ESBD_359248_1715710778423_3202400164 Final RFP 5-14-24_tlm.docx

Bryan Daniel, Chairman Jose A. “Joe” Esparza, Commissioner Albert Treviño III, Commissioner

RFP No. [RFP No.] Attachment 1 Page 48 of 125

RFP No. 3202400164 Page 1 of 2

Request for Proposals (RFP) for 2024 Statewide Audio-Visual Services for Conference Planning RFP No. 3202400164

Date of Release: May 15, 2024 Proposals Due: May 25, 2024 by 10:00 a.m. Central Time NIGP Class 985/12

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

Dallas Curry-Ikner CTCD, CTCM Purchaser VendorProposals@TWC.texas.gov

Table of Contents

2.1. Overview/Background....…………………………………………………………………….9

6.9. Financial Soundness………………………………………………………………….……. 45

Definitions As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms have the meanings assigned below:

“Addendum” means a written addition, change, or supplement to this Solicitation that is posted to the ESBD and issued prior to the response due date.

“Additional Evaluation Activities” include Oral Presentations, Clarifications, Technical Discussions, Proof of Concept, Demonstrations, and/or Site Visits. These Additional Evaluation Activities follow the evaluation of the written Proposals and may be utilized by TWC to evaluate and ensure specifications meet TWC’s needs as outlined in the Solicitation. Additional Evaluation Activities provide an opportunity for Respondents to highlight the strengths and unique aspects or clarify their Proposals.

“Bonfire” (bonfirehub.com) an online platform that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards.

“Business Day” means days occurring Monday through Friday except for the legal holidays observed by the State of Texas. The terms “Working Days” and “Business Days” may be used interchangeably. All uncapitalized references to “days” shall be calendar days.

“Competitive Range” consists of the offers or Proposals that have a reasonable chance of being selected for award based on the evaluation criteria and basis for award as stated in this Solicitation.

“Contract” means the written agreement entered into by the TWC and Successful Respondent, which will incorporate the contents of this RFP and the Successful Respondent’s Proposal, except as may be provided in the Contract and any amendments thereto.

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

“ESBD” means the Electronic State Business Daily, an online platform, administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

“Final Written Response Score” refers to the final scoring of the Proposal based on Scoring Matrix published in the Solicitation.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code and Title 34 of the Texas Administrative Code (TAC), § 20.282.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required to be submitted with all Proposals for state agency contracts with an expected value of $90,000 or more and where TWC has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by TWC during the term of the Contract.

“Offered Option” means options that are not requested in a response to this Solicitation but may be identified by a Respondent and included in its Proposal. A Respondent is not obligated to include an Offered Option in its Proposal. This is an opportunity for Respondents to offer options that TWC may not have been aware of at the time this Solicitation was written. TWC makes no commitment to quantity or timing for acquisition of Offered Options and Offered Options are not considered during evaluation of Proposals.

“PHS” means Procurement and HUB Services, a division of TWC.

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

“Respondent” means the individual or entity that submits an offer or Proposal. The term includes anyone acting on behalf of the individual or entity that submits an offer or Proposal, such as an agent, employee, and representative.

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

“Solicitation” means this RFP, including all exhibits, attachments, forms, and Addenda, if any.

“State” means the State of Texas and its instrumentalities, including TWC, its officers, employees, or authorized agents, and any other state agencies.

“Subcontractor” refers to a person who contracts with a vendor to work or continue toward completing work for a governmental entity. The term does not include a state agency. The term includes an officer or employee of a state agency when the officer or employee contracts with a vendor in a private capacity.

“Successful Respondent” means the Respondent with whom the TWC executes a Contract to provide the goods and/or services that this Solicitation requires.

“Total Score” means the Final Written Response Score that includes revised points for additional evaluation activities if any, as outlined by this Solicitation.

“TWC” means the Texas Workforce Commission.

“VPTS” means Vendor Performance Tracking System, as described under Texas Government Code § 2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas Government Code § 2155.089 and 34 TAC § 20.509.

Article I. Purpose, Authority and Schedule of Events

1.1. Purpose

The Texas Workforce Commission (TWC) is seeking proposals from qualified and experienced respondents for Audio/Visual Services for the 2024 (FY 25) Statewide Conference in the Grapevine & Dallas area. In addition, the Successful Respondent would qualify for yearly renewals for the maximum term of five (5) years for this event with the final occurring in 2028. Services shall include, but are not limited to, the requirements contained in this RFP.

The Conference including sessions is three (3) days, two (2) days of Pre-Conference, and two (2) full setup days for a total of seven (7) days. Services set forth that contain the words "must" or "shall" are mandatory and must be provided as specified with no alteration, modification, or exception. Services set forth that contain the words "may" or "can" allow respondents to offer alternatives to the way the services are provided. The requested services and corresponding deliverables are identified below.

PHS will administer the procurement process for this Solicitation, which includes Solicitation publication, handling of communications from vendors, as well as managing the receipt of Proposals for review and evaluation.

Information regarding TWC and its programs is available online and can currently be accessed at www.twc.texas.gov.

1.2. Authority

TWC is soliciting the goods and/or services stated in this Solicitation under of the authority Texas Government Code § 2156.121.

1.3. Schedule of Events

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellation made prior to the Deadline for Submission of Proposals will be published as an Addendum posted to the ESBD and Bonfire. Respondent is required to sign and return an Addendum or Addenda with the Proposal.

Pre-Proposal Conference Attendance is Optional May 28, 2:00 PM Central Time

JUNE 05, 2024 at 5:00PM Central Time JUNE 24, 2024 at 5:00PM Central Time

Respondent must submit its Proposal to TWC in accordance with the due date and time as indicated in this Schedule of Events or as changed via an Addendum posted to the ESBD and Bonfire After receipt of Proposals, only the names of Respondents will be made public upon request.

Article II. Scope of Work

2.1. OVERVIEW/BACKGROUND

The 2024 Statewide Audio-Visual Texas Rising Star Early Educator Conference is presented by the Texas Workforce Commission’s Childcare Division. The quarterly conference includes representatives from childcare programs across the State who are certified Texas Rising Star early educators. The conference hosts 50-1500 in-person attendees for 2 (two) days using meeting rooms for breakout sessions and a ballroom and virtual attendees using web streaming. This solicitation is for Audio/Visual services only.

2.2. Description of Services/Scope of Work/Specifications

To be considered for award, Respondents must submit a comprehensive response to the requirements contained in this RFP. Services shall include, but are not limited to, the requirements contained in this RFP. The requested services and corresponding deliverables are identified below.

The Successful Respondent will provide A/V equipment and services for all five (5) of the conferences beginning in 2024 for Statewide Audio-Visual Services for Texas Rising Star Early Educator Conferences and possibly future conferences in 2025, 2026, 2027, and 2028. This includes providing A/V needs for all session rooms and grand session rooms. The necessary AV staff to support A/V needs for ballroom with a capacity for up to 1500 attendees for the duration of the conference. The technical staff is to support AV needs and lighting in all Pre-Conference and Conference areas. This includes web streaming to Zoom (one way out only). TWC staff will use their own laptops for streaming through a TWC Zoom account. Respondents are required to provide technician(s) specializing in audio and/or video for each conference and adjust accordingly based on venue, conference needs and expected attendance.

1. Location:

2024 - Gaylord Texan Resort & Convention Center 1501 Gaylord Trail, Grapevine, TX 76051

2025 – TBD

2026 - Sheraton Dallas 400 Olive St. Dallas, TX 75201 2027 - Gaylord Texan Resort & Convention Center 1501 Gaylord Trail, Grapevine, TX 76051

2028 - TBD

2. Equipment Needed:

Each Room will need the equipment listed below ready for use.

All presentations will have a PowerPoint presentation, and some might have Videos. Videos may be embedded in a PowerPoint, accessed via the internet or in a separate MOV or MP4 file.

While the respondent will have the below list of equipment ready for each session, the respondent will work with the venue’s A/V to coordinate equipment between the two vendors to create the most cost-effective bid submission. Respondent to replace malfunctioning equipment at their expense. TWC will only be charged for equipment used during the conference. The respondent will communicate with TWC representative on what equipment will be provided for each conference from the venue and the respondent. List subject to change based on actual needs a conference approaches.

HYBRID SESSIONS: DAY ONE (Example SET-UP)

GENERAL SESSION: TBD

Pipe and Drape behind Stage and between Screens (Amount TBD)

Conference Workshops (Example SET-UP)

Pipe and Drape behind Stage and between Screens (Amount TBD)

Pre-Conference VR Sessions (Example Setup)

Pipe and Drape behind Stage and between Screens (Amount TBD)

Article III. General Information

3.1. Terms and Conditions

The Terms and Conditions identified in the Solicitation, Attachment 1 – TWC Terms & Conditions are applicable to this Solicitation and any Contract resulting from this Solicitation. TWC reserves the right to incorporate additional provisions in the Contract in the best interest of TWC.

In the event of a conflict between this Solicitation and applicable laws and regulations, precedence shall be given to the laws and regulations.

3.2. Contract Award

TWC intends to award one (1) contract for all five (5) separate conferences in 2024 with TWC having the sole option to renew the contract for 1 conference each year in 2025, 2026, 2027, 2028 as a result of this Solicitation.

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

3.3. Contract Execution

If, for any reason, a Contract cannot be executed with a Respondent selected for award within fourteen (14) days of TWC’s determination to seek to contract with that Respondent, TWC may negotiate a Contract with the next highest-scored Respondent or may withdraw, modify, or partially award this Solicitation.

3.4. Contract Term

The Contract Term will commence on the fully executed Contract date and expire on 09/16/2024. At the end of the initial Term, TWC will have the sole option to renew the term of the Contract for four (4) additional one-year terms.

The Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the General Appropriations Act, TWC consolidation of offices, or any other disruption of current appropriations, Termination provisions of Attachment 1- TWC Terms and Conditions shall apply.

Following the base term and any allowable renewals or extensions, TWC may extend any resulting Contract for not more than one additional option period to address immediate operational or service delivery needs. If the resulting Contract does not include a defined option period, the extension is limited to one year.

3.5. Price Adjustment

Renewal of the Contract shall be for the original Proposal price; however, if an optional renewal term is exercised, TWC may permit a price adjustment upward or downward after the end of the initial contract term and each exercised renewal term when correlated with the Consumer Price Index (Labor and Services) for Urban Wage Earners and Clerical Workers (CPI-W), U.S. City Average or Producer Price Index-PPI (Commodities) published by the Bureau Labor Statistics (BLS), Washington D.C. The initial contract term rate may be adjusted by the latest announced change in the CPI-W for the prior 12-month period, limited to a maximum of 4% increase per contract term or any amount of decrease. The Successful Respondent must request any price adjustments in writing at least thirty (30) days prior to the expiration of the current contract term. At a minimum, the Successful Respondent must include supporting documentation from the CPI or PPI for the cost increase.

3.6. Contract Amendments

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

3.7. No Guarantee of Volume, Usage, or Compensation

TWC makes no guarantee of volume, usage, or total compensation to be paid to a Respondent under an awarded Contract, if any, resulting from this Solicitation.

TWC reserves the right to cancel, make partial award, or decline to award a Contract under this Solicitation at any time at its sole discretion.

3.8. Governmental Entities

If Respondent is responding to this Solicitation in its capacity as a governmental entity, certain Terms and Conditions found in this Solicitation, including exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Proposal is received from a governmental entity, TWC reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

3.9. Offer Period

Proposals shall be binding for a period of one hundred and eighty days (180) after the submission due date. A Respondent may extend the time for which its Proposal will be honored. Upon Contract execution, prices agreed upon by the Successful Respondent(s) are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by TWC.

3.10. Costs Incurred

Respondent understands that issuance of this Solicitation in no way constitutes a commitment by TWC to award a Contract. Additionally, TWC is not liable for any costs incurred by a Respondent in the preparation of a response to this Solicitation. Costs of developing Proposals, preparing for, or participating in Oral Presentations and Site Visits, or any other similar expenses incurred by a Respondent are entirely the responsibility of the Respondent, and will not be reimbursed in any manner by the State of Texas.

3.11. Public Information Act - Respondent Proposal

Information, documentation, and other materials submitted in connection with this Solicitation or resulting Contract may be subject to public disclosure pursuant to the Texas Public Information Act, Texas Government Code, Chapter 552. See Attachment 1 - Terms & Conditions, Section 2.4.

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

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

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

TWC may, in its sole discretion (1) disqualify all Respondents that fail to fully comply with the requirements set forth in this section, or (2) offer all Respondents that fail to fully comply with the requirements set forth in this section additional time to comply. Submitting partial or incomplete information that suggests inclusion of confidential information constitutes failure to comply with the requirements set forth in this section.

3.12. Public Information Act – Contract Award

Within five (5) days from Contract execution, the Successful Respondent must submit a “Public Information Act Copy” of the Original Executed Contract (in addition to the original executed contract) to the TWC contract manager by email. The Public Information Act Copy must meet the following requirements:

a. The copy must be clearly marked as “Public Information Act Copy” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger);

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

c. Successful Respondent must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection (b) of this section must be identical to those set forth in the Original Proposal as required in Section 3.11.(a)(2) above. The only difference in required markings and information between the Original Contract and the “Public Information Act Copy” of the contract will be redactions, which can only be included in the “Public Information Act Copy.” There must be no redactions in the Original Contract.

3.13. Respondent Waiver – Intellectual Property

SUBMISSION OF ANY DOCUMENT TO TWC IN RESPONSE TO THIS SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER AND AGREEMENT BY RESPONDENT TO FULLY INDEMNIFY THE STATE OF TEXAS AND TWC FROM ANY CLAIM OF INFRINGEMENT AGAINST THE STATE OF TEXAS AND TWC REGARDING THE INTELLECTUAL PROPERTY RIGHTS OF RESPONDENT OR ANY THIRD PARTY FOR ANY MATERIALS SUBMITTED TO TWC BY RESPONDENT.

3.14. Insurance

For the duration of any Contract resulting from this Solicitation, the Successful Respondent shall acquire insurance, bonds, or both, with financially sound and reputable independent insurers, in the type and amount listed in Attachment 1 – TWC Terms & Conditions and Attachment 4 - Insurance Requirements.

Notwithstanding the preceding, TWC reserves the right to consider reasonable alternative methods of insuring the Contract in lieu of the insurance policies customarily required. It will be the Respondent's responsibility to recommend to TWC alternative methods of insuring the Contract. Any alternatives proposed by Respondent should be accompanied by a detailed explanation regarding Respondent's inability to obtain the required insurance and/or bonds. TWC shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage.

Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of Contract.

The sanctions and remedies will be referred to as “Sanctions.”

3.15.2. Assessment of Sanctions

Once TWC has determined that Sanctions are to be assessed, the Executive Director or Executive Director’s designee shall notify the Successful Respondent of the assessment(s). TWC will withhold Sanctions from payments to the Successful Respondent or, if no payments are to be made, TWC will make demand of payment of sanctions. The Successful Respondent must make payment within thirty (30) days of the TWC’s demand. In the event the Successful Respondent fails to pay within the thirty (30) day period, TWC may make a claim for payment against the performance bond, with or without notice to the Successful Respondent, if applicable.

3.15.3. Failure to Assess Sanctions

The failure of TWC to assess Sanctions in any instance where TWC is entitled to Sanctions under the terms of this Solicitation, or the resulting Contract shall not constitute waiver in any fashion of TWC’s rights to assess Sanctions.

3.15.4. Failure to Notify TWC of a Change of Ownership or Control or Change in Financial Condition.

The failure of the Successful Respondent to notify TWC of a change of ownership or control or change in financial condition as required in Sections 3.18 (Change in Ownership) and 6.9.2 (Change in Financial Condition-Duty to Notify) may result in the Successful Respondent being assessed sanctions in the amount of one hundred dollars ($100) per incident.

3.15.5. Failure to Comply with Disclosure Requirement.

The failure of the Successful Respondent to comply with the disclosure requirement in Attachment 1 - Terms and Conditions, Article III Section 3.1 may result in the Successful Respondent being assessed sanctions in the amount of ONE THOUSAND DOLLARS ($1,000) per incident.

3.15.6. Failure to Produce Records or Information as part of Background Investigation.

The failure of the Successful Respondent to cooperate with and/or produce records or information as part of a background investigation conducted pursuant to Attachment 1 - Terms & Conditions, Article III Section 3.1may result in the Successful Respondent being assessed Sanctions in the amount ONE THOUSAND DOLLARS ($1,000) per day for each day the records/information are not produced, or answers are not provided.

3.15.7. Failure to Produce Records or Information as part of an Audit.

The failure of the Successful Respondent to cooperate with and/or produce records or information as part of an audit conducted pursuant to Attachment 1 - Terms & Conditions, Article III Sections 3.1 or requested pursuant to Attachment 1 - Terms & Conditions, Article III Section 3.1 may result in the Successful Respondent being assessed Sanctions in the amount of ONE THOUSAND DOLLARS ($1,000) per day for each day the records/information are not produced, or answers are not provided.

3.16. Liquidated Damages

In submitting a Response, the Successful Respondent agrees that the measure of damages in the event of a default or breach by Successful Respondent may be difficult or impossible to calculate. In the event Successful Respondent fails to perform Services or complete the obligations under the Contract in a timely manner, TWC may require Successful Respondent to pay, as liquidated damages and not as a penalty, an amount equivalent to two percent (2%) of the total cost for Services. TWC may impose, but is not obligated to impose, these liquidated damages in lieu of any monetary damages available to TWC under the Contract or applicable law.

3.16.1 General.

It is agreed by TWC and the Successful Respondent that:

a. If the Successful Respondent does not provide or perform the requirements referred to or listed in this Solicitation or fulfill the obligations of the Contract, damage to TWC will result;

b. establishing the precise measure of damages in the event of default by the Successful Respondent may be (i) costly, (ii) time consuming, or (iii) difficult or impossible to calculate;

c. the liquidated damage assessments contained herein represent a good faith effort to quantify the damages that could reasonably be anticipated at the time of execution of the Contract;

d. the damages set forth herein are just and reasonable;

e. nothing contained in this section shall be construed as relieving the Successful Respondent from performing all Contract requirements whether or not said requirements are set forth herein; and

f. TWC may, therefore, in its sole discretion, deduct damages from the compensation otherwise due to the Successful Respondent. All assessments of damages shall be within the sole discretion of TWC.

3.16.2 Liquidated Damages Assessment.

Once TWC has determined that liquidated damages are to be assessed, the TWC shall notify the Successful Respondent of the assessment(s). Upon receipt of written notice, the Successful Respondent will have ten (10) days to provide a written explanation of any justification that may be applicable to the liquidated damages being considered and a corrective action plan for bringing the operations within the standards specified. TWC has the right to amend the corrective action plan submitted by the Successful Respondent. In all cases, the corrective action plan must be approved by TWC in writing prior to implementation. The corrective action plan must be implemented by the Successful Respondent at no cost to and upon approval by the TWC Contract Manager. Liquidated damages will not be assessed during the specified cure period for the activity in question. If the breach is not cured or the Successful Respondent does not provide a written justification and/or approved corrective action plan, TWC will withhold liquidated damages from payments to the Successful Respondent, or, if no payments have been made, TWC will make demand of payment of liquidated damages. The Successful Respondent must make payment within thirty (30) days of TWC’s demand. In the event the Successful Respondent fails to pay within the thirty (30) day period, TWC may utilize the option to withhold any additional payments. Failure to pay assessed liquidated damages within the designated time frame may be deemed by TWC to be a breach of contract.

3.17. Changes in Ownership

The Proposal must include a certification that the entity is not for sale or to become acquired by another business entity during the twelve (12) months following the Submission Deadline.

During the term of the Contract or any extension or renewal thereof, the Successful Respondent shall notify TWC in writing of any substantial change in the ownership or control of the Successful Respondent as soon as possible, but no later than thirty (30) days prior to its occurrence.

3.18. Severability.

If any provision or portion of this Solicitation is illegal, void, or unenforceable, the other provisions will not be affected.

3.19. Historical Compensation

Historical compensation under Contracts for similar goods or services and similar scope and size to this Solicitation has ranged from $150,000 to $175,000 per conference. TWC reserves the right to adjust any projected amount based on funding during the term of a resulting Contract.

3.20. Franchise Tax – Right to Transact Business in Texas

If applicable, the Texas franchise tax is imposed on each taxable entity formed or organized in Texas or doing business in Texas.

Respondent must be set up in the Texas franchise tax system prior to Contract award if applicable. Texas franchise tax information can be accessed at https://comptroller.texas.gov/taxes/franchise/.

Article IV. Proposal Process

All requests, questions, or other communication about this Solicitation must be made in writing to PHS, addressed to the person listed below (Sole Point of Contact) with the Solicitation number in the subject line.

Dallas Curry-Ikner (CTCD, CTCM)- Purchaser VendorProposals@TWC.texas.gov See also, Section 4.1.4 (Exception to Sole Point of Contact) below.

4.1.2 Prohibited Communication

Except as provided in Section 4.1.1 (Sole Point of Contact) and Section 4.1.4 (Exception to Sole Point of Contact) a potential Respondent and Respondent that has submitted a Proposal is prohibited from any communication with TWC regarding the Solicitation. Unless allowable, TWC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through TWC designated staff as provided by Section 4.1 (Inquiries). Failure to comply with these restrictions may result in disqualification of Respondent's Proposal. These restrictions do not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.1.3 Questions or Requests for Clarification

TWC will post to ESBD and the TWC Bonfire Portal the Questions & Answers and, if appropriate, an addendum to the Solicitation by the deadline established in Section 1.3 (Schedule of Events). Responses to questions or other written requests for clarification will not be provided individually to prospective Respondents submitting questions.

TWC reserves the right to amend answers previously posted prior to the Proposal deadline identified in Section 1.3 (Schedule of Events). Amended answers will be posted on ESBD and the TWC Bonfire Portal. It is the Respondent’s responsibility to check ESBD and the TWC Bonfire Portal. TWC also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

Questions or requests for clarification received after the deadline in Section 1.3 (Schedule of Events) may be reviewed by TWC but may not be answered. Only TWC’s written answers posted on the TWC Bonfire Portal to questions submitted to the Sole Point of Contact in writing, in accordance with this section, are binding.

4.1.4 Exception to Sole Point of Contact

Exceptions to Section 4.1.1 (Sole Point of Contact) are as follows:

a. A Respondent with questions relating to the HSP is permitted to direct those questions to the TWC HUB staff TWCHUBinfo@twc.texas.gov.

b. Where it is expressly directed by the Sole Point of Contact that another designated TWC representative may speak to the Respondent, such as during Contract negotiations. A Respondent is required to ensure that communications have been authorized by the Sole Point of Contact before engaging in any such communication. Failure to comply with this requirement may result in the disqualification of a Respondent’s Proposal.

4.2. Pre-Proposal Conference

TWC will conduct a Pre-Proposal Conference. A prospective Respondent should plan attend the Pre-Proposal Conference. See Section 1.3 (Schedule of Events) for the date and time. The Pre-Proposal Conference will include an overview of the Solicitation and a presentation on the HSP requirements, if applicable to this solicitation.

4.2.1 Attendance

Attendance at the Pre-Proposal Conference is optional but highly recommended.

Attendees to a virtual Pre-Proposal Conference are required to send an email prior to the conference to the Sole Point of Contact (Section 4.1.1), advising of participation in the Pre-Proposal Conference. Attendees must provide in the email their name, phone number, and name of the organization they are representing.

Attendees to virtual Pre-Proposal conferences are required to send an email prior to the conference to the Sole Point of Contact (Section 4.1.1), advising of participation in the Pre-Proposal Conference. Attendees must provide in the email their name, phone number, and name of the organization they are representing.

The attendance log from the webinar logs (virtual) will be used by PHS to confirm the attendance of a Respondent submitting a Proposal.

4.2.2 Logistical Information

PHS will hold the Pre-Proposal Conference on the date and time set out in Section 1.3 (Schedule of Events).

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact through the TWC Bonfire Portal identified in Section 4.1.1 at least seventy-two (72) hours before the meeting in order to have reasonable accommodations made by TWC.

Conference Call or Webinar Information:

Please click this URL to join. https://zoom.us/s/93997690469 Passcode: 788129

Alternative, provide webinar access instructions.

Or join by phone:

Dial(for higher quality, dial a number based on your current location):

US: +1 346 248 7799 or +1 253 215 8782 or +1 669 444 9171 or +1 669 900 6833 or +1 719 359 4580 or +1 253 205 0468 or +1 929 205 6099 or +1 301 715 8592 or +1 305 224 1968 or +1 309 205 3325 or +1 312 626 6799 or +1 360 209 5623 or +1 386 347 5053 or +1 507 473 4847 or +1 564 217 2000 or +1 646 931 3860 or +1 689 278 1000 Webinar ID: 939 9769 0469 Passcode: 788129 International numbers available: https://zoom.us/u/adu340kW3Q

4.2.3 Questions at the Pre-Proposal Conference

a. Attendees may submit questions in writing Via Bonfirehub.com. All questions must be in the required format and include the information as referenced in Section 4.1.3 (Questions or Requests for Clarification).

b. TWC reserves the right to amend, prior to the Proposal Deadline, answers previously posted. Amended answers will be posted on the Bonfire Portal and notification of the amended answers on the ESBD. Notification of posting will be in accordance with Section 1.3 (Schedule of Events).

c. Unauthorized communications with TWC program area staff regarding this Solicitation before, during, or after the Pre-Proposal Conference are prohibited. Failure to comply with these restrictions may result in disqualification of Respondent's Proposal.

Respondent must fully and completely address all requirements described in this Solicitation. Incomplete or partial Proposals will not be considered. The Respondent must provide all information that the Respondent believes would be helpful to TWC in evaluating the Respondent’s ability to fulfill the Solicitation requirements. Respondent shall prepare a Proposal that clearly and concisely represents its qualifications and capabilities.

4.3.2 Proposal Format

The Proposal submitted in response to this Solicitation must:

a. Be responsive to all Solicitation requirements;

b. Be in the 8 1/2" by 11" paper layout;

c. Be clearly legible; and

d. Be presented using font type Verdana, or Arial, font size 12 pt., with one (1) inch margins and 1.5 line spacing; the sole 12-point font size exception is no less than size 10 pt. for tables, graphs, and appendices.

4.3.3 Proposal Signature

Respondent’s authorized representative must sign on all exhibits and forms requiring a signature. A Proposal without the required signatures is not responsive to the Solicitation and will be disqualified. Unsigned Proposals will not be evaluated; these Proposals will be kept with the procurement file and not be returned to the Respondent.

4.3.4 Discrepancies

In the event of any discrepancies or variations between copies, TWC is under no obligation to resolve the inconsistencies and may make its scoring and selection decision accordingly, including the decision to potentially disqualify a Proposal. If Respondent fails to designate an “Original” Proposal as required by Section 4.4.2 (Submission Method TWC Bonfire), TWC in its sole discretion, will determine the version to be used as the original or may disqualify the Proposal. If the Respondent submits a redacted Proposal as the “Original,” TWC will disqualify the Proposal and it will not be evaluated. TWC will not accept submissions after the “Deadline for Submission of Proposals” in Section 1.3 (Schedule of Events) to remedy discrepancies or variations in Proposal submissions.

4.3.5 Exceptions

Each Respondent is highly encouraged, in lieu of including exceptions in a Proposal, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 4.1.3 (Questions or Requests for Clarification).

Any exception included in a Proposal may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its Proposal, Respondent is required to use Form 2 - Execution of Response of this Solicitation and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Form 2 - Execution of Response may be rejected without consideration. Respondent must clearly identify the specific section and language to which it takes exception, propose specific alternative language, and describe its reasoning for requesting the exception. TWC will only consider exceptions submitted on Form 2- Execution of Response.

No exception, nor any other term, condition, or provision in a Proposal that differs from or contradicts this Solicitation will be considered to be part of any Contract resulting from this Solicitation unless expressly made a part of the Contract in writing by TWC.

Any exceptions or deviations by the Respondent to Attachment 1 - Terms & Conditions may make the response unacceptable for award without discussion. If a Respondent proposes exceptions to the Terms & Conditions, TWC may make an award without discussion to another Respondent that did not propose exceptions to the Terms & Conditions.

4.3.6 Binding Offer

A Proposal should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated. Furthermore, all Proposals constitute binding offers. Any Proposal that includes any type of disclaimer or other statement indicating that the Proposal, or any portion of the Proposal, does not constitute a binding offer may be disqualified, as determined by TWC in its sole discretion.

If a Respondent’s ability to enter into a Contract is contingent upon any exception or assumption provided in accordance with Section 4.3.5 (Exceptions), the Respondent may be disqualified from further consideration for Contract award.

Proposals must be received by PHS as prescribed no later than the date and time specified in Section 1.3 (Schedule of Events).

Proposals received after the deadline specified in Section 1.3 (Schedule of Events) will be rejected and will not be evaluated or considered for Contract award.

TWC is not responsible for Proposals uploaded late in Bonfirehub.com, illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

4.4.2 Submission Method TWC Bonfire Portal

TWC has implemented the eProcurement platform referred to as the TWC Bonfire Portal. All vendor submissions must be uploaded electronically to Bonfirehub.com at https://twc-texas-gov.bonfirehub.com/portal/?tab=openOpportunities. Proposal submissions by any other method will not be accepted.

To respond to this Solicitation, Respondents must register through the Bonfire website. There is no charge to register.

Step-by-step Instructions are available at:

https://vendorsupport.gobonfire.com/hc/en-us/articles/6830871161239-Vendor- Registration.

For a quick tutorial on how to upload a Proposal, visit: Creating and Uploading a Submission to Bonfire.

Any issues with uploading must first be addressed with Bonfire Technical Support at the contact information included in the Procurement Information Summary and Bonfire Instructions to Respondents document.

Respondents must contact the Contract Developer prior to the deadline if there are issues with using Bonfire and an alternative submission method may be required. Failure to contact the Contract Developer well before the deadline to make alternative arrangements will disqualify any subsequent Response submission.

In no event will TWC be responsible or liable for any delay or error in delivery. TWC is not responsible for electronic submissions that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any TWC anti-virus or other security software.

Hard copies received will not be accepted or reviewed.

It is the Respondent’s responsibility to appropriately mark and upload the Proposal to the TWC Bonfirehub.com by the specified date. Each Respondent is solely responsible for ensuring its Proposal is submitted in accordance with all Solicitation requirements and ensuring timely receipt by TWC.

SUBMISSION PACKAGES

Respondent shall submit the following to Texas Workforce Commission (bonfirehub.com)