332-RFP26-1004 Page 1 of 26

Texas Department of Housing and Community Affairs

Request for Proposals 332-RFP26-1004 for

Qualified Allocation Plan (QAP) Copy & Editing Services By Texas Department of Housing and Community Affairs

Anticipated Schedule of Events Date RFP Issuance: March 02, 2026 Written Questions Due: March 11, 2026 Response to Questions Post: March 13, 2026 Proposals Due: March 27, 2026 Contract Execution: May 1, 2026

Commencement of Work: May 17, 2026

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TABLE OF CONTENTS

PART I GENERAL INFORMATION

1.1 Introduction

1.2 Background

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 B EXECUTION OF PROPOSAL

EXHIBIT D NONDISCLOSURE AGREEMENT

EXHIBIT E CONFLICT OF INTEREST STATEMENT

EXHIBIT F CERTIFICATION REGARDING PUBLIC NATURE OF THE PROPOSAL

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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. The Texas Department of Housing and Community Affairs ("TDHCA") is governed by a six-member board appointed by the Governor and administered by the Executive Director.

As a result of this RFP, the Texas Department of Housing and Community Affairs ("TDHCA") 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 Texas Department of Housing and Community Affairs ("TDHCA"). Successful Respondent, as an independent contractor, shall provide services under the Contract, at its facilities and with its own personnel.

1.2 Background

A. Multifamily Affordable Housing Program Among other statutory duties, the Texas Department of Housing and Community Affairs ("TDHCA") is assigned responsibility for providing financing and other assistance through various state and federal programs for the construction and rehabilitation of multifamily affordable housing in Texas.

Specifically, the Texas Department of Housing and Community Affairs ("TDHCA") administers the following programs:

• Neighborhood Stabilization Program (“NSP-CDBG”)

• HOME Investment Partnership Program (“HOME”) under 24 CFR Part 92,

• National Housing Trust Fund (“NHTF”) under 24 CFR Part 93,

• Tax Credit Assistance Program – Repayment Funds (“TCAP-RF”),

• HOME Investment Partnerships American Rescue Plan Program (“HOME-ARP”)

• Low-Income Housing Tax Credit (LIHTC) Program

B. Qualified Allocation Plan (QAP)

The Qualified Allocation Plan (QAP) establishes rules, priorities, and eligibility requirements for awarding Low-Income Housing Tax Credits and certain other multifamily funding programs. The Texas Department of Housing and Community Affairs ("TDHCA") updates the QAP annually.

The Qualified Allocation Plan (QAP) is a document created by state-level Housing Finance Agencies for the purpose of providing thorough information on rules, priorities, and eligibility requirements for awarding Low-Income Housing Tax Credits to developers.

Some provisions of Texas’ QAP also apply to the other programs mentioned above. Each state’s Housing Finance Agency has its own unique QAP, which is influenced by the priorities and interests of their state. The information in the QAP outlines deadlines, scoring items, and required documentation for proposed affordable housing projects.

The QAP contains information for the following LIHTC programs: Non-Competitive 4% tax credits, Competitive 9% tax credits, State Housing Tax Credits, and the Texas Department of Housing and Community Affairs ("TDHCA")’ various Direct Loan programs. Multifamily developments funded through these programs often must comply with long-term rent and income restrictions and are subject to a range of federal crosscutting requirements.

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PART II

SCOPE OF WORK

2.1 Service Description

TDHCA seeks a qualified copy editor to improve the accuracy, readability, clarity, and consistency of the QAP.

The Successful Respondent shall provide the services described in this Section in full compliance with the requirements of this RFP and any resulting Contract. Any deviation from the requirements of this RFP must be approved in writing by the TDHCA prior to implementation.

Services must be performed in a manner that supports the State of Texas best value standard in accordance with Texas Government Code §2155.074 and the State of Texas Procurement and Contract Management Guide.

TDHCA reserves the right to negotiate with one or more Respondents and to make one award, multiple awards, or no award, as determined to be in the best interests of the State of Texas. The Successful Respondent must maintain the qualifications, staffing, capacity, and resources necessary to perform all required services throughout the term of the Contract.

2.1.2 Services to be Provided

The Texas Department of Housing and Community Affairs ("TDHCA") is seeking one qualified copy editor to represent the Texas Department of Housing and Community Affairs ("TDHCA") interests by improving the accuracy, readability, and consistency of its Qualified Allocation Plan.

The copy editor must demonstrate expertise in affordable housing programs and will preferably have experience performing similar copy editing for other States’ Qualified Allocation Plans.

The successful copy editor must be able to demonstrate a capacity to respond quickly and effectively to comments from the Texas Department of Housing and Community Affairs ("TDHCA") Staff to accomplish the Department’s goals for the Qualified Allocation Plan.

The selected Respondent will provide professional copy-editing services for the Texas Department of Housing and Community Affairs ("TDHCA") Qualified Allocation Plan and related materials.

Services include, but are not limited to:

1. Editing existing QAP for accuracy, clarity, consistency, grammar, and readability

2. Ensuring consistent terminology and formatting

3. Reviewing cross-references and internal citations

4. Identifying ambiguities or inconsistencies for staff review

5. Incorporating the Texas Department of Housing and Community Affairs ("TDHCA") comments and revisions as needed within contractually specified timelines

6. All Drafting and assisting staff as necessary through ONE (1) QAP cycle

a. Draft QAP

b. Proposed Rule Version

c. Adopted Final Version

d. Strike-through/redline Versions

e. Final publication readiness

2.1.1 Minimum Requirements

Respondent must demonstrate:

• Knowledge of affordable housing programs

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• Familiarity with LIHTC terminology

• Experience editing complex regulatory or policy documents for other State HFAs

Preference may be given to Respondents with prior QAP editing experience.

2.2 Term of Contract

If a Contract is awarded, the initial term of the Contract is expected to begin May 17, 2026, or as soon thereafter as practical, and to terminate August 31, 2026. In accordance with the terms of the Contract, the Texas Department of Housing and Community Affairs ("TDHCA") has the option, in its sole discretion, to renew the contract for two (2) additional one (1) year periods through August 31, 2028.

A Contract awarded under this RFP, if any, shall incorporate this entire RFP. The Texas Department of Housing and Community Affairs ("TDHCA") reserves the right, in its sole discretion, to make a contract award without negotiation of these provisions. In the event the Texas Department of Housing and Community Affairs ("TDHCA") 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 Texas Department of Housing and Community Affairs ("TDHCA") 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 Texas Department of Housing and Community Affairs ("TDHCA"), 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 Respondent may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of the Texas Department of Housing and Community Affairs ("TDHCA") or State of Texas.

PART III

GENERAL INFORMATION

3.1 Authority

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

3.2 TDHCA Rights

In the best interest of the Texas Department of Housing and Community Affairs ("TDHCA") and the State, the Texas Department of Housing and Community Affairs ("TDHCA"), 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 Texas Department of Housing and Community Affairs ("TDHCA") 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 Texas Department of Housing and Community Affairs ("TDHCA"), or its designee with regard to the above, shall be administratively final. The Texas Department of Housing and Community Affairs ("TDHCA"), in its sole discretion, may waive administrative deficiencies and/or minor technicalities in Proposals received. All Proposals shall become a part of the Texas Department of Housing and Community Affairs ("TDHCA") 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 Texas Department of Housing and Community Affairs ("TDHCA") 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.

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3.4 Successful Respondent Obligations

TheTexas Department of Housing and Community Affairs ("TDHCA") shall look solely to Successful Respondent for performance of the Contract. Successful Respondent shall provide the requested services under the direction of the Texas Department of Housing and Community Affairs ("TDHCA")t. 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 Texas Department of Housing and Community Affairs ("TDHCA")anticipates that the selection of Successful Respondent and execution of the Contract, if any, will proceed according to the following approximate schedule:

March 02, 2026 - Issuance of RFP (after 10:00 a.m. CT)

March 11, 2026 - Deadline for Submission of Questions (2:00 p.m. CT)

March 13, 2026 - Electronic Posting of Official Responses to Questions (or as soon thereafter as practical)

March 27, 2026 - Deadline for Submission of Proposals (2:00 p.m. CT) (Late Proposals will not be considered)

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

May 17, 2026 - Commencement of Work (or as soon thereafter as practical)

The times stated in this document refer to Central Time (“CT”), Austin, Texas, where appropriate. The Texas Department of Housing and Community Affairs ("TDHCA")’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 Texas Department of Housing and Community Affairs ("TDHCA"), 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 RFO. The Texas Department of Housing and Community Affairs ("TDHCA")t is the only office authorized to clarify, modify, amend, alter, or withdraw the specifications, terms, and conditions of this RFPand any Contract awarded as a result of this RFP. Upon issuance of this RFO, other employees and representatives of the Texas Department of Housing and Community Affairs ("TDHCA") shall not answer questions or otherwise discuss the contents of this RFO 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 RFO or questions relating to completing the Vet Historically Underutilized Businesses (“VetHUB’s”) documents required in Section 4.2.M of this RFO.

VetHUB Coordinator Email: Suzanne.Saucedo@tdhca.texas.gov

Assistant VetHUB Coordinator

Email: Cheryl.Mathis@tdhca.texas.gov http://www.txsmartbuy.com/esbd mailto:Suzanne.Saucedo@tdhca.texas.gov mailto:Cheryl.Mathis@tdhca.texas.gov

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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://vendorsupport.gobonfire.com/hc/en-us/articles/15646869029783-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@gobonfire.com for technical submission questions or visit Bonfire’s help forum at this link: https://bonfirehub.zendesk.com/hc 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 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 Texas Department of Housing and Community Affairs ("TDHCA"). 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 Texas Department of Housing and Community Affairs ("TDHCA"), 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 Texas Department of Housing and Community Affairs ("TDHCA") 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 https://tdhca-texas-gov.bonfirehub.com/portal/?tab=openOpportunities https://vendorsupport.gobonfire.com/hc/en-us/articles/15646869029783-Vendor-Registration https://vendorsupport.gobonfire.com/hc/en-us/articles/15646869029783-Vendor-Registration mailto:support@gobonfire.com https://bonfirehub.zendesk.com/hc https://tdhca-texasgov.bonfirehub.com/portal/?tab=openOpportunities

332-RFP26-1004 Page 9 of 26 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 Texas Department of Housing and Community Affairs ("TDHCA") 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 Texas Department of Housing and Community Affairs ("TDHCA") receives portions of a Proposal marked “CONFIDENTIAL” as specified above, the Texas Department of Housing and Community Affairs ("TDHCA")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 Texas Department of Housing and Community Affairs ("TDHCA") will notify Respondent whose Proposal is the subject of the request when the information is forwarded to the Attorney General. The Texas Department of Housing and Community Affairs ("TDHCA")t assumes no obligation for asserting legal arguments on behalf of Respondent. Respondents are advised that the Texas Department of Housing and Community Affairs ("TDHCA") 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 Texas Department of Housing and Community Affairs ("TDHCA")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 Texas Department of Housing and Community Affairs ("TDHCA"). 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 Texas Department of Housing and Community Affairs ("TDHCA") 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 separate documents or attached hereto and incorporated as part of this RFP for all purposes.

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 Texas Department of Housing and Community Affairs ("TDHCA") 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 Texas Department of Housing and Community Affairs ("TDHCA"), 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

332-RFP26-1004 Page 10 of 26 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 Texas Department of Housing and Community Affairs ("TDHCA")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 Texas Department of Housing and Community Affairs ("TDHCA") shall not pay any amounts for any purpose to Contractor or any other entity, except as expressly provided for in this Contract. The Texas Department of Housing and Community Affairs ("TDHCA") reserves the right to make payments only upon receipt of a correct invoice, including all of the required supporting documentation. The Texas Department of Housing and Community Affairs ("TDHCA") also reserves the right to refuse payments for invoices that exceed the rates specified in this Contract or if the Texas Department of Housing and Community Affairs ("TDHCA") disputes an invoice in writing for Services that were not provided in a satisfactory manner.

PART IV

PROPOSAL FORMAT

4.1 Introduction

Each original Proposal and copy shall contain a cover sheet with the following: “332-RFP26-1004 Qualified Allocation Plan (QAP) Copy & Editing Services ” and the name and address of Respondent. Proposal pages must be numbered consecutively.

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

Respondents must submit the information below in the order presented. Failure to provide complete and responsive information may result in the Response being deemed non-responsive in accordance with the Texas Procurement and Contract Management Guide (PCMG).

Vendor Identification and Legal Status Respondent must provide:

• Full legal name and principal business address of the Respondent.

• Identification of the parent company, if the Respondent is a subsidiary or affiliate.

• Identification of the specific office, branch, or organizational unit that will perform or support the services.

• The Respondent’s legal structure (e.g., corporation, partnership, limited liability company, or sole proprietorship).

• Evidence of authorization to transact business in the State of Texas (e.g., Texas Secretary of State registration, certificate of authority, or equivalent documentation).

Failure to provide adequate evidence of authorization to do business in Texas may result in disqualification.

Firm Experience with Affordable Housing Programs

Respondent must provide a narrative description of its experience providing services related to affordable housing programs, including experience with the Low-Income Housing Tax Credit (LIHTC) program.

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At a minimum, include:

• Description of relevant engagements

• Client types (e.g., state housing finance agencies, developers, public entities)

• Scope and duration of work performed

Minimum Requirement: Respondents without demonstrated relevant experience in affordable housing programs will be deemed non-responsive and will not be further evaluated.

Qualified Allocation Plan (QAP) Experience Respondent should provide a summary of experience developing, revising, or copy-editing Qualified Allocation Plans (QAPs) for state housing agencies outside Texas.

Include:

• State(s) served

• Description of services performed

• Year(s) of engagement

• Client references (optional but recommended)

Preference may be given to Respondents demonstrating direct QAP development or editing experience.

4.3. Proposed Personnel

Respondent must identify the key personnel who will perform the copy-editing services and provide:

• Name and title

• Relevant education and certifications

• Years of relevant experience

• Specific experience with affordable housing and/or technical regulatory documents

• Role on this engagement

Resumes may be included as an appendix.

4.4. Authorized Negotiator

Respondent must provide the following for the individual authorized to negotiate contract terms and make binding commitments on behalf of the Respondent:

• Name

• Title

• Business address

• Telephone number

• Email address

4.5. Compensation

Respondents must submit proposed pricing for the services described in this RFP. Pricing shall be provided in a clear, detailed format that identifies all proposed fees, including hourly rates, fixed fees, or other applicable cost structures.

Proposed pricing must be fully loaded and inclusive of all costs necessary to perform the services described in this RFP, including labor, overhead, administrative expenses, and profit, unless otherwise expressly stated by the respondent.

The Texas Department of Housing and Community Affairs ("TDHCA") will evaluate pricing as part of the best value determination in accordance with Texas Government Code §2155.074

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All proposed pricing shall remain firm for a period of one hundred eighty (180) days from the Proposal due date unless otherwise agreed by the parties.

4.6 Financial Capacity

Respondent must submit:

1. Audited financial statements for the Respondent’s most recent completed fiscal year; and

2. If the Respondent is a subsidiary, the audited financial statements for the parent company’s most recent completed fiscal year.

Financial statements must demonstrate the Respondent’s financial capacity to perform the contemplated services.

If available, include the most recent Service Organization Control (SOC 1) report (formerly Statement on Auditing Standards No. 70 (SAS 70)). If a SOC 1 report is not available, Respondent should so state.

Failure to provide required financial documentation may result in the Response being deemed non-responsive.

4.2.L Execution of Proposal

Exhibit B must be completed and signed by Respondent.

4.2.M Historically Underutilized Businesses Subcontracting Plan

The State of Texas and the Texas Department of Housing and Community Affairs ("TDHCA") are committed to assisting Vet Historically Underutilized Businesses (“VetHUB’s”) 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 Vet Historically Underutilized Businesses (“VetHUB’s”) s 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 Vet Historically Underutilized Businesses (“VetHUB’s”) Vet Historically Underutilized Businesses (“VetHUB’s”) Subcontracting Plan (HSP) and supporting documentation.

The Vet Historically Underutilized Businesses (“VetHUB’s”) goals per 34 Texas Administrative Code §20.284 are: 11.2% for heavy construction other than building contracts; 21.1% for all building construction, including general contractors and operative builders contracts; 32.9% for all special trade construction contracts; 23.7% for professional services contracts;

26.0% for all other services contracts; and 21.1% for commodities contracts.

The Texas Department of Housing and Community Affairs ("TDHCA") has determined that this procurement falls under the following category:

Special Trade Construction ___ Professional Services Other Services X Commodities ___

The Texas Department of Housing and Community Affairs ("TDHCA") has determined that Vet Historically Underutilized Businesses (“VetHUB’s”) 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. The Texas Department of Housing and Community Affairs ("TDHCA") has identified the possible subcontracting opportunities on the “Agency Special Instructions/Additional Requirements” portion of the State of Texas Vet Historically Underutilized Businesses (“VetHUB’s”) HSP form set forth in the following chart. The class and item codes for this RFP are as follows: Class 946, Item 12.

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

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Respondent must carefully review, complete and return all Vet Historically Underutilized Businesses (“VetHUB’s”) forms, as required by this Section.

4.2.N Criminal Conviction Certification

Exhibit C must be completed and signed by Respondent.

4.2.O Nondisclosure Agreement

Exhibit D must be completed and signed by Respondent.

- - Agency Special Instructions/Additional Requirements - -

The Texas Department of Housing and Community Affairs ("TDHCA") of Housing and Community Affairs is committed to increasing contracting opportunities with Vet Historically Underutilized Businesses (“VetHUB’s”) s by contracting directly with Vet Historically Underutilized Businesses (“VetHUB’s”) s or indirectly through subcontracting opportunities in compliance with Chapter 2161 of the Texas Government Code.

If a bid/proposal/offer to a solicitation with an expected value of $100,000 or more does not contain a completed HSP and supporting documentation, the bid/proposal/offer will be considered non-responsive and will be disqualified. After contract award, Successful Respondent may be subject to debarment pursuant to Section 2161.253(d) of the Texas Government Code if any modifications are made to the HSP without PRIOR approval from the Texas Department of Housing and Community Affairs

("TDHCA").

For assistance in completing the HSP, Respondent may visit the following website:

https://comptroller.texas.gov/purchasing/vendor/hub/. If any questions, the respondent may contact the person identified in Part III Section 3.6.

If Respondent is not subcontracting any portion of the contract, Sections 1, 2(a), 3 and 4 must be completed.

If Respondent is subcontracting some portion of the contract, the supporting documentation of “Good Faith Effort” must be demonstrated in either Method A (Attachment A) or Method B (Attachment B).

The Texas Department of Housing and Community Affairs requests all Respondents to consider utilizing Vet Historically Underutilized Businesses (“VetHUB’s”) s in subcontracting areas that are listed below; however, this list should not be considered exhaustive.

Class Item Description 966 18 Copying Service, Reproduction 972 47 Regulatory Services

961 90 Writing Services, All Kinds, Including Resumes, Calligrapher and Engrosser Services

In accordance with 34 TAC §20.285(d)(1)(D)(iii), a Respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified Vet Historically Underutilized Businesses (“VetHUB’s”) for its subcontracting opportunities if the total value of Respondent’s subcontracts with Texas certified Vet Historically Underutilized Businesses (“VetHUB’s”) meets or exceeds the statewide Vet Historically Underutilized Businesses (“VetHUB’s”) goal or the agency specific Vet Historically Underutilized Businesses (“VetHUB’s”) goal, whichever is higher. When a Respondent uses this method to demonstrate good faith effort, the Respondent must identify the Vet Historically Underutilized Businesses (“VetHUB’s”) s with which it will subcontract. If using existing contracts with Texas certified Vet Historically Underutilized Businesses (“VetHUB’s”) s to satisfy this requirement, only contracts that have been in place for five years or less shall qualify for meeting the Vet Historically Underutilized Businesses (“VetHUB’s”) goal.

https://comptroller.texas.gov/purchasing/vendor/hub/

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4.2.P Conflict of Interest Statement

The Conflict of Interest Statement must be prepared, signed by Respondent, and returned with the Proposal as Exhibit E.

In its Proposal, a Respondent must represent and warrant to the Texas Department of Housing and Community Affairs ("TDHCA") that it and each of its subcontractors have the requisite resources, qualifications, and independence to conduct the services free from outside direction, control, or influence, and subject only to the accomplishment of the Texas Department of Housing and Community Affairs ("TDHCA")’s objectives. Respondents that cannot make this representation and warranty should not respond to this RFP.

Respondent must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to the submission of a Proposal from Respondent and its possible selection as Successful Respondent, or its performance or the performance of its proposed subcontractor(s).

As part of this disclosure requirement, each Respondent must include in its Proposal all past and present contractual, business, financial or personal relationships between Respondent and the Texas Department of Housing and Community Affairs ("TDHCA") and between Respondent’s proposed subcontractors, if any, and the Texas Department of Housing and Community Affairs ("TDHCA"). For purposes of this disclosure requirement, (i) “past” is defined as within the two (2) calendar years prior to the deadline for submission of Proposals; (ii) the “Texas Department of Housing and Community Affairs ("TDHCA")” is defined as the agency as well as the agency’s employees or recent former employees; and (iii) “recent former employees” are defined as those the Texas Department of Housing and Community Affairs ("TDHCA") employees who have terminated agency employment within the two (2) calendar years prior to the deadline for submission of Proposals. For each item, Respondent must provide a detailed explanation of why Respondent does or does not believe such item poses a conflict of interest, potential conflict of interest, or appearance of impropriety issue relative to Respondent’s submission of a Proposal, possible selection as Successful Respondent or its performance of the Contract.

For purposes of this RFP, “personal relationship” is defined as a current or past connection other than a clearly contractual, business, financial, or similar relationship and includes family relationships or other connections other than simply providing a response to this RFP. For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity. Chapter 573 of the Texas Government Code defines these degrees of consanguinity and affinity.

Connections other than such family relationships fall within this definition and must be disclosed if a reasonable person could expect the connection to diminish Respondent’s independence of judgment or effectiveness in the performance of Respondent’s responsibilities to the Texas Department of Housing and Community Affairs ("TDHCA") or the State of Texas under the Contract. Connections also fall within this definition if a reasonable person could expect the connection, within the overall context of Respondent’s submission of a Proposal, possible selection as Successful Respondent, or its performance of the Contract, to create an issue for the agency’s consideration relative to a potential appearance of impropriety or conflict of interest. Connections also fall within this definition if the relationship is with the Texas Department of Housing and Community Affairs ("TDHCA") or other State of Texas employee with authority to make decisions or recommendations on State of Texas contracting or procurement or this RFP. For purposes of this provision, those persons with authority to make decisions or recommendations are those persons who fall within the definition of “purchasing personnel” in Section 2262.004(a)(2) of the Texas Government Code.

In submitting a Proposal, a Respondent affirms that it has not given, nor does it intend to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or any employee or representative of same, in connection with this procurement.

Respondents must disclose any proposed personnel under the Contract who are current or recent former employees of the Texas Department of Housing and Community Affairs ("TDHCA") or the State of Texas. Recent former employees are defined above.

Also, under Section 2254.033 of the Texas Government Code, an individual who offers to provide consulting services to the Texas Department of Housing and Community Affairs ("TDHCA") and who has been employed by the Texas Department of Housing and Community Affairs ("TDHCA") or another agency at any time during the two years preceding submitting the proposal shall disclose in its proposal: (i) the nature of the previous employment with the Texas Department

332-RFP26-1004 Page 15 of 26 of Housing and Community Affairs ("TDHCA") or the other agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination.

Disclosures under these provisions will be evaluated by the Texas Department of Housing and Community Affairs ("TDHCA"). However, all information provided will not necessarily lead to a restriction or disqualification. Issues will be considered on a case-by-case basis in the best interests of the State of Texas. If a Respondent is in doubt about whether information should be disclosed, Respondent should consult its legal counsel. Failure to disclose any required information under these provisions may be cause for Proposal disqualification or termination of the contract, if any, awarded as a result of this RFP. The Texas Department of Housing and Community Affairs ("TDHCA") reserves the right, in its sole discretion, to determine if an issue should result in Proposal disqualification or termination of the Contract. If circumstances change or additional information is obtained subsequent to submission of Proposals, Respondent’s duty to disclose under these provisions continues under the term of the Contract and does not end with submission of a Proposal or receipt of Contract award.

PART V

PROPOSAL EVALUATION AND SELECTION

5.1 Evaluation Process

The Texas Department of Housing and Community Affairs ("TDHCA") shall establish an Evaluation Committee. Copies of Proposals the Texas Department of Housing and Community Affairs ("TDHCA") determines are responsive and in compliance with this RFP will be distributed to the members of the Evaluation Committee for their review and evaluation.

Clarifications on issues raised in the Proposals may be sought from individual Respondents. Best and Final Offers may be sought from Respondents whose Proposals are ranked highest by the Evaluation Committee. However, Respondents are encouraged to present their best pricing and best offer in their Proposals.

The Texas Department of Housing and Community Affairs ("TDHCA") may request that top-scoring Respondents present an overview of the proposed services. The number of top-scoring Respondents selected to provide presentations will be determined by the Texas Department of Housing and Community Affairs ("TDHCA") in its sole discretion. Such Respondents will be notified and presentation dates and times will be arranged.

Upon the selection of Successful Respondent, if any, the Texas Department of Housing and Community Affairs ("TDHCA") shall proceed with contract negotiations and attempt to finalize the contract with the apparent Successful Respondent. If a contract cannot be successfully negotiated within a reasonable period, negotiations will be terminated, and negotiations with the next-highest-ranking Respondent may commence. The process may continue until a contract is signed or the RFP is withdrawn. Upon failure of negotiations, the Texas Department of Housing and Community Affairs ("TDHCA") may at any time choose to reissue or withdraw the RFP rather than continue with negotiations.

As soon as possible after the execution of a written contract with Successful Respondent, the award will be posted on the

ESBD.

5.2 Selection Criteria

Only those Proposals that meet the minimum qualifications shall be evaluated and scored. The evaluation of the Proposals will be conducted in accordance with the best value standard set forth in Section 2155.074 of the Texas Government Code, and the criteria and relative weights are as follows:

Evaluation Factor Description Points Firm Experience and Qualifications

Relevant experience with affordable housing programs, including LIHTC and similar regulatory documents 25

QAP-Specific Experience Experience developing, editing, or supporting Qualified Allocation Plans or similar state housing documents 25

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Key Personnel Qualifications, expertise, and availability of proposed staff 20

Technical Approach and Capacity

Demonstrated understanding of the Scope of Work, responsiveness, and ability to meet timelines 20

Price Reasonableness and competitiveness of proposed pricing 10

TOTAL POSSIBLE POINTS 100

5.3 Respondent’s Past Performance

In addition to the references under Section 4.2.R, the Texas Department of Housing and Community Affairs ("TDHCA") may conduct reference checks with other entities regarding past performance of Respondent or its subcontractors. In addition to evaluating performance through the Vendor Performance Tracking System as authorized by 34 Texas Administrative Code §20.115, the Texas Department of Housing and Community Affairs ("TDHCA") may examine other sources of vendor performance, including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Such sources of vendor performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Any such investigations shall be at the sole discretion of the Texas Department of Housing and Community Affairs ("TDHCA"), and any negative findings, as determined by the Texas Department of Housing and Community Affairs ("TDHCA"), may result in a non-award to Respondent. The Vendor Performance Tracking System information is located on Comptroller’s website at: https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/.

5.4 Protest Procedures

Respondents must use the protest procedures adopted by TDHCA at Texas Administrative Code Title 10 Part 1 Chapter A Rule §1.4 in the event of a protest.

John.stewart@tdhca.texas.gov https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

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EXHIBIT B

EXECUTION OF PROPOSAL

1. By signature hereon, Respondent represents and warrants that the provisions in this Execution of Proposal apply to Respondent and all of Respondent’s principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this RFP or any contract resulting from it.

2. By signature hereon, Respondent represents and warrants its intent to furnish the requested items at the prices quoted in this Proposal.

3. By signature hereon, Respondent represents and warrants that it has read and understood and shall comply with Comptroller’s Anti-Fraud Policy, located on Comptroller’s website at: https://www.comptroller.texas.gov/about/policies/ethics.php, as such Policy currently reads and as it is amended throughout the term of any resulting contract.

4. By signature hereon, Respondent represents and warrants that its prices include all costs of Respondent in providing the requested items that meet all specifications of this RFP, and that its prices will remain firm for acceptance for a minimum of ninety (90) days from deadline for submission of Proposal.

5. By signature hereon, Respondent represents and warrants that each employee, including “replacement employees”, will possess the qualifications, education, training, experience and certifications necessary to perform the services in the manner required by this RFP.

6. By signature hereon, Respondent represents and warrants that, except as disclosed in Respondent’s completed Conflict of Interest Statement (Exhibit E of this RFP) submitted with its Proposal, Respondent has no actual or potential conflicts of interest in providing the requested items to the Texas Department of Housing and Community Affairs ("TDHCA") under the RFP and any resulting contract, if any, and that Respondent’s provision of the requested items under the RFP and any resulting contract, if any, would not reasonably create an appearance of impropriety.

7. By signature hereon, Respondent represents and warrants…