1-3202600042 UIAppealsMentoring final.pdf

Joe Esparza, Chairman and Commissioner Representing Employers

Alberto Treviño III, Commissioner Representing Labor

Brent Connett, Commissioner Representing the Public

Randy Townsend, Interim Executive Director

Request for Proposal (RFP)

For

Unemployment Insurance Appeals Mentoring and Support Services

Solicitation No. 3202600042

Date of Release: December 10, 2025

Responses Due: January 9, 2026, by 10:00 a.m. Central Time

949-90 Unemployment Insurance Claims

953-91 Unemployment Insurance

Sole Point of Contact for this RFP

Karen Williams CTCD/CTCM

Purchaser

Texas Workforce Commission Procurement Portal mailto:https://twc-texas-gov.bonfirehub.com/portal/?tab=openOpportunities

RFP No. 3202600042 Page 2 of 52

Table of Contents

Table of Contents Definitions Article I. Purpose, Authority and Schedule of Events

1.1. Purpose

1.2. Authority

1.3. Schedule of Events

Article II. Scope of Work

2.1 Overview/Background

2.2 Description of Services/Scope of Work/Specifications

2.3 Knowledge, Skills and Abilities

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

3.2 Contract Award

3.3 Contract Term

3.4 Price Adjustment

3.5 Payments

3.6 Contract Amendments

3.7 No Guarantee of Volume, Usage or Compensation

3.8 Governmental Entities

3.9 Offer Period

3.10 Cost Incurred

3.11 Public Information Act-Respondent Response

3.12 Public Information Action-Contract Award

3.13 Respondent Waiver-Intellectual Property

3.14 Insurance

3.15 Sanctions and Remedies

3.16 Liquidated Damages

3.17 Changes of Ownership or Financial Condition

3.18 Severability

3.19 Franchise Tax - Right to Transact Business in Texas

3.20 Subcontractor Requirements

Article IV. Proposal Process

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4.1. Inquiries

4.2. Pre-Proposal Conference

4.3. Proposal Composition

4.4. Proposal Submission and Delivery

4.5. Additional Information

4.6. Ambiguity, Conflict, or Discrepancy

4.7. Changes, Modifications, and Cancellation of Solicitation

Article V. Proposal Evaluation and Award Process

5.1. Written Proposal Evaluation

5.2. Conformance with State Law

5.3. Evaluation Process Overview

5.4. Initial Compliance Screening

5.5. Minimum Qualifications

5.6. Written Proposal Evaluation Criteria

5.7. Best and Final Offer (BAFO)

5.8. Final Written Response Score and Total Score

5.9. Summary of Best Value Determination

5.10. Requests for Clarification

5.11. Advancement Criteria

Article VI. Required Proposal Information

6.1. Narrative Proposal

6.2. Execution of Response

6.3. Cost Proposal

6.4. References and Past Project Performance

6.5 Financial Soundness

6.6. HUB Subcontracting Plan

6.7. Offered Options

6.8. Optional Proposal Submission Checklist

LIST OF ATTACHMENTS AND FORMS

RFP No. 3202600042 Page 4 of 52

Definitions As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms have the meanings assigned below:

“Addendum” means a written addition, change, or supplement to this Solicitation that is posted as a notification to the ESBD and uploaded to the TWC Procurement Portal prior to the response due date.

“Additional Evaluation Activities” include Oral Presentations, Clarifications, Technical Discussions, Proof of Concept, Demonstrations, and/or Site Visits.

These Additional Evaluation Activities follow the evaluation of the written Proposals and may be utilized by TWC to evaluate and ensure specifications meet TWC’s needs as outlined in the Solicitation. Additional Evaluation Activities provide an opportunity for Respondents to highlight the strengths and unique aspects or clarify their Proposals.

“ALJ” means Administrative Law Judge.

“Business Day” means days occurring Monday through Friday except for the legal holidays observed by the State of Texas. The terms “Working Days” and “Business Days” may be used interchangeably. All uncapitalized references to “days” shall be calendar days.

“CA” refers to TWC’s Commission Appeals department.

“Competitive Range” consists of the offers or Proposals that have a reasonable chance of being selected for award based on the evaluation criteria and basis for award as stated in this Solicitation.

“Contract” means the written agreement entered into by the TWC and Successful Respondent, which will incorporate the contents of this RFP and the Successful Respondent’s Proposal, except as may be provided in the Contract and any amendments thereto.

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“Contract Term” means the definite period of time that the Contract will remain in effect.

“ESBD” means the Electronic State Business Daily, an online platform, administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

“Final Written Response Score” refers to the final scoring of the Proposal based on Scoring Matrix published in the Solicitation.

“FTE” means Full-Time Employee.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code and Title 34 of the Texas Administrative Code (TAC), § 20.282.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required to be submitted with all Proposals for state agency contracts with an expected value of $90,000 or more and where TWC has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by TWC during the term of the Contract.

“Mentors” means Successful Respondent’s staff provided by Successful Respondent to provide services hereunder including but not limited to reviewing drafts of Reviewing Attorneys' decisions and other work product;

providing analysis and feedback to the Reviewing Attorneys; identifying process improvement efficiencies/strategies and RA training opportunities and implementing, with TWC’s CA’s department approval, identified efficiencies, strategies and training. For purposes of this contract, reviewing drafts and providing analysis and feedback to RA’s constitutes “monitoring” the RA’s. The Mentors will have no Human Resources, disciplinary or other http://www.txsmartbuy.com/esbd

RFP No. 3202600042 Page 6 of 52 personnel-related role, except to inform TWC’s CA’s management of any relevant incident in a timely fashion. TWC CA management will determine which services are required. Successful Respondent will determine which Mentors provide specific services.

“Offered Options” means options that are not requested in a response to this Solicitation but may be identified by a Respondent and included in its Proposal. A Respondent is not obligated to include Offered Options in its Proposal. This is an opportunity for Respondents to offer options that TWC may not have been aware of at the time this Solicitation was written. TWC makes no commitment to quantity or timing for acquisition of Offered Options and Offered Options are not considered during evaluation of Proposals.

“PHS” means Procurement and HUB Services, a division of TWC.

“Proposal” means a written offer to contract with the State, submitted in response to this Solicitation.

“Reviewing Attorney” (RA): means TWC staff attorneys assigned to review UI cases resulting from appeals from lower authority appeal decisions.

“Respondent” means the individual or entity that submits an offer or Proposal. The term includes anyone acting on behalf of the individual or entity that submits an offer or Proposal, such as an agent, employee, and representative.

“Reviewing Attorney” (RA): means TWC staff attorneys assigned to review UI cases resulting from appeals from lower authority appeal decisions.

“Sanction(s)” means monetary remedies including recoupment, payment hold, imposition of penalties or damages, exclusion, debarment, suspension, or revocation.

“Senior Consultant” (SC): means the Successful Respondent’s staff individual who will manage and directly oversee the daily activities of Mentors and who will provide weekly reports to TWC CA management.

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“Solicitation” means this RFP, including all exhibits, attachments, forms, and Addenda, if any.

“State” means the State of Texas and its instrumentalities, including TWC, its officers, employees, or authorized agents, and any other state agencies.

“Subcontractor” refers to a person who contracts with a vendor to work or continue toward completing work for a governmental entity. The term does not include a state agency. The term includes an officer or employee of a state agency when the officer or employee contracts with a vendor in a private capacity.

“Successful Respondent” means the Respondent with whom the TWC executes a Contract to provide the goods and/or services that this Solicitation requires.

“Total Score” means the Final Written Response Score that includes revised points for additional evaluation activities if any, as outlined by this Solicitation.

“TWC” means the Texas Workforce Commission.

“TWC Procurement Portal” means the online platform used by TWC for publishing solicitations informing vendors of procurement opportunities and response requirements and providing public notice of contract awards.

“VPTS” means Vendor Performance Tracking System, as described under Texas Government Code § 2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas Government Code § 2155.089 and 34 TAC § 20.509.

RFP No. 3202600042 Page 8 of 52

Article I. Purpose, Authority and Schedule of Events

1.1. Purpose

The Texas Workforce Commission (TWC) is seeking proposals for Unemployment Insurance (UI) Appeals Mentoring and Support Services.

To reduce backlog, TWC’s Commission Appeals (CA) department requires highly experienced, expert Unemployment Insurance Higher Authority Appeals Program Mentors for Reviewing Attorneys (RA’s), as well as to make and administer training recommendations/assistance based on review of RA work product.

PHS will administer the procurement process for this Solicitation, which includes Solicitation publication, handling of communications from vendors, as well as managing the receipt of Bids for review and evaluation.

Information regarding TWC and its programs is available online and can currently be accessed at www.twc.texas.gov.

1.2. Authority

TWC is soliciting the goods and/or services stated in this Solicitation under of the authority Texas Government Code §§ 2155.062, 2156.001 and 2156.121.

1.3. Schedule of Events

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellation made prior to the Deadline for Submission of Proposals will be published as an Addendum posted to the ESBD. Respondent is required to sign and return an Addendum or Addenda with the Proposal.

http://www.twc.texas.gov/

RFP No. 3202600042 Page 9 of 52

EVENT DATE and TIME

Solicitation posted to ESBD and the TWC Procurement Portal

DECEMBER 10, 2025

Pre-Proposal Conference

Attendance is Optional

DECEMBER 16, 2025 at 10:00 AM Central Time

Deadline for Submitting Written Questions via the TWC Procurement Portal

DECEMBER 19, 2025 at 5:00 PM Central Time

Deadline to submit the draft HUB Subcontracting Plan for review

DECEMBER 12, 2025 at 5:00 PM Central Time

Deadline for TWC to provide the courtesy review of the draft HUB Subcontracting Plan

DECEMBER 17, 2025 at 5:00 PM Central Time

Deadline for Submission of Proposals (NOTE: Proposals must be RECEIVED by TWC by the deadline via the TWC Procurement Portal)

JANUARY 9, 2026, at 10:00 AM

Central Time

Anticipated Notice of Intent Notification JANUARY

Anticipated Contract Start Date FEBRUARY

Respondent must submit its Proposal to TWC in accordance with the due date and time as indicated in this Schedule of Events or as changed via a notification of an Addendum posted to the ESBD and the TWC Procurement Portal.

Article II. Scope of Work

2.1 Overview/Background

a. TWC’s Commission Appeals (CA) department’s mission statement is to support the three Commissioners of TWC in resolving administrative

RFP No. 3202600042 Page 10 of 52 appeals related to Unemployment Insurance, Wage Claims and other programs administered by TWC, by receiving higher authority administrative appeals, recommending resolution of these appeals, administering the Commissioners’ weekly docket, and disseminating decisions made by the Commissioners.

b. CA is the higher of two (2) levels of appeal available within TWC to parties affected by TWC’s administrative determinations.

c. CA’s primary responsibility is advising the three Commissioners of TWC in the resolution of these higher-level appeals.

d. After the Appeal Tribunal (TWC’s lower appeals authority) issues a decision, parties may appeal to the Commission (TWC’s higher appeals authority). CA administers these appeals for the Commission.

e. An attorney will listen to the recording of the lower authority hearing, review all documents related to the case and make a recommendation on how the case should be resolved by the Commission.

f. The attorney drafts a summary, a decision and any other necessary documentation, which is forwarded to the Commission offices for review.

Work load is heavy and strict time constraints apply.

g. All work product must be consistent with applicable state and federal statutes and regulations, guidance from the United States Department of

Labor, TWC procedures and practices, as well as TWC’s Appeals Policy &

Precedent Manual.

h. The Commission offices may request a supplemental summary if more information is desired than originally provided. The attorney who originally worked the case is responsible for producing the supplemental summary.

i. After the Commissioners vote on a case, the attorney is also responsible for rewriting the decision should the vote differ from the attorney’s

RFP No. 3202600042 Page 11 of 52 recommendation.

j. Training and guidance materials are provided to attorneys, but due to the high variability, complexity and demanding pace of the work, attorneys require considerable mentoring and oversight, and their work requires expert-level review by staff working independently without additional support. Mentoring and oversight are subject to the same time deadlines as attorney work product.

k. The CA department has a high proportion of new hire attorneys, and the experienced staff available to mentor and support them is insufficient to maintain productivity expectations.

l. To reduce backlog, TWC Commission Appeals requires highly experienced, expert, self-supporting Unemployment Insurance Higher

Authority Appeals Program Mentors for Reviewing Attorneys (RA’s), to review RA work product, and make and administer training recommendations/assistance based on review of RA work product.

2.2 Description of Services/Scope of Work/Specifications

2.1.1 Work Location

The Successful Respondent must remotely provide all UI Appeals Mentoring and Support Services (hereinafter referred to as “Services) to TWC so that travel by Successful Respondent’s Mentors and Successful Respondent’s Senior Consultant (SC) is not required.

2.1.2 Mentoring of Reviewing Attorneys (RA’s)

a. Successful Respondent’s Mentors will regularly review drafts of RA work product, including decisions.

b. Successful Respondent’s Mentors will provide analysis and feedback to the RA for improvement of work product.

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c. Successful Respondent’s Mentors will identify process improvement efficiencies/strategies and RA training opportunities.

d. Successful Respondent’s Mentors will implement, with CA’s approval, identified efficiencies/strategies and training.

2.2.3 Service Level Expectations

a. CA anticipates the need for up to two (2) Full Time Equivalent (FTE)

Successful Respondent’s Mentors for forty (40) hours per week for

RAs. More than two (2) individuals may be used to provide TWC with the required forty (40) hours per week of Services.

b. Each Successful Respondent’s Mentor FTE will monitor up to six (6)

RAs.

c. As part of the monitoring duties, Successful Respondent’s Mentor FTEs are responsible for, at a minimum:

1. Timely reviewing work product for quality and effectiveness;

ensuring that attorney work product is appropriate for direct release to the Commission offices.

2. Regularly providing communication, support, and guidance to RA’s in accordance with the Texas Unemployment Compensation Act, Commission precedent, and state/federal rules and procedures;

3. Advising RA’s on techniques to improve organizational skills and efficiencies consistent with the purpose and sensitive nature of higher authority UI appeals;

4. Approving work product for release and placing approved work product in the appropriate folder;

5. Providing status updates and/or conferences at least weekly with

RFP No. 3202600042 Page 13 of 52 the Director of Commission Appeals, or designee(s), and when specific concerns arise;

6. Collaborating with Director of Commission Appeals, or designee(s) on innovative approaches to issues impacting RAs.

d. Successful Respondent’s Mentors will endeavor to review all cases completed by RA’s each week.

e. During the first 4 weeks of service provision under this contract, the combined number of cases reviewed by all Mentors will at minimum equal half of the Mentor hours billed.

f. Starting in the 5th week of service provision under this contract, the combined number of cases reviewed by all Mentors will at minimum equal the number of Mentor hours billed.

g. Rework or edits required by the Commission or TWC management will be completed as first priority.

h. Successful Respondent’s Mentors will assist in addressing requests, complaints, or inquiries pertaining to work performed by assigned RAs by:

1. providing information responsive to the request, complaint, or inquiry within twenty-four (24) hours or less, excluding weekends and state holidays, of notification of request, complaint, or inquiry; and

2. providing recommendations for TWC Management's response, when appropriate.

i. Successful Respondent’s Mentors will work with CA management to promote and improve efficiency in attorney work product, including but

RFP No. 3202600042 Page 14 of 52 not limited to:

1. Identifying errors and inefficiencies in attorney work product and procedures in light of the sensitive nature of Unemployment

Insurance higher authority appeals,

2. Recommending improvements,

3. Developing or assisting in the development of training to implement improvements, and

4. Conducting or assisting in conducting training to implement improvements.

2.2.4 TWC Responsibilities

TWC will provide:

a. Virtual Private Network (VPN) access for TWC training and software programs required by Successful Respondent’s Mentors providing

Services under this Contract who have completed a TWC Form P-41, Information Resources Usage Agreement.

b. Training to Successful Respondent’s Mentors on the proprietary applications and platforms that the RAs use to perform their duties.

With this information, the Successful Respondent’s Mentors will assist and support each other in the use of the applications and platforms with minimal continuing support by TWC staff.

c. Cybersecurity Training to all Successful Respondent’s Mentors performing Services under this Contract who have access to a state security system or database, per Attachment 1 TWC Terms and

Conditions, Section 3.32.

d. Up to twenty-four (24) hours of training per Successful Respondent’s

Mentors for a maximum of two (2) Full-Time Employee (FTE) Mentors.

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e. Training to the Successful Respondent and Successful Respondent’s

Mentors on proprietary TWC systems and Texas law applicable to

Services to be performed under this Contract.

2.3 Knowledge, Skills and Abilities

a. Successful Respondent’s Mentors must each have a minimum of twenty

(20) years’ total full-time experience as a manager, director, Chief

Administrative Law Judge (ALJ) or in a similar responsible position in a state UI appeals program (any state or states), managing, monitoring, and/or training UI Appeals attorneys, or as faculty teaching judicial training to ALJ’s. Job duties should have included responsibility for the quality of UI attorney work product. Each Successful Respondent’s Mentor will preferably have prior experience as a Mentor attorney supporting state higher authority UI appeals attorneys in a capacity comparable with that herein described. Mentors will preferably be proficient with the proprietary software used by CA’s RA’s, including Benefits Inquiry, Appeal

Status and CAMP.

b. The Successful Respondent’s SC must have a minimum of twenty (20) years’ full-time experience adjudicating state UI appeals, including a minimum of ten (10) years’ full-time experience as Chief ALJ or equivalent (any state or states), and a minimum of ten (10) years’ experience training state UI attorneys and/or as faculty teaching judicial training to ALJ’s. The Successful Respondent’s SC will preferably have experience managing Mentor attorneys supporting state higher authority

UI appeals attorneys in a capacity comparable with that herein described.

RFP No. 3202600042 Page 16 of 52

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

The Terms and Conditions identified in the Solicitation Attachment 1 – TWC Terms & Conditions are applicable to this Solicitation and any Contract resulting from this Solicitation. TWC reserves the right to incorporate additional provisions in the Contract in the best interest of

TWC.

In the event of a conflict between this Solicitation and applicable laws and regulations, precedence shall be given to the laws and regulations.

3.2 Contract Award

TWC intends to award one Contract as a result of this Solicitation.

A written notice of Contract Award will be posted on the ESBD, the TWC Procurement Portal and notification will be sent to all Respondents immediately following execution of the Contract.

3.3 Contract Term

The Contract Term will commence on the fully executed Contract date and expire one year from contract execution date. At the end of the initial Term, TWC will have the sole option to renew the term of the Contract for four (4) additional one-year terms.

The Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the General Appropriations Act, TWC consolidation of offices, or any other disruption of current appropriations, Termination provisions of Attachment 1- TWC Terms and Conditions shall apply.

Following the base term and any allowable renewals or extensions, in accordance with GAA, Art. IX. Section 17.09(e). TWC may extend any

RFP No. 3202600042 Page 17 of 52 resulting Contract for not more than one (1) additional option period to address immediate operational or service delivery needs.

If the resulting Contract does not include a defined option period, the extension is limited to one (1) year.

3.4 Price Adjustment

Pricing agreed to in any resulting Contract shall be firm and remain constant based on the price agreed upon at award through the life of the Contract and any exercised optional renewal terms, if applicable.

3.5 Payments

Payment will be made by TWC in accordance with the pricing provided on Form 2 – Cost Proposal. The pricing is considered all-inclusive, and no other pricing may be provided on an invoice.

TWC must acknowledge that the services have been satisfactorily performed, and products received, if applicable, which are included on an invoice prior to approving the invoice for payment.

Any additional expenses incurred by the Contractor are the responsibility of the Contractor and will not be paid by TWC.

TWC will not pay any per diem, travel, hotel, equipment, phone calls, paper, reproduction services, office space, or other incidental expenses related to performing the services required by the Contract.

3.6 Contract Amendments

The Contract may be amended only by written agreement signed by both the Successful Respondent and TWC.

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3.7 No Guarantee of Volume, Usage or Compensation

TWC makes no guarantee of volume, usage, or total compensation to be paid to a Respondent under an awarded Contract, if any, resulting from this Solicitation.

TWC reserves the right to cancel, make partial award, or decline to award a Contract under this Solicitation at any time at its sole discretion.

3.8 Governmental Entities

If Respondent is responding to this Solicitation in its capacity as a governmental entity, certain Terms and Conditions found in this Solicitation, including exhibits and attachments, may not be applicable.

Furthermore, to the extent permitted by law, if a Bid is received from a governmental entity, TWC reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

3.9 Offer Period

Bids shall be binding for a period of ninety (90) days after the submission due date. A Respondent may extend the time for which its Bid will be honored. Upon Contract execution, prices agreed upon by the Successful Respondents(s) are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by TWC.

3.10 Cost Incurred

Respondent understands that issuance of this Solicitation in no way constitutes a commitment by TWC to award a Contract. Additionally, TWC is not liable for any costs incurred by a Respondent in the preparation of a response to this Solicitation. Costs of developing Bids, preparing for, or participating in Oral Presentations and Site Visits, or any other similar expenses incurred by a Respondent are entirely the responsibility of the

RFP No. 3202600042 Page 19 of 52

Respondent, and will not be reimbursed in any manner by the State of Texas.

3.11 Public Information Act-Respondent Response

Information, documentation, and other materials submitted in connection with this Solicitation or resulting Contract may be subject to public disclosure pursuant to the Texas Public Information Act, Texas Government Code, Chapter 552. See Attachment 1 – TWC Terms & Conditions, Section 2.4.

If Respondent asserts that information provided in its Bid is exempt from disclosure under the Texas Public Information Act, Respondent must mark and submit two separate, searchable Portable Document Format (PDF) copies (Original Bid and “Public Information Act Copy,” including attachments, of the Original Bid) as identified below. This copy is in addition to the original and all copies otherwise required under the provisions of this Solicitation).

3.12 Public Information Action-Contract Award

a. Within five (5) Business Days from Contract execution, the

Successful Respondent must submit a “Public Information Act Copy” of the Original Executed Contract (in addition to the Original

Executed Contract) to the TWC Contract Manager by email. The

Public Information Act Copy must meet the following requirements:

b. The copy must be clearly marked as “Public Information Act Copy” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger);

c. Each portion Successful Respondent claims is exempt from public disclosure must be redacted (blacked out); and

d. Successful Respondent must identify, adjacent to each redaction, RFP No. 3202600042 Page 20 of 52 the claimed exemption from disclosure. Each identification provided as required in Subsection b of this section must be identical to those set forth in the Original Bid as required in Section 3.11.

above. The only difference in required markings and information between the Original Contract and the “Public Information Act

Copy” of the contract will be redactions, which can only be included in the “Public Information Act Copy.” There must be no redactions in the Original Executed Contract.

3.13 Respondent Waiver-Intellectual Property

SUBMISSION OF ANY DOCUMENT TO TWC IN RESPONSE TO THIS

SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER AND

AGREEMENT BY RESPONDENT TO FULLY INDEMNIFY THE STATE OF

TEXAS AND TWC FROM ANY CLAIM OF INFRINGEMENT AGAINST

THE STATE OF TEXAS AND TWC REGARDING THE INTELLECTUAL

PROPERTY RIGHTS OF RESPONDENT OR ANY THIRD PARTY FOR

ANY MATERIALS SUBMITTED TO TWC BY RESPONDENT.

3.14 Insurance

For the duration of any Contract resulting from this Solicitation, the Successful Respondent shall acquire insurance, bonds, or both, with financially sound and reputable independent insurers, in the type and amount listed in Attachment 1 TWC Terms and Conditions, Section 3.19.

Notwithstanding the preceding, TWC reserves the right to consider reasonable alternative methods of insuring the Contract in lieu of the insurance policies customarily required. It will be the Respondent’s responsibility to recommend to TWC alternative methods of insuring the Contract. Any alternatives proposed by Respondent should be accompanied by a detailed explanation regarding Respondent’s inability to obtain the required insurance and/or bonds. TWC shall be the sole

RFP No. 3202600042 Page 21 of 52 and final judge as to the adequacy of any substitute form of insurance coverage.

Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of Contract.

3.15 Sanctions and Remedies

3.15.1. General

The sanctions and remedies will be referred to as “Sanctions.”

3.15.2. Assessment of Sanctions

Once TWC has determined that Sanctions are to be assessed, the Executive Director or Executive Director’s designee shall notify the Successful Respondent of the assessment(s). TWC will withhold Sanctions from payments to the Successful Respondent or, if no payments are to be made, TWC will make demand of payment of sanctions. The Successful Respondent must make payment within thirty (30) days of the TWC’s demand. In the event the Successful Respondent fails to pay within the thirty (30) day period, TWC may make a claim for payment against the performance bond, with or without notice to the Successful Respondent, if applicable.

3.15.3. Failure to Assess Sanctions

The failure of TWC to assess Sanctions in any instance where TWC is entitled to Sanctions under the terms of this Solicitation, or the resulting Contract shall not constitute waiver in any fashion of TWC’s rights to assess Sanctions.

3.15.4. Failure to Notify TWC of a Change of Ownership or

Control or Change in Financial Condition.

The failure of the Successful Respondent to notify TWC of a change of ownership or control or change in financial condition as required in Sections 3.17 (Change in Ownership) and Section 6.5 (Financial

RFP No. 3202600042 Page 22 of 52

Soundness) may result in the Successful Respondent being assessed sanctions in the amount of ONE HUNDRED DOLLARS ($100) per incident.

3.15.5. Failure to Comply with Disclosure Requirement.

The failure of the Successful Respondent to comply with the disclosure requirement in Attachment 1 – TWC Terms and Conditions, Section

2.3 may result in the Successful Respondent being assessed sanctions in the amount of ONE HUNDRED dollars ($100) per incident.

3.15.6. Failure to Produce Records or Information as part of

Background Investigation.

The failure of the Successful Respondent to cooperate with and/or produce records or information as part of a background investigation conducted pursuant to Attachment 1 – TWC Terms & Conditions, Section 2.31 may result in the Successful Respondent being assessed Sanctions in the amount of FIVE HUNDRED dollars ($500) per day for each day the records/information are not produced, or answers are not provided.

3.15.7. Failure to Produce Records or Information as part of an Audit.

The failure of the Successful Respondent to cooperate with and/or produce records or information as part of an audit conducted pursuant to Attachment 1 – TWC Terms & Conditions, Sections 2.15-2.17 or requested pursuant to Attachment 1 – TWC Terms & Conditions, Sections 2.39 may result in the Successful Respondent being assessed Sanctions in the amount of FIVE HUNDRED dollars ($500) per day for each day the records/information are not produced, or answers are not provided.

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3.16 Liquidated Damages

3.16.1 General

It is agreed by TWC and the Successful Respondent that:

a. If the Successful Respondent does not provide or perform the requirements referred to or listed in this Solicitation or fulfill the obligations of the Contract, damage to TWC will result;

b. establishing the precise measure of damages in the event of default by the Successful Respondent may be (i) costly, (ii) time consuming, or

(iii) difficult or impossible to calculate;

c. the liquidated damage assessments contained herein represent a good faith effort to quantify the damages that could reasonably be anticipated at the time of execution of the Contract;

d. the damages set forth herein are just and reasonable;

e. nothing contained in this section shall be construed as relieving the

Successful Respondent from performing all Contract requirements whether or not said requirements are set forth herein; and

f. TWC may, therefore, in its sole discretion, deduct damages from the compensation otherwise due to the Successful Respondent, an amount equivalent to two percent (2%) of the total cost of services. All assessments of damages shall be within the sole discretion of TWC.

3.16.2 Assessment of Liquidated Damages

a. Once TWC has determined that liquidated damages are to be assessed, the TWC shall notify the Successful Respondent of the assessment(s).

b. Upon receipt of written notice, the Successful Respondent will have

RFP No. 3202600042 Page 24 of 52 ten (10) days to provide a written explanation of any justification that may be applicable to the liquidated damages being considered and a corrective action plan for bringing the operations within the standards specified.

c. TWC has the right to amend the corrective action plan submitted by the Successful Respondent.

d. In all cases, the corrective action plan must be approved by TWC in writing prior to implementation. The corrective action plan must be implemented by the Successful Respondent at no cost to and upon approval by the TWC Contract Manager.

e. Liquidated damages will not be assessed during the specified cure period in the corrective action plan for the activity in question.

f. If the breach is not cured or the Successful Respondent does not provide a written justification and/or approved corrective action plan, TWC will withhold liquidated damages from payments to the

Successful Respondent, or, if no payments have been made, TWC will make demand of payment of liquidated damages.

g. The Successful Respondent must make payment within thirty (30) days of TWC’s demand.

h. In the event the Successful Respondent fails to pay within the thirty

(30) day period, TWC may utilize the option to withhold any additional payments.

i. Failure to pay assessed liquidated damages within the designated time frame may be deemed by TWC to be a breach of contract.

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3.17 Changes of Ownership or Financial Condition

During the term of the Contract or any extension or renewal thereof, the Successful Respondent shall notify TWC in writing of any substantial change in the ownership or control of the Successful Respondent as soon as possible, but no later than thirty (30) days prior to its occurrence.

Successful Respondent must also notify TWC in writing of any change in financial condition as soon as possible, but no later than ten (10) days after its occurrence.

he failure to notify TWC of a change of ownership or control or change in financial condition will be sufficient grounds for rejecting the Bid or terminating the Contract. For the purposes of this section, examples of a substantial change in financial condition are events such as insolvency, bankruptcy, or receivership.

3.18 Severability

If any provision or portion of this Solicitation is illegal, void, or unenforceable, the other provisions will not be affected.

3.19 Franchise Tax - Right to Transact Business in Texas

If applicable, the Texas franchise tax is imposed on each taxable entity formed or organized in Texas or doing business in Texas.

Respondent must be set up in the Texas franchise tax system prior to Contract award if applicable. Texas franchise tax information can be accessed at https://comptroller.texas.gov/taxes/franchise/.

3.20 Subcontractor Requirements

Respondent must indicate whether or not it holds any financial interest in any Subcontractor. As a condition of award, an authorized officer or agent of each proposed Subcontractor may be required to sign a statement to the effect that the Subcontractor has read, and will agree to abide by, https://comptroller.texas.gov/taxes/franchise/

RFP No. 3202600042 Page 26 of 52

Respondent’s obligations under any Contract awarded pursuant to this Solicitation.

The Successful Respondent must obtain prior written approval from TWC if any part of the Contract between TWC and the Successful Respondent is to be subcontracted, and the Subcontractor must comply with all applicable requirements of TWC. TWC reserves the sole right to require the Successful Respondent to terminate any Subcontractor with or without cause.

In the event TWC approves of the use of any Subcontractor, the Successful Respondent is not relieved of its responsibility and obligation to meet all the requirements of this Solicitation.

TWC will incur no additional obligations, and the obligations of the Successful Respondent will not be reduced as a result of any such subcontracts.

The Successful Respondent’s obligation to pay Subcontractors is governed by Texas Government Code § 2251.022 (Time for Payment by Vendor), and any amendments thereto.

Article IV. Proposal Process

4.1. Inquiries

4.1.1 Sole Point of Contact

The Sole Pont of Contact for this Solicitation is:

Karen Williams, CTCD/CTCM

Texas Workforce Commission Procurement Portal

All requests, questions, or other communication about this Solicitation must be submitted through the TWC Procurement Portal and will be directed to the Sole Point of Contact.

https://twc-texas-gov.bonfirehub.com/portal/?tab=openOpportunities

RFP No. 3202600042 Page 27 of 52

4.1.2 Prohibited Communication

Except as provided in Section 4.1.1 (Sole Point of Contact) and Section 4.1.4 (Exception to Sole Point of Contact), a potential Respondent and Respondent that has submitted a Proposal is prohibited from any communication with TWC regarding the Solicitation. Unless allowable, TWC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid.

Respondent shall rely only on written statements issued by or through TWC designated staff as provided by Section 4.1 (Inquiries). Failure to comply with these restrictions may result in disqualification of Respondent's Proposal. These restrictions do not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.1.3 Written Questions

TWC will allow written questions regarding this Solicitation. Questions must be submitted in accordance with Section 4.1.1 Sole Point of Contact by the deadline established in Section 1.3 (Schedule of Events) Include the Solicitation section and page number to which each question applies.

TWC will post to ESBD and the TWC Portal the Questions & Answers and, if appropriate, an Amended Solicitation. Responses to questions will not be provided individually to prospective Respondents submitting questions.

TWC reserves the right to amend answers previously posted prior to the Proposal deadline identified in Section 1.3 (Schedule of Events). If amended, a notification of the amended answers will be posted to the ESBD and TWC Procurement Portal. It is the Respondent’s responsibility to check the ESBD and the TWC Procurement Portal. TWC also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

RFP No. 3202600042 Page 28 of 52

Questions received by the deadline in Section 1.3 (Schedule of Events) will be reviewed by TWC. Only TWC’s written answers posted to the ESBD and the TWC Procurement Portal to questions submitted to the Sole Point of Contact in writing, in accordance with this section, are binding.

4.1.4 Exception to Sole Point of Contact

Exceptions to Section 4.1.1 (Sole Point of Contact) are as follows:

a. A Respondent with questions relating to the HSP is permitted to direct those questions to the TWC HUB staff by sending an email to:

TWCHUBinfo@twc.texas.gov.

b. Where it is expressly directed by the Sole Point of Contact that another designated TWC representative may speak to the Respondent, such as during Contract negotiations. A Respondent is required to ensure that communications have been authorized by the Sole Point of Contact before engaging in any such communication. Failure to comply with this requirement may result in the disqualification of a Respondent’s Proposal.

4.2. Pre-Proposal Conference

TWC will conduct a Pre-Proposal Conference. A prospective Respondent should plan attend the Pre-Proposal Conference. See Section 1.3

(Schedule of Events) for the date and time. The Pre-Proposal Conference will include an overview of the Solicitation and a presentation on the HSP requirements, if applicable to this Solicitation.

4.2.1 Attendance

Attendance at the Pre-Proposal Conference is optional but highly recommended.

mailto:TWCHUBinfo@twc.texas.gov

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4.2.2 Logistical Information

PHS will hold the Pre-Proposal Conference on the date and time set out in Section 1.3 (Schedule of Events).

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact identified in Section 4.1.1 (Sole Point of Contact) at least seventy-two

(72) hours before the meeting in order to have reasonable accommodations made by TWC.

Zoom Webinar Information:

Webinar ID # 999 1897 3324

Webinar Registration Link: https://zoom.us/j/99918973324

4.2.3 Questions at the Pre-Proposal Conference

a. Attendees may submit questions in writing at the conference according to the instruction provided by TWC. All questions must be in the required format and include the information as referenced in Section

4.1.3 (Written Questions).

b. During the Pre-Proposal Conference, TWC may provide responses to questions, but only written responses will be posted in the TWC Procurement Portal and ESBD as an Addendum to the Solicitation.

Only written responses will be considered an official, binding update to the Solicitation.

c. TWC reserves the right to amend, prior to the Proposal Deadline, answers previously posted. Amended answers will be posted to the ESBD and the TWC Procurement Portal. Notification of posting will be in accordance with Section 1.3 (Schedule of Events).

d. Unauthorized communications with TWC other than the Sole Point of Contact identified in Section 4.1.1 regarding this Solicitation before, during, or after the Pre-Proposal Conference are prohibited. Failure to https://zoom.us/j/99918973324

RFP No. 3202600042 Page 30 of 52 comply with these restrictions may result in disqualification of Respondent's Proposal.

4.3. Proposal Composition

4.3.1 General Information

Respondent must fully and completely address all requirements described in this Solicitation. Incomplete or partial Proposals will not be considered.

The Respondent must provide all information that the Respondent believes would be helpful to TWC in evaluating the Respondent’s ability to fulfill the Solicitation requirements. Respondent shall prepare a Proposal that clearly and concisely represents its qualifications and capabilities.

4.3.2 Proposal Format

The Proposal submitted in response to this Solicitation must:

a. Be responsive to all Solicitation requirements;

b. Be in the 8 1/2" by 11" paper layout;

c. Be clearly legible; and

d. Be presented using font type Verdana, or Arial, font size 12 pt., with one (1) inch margins and 1.5 line spacing; the sole 12-point font size exception is no less than size 10 pt. for tables, graphs, and appendices.

4.3.3 Proposal Signature

Respondent’s authorized representative must sign on all exhibits and forms requiring a signature. A Proposal without the required signatures is not responsive to the Solicitation and will be disqualified. Unsigned Proposals will not be evaluated; these Proposals will be kept with the procurement file and not be returned to the Respondent.

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4.3.4 Discrepancies

In the event of any discrepancies or variations between copies, TWC is under no obligation to resolve the inconsistencies and may make its scoring and selection decision accordingly, including the decision to potentially disqualify a Proposal. If Respondent fails to submit its Proposal in accordance with this Solicitation TWC, in its sole discretion, will determine the version to be used as the original or may disqualify the Proposal. If the Respondent submits a redacted Public Information Act Proposal (see Section 3.12) as the “Original,” or only Proposal, TWC will disqualify the Proposal and it will not be evaluated. TWC will not accept submissions after the “Deadline for Submission of Proposals” in Section

1.3 (Schedule of Events) to remedy discrepancies or variations in Proposal submissions.

4.3.5 Exceptions

Each Respondent is highly encouraged, in lieu of including exceptions in a Proposal, to address all issues that might be advanced by way of exception by submitting such issues as questions pursuant to Section

4.1.3 (Written Questions).

Any exception included in a Proposal may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its Proposal, Respondent is required to use Form 1 - Execution of Response of this Solicitation and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Form 1 - Execution of Response may be rejected without consideration. Respondent must clearly identify the specific section and language to which it takes exception, propose specific alternative language, and describe its reasoning for requesting the exception. TWC will only consider exceptions submitted on Form 1- Execution of Response.

No exception, nor any other term, condition, or provision in a Proposal that differs from or contradicts this Solicitation will be considered to be

RFP No. 3202600042 Page 32 of 52 part of any Contract resulting from this Solicitation unless expressly made a part of the Contract in writing by TWC.

Excessive exceptions, exceptions which are not presented as required, or deviations by the Respondent to Attachment 1 - Terms & Conditions may affect a Respondent’s standing or ranking, may delay negotiations resulting in a shorter Contract Term, may cause Respondent’s Proposal to be deemed non-responsive or unacceptable for award and be removed from further consideration without discussion. If a Respondent proposes exceptions to the Terms & Conditions, TWC may make an award without discussion to another Respondent that did not propose exceptions to the Terms & Conditions.

4.3.6 Binding Offer

A Proposal should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated. Furthermore, all Proposals constitute binding offers. Any Proposal that includes any type of disclaimer or other statement indicating that the Proposal, or any portion of the Proposal, does not constitute a binding offer may be disqualified, as determined by TWC in its sole discretion.

If a Respondent’s ability to enter into a Contract is contingent upon any exception or assumption provided in accordance with Section 4.3.5 (Exceptions), the Respondent may be disqualified from further consideration for Contract award.

4.4. Proposal Submission and Delivery

4.4.1 Deadline

Proposals must be received by PHS as prescribed no later than the date and time specified in Section 1.3 (Schedule of Events).

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TWC is not responsible for Proposals emailed late, illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

4.4.2 Submission Method-TWC Procurement Portal

TWC has implemented the eProcurement platform referred to as the TWC Procurement Portal. All vendor submissions must be uploaded electronically to the TWC Procurement Portal link on the “Open Public Opportunities” tab.

Proposal submissions by any other method will not be accepted.

To respond to this Solicitation, Respondents must register through the Procurement Portal website. There is no charge to register.

Step-by-step instructions are available at:

Vendor Registration.

For a quick tutorial through the registration and submission process, visit:

Creating and Uploading a Submission.

Any issues with uploading must first be addressed with the TWC Procurement Portal Technical Support at the contact information included in the Procurement Information Summary and TWC Procurement Portal Instructions to Respondents document.

Respondents must contact the Contract Developer prior to the deadline if there are issues with using the TWC Procurement Portal and an alternative submission method may be required. Failure to contact the Contract Developer well before the deadline to make alternative arrangements will disqualify any subsequent Response submission.

In no event will TWC be responsible or liable for any delay or error in delivery. TWC is not responsible for electronic submissions that https://twc-texas-gov.bonfirehub.com/portal/?tab=openOpportunities…