Amendment_1_Request_for_Proposals_RFP_33501-268001.pdf

09-20-18 RFP-AMEND

STATE OF TENNESSEE

DEPARTMENT OF COMMERCE AND INSURANCE

REQUEST FOR PROPOSALS # 33501-268001

AMENDMENT # 1

FOR THE REVIEW, CONSULTATION, AND FORMAL

WRITTEN OPINIONS OF HOME INSPECTOR REPORTS

FOR THE TENNESSEE HOME INSPECTOR LICENSING

PROGRAM

DATE: October 28, 2025

RFP # 33501-268001 IS AMENDED AS FOLLOWS:

1. This RFP Schedule of Events updates and confirms scheduled RFP dates. Any event, time, or date containing revised or new text is highlighted.

EVENT

TIME

(Central Time Zone)

DATE

(all dates are State business days)

1. RFP Issued October 8, 2025

2. Disability Accommodation Request Deadline 2:00 p.m. October 15, 2025

3. Notice of Intent to Respond Deadline 2:00 p.m. October 17, 2025

4. Written “Questions & Comments” Deadline 2:00 p.m. October 22, 2025

5. State response to written “Questions & Comments” October 28, 2025

6. RFP Response Deadline 2:00 p.m. November 7, 2025

7. State Completion of Technical Response Evaluations November 21, 2025

8. State Opening & Scoring of Cost Proposals 2:00 p.m. November 24, 2025

9. State Notice of Intent to Award Released and RFP Files Opened for Public Inspection 2:00 p.m. November 25, 2025

10. End of Protest Period December 2, 2025

11. State sends contract to Contractor for signature December 3, 2025

12. Contractor Signature Deadline 2:00 p.m. December 10, 2025

2. State responses to questions and comments in the table below amend and clarify this RFP.

Any restatement of RFP text in the Question/Comment column shall NOT be construed as a change in the actual wording of the RFP document.

RFP SECTION

PAGE QUESTION / COMMENT STATE RESPONSE

RFP Attachment 6.2., Section A;

RFP Attachment 6.2, Section B

19-23

1. Will the licensed home inspector submit a proposal as an individual under their license, or must it be submitted under a registered business entity?

Respondents can submit a proposal as either an individual or as a registered business entity but must submit a copy of the home inspector license of the individual(s) performing work under the RFP’s resulting contract, as requested in Item A.4. of RFP Attachment 6.2., Section A (Mandatory Requirement Items).

Item B.2. of RFP Attachment 6.2., Section B (General Qualifications & Experience Items) requires the Respondent to describe his/her form of business (i.e., individual, sole proprietor, corporation, non-profit corporation, partnership, limited liability company) and business location (physical location or domicile).

RFP Section

1.1.2 1

2. Is the maximum liability of $15,000–$20,000 applied per contract region (East or West), or is that the total across both regions?

Both of the RFP’s resulting contracts will include a maximum liability between $15,000 – $20,000. The estimated maximum liability is not the total across both resulting contracts.

RFP Section 3.2. 7-8

3. Will the State accept fully electronic submissions by email, or is physical digital media (USB/CD- R) by mail still required? Does this need signature required?

Per RFP Section 3.2. (Response Delivery), proposals may be submitted via digital media submission (i.e., CD-R or USB) OR via email submission. Any Respondent wishing to submit a proposal in any other format may do so by contacting the Solicitation Coordinator whose contact information is detailed in RFP Section 3.2.4.

The Respondent’s signature is required on RFP Attachment 6.1. (Statement of Certifications and Assurances) and RFP Attachment 6.3. (Cost Proposal & Scoring Guide). An electronic signature is acceptable.

RFP Section 3.2. 7-8

4. If submitting electronically, are there specific subject line or file naming conventions that must be followed?

Yes, please see RFP Section 3.2.

(Response Delivery). There are specific labeling instructions for the submission of proposals through digital media and email.

RFP Attachment

6.4. 28-29

5. May references be emailed directly to the Solicitation Coordinator by the reference provider, or must they be sealed and submitted with the proposal?

Per the instructions in RFP Attachment 6.4.

reference questionnaires may be emailed directly to the Solicitation Coordinator by the reference provider with the subject line of the email as “[Respondent’s Name] Reference for RFP # 33501-268001”.

6. Approximately how many home inspection reports are expected to be reviewed each month or year?

Can you provide data or statistics on the number of complaint cases that were reviewed or handled in 2024?

Approximately 5-7 complaints are opened in a month. The number of cases that are sent for expert review is determined on a case by case basis and the numbers will change depending on the allegations within the complaints, but approximately 2-3 cases will be sent out for expert review each year.

21 cases were opened, and 26 complaints were closed in 2024.

7. What is the expected turnaround time once a complaint file is received?

It would be expected that once an expert reviewer receives a complaint file that they would provide their findings within 30 days. If the matter is more complex, additional time can be given.

8. Will the State provide a standardized report template or format for the “formal written opinions”?

No, there is not a standardized report template the expert witness must follow.

However, the expert witness should strive to be as detailed as possible as the information may be needed as part of their testimony during a formal hearing.

9. How will complaint files, photos, and supporting materials be transmitted — via email, secure link, or another system?

The materials are transmitted via email.

10. How frequently have on-site inspections been required in the past, and are travel costs reimbursed if such inspections occur?

On-site inspections have not been requested previously. Usually by the time the complaint has been sent to the Department’s Legal Division, the inspection was completed month(s) ago, and the property is not in the same condition as the initial inspection.

Therefore, it isn’t necessary to send reviewers to the property. In the unlikely event that an on-site inspection would be requested, travel expenses would not be reimbursed.

Reviewers are typically asked to analyze the home inspector’s inspection report to determine if there are deficiencies.

11. Is there an estimate of hours or historical data on the number of hours expected to be spent reviewing each complaint or inspection report?

No. This amount varies depending on the complexity of the report, length of the complaint, and the subject property characteristics.

12. How much advance notice is typically provided before testimony, or is a hearing appearance required?

For hearings with the Home Inspector Licensing Program, the Department tries to use a written Affidavit or Declaration so that an in-person/virtual testimony isn’t needed. However, if the request is denied, at least a 30-day notice will be provided for providing testimony.

13. Where are hearings generally held in Nashville or in the local county of the inspection property?

The hearings will either be held virtually via WedEx or in person in Nashville at the Davy Crockett Tower located at 500 James Robertson Parkway, Nashville, TN 37243.

RFP Attachment

6.3.; RFP

Attachment 6.6., Section C

26-27 of

RFP; 2-4

of Pro Forma Contract

14. Should hourly rates in the cost proposal include travel time and preparation, or may these be billed separately?

A proposed rate in the Cost Proposal should be inclusive of all expenses associated with a particular cost item. Per Pro Forma Contract Section C.4., the contractor of the resulting contract will not be compensated or reimbursed for travel time, travel expenses, meals, or lodging.

RFP Attachment 6.6., Section D

33 of RFP;

10-12 of Pro Forma

15. What level of professional liability or errors-and-omissions insurance coverage will be required?

Per Section D.32. (Insurance) of the RFP’s Pro Forma Contract (RFP Attachment 6.6.) professional liability or errors and omissions insurance is not required. The resulting contractor must obtain commercial general liability insurance, workers’ compensation and employer liability insurance, and automobile liability insurance, as specified in Pro Forma Contract Section D.32.

Attachment 6.2. 19

16. Will a current Tennessee Home Inspector license alone satisfy the “valid license” requirement in Attachment 6.2 A.4, or must a registration also be included?

An active Tennessee Home Inspector license will suffice.

17. Is there potential for contract renewal or extension beyond the initial term?

No. The term of the resulting contract is sixty (60) months and will not be renewed or extended. A new solicitation will be posted to re-procure the service before the end of the term of the resulting contract.

RFP Section 2;

RFP Section 5.1.;

RFP Attachment 6.2., Section C

5; 15; 24-

18. Will the State release the evaluation criteria or scoring breakdown (e.g., how points are weighed within Section C)?

The evaluation categories and maximum points per category are listed in RFP Section 5.1. For RFP Attachment 6.2., Section C (Technical Qualifications, Experience & Approach Items), the Solicitation Coordinator will multiply the Item Score by the associated Evaluation Factor (indicating the relative emphasis of the item in the overall evaluation). The resulting product will be the item’s Raw Weighted Score for purposes of calculating the section score.

Respondents may request to see the evaluation or scoring breakdown of the proposals during the open file period, as set out in the Schedule of Events, following the release of the Notice of Intent to Award.

RFP Section 5.2. 15-16

19. Are the East and West Tennessee contracts evaluated independently or as a combined evaluation?

The Technical Response of each proposal will be independently evaluated by each member of the Proposal Evaluation Team, as described in RFP Section 5.2.

Pursuant to this Amendment’s Item 3 below, RFP Attachment 6.2., Section A, has been revised to add an additional mandatory requirement item, which requires Respondents to list the geographical area(s) (i.e., East and/or West Tennessee) in which the Respondent practices and is available and willing to provide services.

RFP Section 2;

RFP Section 4.8.3.

5; 12

20. Will the Department provide feedback to respondents following the award decision?

Per line 9 of the Schedule of Events, the Department will issue a Notice of Intent to Award which will include the name of the Respondent that the Department plans to award the contract to. At that point, the RFP files will be available for public inspection for a period of seven (7) calendar days in accordance with Tenn.

Code Ann. § 10-7-504(a)(7). Respondents may contact the Solicitation Coordinator during the open file period and request to inspect the RFP file.

See RFP Section 4.8.3.

21. Will the State provide access to prior inspection reports or complaint histories to ensure consistency in evaluations?

That information is not typically included, but if requested, copies of the documents could be provided. If a home inspector subject to investigation has any previous discipline, it would be noted on their CORE account and could be provided for review. Department Counsel would also be available to discuss the complaint if there were any additional questions or concerns.

22. Are inspectors expected to review reports strictly for compliance with Tennessee Standards of Practice, or also assess report clarity and completeness?

Expert reviewers are primarily expected to review reports for compliance with the Tennessee Standards of Practice (Tenn.

Comp. R. & Regs. 0780-05-12-.10) but the review could include elements of the Code of Ethics (Tenn. Comp. R. & Regs.

0780-05-12-.11), where applicable.

23. Will inspectors be required to reference specific statutes or administrative rules within their written findings?

Yes. The Tennessee Standards of Practice in Tenn. Comp. R. & Regs. 0780- 05-12-.10 will serve as the primary foundation for violations found within a report.

24. Who will serve as the primary point of contact for file-specific inquiries

— program staff, legal counsel, or a contract administrator?

The primary point of contact will be the assigned disciplinary counsel for the Home Inspector Licensing Program, and the assigned paralegal for the Program.

25. Are secure file-sharing platforms

(e.g., SharePoint, OneDrive) used for report transmission and recordkeeping?

Yes.

26. Will the Department offer orientation or training materials to familiarize contracted inspectors with internal processes?

Currently, the Department doesn’t have an orientation process. However, if an expert reviewer would like an explanation of the complaint process that can be provided upon request.

27. Will the State provide periodic feedback or performance evaluations during the contract term?

There will be periodic feedback, where necessary, to ensure the expert reviewer is meeting expectations/business needs.

However, there will be no performance evaluations.

28. Are contracted inspectors encouraged to attend hearings or review sessions for professional alignment and quality assurance?

Expert reviewers would be expected to attend a formal hearing if their testimony was required at that specific hearing.

Note, formal hearings are rare since most cases are resolved through a consent order.

RFP Attachment 6.2., Section C 24-25

29. Should the cost proposal include sales tax, or is the State exempt from it?

The State is exempt from all sales taxes.

RFP Attachment 6.2., Section C 24-25

30. Should the proposed costs be inclusive of all expenses (e.g., administrative overhead, travel, reporting time)?

Yes. Please see the State’s response to question #14.

RFP Attachment 6.2., Section C 24-25

31. Is there a preferred file format for the Cost Proposal attachment — PDF, Excel, or both?

The preferred file format is PDF.

RFP Attachment 6.2., Section C 24-25

32. Are report preparation and administrative time considered part of the per-review cost, or should they be included under ‘Formal hearing preparation’?

Yes, report preparation and administrative time are considered part of the per review cost. Only preparation for a formal hearing should be included in the “Formal Hearing Preparation” cost item. Respondents should only provide a cost estimate for the four (4) cost items included in the Cost Proposal.

RFP Attachment 6.6., Section C

3-4 of Pro

33. Does the State require itemized invoices showing labor hours and expenses per case?

Invoices must follow the instructions given in Pro Forma Contract Section C.5.

RFP Attachment 6.6., Section C

2-4 of Pro

34. Will travel reimbursement, if applicable, be included within the contract’s maximum liability amount (cap), or will it be handled separately?

Per Pro Forma Contract Section C.4., the contractor of the resulting contract will not be compensated or reimbursed for travel time, travel expenses, meals, or lodging.

3. Delete RFP Attachment 6.2., Section A (Mandatory Requirement Items) in its entirety and replace with the revised Attachment 6.2., Section A on pages 7-8 of this Amendment.

4. RFP Amendment Effective Date. The revisions set forth herein shall be effective upon release. All other terms and conditions of this RFP not expressly amended herein shall remain in full force and effect.

RFP ATTACHMENT 6.2. — Section A

TECHNICAL RESPONSE & EVALUATION GUIDE

SECTION A: MANDATORY REQUIREMENTS. The Respondent must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below.

The Solicitation Coordinator will review the response to determine if the Mandatory Requirement Items are addressed as required and mark each with pass or fail. For each item that is not addressed as required, the Solicitation Coordinator must review the response and attach a written determination. In addition to the Mandatory Requirement Items, the Solicitation Coordinator will review each response for compliance with all RFP requirements.

RESPONDENT LEGAL ENTITY

NAME:

Response Page #

(Responde nt completes)

Item Ref. Section A— Mandatory Requirement Items Pass/Fail

The Response must be delivered to the State no later than the Response Deadline specified in the RFP Section 2, Schedule of Events.

The Technical Response and the Cost Proposal documentation must be packaged separately as required (refer to RFP Section 3.2., et.

seq.).

The Technical Response must NOT contain cost or pricing information of any type.

The Technical Response must NOT contain any restrictions of the rights of the State or other qualification of the response.

A Respondent must NOT submit alternate responses (refer to RFP Section 3.3.).

A Respondent must NOT submit multiple responses in different forms (as a prime and a subcontractor) (refer to RFP Section 3.3.).

A.1. Provide the Statement of Certifications and Assurances (RFP Attachment 6.1.) completed and signed by an individual empowered to bind the Respondent to the provisions of this RFP and any resulting contract. The document must be signed without exception or qualification.

A.2. Provide a statement, based upon reasonable inquiry, of whether the Respondent or any individual who shall cause to deliver goods or perform services under the contract has a possible conflict of interest (e.g., employment by the State of Tennessee) and, if so, the nature of that conflict.

NOTE: Any questions of conflict of interest shall be solely within the discretion of the State, and the State reserves the right to cancel any award.

A.3. Provide a current bank reference indicating that the Respondent maintains a satisfactory business relationship with the financial

RESPONDENT LEGAL ENTITY

NAME:

Response Page #

(Responde nt completes)

Item Ref. Section A— Mandatory Requirement Items Pass/Fail institution. Such reference must be written in the form of a standard business letter, signed, and dated within the past three (3) months.

A.4. Provide a copy of a current, valid license to practice as a professional home inspector issued to Respondent by the State of Tennessee.

A.5. Provide a copy of the Respondent’s curriculum vitae.

A.6. Provide a statement listing the geographical area(s) (i.e., East and/or West Tennessee) in which the Respondent practices and is available and willing to provide services.

State Use – Solicitation Coordinator Signature, Printed Name & Date: