ESBD_367812_1724246493713_Addendum 3 RFP 3202500032 Civil Rights Investigator.pdf

Addendum # 3 Issue date 08/21/2024

Request For Proposal (RFP) Solicitation Name RFP No. 3202500032

Owner:

Texas Workforce Commission

101 East 15th Street, Austin, Texas 78778 Purpose:

1. Addendum 3-Questions and Answers

2. Amended RFP-Section 2.2 Description of Services/Scope of

Work/Specifications, Item #6. Added “Interviews may be conducted in person and/or by telephone".

Response due date 8/28/2024 by 10:00am CT.

THIS ADDENDUM FORMS A PART OF THE CONTRACT DOCUMENTS.

ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED BELOW

AND SUBMIT WITH THE RESPONSE, FAILURE TO DO SO MAY DISQUALIFY

RESPONDENT.

Respondent’s Signature of Acknowledgement

Date: ______________

Respondent must include this page, signed, and dated, with their RFP submission response.

Questions and Answers

RFP 3202500032

Civil Rights Investigator

Respondent must submit questions using this template, including the specific Solicitation document, section and page number related to each question.

TWC will respond in the same format and will include an Amended RFP if needed. The answers refer to a specific location in the Solicitation whenever possible. If similar questions are asked, TWC may reference a response to another question.

No.

Solicitation Document/Section

Page Question Answer

1.

RFP/Section 2.2 Description of Services/Scope of Work/Specifications and Section 2.3 Knowledge, Skills and Abilities

9-10 Can the interview be conducted via telephone?

Interviews may be conducted by phone and/or in person depending on need

2.

RFP/Section 2.2 Description of Services/Scope of Work/Specifications and Section 2.3 Knowledge, Skills and Abilities

9-10

Could you provide an estimate of the number of investigations expected?

It depends on the experience of the investigator, we assign no more than three at a time.

3.

RFP/Section 3.20 Payment

Is the pricing model based on labor rates or a fixed fee?

Fixed based on type of investigation and/or outcome

4.

Is there a current incumbent for this contract?

Yes

No.

Solicitation Document/Section

Page Question Answer

5.

Is there a defined budget for this project?

TWC does not provide budget amounts for competitive procurements.

6.

Will the RFQ also evaluate submissions based on adherence to the Texas Occupations Code, Section 1702.221, mandating a PI license or performance of investigative services under the practice of law through a law firm?

No

RFP No. 3202500032 May 2024 Page 1 of 44

Bryan Daniel, Chairman

Jose A. “Joe” Esparza, Commissioner

Albert Treviño III, Commissioner

Request for Proposals (RFP) for

Civil Rights Investigator

RFP No. 3202500032

Date of Release: July 11, 2024

Proposals Due: August 28, 2024 by 10:00 a.m. Central Time

NIGP Class/Item Codes

961-05

952-31

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

Gaye Smith, CTCD, CTCM Purchaser

TWC Bonfire Portal (Bonfirehub.com) https://twc-texas-gov.bonfirehub.com/portal/?tab=openOpportunities

RFP No. 3202500032 May 2024 Page 2 of 44

TABLE OF CONTENTS

Table of Contents

Definitions

Article I. Purpose, Authority and Schedule of Events

1.1. Purpose

1.2. Authority

1.3. Schedule of Events

Article II. Scope of Work

2.1. Overview/Background

2.2. Description of Services/Scope of Work/Specifications

2.3. Knowledge, Skills and Abilities……………………………………………………… 10

Article III. General Information

3.1. Terms and Conditions

3.2. Contract Award

3.3. Contract Execution

3.4. Contract Term

3.5. Contract Amendments

3.6. No Guarantee of Volume, Usage, or Compensation

3.7. Governmental Entities

3.8. Offer Period

3.9. Costs Incurred

3.10. Public Information Act – Respondent Proposal

3.11. Public Information Act – Contract Award

3.12. Respondent Waiver – Intellectual Property

3.13. Sanctions and Remedies

3.14. Liquidated Damages

3.15. Changes in Ownership or Financial Condition

3.16. Severability

3.17. Data Use Standards and Requirements

3.18 Historical Compensation

3.19. Method of Acceptance

3.20. Payment

3.21. Invoices

3.22. Protests

RFP No. 3202500032 May 2024 Page 3 of 44

3.23. Franchise Tax Right To Transact Business in Texas

Article IV. Proposal Process

4.1. Inquiries

4.2. Pre-Proposal Conference

4.3. Proposal Composition

4.4. Proposal Submission and Delivery

4.5. Additional Information

4.6. Ambiguity, Conflict, or Discrepancy

4.7. Changes, Modifications, and Cancellation of Solicitation

Article V. Proposal Evaluation and Award Process

5.1. Written Proposal Evaluation

5.2. Conformance with State Law

5.3. Evaluation Process Overview

5.4. Initial Compliance Screening

5.5. Minimum Qualifications

5.6. Written Proposal Evaluation Criteria

5.7. Best and Final Offer (BAFO)

5.8. Final Written Response Score and Total Score

5.9. Summary of Best Value Determination

5.10. Requests for Clarification

5.11. Advancement Criteria

Article VI. Required Proposal Information

6.1. Narrative Proposal

6.2. References and Past Project Performance

6.3. Financial Soundness

6.4. Execution of Response

6.5. Corporate Guarantee

6.6. HUB Subcontracting Plan

6.7. Offered Options

6.8. Optional Proposal Submission Checklist

6.9. Subcontractor Information

LIST OF ATTACHMENTS AND FORMS

RFP No. 3202500032 May 2024 Page 4 of 44

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 as a notification to the ESBD and uploaded to the TWC Bonfire Portal 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) or “TWC Bonfire Portal” means the online platform used by TWC for publishing solicitations informing vendors of procurement opportunities and response requirements and providing 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.

RFP No. 3202500032 May 2024 Page 5 of 44

“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 Options” 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 Offered Options 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.

http://www.txsmartbuy.com/esbd

RFP No. 3202500032 May 2024 Page 6 of 44

“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

RFP No. 3202500032 May 2024 Page 7 of 44 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 accepting qualifications to establish a contract to provide services to investigate employment and housing discrimination complaints before the TWC Civil Rights Division.

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 § 2156.001

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. Respondent is required to sign and return an Addendum or Addenda with the Proposal.

http://www.twc.texas.gov/

RFP No. 3202500032 May 2024 Page 8 of 44

EVENT DATE and TIME

Solicitation package uploaded to Bonfirehub.com with notification posted to

ESBD

JULY 11, 2024

Pre-Proposal Conference

Attendance is Optional

JULY 24, 2024 at 2:00 PM Central Time

Deadline for Submitting Written Questions via Bonfirehub.com

JULY 29, 2024 at 5:00 PM Central Time

Estimated Date Responses to Written Questions will be uploaded to Bonfirehub.com and a notification posted on ESBD

AUGUST 21, 2024 at 5:00 PM Central Time

Deadline for Submission of Proposals (NOTE: Proposals must be RECEIVED by TWC by the deadline via Bonfirehub.com)

AUGUST 28, 2024 at 10:00 AM Central Time

Anticipated Notice of Intent Notification September 26, 2024

Anticipated Contract Start Date OCTOBER 31, 2024

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 a notification of an Addendum posted to the ESBD and Bonfirehub.com. After receipt of Proposals, only the names of Respondents will be made public upon request.

ARTICLE II. SCOPE OF WORK

2.1. OVERVIEW/BACKGROUND

Respondent should provide a detailed description of their experience in investigations. Respondent should provide previous employment that included investigations or law enforcement. Finally, respondent should

RFP No. 3202500032 May 2024 Page 9 of 44 provide documentation for training completed in the functional areas of investigations or law enforcement.

2.2. DESCRIPTION OF SERVICES/SCOPE OF WORK/SPECIFICATIONS

1. Work is performed with general oversight for contract compliance from a TWC contract manager. Investigations are performed in consultation with TWC Civil Rights Division (CRD) managers and supervisors, with considerable latitude for the use of initiative and independent judgment.

2. Conducts intake to gather information from callers who have complaints alleging violations of Equal Employment Opportunity (EEO) employment law and/or Fair Housing law.

3. Determines jurisdiction and refers customers to federal, state and local agencies as appropriate.

4. Drafts complaints of discrimination and/or amendments and conducts investigations into allegations within jurisdiction.

5. Uses phone, email, fax, mail, and personal interaction with complaining party, responding party, and their representatives to gather initial facts and information regarding potential violations.

6. Plans, organizes and conducts investigations by personal contact, examination of records, performing desk reviews, interviewing potential witnesses and if necessary, on-site investigations. Interviews may be conducted in person and/or by telephone.

7. Issues Requests for Information and drafts and processes subpoenas as necessary.

8. Attempts pre-determination and post-determination settlement/ conciliation with all parties.

9. Recommends administrative dismissal, cause, or no cause in written reports of determination.

a. Evaluates, summarizes, accurately documents investigative activities, findings, maintains organized hard copy and electronic case files.

b. Prepares case files for presentation of EEO reasonable cause recommendations to Commissioners.

c. Presents testimony, evidence, and findings in meetings with Commissioners, in court.

d. Prepares weekly and monthly reports while managing multiple cases

RFP No. 3202500032 May 2024 Page 10 of 44 concurrently. Reports shall be submitted via email to the assigned TWC supervisor.

e. Interacts with hostile or challenging customers and situations, demonstrates excellent verbal and written communication skills, and maintains professionalism and confidentiality while working with all contacts.

f. Performs work in a fast paced, high volume, multiple priority, challenging and busy environment.

10. Any/all persons involved in EEO investigations for TWC must undergo a background check as noted in Terms and Conditions 2.31.

11. TWC will provide necessary computer equipment, as determined by TWC, to complete the contracted work and to allow access to TWC programs and information resources.

2.3. KNOWLEDGE, SKILLS AND ABILITIES

1. Respondents must meet minimum qualifications such as a minimum of one (1) complete year of full-time experience as an EEO or Fair Housing investigator, EEO representative/officer, labor & employment, or similar field involving interviewing, gathering facts, and interpretation of civil rights laws and policies.

2. Provide demonstrated experience for projects of similar complexity.

3. Ability to type at least thirty-three (33) words per minute is strongly preferred.

4. Prior state or federal government experience in civil rights preferred.

5. Bilingual in English/Spanish is preferred.

6. Graduation from an accredited four-year college or university plus three

(3) years of full-time experience performing auditing or investigating work; or gathering of information, interviewing, counseling, or in the instruction, demonstration, and interpretation of policies in a public or private enterprise.

7. Twelve (12) semester hours of graduate study from an accredited college or university may be substituted for each year of the required qualifying experience. A doctorate degree from an accredited college or university will satisfy the minimum qualifications. Experience and education may be substituted for one another.

8. Evidence of three (3) or more complete years of full-time civil rights investigation experience by providing a resume.

9. Provide contact information for three (3) professional references for

RFP No. 3202500032 May 2024 Page 11 of 44 whom the Respondent has provided similar requested services.

10. Evidence of investigation of at least six (6) or more cases involving one

(1) or more of the following statutes in the past four (4) years serves as evidence of greater relevant experience:

• Texas Labor Code, Chapter 21.

• Title VII of the Civil Rights Act of 1964, as amended.

• Civil Rights Act of 1991.

• The Age Discrimination in Employment Act of 1967, as amended.

• Equal Pay Act of 1963, as amended.

• Americans with Disabilities Act of 1990, as amended.

• Texas Fair Housing Act

• U.S. Fair Housing Act

11. Evidence of cause determinations or potential cause determinations approved by management that conciliated/settled.

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 Contract as a result of this Solicitation.

TWC reserves the right to make multiple awards for the same or similar services to one (1) or more vendors.

TWC does not guarantee investigative services for any awarded vendor.

TWC reserves the right to not make an award for this Request for Proposal

RFP No. 3202500032 May 2024 Page 12 of 44

(RFP).

A written notice of Contract Award will be posted on the ESBD, the TWC Bonfire portal and notification 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 thirty (30) 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 8/31/2025. At the end of the initial Term, TWC will have the sole option to renew the term of the Contract for three (3) 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. CONTRACT AMENDMENTS

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

RFP No. 3202500032 May 2024 Page 13 of 44

3.6. 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.

3.7. 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.

3.8. OFFER PERIOD

Proposals shall be binding for a period of one hundred and eighty (180) days 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.

3.9. 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

RFP No. 3202500032 May 2024 Page 14 of 44

Respondent, and will not be reimbursed in any manner by the State of Texas.

3.10. 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).

a. Mark Original Proposal:

1. Mark the top of the front page with the words “CONTAINS CONFIDENTIAL INFORMATION” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger);

2. Mark the bottom of each page that contains information that Respondent claims is exempt from public disclosure with the words

“CONTAINS CONFIDENTIAL INFORMATION”;

3. Identify, adjacent to each portion of the Proposal that Respondent claims is exempt from public disclosure, the claimed exemption from disclosure. Vague and general claims to confidentiality will not be acceptable (NOTE: no redactions are to be made in the Original Proposal;

b. Mark a separate Public Information Act Copy of Proposal:

RFP No. 3202500032 May 2024 Page 15 of 44

1. Mark the copy at the top of the front page with “Public Information Act Copy” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger);

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

3. Identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required by this subsection (b) must be identical to the redactions identified in subsection (a)(3), above. The only difference in required markings and information between the Original Proposal and the “Public Information Act Copy” of the Proposal will be redactions, which can only be made in the “Public Information Act Copy.” There must be no redactions in the Original Proposal.

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

RFP No. 3202500032 May 2024 Page 16 of 44 of confidential information constitutes failure to comply with the requirements set forth in this section.

3.11. 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.

3.12. 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.

RFP No. 3202500032 May 2024 Page 17 of 44

3.13. SANCTIONS AND REMEDIES

3.13.1. General

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

3.13.2. 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.

3.13.3. 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.

3.13.4. 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

3.15 (Change in Ownership or Financial Condition) may result in the Successful Respondent being assessed Sanctions in the amount of one hundred dollars ($100) per incident.

RFP No. 3202500032 May 2024 Page 18 of 44

3.13.5. Failure to Comply with Disclosure Requirement.

The failure of the Successful Respondent to comply with the disclosure requirement in Attachment 1 - Terms and Conditions, Section 2.3 may result in the Successful Respondent being assessed Sanctions in the amount of one hundred dollars ($100) per incident.

3.13.6. 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, Section 2.31 may result in the Successful Respondent being assessed Sanctions in the amount of one thousand dollars ($1000) per day for each day the records/information are not produced, or answers are not provided.

3.13.7. 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, Sections 2.15-2.17 or requested pursuant to Attachment 1 - Terms & Conditions, Section 2.39 may result in the Successful Respondent being assessed Sanctions in the amount of one thousand dollars ($1000) per day for each day the records/information are not produced, or answers are not provided.

3.14. 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

RFP No. 3202500032 May 2024 Page 19 of 44 liquidated damages in lieu of any monetary damages available to TWC under the Contract or applicable law.

3.14.1 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.

3.14.2 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

RFP No. 3202500032 May 2024 Page 20 of 44 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.

3.15 CHANGES IN OWNERSHIP OR FINANCIAL CONDITION

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. Successful Respondent must also notify TWC in writing of any change in financial condition as soon as possible, but no later than ten (10) days after its occurrence.

The failure to notify TWC of a change of ownership or control or change in financial condition will be sufficient ground for rejecting the Proposal or terminating the Contract. For the purposes of this section, examples of a substantial change in financial condition are events such as insolvency, bankruptcy or receivership.

3.16. SEVERABILITY

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

3.17. DATA USE STANDARDS AND REQUIREMENTS

By entering into a Contract or purchase order with the Agency as a result of this Solicitation, Respondent agrees to be bound by the terms of the Data Use Agreement (DUA) attached as Attachment 4 - Data Use Agreement.

RFP No. 3202500032 May 2024 Page 21 of 44

The Successful Respondent must complete and return Attachment B of Attachment 6- Data Use Agreement, Security and Privacy Initial Inquiry (SPI) upon notification of award and before a Contract can be executed.

A Successful Respondent awarded a contract shall ensure that all Confidential Information (as defined in the DUA), including such information residing on back-up systems, remains within the United States. Confidential Information shall not be accessed by personnel located outside of the United States. Furthermore, Confidential Information may not be received, stored, processed, or disposed via information technology systems located outside of the United States.

3.18. HISTORICAL COMPENSATION

Historical compensation under Contracts for similar goods or services and similar scope and size to this Solicitation has ranged from $100,000 to $200,000 per Contract Term. TWC reserves the right to adjust any projected amount based on funding during the term of a resulting Contract.

3.19. METHOD OF ACCEPTANCE

In accordance with Texas Government Code, § 2155.322, Agencies are required to inspect and evaluate at the time of receipt all goods and services that the agency receives to determine whether the goods and services comply with the contract under which they were purchased, and certify, if true, that the goods or services comply with the contract requirements and that the invoice for them is correct.

3.20. PAYMENT

TWC will make payment for an EEO investigation in which the EEOC Liaison determines substantial work occurred and is approved by TWC CRD Management. The EEOC Liaison, is the EEOC State, Local, Tribal Program Manager that is responsible for all of the Fair Employment Practices in the state of Texas. Payment for cases in which the EEOC Liaison determines substantial work was performed will not exceed $600.00. The EEOC/FEPA Workshare Agreement is the contract in which TWC has with the EEOC that sets the reimbursement rates and establishes the criteria that must be met in

RFP No. 3202500032 May 2024 Page 22 of 44 order to obtain federal reimbursement for work to be performed under this contract. TWC CRD will make a payment for an administrative dismissal, which does not reflect qualifying credit according to the EEOC/ FEPA Workshare Agreement a fee not to exceed $100.00. For substantial work, a Fair Housing investigation closure will not exceed $1600, and for administrative closures $800.00.

Vendor will be reimbursed under applicable state requirements for travel expenses.https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php

TWC will only pay for resolved cases with an invoice from vendor that includes the date the case was approved for closure by TWC CRD management, the type of case (EEO) and the TWC CRD complaint number.

3.21. INVOICES

Invoices must include:

3.21.1. Vendor’s name; mailing address and e-mail (if applicable);

telephone number and correct remittance address, including city, state, and zip code;

3.21.2. the name and telephone number of a person designated by the Vendor to answer questions regarding the invoice;

3.21.3. TWC’s name, agency number, and delivery address;

3.21.4. TWC Purchaser Order (PO) number;

3.21.5. Contract number or other reference number, if applicable;

3.21.6. a valid Texas identification number (TIN) issued by the comptroller;

3.21.7. an itemized description of the goods or services, in sufficient detail to identify the order or authorization, which relates to the invoice;

3.21.8. unit numbers corresponding to the amount of the invoice, unit cost, and total amount being billed;

3.21.9. discounts, if applicable, must be stated, extended, and deducted to arrive at a Net Total for the invoice;

https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php

RFP No. 3202500032 May 2024 Page 23 of 44

3.21.10. if submitting an invoice after receiving an assignment of a contract, the TIN of the original contractor and the TIN of the successor vendor;

3.21.11. other relevant information supporting and explaining the payment requested, if necessary; and

3.21.12. any other information required by applicable state and federal laws, rules, and regulations.

3.22. PROTESTS

In accordance with Texas Government Code, § 2155.076, TWC has adopted rules for resolving vendor protests relating to the solicitation, evaluation, or award of a contract for goods and/or services. Such protests must be made via email to twcvendor@twc.texas.gov and/or mail and received in the Director of Business Operations’ office within ten (10) business days from the date the protestant knew or should have known of the of the occurrence of the action that is protested, but not later than ten (10) business days of the date of the announcement of the award. The protest must be in writing and contain:(1) the identifying name and number of the Solicitation being protested; (2) identification of the specific statute or regulation that the Protestant alleges has been violated; (3) a specific description of each act or omission alleged to have violated the statutory or regulatory provision identified above in (2); (4) a precise statement of the relevant facts including: (A) sufficient documentation to establish that the protest has been timely filed; and (B) a description of the resulting adverse impact to the Protestant; (5) a statement of the argument and authorities that the Protestant offers in support of the protest; (6) an explanation of the action the Protestant is requesting from the Agency; (7) a statement confirming that copies of the protest have been mailed or delivered to any other Interested Party known to the Protestant; and (8) the protest must be signed by an authorized representative for the Protestant and the signature notarized. TWC will make available to the protestor all requested documents not exempted from disclosure under Texas and federal law.

TWC will provide copies of these documents upon payment of the fees adopted by TWC for record duplication. The Director will issue the final written decision to the protestor. TWC may move forward mailto:twcvendor@twc.texas.gov

RFP No. 3202500032 May 2024 Page 24 of 44 with a Solicitation or contract award without delay, in spite of a timely filed protest, to protect the best interests of the Agency or the state.

3.23. 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

4.1. INQUIRIES

4.1.1 Sole Point of Contact

The Sole Pont of Contact for this Solicitation is:

Gaye Smith, CTCD, CTCM Purchaser

All requests, questions, or other communication about this Solicitation must be submitted through the Bonfire Portal at bonfirehub.com and will be directed to the Sole Point of Contact.

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 https://comptroller.texas.gov/taxes/franchise/

RFP No. 3202500032 May 2024 Page 25 of 44 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 Written Questions

TWC will allow written questions regarding this Solicitation. Questions must be submitted in accordance with Section 4.1.1 Sole Point of Contact by the deadline established in Section 1.3 (Schedule of Events) Include the Solicitation section and page number to which each question applies.

TWC will post to ESBD and the TWC Bonfire Portal the Questions & Answers and, if appropriate, an Amended Solicitation by the deadline established in Section 1.3 (Schedule of Events). Responses to questions 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). If amended, a notification of the amended answers will be posted on ESBD and Bonfire. It is the Respondent’s responsibility to check the 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 received by the deadline in Section 1.3 (Schedule of Events) will be reviewed by TWC. Only TWC’s written answers posted to Bonfire to questions submitted to the Sole Point of Contact in writing, in accordance with this section, are binding.

4.2. PRE-PROPOSAL CONFERENCE

TWC will conduct a Pre-Proposal Conference. A prospective Respondent should plan to 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.

RFP No. 3202500032 May 2024 Page 26 of 44

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.

The webinar logs (virtual) for attendance 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 identified in Section 4.1.1 (Sole Point of Contact) at least seventy-two

(72) hours before the meeting in order to have reasonable accommodations made by TWC.

Conference Call Information:

1. A conference will be held on the date and time specified in RFP Section

1.3. (Schedule of Events).

To reserve a conference seat, register:

https://zoom.us/webinar/register/WN_oTuoYRmARWqTprLDEA0IJA?amp_ device_id=ec927f7d-14d8-4489-9b32-4e56760f2a96

2. After registering, you will receive a confirmation email containing information about joining the Conference.

https://zoom.us/webinar/register/WN_oTuoYRmARWqTprLDEA0IJA?amp_device_id=ec927f7d-14d8-4489-9b32-4e56760f2a96 https://zoom.us/webinar/register/WN_oTuoYRmARWqTprLDEA0IJA?amp_device_id=ec927f7d-14d8-4489-9b32-4e56760f2a96

RFP No. 3202500032 May 2024 Page 27 of 44

4.2.3 Questions at the Pre-Proposal Conference

a. Attendees may submit questions in writing at the conference according to the instruction provided by TWC. All questions must be in the required format and include the information as referenced in Section 4.1.3 (Written Questions).

b. During the Pre-Proposal Conference, TWC may provide responses to questions, but only written responses will be posted in the TWC Bonfire Portal as an Addendum to the Solicitation. A Notification of the written responses will be posted on ESBD. Only written responses will be considered an official, binding update to the Solicitation.

c. TWC reserves the right to amend, prior to the Proposal Deadline, answers previously posted. Amended answers will be posted in the TWC Bonfire Portal and a notification of the amended answers will be posted on ESBD.

Notification of posting will be in accordance with Section 1.3 (Schedule of Events).

d. Unauthorized communications with TWC other than the Sole Point of Contact identified in Section 4.1.1 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.

4.3. PROPOSAL COMPOSITION

4.3.1 General Information

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.

RFP No. 3202500032 May 2024 Page 28 of 44

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 submit its Proposal in accordance with this Solicitation 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 Public Information Act Proposal (see Section 3.12) as the “Original,” or only Proposal, 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.

RFP No. 3202500032 May 2024 Page 29 of 44

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 pursuant to Section 4.1.3 (Written Questions).

Any exception…