contractor must perform invoice audits, examining invoices for overlapping dates, meter- reading overlaps, meter-reading gaps, inconsistent services, abnormally high or low consumption, high demand factors, and other billing anomalies.

C.3.4 Exception Processing

A. Contractor must work with all necessary parties, including utility providers, to review and resolve all exceptions identified and flagged in the verification and validation process.

B. Contractor must resolve all outstanding exceptions prior to completing invoice processing.

C. Contractor must document all invoice resolutions and submit a monthly report of all exceptions and resolutions to Customers.

D. Contractor must work with each Customer to understand their unique rules and

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C.3.4 Exception Reporting

A. Contractor must report all exceptions and resolutions of exceptions on a monthly basis.

B. Contractor must provide each Customer with missing bill, bill gap, and zero consumption reports on a monthly basis.

C. An exception report must be generated each month, regardless of whether the

Customer does or does not receive an invoice from a provider and whether or not a bill gap exists.

D. Contractor must notify customer regarding outstanding credits on accounts or fluctuations in usage above or below 10% on a monthly basis. Customer to advise Contractor for changes to the variance percentage in preceding sentence.

C.3.5 Electronic Transmission of Invoices to Customer

Contractor must process incoming invoices and prepare an electronic AP (Accounts Payable) file for each Customer for import into their accounting system. Contractor must perform the following processes:

A. Identification of Schedule of Accounts: Contractor must work with each Customer to establish a schedule of accounts, including specific codes required by their internal accounting system to identify both Customer funding sources and the type of expenditure. Each Customer may have a different schedule of accounts dependent on the sources of funding that they receive, and the type of internal accounting system used. For example, if requested by Customer, Contractor should be able to assign correct appropriation year funding code based on the service date on the invoice.

B. Invoice Matching: Contractor must match the Customer’s utility invoice information with the Customer’s schedule of account coding and develop an electronic AP data file for transmission to the Customer for import into Customer’s internal accounting system.

C. Transmission of AP File: Contractor must work with Customer to determine requirements for the AP data file including, but not limited to, required file format, method of transmission and frequency of transmission.

Duplicate Payment File Validation: Contractor must have a process in place to prevent duplicate payment files from being transmitted to Customer. Failure to do so may result in the assessment of liquidated damages as set forth in the Schedule of Liquidated Damages

- Exhibit F.6.

D. Duplicate Payment File Validation: Contractor must have a process in place to prevent duplicate payment files from being transmitted to Customer. Failure to do so may result in the assessment of liquidated damages as set forth in the Schedule of Liquidated Damages - Exhibit F.6.

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C.3.6 Disclosure of Theft of Documents

Contractor must disclose to the designated DPS Contract Manager and Customer(s) any damage to, loss or theft of Customer documents within twenty-four (24) hours of becoming aware of the theft.

C.3.7 Timelines

Processing time from receipt of invoice from each Utility Invoice Provider (including all processing requirements as outlined in Sections C.3.1.1 through Section C.3.5 until transmission of an AP file to the Customer must not exceed 5 business days.

Contractor will be responsible for any penalties and/or fees owed to a Utility Provider caused by the Contractor’s delay in invoice processing. If a Utility Provider disconnects the Customer’s utility service due to Contractor’s delay in invoice processing, Contractor will be responsible for all fees associated with the reconnection of these utility services.

C.3.8 Technical Specifications

Contractor must provide a web-based application at no charge to Customers that operates on common internet browsers as may be employed by Customers.

The web-based application system must be available twenty-four hours a day, seven days a week, exclusive of scheduled maintenance, for which DPS has received 10 days’ advanced notice. System uptime should be ninety-nine (99.0%) percent during each month during the contract period. Any web- based application system downtime, in excess of 3 hours during any 24-hour period during Monday to Friday (excluding Federal and state holidays), during the contract term, may result in the assessment of liquidated damages as set forth in the Schedule of Liquidated Damages - Exhibit F.6.

All software, software upgrades and software revisions shall be provided at no charge. All data belongs to the Customers.

C.3.8.1 Data Access

Contractor’s web-based application must be capable of providing access to the following, at a minimum:

A. Utility invoice data, including consumption and cost data B. Utility invoice images C. Standard and customizable reports, charts and graphs D. Invoice audit and analysis tools

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C.3.8.2 User Access

Contractor must be able to limit access to data and track/report data at multiple levels including, but not limited to:

A. Statewide (Statewide Contract Management and/or CPA access) B. Customer (Customer administrator) C. Customer locations/facility D. Customer divisions E. Individual Utility Account

C.3.8.3 Customer Reports

A. Monthly Reporting:

(Per DPS Location/Facility or by customer) This report must include, but is not limited to:

I. Total Amount Invoiced II. Total Number of Invoices Received

III. Total Amount Invoiced by Utility Provider IV. Total Number of Invoices by Utility Provider V. Total Number of Units Consumed, as is applicable, per Utility Provider and utility type

VI. Credits on account, if any VII. Fluctuations in usage above or below 10%, if applicable

B. SECO Detailed Monthly Energy (Electricity and Natural Gas) and Water Consumption Report: This report must include, but is not limited to:

I. Customer Locations (Property Name, Property Address, Property Identification Number)

II. Consumption Type: Electricity, Natural Gas or Water III. Total Consumption by Meter:

i. Total Consumption Amount

ii. Unit of Measure

1. Electricity: Thousand Watt-hours (kWh)

2. Natural Gas: Hundred Cubic Feet (ccf)

3. Water: Gallons

iii. Cost (of consumption type per meter)

iv. Summary Consumption and Cost totals by Consumption Type

IV. Total Consumption by location:

i. Summary of consumption and cost totals by consumption type, grouped by location.

Reference SECO’s reporting requirements for additional requirements:

https://comptroller.texas.gov/programs/seco/reporting/agency.php

C. Ability to create ad hoc/customized reports for each unique Customer https://comptroller.texas.gov/programs/seco/reporting/agency.php

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D. Ability to have specific reports sent to users automatically based on established criteria E. Ability to establish thresholds for data elements and have exception reports or alerts sent automatically if threshold is exceeded.

F. Ability to query and export data from the application to a commonly used software format i.e Microsoft Excel or Microsoft Access.

C.3.8.4 Data Collection

Contractor’s web-based application system must be able to interface with other related applications, such as “Building Automation and Energy Star Portfolio Manager”.

C.3.8.5 Access to Customer Data

Contractor represents and warrants that it will implement, maintain, and use appropriate administrative, technical, and physical safeguards to preserve the confidentiality, integrity, and availability of Customer Data. Contractor will not collect, access, use, disclose, or retain Customer Data other than as necessary to perform the services specified in a contract resulting from this solicitation or as otherwise authorized in writing by Customer. Contractor will restrict access to Customer Data to only those personnel who must have the information on a “need to know” basis. Contractor will not use Customer Data, or any information derived from Customer Data, for its own benefit or the benefit of any other person or entity. Contractor will not share Customer Data with its parent company or other affiliate without Customer or DPS’s express written consent.

C.3.8.6 Location of Customer Data

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

C.3.8.7 Pricing

Proposed prices offered to DPS may be considered the Respondent’s most favored Customer pricing. In the event that Contractor offers or provides a decrease in price to its customers for the same services, under the same terms and conditions, provided for the State of Texas pursuant to its Contract, Contractor must provide the same decrease in price for the State of Texas. DPS recommends that Contractor provide any price decrease voluntarily.

C.3.8.7.1 Price Decreases

Contractors are required to immediately implement any price decrease that may become available. Contractor must notify DPS in writing so that DPS may update the Contract.

Contractors should send notification of price decreases by e-mail to both:

AP_Customer_Service@dps.texas.gov and Sofyane.Bouguerra@dps.texas.gov

Or mail to:

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Texas Department of Public Safety Attn: Finance - AP Manager PO Box 4087 Austin, TX 78773-0130

C.4 OPTIONAL SERVICES

Contractor must include, as an optional service, the cost to transfer and submit data to SECO directly, by Utility Provider Account and usage, in accordance with 34 Texas Administrative Code §19.14:

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc= &p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=19&rl=14

C.5 REPORTING

C.5.1 Reporting Requirements

By the 10th day of every calendar month, Contractor must report to DPS the past month’s fees to Customers under the Contract. The dollar value of the sale must be the price paid by the Customer for services under the Contract. If no sales occur, Contractor must report no sales in a manner prescribed by DPS.

Contractor must submit Monthly Sales Report electronically to DPS AP Customer Service AP_Customer_Service@dps.texas.gov and to DPS AP Manager Sofyane.Bouguerra@dps.texas.gov in the format prescribed by DPS. If the Contractor fails to submit sales reports, falsifies sales reports, or fails to submit sales reports in a timely manner, DPS may terminate or cancel the Contract pursuant to DPS Standard Terms and Conditions.

C.5.2 Fee Reporting

Within ninety days of the end of each Fiscal Year term, Contractor must provide a detailed accounting annual report to each Customer for Utility Account Processing fees that have been charged during the contract term.

C.6 DPS PERSONNEL 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.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=19&rl=14 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=19&rl=14 mailto:AP_Customer_Service@dps.texas.gov mailto:Sofyane.Bouguerra@dps.texas.gov

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C.7 TRAINING

Contractor must provide training for use of its web-based application to all Customers.

C.8 DPS PERSONNEL

C.8.1 DPS’s Contract Administrator

A. The Contract Administrator for administration of this Contract is Bobby Jacobs.

B. The telephone number for the Contract Administrator is 214-861-2442.

C. The email address is Bobby.Jacobs@dps.texas.gov.

The Contract Administrator is responsible for the general administration of this Contract, negotiation of any changes, and issuance of written amendments to this Contract.

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

C.8.2 DPS’s Contract Monitor

A. The Contract Monitor for this Contract is Sofyane Bouguerra.

B. The telephone number for the Contract Monitor is 512-424-2063.

C. The email address is Sofyane.Bouguerra@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.9 INSURANCE REQUIRED UNDER THIS 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.

mailto:Bobby.Jacobs@dps.texas.gov mailto:%20Sofyane.Bouguerra@dps.texas.gov

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C.10 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor’s project personnel must submit to a fingerprint-based Criminal History Background Investigation, if required by DPS at Contractor’s expense. To facilitate this Criminal History Background Investigation, each person must complete DPS’s 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’s 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’s 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.

C. When required, Contractor’s Project Manager will provide the following to DPS’s Contract Monitor within ten days of executing the Contract:

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

2. 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.

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SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

D.1 RESPONSE PREPARATION INSTRUCTIONS

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

B. Bidder must prepare its response in accordance with these instructions providing all required information in the format specified.

C. Failure of a response to show compliance with these instructions and submit all documentation may be grounds for considering the response non-responsive.

D. Bids 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). Bidder’s response must be paginated, contain a full table of contents, and have component sections clearly identified by electronic bookmarks.

E. DPS must receive bids no later than the deadline established in this solicitation and submitted to the submission email listed on page 1.

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

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

D.2 SOLICITATION ADDENDA

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

B. Bidder’s failure to timely acknowledge addenda may subject its Bid to rejection.

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

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

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

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

D. No Bids can be withdrawn after closing date and time without approval by DPS. Should a Bidder, after closing time, request its Bid be withdrawn, Bidder must email the request to the Contract Administrator listed in the solicitation

E. DPS is not responsible for submissions delivered to DPS after the date and time stated on the first page of this solicitation. It is the Bidder’s responsibility to ensure that it submits, and that DPS receives, its complete Bid timely. DPS recommends that Bidder submit their complete Bid well in advance of the due date and time stated on the first page of this solicitation.

F. DPS takes no responsibility for electronic Bids 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.

D.4 RESPONSE ACCEPTANCE PERIOD

A. All Bids 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 mutual written agreement of both parties.

D.5 CONTRACT AWARD

DPS may award one or more Contracts resulting from this solicitation to a responsible Bidder whose Bid is best value under the evaluation criteria in this solicitation. Due to the number of line items, it is possible that there will be multiple Contracts awarded from this solicitation, but DPS will not award more than one Bidder (who is the best value) per line item.

D.6 DPS’S RIGHTS

A. DPS may:

1. reject any or all Bids if such action is in the public interest;

2. accept other than the lowest priced Bid; and

3. waive minor informalities and minor irregularities in Bids received.

B. Waiver of deviations in any Bid will not constitute a modification of this solicitation and will not preclude DPS from asserting all rights against the Bidder for failure to fully comply with all terms and conditions of this solicitation. Copyrighted Bids are unacceptable and are subject to being considered non-responsive. DPS reserves the right to make any corrections or include additional requirements in the resulting

Page 21 of 28 Version 1.1, Template Approved 10/31/2022 contract prior to issuance which are necessary for DPS’s compliance, as an agency of the State of Texas, with all state and federal requirements. DPS reserves the right to consider any Bid non-responsive which asserts any copyright on any DPS-created form which is specifically designated by this solicitation to be a form that will be completed and included in a Bid submitted in response to this solicitation.

C. DPS reserves the right to reject any one Bid or all Bids or portions of Bids submitted in response to this solicitation.

D. The submission of a Bid has the effect of waiving proprietary rights or confidentiality.

E. All Bids and any content provided by the Bidder are considered the property of DPS for use for the life of any resulting contract as determined by DPS with respect to the scope of the project.

F. DPS is not liable for any costs or damages that may be incurred by Bidders or prospective contractors in the preparation, formulation, or presentation of a Bid.

G. In case of ambiguity or lack of clarity, DPS may adopt such interpretations as may be advantageous to DPS.

H. DPS reserves the right to withdraw this solicitation at any time for any reason.

I. DPS reserves the right to award no contract and to solicit additional Bids at a later time.

J. DPS incurs no obligation regarding this solicitation unless and until a contract is fully executed by the parties. However, all Bids received by DPS will remain confidential until the evaluation process is complete.

K. DPS will not hold a public bid opening event.

D.7 RESPONSE SUBMISSION INSTRUCTIONS

D.7.1 Volume One – Required Contract Forms and Information

This section will contain the following completed contract sections with authorized representative original signatures, where applicable:

A. Solicitation, Page 1 (with any signed addenda);

B. Information and Certifications Form;

C. Financial Rating and Solvency Information, if applicable;

D. A Redacted Solicitation and Contract Bid, if applicable;

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E. Direct Deposit Authorization Form (74-176), completed if choosing direct deposit as a possible payment option;

F. Request for Taxpayer Identification Number and Certifications (W-9);

G. Application for Texas Identification Number (AP-152); and

H. Documentation from the appropriate state entity that indicates that Bidder is properly certified to conduct business in the State of Texas (e.g., The Certificate of Existence from the Texas Secretary of State and the Certificate of Account Status from the Comptroller of Public Accounts).

D.7.2 Volume Two – Information Bid Section

A. Cover Page: List name and address of Bidder, date of response, solicitation identifier, and signature of authorized official.

B. Introduction: Clear expression of who Bidder is, to include an outline of organizational capabilities, goals, project management process approach, business process management design, other previous accolades, and a listing of all subcontractors.

C. Information Sheet: Including all information required of Bidder and any subcontractors.

1. Name and address (including telephone number) of Bidder and all subcontractors.

2. Business form of Bidder and its subcontractors (e.g., corporation, partnership).

3. Date and state of incorporation.

4. Names and addresses of principal officers, directors, or partners.

5. A résumé of key personnel who will be providing services in any resulting contract, both Bidder and subcontractor employees. These résumés should include the percentage of time each person will dedicate to any resulting contract. The response will include key project personnel as follows:

i. Demonstrated experience in providing the services requested in this solicitation for each key project personnel.

ii. Résumés for key personnel assigned to any resulting contract will include: project management experience, supervisory experience, business process experience, application languages, hardware installation abilities, software upgrade experience, programming skills/abilities, data formats for each qualifying project.

1) Name

2) Title (current)

3) Education

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4) Experience related to projects the staff member was directly involved in:

5) Project(s) Scope:

a) Role

b) Related specific technical qualification experience

c) Start and completion dates (must include MM/DD/20YY)

d) Specific work to be performed or deliverables to be provided under the Contract.

D. Bidder must identify and provide in its bid a minimum of three references relating to past contracts or projects that are similar in size and scope. Bidder must provide, at a minimum, the name, email address, phone number, and title for each reference provided. Additionally, Bidder must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

E. Organizational, biographical, and Financial Rating information, if applicable, for Bidder and all third parties and subcontractors proposed to fulfill service requirements.

F. Project Schedule and Plan: A plan detailing how Bidder will deliver the commodities and fully implement the services required in Section C.

G. Bidder must specifically address, within its response, the requests for information as detailed throughout this solicitation. Bidder is responsible for ensuring that all such information is included within its Bid.

H. Bidder is encouraged to provide a bid narrative for each section and subsection, in the format in which requirements are presented, in sufficient detail to clearly demonstrate Bidder’s compliance with all requirements of this solicitation, both technical and administrative. Supplemental justification or documentation can be provided as attachments. Bidder must ensure that all material submitted should be directly pertinent to the requirements of this solicitation and will be formatted as to the specific requirement as delineated in this solicitation.

I. Business Continuity and Disaster Recovery Plan. Bidder must submit, with its response, descriptions of its business continuity and disaster recovery plan and processes. If DPS awards a Contract under this solicitation, Contractor must submit, within ten days from Contract award, its plans regarding how Bidder will protect DPS’s vital state records throughout the life of the Contract and for any record retention period required beyond the life of the Contract. The plans must include specific actions Contractor will take to meet DPS’s essential function recovery times and the related artifacts for the methodologies, tests, and exercises used to validate its business continuity and disaster recovery plan. DPS may reasonably require Contractor to amend its business continuity and

Page 24 of 28 Version 1.1, Template Approved 10/31/2022 disaster recovery plan (based on DPS’s dependence or necessity on the particular good or service).

J. Assumptions. No assumptions should be included in a Bid. All issues or questions that might be advanced or addressed by way of assumption should be submitted to DPS. The inclusion of assumptions in a submittal may result in a Bidder not being awarded a contract.

D.7.3 Volume Four –Pricing Response

Bidder must provide its pricing in the Mandatory Pricing Schedule in the exact format noted.

D.8 DISCUSSION AND CORRESPONDENCE

A. Bidder must communicate and ask questions concerning this solicitation, including any of a technical nature, in writing only to the Contract Administrator listed on page 1 and in accordance with any required deadlines.

B. DPS will provide written responses to the questions.

C. Bidder should rely only on the written information provided in this manner. Bidder is specifically cautioned against relying on any oral information.

D. Bidder is specifically prohibited from making contact with any DPS personnel other than the Contract Administrator involved in this solicitation for discussing its responses. The only exception is if the Bidder has questions regarding proper completion of the HSP, the HUB coordinator listed on the HSP may be contacted with a copy to the Contract Administrator.

E. The responsiveness of each bid will be evaluated upon the written instructions provided by throughout this solicitation and as described in Section E, Evaluation Criteria.

F. Unauthorized contact with DPS personnel by any Bidder may result in DPS considering Bidder’s bid non-responsive in its entirety.

D.9 BIDDER SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

DPS is a governmental body subject to the Texas Public Information Act (PIA), Tex. Gov’t Code Chapter 552. The response and other information submitted to DPS by Bidder are subject to release as public information by DPS. The response and other submitted information is presumed subject to disclosure unless a specific exception to disclosure under the PIA applies.

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If it is necessary for Bidder to include proprietary or otherwise confidential information in its response or other submitted information, Bidder must clearly label that proprietary or confidential information and identify the legal basis for confidentiality.