17-3202600043 Employer S RFP Final RFP (12) 9525.pdf

1 RFP No. 3202600043

Albert Trevino III, Commissioner

Representing Labor

Joe Esparza, Commissioner Representing Employers

Vacant, Commissioner

Representing the Public

Edward Serna, Executive Director

Request for Proposals (RFP) for

Employer Child Care Solutions RFP

RFP No. 3202600043

Date of Release: September 5, 2025

Proposals Due: October 16, 2025 by 10:00 a.m. Central Time

NIGP Code: 958-22

Sole Point of Contact for this RFP (see Section 4.1)

Dallas Curry-Ikner, CTCD, CTCM Purchaser

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

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TABLE OF CONTENTS

Table of Contents 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

2.2. Background

2.3. Scope Excludes

2.4. Technical Assistance (TA) Services

2.5. Program Operation

2.6. Deliverables

2.7. Payment Verification and Post-Completion Survey

2.8. Costs of Technical Assistance Services

Article III. General Information

3.1. Terms and Conditions

3.2. Contract Award

3.3. Contract Execution

3.4. Contract Term

3.5. Price Adjustment

3.6. Contract Amendments

3.7. No Guarantee of Volume, Usage, or Compensation

3.8. Governmental Entities

3.9. Offer Period

3.10. Costs Incurred

3.11. Public Information Act - Respondent Proposal

3.12. Public Information Act – Contract Award

3.13. Respondent Waiver – Intellectual Property

3.14. Insurance

3.15. Sanctions and Remedies

3.16. Liquidated Damages

3.17. Service Level Agreements and Service Level Credits

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3.18. Changes in Ownership or Financial Condition

3.19. Severability

3.20. Franchise Tax – Right to Transact Business in Texas

Article IV. Proposal Process

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. Submitting Proposal Information Through Bonfire

6.2. Narrative Proposal

6.3. Cost Proposal

6.4. Offered Options

6.5. Organization Information

6.6. References

6.7. Contract Performance

6.8. Financial Soundness

6.9. Execution of Response

6.10. Corporate Guarantee

6.11. HUB SUBCONTRACTING PLAN (HSP)

6.12. Optional Proposal Submission Checklist

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6.13. Subcontractor Information

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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 to the ESBD and issued 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.

“Agreement” or “Technical Assistance Services Agreement” means the TWC provided TA Provider and Employer Technical Assistance Services Agreement executed by the TA Provider and Employer and returned to TWC. The Agreement will be in substantially the same form and format as Attachment 6 Sample TA Provider and Employer Technical Assistance Services Agreement provided in this RFP.

“Business Day” means days occurring Monday through Friday except for the legal holidays observed by the State of Texas. All uncapitalized references to “days” shall be calendar days.

“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.

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“Contract” means the written agreement entered into by TWC and the 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.

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

“Deliverable” or “Task” means a report, study, assessment, or plan that results from a TA Service provided to an Employer by a TA Provider. Under a TWC Contract awarded under this RFP, a Deliverable must be finalized by the Services Completion Date specified by the TA Provider on the TWC approved Task Order, and a copy of the final Deliverable must be provided to TWC to initiate the payment process (See Section 2.7. Payment Verification and Post-Completion Survey).

“Employer” means a single employer or the lead entity of a consortium of employers interested in exploring how to meet the child care needs of their employees, including offering employer-supported child care for employees with children and working within the State of Texas. Employer may be based in Texas or have operations outside of Texas with employees employed within the State of Texas.

“Employer-Supported Site-Based Child Care” means child care services supported by an employee’s employer that are either available on the workplace premises or nearby.

“Employer Interest Form” or “Interest Form” means the form completed by an Employer and returned to TWC that indicates an Employer’s interest to participate in the Program. A sample of this form is included as Attachment 5 in this RFP.

“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

8 RFP No. 3202600043 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.

“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.

“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 an Offered Option 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.

“Program” means the Technical Assistance for Employer-Supported Site- Based Child Care funded by this Employer Child Care Solutions RFP, including the TA Services which will be performed by TA Providers awarded Contracts under this RFP.

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

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

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

“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.

“Services Completion Date” means the date specified by the TA Provider on the Task Order when all specified and TWC-approved TA Services on the fully executed Task Order and corresponding Deliverables must be completed, finalized, and provided to the Employer. The Services Completion Date will be within twelve (12) months from Task Order execution up to the current end date of the TWC Contract with the TA Provider, whichever occurs first. An Employer may request an extension of the Services Completion Date by contacting TWC. TWC will review the extension request and either approve or deny. However, such extension, if approved, will not exceed the current end date of the TWC Contract with the TA Provider or ninety (90) days, whichever occurs first.

“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 TWC executes a Contract to provide the goods and/or services that this Solicitation requires.

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“Task Order” means the agreement approved by TWC and executed by and among TWC, the TA Provider, and the Employer documenting the approved Technical Assistance Services to be provided to the Employer. The executed Task Order is a binding agreement and is considered a part of the Contract between the TA Provider and TWC. TWC will not approve or issue an executed Task Order until the required Agreement between the TA Provider and Employer has been received by TWC. A Sample Task Order, including Deliverables and TA Services is included as Attachment 7 of the RFP. Task Orders must be included as an attachment to the TA Provider and Employer Technical Assistance Services Agreement.

“Technical Assistance” or “Technical Assistance Services” (TA or TA Services) means services provided by a TA Provider to Employers to ascertain how to meet the child care needs of their employees, including the development of Employer-Supported Site-Based Child Care through a prescribed set of studies, reports, analyses and plans identified in this RFP. TA Services are limited to: Employee Needs Assessment, Employer Feasibility and Cost Analysis Study, Options Analysis and Recommendations Report, Site Selection Report, and Business Plan (See Section 2.4, Technical Assistance (TA) Services for descriptions of TA Services).

“Technical Assistance Provider” or “TA Provider” means a Successful Respondent awarded a Contract with TWC under this RFP to provide Technical Assistance Services for Employers that are interested in exploring and/or developing Employer-Supported Site-Based Child Care based on their employees’ child care needs.

“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.

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“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.

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ARTICLE I. PURPOSE, AUTHORITY AND

SCHEDULE OF EVENTS

1.1. Purpose

Through Successful Respondents procured under this Employer Child Care Solutions RFP, the Texas Workforce Commission (TWC) seeks to provide Technical Assistance (TA) Services to Employers interested in exploring how to meet the child care needs of their employees, including a focus on Employer-Supported Site-Based Child Care.

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 Proposals for review and evaluation.

TWC intends to award up to five (5) Contract(s) to Successful Respondent(s).

TWC previously issued an RFP for the same purpose (RFP 3202400058). The entities awarded a contract under RFP 3202400058 will not be eligible to receive another Contract under this new RFP 3202600043.

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 § 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 in the TWC Procurement portal and a notification of the https://gcc02.safelinks.protection.outlook.com/

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Addendum posted to the ESBD. Respondent is required to sign and return an Addendum or Addenda with the Proposal.

EVENT DATE and TIME

Solicitation Uploaded to TWC Procurement Portal and Notification Posted to ESBD

September 05, 2025

Pre-Proposal Conference September 16, 2025 2:00/PM Central Time

Deadline to submit the draft HUB Subcontracting Plan for review

September 19, 2025 at 5:00 PM Central Time

Deadline for Submitting Written Questions through the TWC Procurement Portal

September 19, 2025 at 5:00 PM Central Time

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

October 03, 2025 at 5:00 PM Central Time

Tentative Date Responses to Written Questions are Published on the TWC Procurement Portal

October 9, 2025 at 5:00 PM Central Time

Deadline for Submission of Proposals in the TWC Procurement Portal (NOTE:

Proposals must be RECEIVED by TWC by the deadline.)

October 16, 2025 at 10:00 AM Central Time

Anticipated Notice of Intent Notification January 2026

Anticipated Contract Start Date March 2026

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 an Addendum posted to the TWC Bonfire Portal and notification posted to the

ESBD.

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ARTICLE II. SCOPE OF WORK

2.1. Overview

TWC is seeking to procure one or more qualified TA Providers to provide the

TA Services identified in this RFP to Employers who are interested in exploring how to meet the child care needs of their employees, including the development of Employer-Supported Site-Based Child Care.

A successful Response from a potential TA Provider to this RFP will include:

1. Outreach and recruitment efforts proposed by the TA Provider;

2. Identification of the TA Services listed in this RFP that the TA Provider is qualified to provide; and

3. The proposed cost per TA Service.

The Deliverables of a Contract awarded under this RFP will be the final reports, studies, assessments, or plans for the TA Services identified in this RFP that the Successful Respondent completes for an Employer.

2.2. Background

TWC has available federal Child Care and Development Fund (CCDF) funding that will be used to procure one or more TA Providers to provide TA to

Employers to ascertain how to best support the child care needs of the their employees, to determine the feasibility of developing a child care program, and to potentially connect with child care providers willing to offer site-based child care.

Under this Employer Child Care Solutions RFP, each Employer considering

Employer-Supported Site-Based Child Care will select one (1) TA Provider with which to enter into an Agreement to receive Technical Assistance. TWC will not participate in the selection process by the Employer of a TA Provider.

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2.3. Scope Excludes

The Scope of Work for this RFP excludes the following:

a. Acting as a child care resource and referral service that provides resource hubs for families, child care professionals and communities by providing referrals to local child care providers, information on state licensing requirements, information on where to get help paying for child care, information on services for children with special needs, and other related activities;

b. Arranging or securing child care or back-up child care for an

Employer’s employees;

c. Construction of child care facilities; and

d. Development or implementation of a software solution.

2.4. Technical Assistance (TA) Services

2.4.1. The Successful Respondent must be able to provide the

following required TA Services:

2.4.1.1. Employee Needs Assessment (required for each Employer unless one has already been completed within the past twelve (12) months) – An Employee Needs Assessment of the needs of the local employee community must include the following required elements:

employee interest and demand, community demand, capacity and areas with the most need for additional child care resources, and the availability of child care in the communities where employees live and work.

2.4.1.2. Employer Feasibility and Cost Analysis Study – A

Feasibility Study of an employer-supported child care program, 16 RFP No. 3202600043 including, but not limited to, governance, oversight and associated risks, child care regulations, quality standards, licensing requirements, child care staffing needs, and partnering with a third-party child-care program operator. The required element for the Feasibility Study is to clearly indicate the feasibility of the Employer establishing its child care operation versus partnering with a third party. The Cost Analysis

Study should include an analysis of costs such as cost optimization options, availability of alternative funding, short- and long-term costs

(required element), financial risk (required element), and costs or savings associated with potential third-party operations (required element).

2.4.1.3. Options Analysis and Recommendations Report – An

analysis of Employer-supported child care options and recommendations for potential solutions. The required element for the

Options Analysis and Recommendations Report is customized potential solutions for each Employer. Potential solutions include, but are not limited to, the following:

a. Partnering with existing child care programs compared to opening a new program;

b. Existing public and private resources (for example, child care subsidies or donated space);

c. Potential partners and/or third-party program operators;

d. Employee benefits (for example, Employer-funded tuition/fee offsets, dependent care savings accounts, and/or incenting waitlist priority for employee’s children); and

e. Family friendly workplace policies (for example, flex-time, flexible start and end times for the workday, and/or family medical leave).

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2.4.2. The Successful Respondent must be able to provide the

following Optional TA Services:

2.4.2.1. Site Selection Report – A report measuring the needs of a new project against the merits of potential locations. The report must include the following required elements: costs, site suitability, zoning requirements, and development of new onsite or near-site child care programs.

2.4.2.2. Business Plan – A plan that addresses these required elements: project goals and objectives, recommendations for program design (such as capacity/size, hours of operation, ages to be served, location, etc.), a timeline for implementation, a plan for organizational change management, a market analysis, location selection, staffing plan, annual budget, cash flow analysis, and launch plan.

2.4.3. Technical Assistance Services will be provided under the following parameters:

a) Based on the specific needs and circumstances of an Employer, a single TA Service or a combination of TA Services may be provided.

The TA Services will be specified in a Task Order completed by the

TA Provider and the Employer and must be approved in writing by

TWC prior to any services being provided.

b) Each TA Service provided to an Employer will result in a Deliverable that is a report, study, assessment, or plan. A copy of each final

Deliverable for a TA Service must be provided to TWC upon completion.

c) A Task Order, including all specified TA Services and corresponding

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Deliverables, must be completed and all TA Services provided to the

Employer within twelve (12) months of Task Order execution up to the current end date of the TWC Contract with the TA Provider, whichever occurs first. This will be the Services Completion Date the

TA Provider will specify on the Task Order.

d) An Employer may request an extension of the Services Completion

Date by contacting TWC. TWC must receive the extension request at least thirty (30) days before the current Services Completion

Date, and will review the extension request and either approve or deny. However, such extension, if approved, will not exceed the current end date of the TWC Contract with the TA Provider or ninety

(90) days, whichever occurs first, and will require an amendment to the Task Order.

e) A Task Order may be amended in writing to add or remove TA

Services. An amended Task Order must be approved and executed by TWC before it takes effect. However, an amended Task Order will not modify the Services Completion Date for the Task Order currently in effect.

f) Prior to submitting the final Deliverable(s) to TWC, the TA Provider and Employer will collaborate to finalize the Deliverable(s).

g) Payment for each final Deliverable associated with a TA Service is contingent upon completion and verification by TWC. See Section

2.6 Deliverables and Section 2.7 Payment Verification and

Post-Completion Survey below.

2.5. Program Operation

2.5.1. Employer Outreach and Recruitment

2.5.1.1. Employers who are interested in receiving Technical

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Assistance on how to meet the child care needs of their employees, including the development of Employer-Supported Site-Based Child

Care, may select one (1) of the TA Providers.

2.5.1.2. Employer Child Care Solutions Web Page:

TWC will establish an Employer Child Care Solutions web page containing resources and information for both Employers and TA

Providers with the TA Services that may be provided by a TA Provider.

Upon Contract award, Successful Respondents will submit a TA

Provider profile for posting to the TWC Employer Child Care Solutions web page.

Employers may independently visit the TWC web page to review TA

Provider profiles, select a TA Provider, and submit an Employer

Interest Form. An Employer may select any TA Provider on the TWC list of contracted TA Providers, regardless of outreach efforts by a particular TA Provider or TA Providers.

An Employer that contacts TWC directly will be directed to the TWC

Employer Child Care Solutions web page, which will include steps to initiate selecting a TA Provider for TA Services. TWC will not “match”

TA Providers with Employers.

2.5.1.3. To maximize Employer engagement, TA Providers may

conduct outreach and recruitment efforts with Employers interested in exploring the development of Employer-Supported Site-Based Child

Care. Outreach and recruitment are not required under a Contract resulting from this RFP. TWC will only pay for TA Services completed by a TA Provider, and not for outreach and recruitment.

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2.5.1.4. Outreach and Recruitment Guidelines

TA Provider must comply with the following Outreach and Recruitment

Guidelines:

2.5.1.4.1. Methods. TA Providers may use any outreach

methods as determined by the TA Provider to inform Employers of the eligible TA Services and instruct Employers on how to obtain the TA Services according to the processes specified by

TWC in this RFP. TA Services and Deliverables to be provided by the TA Provider are subject to TWC approval and must follow

TWC requirements, as indicated below.

2.5.1.4.2. TA Provider Website. A TA Provider may include

information about the TA Services available on its website, subject to TWC review and approval. If a TA Provider includes information on its website about the TWC Technical Assistance for Employer Child Care Solutions Program, it must also provide a link to TWC’s Employer Child Care Solutions web page. TWC may also link to a TA Provider’s website that contains information about the TA Services available. TA Providers website must only include the TA Services specified in the

Contract resulting from this RFP.

2.5.1.4.3. Employer Interest Form. In the event that an

Employer expresses interest in the TA Services directly to a TA

Provider, the TA Provider must direct the Employer to the TWC

Employer Child Care Solutions web page to complete the TWC

Employer Interest Form, and the Employer must submit the completed form to TWC in order to initiate the process of

21 RFP No. 3202600043 requesting the TA Services. See Attachment 5– Sample

Employer Interest Form.

2.5.2. TA Provider and Employer Technical Assistance Services Agreement

An Agreement executed by both the TA Provider and Employer will be required for each Employer (including the lead entity if a consortium of

Employers). See Attachment 6 Sample TA Provider and Employer

Technical Assistance Services Agreement.

2.5.2.1 Following receipt and review of the Employer Interest Form, TWC will notify the TA Provider of the Employer’s interest in receiving

TA Services from the TA Provider.

2.5.2.2 The goal of the RFP is for each Employer to work with only one (1) TA Provider.

2.5.2.3 The TA Provider will coordinate with the Employer to fully execute the Agreement and return it to TWC. The Agreement must include a completed Task Order that identifies the TA Services to be provided by the TA Provider. See Section 2.5.3 Task Order for

TA Services below.

2.5.2.4 To the extent a TA Provider and Employer have or have had a pre-existing relationship within the past twelve (12) months of

Agreement execution, including any technical assistance underway that is related to Employer-Supported Site-Based Child Care, the TA

Provider and Employer will execute an Agreement for the Technical

Assistance Services provided under a Contract resulting from this RFP that excludes the services that have been or are being performed and

22 RFP No. 3202600043 that the Employer has already budgeted for or has paid for with its own funding prior to the execution of the Agreement.

2.5.2.5 Before the TA Provider may initiate any TA Services provided under a Contract resulting from this RFP, TWC must approve and execute the Task Order attached to the Agreement that has been executed by the TA Provider and the Employer.

2.5.3. Task Order for TA Services

2.5.3.1 TWC does not guarantee that a TA Provider will be selected by an Employer to provide TA Services through a Task Order during the

TWC Contract Term.

2.5.3.2 An executed Task Order, signed by the TA Provider, the

Employer and TWC, is required before the TA Provider may perform any TA Services for the Employer. The Task Order is not effective until approved in writing by TWC.

2.5.3.3 Upon entering into an Agreement with an Employer with a

TWC Employer Interest Form on file, the TA Provider must complete and sign a Task Order, including the Employer’s signature. Both the

Employer and the TA Provider will initial the requested TA Service(s).

The Employer will be the entity leading the selection process of the TA

Service(s). To ensure employee needs will guide the selected TA

Services, TWC requires an Employee Needs Assessment for each

Employer unless one has already been completed within the past twelve (12) months. This Task Order completed by the TA Provider and the Employer must be returned to TWC with the executed

Agreement between the TA Provider and the Employer within three (3)

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Business Days after execution of the Agreement by Employer and TA

Provider.

2.5.3.4 TWC will review and determine whether to approve the Task

Order for TA Services to be performed by the TA Provider for an

Employer with which the TA Provider has an executed Agreement.

Note: TWC will not approve a Task Order without the corresponding

Agreement between the Employer and the TA Provider.

2.5.3.5 Upon TWC approval of the Task Order, TWC will sign and return a copy of the fully executed Task Order to the TA Provider and the Employer. Only upon receipt of this fully executed Task Order may the TA Provider begin performing TA Services for the Employer.

2.5.3.6 All Deliverables finalized with the Employer for each approved

TA Service in the Task Order must be completed and provided to the

Employer by the Services Completion Date.

2.6. Deliverables

The following table lists Deliverables for the Contract awarded under this RFP and includes the required studies, reports, assessments, and plans due from

TA Providers during the Contract Term.

TWC anticipates that, as a TA Provider completes a TA Service and provides a draft Deliverable for the service, the Employer may review and request clarifications and/or revisions as needed, based on which the TA Provider will finalize the Deliverable with the Employer. The final Deliverable is what must be completed and provided to the Employer by the Services Completion

Date.

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A final Deliverable will be required and due to the Employer and TWC for each TA Service specified in the Agreement and the Task Order. The

Deliverable must address all of the required elements listed for each TA

Service provided as specified in Section 2.4 Technical Assistance

(TA) Services or a statement as to why that element is not applicable.

Title of Deliverable Due to TWC

TA Provider Profile Within ten (10) Business Days after Contract award

Employee Needs Assessment Within five (5) Business Days after issuance of the final version to Employer

Employer Feasibility and Cost

Analysis Study

Within five (5) Business Days after issuance of the final version to Employer

Options Analysis and

Recommendations Report

Within five (5) Business Days after issuance of the final version to Employer

Site Selection Report Within five (5) Business Days after issuance of the final version to Employer

Business Plan Within five (5) Business Days after issuance of the final version to Employer

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2.7. Payment Verification and Post-Completion Survey

2.7.1. Verification Required for TWC Payment

TWC will make payments to the TA Provider for each Employer-requested

TA Service that is (1) approved in the executed Task Order and (2) completed with the final Deliverable provided to the Employer by the

Services Completion Date in the approved Task Order.

Prior to payment:

2.7.1.1 The TA Provider must submit to TWC a copy of the final

Deliverable for each TA Service and a sufficient invoice complying with the requirements included in the Contract listing the specific TA

Service associated with that Deliverable.

2.7.1.2 TWC will verify in writing with the Employer that the Employer received the final Deliverable for the TA Service by the Services

Completion Date.

2.7.2. Post-Completion Survey

In addition to the Employer verification identified above, TWC will also conduct a follow-up survey with an Employer regarding the TA Service(s) completed. This survey may request comments about work performed by the TA Provider, Employer satisfaction, number of child care slots created, number of employees benefited, impact on the workforce, other benefits, and challenges.

This survey is not considered necessary for payment to be made to a TA

Provider; however, TWC, in its sole discretion, may assess the survey

26 RFP No. 3202600043 responses to determine if performance issues with a TA Provider exist and whether the awarded Contract should be terminated early. Through the compilation and review of survey responses and other feedback from

Employers, should TWC determine that there is a performance issue with a

TA Provider, TWC will exercise the option to terminate the Contract with the TA Provider for cause under Section 10.2 of Attachment 1 TWC

Terms and Conditions. Upon indication of two (2) Employers’ satisfaction concerns and/or complaints, TWC will notify TA Provider of failure to meet the Service Level Agreement and will assess the associated Service Level Credit. In addition, TWC will provide and review the survey responses and other feedback received with the TA Provider through a meeting. TA Provider will have thirty (30) days to cure performance after the meeting with TWC. If after thirty (30) days TWC receives two (2) additional Employers’ satisfaction concerns and/or complaints, the Contract will be terminated for breach pursuant to

Section 10.2 of Attachment 1 TWC Terms and Conditions.

2.8. Costs of Technical Assistance Services

Funding for the Technical Assistance Services will be based on pricing agreed upon in the TWC Contract awarded to the Successful Respondent for each available TA Service and is the maximum pricing allowed regardless of

Employer size, and is inclusive of all incidental costs, including travel.

Respondents to this RFP will complete Form 2 Cost Proposal as a part of their Proposal for TWC evaluation.

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ARTICLE III. GENERAL INFORMATION

3.1. Terms and Conditions

The Terms and Conditions identified in the Solicitation and attachments including 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 or more Contracts as a result of this Solicitation.

TWC anticipates that there will be significant Employer interest and intends to award multiple TA Provider Contracts to give Employers the ability to select a TA Provider that will fit their needs.

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

3.3. Contract Execution

If, for any reason, a Contract cannot be executed with a Respondent selected for award within thirty (30) days of TWC’s determination to seek to contract with that Respondent, TWC may negotiate a Contract with the next highest-scored Respondent or may withdraw, modify, or partially award this Solicitation.

3.4. Contract Term

The initial Contract Term will be approximately twenty-four (24) months and will commence on the fully executed Contract date. At the end of the initial Term, TWC will have the sole option to renew the term of the Contract for three (3) additional one (1) year terms.

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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.

3.5. 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.

3.6. Contract Amendments

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

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 Proposal is received from a governmental entity, TWC reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

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3.9. Offer Period

Proposals shall be binding for a period of one hundred and eighty days (180) after the submission due date. A Respondent may extend the time for which its Proposal will be honored upon request by TWC. Upon Contract execution, prices agreed upon by the Successful Respondent(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. Costs 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 Proposals, 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 Respondent, and will not be reimbursed in any manner by the State of Texas.

3.11. Public Information Act - Respondent Proposal

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 - Terms & Conditions, Section 2.4.

If Respondent asserts that information provided in its Proposal is exempt from disclosure under the Texas Public Information Act, Respondent must mark and submit two (2) separate, searchable Portable Document Format (PDF) copies (Original Proposal and “Public Information Act Copy,” including attachments, of the Original Proposal) as identified below. This copy is in addition to the original and all copies otherwise required under the provisions of this Solicitation).

a. Mark Original Proposal:

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1. Mark the top of the front page with the words “CONTAINS CONFIDENTIAL INFORMATION” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger);

2. Mark the bottom of each page that contains information that Respondent claims is exempt from public disclosure with the words

“CONTAINS CONFIDENTIAL INFORMATION”;

3. Identify, adjacent to each portion of the Proposal that Respondent claims is exempt from public disclosure, the claimed exemption from disclosure. Vague and general claims to confidentiality will not be acceptable (NOTE: no redactions are to be made in the Original Proposal).

b. Mark a separate Public Information Act Copy of Proposal:

1. Mark the copy at the top of the front page with “Public Information Act Copy” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger);

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

3. Identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required by this subsection (b) must be identical to the redactions identified in subsection (a)(3), above. The only difference in required markings and information between the Original Proposal and the “Public Information Act Copy” of the Proposal will be redactions, which can only be made in the “Public Information Act Copy.” There must be no redactions in the Original Proposal.

Respondent should not submit a Public Information Act Copy indicating that the entire Proposal is exempt from disclosure. Merely making a blanket claim that the entire Proposal is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable, and this blanket claim will not be considered by TWC.

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A Proposal should not be marked or asserted as copyrighted material. If Respondent asserts a copyright to any portion of its response, by submitting a Proposal, Respondent agrees to reproduction and posting on public websites by the State of Texas, including all other state agencies, without cost or liability and, additionally, agrees to allow the State of Texas to provide a copy of the Proposal to individuals making a Public Information Act request for the response.

TWC may, in its sole discretion (1) disqualify all Respondents that fail to fully comply with the requirements set forth in this section, or

(2) offer all Respondents that fail to fully comply with the requirements set forth in this section additional time to comply.

Submitting partial or incomplete information that suggests inclusion of confidential information constitutes failure to comply with the requirements set forth in this section.

3.12. Public Information Act – Contract Award

Within five (5) 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:

a. 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);

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

c. Successful Respondent must identify, adjacent to each redaction, 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 Proposal as required in Section 3.11.(a)(2) above. The only difference in required markings and information between the Original Contract and the “Public Information Act Copy” of the

32 RFP No. 3202600043 contract will be redactions, which can only be included in the “Public Information Act Copy.” There must be no redactions in the Original 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 & Conditions and Attachment 4 - Insurance Requirements.

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 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.

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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 Contract Manager 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.

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 or Financial Condition) may result in the Successful Respondent being assessed sanctions in the amount of five hundred dollars ($500) 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 - Terms and Conditions, Section 2.3 may result in the Successful Respondent being assessed sanctions in the amount of one thousand dollars ($1,000) per incident.

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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 - Terms & Conditions, Section

2.31 may result in the Successful Respondent being assessed Sanctions in the amount of one thousand dollars ($1,000) 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 - Terms & Conditions, Sections 2.15-2.17 or requested pursuant to Attachment 1 - Terms & Conditions, Section

2.39 may result in the Successful Respondent being assessed Sanctions in the amount of two thousand five hundred dollars - ($2,500) per day for each day the records/information are not produced, or answers are not provided.

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;

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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. All assessments of damages shall be within the sole discretion of TWC.

3.16.2. Liquidated Damages Assessment

Once TWC has determined that liquidated damages are to be assessed, TWC shall notify the Successful Respondent of the assessment(s). Upon receipt of written notice, the Successful Respondent will have 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.

TWC has the right to amend the corrective action plan submitted by the Successful Respondent. 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. Liquidated damages will not be assessed during the specified cure period for the activity in question. 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. The Successful Respondent must make payment within thirty (30) days of TWC’s demand. 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. 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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3.16.3. Specific Liquidated Damages

Failing to begin work within thirty (30) days of TWC’s approval of a Task Order may result in a Liquidated Damage of two percent (2%) of the total costs for the associated Task Order for each day.

3.17. Service Level Agreements and…