ESBD_File_329661_SOLICI_405-22R0015493.pdf

DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-22R0015493

TYPE OF SOLICITATION

NEGOTIATED – REQUEST FOR

OFFERS (RFO)

DATE ISSUED

07/12/23 DLD Microfilm Digital Conversion

Vendor must submit electronic responses no later than 5:00 P.M. Central Time on 8/4/2023 to the following address.

DPS_Solicit_Response@dps.texas.gov Attention: 405-22R0015493

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

FOR INFORMATION CONTACT:

Alicia Riley, CTCD

Contract Administrator

PHONE: 512-424-5994

EMAIL: Alicia.Riley@dps.texas.gov

RESPONSE (Respondent must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

Respondent acknowledges receipt of Solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF RESPONDENT:

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

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

TERM, PRICING, AND FUNDING

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

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

mailto:DPS_Solicit_Response@dps.texas.gov mailto:bobby.jacobs@dps.texas.gov

Page 2 of 28 Template Approved 5/26/2022

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.4 mandatory PRICING SCHEDULE

PRICING SHEET FOR MICROFILM/MICROFICHE DIGITIZATION

SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

C.2 SCOPE

C.2.6 REPORTS AND MEETINGS

C.3 TRANSITION

C.4 DPS PERSONNEL

C.5 LIQUIDATED DAMAGES

C.6 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.7 INSURANCE REQUIRED UNDER THE CONTRACT

C.8 CRIMINAL HISTORY BACKGROUND CHECK

C.9 GENERAL CONFIDENTIALITY REQUIREMENTS

C.11 CYBER SECURITY CONTRACT REQUIREMENTS

C.12 INFORMATION TECHNOLOGY STANDARDS AND REQUIREMENTS

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

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

D.7 RESPONSE SUBMISSION INSTRUCTIONS

D.8 DEMONSTRATIONS

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D.9 DISCUSSION AND CORRESPONDENCE

D.10 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

D.11 AGENCY POSTING OF CONTRACTS

D.12 ANTICIPATED SCHEDULE OF EVENTS

SECTION E—EVALUATION CRITERIA

SECTION F—LIST OF EXHIBITS

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SECTION A—DEFINITIONS

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

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

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

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

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

“Date of Award” means the date the Contract is fully executed.

“Days” means calendar days unless otherwise specified.

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

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

“Parties” means Contractor and DPS.

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

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

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

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

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

C. Contractor must deliver and provide the commodities and services described in compliance with all contract requirements on a no minimum, as needed, as requested basis.

Notwithstanding anything else to the contrary in the Contract, DPS will not make any payments of any amount to Contractor or any other entity or person, and Contractor will not submit any invoices until Contractor has received approval from DPS’s Contract Monitor specifically stating that DPS accepts the commodities or services and Contractor is authorized to submit an invoice. If DPS does not accept the commodities or services, the Contract will involve no payments of any type for any amount.

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

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

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

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

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

E. DPS reserves the right to investigate and determine the financial integrity and responsibility of a Respondent and to reject a response on the grounds of Respondent’s lack of financial soundness, or if DPS reasonably concludes, after reviewing the information submitted by Respondent as well

Page 6 of 28 Template Approved 5/26/2022 as all other relevant information obtained by DPS, that significant issues exist that could jeopardize Respondent’s full and timely performance. DPS also reserves this same right throughout the life of the Contract, including before executing any optional renewal with Contractor.

B.2 INVOICE REQUIREMENTS

A. Invoices are Contractor’s billing for commodities or services rendered. DPS will pay Contractor based on itemized invoices submitted to and approved by DPS. The invoices must be itemized and clearly identify the actual commodities and services provided.

B. Contractor’s invoice must include the 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.

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

B.3 PAYMENTS

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

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

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

B.4 MANDATORY PRICING SCHEDULE

Respondent must submit pricing within the table below replicating, as necessary, in this exact format. Items listed below will be considered invoiceable deliverables.

***Amount of cloud storage is unknown to DLD at this time. DLD may require an increase or decrease of storage usage that will differ at each period.

mailto:apinvoices@dps.texas.gov

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Pricing Sheet for Microfilm/Microfiche Digitization

Initial Period 09/01/2023 – 08/31/2024 Deliverable

No.

Deliverable UOM Price

1. Digitized Documents Each

2. Indexed Documents Each

3. Cloud Storage per 100TB Monthly

4. Migration to DPS current Enterprise Content Manager Cloud

Each

Period One 09/01/2024 – 08/31/2025

No.

Deliverable UOM Price

5. Digitized Documents Each

6. Indexed Documents Each

7. Cloud Storage per 100TB Monthly

8. Migration to DPS current Enterprise Content Manager

Period Two 09/01/2025 – 08/31/2026

No.

Deliverable UOM Price

9. Digitized Documents Each

10. Indexed Documents Each

11. Cloud Storage per 100TB Monthly

12. Migration to DPS current Enterprise Content Manager

Period Three 09/01/2026 – 08/31/2027

No.

Deliverable UOM Price

13. Digitized Documents Each

14. Indexed Documents Each

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15. Cloud Storage per 100TB Monthly

16. Migration to DPS current Enterprise Content Manager

Period Four 09/01/2027 – 08/31/2028

No.

Deliverable UOM Price

17. Digitized Documents Each

18. Indexed Documents Each

19. Cloud Storage per 100TB Monthly

20. Migration to DPS current Enterprise Content Manager

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SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

The Department of Public Safety (DPS) Driver License Division (DLD) is seeking a qualified contractor to convert microfilm/ microfiche files into a digital format and index these records, including those currently in digital format to provide an easier method of accessing the records. These records include license and identification documents related to the issuance, examination, enforcement actions, and all record information and supporting documents.

In accordance with the provisions of Texas Transportation Code (TRC) 521.041, DPS is required to maintain records of each driver's license and identification card applications received by the department. The solution must meet the requirements found in the Microfilming Standards and Procedures (Local Government Bulletin A: Microfilming Standards and Procedures | TSLAC (texas.gov) for state agencies. The solution must also include storage of the digitized records until the time of upload into the Department’s document management system.

C.2 SCOPE

DPS is pursuing the conversion of all records currently in microform, including microfilm records in 16mm reels and microfiche slides. The newly converted records will be maintained in DLD’s document management system.

The microfilm/microfiche records and the digital records in cold storage must be indexed to provide department users access to all records. DLD has approximately 100,000,000 documents that will need to be digitized, indexed, and stored, as well as approximately 504,000,000 additional documents that need to be indexed and stored. The method of indexing must include retrieval methods determined by DPS. The records are retrieved daily and used in licensing, compliance, identification, enforcement, legal and criminal functions and include but are not limited to safety responsibility judgment cases, black and white photos, original driver license/identification applications, forms, surcharge notices, and administrative license revocation documents.

The Department’s manual process to retrieve documents is outdated and is no longer suitable for current business operations, and equipment failures are routinely experienced. Other problems with microfilm and microfiche include but are not limited to:

• Inability to access backup digital records in cold storage

• Wear and tear of the film

• Locating documents is labor intensive and delays customer response time

• Risk of losing historical information

• Limited number of users and access to the information

• Images are small, difficult to read, and require magnification

• Antiquated reader machines are often difficult to use and maintain.

• Companies supporting the equipment are declining, making it difficult to find replacement parts for the equipment.

• Downtime for repairs and customer inconvenience

• Software to redact information is only on microfilm https://www.tsl.texas.gov/slrm/pubs/bulletina https://www.tsl.texas.gov/slrm/pubs/bulletina

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• The information on microfilm is only available to personnel with the proper equipment.

Those employees are usually housed in Austin. Other personnel who do not have access must call Austin headquarters to retrieve information.

C.2.1 ACCEPTANCE CRITERIA

1. Indexed and Digitized documents and documents migrated to Enterprise Content Manager shall be afforded a ten-business day quality control period, whereby the DPS Project Team will conduct quality checks to ensure quality and accuracy. Acceptance will be provided upon the successful review of documents. Any errors discovered will be logged via the vendor’s preferred error-logging method and must be corrected within seven days. Once returned to DLD, the document will undergo another ten-day quality control review period.

C.2.2 Project completion criteria

1. Vendor must provide all deliverables within the timeframe specified in each uniquely identified and approved Change Order or as stated within this Contract.

2. Vendor must provide DLD a Quality Control period for all digitized documents of 10 business days, with final acceptance contingent upon 30 business days of document review with no errors discovered.

3. If acceptance is not achieved by the tenth business day, vendor will extend the Quality Control period until documents meet quality specifications and are accepted by DLD. Vendor will not be paid for any additional work provided to achieve deliverable acceptance beyond the quantity of hours originally agreed to. If successful acceptance of the identified deliverables is not achieved, payment will not be provided.

4. If vendor is unable to provide any deliverables listed in this SOW within the agreed to and scheduled timeframe, vendor must notify DLD within one business day of identifying the delay.

5. If vendor is unable to meet any requirement listed in this SOW within the agreed to and scheduled timeframe, vendor must notify DLD within one business day of identifying the delay.

6. DPS Project team and vendor must monitor the digitization process to validate that deliverables meet quality specifications. Quality specifications must include ensuring all images are an accurate representation of the original document in all aspects. Document images should not overlap, show folded documents or contain blank pages.

C.2.3 Change Management Criteria

1. Any enhancements or transformation tasks within this project's scope should be governed by the Change Order process.

2. The following policies apply to all Change Order events:

a. Contractor must arrange a kick-off meeting if requested by DPS, held at DPS Main Campus located at 5805 N. Lamar Blvd. Austin, TX 78752, or through a video conference. Contractor Project Manager (PM) and DPS Division PM, or designee, must attend project meetings. DPS Contract Monitor (CM) must be informed of all meetings prior to occurrence.

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b. Contractor must conduct status meetings with the DPS Division at a location and time determined by the DPS Division at least once a month. The meetings may be in person, virtually, or over the phone at the discretion of the DPS Division. DPS CM must be informed of the date, time, and location of all meetings before the meetings occur.

c. If changes are needed, the request for a revised schedule will include the impact to related dependent tasks, the overall project, resolution methodology for correcting deficiencies, and change to specific and overall timeframes.

d. Any changes to delivery dates must be reviewed and approved by the applicable DPS Division, documented by the update of affected Change Order governance table(s), provided from the relevant DPS Division to Contractor PM and DPS CM, and requires a fully-executed Contract Amendment.

e. The draft Change Order Plans will be supplied to DPS CM for scope and pricing verification.

f. Change Order Plans must be approved in writing by Contractor, DPS CM, or assigned designee requesting the work, and DPS Procurement & Contract Services (P&CS) Contract Administrator and will be incorporated into this Contract once fully executed.

g. Any administrative or substantive requirement changes must be approved by both parties in writing and executed through a Contract Amendment. DPS or Contractor PM must initiate the change process by notifying the other party in writing, email communication is acceptable and providing a two-party concurrence to DPS Contract Administrator.

h. DPS Contract Administrator will facilitate final signatures and email the executed Change Order to Contractor and the DPS Division.

i. Change Orders and contract amendments may not be deemed accepted until Contractor receives a copy of the fully executed Contract Amendment from the Contract Administrator.

C.2.4 Conversions

1. Vendor must convert microfilm/microfiche documents to a digitized format. The newly digitized records and the digital records in cold storage must be indexed and uploaded to ECM.

2. Vendor must index digitized documents so they are integrated into the correct history record and can be easily searched, located, and viewed.

3. Vendor must convert microfilm/microfiche documents and index digitized documents. Digitized documents must then be associated with an individual’s driver's license/identification card/unlicensed record. When a record is searched, retrieved, and viewed, only that person’s document(s) will be visible and accessible.

4. Vendor must export the document image in JPEG format and then embed it in a PDF file.

5. Vendor conversions must allow for a standard file naming convention as decided by the DPS

Division that assigns a unique identifier for all documents.

6. Upon identifying recycled/reissued record numbers, vendor must provide these documents to

DPS to assign a unique number to these records.

7. Vendor must store all microfilm/microfiche documents in a secure, climate-controlled vendor-maintained facility in accordance with Texas Administrative Code Title 13, Chapter 7 until returned to DPS or otherwise authorized by DPS to destroy.

8. Vendor must establish and implement a tracking system accessible to DPS to provide the capability to track documents as they progress through the vendor’s facility. The tracking system shall ensure that the vendor is able to retrieve documents as needed and protect against

Page 12 of 28 Template Approved 5/26/2022 potential document loss. Vendor must also provide a quality assurance process and ongoing monitoring process throughout the duration of the process.

9. The vendor must be able to locate and provide documents that DPS has been requested to provide for subpoenas, Public Information Requests, or as otherwise requested. Response to requests made by DPS should be made within 24 hours.

10. Vendor must be capable of visually enhancing documents for readability.

11. Vendor must ensure all images are an accurate representation of the original document in all aspects. Document images should not overlap, show folded documents or contain blank pages.

12. Vendor will be required to recreate any imaged documents not meeting quality specifications from the original documents at no additional charge.

13. If any document is discovered to be indexed incorrectly, vendor will index the document correctly at no additional charge.

14. The data to be indexed currently resides in an agency Amazon Web Services (AWS) S3 bucket.

Vendor will need to have access to AWS resources in order to transfer data for processing.

C.2.5 Project Management

Deliverables must be provided within the time frames specified. All deliverables must be submitted in a format approved by the Contract Monitor. Deliverables are as follows:

1. Vendor must attend a project kick-off within seven days of contract award

2. Vendor must provide a project schedule to DLD POC within seven days of project kick-off

3. Vendor must provide weekly status reports to DLD POC. Status reports are to be provided by close of business (COB) every Wednesday.

4. Vendor must provide DLD POC with document indexing/cataloging and quality assurance results as part of the Status reports provided each Wednesday.

5. Vendor must provide DLD POC with a risk management plan within seven days of project kick-off

6. Vendor must provide DLD POC with a change management plan within seven days of project kick-off

7. Vendor must host a weekly status meeting throughout the life of the project

8. Vendor must provide DLD with a project plan within seven days of project kick-off. Project plan must detail the following:

a. A description of the project organization, including the total number of employees assigned to the project and their roles.

b. A breakdown and detailed description of the different deliverables of the project

c. Expected dependencies that exist within the project plan

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

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

f. Delegation of duties to each party for each of the tasks (roles and responsibilities)

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g. Information regarding standard project management components such as a risk management plan and a change management plan

h. Proposed milestones when the successful Respondent may submit invoices for payment

i. Any dependencies, caveats, or risks associated with the schedule

j. The methodology Respondent will employ to ensure the schedule is met

k. Successful implementation and acceptance of services by 8/31/2023

l. DLD will complete a review of each submitted deliverable within seven business days of receipt

C.2.6 Reports and Meetings

a. The Vendor is required to provide the Contract Monitor with weekly written progress reports of this project. These are due to the Contract Monitor by the close of business on Wednesday of each week throughout the life of the project

b. The progress reports must cover all work performed and completed during the week for which the progress report is provided and shall present the work to be performed during the subsequent week.

c. The progress report must identify any problems encountered or still outstanding with an explanation of the cause and resolution of the problem or how the problem will be resolved.

The Vendor will be responsible for conducting weekly status meetings with the Contract Monitor.

The meetings will be held on Wednesday of each week - at a time and place so designated by the Contract Monitor - unless revised by the Contract Monitor. The meetings can be in person or over the phone at the discretion of the Contract Monitor.

C.3 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 completes all requirements of the transition plan and returns to DPS all completed Work and all documents provided by DPS to Vendor.

C.4 DPS PERSONNEL

C.4.1 DPS’s Contract Administrator

A. The Contract Administrator for administration of the Contract is Alicia Riley.

B. The telephone number for the Contract Administrator is 512-424-5994.

C. The email address is Alicia.Riley@dps.texas.gov.

mailto:bobby.jacobs@dps.texas.gov

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

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

C.4.2 DPS’s Contract Monitor

A. The Contract Monitor for the Contract is Melinda DeLagarza.

B. The telephone number for the Contract Monitor is 512-424-5246.

C. The email address is melinda.delagarza@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.4.3 DPS’s Project Manager

A. The Project Manager for the Contract is Amanda Schlaffer.

B. The telephone number for the Project Manager is 512-424-5230.

C. The email address is Amanda.Schlaffer@dps.texas.gov .

DPS’s Project Manager for the Contract is responsible for the overall management and coordination of the project(s) and will act as the central point of contact for DPS. The Project Manager has authority to act for DPS in the performance of any project connected to the Contract.

C.5 LIQUIDATED DAMAGES

A. DPS reserves the right to assess liquidated damages at an amount up to $100.00 per day for each Business Day Contractor fails to meet any deliverable associated with the completion of monthly digitization and indexing that DPS determines at risk of project schedule. The parties acknowledge that the harm that will be caused to DPS by such a delay is difficult to estimate;

however, the amount of liquidated damages listed in the Contract is a reasonable estimate and is enforceable.

B. Contractor will not be responsible, and liquidated damages may not be assessed due to any delay caused by schedule amendments requested by DPS, delays as the result of activity that is the responsibility of DPS Project Team, as long as Contractor timely files its deficiency report as required by the section entitled “Rolling Estoppel” or delays that DPS deems were outside the control of Contractor. The burden of proof that the delay is attributable to DPS rests with Contractor.

C. Any liquidated damages assessed under the Contract may, at DPS’s option, be deducted from any payments due to Contractor. As specified above, DPS has the right to offset any liquidated damages payable to DPS against any payments due to Contractor. If insufficient payments are mailto:melinda.delagarza@dps.texas.gov mailto:Amanda.Schlaffer@dps.texas.gov

Page 15 of 28 Template Approved 5/26/2022 available to offset such liquidated damages, then Contractor must pay to DPS any remaining liquidated damages within 15 days following receipt of written notice of the amount due.

C.6 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

A. An Historically Underutilized Business (HUB) is a business that is certified by the State of Texas that (1) is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American, an American woman, or a Service Related Disabled Veteran; (2) is a for-profit entity that has not exceeded the size standards established by 34 Tex. Admin.

Code § 20.294, and has its principal place of business in Texas; and (3) has an owner residing in Texas who has a proportionate interest in the business and who actively participates in the control, operations, and management of the entity’s affairs. See also 34 Tex. Admin. Code § 20.282.

B. Vendor must make a good-faith effort to comply with all state HUB requirements under Tex.

Gov’t Code Chapter 2161 and the administrative rules, as applicable. Vendor must also comply with its approved HUB Subcontracting Plan (HSP).

C. Respondent must submit an HSP as part of its response and comply with the HSP's implementation. Contractor must seek written approval from DPS prior to making any modifications to its HSP. Respondent must submit a detailed description of the HSP and required forms with the response. Respondent’s response will be disqualified if the agency forms are not completed in full or are missing from Respondent’s original response.

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

E. Contractor must submit the Prime Vendor Progress Assessment Report to the Contract Monitor and DPS HUB Office on a monthly basis (by the fifth day of the following month).

C.7 INSURANCE REQUIRED UNDER THE CONTRACT

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

Contractor will provide evidence of insurance upon request by DPS.

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

Page 16 of 28 Template Approved 5/26/2022

C.8 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor’s project personnel, meaning any vendor employee with physical or logical access to DPS data or property is subject to the test, must submit to a fingerprint-based Criminal History Background Investigation, at Contractor’s expense. To facilitate this Criminal History Background Investigation, each person must complete the DPS Contractor Background Information form (HR-22), which DPS will provide.

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

C. When required, Contractor’s Project Manager will provide the following to DPS Contract Monitor no later than 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 an annual DPS fingerprint-based Criminal History Background Investigation to DPS.

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

C.9 GENERAL CONFIDENTIALITY REQUIREMENTS

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

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

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

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

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

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

D. Contractor must maintain all confidential information in confidence during the term of the

Contract and after the expiration or earlier termination of the Contract.

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

F. Contractor acknowledges that DPS’s confidential information is unique and valuable, and that

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

G. Contractor must immediately return to DPS all confidential information when the Contract terminates, at such earlier time as when the confidential information is no longer required for the performance of the Contract or when DPS requests that such confidential information be returned.

H. Information, documentation and other material in connection with the Contract, including

Contractor’s response, may be subject to public disclosure under the Tex. Gov’t Code Chapter 552.

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

C.11 CYBER SECURITY CONTRACT REQUIREMENTS

Contractor must comply with the requirements found in the Cyber Security Contract Requirements Exhibit. To the extent that any language in the Contract conflicts with the Cyber Security Contract Requirements Exhibit, the Cyber Security Contract Requirements Exhibit controls.

For all contractor-hosted services proposed (even if Vendor wants to use a third-party provider such as a standardized cloud services provider), Respondent must provide a completed Consensus Assessments Initiative Questionnaire (CAIQ) found at this link.

https://cloudsecurityalliance.org/artifacts/consensus-assessments-initiative-questionnaire-v3-1/ https://cloudsecurityalliance.org/artifacts/consensus-assessments-initiative-questionnaire-v3-1/

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In this section, hosted services mean a combination of traditional IT functions to be provided by Vendor or a third-party provider, such as infrastructure, applications software (including COTS software solutions), security, monitoring, storage, hardware, and hardware maintenance.

For hosted services using a third-party cloud services provider, Contractor must deploy in an environment authorized by TX-RAMP or FedRAMP at a high impact and maintain program compliance and certification throughout the term of the contract. If CJIS data is being processed, stored, or transmitted, Contractor must deploy in a Government Cloud environment.

C.12 INFORMATION TECHNOLOGY STANDARDS AND REQUIREMENTS

Contractor must comply with the requirements found in the IT Standards and Requirements Exhibit.

C.13 FBI CJIS SECURITY ADDENDUM

Vendor, as appropriate, must execute a signed CJIS Security Addendum that Vendor can download from http://dps.texas.gov/SecurityReview/documents.htm. Additionally, each Contractor employee or subcontractor performing duties related to the Contract must sign a CJIS Security Addendum Certification prior to beginning work. Each certification must include the employee’s or subcontractor’s signature and Vendor’s authorized representative signature. DPS may terminate the Contract if it determines Contractor is out of compliance.

Prior to beginning work on the Contract, Vendor must enter into the CJIS online system all Contractor employees and subcontractors who will work on the Contract, and have those employees and subcontractors complete the CJIS online training and testing. DPS can provide further instructions upon request. Vendor must meet or exceed all requirements contained in the CJIS Security Policy found at the same website.

http://dps.texas.gov/SecurityReview/documents.htm

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SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

D.1 RESPONSE PREPARATION INSTRUCTIONS

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

B. Responses must be prepared 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 disqualification of the response from further consideration unless stated otherwise within this solicitation.

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

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

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

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

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

D.2 SOLICITATION ADDENDA

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

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

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

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

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

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

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

E. No responses can be withdrawn after closing date and time without approval by DPS. Should a Respondent, after closing time, request its response be withdrawn, Respondent must email the request to the Contact Administrator listed in the solicitation.

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

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

D.4 RESPONSE ACCEPTANCE PERIOD

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

B. Such period may be extended beyond the 180 days upon mutual written agreement of both parties.

D.5 CONTRACT AWARD

DPS may award one or more Contract resulting from this solicitation to the responsible Respondent, whose response is best value under the evaluation criteria in this solicitation.

D.6 DPS’S RIGHTS

A. DPS may:

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

2. accept other than the lowest-priced response; and

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

B. Waiver of deviations in any response will not constitute a modification of this solicitation and will not preclude DPS from asserting all rights against Respondent for failure to fully comply with all terms and conditions of this solicitation. Copyrighted responses are unacceptable and are subject to disqualification as non-responsive. DPS reserves the right to make any corrections or include additional requirements in the resulting 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 disqualify any response 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 response submitted in response to this solicitation.

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

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

E. All responses and any content provided by the Respondent 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 respondents or in the preparation, formulation, or presentation of a response.

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 responses 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 responses received by DPS will remain confidential until the evaluation process is complete.

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

D.7 RESPONSE SUBMISSION INSTRUCTIONS

D.7.1 Volume One – Contract Forms and Required Response Information

This section will contain the following completed contract sections with authorized representative 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 response, if applicable;

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 Respondent 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).

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D.7.2 Volume Two – Information Section

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

B. Introduction: Clear expression of who Respondent 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 Respondent and any subcontractors.

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

2. Business form of Respondent 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 Respondent 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:

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

b. 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

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

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E. Organizational, biographical, and Financial Rating information for the Respondent and all proposed third parties and subcontractors, if applicable.

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

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

H. Respondent is encouraged to provide a response narrative for each section and subsection, in the format in which requirements are presented, in sufficient detail to clearly demonstrate Respondent’s compliance with all requirements of this solicitation, both technical and administrative. Supplemental justification or documentation can be provided as attachments. Respondent 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. Electronic and Information Resources (EIR) Accessibility. Respondent must provide documentation of the voluntary product accessibility template (VPAT) Voluntary Product Accessibility Template (VPAT™) |…