ESBD_File_336296_SOLADD_2_405-23R0007034.pdf

Procurement and Contract Services

Revised-March 10, 2015 PCS form 004

ADDENDUM OF SOLICITATION

1. SOLICITATION NO.

405-23R0007034

2. ADDENDUM NO.

3. EFFECTIVE DATE

10/10/2023

4. ISSUED BY

Department of Public Safety Procurement and Contract Services 5805 North Lamar Blvd. Bldg. A 1st floor Austin, Texas 78752

5. NAME AND ADDRESS OF OFFEROR

6. The above numbered solicitation is amended as set forth in Item 7. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this addendum prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 5 and 8, and returning 3 copies of the addendum; (b) By acknowledging receipt of this addendum on each copy of the offer submitted; or (c) By separate letter or e-mail which includes a reference to the solicitation and addendum numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER.

If by virtue of this amendment you desire to change an offer already submitted, such change may be made by e-mail or letter, provided each e-mail or letter makes reference to the solicitation and this addendum, and is received prior to the opening hour and date specified.

7. DESCRIPTION OF ADDENDUM: The purpose of this addendum is to correct #2 in the Instructions to Recipients section.

1. Solicitation Response Due Date extended from 10/13/23 at 5:00 PM CT to 10/18/23 at 5:00

PM CT.

2. Solicitation Revisions as noted on Addendum Page 2.

3. Incorporate Exhibit F.10 – Pricing Schedule (Attached)

Except as provided herein, all terms and conditions of the solicitation, as heretofore changed, remain unchanged and in full force and effect.

8a. NAME AND TITLE OF SIGNER (Type or Print)

8b. OFFEROR

(Signature of Person Authorized to Sign) Date Signed

Solicitation Revisions

1. Section B.1.1 revised to state the following:

a. Respondent must submit proposed pricing in a separate document using 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. Pricing provided with the response will not be opened until after DPS selects its preferred respondent based on how well the respondent meets the qualifications within this solicitation and a recommendation for negotiation is completed. Price will not be a factor in selecting the most qualified response. The final negotiated, contracted pricing and payment structure will represent Contractor’s sole compensation under the Contract. DPS guarantees no minimum compensation under the Contract.

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

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

2. Section D.7.4 added to state the following:

a. Respondent must provide pricing in the required Mandatory Pricing Schedule format in a separate document that will not be disclosed until after DPS selects a preferred respondent or respondents if multiple awards are anticipated based off of service area.

3. Section E revised to state the following:

a. DPS will evaluate responses in accordance with the best value standard in Tex.

Gov’t Code § 2254.

b. DPS will review and evaluate all responses on the basis of demonstrated competence and qualifications for the requirements described in this RFQ for the most highly qualified provider of the services.

c. Responses should only include any information regarding Respondent’s proposed fees, pricing, or other compensation considerations in the separate Pricing Schedule. This information should not be included in any other portion of the

Response. This information will not be a factor in the selection of the most qualified Respondent and will only be used for negotiations.

d. DPS may evaluate qualifications based on the anticipated completion of all or any portion of a project. DPS reserves the right to divide a project into multiple parts, to reject any and all qualifications, to solicit for new qualifications, or to reject any and all submissions and temporarily or permanently abandon a project.

e. By submitting its response to this RFQ, Respondent accepts the evaluation process as well as acknowledges and accepts that determination of the “most qualified” Respondent will require subjective judgments by DPS.

f. A Respondent’s past performance will be measured based upon pass/fail criteria, in compliance with applicable provisions of Texas Gov’t Code §§ 2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Respondents may fail this selection criterion for any of the following conditions:

g. A score of less than a C or Legacy Unsatisfactory in the Vendor Performance System;

h. Currently under a Corrective Action Plan through the Comptroller of Public Accounts (CPA);

i. Having repeated negative Vendor Performance Reports for the same reason;

j. Having a record of repeated non-responsiveness to Vendor Performance issues; or

k. Having purchase orders that have been cancelled in the previous 12 months for non-performance (late delivery, etc.).

l. Contractor performance information is located on CPA’s website at:

http://www.txsmartbuy.com/vpts.

m. DPS may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System, DPS may examine other sources of vendor performance including, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Such sources of vendor performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the federal government. Further, DPS may initiate such examinations of vendor performance based upon media reports. Any such investigations will be at the sole discretion of DPS, and any negative findings, as determined by DPS, may result in non-award to Respondent.

http://www.txsmartbuy.com/vpts