582-27-00119 Opus Analyzer Software Contract

The Texas Commission on Environmental Quality is seeking a contractor to perform software modifications on Opus analyzers to support the AirCheckTexas Vehicle Emissions Inspection and Maintenance program. The work involves updating proprietary software that is licensed exclusively for use on each individual analyzer and can only be altered by the original manufacturer, making the contractor’s technical capability to interface with and modify this specific hardware a critical requirement. The contract is structured as a Request for Offer with a firm, fixed, and fully-loaded pricing model based on hourly rates for labor categories including software development, project management, and quality assurance testing, with payment issued as a one-time lump sum upon successful completion of each work order and TCEQ’s acceptance testing. The contract has no guaranteed minimum expenditure but includes a maximum TCEQ obligation with no ceiling specified, and the total contract term is fixed at five years with no renewal option, though TCEQ may unilaterally extend it by up to 180 days. The contractor is required to maintain a performance bond of $1,000,000 and cyber risk insurance covering at least $1,000,000 in third-party liability, including breach response costs. All personnel must be verified through E-Verify, and the contractor must adhere to Texas state laws regarding equal opportunity, human trafficking prohibition, and preference for Texas-made products. Proposals must be submitted exclusively via TCEQ’s Send portal by July 20, 2026, and must include a detailed Statement of Qualifications demonstrating technical capability to modify Opus analyzers, along with a completed Accessibility Conformance Report verifying Section 508 compliance. Invoicing must follow strict guidelines, including submission by the 15th of each month with required details such as contract number, vendor ID, and period covered. All deliverables must conform to Texas accessibility standards, and any confidential or proprietary information provided by TCEQ must be safeguarded. The contractor is solely responsible for ensuring work quality and conformity, with TCEQ's acceptance based on the contractor’s representation rather than independent testing. Payment is not an acceptance of nonconforming work, and TCEQ reserves the right to terminate for cause or convenience. The contract is governed by Texas law, and the contractor must comply with all statutory and regulatory requirements, including the prohibition on bribes, disclosure of financial interests involving TCEQ officials, and child support delinquency checks for owners with 25% or greater interest.