582-27-00117 Worldwide Analyzer Software Contract

The Texas Commission on Environmental Quality is seeking a contractor to provide necessary software updates for vehicle emissions inspection analyzers manufactured by Worldwide Environmental Products, Inc., to support the AirCheckTexas Vehicle Emissions Inspection and Maintenance program. The software is proprietary and licensed exclusively for use on each individual analyzer, meaning only the manufacturer can perform modifications. The primary deliverables include targeted software updates to enable emissions inspections in Bexar County, prevent vehicle inspection reports from printing until results are successfully transmitted to the Texas Information Management System, and ensure reports indicate transmission success via a TCEQ toggle. The contractor must also submit monthly progress reports during the Work Order period. All work must meet TCEQ’s Specifications for Vehicle Exhaust Gas Analyzer Systems and maintain current certification. Updates must be installed in 90% of the Worldwide analyzer fleet within 60 days following the end of a beta testing period, which concludes only upon TCEQ’s written confirmation of satisfactory data. Payment is a single lump sum issued only after successful installation, full software function, and formal acceptance by TCEQ, which is based solely on the contractor’s representation of conformity and does not relieve the contractor of responsibility for defective work. The contract requires all shipments to include a packing slip containing the TCEQ contract number, item description, lot number, and quantity. Prices are firm, fixed, and fully loaded with no guaranteed minimum expenditure. The contractor must maintain a $1,000,000 performance bond and carry cyber risk insurance that explicitly covers breach response costs and excludes no claims for cyber terrorism or extortion; insurers must be licensed in Texas with an A.M. Best rating of A- or better and financial size IV or higher. TCEQ and its personnel must be named as additional insureds, with a waiver of subrogation in their favor, and the contractor’s insurance must be primary. The contractor is required to use E-Verify, comply with Texas human trafficking prohibitions, and disclose any conflicts of interest. Key personnel, including the project manager, are material to performance; substitutions require five business days’ notice and同等 qualifications. Background checks are mandatory for personnel working at TCEQ facilities upon request. The contractor must also flow down all contract provisions to subcontracts, employment agreements, and supplier contracts. Respondents must provide their Texas Vendor ID, Federal EIN, and UEI, and certify compliance with ethics, child support obligations, and prohibitions on vaccine passports and prohibited conduct under Texas law. All submissions must be accurate and complete, and failure to affirm