7-Special Requirements.pdf

SPECIAL REQUIREMENTS/INSTRUCTIONS

The following requirements and instructions supersede General Requirements where applicable.

VENDOR INSTRUCTIONS

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

• All Qualifications must be typed, single spaced, and printed single-sided on 8 ½” by 11” paper.

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

• Responses to sections identified below shall be no more than twenty (20) pages, excluding resumes.

• Vendors may choose to upload their submission via Bonfire or return via hard copy format to 1111 Fannin, 12th

Floor, Houston, TX no later than the due date and time as specified.

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

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

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

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

Section II: Scope of Service/Narrative of Proposed Services

• Describe proposed methodology and approach to the project, including a description of your understanding of the project.

• Provide the greatest amount of meaningful detail as possible to describe the proposed products/ services and specific deliverables. Indicate how vendor can meet expectations and scope of services described in specifications, or if specifications can only be met under certain conditions or circumstances. Include the description of any optional value-added services and unique features of the proposal that would provide greater benefit to the Precinct.

• Describe overall summary of the approach in performing the full range of services related to being a Concessionaire for the County’s Access2Health Wellness Pod Complex for Precinct 2 constituents.

• Concessionaire shall provide a detailed Disaster/Inclement Weather plan to be implemented for services provided during such events.

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

Section III: Pricing Information – After evaluation of the submittal of qualifications, Harris County will request and may negotiate pricing with the highest qualified Concessionaire(s). Concessionaire(s) shall provide a list of pricing that will be charged for each service to be provided to the constituents.

Precinct 2 has the highest rate of uninsured constituents earning the lowest median income. All services offered by the vendor shall be priced reasonably. Pricing shall reflect the initiative to reduce the uninsured rate. Services shall be provided affordable at a minimal cost to the constituents.

Note: Pricing will NOT be used in evaluating qualifications.

Section IV: Organizational Information/Qualifications

• Consultant/firm history, background, and principal officers

• Company organization chart

SPECIAL REQUIREMENTS/INSTRUCTIONS (CONTINUED)

• Description of project team organization; names and resumes of team members and the role of each team member that will be assigned to the proposed services.

• Licenses/ Accreditations

• Financial Statements

• For the Project Manager and other key personnel that will be assigned to the proposed services, please provide a list of projects they have worked on in the past and their role in that project.

• Please explain, describe, and provide examples of how the vendor is qualified to provide the required services, with specific examples of providing similar services.

• Provide copies of all prime vendor (and subcontractor(s) if applicable) licensing, certifications and/or accreditations necessary to provide the services requested in this RFQ.

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

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

References – Vendor shall provide a minimum of three (3) letters of reference from companies for whom vendor has provided similar services in the past twelve (12) months as demonstration of vendor's prior experience. Letters or reference sheet must include the following information:

• Organization / Client Name

• Name of Contact Person

• Contact Telephone, Address and Email

• Product or Services provided to this client

• How long have products or services been provided to this client?

• Include contact information for one (1) client that services have been cancelled (if possible).

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

EVALUATION PROCESS

This RFQ is governed by the procedures as contained in the Texas Government Code §2254.003. Therefore, award of contract shall be made to the provider of the required services that is evaluated to be the most qualified on the basis of demonstrated competence and qualifications whose pricing is considered to be fair and reasonable. Harris County does not accept any financial responsibility incurred in order to respond to this RFQ. In addition, Harris County reserves the right to accept or reject any or all Statements of Qualifications or waive any and all formalities not considered advantageous to Harris County.

To the extent permitted by law, vendors may request in writing non-disclosure of confidential data. Such information shall accompany the Statement of Qualifications, be readily separable from the response, and shall be CLEARLY MARKED “CONFIDENTIAL”. For those portions identified as confidential by the vendor, Harris County must rely on advice, decisions, and opinions of the Attorney General of the State of Texas relative to the disclosure of data or information.

Vendors shall not contact any Harris County personnel during the RFQ process without the express permission from the Office of the Harris County Purchasing Agent. Harris County Purchasing may disqualify any vendor who has made site visits, contacted personnel, or distributed any literature without authorization from this office. Harris County may initiate discussions with vendors. Discussions may not be initiated by vendors. Harris County expects to conduct discussions with vendor personnel authorized to contractually obligate the vendor with an offer.

All qualifications will be examined by an evaluation committee consisting of various Harris County personnel and Harris County Purchasing.

Qualifications that do not conform to the instructions or which do not address all of the services as specified may be eliminated from consideration. However, Harris County reserves the right to accept such a response if it is determined to be in the best interest of Harris County.

All correspondence relating to this RFQ, from advertisement to award shall be sent to Harris County Purchasing. All presentations and/or meetings between Harris County and the vendor relating to this RFQ shall be coordinated by Harris County Purchasing.

Selected vendors may be expected to make a presentation and/or product demonstration to an evaluation committee. Response, vendor presentations and product / service evaluations may develop into negotiating sessions with the vendor(s) as selected by the evaluation committee. Harris County expects to conduct negotiations with vendor’s representatives authorized to contractually obligate the vendor with an offer. If vendor is unable to agree to contract terms and conditions, Harris County reserves the right to terminate contract negotiations with that vendor and initiate negotiations with another vendor. In addition to a presentation, visits by the evaluation committee to representative vendor client sites may be conducted where the proposed solution can be demonstrated in a production environment.

EVALUATION CRITERIA

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

• Professional qualifications and experience of vendor in the performance of being a Concessionaire with a minimum of five

(5) of relevant experience and demonstrated success in providing the full range of services related to the scope of work within the specifications (Section IV) …………..…………………………..……………………………...………...25%

• Quality and Comprehensiveness of Proposed Methodology/Service Approach and Work Plan. Include sample plan(s) of past recommendation(s), design(s), etc. (Section II)…………………………………………………………………….30%

• Project team experience and qualifications of team members to be assigned to the project. Clearly indicate level of experience (Section IV)……………………………………………………………………………………………….25%

• Verifiable references submitted with vendor proposal of similar past projects (Questionnaire – Q-47BS)……………....20%

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

AWARD

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

(1) vendor if in the best interest of Harris County.

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

CERTIFICATE OF INTERESTED PARTIES (FORM 1295)

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

https://www.ethics.state.tx.us/filinginfo/1295/ prior to submitting your response. Failure to do so may result in disqualification of your response.

LICENSURE

Vendor shall provide, as part of its response and include in Section IV, evidence of compliance with all governing requirements for licensure, registration and/or certification. All responding vendors MUST be currently registered with the State of Texas and have a current and valid Franchise Tax Identification Number. Photocopies of relevant documents shall be included with submission and will be sufficient for RFQ purposes, but Harris County reserves the right https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/filinginfo/1295/ to require presentation of original licenses or certified copies thereof prior to vendor’s beginning service.

By the submission of a response to this RFQ vendor warrants and represents to Harris County that they have and will maintain compliance with all governing regulations and laws, including Federal, State and Municipal.

INSURANCE

Prior to providing services at any Harris County facilities, awarded vendor(s) shall provide proof of insurance and maintain all minimum requirements.

LEGAL DOCUMENTS

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

TOLL/PARKING FEES

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

PUBLIC INFORMATION CONSENT

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

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

COUNTY NOT OBLIGATED TO THIRD PARTIES

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

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) COMPLIANCE

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

NON-DISCRIMINATION

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

INDEPENDENT CONTRACTOR

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

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

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

POTENTIAL CONFLICT OF INTEREST

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

M/WBEs Harris County strives to engage with prime contractors and subcontractors that represent the diverse businesses of the County. We will ensure that historically underutilized minority- and woman-owned businesses (M/WBEs) receive a fair and equal opportunity to participate in the County's procurement process. The County expects Vendors to make a good faith effort, and the Vendor agrees to reasonably assist the County to meet or exceed goals for awarding contracts associated with a project the County procures, operates, maintains, or constructs to M/WBEs.

CONFLICT OF INTEREST

Vendor must also disclose an interest between vendor, vendor's employees and any Harris County employees arising from relationships within the first degree of consanguinity or affinity. A financial interest arises if the Harris County employee:

• Owns ten percent (10%) or more of the voting stock or shares of vendor's business.

• Owns either ten percent (10%) or more or $ 15,000 or more of the fair market value of vendor's business.

• Receives funds from vendor's business that exceed ten percent (10%) of the Harris County employee's gross income from the previous year.

Vendor must fully disclose the existence of any relationships as defined above in its response to the RFQ. Additionally, vendor must notify Harris County if the information provided in its response changes at any time.

USAGE REPORTS

Harris County reserves the right to request, and receive at no additional cost, up to two (2) times during the yearly contract period, a usage report detailing the services furnished to date under an agreement resulting from this RFQ. The reports must be furnished no later than five (5) working days after written request and itemize all purchases to date by Harris County department, description of each service purchased, quantity of each service purchased, per unit cost and total amount of all services purchased.

REGULATORY COMPLIANCE

All vendors must be compliant with appropriate Federal, state and county regulations, including Health Insurance Portability and Accountability Act (HIPAA) provisions.

NONPERFORMANCE

Vendor may be placed on probation, or the agreement may be suspended or terminated, by Harris County. Circumstances resulting in probation of service or suspension, or termination of the agreement may include, but are not limited to, the following:

1. Failure to meet and maintain minimum quality or performance standards.

2. Failure to provide services in a timely manner.

3. Failure to maintain required licensure and certifications.

4. Failure to cure any deficiencies or performance of services.

5. Failure to follow Harris County procedures.

Actions exposing a patient or other persons unnecessarily to a risk of harm, engage in unprofessional conduct, or whose practice fails to conform to the minimum standards of acceptable practice for their area/profession will be cause for immediate termination.

BACKGROUND CHECK

In accordance with Harris County policies, the following requirements must be met at vendor's expense:

1. Verification of licensure and/or certification.

2. Criminal activity background check.

The awarded vendor must retain the above information and provide for review upon request by Harris County.

TERMINATION

Upon termination of contract, any damage to any portion of the County property caused by the removal of the trade fixtures shall be the responsibility of the vendor. The vendor agrees the Wellness Pod Complex shall be returned in equal condition, normal wear and tear expected, at the termination of contract.

Upon termination, cancellation or expiration of the contract, the vendor shall remove or paint out, any and all signs, advertising and displays as Harris County may direct. If the vendor fails to do so, Harris County may require the work to be done by a third party and the vendor will be required to reimburse Harris County for the any expenses incurred.