16-Exhibit C - Special Requirements -Toll Delinquent Account Recovery and Management Services.pdf

SPECIAL REQUIREMENTS / INSTRUCTIONS

The following requirements and specifications supersede General Requirements where applicable. The term “Harris County” and “County" is understood to include the Harris County Toll Road Authority (“Toll

Road Authority” or “HCTRA”).

1.0 VENDOR INSTRUCTIONS

Responses to this Request for Proposal (RFP) shall be formatted and organized as follows for consistency and ease of screening:

• All proposals must be typed, single spaced, and printed single sided on standard 8 1/2 x 11” paper.

Proposals must include footnotes indicating Vendor’s company name and specific section Vendor is responding to (example: ABC Inc. Section III).

• One original, clearly marked “ORIGINAL” and ten (10) copies, clearly marked “COPY”, must be submitted in separate three-ring binders with identification of the Vendor, the job number, and the RFP title on the front cover. The “COPY” needs to be the exact replica of the “ORIGINAL”. Vendor must provide two (2) CD-ROMs; one (1) CD-ROM of proposal without pricing in pdf format labeled

“Proposal”, and one (1) CD-ROM for pricing only in pdf format labeled “Pricing”. CD-ROMs must clearly identify RFP Job Number and Vendor’s company name. Failure to do so may result in disqualification.

• The complete proposal response should be sealed in a box for delivery to the Office of the Harris

County Purchasing Agent per instructions in the Proposal Returns paragraph of the General

Requirements section.

• The proposal and the outside of the box must be labeled with the Vendor’s name and the job number found on the RFP cover sheet.

• Each section of the Vendor’s response should start on a new page. A ‘tab page’ marked with the section number and title should separate each section.

• Prepare a Table of Contents for the proposal being submitted and place it after the RFP Cover Sheet in

Section I.

• Vendor shall carefully review all components of this RFP and shall include all required forms, qualifications, technical, cost proposals, and any other items required in Vendor’s submittal(s) as it pertains to the specific option(s) chosen.

Section I: RFP Cover Sheet, Transmittal Letter, Residence Certification (Attachment a), Insurance (Attachment e), and signed Addenda (when applicable; see Addenda under

General Requirements) – 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 proposal;

• Name, title, email, telephone and fax number of person authorized to contractually obligate

Vendor’s company with proposal and any future negotiations; and

• A brief statement summarizing the Vendor’s understanding of the services to be provided, how all requirements of this RFP will be met, and the proposer’s ability to meet the needs and requirements of the RFP.

Section II: Organization Information and Vendor Qualifications/Experience

• Submit your company’s history and background information that demonstrates experience related services described in this RFP.

• Each project identified by the Vendor shall include Project Manager, a brief description including scope, duration, and the name of the client and telephone number;

• Submit a minimum of five (5) references that required your company to complete similar services in the past 5 years as demonstration of Vendor’s prior experience. References provided must be current and verifiable. Harris County will conduct reference checks to verify and validate Vendor past performance. Reference checks indicating poor or failed performance by Vendor will be cause for rejection of the response submitted.

• In addition, failure to provide verifiable letters of reference will be cause for rejection of the response submitted.;

• Submit your company’s organization chart, principal officers, description of project team organization, names, and resumes of team members.;

• Audited Financial Statements; and

• Licenses/Accreditations/Certifications

Section III: Scope of Service/Narrative of Proposed Services

• Describe your firm’s philosophy, approach(s) and preferred methods for meeting requirements and/or deliverables in the specifications.

• Provide the greatest amount of meaningful detail possible to describe the proposed services. The Vendor shall indicate if the specifications can be met, or if the specifications can be met only under certain conditions or circumstances. If the Vendor is not able to meet the specification, briefly explain why, noting any concerns or issues

Harris County should be aware of.;

• Provide a timeline indicating deliverables, Vendor responsibilities and resources needed from Harris County.

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

Section IV: Pricing Information – Vendor must utilize the Pricing/Delivery Information Form to provide pricing. Pricing information must be placed in a separate sealed envelope with Job Number and Vendor’s company name printed clearly on the outside of the envelope and placed in Section IV of response. Any Vendor that does not comply with this requirement will be disqualified. Pricing must be submitted in Section IV of response and only in Section IV.

Section V: References (See Attachment h) – Include completed attachment h

Section VI: Questionnaire (See Attachment k) – Vendor must complete and return all answers to the questionnaire in the order in which they are listed. Failure to do so may result in disqualification.

Section VII: Miscellaneous – State exceptions to any of the requirements in this RFP, if any. Company brochures, marketing materials, or any other information vendor deems appropriate to the

RFP response may be included in this section.

Harris County will not be liable for any costs incurred by the vendor in preparing a response to this RFP.

Vendors submit proposals at their own risk and expense. Harris County makes no guarantee that any products or services will be purchased as a result of this RFP, and reserves the right to reject any and all proposals. All proposals and accompanying documentation will become the property of Harris County. All proposals are open to negotiation.

The Vendor is expected to examine all documents, forms, specifications, and all instructions. Failure to do so will be at Vendor’s risk.

At and after opening, proposals will NOT be part of the public record and subject to disclosure, but will be kept confidential until time of award and execution of an agreement. When an award is made and an agreement is executed, proposals are subject to review under the “Public Information Act”. To the extent permitted by law, vendors may request in writing non-disclosure of confidential data. Such data shall accompany the proposal, be readily separable from the proposal, and shall be CLEARLY MARKED

“CONFIDENTIAL”. For those portions identified as confidential by the vendor, Harris County must rely on advice, decisions and opinions of the Attorney General of the State of Texas relative to the disclosure of data or information.

All proposals and accompanying documentation will become the property of Harris County. All proposals are open to negotiation. The Vendor is expected to examine all documents, forms, specifications, and all instructions. Failure to do so will be at Vendor’s risk.

1.1 EVALUATION CRITERIA & EVALUATION PROCESS

All proposals will be examined by an Evaluation Committee consisting of the Harris County Toll Road

Authority (HCTRA) personnel, Office of the Harris County Purchasing Agent (Harris County Purchasing), and any other individual/entity HCTRA deems necessary in the process. Proposals that do not conform to the instructions or which do not address all the services as specified may be eliminated from consideration.

However, Harris County, reserves the right to accept such a proposal if it is determined to be in the best interest of the County.

Vendor proposal(s) shall be processed through a phased evaluation and selection process as described below. The process is intended to result in objective and transparent recommendations to be made by the

Technical and Price Review Committees to the Executive Review Committee for their consideration. Harris

County Purchasing may request an Interview and Oral Presentations from certain Vendors to further clarify certain proposal(s).

Award shall be made to the responsible Vendor whose proposal is determined to be the best value to HCTRA resulting from negotiations and taking into consideration all aspects of proposal impact items. Harris County will consider Technical Approach & Integration, Past Performance & References, Customer Experience, Security & Compliance, Quality Assurance, and Pricing in the evaluation of the proposals. The maximum points that shall be awarded for each of these categories are detailed below.

Evaluation Criterion Points Allocated

Technical Approach & Methodology 25

Relevant Experience and Past Performance 30

Key Personnel Qualifications 25

Cost / Fee Proposal 20

Respondents shall organize their proposals using the sections below. Proposals should be clear, concise, and specific to the services requested. General marketing materials that do not directly address the criteria will not be considered.

1. Technical Approach & Methodology

Respondents shall describe in detail their proposed technical approach to performing the services contemplated by this RFP. The response must demonstrate a clear understanding of HCTRA’s objectives, as outlined in the Specifications. Respondents should equally possess knowledge regarding HCTRA’s operational environment, legal constraints, and performance expectations.

At a minimum, the response shall address:

• Respondent’s overall methodology for identifying, managing, and resolving delinquent accounts, including the sequence of activities from account referral through resolution.

• Tools, systems, and technologies proposed for account management, data security, reporting, and compliance monitoring.

• Compliance controls to ensure adherence to applicable federal, state, and local laws and regulations, including consumer protection and data-privacy requirements.

• Quality assurance and performance management processes, including internal audits, error-correction mechanisms, and continuous improvement practices.

• Respondent’s approach to coordination and communication with HCTRA, including reporting cadence, escalation procedures, and responsiveness standards.

• Any innovative practices or efficiencies that distinguish the firm’s approach and add measurable value to HCTRA.

Proposals will be evaluated on the clarity, feasibility, completeness, and effectiveness of the proposed methodology, as well as Respondent’s demonstrated understanding of the scope and risks of the work.

2. Relevant Experience and Past Performance

Respondents shall provide information demonstrating their experience performing services similar in size, scope, and complexity to those described in this RFP.

At a minimum, the response shall include:

• A description of the firm’s relevant experience providing delinquent account collection or comparable services for public agencies, toll authorities, or similarly regulated entities.

• A summary of at least three (3) representative projects completed or currently underway within the last five (5) years, including:

o Client name and type of agency, o Contract term and scope of services, o Volume or scale of accounts handled, o Performance outcomes (e.g., recovery rates, compliance metrics).

• Discussion of any experience working under statutory, regulatory, or contractual constraints similar to those applicable to HCTRA.

• Disclosure of any material contract terminations, defaults, or adverse findings related to similar work within the past five (5) years.

Proposals will be evaluated based on the relevance, depth, and demonstrated success of prior experience, as well as the firm’s ability to transfer that experience to HCTRA’s specific needs.

3. Key Personnel Qualifications

Respondents shall identify the key personnel who will be assigned to perform the services under this contract and describe their qualifications and roles.

At a minimum, the response shall include:

• Identification of a primary point of contact / project manager, including name, title, and years of relevant experience.

• A description of each key team member’s role and responsibilities under the proposed contract.

• Resumes or qualifications summaries highlighting education, certifications, licenses (if applicable), and relevant professional experience.

• The firm’s staffing model, including anticipated allocation of resources and backup personnel to ensure continuity of service.

• Any proposed use of subcontractors, including their roles and oversight mechanisms.

Proposals will be evaluated on the experience, competence, availability, and demonstrated ability of proposed personnel to successfully perform the required services.

4. Cost / Fee Proposal

Overview and Required Pricing Format

Respondents shall submit their Cost / Fee Proposal using Exhibit D – Compensation Model, without modification. The Compensation Model establishes a contingency-based fee structure with defined units, stages, and allowable maximum fee amounts.

All pricing must conform strictly to the structure, assumptions, and limitations set forth in Exhibit D, so respondents may be compared equally. Alternative pricing models, revised formats, or conditional pricing will not be accepted and may result in disqualification.

Instructions for Completing the Compensation Model

A. Respondent Proposed Compensation

For each line item in Exhibit D, Respondents shall enter a proposed fee amount in the column labeled “Respondent Proposed Compensation ($)”.

• Proposed amounts may not exceed the applicable HCTRA Allowable Maximum Fee Amount.

• Proposed amounts may be equal to or less than the allowable maximum.

• Proposed amounts shall be stated clearly and consistently for each unit of service (e.g., per account, per hearing, per lawsuit).

Respondents are responsible for ensuring that their proposed fees accurately reflect all labor, overhead, administrative, compliance, and operational costs associated with performing the described services.

B. Early-Stage and Late-Stage Pricing

The Compensation Model distinguishes between Early-Stage and Late-Stage activities. Respondents must complete pricing for all applicable stages, including but not limited to:

• Early-Stage administrative collection activities;

• Administrative hearings and pre-hearing resolution;

• Litigation, post-hearing, and post-judgment activities.

Respondents should carefully review the descriptions of each step and ensure that pricing is internally consistent across stages and aligned with the anticipated progression of accounts.

C. Contingency-Based Compensation Structure

Payments to the selected Firm(s) will be made only on a contingency basis, as defined in Exhibit D.

Key principles include:

• Fees are payable only upon successful collection of delinquent amounts.

• Firm(s) will be compensated only for fees actually accrued on a given account.

• If an account accrues less than the allowable maximum fee, the Firm(s) will receive only the amount actually accrued, not the maximum.

Respondents shall price their proposals with the understanding that no guaranteed volumes or revenues are implied.

D. Case Expenses and Attorney’s Fees

Respondents shall acknowledge and price their proposals in accordance with the following requirements:

• Case expenses are reimbursable up to the stated per-case limit and are subject to a standing agreement with the Authority.

• Attorney’s fees must be approved by the Authority prior to being pled and are retained by the

Firm(s) only when awarded and paid.

• All fees remain subject to the HCTRA Allowable Maximum Fee Amounts established by governing policy.

Respondents shall not include reimbursable expenses or attorney’s fees in the proposed compensation amounts unless expressly directed by the Compensation Model.

Price Evaluation Methodology

Cost proposals will be evaluated on a comparative basis using the completed Compensation Model.

• Respondents proposing the lowest overall pricing, within the allowable maximums and fully compliant with the Compensation Model, will receive the highest score in the Cost / Fee

Proposal category.

• Higher proposed fees will receive proportionally fewer points.

• ONLY PROPOSALS THAT FULLY CONFORM TO THE REQUIRED PRICING

STRUCTURE WILL BE EVALUATED.

HCTRA reserves the right to verify calculations, request clarification, and reject proposals that are incomplete, internally inconsistent, or non-conforming.

Vendor Responsibility

By submitting a Cost / Fee Proposal, the Respondent confirms that:

• It has reviewed and understands the Compensation Model;

• All proposed fees comply with the allowable maximums and contingency requirements;

• The pricing submitted represents the Respondent’s best and most competitive offer.

HCTRA intends to award a contract to the Respondent whose proposal provides the best overall value, with cost competitiveness evaluated in conjunction with technical qualifications.

Administrative Review

HCTRA intends for this administrative review process phase to be concluded quickly. The intent of this review phase is to ensure that proposals are complete and that Vendors have met the minimum qualification requirements, both of which are necessary to advance to the Technical Review stage. It is very important that Vendors carefully review their proposals before submission since Harris County will not allow Vendors to remediate their proposals after submission. The “Pass/Fail” screening” will be conducted using the following criteria:

• Completeness and Proposal Quality. Proposals submitted by Vendors will be checked for completeness relative to the requirements articulated in the RFP. Submittals which are incomplete will not be evaluated further. In addition to all of the other requirements of the RFP, Vendors must ensure that the proposal is presentable and all applicable attachments are filled out in their entirety along with the items detailed in Section 1.0 Vendor Instructions.

• Minimum Pre-Qualifications. The proposals will be reviewed to ensure that the proposing

Vendors meet the qualifications and would be able to enter into a contract with HCTRA. Vendors not meeting these requirements shall not advance to the next step and will be deemed non-compliant and will not be evaluated further.

AWARD

The award shall be made to the responsible Vendor(s) whose proposal is determined to be the Best Value resulting from negotiations. “Best Value” is defined as the best product delivering the greatest functionality for the best price; however, this may not necessarily be the lowest price offered.

Harris County may award this contract to a single vendor, multiple vendors, or use any combination that best serves the interest of Harris County.

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.

VENDOR QUALIFICATIONS

HCTRA requires that the Vendor demonstrate strong experience in providing the services detailed in the

RFP for public agencies. If subcontractors are used, the Vendor’s proposal shall identify the work that any subcontractor shall perform. Proposing Vendor shall meet the following minimum qualifications:

• Relevant Experience: At least five (5) years of experience managing toll, utility, or municipal debt collections with documented annual recoveries of no less than $5 million.

• Public Sector Engagement: At least three (3) public sector client references with contracts involving $2 million or more in recovered revenue within the last five years.

• Operational Capability: Demonstrated ability to handle daily placement volumes of at least

5,000 accounts segmented by delinquency age and jurisdiction.

• Certifications & Compliance: Active SOC 2 Type II and PCI-DSS Level 1 compliance, FDCPA and Texas Debt Collection Act training for all collections personnel, and full ADA and TTY accessibility support. Compliance may be achieved through certification directly or through a combination of internal compliance and use of HCTRA's compliant systems.

• Multilingual Support: Staffing of bilingual (English/Spanish) agents and provision of customer-facing materials in both languages.

• Financial stability and resources.

• Capable of securing bonding.

Vendors shall provide all information requested in the required format. Vendors failing to submit this requirement or who submit incomplete information may be deemed to be non-responsive and shall be rejected.

REFERENCES

Provide a minimum of three (3) references wherein your company has provided services similar in size and scope to those described in this RFP in the past twelve (12) months as demonstration of Vendor’s prior experience. References must include company name, contact person, telephone number, email address and type of service provided. Use Attachment h.

Letters must include the following information:

• Organization / Client Name

• Name of Contact Person

• Contact Telephone, Address and Email.

• Product or Services provided to this client.

• How long were services provided to this client?

• Harris County prefers professional qualifications and experience of prime Vendor and its staff with a minimum of five (5) to eight (8) years of relevant experience.

• Provide references for clients who are similar in size and complexity to Harris County Toll Road

Authority.

References provided must be current and verifiable. Harris County will conduct reference checks to verify and validate Vendors past performance. Reference checks indicating poor or failed performance by Vendor will be cause for rejection of the response. In addition, failure to provide verifiable letters of reference will cause for rejection of the response submitted.

FINANCIALS

The Vendor must be able to demonstrate a history of financial stability and should include in its proposal, as a minimum:

• Current Dunn & Bradstreet Report;

• A narrative that describes the Vendor’s financial capacity to undertake and complete the project as proposed;

• Audited statements of financial condition, prepared by an independent certified public accountant, for the past three (3) years;

• Provide names and addresses of at least two (2) banking and lending institutions, which Harris County may contact for financial references;

• A statement disclosing any bankruptcy or insolvency proceeding that the Vendor has filed or that has been filed against the Vendor pursuant to Chapter 11 or Chapter 7 of the United States

Bankruptcy Code, or any applicable state law of comparable effect;

• A copy of the Vendor’s most recent annual report (if applicable);

• If the proposal is submitted by a partnership and/or joint venture, provide full information concerning the nature and structure of the partnership and/or joint venture, including:

o Name of the entity that will be guaranteeing contract performance;

o Date that the joint venture or partnership was created;

o A statement that the agreement between members comprising the joint venture makes each jointly responsible and severally liable for contractual obligations of this project; and o A statement indicating that all parties to the partnership or joint venture agree to the terms and conditions set forth in this RFP.

PERFORMANCE BOND

A bid bond or bank cashier’s check only (company checks are not acceptable) in the amount of 5% of proposal is required, and must be submitted with the Vendor proposal. The successful Vendor(s) is required to furnish a performance bond in the amount of 100% of proposal within ten (10) days of the award. The performance bond must remain in effect for the duration of the contract including renewals. Upon award, Harris County Purchasing will send awarded Vendor(s) a performance bond application. If a Vendor is not awarded, bank cashier’s checks will be returned within (10) ten days of award. If a Vendor is awarded, checks will be returned (10) ten days after receipt of performance bond.

PAYMENT BOND

A bid bond or bank cashier’s check only (company checks are not acceptable) in the amount of 5% of proposal is required, and must be submitted with Vendor proposal. The successful Vendor(s) 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(s) a payment bond application. If a Vendor is not awarded, bank cashier’s checks will be returned within (10) ten days of award. If a Vendor is awarded, checks will be returned (10) ten days after receipt of performance bond.

INSURANCE

Harris County requires that each proposal be accompanied by the company’s current Certificate of

Insurance. The Certificate MUST be original on the standard industry ACORD form and signed by the agent in ink. If the insurance on the certificate will expire in six months or less from the time the proposal is submitted, the company must include a letter on its own stationery that verifies it will continue insurance at the same levels beyond the expiration date on the certificate. The proposer does need to commit to the same agent or carrier, but must continue insurance. When said current policies expire, the proposer must provide new certificates, as no further agreement will be pursued until verification of coverage is confirmed.

The Certificate of Insurance must include coverage for each and every insurance requirement in this package particularly the Workers Compensation 110.110 requirements. Vendor shall procure and maintain appropriate insurance coverage, including as a minimum, public liability and property damage with adequate limits to cover Vendor’s liability as may arise directly or indirectly from work performed under terms of this proposal. The certificate must identify Harris County as an additional insured, provide a waiver of subrogation and confirm the Hold Harmless status of the County.

For minimum insurance requirements and TWCC Rule 110.110 see Attachments e and f.

It shall be the responsibility of the successful Vendor to obtain the proper wage rates from this site for the type of work described in or required by these bid specifications.

LIQUIDATED DAMAGES

In the event a Vendor fails to satisfactorily complete the work contemplated in this RFP, Harris County shall deduct from the payments due the Vendor each month, the sum indicated in this RFP where liquidated damages are mentioned, which is agreed upon not as a penalty, but as fixed and liquidated damages for each day/hour of such delay, to be paid in full and subject to no deduction. If the payments due to Vendor are less than the amount of such liquidated damages said damages shall be deducted from any other monies due or to become due the Vendor or shall be paid by the Vendor’s surety.

PAYMENTS

Vendor Payment requests may be submitted 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. All payment requests will be accompanied by: monthly reports, backup tabulations, and copies of employee time sheets for hourly T&M (Time and Material) tasks. The exact format for monthly invoices and other attachments will be agreed upon between the Vendor and HCTRA during contract negotiations.

1.2 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”.

1.3 REVOLVING DOOR RESTRICTIONS

In accordance with the principles of ethical governance, Harris County requires that all proposers and their subcontractors agree to the following revolving door restrictions:

• Prohibited Employment

Any individual who has served as an employe of Harris County in general, or a HCTRA employee who has served in a policymaking or procurement decision-making role at HCTRA, or Harris County in general, within the preceding 12 months may not:

o Be employed by, o Act as a consultant to, or o Otherwise receive compensation from a proposer or subcontractor submitting a response to this

RFP.

• Cooling-Off Period

Former HCTRA, or Harris County employees or officials shall not participate in any manner in the preparation or submission of a proposal or contract negotiation related to this procurement for a minimum of one (1) year following the termination of their official duties with the County or

HCTRA.

• Disclosure Requirement

Each proposer must disclose:

o Whether any of its principals, employees, agents, or subcontractors were employed by or served at HCTRA or Harris County within the past two years.

o The role they held and date of separation from Harris County or HCTRA.

o Any proposed role on the contract and whether it may create a potential or perceived conflict of interest.

• Certification

By submitting a response to this RFP, the proposer certifies that it is in compliance with this revolving door restrictions and will continue to comply throughout the term of the contract. Any violation may result in:

o Disqualification of the proposal, o Termination of the contract for cause, o Possible referral to law enforcement for further investigation.

• County Rights

Harris County reserves the right to:

o Disqualify any proposer determined to be in violation of this policy, o Request additional documentation to confirm compliance, and o Enforce any remedy as allowed under law and contract.