332-RFP26-1003 Page 1 of 32

Texas Department of Housing and Community Affairs

Request for Proposals 332-RFP26-1003 for

Employee Assistance Services By Texas Department of Housing and Community Affairs

Anticipated Schedule of Events RFP Issuance:

Written Questions Due by 2:00 PM:

Response to Questions Post:

Proposals Due by 2:00 PM:

Contract Execution:

Commencement of Work:

Date June 15, 2026 June 18,2026 June 23, 2026 July 06, 2026 Sept 1, 2026 Sept 1, 2026

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TABLE OF CONTENTS

PART I GENERAL INFORMATION

1.1 Introduction

1.2 Requested Services

1.3 Definitions and Acronyms

PART II SCOPE OF WORK

2.1 Service Description

2.2 Term of Contract

2.3 Limitation of Authority

PART III GENERAL INFORMATION

3.1 Authority

3.2 TDHCA Rights

3.3 Respondent Obligations

3.4 Successful Respondent Obligations

3.5 Schedule of Events

3.6 Issuing Office

3.7 Submission of Offers

3.8 Submission of Questions

3.9 Confidential Information; Nondisclosure; Open Records

3.10 Media Releases

3.11 Non-exclusivity

3.12 Incorporation of Exhibits

3.13 Transition of Services

3.14 Payment and Invoices

PART IV PROPOSAL FORMAT

4.1 Introduction

4.2 General Organization of Proposal Contents

PART V PROPOSAL EVALUATION AND SELECTION

5.1 Evaluation Process

5.2 Selection Criteria

5.3 Respondent’s Past Performance

5.4 Protest Procedures

EXHIBIT A TERMS AND CONDITIONS

EXHIBIT B EXECUTION OF PROPOSAL

EXHIBIT C VETHUB SUBCONTRACTING PLAN

EXHIBIT D NONDISCLOSURE AGREEMENT

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EXHIBIT E CONFLICT OF INTEREST STATEMENT

EXHIBIT F CERTIFICATION REGARDING PUBLIC NATURE OF THE PROPOSAL

EXHIBIT G VENDOR REFERENCE QUESTIONNAIRE

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PART I

GENERAL INFORMATION

1.1 Introduction

The Texas Department of Housing and Community Affairs ("TDHCA") was created pursuant to Chapter 762, Acts of the Seventy-second Legislature of the State of Texas, Regular Session, 1991, as designated in Chapter 2306, Government Code in part to increase the supply of affordable housing for low- and moderate-income Texans.

TDHCA is governed by a six-member Board appointed by the Governor with the advice and consent of the Senate serving staggered six-year terms with the terms of three directors expiring on January 31 of each odd-numbered year. Members may be re-appointed.

As a result of this RFP, the Department anticipates executing a contract with the Successful Respondent to perform the services and the contract, if any, resulting from it (the “Contract”). The time and number of Contracts resulting from this RFP and all procedures relating to such Contracts are within the discretion of the Department. Successful Respondent, as an independent contractor, shall provide services under the Contract, at its facilities and with its own personnel.

1.2 Requested Services

A. Texas Department of Housing and Community Affairs (TDHCA) is seeking bids from qualified firms for an Employee Assistance Program (EAP) in accordance with the Scope of Work specified in this Request for Proposal (RFP) to provide employee assistance services for TDHCA for Fiscal Year 2027. Service period:

09/01/2026 through 08/31/2027.

B. This program is intended to provide assistance for approximately 393 employees and cover individuals to assist them in dealing with personal issues that might adversely impact their work performance, health, and well-being. Covered employees shall include part-time, full-time, contract employees and severed employees (for a period up to six months). Covered individuals include dependents and individuals residing in the employee’s household.

1.3 Definitions and Acronyms

• Department. Texas Department of Housing and Community Affairs.

• CT. Central Time.

• Fiscal Year. The State of Texas and TDHCA’s fiscal year that begins on September 1 and ends on August 31.

• EAP. Employee assistance program

• RFP. Request for proposal

PART II

SCOPE OF WORK

2.1 Service Description

A. The EAP services to be provided include:

1. Assessment: Each employee/covered individual shall receive an assessment of needs as part of the initial counseling session. The selected vendor shall provide, at a minimum, the following types of assessments:

a. Substance Abuse

b. Crisis or emergency counseling

c. Grief Counseling

d. Post Treatment services

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e. If the assessment of the individual exceeds the boundaries of the vendor, referral to the best available resources for treatment, personal and financial needs, including but not limited to self-help groups, community groups, financial and legal advisors, physicians, public and private agencies, and in-patient and out-patient treatment facilities free of potential conflicts of interest will be provided by vendor.

2. Short-term Counseling: Vendor will provide counseling for minor problems on a short-term basis.

Vendor to provide consultation by phone or in person with a licensed attorney for most legal issues including civil issues, consumer issues, personal/family law, business legal issues, real estate and IRS matters.

3. Number of Counseling Sessions: During each contract fiscal year Vendor shall provide up to (5) five counseling sessions per person per problem for TDHCA employees and covered individuals.

4. Referral: Vendor will provide appropriate referrals to employees/covered individuals for services not covered under EAP or not provided by Vendor. Such services include, but are not limited to, psychiatric/medical services, psychological testing, substance abuse treatment, long-term psychotherapy, treatment for serious chronic conditions, inpatient or residential treatment, legal, complex financial or other non-psychological counseling. Referrals will be made to providers under employee’s/covered individual’s insurance, or to appropriate community resources. Vendor will not be responsible for any charges or fees the employee/covered individual incurs from such referrals. Vendor is not to charge any additional cost for services the Vendor provides.

5. Case Management: Vendor will provide limited case management for emergency situations or for management-referred employees whom Vendor has referred to outside resources for continued assessment and/or treatment. Vendor will provide information and referral to community resources for social services issues (legal concerns, child and elder care, budgeting and self-help groups, etc.).

6. Crisis Management: Vendor will provide a 24-hour Toll Free Crisis Hotline telephone number for emergencies, which is accessible within the United States for access by TDHCA employees and covered individuals.

7. Employee Orientations: Vendor is available to conduct, upon request, annual employee orientations to explain vendor’s EAP services. At these orientations, vendor shall distribute generic promotional brochures to encourage use of EAP services.

8. Training Sessions: Vendor shall provide quarterly EAP supervisory training sessions to assist managers in utilizing and encouraging use of EAP services as needed. Training for supervisors will include explanations of the EAP program, impact of behavioral problems on employee performance, and substance abuse information. Training and education would include but not be limited to: supervisory/manager training session to identify employees for referral; brochures, pamphlets and other informative literature;

improving and maintaining employee awareness and utilization, as well as evaluation and utilization reporting.

9. Personal and Professional Development: Vendor shall provide 3 hours per year of onsite training, webinar training, health/wellness fair participation or open enrollment participation. Additional training hours may be purchased. Customized training may also be purchased.

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10. Supervisory Consultation: Vendor shall periodically provide supervisory consultation regarding specific employee issues. This confidential consultation is intended to facilitate appropriate referrals to the EAP program.

11. Promotional Materials: Vendor shall periodically provide generic promotional materials electronically to encourage utilization of EAP services by TDHCA employees and covered individuals.

12. Newsletter: Vendor shall provide employee and supervisor newsletters on a monthly basis. The newsletters are separate and apart from promotional materials. The supervisor newsletter should include information specifically for supervisors that has questions and answers related to employee issues. The employee newsletter should provide information on social issues and how to deal with them, health-related issues, work-life balance information and information that is beneficial to employees.

13. Statistical Reports: Vendor shall provide quarterly and annual statistical reports of EAP utilization and other Vendor services furnished to TDHCA employees and covered individuals. These reports shall be in Vendors’ generic format and no employee or individual shall be identified.

14. Crisis Intervention: Vendor is available to TDHCA offices, currently located in Austin (2 locations), to provide a one-time per incident crisis intervention at the worksite(s) for traumatic events which affect the performance and attitude of the staff (e.g. death, or suicide of a co-worker, mass casualty incidents, layoffs, organizational change). In general, as little as four (4) hours advanced notice may be provided to the Vendor for this service.

15. Counselor Availability: Vendor EAP Counselors will be available during regular business hours for scheduled counseling sessions. Evening and Saturday appointments will be reasonably available in most offices upon advance scheduling. Vendor to provide EAP services for the following 12 areas of Texas:

Austin, Beaumont, Dallas/Fort Worth, El Paso, Lubbock, Houston, Longview, McAllen, San Antonio, Sherman, Tyler and Waco, Texas. Services are to be provided within 50 miles of each of these cities to accommodate field office personnel.

16. Supervisory Referrals: TDHCA’s supervisors may refer employees to the Vendor. Employees will be obligated to attend counseling sessions on paid TDHCA time. Such referrals will be conducted through TDHCA’s Human Resources Office, and the Vendor shall not disclose any diagnostic information to the supervisor or other TDHCA personnel without written consent of the employee. A supervisory referral is a positive and constructive attempt to improve the individual’s performance, is not punitive, and is a suggested resource only. The referred employee is informed by the supervisor after consultation with TDHCA’s Human Resources Office.

2.1.1 Minimum Requirements

A. The response must describe the Vendor’s qualifications to provide the requested products and/or services, and include the following:

1. Years in Business: Vendor must provide the number of years in business providing this type of service.

2. Experience: Vendor must provide the following information to describe the details of experience.

a. Description of the nature of the firm’s business: include a description of experience, competencies, and overall organizational capabilities.

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b. Corporate organization chart indicating key management team members.

c. Description of the firm’s capabilities to provide the requested products(s)/service(s).

d. Description of the project staff structure, the background, qualifications, and relevant experience of all staff involved in the project, including length of time at contractor; include the responsibilities that each staff member will have during the execution of this project.

e. Vendor to provide certified counselors, psychologists, alcohol and drug abuse counselors, and licensed professional counselors. Minimum education for EAP counselors and psychologists must be either a Master’s Degree in Social Work or Master’s Degree in Psychology either in counseling or clinical studies.

f. Vendor to provide a list of hotline operators and qualifications of each operator.

g. Vendor to provide a list of programs and training offered to employees/dependents.

h. Overview of approach and description of methodology to be used.

3. Field Offices: Vendor to provide a listing of all the offices located in Austin, El Paso, and Pharr, Texas. Also, provide a listing of additional offices that are located within a 50-mile radius of the following 12 areas of Texas: Austin, Beaumont, Dallas/Fort Worth, El Paso, Lubbock, Houston, Longview, McAllen, San Antonio, Sherman, Tyler and Waco, Texas.

4. References: The proposer must provide three (3) independent references from three (3) different projects of similar scope, nature, and complexity to that requested by TDHCA. TDHCA prefers governmental entity references. Each of the references must include the following information:

a. Entity Name

b. Industry Type

c. Address, City, Province/State/Country

d. Contact Name, Title, Phone Number, and Email address

e. Year(s) service(s) provided

f. Comments (include details regarding the current status of the product/service provide by proposer.)

5. Cost/Pricing: Vendor to provide pricing in the blanks below.

Cost per Employee $ (a) ________________

397 Employees X $ (a) ___________ = Total per Month $ (b)______________

Monthly Price $ (b) ___________ X 12 Months = Annual Cost $ (c)_____________

I. Response to Scope of Work

A. Responses must be clear, thorough, concise and written in plain, easy to understand language. Bids must contain a response to each item listed under Section III. Response Content (A.1 through A.5) in that order.

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II. Scoring Criteria

A. Bid responses will be scored by the following (total points possible = 100):

Number of Years providing this type of service 20 points Experience of Staff 20 points Ability to Accommodate Field Office Personnel 10 points References 10 points Cost 40 points TOTAL POSSIBLE SCORE 100 points

III. General Information

Additional information regarding proposal may be obtained from Suzanne Saucedo at TDHCA. Any attempt to obtain information from staff other than Suzanne Saucedo is prohibited and any violation of this policy will be considered a basis for disqualification. All questions or requests for clarification of this solicitation must be submitted in writing through the e-procurement portal, use the “Ask Questions” button in the e-procurement portal. Questions will be collected by the due date specified in Section 3.5. Questions must be submitted no later than the date and time listed in Section 3.5. TDHCA will post all questions and answers as an Addendum to the solicitation on the ESBD no later than the date listed in Section III, Subsection 3.5 above.

The Respondent is responsible for viewing these questions and answers in TDHCA e-Procurement Portal. The link is found at: https://tdhca-texasgov.bonfirehub.com/portal/?tab=openOpportunities TDHCA is not required to send a notification email when the Addendum is posted.

IV. Renewals/Cancellations/Additions

A. Good Faith Effort: In accordance with the Texas Government Code, Chapter 2161, Subchapter F, § 2161.251 all contracts with expected value of at least $100,000 including goods, services, public construction (excepting federally funded contracts if federal law prohibits application) must include a Historically Underutilized Business (HUB) Subcontracting Plan.

B. Renewals: The term of this contract shall begin approximately on September 1, 2026 and shall terminate on

August 31, 2027 unless otherwise terminated sooner as provided by this contract. Additionally, this contract may be renewed with consent of both parties, for three (3) additional 12-month periods.

C. Public Information: Notwithstanding any provision of this contract to the contrary, Vendor understands that

TDHCA will comply with the Texas Public Information Act, Government Code, Chapter 552 as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. TDHCA agrees to notify Vendor in writing promptly from receipt of a request for information related to Vendor’s work under this contract.

Vendor will cooperate with TDHCA in the production of documents responsive to the request. TDHCA will make a determination whether to submit a Public Information Act request to the Attorney General. Vendor will notify TDHCA General Counsel within twenty-four (24) hours of receipt of any third-party requests for information that was provided by the State of Texas for use in performing the contract, or generated by the vendor in performing its duties under this contract. This contract and all data and other information generated or otherwise obtained in its performance may be subject to the Texas Public Information Act. Vendor agrees to maintain the confidentiality of information received from the State of Texas during the performance of this contract, including information which discloses confidential personal information particularly, but not limited to, social security numbers.

D. Funding Out: (Required if a purchase or service transcends a biennium.) This contract is subject to cancellation, without penalty, either in whole or in part, if funds are not appropriated by the Texas Legislature.

https://tdhca-texasgov.bonfirehub.com/portal/?tab=openOpportunities

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E. Excess Obligations: The General Appropriations Bill, Article IX, Section 6.04 prohibits an ordering entity to incur an obligation in excess of the amounts appropriated for the respective objects or purpose.

F. Pricing Escalation: The pricing on this contract may be increased but shall not exceed _______% over the previous period. NOTE: This will be included in the overall bid evaluation.

G. Authorized Relief from Performance (Force Majeure): TDHCA may grant relief from performance of the contract if the vendor is prevented from compliance and performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the contractor. The burden of proof for the need of such relief shall rest upon the vendor. To obtain release based on Force Majeure, the vendor must file a written request with the TDHCA.

H. Additional Categories: Additional categories may be added to the contract at bid rates for equivalent categories and under the same terms and conditions of the existing contract. Categories will be prorated according to the period of coverage. The CAP for adding categories is 12% of the contract value.

I. Service Adjustment/Contingency Requirements: The State envisions the necessity from time to time to incur additional changes against this contract to be considered “Service Adjustments/Contingency Requirements” (SACR). This is to include any service recognized to be needed to accommodate unforeseen occurrences. This SACR shall not exceed 10% of the total estimated cost by the awarded vendor.

J. Acceptance of Funds: Vendor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor’s Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Vendor further agrees to cooperate fully with the State Auditor’s Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contract will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contract and the requirement to cooperate is included in any subcontract awards.

K. Cancellation: TDHCA reserves the right to accept or reject any (or all) bids submitted under this Request for

Proposal. The information contained in this Request for Proposal is intended to serve only as a general description of the services sought by TDHCA. In releasing this bid, TDHCA is not obligated to proceed with any action, and may decide it is in TDHCA’s best interest to discontinue consideration of services. TDHCA reserves the right, with 30 days written notice, to cancel any contract awarded under the terms of this RFP.

TDHCA Terms and Conditions (Exhibit A Separate Document)

2.2 Term of Contract

If a Contract is awarded, the initial term of the Contract is expected to begin September 1, 2026, or as soon thereafter as practical, and to terminate August 31, 2027. In accordance with the terms of the Contract, the Department has the option, in its sole discretion, to renew the contract for three (3) additional one (1) year periods.

A Contract awarded under this RFP, if any, shall incorporate this entire RFP. The Department reserves the right, in its sole discretion, to make a contract award without negotiation of these provisions. In the event the Department requires negotiations with Respondents, any modifications or clarifications agreed to with Successful Respondent during contract negotiations shall also be incorporated into the final, executed Contract. Each Respondent must review these terms and conditions in Exhibit A and otherwise in this RFP and must address any concerns or issues in its transmittal letter. Terms and conditions not specifically objected to in the transmittal letter will be deemed to be accepted by Respondent. The Department has final approval of any contract awarded as a result of this RFP.

2.3 Limitation of Authority

Successful Respondent shall have no authority to act for or on behalf of the Department, or the State of Texas except as expressly provided for in the Contract; no other authority, power, use, or joint enterprise is granted or implied. Successful

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Respondent may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of the Department or State of Texas.

PART III

GENERAL INFORMATION

3.1 Authority

This RFP is issued pursuant to Chapter 2155, Section 2155.001; Section 403.011; and Chapter 2156, Section 2156.121, of the Texas Government Code.

3.2 TDHCA Rights

In the best interest of the Department and the State, the Department, in its sole discretion, may amend or modify any provisions of this RFP, or withdraw this RFP at any time prior to award of a Contract. The Department reserves the right, in its sole discretion, to reject any or all submitted Proposals or to select one or more qualified Respondents to this RFP without discussion of Proposals with the respective Respondents. The decision of the Department, or its designee with regard to the above, shall be administratively final. The Department, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in Proposals received. All Proposals shall become a part of the Department’s official procurement files and may be available for public inspection upon request after the Procurement process is completed.

3.3 Respondent Obligations

Respondents to this RFP are responsible for any expense related to the preparation and submission of a Proposal. The Department shall not pay for any cost that is incurred by Successful Respondent prior to the effective date of the Contract.

Qualified firms with the requisite experience are invited to submit Proposals in accordance with this RFP. Proposals must address all requirements and/or specifications.

3.4 Successful Respondent Obligations

The Department shall look solely to Successful Respondent for performance of the Contract. Successful Respondent shall provide the requested services under the direction of the Department. Successful Respondent shall be the sole point of Contract responsibility. Successful Respondent shall be liable, both individually and severally, for the performance of all obligations under the awarded Contract and shall not be relieved of the non-performance of any subcontractor.

3.5 Schedule of Events

The Department anticipates that the selection of Successful Respondent and execution of the Contract, if any, will proceed according to the following approximate schedule:

June 15, 2026 - Issuance of RFP (after 10:00 a.m. CT)

June 18, 2026 - Deadline for Submission of Questions (2:00 p.m. CT)

June 23, 2026 - Electronic Posting of Official Responses to Questions (or as soon thereafter as practical)

July 6, 2026 - Deadline for Submission of Proposals (2:00 p.m. CT) (Late Proposals will not be considered)

September 1, 2026 - Contract Execution (or as soon thereafter as practical)

September 1, 2026 - Commencement of Work (or as soon thereafter as practical)

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The times stated in this document refer to Central Time (“CT”), Austin, Texas, where appropriate. The Department’s regular office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except national and official State of Texas holidays. All deadlines are subject to change at the Department’s sole discretion.

Notices of changes to items directly impacting the original RFP or proposal process will be posted on the ESBD at:

http://www.txsmartbuy.com/esbd. Any amendment to this solicitation will be posted as an addendum on the ESBD. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a Proposal. Respondent’s failure to periodically check the ESBD for updates will in no way release Successful Respondent from compliance with any requirements in the “addenda or additional information,” even if such compliance results in additional costs to meet the requirements.

3.6 Issuing Office

The Department, through its purchasing section, shall act as and be referred to as the “Issuing Office” and shall be the sole point of contact for this RFP. The Department is the only office authorized to clarify, modify, amend, alter, or withdraw the specifications, terms, and conditions of this RFP and any Contract awarded as a result of this RFP. Upon issuance of this RFP, other employees and representatives of the Department shall not answer questions or otherwise discuss the contents of this RFP with any Offerors or their representatives. Failure to observe this restriction may result in disqualification of any pending or subsequent Offer. This restriction does not preclude discussions unrelated to this RFP or questions relating to completing the Vet HUB Subcontracting plan (“HUB”) documents required in Section 4.2.M of this RFP.

Vet-HUB Coordinator Email: Suzanne.Saucedo@tdhca.texas.gov

Assistant Vet-HUB Coordinator

Email: Cheryl.Mathis@tdhca.texas.gov

3.7 Submission of Offers

TDHCA has an e-Procurement Portal that will accept submission of the electronic response to this solicitation.

Submission Instructions are as follows: Respondent shall upload response content using the TDHCA e-Procurement Portal. The link is found at: https://tdhca-texas-gov.bonfirehub.com/portal/?tab=openOpportunities VENDOR REGISTRATION is required prior to submitting your response. Respondents must register in the e-Procurement Portal.

Registration is free and easy! You can vendor register through the Register button in the top right corner.

Vendor Registration will allow Respondents to submit their responses to this solicitation. When registering, have your Texas Vendor ID number, DUNS, and W-9 form ready. If the Texas ID number is unknown, enter the Federal Employer Identification Number. Respondents can modify their submissions until the Response Due Date in the e-Procurement Portal. Emailed, or faxed Responses will not be considered. Interested Respondents are encouraged to register in advance and submit their intent to bid notification (if requested) on the e-Procurement Portal.

This article is helpful if assistance is needed when registering as a vendor: https://procurement-help.eunasolutions.com/hc/en-us/articles/48578098573587-Vendor-Registration

The TDHCA e-Procurement Portal is compatible with the following browsers: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Browser cookies and JavaScript must be enabled on the browser. Submission by other methods will not be accepted. Respondents should contact Bonfire at support.procurement@eunasolutions.com for technical submission questions or visit Bonfire’s help forum at this linkhttps://procurement-help.eunasolutions.com/hc/en-us Support through Bonfire or TDHCA is not guaranteed one hour prior to the submission due date. Interested Respondents are encouraged to begin the submission process one week before the bid due date. This allows time to troubleshoot any submission issues.

3.8 Submission of Questions

All questions or requests for clarification of this solicitation must be submitted in writing through the e-procurement portal, use the “Ask Questions” button in the e-procurement portal. Questions will be collected by the due date specified in http://www.txsmartbuy.com/esbd mailto:Suzanne.Saucedo@tdhca.texas.gov mailto:Cheryl.Mathis@tdhca.texas.gov https://tdhca-texas-gov.bonfirehub.com/portal/?tab=openOpportunities https://procurement-help.eunasolutions.com/hc/en-us/articles/48578098573587-Vendor-Registration https://procurement-help.eunasolutions.com/hc/en-us/articles/48578098573587-Vendor-Registration mailto:support.procurement@eunasolutions.com https://procurement-help.eunasolutions.com/hc/en-us

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Section 3.5. Questions must be submitted no later than the date and time listed in Section 3.5. TDHCA will post all questions and answers as an Addendum to the solicitation on the ESBD no later than the date listed in Section III, Subsection

3.5 above. The Respondent is responsible for viewing these questions and answers in TDHCA e-Procurement Portal. The link is found at: https://tdhca-texasgov.bonfirehub.com/portal/?tab=openOpportunities TDHCA is not required to send a notification email when the Addendum is posted.

3.9 Confidential Information; Nondisclosure; Open Records

All information gathered, produced, derived, obtained, analyzed, controlled or accessed by Respondent in connection with a contract resulting from this RFP (“Confidential Information”) shall be and remain Confidential Information and shall not be released or disclosed by Respondent without the prior written consent of the Department. Such consent must specifically identify the Confidential Information allowed to be disclosed by Respondent and the nature of the disclosure allowed.

Respondent must execute and return with its Proposal a Nondisclosure Agreement with the Department, in the form of Exhibit E attached hereto.

Following the award of a Contract, Proposals are subject to release as public information unless the Proposal or specific parts of the Proposal can be shown to be exempt from the Texas Public Information Act. All Respondents are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information disclosed in their Proposals. The Department assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents.

If a Respondent believes that any portion of a Proposal is confidential, then Respondent must so specify. Respondent must stamp in bold red letters the term “CONFIDENTIAL” on that specific part or page of the Proposal that Respondent believes to be confidential. Respondent must submit in writing specific, detailed reasons, including any relevant legal authority, stating why Respondent believes the material to be confidential. Vague and general claims of confidentiality will not be accepted. The Department will be the sole judge of whether a claim is general and/or vague in nature. All Proposals and parts of Proposals that are not marked as confidential will be automatically considered public information after the contract is awarded. A Proposal resulting in an award may be considered public information even though parts are marked confidential.

In the event the Department receives portions of a Proposal marked “CONFIDENTIAL” as specified above, the Department shall forward such request to the Office of the Attorney General of Texas (“Attorney General”) for an opinion on whether such information may be withheld from disclosure under the Texas Public Information Act. The Department will notify Respondent whose Proposal is the subject of the request when the information is forwarded to the Attorney General. The Department assumes no obligation for asserting legal arguments on behalf of Respondent. Respondents are advised that the Department is obligated to comply with the decision of the Attorney General, including any decision calling for the release of information marked “CONFIDENTIAL” by a Respondent.

Copyrighted Proposals are unacceptable and are subject to disqualification as non-responsive.

3.10 Media Releases

The Department does not endorse any vendor, commodity, or service. Media releases pertaining to this RFP, the Contract, if any, or the services to which they relate shall not be made without the prior written consent of the Department. The disclosure of the contents of Proposals prior to the award of the Contract, if any, or any other violation of this section, may result in disqualification.

3.11 Non-exclusivity

This RFP is not exclusive, and the Department reserves the right to issue additional solicitations regarding the services described in this RFP or similar services at any time.

3.12 Incorporation of Exhibits

Exhibits A, B, C, D, E, F and G are attached hereto and incorporated as part of this RFP for all purposes.

https://tdhca-texasgov.bonfirehub.com/portal/?tab=openOpportunities

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3.13 Transition of Services

Upon termination of the Contract for any reason, the contractor shall, in good faith and with reasonable cooperation, aid in the transition to any new arrangement and provider. The Contractor shall deliver to the Department or its’ new contractor all completed, or partially completed, work and any and all documentation or other products and results of these services.

3.14 Payment and Invoices

Contractor’s total compensation under this Contract shall not exceed the pricing set forth in the proposal unless agreed upon by both parties. Contractor shall be required to submit detailed invoices to support payments. The invoice should include the Purchase Order number or the Contract number and a complete description of services provided. Also the vendor should list the dates of services. Contractor’s invoices must be complete with reasonable supporting documentation and submitted within fifteen (15) calendar days after month end for Services provided in the preceding month.

In submitting an invoice to the Department, Contractor certifies to the following: that the invoice has been carefully reviewed for detailed description of the Services performed; that the Services have been performed in compliance with this Contract; that the amount of the invoice and all previous invoices together do not exceed the contractual cap of the Contract or Contractor’s negotiated fees; that the charges and expenses shown on the invoices are reasonable and necessary; and that all appropriate and required supporting documentation is attached. The Department may, in its sole discretion, require additional documentation to support payment and Contractor shall respond to any such requests within five (5) business days of receipt.

Payment shall be made in accordance with Texas Prompt Payment Act, Chapter 2251 of the Texas Government Code. The Department shall not pay any amounts for any purpose to Contractor or any other entity, except as expressly provided for in this Contract. The Department reserves the right to make payments only upon receipt of a correct invoice, including all of the required supporting documentation. The Department also reserves the right to refuse payments for invoices that exceed the rates specified in this Contract or if the Department disputes an invoice in writing for Services that were not provided in a satisfactory manner.

PART IV

PROPOSAL FORMAT

4.1 Introduction

Proposals must be organized as described in Section 4.2. Proposals not organized in this manner may be subject to disqualification. Conciseness and clarity of content are required; vague and general Proposals may be considered non-responsive, which may result in disqualification of such Proposals. Proposals must be complete; failure to provide all required information may result in the disqualification of the Proposal.

ALL EXHIBITS TO THIS RFP ARE PREPARED EXCLUSIVELY FOR THIS RFP. RESPONDENT’S

SUBMISSION OF OTHER EXHIBITS OR DOCUMENTS, INCLUDING PRIOR RFP EXHIBITS, MAY RESULT

IN DISQUALIFICATION OF THE PROPOSAL.

4.2 General Organization of Proposal Contents

Proposals must be organized as follows: This section can be updated per solicitation needs

a) Transmittal Letter;

b) Executive Summary;

c) Table of Contents;

d) Respondent Identifying Information;

e) Proposed Subcontractor(s) Identifying Information;

f) Respondent Qualifications and Experience;

g) Proposed Personnel;

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h) Respondent Narrative and Preliminary Work Plan;

i) Proposed Fee;

j) Insurance;

k) Financial Statements;

l) Execution of Proposal;

m) Historically Underutilized Businesses Subcontracting Plan;

n) Criminal Conviction Certification;

o) Nondisclosure Agreement;

p) Conflict of Interest Statement;

q) Certification Regarding Public Nature of the Proposal; and

r) Vendor Reference Questionnaire.

A description of the information required for each of the items listed above is set forth below.

4.2.A Transmittal Letter

Respondent must submit a transmittal letter that identifies the entity submitting the Proposal and includes a commitment by that entity to provide the services required by the Department. The transmittal letter must state that the Proposal is valid for ninety days (90) days from the deadline for delivery of Proposals to the Department. Any Proposal containing a term of less than ninety days (90) days for acceptance from this deadline will be rejected as non-responsive.

The transmittal letter must be signed by a person legally authorized to bind Respondent. Respondent also must indicate in its transmittal letter why it believes it is the most qualified to provide the requisite services and why it believes its proposed services best meet the Department’s objectives and RFP requirements.

The transmittal letter must include a statement of acceptance of the terms and conditions located in Exhibit A to the RFP. If a Respondent takes exception to any of the proposed terms and conditions, Respondent must identify the exception(s) specifically and clearly in the transmittal letter and explain both (1) the reason for the requested change and (2) proposed alternative language. Failure to accept the terms and conditions as set forth in Exhibit A may result in disqualification of the Proposal.

4.2.B Executive Summary

Respondent must provide an executive summary of its Proposal and a representation that the Proposal addresses all of the requirements of this RFP. The executive summary must not exceed three (3) pages and must represent a full and concise summary of the contents of the Proposal. Respondent must identify any services that are provided beyond those specifically requested. If Respondent is providing services that do not meet the specific requirements of this RFP but in the opinion of Respondent are equivalent or superior to those specifically requested, any such differences must be noted in the executive summary. Failure to provide the services specifically required may result in disqualification of the Proposal.

4.2.C Table of Contents

Each Proposal must be submitted with a table of contents that clearly identifies and denotes by page number each section of the Proposal and the location of all enclosures of the Proposal. The table of contents must follow the RFP’s structure as much as possible.

4.2.D Respondent Identifying Information

Respondent must provide the following identifying information: This section may change per solicitation needs.

• name and address of business entity submitting the proposal;

• names of all principals;

• type of business entity (e.g., corporation, partnership, etc.);

• state of incorporation or organization and principal place of business;

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• name and location of Texas offices, other major offices, and other facilities that relate to Respondent’s performance under this RFP;

• name, address, business telephone number, cell phone number, email address, and fax number of Respondent’s principal contact person regarding the Contract;

• Respondent’s Federal Employer Identification Number (“FEIN” or “EIN”) and Texas Tax Identification/Registration Number, if any;

• all affiliated companies and subsidiaries, or any joint ventures or other affiliations;

• full name and address for each member, partner, and employee of Respondent (and any subcontractors) who will perform services;

• detail if respondent, any predecessor of respondent, or any member of respondent been the subject of any disciplinary action by any regulatory agency or professional organization within the last five (5) years;

• detail of any firm ownership changes which have occurred in the last five (5) years, including changes pending;

• detail whether, within the last five years, respondent, any predecessor of respondent, or any member of respondent has been a party to any litigation directly or indirectly related to the conduct of respondent’s business; and

• indicate whether respondent, any predecessor of respondent, or any member of respondent is currently a party to litigation in process; if so, identify the parties, jurisdiction, case number, and subject matter.

4.2.E Proposed Subcontractor(s) Identifying Information

The Proposal must identify any subcontractors and outline the contractual relationship between Respondent and each proposed subcontractor. The Respondent is solely responsible for any proposed subcontractor’s work performed under any contract resulting from this RFP.

4.2.F Respondent Qualifications and Experience

1. Experience

Respondent must include a detailed overview of Respondent’s experience providing the requisite services in its Proposal. Respondent must demonstrate its knowledge of and experience with activities relevant to the services.

Respondent must provide a detailed profile that describes the following:

(1) the size and scope of all operations, including number of Respondent’s employees and years in business;

(2) the general nature of previous similar work performed by Respondent, particularly work in the last three (3) years;

(3) Respondent’s depth and length of experience with state agencies;

(4) Respondent’s experience in the required services;

(5) for each proposed subcontractor:

a) the size and scope of all operations, including number of employees and years in business;

b) the general nature of previous similar work performed, particularly work in the last three (3) years;

c) depth and length of experience with state agencies; and

(6) Respondent should also describe any disaster recovery plan in place to maintain business operations;

and

(7) any other information Respondent believes is pertinent to this RFP.

2. Cancellations or Terminations

Respondent must list all contracts or purchase orders that Respondent executed or accepted within the last three

(3) years and which were canceled or terminated prior to completion by any state agency or other entity with which Respondent contracted. For each such contract or purchase order, Respondent must include a detailed explanation for the cancellation or termination and final resolution of the matter as well as the names and telephone numbers of each such agency's or firm’s contact person. If none, specify none.

4.2.G Proposed Personnel

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The Proposal must identify all key personnel who are to be part of the proposed team and detail their experience. Respondent must include in the Proposal resumes of all management, supervisory, and key personnel that will be involved in performing the services, and must provide for each person:

• a full name (including full middle name);

• a five (5) year employment history;

• a specific description of relevant experience and skills that person has with the required services, that must include at least three (3) years of experience performing work similar to the required services (limit to one page);

• professional certifications and licenses, if applicable

• a specific indication of what role the individual will have in this project; and

• any additional pertinent information to indicate the individual's ability to aid Respondent in successfully completing the required services (limit to one page).

In addition, Respondent must provide an organizational chart indicating lines of authority, names, titles, and functions of individuals responsible for the services.

Resumes must present the required personnel information in sufficient detail to provide the Department with a convincing indication that the personnel involved can successfully provide the required Services. The personnel, as identified in the Proposal, are considered to be essential to the Services. The Department reserves the right, in its sole discretion, to approve each member of the team and to request substitutions. All replacements of personnel must be of equal or superior experience or skill as the person replaced.

4.2.H Respondent Narrative and Preliminary Work Plan

In its Proposal, Respondent must submit a narrative explanation of how the offered services will meet the requirements of this RFP. In its narrative, Respondent may also concisely describe any additional features, aspects, or advantages of its services in any relevant area not covered elsewhere in its Proposal.

4.2.I Proposed Fee

The Department is soliciting proposals to procure the services for a firm, fixed price. Respondents are encouraged to propose their best pricing at all times. Respondent must include all costs of providing the services on a price sheet similar in format to the price sheet located in Section 2.1.1 Part 5. All costs and expenses associated with the services, including attendance at, and participation in, all meetings as requested by the Department, must be included on the proposed price sheet. Variable costs such as travel-related expenses must not be added as line items on the price sheet. The Department reserves the right to negotiate budget and budgetary constraints at the time of contract award. Any Contract resulting from this RFP shall include a total not-to-exceed fee for all costs associated with providing the services.

4.2.J Insurance

Respondent must provide a statement of its intent to obtain and maintain for the term of the Contract the minimum insurance specified in the RFP. Respondent should also describe insurance maintained by Respondent in the ordinary course of business and provide proof of same in its Proposal. Proof of insurance and bond coverage may be provided in the form of current certificates of insurance.

4.2.K Financial Statements- N/A

In its Proposal, Respondent and its parent company, if applicable, must provide evidence of financial stability by providing audited financial statements for each of the last two (2) years of Respondent’s operations or, in the alternative, financial statements compiled, reviewed and attested by an independent certified public accountant or certified public accounting firm.

In lieu of providing financial statements in its Proposal, a Respondent may provide a statement regarding the Respondent’s financial stability and viability to perform under any resulting contract. If Respondent elects this approach rather than

332-RFP26-1003 Page 17 of 32 audited financial statements, the Respondent must submit a statement, with appropriate supporting documentation, sufficiently detailed to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this RFP.

4.2.L Execution of Proposal

Exhibit B must be completed and signed by Respondent.

4.2.M VetHUB (Veteran Heroes United in Business Subcontracting Plan)

The State of Texas and the Department are committed to assisting Veteran Heroes United in Business (VetHUBs) through the procurement process. In accordance with Sections 2161.181 and 2161.182, Texas Government Code, each state agency shall make a good faith effort to increase the contract awards for the purchase of goods or services to VetHUBs based on rules adopted to implement the disparity study described by Section 2161.002(c), Texas Government Code. In accordance with Section 2161.252, Texas Government Code and 34 Texas Administrative Code §20.285, each state agency (including institutions of higher education) as defined by Section 2151.002, Texas Government Code that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. If subcontracting opportunities are probable, each state agency’s invitation for bids or other purchase solicitation documents for construction, professional services, other services, and commodities with an expected value of $100,000 or more shall state that probability and require a VetHUB Subcontracting Plan (HSP) and supporting documentation. (Exhibit C)

The VetHUB goals per 34 Texas Administrative Code §20.284 are: 3% for heavy construction other than building contracts;

3% for all building construction, including general contractors and operative builders contracts; 3% for all special trade construction contracts; 3% for professional services contracts; 5% for all other services contracts; and 10% for commodities contracts.

The Department has determined that this procurement falls under the following category:

Special Trade Construction ___ Professional Services Other Services X Commodities ___

The Department has determined that HUB subcontracting opportunities are probable and requires Respondents to complete the HSP form located at: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php. The HSP form is also posted to the ESBD as a separate package under this RFP.