ESBD_361805_1717797126561_RFP_2391-SJ_CDR_Translation-Interpretation-Svcs_Final Version 6.6.24.pdf

Texas General Land Office -i- RFP No. 2391-SJ

TEXAS GENERAL LAND OFFICE

is

REQUESTING PROPOSALS

for

Translation and Interpretation Services for

Community Development Block Grant – Disaster Recovery Programs

REQUEST FOR PROPOSALS NO. 2391-SJ

Class 961 / Items 46, 75, 92

Release Date: June 7, 2024 Deadline for Submission: July 8, 2024 at 2:00 PM CT

Solicitation Point of Contact: Stefanie Jackson, CTPM, CTCD Stefanie.Jackson@GLO.Texas.Gov

Respondent is responsible for checking the Electronic State Business Daily (ESBD) website, https://www.txsmartbuy.com/esbd, for any Addenda to this Solicitation. Please search under Agency Code 305 (General Land Office and Veterans Land Board). Respondent’s failure to periodically check the ESBD will in no way release Respondent from additional requirements of the Solicitation posted in Addenda or other published information.

Texas General Land Office -ii- RFP No. 2391-SJ

TABLE OF CONTENTS

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 Executive Summary

1.2 Definitions

1.3 Collusion

1.4 Authority

ARTICLE II. SCOPE OF WORK

2.1 Scope of Services Requested

2.2 Provider Responsibilities

2.3 Languages

2.4 Provision of Labor, Materials and Time

2.5 Contract and Term

2.6 No Guarantee Of Volume or Usage

2.7 Work Order Authorization

2.8 Provider Performance

2.9 Audit

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 Schedule of Events

3.2 Inquiries

3.3 Solicitation Response Composition

3.4 Solicitation Response Submission and Delivery

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 Evaluation Criteria

4.2 Presentations

4.3 Best and Final Offer (BAFO)

4.4. Contract Award

ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 Respondent Information

5.2 Technical Proposal

5.3 Major Subcontractor Information

5.4 Litigation History

5.5 Historically Underutilized Business (HUB)

5.6 Conflicts

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5.7 Financial Capability

5.8 References

ARTICLE VI. COST PROPOSAL

6.1 Cost Proposal

ARTICLE VII. TERMS, CONDITIONS AND EXCEPTIONS

7.1 General Conditions

7.2 Insurance

7.3 Protest

7.4 Contract Terms and Solicitation Acceptance

7.5 Vendor Performance Reporting

7.6 Certificate of Interested Parties

7.7 Statements or Entries

ARTICLE VIII. SUBMISSION CHECKLIST

EXHIBIT A. GENERAL AFFIRMATIONS AND SOLICITATION ACCEPTANCE .... A-1

EXHIBIT B. FEDERAL AFFIRMATIONS .......................................................................... B-1

EXHIBIT C. SAMPLE CONTRACT ..................................................................................... C-1

EXHIBIT D. SAMPLE WORK ORDER ............................................................................... D-1

EXHIBIT E: HUB SUBCONTRACTING PLAN .................................................................. E-1

Texas General Land Office -1- RFP No. 2391-SJ

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Community Development and Revitalization (“CDR”) division of the Texas General Land Office (“GLO”) requests proposals from qualified providers for the provision of comprehensive translation and interpretation services necessary to assist the GLO in fulfilling its duties to administer disaster relief, recovery, and mitigation programs for the State of Texas funded through allocations made by federal funding agencies, including the U.S. Department of Housing and Urban Development (“HUD”) and the Federal Emergency Management Agency (“FEMA”). In the administration of the programs, the GLO must ensure that program information is available in languages appropriate for the geographic areas to be served and must take appropriate steps to ensure effective communications with persons with disabilities, such as those stated in 24 C.F.R. § 8.3.

The GLO will consider proposals that demonstrate the ability to complete the Project within the requirements of this Solicitation and in compliance with all applicable federal, state, and local laws, ordinances, and regulations, which include, but are not limited to, the Code of Federal Regulations (C.F.R.), federal funding agency requirements, and applicable program rules and regulations.

Respondents must execute Exhibit A, General Affirmations and Solicitation Acceptance, and Exhibit B, Federal Affirmations, and complete other documentation listed on the Submission Checklist in Article VIII of this RFP to be considered. Additional information about the GLO and its programs can be found at http://www.glo.texas.gov/recovery/index.html.

1.2 DEFINITIONS

“ADA” means the Americans with Disabilities Act of 1990.

“ASL” means American Sign Language.

“Addendum” means a written clarification or revision to the Request for Proposals issued by the General Land Office. Respondents must acknowledge receipt of any Addenda in the submission of the Solicitation Response.

“Affiliate” means any individual or entity that, directly or indirectly, is in control of, is controlled by, or is under common control with, Respondent. Respondent shall be deemed to control another entity if either possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of the other entity, whether through the ownership of voting securities, membership interests, by contract, or otherwise.

“CART” means computer-aided real-time transcription.

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“CDBG-DR” means the Community Development Block Grant - Disaster Recovery Program, as authorized under Title I of the Housing and Community Development Act of 1974, as amended.

“CDBG-MIT” means the Community Development Block Grant - Mitigation Program, as authorized under Title I of the Housing and Community Development Act of 1974, as amended.

“CDR” means the Community Development and Revitalization division of the GLO.

“C.F.R.” means the Code of Federal Regulations, the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the federal government of the United States.

“CMBL” means the Centralized Master Bidders List.

“Deliverable” means a unit or increment of work to include any item, task, report, data, document, photograph, drawing, process, computer program or code, or other submission required to be delivered or completed under a contract or Work Order issued under the

RFP.

“ESBD” means Electronic State Business Daily, the electronic marketplace where State of Texas bid opportunities over $25,000 are posted. The ESBD may be accessed at https://www.txsmartbuy.com/esbd.

“FEMA” means the Federal Emergency Management Agency.

“GLO” means the Texas General Land Office and its officers; employees, and designees, acting in their official capacities.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code.

“HUB Subcontracting Plan” or “HSP” means the form required by Texas Government Code §2161.252 and 34 Texas Administrative Code §20.285 for each contract with an expected value of $100,000 or more, in which Respondent must demonstrate a good faith effort to subcontract with HUBs. The HSP is posted to the ESBD as a separate file accompanying this Solicitation and must be included with the Solicitation Response.

“HUD” means the U.S. Department of Housing and Urban Development.

“LEP” means Limited English Proficiency. Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English can be limited English proficient, or “LEP”.

“PIA” means the Public Information Act, Chapter 552 of the Texas Government Code.

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“Project” means the translation and interpretation work described in Article II of this Solicitation and further detailed in Work Orders issued to the selected Provider under a contract awarded pursuant to this RFP.

“Provider” means the Respondent awarded a contract under this Solicitation.

“Respondent” means an entity responding to this Solicitation.

“RFP” means Request for Proposals.

“Solicitation” means this RFP.

“Solicitation Response” means a Respondent’s entire response to this Solicitation, including all documents requested in this Solicitation.

“State” means the State of Texas, any state agency, and officers, employees, or authorized agents of the State of Texas.

“TAC” means the Texas Administrative Code.

“TQA” means Translation Quality Assurance.

“Work Order” means an individually negotiated document authorizing specific work under a contract.

1.3 COLLUSION

A Respondent and its officers, partners, owners, agents, representatives, or employees shall not in any way collude, conspire, connive, or agree, directly or indirectly, with any other Respondent, firm, or person to submit a collusive Solicitation Response in response to this Solicitation. A Respondent shall not, directly, or indirectly, seek by agreement or collusion with any other Respondent, firm, or person to fix the price related to this Solicitation or to secure any advantage in the award of a contract resulting from this Solicitation.

1.4 AUTHORITY

The GLO is soliciting the services listed herein under Chapters 2155-2156 of the Texas Government Code, in conjunction with 2 C.F.R. § 200.317.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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ARTICLE II. SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

At the discretion of the GLO and upon issuance of one or more Work Orders, the selected Provider(s) will perform, or cause to be performed, comprehensive translation and interpretation services to assist the GLO in fulfilling its duties as the administrating agency for federally-funded disaster relief, recovery, and mitigation programs in the State of Texas.

These services may include, but are not limited to, translation of written documents into multiple languages including Braille, and oral and sign language interpretation. The selected Provider will be required to implement these services in compliance with all applicable federal, state, and local laws, ordinances and regulations which include, but are not limited to, the C.F.R., HUD requirements, and any specific requirements properly imposed by the GLO.

Provider is responsible for all quality, performance, project management, and schedules whether the work is performed by Provider's employees or a subcontractor. Provider shall ensure all documents and information related to these services are kept confidential and secured. Information shall not be released without the prior written consent of the designated GLO representative. Provider will have the option to provide services remotely.

2.1.1 General Requirements

Respondent must demonstrate in its Solicitation Response that it has:

a) The ability to provide the services requested herein on an as-needed basis and in emergency situations;

b) Locations which are staffed or subcontracted in areas to ensure response time to service requests do not exceed the performance requirements;

c) Sufficient employees or subcontractors to support multiple project assignments simultaneously in different geographical locations throughout Texas, with the predominant interpretation needs being located in Austin and the Houston metropolitan statistical area;

d) The ability to provide translated documents using current versions of

Microsoft Office applications including Word, PowerPoint, and Excel;

e) Personnel with knowledge of the culture, politics, and customs of the country in which the translated or interpreted language is spoken;

f) Personnel with a minimum of two years of experience within the last five years providing translation or interpretation services;

g) The ability to provide a guarantee that translations and interpretations are accurate with no errors that significantly change the meaning or impact the

Texas General Land Office -5- RFP No. 2391-SJ comprehension and usability of the content;

h) Editing and proofreading protocols in place to ensure a professional editor reviews translated documents for accuracy prior to submission; and

i) A process to perform regular translation quality assurance (TQA) evaluations to ensure the accuracy of work performed for the GLO. TQA results must be provided to the GLO upon request.

2.1.2 Translation Services

Respondent must demonstrate in its Solicitation Response its ability to perform, at a minimum, the following translation services:

a) Translation of maps, graphs, and other visual documents;

b) Translation of technical program documents;

c) Translation of digital applications and website content such as fillable Portable Document Files (.pdf);

d) Translation of audio content from speech to text;

e) Translation of documents that incorporate contain sections previously translated;

f) Formatting of translated document to coincide with original English documents, to include any desktop publishing (DTP) requirements;

g) All final documents must be fully compliant with the web accessibility requirements of Section 508 of the Rehabilitation Act and Web Content Accessibility Guidelines (WCAG) 2.1; and

h) Translation of materials in a timely manner, with consideration for language complexity. Provider shall complete translation by the deadline provided at the time of project assignment. Provider shall furnish translated materials electronically, on digital media, and/or in hard copy, as instructed by the GLO.

2.1.3 Interpretation Services

Respondent must demonstrate in its Solicitation Response its ability to perform, at a minimum, the following consecutive and simultaneous interpretation services:

a) Interpretation services for recorded video content;

b) Interpretation services for up to 8 hours at public meetings and similar events;

and

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c) Interpretation services for in-person and telephone customer service or similar purposes, including proper telephone etiquette in each of the languages to be interpreted.

Interpreters of American Sign Language (ASL) must possess a current certification from the Registry of Interpreters for the Deaf or possess a level three or higher certification from the Texas Commission for the Deaf and Hard of Hearing; ASL interpreters must also have experience in the operation of ADA auxiliary aids and services.

Interpreters must be available for public meetings or similar events within 48 hours of the GLO’s request. Interpreter shall arrive on site a minimum of 15 minutes prior, but no more than 30 minutes prior, to the commencement of a hearing, deposition, or meeting. The GLO will not pay for more than 30 minutes of set up time. If the interpreter cannot appear or is delayed, Provider shall notify the designated GLO representative as soon as possible and provide a replacement interpreter within one hour of notification.

2.2 PROVIDER RESPONSIBILITIES

The selected Provider shall be capable of performing, at a minimum, the following translation and interpreter services:

a) Designate a primary point of contact for GLO service requests;

b) Ensure personnel are available to provide service within forty-eight (48) hours of GLO’s request;

c) Furnish all labor, materials, and equipment necessary to perform the services specified; and

d) Furnish any necessary language translation equipment for consecutive interpretation or simultaneous interpretation for public meetings or similar events, for periods of up to eight (8) hours. The materials and equipment which may be required include, but are not limited to:

Computer-aided real-time transcription (CART) Assistive Listening Systems TTY or video relay service Screen Readers Braille Materials Closed caption decoders Telephone handset amplifiers Speech synthesizers Large print materials

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2.3 LANGUAGES

Services may include the following 20 languages:

American Sign Language Spanish Spanish Creole Vietnamese Chinese Urdu Arabic Tagalog Hindi Korean French (incl. Patois, Cajun) Gujarati Persian Mon-Khmer, Cambodian Russian German Japanese Portuguese Portuguese Creole Thai French Creole Italian

2.4 PROVISION OF LABOR, MATERIALS AND TIME

Solicitation Responses must incorporate the cost of all labor, materials, tools, supplies, equipment, personnel, overhead, and profit, including, but not limited to, travel expenses, insurance, associated costs and incidental costs necessary to provide the comprehensive services specified herein, according to the minimum specifications, requirements, provisions, terms, and conditions set forth in this Solicitation.

2.5 CONTRACT AND TERM

The GLO intends to award one Work Order-based contract for the services solicited herein.

Total compensation under any contract awarded will depend on the availability of funds allocated to the State.

Any contract resulting from this Solicitation shall be effective as of contract execution and shall terminate August 31, 2029, or upon receipt and acceptance of the final Deliverable by the GLO, whichever occurs first. The GLO, at its own discretion, may extend the contract, subject to terms and conditions mutually agreeable to both parties.

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The selected Provider will be bound to the specific terms and conditions found in the Sample Contract, Exhibit C. These terms and conditions are subject to change prior to the execution of any contract that may result from this Solicitation.

2.6 NO GUARANTEE OF VOLUME OR USAGE

The GLO makes no guarantee of volume or usage under any contract resulting from this

2.7 WORK ORDER AUTHORIZATION

During the term of any contract awarded under this Solicitation, the GLO may request Provider perform certain Project tasks, as described above, subject to specific work authorization in the form of a Work Order. Provider is not authorized to perform any work that is not assigned under an executed Work Order.

A sample Work Order is included with this Solicitation as Exhibit D. All Work Orders shall be in writing, signed by both the Provider and the GLO, and shall include a scope of services, a list of tasks to be performed by Provider, a time schedule, a list of Deliverables, if any, and such other information or special conditions as may be necessary for the work requested.

2.8 PROVIDER PERFORMANCE

The GLO will specify the work to be performed through Work Orders issued under any awarded contract and will determine the timeliness of work progress (as specified in the issued Work Order(s)) and whether Provider's performance of the service is acceptable.

The GLO will monitor performance and communicate with Provider to provide feedback and determine corrective actions as frequently as GLO deems necessary.

If the GLO determines translated documents require corrections due to Provider errors, Provider will be required to promptly correct the work at no additional cost to the GLO and submit the corrected Deliverable within forty-eight (48) hours from notification by the

GLO.

Unsatisfactory Provider performance, including failure to consistently perform within the Work Order-specified time frame and with acceptable quality of work may result in cancellation of a Work Order, termination of the entire contract for cause, or other remedies as specified in Section 7.1.9.

Unsatisfactory Provider performance may include, but is not limited to:

Two instances within one (1) year of failure to provide an interpreter within forty-eight (48) hours after notification from GLO.

More than one (1) instance of telephone or video conference interpretation not

Texas General Land Office -9- RFP No. 2391-SJ provided at the appointment time designated, or more than two (2) substantiated complaints of incorrect or incomprehensible telephone or video conference interpretation.

More than one (1) significant error for every three (3) pages of translated documents, which includes typographical errors or terminology which changes the meaning or impacts the comprehension and usability of the content.

Any instance of breach of confidentiality or failure to secure sensitive data or documents related to the contract.

2.9 AUDIT

Provider shall be required to maintain accurate accounting records and other evidence pertaining to costs incurred while providing services for a period of no less than three (3) years after the date of grant closeout for any funding allocation relevant to the work performed. Provider shall make such records and evidence available to the GLO and State and federal auditors at all times during this period.

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ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Issue Solicitation June 7, 2024

Virtual Pre-Proposal Conference (Optional) Zoom Meeting – Link and Instructions in Section 3.2.5 July 13, 2023

June 14, 2024

10:00 A.M. CT

Deadline for Submitting Questions June 17, 2024

5:00 PM CDT

Anticipated Release Date of GLO’s Responses to Questions June 25, 2024

Deadline for Submission of Solicitation Responses July 8, 2024 at

2:00 PM CT

Evaluation Period July 9, 2024 to July 24 2024

Selection and Award Notice July 31, 2024

Contract Formation, Negotiation, and Execution August 15, 2024 to September 1, 2024

Deadline for Insurance Prior to commencing work

NOTE: These dates represent a tentative schedule of events. The GLO reserves the right to modify these dates at any time prior to the deadline for submission of Solicitation Responses upon notice posted on the Electronic State Business Daily (ESBD) website at:

https://www.txsmartbuy.com/esbd. Please search under Agency Code 305. Any modification of dates after the deadline for submission of Solicitation Responses will not be posted.

3.2 INQUIRIES

3.2.1 Contact

All requests, questions, or other communications about this Solicitation shall be made in writing to the GLO’s Purchasing Department, addressed to the person listed below.

Name Stefanie Jackson, CTCD, CTCM Address 1700 N. Congress Ave., Austin, Texas 78701 Phone 800-998-4456 or 512-463-5347 Email Stefanie.Jackson@GLO.Texas.Gov

Notwithstanding the above, Respondents may direct questions about the State’s Historically Underutilized Businesses (HUB) Program or HUB Subcontracting

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Plans (HSPs) to the GLO HUB Team contacts listed in Section 5.5 of this

3.2.2 Clarifications

The GLO will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section 3.2.1 above. Respondents’ names shall be removed from questions in the responses released. Questions shall be submitted in the following format. Submissions that deviate from this format may not be accepted:

a) Identifying Solicitation number

b) Section number

c) Paragraph number

d) Page number

e) Text of passage being questioned

f) Question

NOTE: The deadline for submitting questions is noted in Section 3.1 above.

Please provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

3.2.3 Responses

All accepted questions will result in written responses with copies posted to the ESBD at: https://www.txsmartbuy.com/esbd. Responses shall be posted as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses.

3.2.4 Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section

3.2.1 above, the GLO, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Respondent. Respondent shall rely only on written statements issued through or by the GLO’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this

3.2.5 Pre-Proposal Conference (Optional)

The GLO will be hosting an optional pre-proposal conference virtually on June 14, 2024, at 10:00AM via Zoom. To join this meeting, click the link below or copy and paste it into your browser, and follow the Zoom prompts.

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Join Zoom Meeting:

https://txglo.zoom.us/j/82137112994?pwd=YjF2UE9LbnhkVkY5ZFIzQmVrcGdmQT09

The agenda and attendance list for the conference shall be posted to the ESBD as part of an official Addendum to the Solicitation.

3.3 SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

Respondent shall complete and upload the documents listed below to the Box.com™ URL in Section 3.4.3:

a) One proposal, including all documents requested in Part 1 of the Submission

Checklist, submitted as one Portable Document Format (.pdf) file titled “RFP No. 2391-SJ (Respondent name)_Part 1;

b) One HUB subcontracting plan, submitted as one .pdf file titled “RFP No.

2391-SJ (Respondent name)_Part 2”;

Respondent shall prepare a clear and concise Solicitation Response that focuses on the instructions and requirements of the Solicitation. Respondent is responsible for all costs related to the preparation of their Solicitation Response.

Any terms and conditions attached to a Solicitation Response not specifically referred to in this RFP will not be considered and may result in disqualification.

3.3.2 Solicitation Response Format

For ease of evaluation, the Solicitation Response shall be presented in a format that corresponds to the order requested in Article VII, Submission Checklist. Responses to each section and subsection shall be labeled clearly to indicate the item being addressed. Exceptions to this will be considered during the evaluation process.

3.3.3 Page Limit and Supporting Documentation

Solicitation Responses shall not exceed 25 pages in length. Exhibit A, General Affirmations and Solicitation Acceptance; Exhibit B, Federal Affirmations, signed acknowledgments of Addenda; résumés; tables of contents; annual report; HUB subcontracting plan, cover letter; cover page; title page; and divider pages are considered supporting documentation and are not included in the 25-page limit. The Solicitation Response should be formatted using 12-point or larger font, except for charts, graphs, or other graphical representations of data.

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3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

Solicitation Responses must be received at the Box™ URL in Section 3.4.3 no later than the date specified in Section 3.1. Respondents may submit their Solicitation Responses any time prior to that deadline. Box™ shall time stamp all uploaded Solicitation Responses; any other documentation of timely submission in lieu of the Box™ time stamp WILL NOT be accepted.

3.4.2 Labeling

Each file uploaded to Box™ shall be labeled as specified in Section 3.3.1 above.

3.4.3 Delivery

Respondents must upload Solicitation Responses to the following Box™ URL:

Upload Here!

The GLO shall not accept Solicitation Responses submitted by any other means.

Please contact the point-of-contact listed in Section 3.2.1 above for assistance with Box™.

3.4.4 Alterations, Modifications, and Withdrawals

Solicitation Responses may be modified, altered, or withdrawn by e-mailing the point-of-contact listed in Section 3.2.1 above, provided such notice of modification, alteration, or withdrawal is received prior to the deadline for submission of Solicitation Responses.

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ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

Solicitation Responses shall be evaluated in accordance with Chapters 2155-2156 of the Texas Government Code, and other applicable Texas laws and regulations.

The GLO shall not be obligated to accept the lowest priced proposal but shall make an award to the Respondent that provides the “Best Value” to the State of Texas.

4.1.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below. Furthermore, upon a unanimous decision of the selected evaluation committee, Solicitation Responses that are determined to be unrealistic in terms of technical commitment, show a lack of technical competence, or indicate a failure to comprehend the risk and complexity of a potential contract may be rejected.

Respondents shall submit a summary (not to exceed two pages) that provides specific support for meeting the minimum qualifications outlined in this section.

This summary can specifically state how Respondent meets each minimum qualification or can direct the evaluators to the appropriate section of the Solicitation Response that provides support for Respondent satisfying each minimum qualification.

4.1.2.1 Must be able to provide translation and interpretation services for the languages listed in Article II;

4.1.2.2 Respondent must have been in business providing translation and interpretation services for a minimum of five (5) years within the ten

(10) year period preceding the posting date this Solicitation, or the principals/owners of Respondent must have ownership/executive management experience in a previous company that provided translation and interpretation services for a minimum of five (5) years within the ten (10) year period preceding the posting date this Solicitation;

4.1.2.3 Each interpreter or translator Respondent intends to utilize to perform work under a contract issued pursuant to this Solicitation, whether a staff member or subcontractor, must have a minimum of two (2) years of experience within the last five (5) years providing the translation or interpretation services listed in Article II;

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4.1.2.4 Respondent must, in the GLO’s sole determination through the process described in Section 5.7, be financially solvent and adequately capitalized; and

4.1.2.5 Respondent must be a registered entity with SAM.gov (System for

Award Management) with an active Unique Entity Identifier (UEID) or the ability to obtain a UEID prior to contract execution.

4.1.3 Selection Criteria

Solicitation Responses shall be consistently evaluated and scored in accordance with the following criteria:

4.1.3.1 Reasonableness of Respondent’s Cost Proposal (30%);

4.1.3.2 Demonstrated experience, qualifications, and past performance of Respondent and proposed staff (55%);

4.1.3.3 Proposed methodology for performance of the services (10%); and

4.1.3.4 Overall responsiveness, clarity, and organization of Solicitation

Response (5%).

NOTE: To clarify any response, the Solicitation evaluation committee may contact references provided in the response to this Solicitation, contact Respondent’s clients, or solicit information from any available source concerning any aspect of the Solicitation deemed pertinent to the evaluation process.

4.2 PRESENTATIONS

The GLO may require an oral presentation from any or all Respondents. Respondents will be provided with notice of any such oral presentation and are responsible for their own presentation equipment. Failure to participate in the requested presentation may eliminate a Respondent from further consideration. The GLO is not responsible for any costs incurred by Respondent in preparation for the oral presentation. If presentations are conducted, they will be evaluated and scored for a possible 20 points. The score received for the presentation will be added to the score received from the evaluation of Respondent’s written proposal.

4.3 BEST AND FINAL OFFER (BAFO)

Clarification discussions, at the GLO’s sole option, may be conducted with Respondents who submit Solicitation Responses determined to be acceptable and competitive.

Respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of the Solicitation Responses. Such revisions may be permitted after submissions and prior to award solely for the purpose of obtaining BAFOs.

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In conducting discussions, there shall be no disclosure by the GLO of any information derived from the Solicitation Responses submitted by competing Respondents.

4.4. CONTRACT AWARD

It is the intent of the GLO to award one contract to provide services under this Solicitation.

An award notice will be sent to the selected Respondent. Neither the GLO’s issuance nor Respondent’s receipt or acceptance of an award notice forms a contract between the GLO and a selected Respondent. Any award is contingent upon the successful negotiation of final contract terms and upon approval from the Chief Clerk of the GLO. Negotiations shall be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the GLO, may negotiate a contract with the next highest scoring Respondent or may withdraw this

NOTE: Solicitation Responses are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and will be withheld from or released to the public only in accordance therewith.

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ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

In addition to the summary of minimum qualifications required under Section 4.1.2 of this RFP, Respondent must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified products or services on time. In accordance with this requirement, Respondent shall provide the following information:

5.1.1 Company Narrative

Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Article II, focusing on its company’s key strengths and competitive advantages.

5.1.2 Company Profile

Provide a company profile that identifies the following:

a) The company ownership structure (e.g., corporation, partnership, LLC, sole proprietorship, etc.), including any wholly-owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information in a narrative and as a graphical representation). If Respondent is an Affiliate of, or has a joint venture or strategic alliance with, another company, please identify the percentage of ownership and the percentage of the parent’s ownership.

Finally, please provide your proposed operating structure for the services requested under this Solicitation and which entities (i.e., parent company, Affiliate, Joint Venture, subcontractor) will be performing them;

b) The year the company was founded and/or legally organized. If the company was organized as a business entity other than a sole proprietorship (e.g., corporation, LLC, LLP, etc.), please indicate the type of entity, the state under whose laws the company is organized, and the date of organization;

c) The location of Respondent’s company headquarters and any field office(s), including subcontractors, that may provide services for any resulting contract under this Solicitation;

d) The number of employees, excluding subcontractors, in Respondent’s company, both locally and nationally, and the location(s) from which employees may be assigned;

e) The name, title, mailing address, e-mail address, and telephone number of

Respondent’s point of contact for any resulting contract under this Solicitation; and

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f) Answer to whether Respondent’s company has ever been engaged under a contract by any Texas state agency. If “Yes,” specify when, for what duties, and for which agency.

NOTE: A Respondent that is not organized under the laws of the state of Texas must register with the Texas Secretary of State before it may transact business in Texas. Respondent must provide proof of registration before the GLO may award a contract under this Solicitation.

5.1.3 Key Staffing Profile

Respondent must provide a key staffing profile and résumés for key staff that will be responsible for the performance of the services requested under this Solicitation.

“Key staff” is defined as experienced, professional and/or technical personnel who will have major responsibilities under a contract and/or provide unusual or unique expertise essential for successful completion of the work performed. Provider shall ensure key staff remain available for the entire term of a contract. If key staff become unavailable for work, Provider shall promptly notify the GLO and assign alternative staff of equal ability and qualifications. The GLO reserves the right to approve changes to key staff.

Staff members listed in the Key Staffing Profile who are independent contractors, and not employees, of the Respondent may also qualify as subcontractors.

Respondents must evaluate their Key Staffing Profiles and HUB Subcontracting Plans accordingly.

5.2 TECHNICAL PROPOSAL

Respondent must describe clearly, specifically, and as completely as possible, its proposed methodology for achieving the objectives and requirements of this Solicitation.

Respondent should identify all tasks to be performed to be responsive to Article II, Scope of Work, including activities, materials, and other products, services, and reports to be generated during the contract period and relate them to the stated purposes and specifications described in this Solicitation. Respondent shall provide a detailed Project task schedule and timeline, which shall correspond directly with the payment schedule required in Respondent’s Cost Proposal in accordance with Section 6.1, below.

5.3 MAJOR SUBCONTRACTOR INFORMATION

In addition to the requirements of Article II, Respondent must identify any major subcontractors that Respondent intends to utilize in performing 15% or more of the work.

Respondent must indicate whether or not Respondent holds any financial interest in any major subcontractor. It may be required as a condition of award that an authorized officer or agent of each proposed major subcontractor sign a statement to the effect that the

Texas General Land Office -19- RFP No. 2391-SJ subcontractor has read, and will agree to abide by, Respondent’s obligations under any contract awarded pursuant to this Solicitation.

Any major subcontractor Respondent intends to utilize in performance of the work must also be included in Respondent’s HUB Subcontracting Plan. If a major subcontractor will not be utilized, Respondent shall so indicate in the appropriate section of the Solicitation Response.

5.4 LITIGATION HISTORY

Respondent must include in its Solicitation Response a complete disclosure of any actual or alleged breaches of contract it has engaged in. In addition, Respondent must disclose any civil or criminal litigation or investigation pending at any time during the last three years to which Respondent is/was a party or in which Respondent has been judged guilty or liable. For each instance of litigation or investigation, Respondent shall list: basic case information (e.g., cause number/case number, venue information, names of parties, name of investigating entity); a description of claims alleged by or against Respondent or its parent, subsidiary, or other affiliate; for each resolved case, a description of the disposition of Respondent’s involvement (e.g., settled, dismissed, judgment entered, etc.). Failure to comply with the terms of this provision may disqualify Respondent. A Solicitation Response may be rejected based upon Respondent’s prior history with the State of Texas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations.

If Respondent has no litigation history as described above, Respondent shall so indicate in the appropriate section of the Solicitation Response.

5.5 HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

5.5.1 Introduction

The GLO is committed to promoting full and equal business opportunities for businesses in state contracting in accordance with the goals specified in the State of Texas Disparity Study. The GLO encourages the use of Historically Underutilized Businesses (HUBs) through race, ethnic, and gender-neutral means.

Pursuant to Texas Government Code §2161.181 and §2161.182 and the GLO’s HUB policy and rules, the GLO makes a good-faith effort to increase HUB participation in its contracts. The GLO does this by contracting directly with HUBs or indirectly through subcontracting.

The State of Texas HUB Subcontracting Plan form is included with this Solicitation as Exhibit E. A Solicitation Response that does not contain a HUB Subcontracting Plan (HSP) is not responsive and will be rejected without further evaluation. A Solicitation Response will also be rejected if the GLO determines that the HSP was not developed in good faith.

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Please refer to the cover letter included with Exhibit E for specific instructions for locating potential HUB subcontractors utilizing the state’s CMBL.

5.5.2 GLO HUB Team Contacts

Respondents may request courtesy reviews of HSPs and direct questions about HSPs or the HUB program to the HUB outreach staff listed below. All other questions about this Solicitation must be directed to the single point of contact listed in Section 3.2.1.

Stella Roland Stella.Roland@GLO.Texas.Gov 512.662-6899

Vonda White Vonda.White@GLO.Texas.Gov 512.947-6441

5.5.3 Post-award HSP Requirements

The GLO shall review and evaluate each HSP prior to contract award and, if accepted, the finalized HSP shall become part of each selected Provider’s contract.

After contract award, the GLO will coordinate post-award meetings with the selected Providers to discuss HSP reporting requirements. The selected Providers must maintain business records documenting compliance with their HSPs and must submit monthly subcontracting reports to the GLO by completing the HUB Prime Contractor Progress Assessment Report. This monthly report is required as a condition for payment to report to the GLO the identity of and the amount paid to all subcontractors. HUB Progress Assessment Reports will be sent to:

hub@glo.texas.gov.

As a condition of award, a selected Provider is required to send a notification to all selected subcontractors identified in the accepted/approved HSP. A copy of the notification must be provided to the HUB Program Office at hub@glo.texas.gov within ten (10) days of the contract award.

Provider shall obtain prior written approval from the GLO before making any changes to the HSP. Proposed changes must comply with the HUB Program good-faith effort requirements relating to the development and submission of a HSP. The requirements for an HSP change request will be covered in the post-award meeting.

Failure to meet the HSP post-award requirements will constitute a breach of contract and will be subject to remedial actions. The GLO may also report noncompliance to the CPA in accordance with the provisions of the Vendor

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Performance and Debarment Program (see 34 TAC §20.585 relating to Debarment and 34 TAC §20.586 relating to Procedures for Investigations and Debarment).

5.5.4 Compliance with Federal Requirements

Provider’s compliance with this section addresses the GLO’s requirement to promote “contracting with small and minority businesses, women's business enterprises, and labor surplus area firms” under 2 C.F.R. § 200.321.

5.6 CONFLICTS

Respondent must disclose any potential conflict of interest it may have in providing the services described in this Solicitation, including all existing or prior arrangements. Please include any activities of affiliated or parent organizations and individuals who may be assigned to manage this account. If Respondent has no conflicts, as described above, Respondent shall so indicate in the appropriate section of the Solicitation Response.

5.7 FINANCIAL CAPABILITY

5.7.1 Financial Capability Review

The awarding of a contract under this Solicitation is contingent upon the potential awardee's demonstration of financial solvency and adequate capitalization. Within three (3) business days of a potential awardee's acknowledgment of a Notice of Intent to Award issued by the GLO, the potential awardee is required to submit:

Annual Reports, as described in Section 5.7.2 of this Solicitation, submitted as one Portable Document Format (.pdf) file; and

One completed Financial Statement Components Worksheet, posted on ESBD with the Solicitation, submitted as a Microsoft Excel (.xlsx) file.

To determine the financial capability of a potential awardee, GLO Financial Management division staff shall review submitted annual reports and any other financial documentation that may be requested by the GLO for solvency, liquidity, and profitability and analyze the entity's accounts receivable and inventory. A more comprehensive list of review factors follows:

• Current ratio • Debt to Equity ratio

• Quick ratio • Capitalization ratio

• Cash ratio • Debt ratio

• Solvency ratio • Operating Profit Margin

• EBIT/Tangible Net Assets • Return on Assets

• Inventory Turnover ratio • Return on Equity

• Days Sales of Inventory • Receivables Turnover ratio

• Altman Z-score • Average Collection Period

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A potential awardee that fails to comply with this Article or that is not financially solvent or adequately capitalized, as determined at the GLO's sole discretion through GLO's financial capability review and affirmed by the GLO's Chief Financial Officer or his or her designee, may be deemed by the GLO to not have met the contingency to award.

5.7.2 Annual Reports

a) If a potential awardee is an entity that is required to prepare audited financial statements, the potential awardee shall submit an annual report that includes:

1) The last two years of audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

2) If applicable, the last two years of consolidated statements for any holding companies or affiliates;

3) An audited or un-audited accrual-basis financial statement of the most recent quarter of operation; and

4) A full disclosure of any events, liabilities, or contingent liabilities that could affect the potential awardee’s financial ability to perform the awarded contract.

b) If a potential awardee is a privately-owned entity or sole proprietorship for which audited financial statements are not required, the potential awardee shall submit an annual report that includes:

1) The last two years of un-audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

2) An audited or un-audited accrual-basis financial statement of the most recent quarter of operation; and

3) A full disclosure of any events, liabilities, or contingent liabilities that could affect the potential awardee's financial ability to perform the awarded contract;

OR

4) Other financial information sufficient for the GLO, in its sole judgement, to determine if the potential awardee is financially solvent and adequately capitalized.

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As part of the financial capability review process, the GLO may request additional or clarifying information from any potential awardee. Personal financial statements and pro-forma financial statements will not be accepted as supporting documentation to the Financial Statement Components Worksheet and other documentation provided by a potential awardee. The GLO, at its discretion, may accept a Dun & Bradstreet Business Credit Report from a smaller potential awardee.

A potential awardee must provide a completed Financial Statement Components Worksheet and balance sheet, income statement, and statement of cash flows for the potential awardee only as a stand-alone entity; parent or related party financials will not be considered. If a potential awardee presents consolidated or combined financial statements including its parent company's or a related party's financials and is unable to provide stand- alone Annual Reports, the GLO may proceed with the financial capability review process; however, all entities for which financial information is presented in the documentation must sign an awarded contract.

If a potential awardee is a joint venture, an official document memorializing the relationship between participating entities must be presented. The percentage of the risk burden to be borne by each party must be indicated. Each party of the joint venture must be evaluated separately through the financial capability review process, and the weighted average of the parties' scores will be attributed to the joint venture. All entities participating in a joint venture must sign an awarded contract.

5.8 REFERENCES

Respondent shall provide a minimum of three (3) non-GLO references for projects of similar type and size performed within the last three years, preferably for state and/or local government entities. The GLO reserves the right to check references prior to award. Any negative responses received may be grounds for disqualification of the Solicitation Response.

Respondent must verify current contacts. Information provided shall include:

a) Client name;

b) Project description;

c) Total dollar amount of project;

d) Key staff assigned to the referenced project that will be designated for work under this Solicitation; and

e) Client project manager name, telephone number, and e-mail address.

The GLO checks references by e-mail. Respondents who do not provide accurate e-mail addresses waive the right to have those references considered in the evaluation of their Solicitation Responses.

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ARTICLE VI. COST PROPOSAL

6.1 COST PROPOSAL

Cost information must not be included with Respondent’s narrative proposal. Respondent shall propose pricing using the pricing schedules below.

The Pricing Schedule quantities are for response evaluation purposes only. However, the quotes will be firm fixed unit prices for any Work Orders issued under a contract awarded from the solicitation. No guarantee that any Work Order will be issued or of any minimum or maximum purchase is made or implied.

Respondent shall note the unit price for each language service offered.