12-Special Requirements.pdf

SPECIAL REQUIREMENTS/INSTRUCTIONS

The following requirements and instructions supersede General Requirements where applicable.

VENDOR INSTRUCTIONS

Responses to this Request for Proposal (RFP) shall be formatted and organized in the following order for consistency and easy screening:

If submitting a hardcopy, all proposals must be typed, single spaced, and printed single-sided on 8 ½” by 11” paper.

Each section of the vendor’s response should start on a new page. A tabbed divider page marked with the section number should separate each section.

Sections I-IX below shall be uploaded under Bonfire’s Requested Information section.

The preferred submission is via Bonfire.

Section I: Transmittal Letter – The transmittal letter should include:

Company name and address; name, title, email, telephone and fax number of person(s) to be contacted for clarifications or additional information regarding offer;

Name, title, email, telephone and fax number of person authorized to contractually obligate vendor’s company with offer and any future negotiations; and

A brief statement summarizing the vendor’s understanding of the project and relevant experience.

Section II: Technical Functionality and Feature Completeness Comprehensive MWBE/DBE/SBE tracking and reporting capabilities including automated goal setting based on contract values and types, real-time tracking of MWBE/DBE/SBE commitments versus actual participation, exception reporting for contracts falling below established diversity thresholds, and searchable database maintenance for certified MWBE/DBE/SBE vendors with verification status, certification expiration dates, and historical performance data specific to Harris County operations.

SBE tracking shall also encompass Veteran Owned Business requirements for the purpose of evaluating criteria.

MWBE/DBE/SBE compliance management features including MWBE/DBE/SBE participation goal tracking and utilization plan reviews, subcontractor commitment monitoring, MWBE/DBE/SBE certification validation capabilities, good faith effort documentation systems, commercially useful function audits, and automated calculation of MWBE/DBE/SBE participation percentages across multiple contract categories. Compliance management shall also demonstrate alignment with federal transportation funding requirements applicable to Harris County projects for DBE projects.

MWBE/DBE/SBE compliance features for logging and alert capabilities for all contract audit activities, documentation, and communication with vendors of all tiers for each contract monitored.

Labor compliance administration functionality covering Davis-Bacon Act requirements and prevailing wage administration for Harris County construction projects with current prevailing wage rate database maintenance, automatic updates from Department of Labor sources, wage determination integration for project specifications, and certified payroll submission tracking from contractors and subcontractors with automated wage rate verification and payroll audit capabilities.

HUD Section 3 compliance tracking and reporting functionality applicable to Harris County Housing and Community Development and Harris County Flood Control Projects including Section 3 business and resident database maintenance, employment and contracting opportunity tracking capabilities, Section 3 compliance benchmark calculations, contractor quantitative and qualitative efforts monitoring for resident hiring and business utilization, and automated reporting on safe harbor compliance.

OSHA compliance management functionality enabling Harris County to monitor and enforce safety requirements across all contracted projects including contractor safety certification tracking, safety training record maintenance, incident reporting and investigation management capabilities, unified platform architecture consolidating multiple compliance management functions into a single web-based application with real-time data integration capabilities, and automated vendor notification systems for relevant contracting opportunities with vendor performance tracking and rating capabilities.

Integrated outreach management software designed to centralize and streamline communication, engagement, and tracking with vendors, stakeholders, and community partners. This function shall support both mass outreach and targeted engagement efforts and provide robust tracking and reporting tools that ensure transparency and accountability on outreach efforts.

Mere reiterations of specifications are strongly discouraged, as they do not provide insight into the vendor’s ability to meet the specifications.

Section III: Fee Schedule – Vendors are encouraged to submit a Fee Schedule for all Service Offering(s) vendor possesses the capabilities to perform and available resource. Pricing must be all inclusive. At a minimum, vendor Fee Schedule shall clearly identify the following:

Project Management Implementation Services Training/Documentation for all purchased modules

Section IV: System Integration and Technical Architecture

Integration capabilities with existing Harris County systems including financial management systems, procurement platforms, and document management solutions with standard data exchange protocol support including API connectivity, automated data synchronization, and real-time reporting integration.

Cloud-based hosting capabilities with guaranteed uptime service levels, mobile-responsive design for field access requirements, enterprise-level security features including multi-factor authentication and data encryption meeting Harris County security standards, and compliance with applicable federal, state, and local data security requirements specific to Harris County operations.

Comprehensive data backup and disaster recovery capabilities ensuring continuity of county compliance operations with multi-user access support, role-based permissions, comprehensive audit trail maintenance for all system activities, and scalability features to accommodate Harris County operational growth and expanding compliance requirements.

Integration capabilities with county financial systems for contract payment processing, procurement system connectivity, real-time data integration capabilities supporting simultaneous monitoring of compliance status across all managed programs, and database integration capabilities with local workforce development databases and economic opportunity tracking systems.

Connection capabilities to county risk management and insurance systems for safety compliance coordination with streamlined vendor registration and qualification processes through integration with county procurement systems and robust system architecture supporting multiple compliance program management across non-construction, construction, housing, and community development projects.

Section V: Reporting and Analytics Capabilities Automated compliance report generation showing MWBE/DBE/SBE participation percentages, goal achievement metrics, variance analysis for individual contracts and county-wide initiatives, specialized MWBE/DBE/SBE reporting capabilities including quarterly and annual summaries, project-specific participation reports, and trend analysis across different project types and geographic areas within Harris County.

Robust reporting of labor standards for DBRA and Prevailing Wage data including wage details reports, customized reports, and HUD Semi-Annual reports.

Required federal reporting document generation for MWBE/DBE/SBE compliance, and HUD Section 3 quarterly and annual summary reports, project-specific compliance documentation, required OSHA reporting document generation, safety violation resolution workflow reporting, and executive dashboard views with key performance indicators and trend analysis specific to Harris County compliance performance

Customizable report templates, scheduled report distribution capabilities supporting Harris County leadership decision-making requirements, data visualization tools, export capabilities supporting multiple file formats for comprehensive analysis, and ad-hoc reporting capabilities with comparative analysis features showing performance across different time periods, project types, and compliance program areas.

Automated standard report generation, real-time dashboard monitoring capabilities for county personnel, analytics and reporting functionality on vendor engagement metrics and outreach program effectiveness, and exception reporting capabilities for wage violations, safety incidents, and compliance threshold breaches.

Comprehensive reporting integration supporting simultaneous monitoring across all Harris County managed programs with injury and illness tracking reports and comprehensive analytics showing compliance performance insights across all managed program areas.

Section VI: Vendor Experience and Implementation Management Demonstrated experience implementing diversity management software solutions for large governmental entities with similar scope and complexity to Harris County operations including proven track record with MWBE/DBE/SBE, Davis-Bacon, HUD Section 3, and OSHA compliance management systems for public sector clients with experience delivering integrated compliance platforms managing federal funding requirements and multiple compliance programs simultaneously.

Project management capabilities and implementation methodologies with documented success delivering similar solutions within established timelines and budgets including professional qualifications of key personnel assigned to Harris County implementation with relevant certifications and compliance management system experience.

Previous success with government clients managing similar compliance requirements across construction, housing, and community development projects with experience in federal transportation funding compliance and prevailing wage administration for public sector construction projects.

Demonstrated capability in implementing systems supporting vendor outreach and supplier diversity initiatives for governmental entities with track record of successful integration with existing government financial management, procurement, and document management systems.

Experience providing ongoing support and system maintenance for public sector diversity management platforms with realistic implementation schedule, comprehensive project management approach for deploying the diversity management software platform across Harris County operations, clear implementation phases with defined milestone deliverables and achievable timelines for system deployment, data migration strategies from existing Harris County systems with minimal operational disruption, and user acceptance testing protocols with phased rollout strategies tailored to county operational requirements.

Section VII: Training and Support Services

Comprehensive user training programs tailored to Harris County personnel across different system functions and user roles including initial system training capabilities with on-site instruction, virtual training options, and self-paced learning resources suitable for county operational requirements.

Ongoing education programs, high-quality documentation including user manuals and system guides specific to platform functionality, technical support services with defined availability, response times, and multiple support channel options including phone, email, and online assistance.

System update and maintenance service capabilities with continuous improvement support throughout the contract term and training delivery methods accommodating Harris County scheduling requirements and operational constraints.

Ongoing user support for all compliance program areas including MWBE/DBE/SBE, labor compliance, HUD Section 3, vendor outreach, and OSHA safety management with role-based training programs addressing different user permission levels and system access requirements.

Documentation and training materials specific to Harris County compliance requirements and operational procedures with ongoing technical assistance for system administration, reporting functions, integration maintenance, project management methodologies with established communication protocols and risk mitigation strategies specific to Harris County implementation, coordination capabilities with county personnel ensuring smooth transition to the new platform, training schedule coordination with Harris

County personnel availability and operational demands, and go-live strategies ensuring continuity of compliance monitoring and reporting throughout system transition.

Section VIII: Legal Documents – Include any standard agreement(s) and/or contracts(s) associated with vendor’s response.

Section IX: Miscellaneous – State exceptions to any of the requirements in this RSO, if any. Company brochures, marketing materials, or any other information vendor deems appropriate to the RSO response may be included in this section.

EVALUATION CRITERIA

Award shall be made to the responsible vendor whose offer is determined to be the best evaluated offer resulting from negotiations and taking into consideration all aspects of offer impact items and the following in order of relative importance:

Technical Functionality and Feature Completeness (Section II)………………………………………………………….35% System Integration and Technical Architecture (Section IV)………………………………………………………….....20% Reporting and Analytics Capabilities (Section V).……………………………………………………………………….15% Fee Schedule (Section III)…………………………………………………………………………………………….......15% Vendor Experience and Implementation Management (Section VI)……………………………………………………..10% Training & Support (Section VII)………………………………………………………………………………………….5% Cybersecurity and Information Technology Controls …………………................................................................... [Pass/Fail]

Vendor shall acknowledge and agree to abide by the County Cybersecurity and Information Technology Controls defined within the IT Vendor Controls document found in Bonfire under Public Files.

Additionally, vendor shall complete Reference Architecture and Questionnaire checklist (when applicable) found under the Requested Information section of Bonfire. When applicable, County IT Infrastructure Planning and Security Governance (I2PSG) committee will assess IT security and/or cybersecurity risk of proposed solution if the proposed product(s)/solution(s) needs or requires access to the Harris County network. The intent of this review phase is to ensure that proposed product(s)/solution(s) meet or exceed the minimum IT security and/or cybersecurity requirements.

Product(s)/solution(s) will receive a “Pass/Fail” rating. Product(s)/solution(s) receiving a Fail rating may only be considered for award if they do not require access to the Harris County network.

Submission of an offer implies the vendor's acceptance of the evaluation criteria and vendor’s recognition that subjective judgments must be made by the Evaluation Committee.

AWARD

Harris County anticipates awarding to a single vendor. However, Harris County reserves the right to award to more than one

(1) vendor if in the best interest of Harris County. Harris County reserves the right to review vendor facilities and/or mobile units for compliance prior to award.

The County may award to more than one (1) vendor as “Primary” and “Secondary” vendor. The “Secondary” vendor will be utilized due to time constraints, availability, etc.

No award can be made until approved by Harris County Commissioners Court. This RFP does not obligate Harris County to the eventual purchase of any product/service described, implied or which may be proposed. Progress toward this end is solely at the discretion of Harris County and may be terminated at any time prior to execution of an agreement.

The rates quoted on the BidTable must be all-inclusive. “All-inclusive” shall be construed as costs incorporating all charges for testing, labor, material, equipment, delivery, training, support and any other cost incurred. No separate line item rates or charges will be accepted. Quantities are estimates. Harris County may require more or less. In case of discrepancy between unit and total pricing, unit pricing governs.

CERTIFICATE OF INTERESTED PARTIES (FORM 1295)

Texas law requires all parties who enter into any contract with the County which must be approved by Commissioners Court to disclose all interested parties. Form 1295 must be completed in its entirety at the following website:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm prior to submitting your response. Failure to do so may result in disqualification of your response.

LEGAL DOCUMENTS

Vendor should submit any agreement for products/services which may be required by the vendor’s organization to enter into a contract with Harris County. The awarded vendor will be required to execute an agreement with Harris County which finalizes the terms and conditions set forth in vendor’s proposal, best and final offer, and any negotiations between vendor and Harris County. The agreement is subject to review and amendment by the Harris County Attorney’s Office.

INVOICES

Vendor shall submit an invoice upon completion of each deliverable. Deliverables will be considered complete only upon written acceptance by Harris County. Each invoice shall include deliverable(s) completed and the price for each. Each invoice shall include deliverable(s) completed and the price for each. Invoice shall be submitted on a monthly basis for work performed during the previous month. All payment requests will be accompanied by applicable: weekly/monthly reports, backup tabulations, and copies of employee time sheets for hourly T&M (Time and Material) tasks. No charges may be billed to Harris County unless such costs are explicitly included in the agreement. Invoices will be sent to:

Harris County Auditor’s Office c/o Accounts Payable 1001 Preston, Suite 800 Houston, Texas 77002

Or emailed to: VENDORINVOICES@HCTX.NET

The exact format for monthly invoices and other attachments will be agreed upon between the vendor and Harris County during contract negotiations.

PURCHASE ORDER

Services and/or products must not be provided and invoices will not be paid without a purchase order, signed by the Harris County Purchasing Agent. Purchase orders will be written in annual increments when applicable. Once a purchase order is issued, the using department will contact the vendor directly to place service orders.

PAYMENTS

Vendor shall be compensated monthly based on a milestone or progress-payment basis. Payments will be provided for monthly progress based on completion of accepted milestones. Invoices shall contain a written report of the project progress and the progressed project schedule showing the completion percentages for each task and milestone.

TOLL/PARKING FEES

Any and all tolls and parking fees incurred by the vendor during the term of this contract will be the responsibility of the vendor.

PUBLIC INFORMATION CONSENT

The parties expressly acknowledge that each party is subject to the Texas Public Information Act, Tex. Gov’t Code Ann. §§

552.001 et seq., as amended, and notwithstanding any provision in this contract to the contrary, each party will make any information related to this contract, or otherwise, available to third parties in accordance with the Texas Public Information Act.

COUNTY NOT OBLIGATED TO THIRD PARTIES

Neither the County nor related agencies are obligated or liable under this contract to any party other than vendor. Nothing in this contract is intended to, or shall be deemed or construed to, create or enhance any remedies in any independent rights of any third party, including any subcontractors.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) COMPLIANCE

Vendor agrees that vendor is solely responsible for compliance by employees, or individuals performing services on its behalf under this contract with the final regulations issued by the OSHA governing employee exposure to bloodborne pathogens in the workplace under Section VI(b) of the OSHA Act of 1970, as amended, and regulations effective March 6, 1992, and as may be amended or superseded from time to time (the “Regulations”), including but not limited to responsibility as “the employer” to provide all employees with: (1) information and training about the hazards associated with blood and other potentially infectious materials; (2) information and training about the protective measures to be taken to minimize the risk of occupational exposure to bloodborne pathogens; (3) training in the appropriate action to take in an emergency involving exposure to blood and other potentially infectious materials; and (4) information as to the reasons the employee should participate in hepatitis B vaccination and post-exposure evaluation and follow-up. Vendor’s responsibility with respect to the Regulations also shall include the provision of the hepatitis B vaccination in accordance with the Regulations.

NON-DISCRIMINATION

The parties agree that they will not discriminate on the basis of race, national origin, religion, creed, sex, age, veteran status, or handicap in either the selection of employees for provision of services under this contract, or as to any aspect of services provided pursuant to this contract; provided, however, that with respect to handicap, the handicap must be such as would, even with reasonable accommodation, in and of itself preclude the individual’s effective delivery of services under this contract.

INDEPENDENT CONTRACTOR

The parties hereby acknowledge that they are independent contractors, and neither the vendor nor any of its agents, representatives, personnel, staff, or employees shall be considered agents, representatives, or employees of Harris County.

In no event shall this contract be construed as establishing a partnership or joint venture or similar relationship between the parties hereto. Vendor agrees that it is and shall be liable for its own debts, obligations, acts and omissions, including the payment of all required withholding, social security, and other taxes or benefits including worker’s compensation insurance.

Vendor agrees to assure that no employee or any other individual who performs services on behalf of vendor pursuant to this contract shall look to Harris County for any salaries, insurance, or other benefits whatsoever. The provisions of the paragraph shall survive expiration or termination of this contract regardless of the cause of such termination.

POTENTIAL CONFLICT OF INTEREST

Notwithstanding any other requirements contained in the General Requirements section, the Potential Conflicts of Interest section specifically disqualifies any consultant, contractor and or any other entity who may have been a contributor to the creation of this RFP from proposing on this RFP and shall constitute a “prohibited proposal”.

SUBCONTRACTOR

Should the awarded vendor use any subcontractor(s) to perform the physical services required under this contract and the total contract amount proposed exceeds $25,000, the vendor shall be required to obtain a payment bond for the total amount of the vendor’s proposal. The payment bond shall remain in effect for the entire initial term of the contract. For the purposes of this RFP, a subcontractor shall include anyone performing any Work or Services under the resulting contract not directly employed by vendor. Subcontractor includes but is not limited to, personnel provided by staffing agencies or other means, personnel in direct contractual relationship with vendor, or those being paid as 1099 personnel. Where appropriate, it shall also mean trade vendors.

By law, any subcontractor used on any Harris County contract/job must be paid by the awarded vendor. Any cost associated with the payment bond must be included in the costs associated with this contract. A new payment bond will be required each year the contract is renewed. Harris County will provide the appropriate bond documents to the awarded vendor to complete and submit prior to commencing any work.

BOND

If successful vendor utilizes a subcontractor, successful vendor is required to furnish a payment bond in the amount of 100% of proposal within ten (10) days of the award. The payment bond must remain in effect for the duration of the contract including renewals. Upon award, Harris County Purchasing will send awarded vendor a payment bond application.

DATA BREACH OR SUSPECTED BREACH

Vendor shall have policies and procedures in place for the effective management of information security. In the event that vendor discovers a “security incident,” the vendor agrees to notify the County as soon as possible, but in no event shall notification occur later than 24 hours after discovery. “Security incident” is defined by Sec. 2054.603 of the Texas Government Code to include (i) a breach or suspected breach of system security (as defined by Sec. 521.053, Texas Business and Commerce Code), and (ii) the introduction of ransomware (as defined by Sec. 33.023, Texas Penal Code) into a computer, computer network, or computer system. Vendor shall provide notifications required by this clause to the County’s Chief Information Officer at 713-274-4444 or svcitchd@hctx.net.