ESBD_File_352113_SOLICIE_24R0004067.pdf

DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-24R0004067

TYPE OF SOLICITATION

NEGOTIATED - REQUEST FOR

QUALIFICATIONS (RFQ)

DATE ISSUED

02/26/2024

AUSTIN HQ CONSTRUCTION MANAGER AT-RISK

Vendor must submit electronic responses no later than 5:00 P.M. Central Time on 3/29/2024 to the following address.

DPS_Solicit_Response@dps.texas.gov Attention: 405-24R0004067

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

FOR INFORMATION CONTACT:

Contract Administrator

Christine Tondre CTCD, CTCM

PHONE: 512-462-6196

Christine.tondre@dps.texas.gov

Angie Johnson CTCD, CTCM

PHONE: (281)517-1271

angelynn.Johnson@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 on 08/31/2025 with a one-year optional renewal.

If necessary, at the end of the last optional renewal period, 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 the Date of Award to terms or pricing during the Contract term. The continuation of the Contract for any period is subject to the availability of DPS’s funding source for the Contract.

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SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.4 MANDATORY PRICING SCHEDULE

SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

C.2 SCOPE

C.3 PROJECT SCHEDULE AND PLAN

C.4 DPS PERSONNEL

C.5 LIQUIDATED DAMAGES

C.6 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.7 INSURANCE REQUIRED UNDER THE CONTRACT

C.8 BONDS REQUIRED UNDER THIS CONTRACT

C.9 WARRANTY CALL RESPONSE TIME

C.10 UNIFORM GENERAL CONDITIONS FOR CONSTRUCTION PROJECTS

C.11 CRIMINAL HISTORY BACKGROUND CHECK

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

D.9 SITE VISIT

D.10 DISCUSSION AND CORRESPONDENCE

D.11 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

D.12 AGENCY POSTING OF CONTRACTS

D.13 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 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. Respondent pricing will not be opened until DPS selects the most qualified Respondent. Price will not be a factor in selecting the most qualified Respondent. 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.

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

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

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

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

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

Page 5 of 25 Template Approved 10/26/2023 statements, the Respondent 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. Respondent must provide information and any other financial information reasonably requested by DPS consistent with the services provided by Respondent or otherwise required by the then applicable DPS policies for similar contracts.

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

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

B.2 INVOICE REQUIREMENTS

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

B. Contractor’s invoice must include the following: the Contract 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 Form (W-9) with its response.

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

mailto:apinvoices@dps.texas.gov

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B.4 MANDATORY PRICING SCHEDULE

Respondent must submit pricing within the Pricing and Delivery Proposal Form (Exhibit F.8), replicating as necessary, in this exact format.

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SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

Department of Public Safety (DPS) is requesting qualifications for a construction manager-at-risk (CMR) to provide consultation, construction, and administrative services during the planning and design, pre-construction and construction, closeout, and warranty phase services for security upgrades and interior building renovations at the Austin headquarters complex.

C.2 SCOPE

This project includes management and construction of security fencing surrounding

Headquarters (HQ) Campus and renovations to one building on HQ campus.

The security fencing will include reconfiguring the parking lots and repairing existing infrastructure to create barriers to entry and access points. The building renovations will include converting a space that is currently cafeteria and kitchen areas into an auditorium/classroom and adding restrooms.

This contract will be awarded based on experience and qualifications focusing on projects of similar size and type.

The contractor awarded this project will collaborate with DPS and its Architects and

Engineers (A/E) during the completion of construction documents including review and comments at each negotiated milestone prior to completion of Construction Documents.

The Contractor’s expertise will be used to affect value engineering, establish a project schedule and ultimately determine the guaranteed maximum price (GMP). The services include attending meetings, consultation of plan reviews, constructability reviews, and cost estimating.

In addition, CMR will work closely with DPS to collaborate with stakeholders, including state agencies, Architects and Engineers, and Sub-contractors during the development, completion, and implementation of construction documents. CMR will be required to work collaboratively to coordinate with various parties including DPS, construction and materials testing firm, testing, balancing and commissioning groups. CMR services to be from pre-design through construction close-out.

CMR services shall be comprehensive in nature and will include but not be limited to:

preconstruction services; estimation services, participating in constructability reviews;

managing complex critical path schedules and bidding multiple packages as necessary to execute the project scope. The number of bid packages and Guaranteed Maximum Price amendments to be determined by DPS in cooperation with the A/E and CMR.

The CMR will be required to attend and participate in meetings with the A/E, DPS and agency stakeholders as well as coordination meetings with city departments as required.

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The CMR will be tasked with developing the Project Implementation plan in coordination with DPS, and the A/E consultant.

In accordance with the approved schedule and GMP, Contractor shall facilitate bidding and selection of subcontractors in accordance with HUB requirements, and provide and/or secure and install all materials, labor, coordination, management and supervisory activities necessary to complete construction of the Project in accordance with the drawings, specifications and other contract documents that will be prepared by the A/E & DPS.

SUBCONTRACTORS: Subcontractors providing services must meet the same requirements and level of experience as required of the Respondent. No subcontract will relieve the primary Respondent of responsibility for the service. If the Respondent uses a subcontractor for any or all of the work required, the following conditions must apply under the listed circumstances:

a) Respondents planning to subcontract all or a portion of the work must identify the proposed subcontractors on the Exhibit F.3 HUB Subcontracting

Plan.

b) Subcontracting must be at the Respondent’s expense.

c) DPS retains the right to check a subcontractor’s background and make a determination to approve or reject the use of submitted subcontractors.

d) The Respondent must be the only contact for DPS and subcontractors.

Respondent must list a designated point of contact for all DPS and subcontractor questions.

SATISFACTORY UNDERSTANDING: Respondents will be held to have satisfactory understanding regarding all existing conditions related to this project, and to have included all amounts in the proposal so the final proposed amount is sufficient to comprise all work including labor, materials, overhead, permits, fees, etc.

C.3 PROJECT SCHEDULE AND PLAN

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

1. A description of the project organization.

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

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

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

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

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

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

8. The methodology Respondent will employ to ensure the schedule:

A detailed plan outlining the methodology intended to be employed by the Respondent that demonstrates the processes of implementation regarding the requirements of the RFQ Scope of Work into a realized and finished project. This shall include, but not be limited to:

a. Processes and techniques used to understand the Statement of Work;

b. Problem solving;

c. Value engineering;

d. Maintaining budgets;

e. Maintaining schedules;

f. Staff sizing and roles;

g. Company workload in proportion to the Project outlined in the Statement of

Work; and

h. Coordination of work with subcontractors and/or consultants; including a description of how subs or consultants are vetted and how sub pricing is reviewed.

i. Coordination and phasing of the existing HQ parking lot and its usage during the course of construction of the new Security Fence.

j. Coordination of new utility infrastructure work within an existing site with current utility infrastructure

k. Description of how estimating, bidding and working on various packages will be coordinated and implemented.

l. Description of how contingency and allocation of allowances are planned and accounted for in your estimates during pre-construction and throughout construction.

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

10. Quality Control Program & Safety Program:

a. Quality Assurance: The Respondent shall provide a description of the firm’s quality assurance processes and program, and the name and job title of the person in the organization who oversees said program.

b. Quality Control: Vendor shall describe its quality requirements and means of measurement. Provide process flow charts on how quality is maintained and achieved. The Respondent shall describe the firm’s policy regarding establishing quality control processes similar to ISO 9000 and other in-place controls for adherence to budget, quality, safety and schedule. The Texas Facilities

Commission(TFC) reserves the right to require a copy of the Quality Control Manual, which, if awarded, may become an exhibit to the contract.

c. Safety Program and Safety Record:

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1. Safety Program:

a. Indicate the name and job title of the person in your organization who manages your safety program.

b. Provide a description of your firm’s safety program.

c. DPS reserves the right to require a copy of your safety manual if your firm's proposal is scored within the highest range of proposals, which will become a Contract Document after award.

2. Contractor’s Safety Record:

Provide the company’s workers' compensation experience modification rate

(EMR) for the last five years as part of the submittal. This shall be submitted in your response on your insurance carrier’s letterhead.

C.4 DPS PERSONNEL

C.4.1 DPS’s Contract Administrator

A. The Contract Administrators for administration of the Contract are Christine Tondre and Angelynn Johnson.

B. The telephone number for the Contract Administrators are 512-462-6196 (Christine) and 281-517-1271 (Angelynn).

C. The email address are Christine.tondre@dps.texas.gov and angelynn.johnson@dps.texas.gov.

The Contract Administrators are 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 James Eddie King.

B. The telephone number for the Contract Monitor is 512-424-2219.

C. The email address is james.king@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.

mailto:Christine.tondre@dps.texas.gov mailto:angelynn.johnson@dps.texas.gov mailto:james.king@dps.texas.gov

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C.5 LIQUIDATED DAMAGES

A. DPS reserves the right to assess liquidated damages at an amount up to $500.00 per day for each Business Day Contractor fails to meet scheduled deliveries or milestones in the agreed timeline. 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. DPS has the right to offset any liquidated damages payable to DPS, as specified above, against any payments due to Contractor. If insufficient payments are available to offset such liquidated damages, then Contractor 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. Contractor must also comply with its approved HUB Subcontracting Plan (HSP).

C. Respondent must submit an HSP as part of its response and must comply with implementation of the HSP. Contractor must seek written approval from DPS prior to making any modifications to its HSP. Respondent must submit a complete 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 listed in their approved HSP of their selection as a subcontractor for the Contract. The notice will specify, at a minimum, Page 12 of 25 Template Approved 10/26/2023

DPS’s name, the HUB Office, 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. A copy of the notice will be provided to the HUB Office and the Contract Administrator no later than ten business days after the effective date of the Contract.

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

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.

C.8 BONDS REQUIRED UNDER THIS CONTRACT

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

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

B. A payment bond will be executed in the amount of the contract, solely for the protection of all claimants supplying labor and material.

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

DPS must receive the bond within ten calendar days of award, unless otherwise agreed in writing, and must reference the solicitation number. A purchase order will not be issued until the bond is received and no work will begin until Contractor is notified.

C.9 WARRANTY CALL RESPONSE TIME

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

C.10 UNIFORM GENERAL CONDITIONS FOR CONSTRUCTION PROJECTS

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

C.11 CRIMINAL HISTORY BACKGROUND CHECK

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

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

C. When required, Contractor’s Project Manager will provide the following to DPS Contract Monitor no later than ten days of executing the Contract:

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

b) acceptable fingerprints for all proposed personnel.

D. Throughout the term of the Contract, DPS may require Contractor personnel to submit 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.

http://www.tfc.state.tx.us/divisions/facilities/prog/construct/formsindex/

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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.

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

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

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

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

Should a Respondent, after closing time, request its response be withdrawn, Respondent must email the request to the Contract 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.

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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 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.

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

D. Except as provided in Section D.10, 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)

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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).

I. Litigation:

a. Provide details of all past or pending litigation or claims filed against Respondent within the past five (5) years.

b. Respondents involved in litigation, depending upon the circumstances, may be disqualified.

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:

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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

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.

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.

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I. Electronic and Information Resources (EIR) Accessibility. Respondent must provide documentation of the voluntary product accessibility template (VPAT) Voluntary Product Accessibility Template (VPAT™) (including accessibility conformance reports or vendor accessibility development services questionnaire as applicable) and Section 508 and EIR compliance for all components of the proposed goods or services. See Tex.

Gov’t Code Chapter 2054, Subchapter M; 1 Tex. Admin. Code Chapter 213; and 1 Tex.

Admin. Code Chapter 206; and WCAG 2.0 AA (current and as subsequently amended).

VPAT is a vendor-generated statement (using the required template) that provides relevant information on how a vendor’s product or service claims to conform to the Section 508 Standards.

J. Business Continuity and Disaster Recovery Plan. Respondent 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 Respondent 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 disaster recovery plan (based on DPS’s dependence or necessity on the particular good or service).

K. Assumptions. No assumptions should be included in a response. 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 proposal may result in a Respondent not being awarded a contract.

L. Exceptions. If Respondent has exception requests to the DPS Standard Terms and Conditions, these exceptions must be submitted on the Vendor Exceptions Form.

D.7.3 Volume Three – HUB Subcontracting Plan (HSP)

Respondent must provide a completed HSP as required.

NOTE: Failure to submit the HUB Subcontracting Plan, if applicable, with the appropriate forms will subject Respondent’s response to rejection from further consideration.

D.7.4 Volume Four – Cost and Pricing Response

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 on geographical location and service type.D.8 DEMONSTRATIONS https://www.section508.gov/sell/vpat/ https://www.section508.gov/sell/vpat/ http://www.w3.org/TR/WCAG20/

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D.8

D.9

DEMONSTRATIONS

At the discretion of DPS, selected Respondents may be invited to provide a product or service demonstration at DPS’s headquarters located in Austin, Texas. Respondent’s representative attending the demonstration must be technically qualified to respond to questions related to the proposed services, its components, and implementation processes.

All costs associated with participation in the demonstration are Respondent’s responsibility.

DPS may provide Respondent(s) with data connectors(s), internet connection, video conferencing capability (WebEx), a meeting room, and power outlets.

SITE VISIT

A mandatory pre-bid site visit will be held at HQ 5805 North Lamar, Austin, TX 78752 on 3/7/24 at 9:00 AM and 3/8/24 at 9:00 A.M. Respondents must attend one of the site visit meetings. The purpose of the pre-bid site visit is to review the solicitation and answer any questions regarding completing and submitting the bid. There will be no technical questions answered at this conference. Failure to attend one of the mandatory pre-bid site visits may result in a non-responsive proposal.

D.10 DISCUSSION AND CORRESPONDENCE

A. Respondent 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. Respondent should rely only on the written information provided in this manner.

Respondent is specifically cautioned against relying on any oral information.

D. Respondent 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 Respondent 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 response will be evaluated upon the written instructions provided by throughout this solicitation and as described in Evaluation Criteria.

F. Unauthorized contact with DPS personnel by any Respondent may result in DPS disqualifying Respondent’s response in its entirety.

D.11 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 Respondent

Page 21 of 25 Template Approved 10/26/2023 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.

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

Merely making a blanket claim that the entire response is protected from disclosure because it contains some proprietary information is not acceptable, and will make the entire response subject to release under the PIA.

In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the response that are considered by Respondent to be proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified by Respondent as proprietary or confidential will be deemed subject to disclosure under the PIA. Respondent will irrevocably deemed to have waived, and Respondent agrees to fully indemnify the State of Texas and DPS against any claim of infringement by DPS regarding the intellectual property rights of Respondent or any third party for any materials appearing in the response.

If Respondent’s response contains any information that Respondent claims is confidential and not subject to release under the PIA, Respondent must prepare and deliver to DPS two copies of its response containing the following information.

A. A complete copy of all of Respondent’s submissions under this solicitation. Respondent must mark this copy’s documents with “Complete Response Documents, [Respondent’s Name], DPS SOLICITATION [SOLICITATION Number]. CONTAINS

CONFIDENTIAL INFORMATION.”

B. A complete copy of all of Respondent’s submissions with all information claimed as confidential excised, blacked out, or otherwise redacted. This copy must also contain an Appendix, which contains clear references to all redacted information including a general description of the redacted information. Respondent must mark this copy’s documents with “For Public Release: Redacted Version of [Respondent’s Name], DPS SOLICITATION [SOLICITATION Number].”

D.12 AGENCY POSTING OF CONTRACTS

After award, information, documentation, and other material in connection with this solicitation or the Contract may be subject to public disclosure under the Public Information Act.

Without prior written notice to Respondent, the redacted response may be posted on DPS’s website as part of the Contract per Tex. Gov’t Code § 2261.253(a).

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D.13 ANTICIPATED SCHEDULE OF EVENTS

DPS currently anticipates that the selection of successful Respondents and award of the Contract, if any, will proceed according to the following schedule:

02/26/2024 5:00 pm Solicitation Posted to ESBD

03/07/2024 9:00 am # 1 Pre-Proposal Conference, Site Visit DPS HQ 5805 North Lamar Austin TX 78752

03/08/2024 9:00 am # 2 Pre-Proposal Conference, Site Visit DPS HQ 5805 North Lamar Austin TX 78752

03/14/2024 5:00 pm Last day to submit written questions for clarification to DPS

03/19/2024 5:00 pm Estimated date for DPS to post Question and Answer (Q&A) document to ESBD

3/29/2024 5:00 pm Deadline for DPS to receive responses

4/30/2024 5:00 pm Anticipated date of Contract Award

DPS reserves the right, in its sole discretion, to change the above date(s). Notices of changes to items directly impacting the original solicitation process will be posted on the Electronic State Business Daily (ESBD) located at: http://www.txsmartbuy.com/esbd. Respondent should check the ESBD frequently for updates. Respondent is solely responsible for verifying receipt of its questions, if applicable, and responding by the deadlines stated. A Respondent’s failure to periodically check the ESBD for updates will in no way release the awarded Respondent from compliance with any requirements in posted “addenda or additional information” although such compliance may result in additional costs to meet the requirements.

Questions regarding this solicitation must be in writing and must be submitted to DPS’s Contract Administrator by the date and time noted in the table listed in this solicitation.

Questions may only be submitted by email. DPS intends to post answers to these questions on the ESBD on or before the date and time noted in the table listed in this solicitation.

Respondent is solely responsible for verifying DPS’s timely receipt of its questions by the stated deadlines.

http://www.txsmartbuy.com/esbd

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SECTION E—EVALUATION CRITERIA

DPS will evaluate responses in accordance with the best value standard in Tex. Gov’t Code Chapter 2254.

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.

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.

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 Respondents, to solicit for new qualifications, or to reject any and all submissions and temporarily or permanently abandon a project.

By submitting its response to this RFQ, Respondent accepts the evaluation process, and acknowledges and accepts that determination of the most qualified Respondent is determined solely by DPS.

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,…