ESBD_368528_1721335863954_Final_POD RecommendationEdits_332-RFP24-1006.pdf

332-RFP24-1006 Page 1 of 31

Texas Department of Housing and Community Affairs

Request for Proposals 332-RFP24-1006 for

Recording and Transcription Services By Texas Department of Housing and Community Affairs

Anticipated Schedule of Events Date RFP Issuance: July 18, 2024 Written Questions Due: July 23, 2024 Response to Questions Post: July 26, 2024 Proposals Due: August 8, 2024 Contract Execution: Sept 1, 2024

Commencement of Work: Sept 1, 2024

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TABLE OF CONTENTS

PART I GENERAL INFORMATION

1.1 Introduction

1.2 Background

1.3 Definitions and Acronyms

PART II SCOPE OF WORK

2.1 Service Description

2.2 Term of Contract

2.3 Limitation of Authority

PART III GENERAL INFORMATION

3.1 Authority

3.2 TDHCA Rights

3.3 Respondent Obligations

3.4 Successful Respondent Obligations

3.5 Schedule of Events

3.6 Issuing Office

3.7 Submission of Questions

3.8 Deadline for Submission of Proposals; Delivery Instructions; Number of Copies Required

3.9 Confidential Information; Nondisclosure; Open Records

3.10 Media Releases

3.11 Non-exclusivity

3.12 Incorporation of Exhibits

3.13 Transition of Services

PART IV PROPOSAL FORMAT

4.1 Introduction

4.2 General Organization of Proposal Contents

PART V PROPOSAL EVALUATION AND SELECTION

5.1 Evaluation Process

5.2 Selection Criteria

5.3 Respondent’s Past Performance

5.4 Protest Procedures

EXHIBIT A TERMS AND CONDITIONS Document uploaded separately

EXHIBIT B EXECUTION OF PROPOSAL

EXHIBIT C HUB SUBCONTRACTING PLAN Document uploaded separately

EXHIBIT D NONDISCLOSURE AGREEMENT

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EXHIBIT E CONFLICT OF INTEREST STATEMENT

EXHIBIT F CERTIFICATION REGARDING PUBLIC NATURE OF THE PROPOSAL

EXHIBIT G VENDOR REFERENCE QUESTIONNAIRE

EXHIBIT H EXAMPLE OF BOARD TRANSCRIPT…..Document uploaded separately…………………………………………………………………………31

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PART I

GENERAL INFORMATION

1.1 Introduction

The Texas Department of Housing and Community Affairs (TDHCA) was created pursuant to Chapter 762, Acts of the Seventy-second Legislature of the State of Texas, Regular Session, 1991, as designated in Chapter 2306, Government Code in part to increase the supply of affordable housing for low- and moderate-income Texans. The Bond Finance Division of TDHCA issues tax-exempt and taxable bonds as well as other alternative types of funding to finance single-family housing.

TDHCA is governed by a six-member Board appointed by the Governor with the advice and consent of the Senate serving staggered six-year terms with the terms of three directors expiring on January 31 of each odd-numbered year. Members may be re-appointed.

As a result of this RFP (Request for Proposal), TDHCA anticipates executing a contract with the Successful Respondent to perform the services and the contract, if any, resulting from it (the “Contract”). The time and number of Contracts resulting from this RFP and all procedures relating to such Contracts are within the discretion of TDHCA. Successful Respondent, as an independent contractor, shall provide services under the Contract, at its facilities and with its own personnel.

1.2 Background

The Texas Department of Housing and Community Affairs is looking for a qualified vendor(s) to provide recording and transcription services for all TDHCA Governing Board Meetings, TDHCA Manufactured Housing Division Governing Board meetings and other non-governing board meetings as needed conducted by TDHCA staff. Service period will be date of contract award through August 31, 2025. TDHCA reserves the right to select one or more respondents through this RFP.

1.3 Definitions and Acronyms

TDHCA. Texas Department of Housing and Community Affairs.

CT. Central Time.

Fiscal Year. The State of Texas and TDHCA’s fiscal year that begins on September 1 and ends on August 31.

PART II

SCOPE OF WORK

2.1 Service Description

The Successful Respondent shall provide services as described in this Section and in compliance with all requirements of this RFP and the Contract. Any deviations from these specific requirements must be approved by TDHCA and the Successful Respondent in writing that specifically refers to the requirement and the reason for approval of the deviation.

TDHCA will consider approving written requests for such deviations if TDHCA determines, in its sole discretion, that such deviations are consistent with applicable law and in the best interests of TDHCA. Further, any decrease in the level of services must be accompanied by a decrease in approved fees. All services must be provided at a highly competitive fee level, i.e., at a fee level that will provide the best value to TDHCA when all evaluation criteria are considered. TDHCA reserves the right, in its sole discretion, to enter into preliminary negotiations with more than one of the top Respondents.

TDHCA may choose to award this solicitation to more than one respondent.

The Successful Respondent must be qualified and able to provide all of the services required by the Department.

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2.1.1 Minimum Requirements

1. Experience: Successful Respondent must describe years of experience providing recording and transcription services and submit an example meeting transcription document.

2. Experience with State Agencies/Public Entities: Successful Respondent must describe experience with recording and transcription services with meetings for State Agencies, Board Meetings, and Committee Meetings. This may be provided in summary form.

3. References: Successful Respondent must provide (3) references from State Agencies or Public Entities for which services have been provided. See Exhibit G.

4. ADVANCE NOTICE:

Successful Respondent can be available within _______ days advanced notice for Austin and surrounding area meetings. Successful Respondent can be available within _______ days advanced notice for meetings requiring overnight travel arrangements.

2.1.2 SCORING GRID

Years of Experience in providing recording and transcription services

30 points

Experience with State Agencies and Public Entities 15 points References 10 points Cost Estimate 40 points Advance Notice (# of days) 5 points TOTAL POSSIBLE SCORE 100 Points

2.1.3 General Services

Successful Respondent to provide recording and transcription services for all TDHCA Governing Board meetings, TDHCA Manufactured Housing Division Governing Board meetings and other non-governing board meetings as needed conducted by TDHCA staff, including those held outside the city of Austin. At times, there will be meetings conducted in cities throughout the state of Texas. These meetings may be in person or virtual.

Successful Respondent will provide for each meeting one (1) hard copy (when requested) and one (1) electronic copy in Word to be sent via email. Email address to submit the transcription will be provided at the time of request.

Successful Respondent will provide transcripts both hardcopy (if requested) and electronic copy, within seven (7) to ten

(10) business days from date of the meeting. Transcript cover page should include the full title of TDHCA, meeting location, date, member attendees and guests. The following page should include the meeting agenda (provided by TDHCA). The body of the transcript should identify all speakers by name first followed by the time in parentheses. Each time a new speaker is identified that section should began as a new paragraph with each speaker individually separated. Vendor should proofread script to make certain that if using auto-captured speech-to-text that their software program has recorded valid words in full sentence format. Vendor should also ensure that sentences in the script are properly punctuated and match what was said, see EXHIBIT H.

Successful Respondent will only accept assignments from designated staff. Once awarded TDHCA will provide contact information of designated staff. Any assignment acceptance, other than from the designated staff, could constitute risk on the successful respondent’s part.

Successful Respondent will be available to attend all TDHCA Governing Board, Manufactured Housing Division Governing Board and other non-governing board meetings as needed given at least 10 days notice by TDHCA. Successful Respondent will make every attempt to be available given less than 10 days notice.

On an as-needed basis, Successful Respondent will transcribe audio recordings of departmental meetings submitted via

332-RFP24-1006 Page 6 of 31 agreed upon audio format e.g. Windows Media, MP4, WAV file. Respondent is responsible for providing recording equipment for this service.

TRAVEL REIMBURSEMENT: Travel expenses will be reimbursed based on the State of Texas Comptroller’s travel reimbursement guide. Should these rates change during the duration of this contract, the most current rates will be effective.

Meals/Lodging: Visit Texas Comptrollers Office website @ https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php.

Mileage: Mileage for travel in a personal vehicle will be based on the current rates. For current mileage reimbursement rates please visit https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php

Rental Car: Full Size or smaller. Receipts must be submitted with the Invoice. Gas reimbursement receipts are required.

Airfare: charges will be reimbursed at the actual cost. Receipts must be submitted with the invoice.

2.2 Term of Contract

If a Contract is awarded, the initial term of the Contract is expected to begin September 1, 2024 , or as soon thereafter as practical, and to terminate August 31, 2025. In accordance with the terms of the Contract, TDHCA has the option, in its sole discretion, to extend the contract for three (3) additional years, one (1) year at a time through August 31, 2028.

A Contract awarded under this RFP, if any, shall incorporate this entire RFP. TDHCA reserves the right, in its sole discretion, to make a contract award without negotiation of these provisions. In the event TDHCA requires negotiations with Respondents, any modifications or clarifications agreed to with Successful Respondent during contract negotiations shall also be incorporated into the final, executed Contract. Each Respondent must review these terms and conditions in Exhibit A and otherwise in this RFP and must address any concerns or issues in its transmittal letter. Terms and conditions not specifically objected to in the transmittal letter will be deemed to be accepted by Respondent. TDHCA has final approval of any contract awarded as a result of this RFP.

2.3 Limitation of Authority

Successful Respondent shall have no authority to act for or on behalf of TDHCA, or the State of Texas except as expressly provided for in the Contract; no other authority, power, use, or joint enterprise is granted or implied. Successful Respondent may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of TDHCA or State of Texas.

PART III

GENERAL INFORMATION

3.1 Authority

This RFP is issued pursuant to Chapter 2155, Section 2155.001; Section 403.011; and Chapter 2156, Section 2156.121, of the Texas Government Code; and Chapter 54, Subchapter F, Sections 54.602, 54.618, 54.637, 54.640 and 54.642 and Subchapter H, Sections 54.752. 54.767, 54.770, 54.777 and 54.778, of the Texas Education Code.

3.2 TDHCA Rights

In the best interest of TDHCA and the State, the Department, in its sole discretion, may amend or modify any provisions of this RFP, or withdraw this RFP at any time prior to award of a Contract. TDHCA reserves the right, in its sole discretion, to reject any or all submitted Proposals or to select one or more qualified Respondents to this RFP without discussion of Proposals with the respective Respondents. The decision of TDHCA, or its designee with regard to the above, shall be administratively final. TDHCA, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in Proposals received. All Proposals shall become a part of TDHCA’s official procurement files and may be available for public inspection upon request after the Procurement process is completed.

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3.3 Respondent Obligations

Respondents to this RFP are responsible for any expense related to the preparation and submission of a Proposal. TDHCA shall not pay for any cost that is incurred by Successful Respondent prior to the effective date of the Contract. Qualified firms with the requisite experience are invited to submit Proposals in accordance with this RFP. Proposals must address all requirements and/or specifications.

3.4 Successful Respondent Obligations

TDHCA shall look solely to Successful Respondent for performance of the Contract. Successful Respondent shall provide the requested services under the direction of TDHCA. Successful Respondent shall be the sole point of Contract responsibility. Successful Respondent shall be liable, both individually and severally, for the performance of all obligations under the awarded contract and shall not be relieved of the non-performance of any subcontractor.

3.5 Schedule of Events

TDHCA anticipates that the selection of Successful Respondent and execution of the Contract, if any, will proceed according to the following approximate schedule:

July 18, 2024 - Issuance of RFP (after 10:00 a.m. CT)

July 23, 2024 - Deadline for Submission of Questions (4:00 p.m. CT)

July 26, 2024 - Electronic Posting of Official Responses to Questions (or as soon thereafter as practical)

August 8, 2024 - Deadline for Submission of Proposals (2:00 p.m. CT) (Late Proposals will not be considered)

September 1, 2024 - Contract Execution (or as soon thereafter as practical)

September 1, 2024 - Commencement of Work (or as soon thereafter as practical)

The times stated in this document refer to Central Time (“CT”), Austin, Texas, where appropriate. TDHCA’s regular office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except national and official State of Texas holidays. All deadlines are subject to change at TDHCA’s sole discretion.

Notices of changes to items directly impacting the original RFP or proposal process will be posted on the ESBD at:

http://www.txsmartbuy.com/esbd. Any amendment to this solicitation will be posted as an addendum on the ESBD. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a Proposal. Respondent’s failure to periodically check the ESBD for updates will in no way release Successful Respondent from compliance with any requirements in the “addenda or additional information,” even if such compliance results in additional costs to meet the requirements.

3.6 Issuing Office

TDHCA, through its Purchasing Section, is the Issuing Office and the sole point of contact for this RFP. The Purchasing Section is the only office authorized to clarify, modify, amend, alter, or withdraw the specifications, terms, and conditions of this RFP and any contract awarded as a result of this RFP. Upon issuance of this RFP, other employees and representatives of TDHCA shall not answer questions or otherwise discuss the contents of this RFP with any Respondents or their representatives. Failure to observe this restriction may result in disqualification of any pending or subsequent Proposal. This restriction does not preclude discussions unrelated to this RFP or questions relating to completing the HUB documents required in Section 4.2.K. Except as otherwise indicated, all communications concerning this procurement must be in writing and addressed to the Issuing Office as follows:

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Suzanne Saucedo, Purchaser E-mail: suzanne.saucedo@tdhca.texas.gov

Mailing address, via U.S. Postal Service (“USPS”) only:

Suzanne Saucedo, Purchaser Texas Department of Housing and Community Affairs

221 E 11th Street Austin, Texas 78701

3.7 Submission of Questions

Respondents may submit questions by email to the Issuing Office no later than 4:00 p.m. by the deadline set forth in the Schedule of Events. Questions concerning this RFP must be in writing and addressed to the Issuing Office at the above email address. On or about the date set forth in the Schedule of Events, TDHCA expects to electronically post answers to the written questions on the ESBD located at: http://www.txsmartbuy.com/esbd.

3.8 Deadline for Submission of Proposals; Delivery Instructions; Number of Copies Required

One (1) original hard copy, three (3) digital copy of the response in PDF format on thumb drives must be submitted to the mailing address in Section 3.6 (Issuing Office). The response must be received in the issuing office no later than 2:00 p.m.

on the deadline set forth in the schedule of events. Facsimiles will not be accepted.

Late Proposals will not be considered under any circumstances.

Respondents are solely responsible for verifying TDHCA’s receipt of all proposals by the deadline specified above. TDHCA shall not be liable or responsible for any costs whatsoever incurred in submission of a proposal.

Faxed Proposals are not acceptable and will not be considered.

If sending a proposal via USPS by regular mail, certified mail, or express mail, it is incumbent upon Respondent to allow sufficient time to permit timely delivery by the USPS and by mail services internal to TDHCA. A USPS postmark or round validation stamp, a mail receipt with the date of mailing stamped by the USPS, a dated shipping label, invoice, or receipt from a commercial carrier, or any other documentation in lieu of the Issuing Office on-site time stamp WILL NOT be accepted.

Under Section 322.020 of the Texas Government Code, the Legislative Budget Board (“LBB”) has implemented a database of State agency contracts. (See the LBB website at www.lbb.texas.gov.) TDHCA will upload to the LBB’s contract database the text of the complete Contract, including Successful Respondent’s Proposal (with limited redaction and appendix) after the date of Contract award. In submitting a Proposal, Respondent acknowledges that it understands and accepts this requirement.

3.9 Confidential Information; Nondisclosure; Open Records

All information gathered, produced, derived, obtained, analyzed, controlled or accessed by Respondent in connection with a contract resulting from this RFP (“Confidential Information”) shall be and remain Confidential Information and shall not be released or disclosed by Respondent without the prior written consent of the Department. Such consent must specifically identify the Confidential Information allowed to be disclosed by Respondent and the nature of the disclosure allowed.

Respondent must execute and return with its Proposal a Nondisclosure Agreement with TDHCA, in the form of Exhibit D attached hereto.

Following the award of a Contract, Proposals are subject to release as public information unless the Proposal or specific parts of the Proposal can be shown to be exempt from the Texas Public Information Act. All Respondents are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets

332-RFP24-1006 Page 9 of 31 or any other proprietary information disclosed in their Proposals. TDHCA assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents.

If a Respondent believes that any portion of a Proposal is confidential, then Respondent must so specify. Respondent must stamp in bold red letters the term “CONFIDENTIAL” on that specific part or page of the Proposal that Respondent believes to be confidential. Respondent must submit in writing specific, detailed reasons, including any relevant legal authority, stating why Respondent believes the material to be confidential. Vague and general claims of confidentiality will not be accepted. TDHCA will be the sole judge of whether a claim is general and/or vague in nature. All Proposals and parts of Proposals that are not marked as confidential will be automatically considered public information after the contract is awarded. A Proposal resulting in an award may be considered public information even though parts are marked confidential.

In the event TDHCA receives portions of a Proposal marked “CONFIDENTIAL” as specified above, TDHCA shall forward such request to the Office of the Attorney General of Texas (“Attorney General”) for an opinion on whether such information may be withheld from disclosure under the Texas Public Information Act. TDHCA will notify Respondent whose Proposal is the subject of the request when the information is forwarded to the Attorney General. TDHCA assumes no obligation for asserting legal arguments on behalf of Respondent. Respondents are advised that TDHCA is obligated to comply with the decision of the Attorney General, including any decision calling for the release of information marked “CONFIDENTIAL” by a Respondent.

Copyrighted Proposals are unacceptable and are subject to disqualification as non-responsive.

3.10 Media Releases

TDHCA does not endorse any vendor, commodity, or service. Media releases pertaining to this RFP, the Contract, if any, or the services to which they relate shall not be made without the prior written consent of TDHCA. The disclosure of the contents of Proposals prior to the award of the Contract, if any, or any other violation of this section, may result in disqualification.

3.11 Non-exclusivity

This RFP is not exclusive, and TDHCA reserves the right to issue additional solicitations regarding the services described in this RFP or similar services at any time.

3.12 Incorporation of Exhibits

Exhibits A, B, C, D, E, F, G and H are attached hereto and incorporated as part of this RFP for all purposes.

3.13 Transition of Services

Upon termination of the Contract for any reason, the contractor shall, in good faith and with reasonable cooperation, aid in the transition to any new arrangement and provider. The Contractor shall deliver to the TDHCA or its’ new contractor all completed, or partially completed, work and any and all documentation or other products and results of these services.

3.14 Payment and Invoices

Contractor’s total compensation under this Contract shall not exceed the pricing set forth in the proposal unless agreed upon by both parties. Contractor shall be required to submit detailed invoices to support payments. The invoice should include the Purchase Order number or the Contract number and a complete description of services provided. Also the vendor should list the dates of services. Contractor’s invoices must be complete with reasonable supporting documentation and submitted within fifteen (15) calendar days after month end for Services provided in the preceding month.

In submitting an invoice to the Department, Contractor certifies to the following: that the invoice has been carefully reviewed for detailed description of the Services performed; that the Services have been performed in compliance with this Contract; that the amount of the invoice and all previous invoices together do not exceed the contractual cap of the Contract

332-RFP24-1006 Page 10 of 31 or Contractor’s negotiated fees; that the charges and expenses shown on the invoices are reasonable and necessary; and that all appropriate and required supporting documentation is attached. The Department may, in its sole discretion, require additional documentation to support payment and Contractor shall respond to any such requests within five (5) business days of receipt.

Payment shall be made in accordance with Texas Prompt Payment Act, Chapter 2251 of the Texas Government Code. The Department shall not pay any amounts for any purpose to Contractor or any other entity, except as expressly provided for in this Contract. The Department reserves the right to make payments only upon receipt of a correct invoice, including all of the required supporting documentation. The Department also reserves the right to refuse payments for invoices that exceed the rates specified in this Contract or if the Department disputes an invoice in writing for Services that were not provided in a satisfactory manner.

PART IV

PROPOSAL FORMAT

4.1 Introduction

Each original Proposal and copy shall contain a cover sheet with the following: “332-RFP24-1006 Recording and Transcription” and the name and address of Respondent. Proposal pages must be numbered consecutively.

Proposals must be organized as described in Section 4.2. Proposals not organized in this manner may be subject to disqualification. Conciseness and clarity of content are required; vague and general Proposals may be considered non-responsive, which may result in disqualification of such Proposals. Proposals must be complete; failure to provide all required information may result in the disqualification of the Proposal.

ALL EXHIBITS TO THIS RFP ARE PREPARED EXCLUSIVELY FOR THIS RFP. RESPONDENT’S

SUBMISSION OF OTHER EXHIBITS OR DOCUMENTS, INCLUDING PRIOR RFP EXHIBITS, MAY RESULT

IN DISQUALIFICATION OF THE PROPOSAL.

4.2 General Organization of Proposal Contents

Proposals must be organized as follows:

a) Transmittal Letter;

b) Executive Summary;

c) Table of Contents;

d) Respondent Identifying Information;

e) Proposed Subcontractor(s) Identifying Information;

f) Respondent Qualifications and Experience;

g) Proposed Personnel;

h) Respondent Narrative and Preliminary Work Plan;

i) Proposed Fee;

j) Execution of Proposal;

k) Historically Underutilized Businesses Subcontracting Plan;

l) Nondisclosure Agreement;

m) Conflict of Interest Statement;

n) Certification Regarding Public Nature of the Proposal

o) Vendor Reference Questionnaire

A description of the information required for each of the items listed above is set forth below.

4.2.A Transmittal Letter

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Respondent must submit a transmittal letter that identifies the entity submitting the Proposal and includes a commitment by that entity to provide the services required by TDHCA. The transmittal letter must state that the Proposal is valid for one hundred eighty (180) days from the deadline for delivery of Proposals to TDHCA. Any Proposal containing a term of less than one hundred eighty (180) days for acceptance from this deadline will be rejected as non-responsive.

The transmittal letter must be signed by a person legally authorized to bind Respondent. Respondent also must indicate in its transmittal letter why it believes it is the most qualified to provide the requisite services and why it believes its proposed services best meet TDHCA’s objectives and RFP requirements.

The transmittal letter must include a statement of acceptance of the terms and conditions located in Exhibit A to the RFP. If a Respondent takes exception to any of the proposed terms and conditions, Respondent must identify the exception(s) specifically and clearly in the transmittal letter and explain both (1) the reason for the requested change and (2) proposed alternative language. Failure to accept the terms and conditions as set forth in Exhibit A may result in disqualification of the Proposal.

4.2.B Executive Summary

Respondent must provide an executive summary of its Proposal and a representation that the Proposal addresses all of the requirements of this RFP. The executive summary must not exceed three (3) pages and must represent a full and concise summary of the contents of the Proposal. Respondent must identify any services that are provided beyond those specifically requested. If Respondent is providing services that do not meet the specific requirements of this RFP but in the opinion of Respondent are equivalent or superior to those specifically requested, any such differences must be noted in the executive summary. Failure to provide the services specifically required may result in disqualification of the Proposal.

4.2.C Table of Contents

Each Proposal must be submitted with a table of contents that clearly identifies and denotes by page number each section of the Proposal and the location of all enclosures of the Proposal. The table of contents must follow the RFP’s structure as much as possible.

4.2.D Respondent Identifying Information

Respondent must provide the following identifying information:

name and address of business entity submitting the proposal;

names of all principals;

type of business entity (e.g., corporation, partnership, etc.);

state of incorporation or organization and principal place of business;

name and location of Texas offices, other major offices, and other facilities that relate to Respondent’s performance under this RFP;

name, address, business telephone number, cell phone number, email address, and fax number of Respondent’s principal contact person regarding the Contract;

Respondent’s Federal Employer Identification Number (“FEIN” or “EIN”) and Texas Tax

Identification/Registration Number, if any;

all affiliated companies and subsidiaries, or any joint ventures or other affiliations;

full name and address for each member, partner, and employee of Respondent (and any subcontractors) who will perform services;

detail if respondent, any predecessor of respondent, or any member of respondent been the subject of any disciplinary action by any regulatory agency or professional organization within the last five (5) years;

detail of any firm ownership changes which have occurred in the last five (5) years, including changes pending;

detail whether, within the last five years, respondent, any predecessor of respondent, or any member of respondent has been a party to any litigation directly or indirectly related to the conduct of respondent’s business; and indicate whether respondent, any predecessor of respondent, or any member of respondent is currently a party to litigation in process; if so, identify the parties, jurisdiction, case number, and subject matter.

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4.2.E Proposed Subcontractor(s) Identifying Information

The Proposal must identify any subcontractors and outline the contractual relationship between Respondent and each proposed subcontractor. The Respondent is solely responsible for any proposed subcontractor’s work performed under any contract resulting from this RFP.

4.2.F Respondent Qualifications and Experience

1. Experience

Respondent must include a detailed overview of Respondent’s experience providing the requisite services in its Proposal. Respondent must demonstrate its knowledge of and experience with activities relevant to the services.

Respondent must provide a detailed profile that describes the following:

(1) the size and scope of all operations, including number of Respondent’s employees and years in business;

(2) the general nature of previous similar work performed by Respondent, particularly work in the last three (3) years;

(3) Respondent’s depth and length of experience with state agencies;

(4) Respondent’s experience in the required services;

(5) for each proposed subcontractor:

a) the size and scope of all operations, including number of employees and years in business;

b) the general nature of previous similar work performed, particularly work in the last three (3) years;

c) depth and length of experience with state agencies; and

(6) Respondent should also describe any disaster recovery plan in place to maintain business operations;

and

(7) any other information Respondent believes is pertinent to this RFP.

2. Cancellations or Terminations

Respondent must list all contracts or purchase orders that Respondent executed or accepted within the last three

(3) years and which were canceled or terminated prior to completion by any state agency or other entity with which Respondent contracted. For each such contract or purchase order, Respondent must include a detailed explanation for the cancellation or termination and final resolution of the matter as well as the names and telephone numbers of each such agency's or firm’s contact person. If none, specify none.

4.2.G Proposed Personnel

The Proposal must identify all key personnel who are to be part of the proposed team and detail their experience. Respondent must include in the Proposal resumes of all management, supervisory, and key personnel that will be involved in performing the services, and must provide for each person:

a full name (including full middle name);

a five (5) year employment history;

a specific description of relevant experience and skills that person has with the required services, that must include at least three (3) years of experience performing work similar to the required services (limit to one page);

professional certifications and licenses, if applicable a specific indication of what role the individual will have in this project; and any additional pertinent information to indicate the individual's ability to aid Respondent in successfully completing the required services (limit to one page).

In addition, Respondent must provide an organizational chart indicating lines of authority, names, titles, and functions of individuals responsible for the services.

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Resumes must present the required personnel information in sufficient detail to provide TDHCA with a convincing indication that the personnel involved can successfully provide the required Services. The personnel, as identified in the Proposal, are considered to be essential to the Services. TDHCA reserves the right, in its sole discretion, to approve each member of the team and to request substitutions. All replacements of personnel must be of equal or superior experience or skill as the person replaced.

4.2.H Respondent Narrative and Preliminary Work Plan

In its Proposal, Respondent must submit a narrative explanation of how the offered services will meet the requirements of this RFP. In its narrative, Respondent may also concisely describe any additional features, aspects, or advantages of its services in any relevant area not covered elsewhere in its Proposal.

4.2.I Proposed Fee

TDHCA is soliciting proposals to procure the services for a firm, fixed price. Respondents are encouraged to propose their best pricing at all times. Respondent must include all costs of providing the services on a price sheet below. All costs and expenses associated with the services, including attendance at, and participation in, all meetings as requested by TDHCA, must be included on the proposed price sheet. Variable costs such as travel-related expenses must not be added as line items on the price sheet. TDHCA reserves the right to negotiate budget and budgetary constraints at the time of contract award.

Any Contract resulting from this RFP shall include a total not-to-exceed fee for all costs associated with providing the services.

Cost: Cost of these services to be calculated per hour and rate per page.

Hourly Rate $____________

Rate per Page $____________

Minimum Charge for Transcripts $___________

Overtime Charge for meetings after ________ o’clock $ __________

4.2.J Execution of Proposal

Exhibit B must be completed and signed by Respondent.

4.2.K Historically Underutilized Businesses Subcontracting Plan

The State of Texas and TDHCA are committed to assisting Historically Underutilized Businesses (HUBs) through the procurement process. In accordance with Sections 2161.181 and 2161.182, Texas Government Code, each state agency shall make a good faith effort to increase the contract awards for the purchase of goods or services to HUBs based on rules adopted to implement the disparity study described by Section 2161.002(c), Texas Government Code. In accordance with Section 2161.252, Texas Government Code and 34 Texas Administrative Code §20.285, each state agency (including institutions of higher education) as defined by Section 2151.002, Texas Government Code that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. If subcontracting opportunities are probable, each state agency’s invitation for bids or other purchase solicitation documents for construction, professional services, other services, and commodities with an expected value of $100,000 or more shall state that probability and require a HUB Subcontracting Plan (HSP) and supporting documentation.

The HUB goals per 34 Texas Administrative Code §20.284 are: 11.2% for heavy construction other than building contracts;

21.1% for all building construction, including general contractors and operative builders contracts; 32.9% for all special

332-RFP24-1006 Page 14 of 31 trade construction contracts; 23.7% for professional services contracts; 26.0% for all other services contracts; and 21.1% for commodities contracts.

TDHCA has determined that this procurement falls under the following category:

Special Trade Construction ___ Professional Services Other Services X Commodities ___

TDHCA has determined that HUB subcontracting opportunities are probable and requires Respondents to complete the HSP form located at: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php. The HSP form is also posted to the ESBD as a separate package under this RFP. TDHCA has identified the possible subcontracting opportunities on the “Agency Special Instructions/Additional Requirements” portion of the State of Texas HUB HSP form set forth in the following chart.

The class and item codes for this RFP are as follows: Class 961, Item 02, 964-10 and 920-21.

Respondent must carefully review, complete and return all HUB forms, as required by this Section.

4.2.L Nondisclosure Agreement

Exhibit D must be completed and signed by Respondent.

- - Agency Special Instructions/Additional Requirements - -

The Texas Department of Housing and Community Affairs is committed to increasing contracting opportunities with HUBs by contracting directly with HUBs or indirectly through subcontracting opportunities in compliance with Chapter 2161 of the Texas Government Code.

If a bid/proposal/offer to a solicitation with an expected value of $100,000 or more does not contain a completed HSP and supporting documentation, the bid/proposal/offer will be considered non-responsive and will be disqualified. After contract award, Successful Respondent may be subject to debarment pursuant to Section 2161.253(d) of the Texas Government Code if any modifications are made to the HSP without PRIOR approval from TDHCA.

For assistance in completing the HSP, Respondent may visit the following website:

https://comptroller.texas.gov/purchasing/vendor/hub/. If any questions, the respondent may contact the person identified in Part III Section 3.6.

If Respondent is not subcontracting any portion of the contract, Sections 1, 2(a), 3 and 4 must be completed.

If Respondent is subcontracting some portion of the contract, the supporting documentation of “Good Faith Effort” must be demonstrated in either Method A (Attachment A) or Method B (Attachment B).

The Texas Department of Housing and Community Affairs requests all Respondents to consider utilizing HUBs in subcontracting areas that are listed below; however, this list should not be considered exhaustive.

Class Item Description 961 02 Administrative Services all kinds 964 10 Accounting/Billing Services 920 21 Data Entry

In accordance with 34 TAC §20.285(d)(1)(D)(iii), a Respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of Respondent’s subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a Respondent uses this method to demonstrate good faith effort, the Respondent must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to satisfy this requirement, only contracts that have been in place for five years or less shall qualify for meeting the HUB goal.

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4.2.M Conflict of Interest Statement

The Conflict of Interest Statement must be prepared, signed by Respondent, and returned with the Proposal as Exhibit E.

In its Proposal, a Respondent must represent and warrant to TDHCA that it and each of its subcontractors have the requisite resources, qualifications, and independence to conduct the services free from outside direction, control, or influence, and subject only to the accomplishment of TDHCA’s objectives. Respondents that cannot make this representation and warranty should not respond to this RFP.

Respondent must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to the submission of a Proposal from Respondent and its possible selection as Successful Respondent, or its performance or the performance of its proposed subcontractor(s).

As part of this disclosure requirement, each Respondent must include in its Proposal all past and present contractual, business, financial or personal relationships between Respondent and TDHCA and between Respondent’s proposed subcontractors, if any, and TDHCA. For purposes of this disclosure requirement, (i) “past” is defined as within the two (2) calendar years prior to the deadline for submission of Proposals; (ii) the “Department” is defined as the agency as well as the agency’s employees or recent former employees; and (iii) “recent former employees” are defined as those Department employees who have terminated agency employment within the two (2) calendar years prior to the deadline for submission of Proposals. For each item, Respondent must provide a detailed explanation of why Respondent does or does not believe such item poses a conflict of interest, potential conflict of interest, or appearance of impropriety issue relative to Respondent’s submission of a Proposal, possible selection as Successful Respondent or its performance of the Contract.

For purposes of this RFP, “personal relationship” is defined as a current or past connection other than a clearly contractual, business, financial, or similar relationship and includes family relationships or other connections other than simply providing a response to this RFP. For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity. Chapter 573 of the Texas Government Code defines these degrees of consanguinity and affinity.

Connections other than such family relationships fall within this definition and must be disclosed if a reasonable person could expect the connection to diminish Respondent’s independence of judgment or effectiveness in the performance of Respondent’s responsibilities to the Department or the State of Texas under the Contract. Connections also fall within this definition if a reasonable person could expect the connection, within the overall context of Respondent’s submission of a Proposal, possible selection as Successful Respondent, or its performance of the Contract, to create an issue for the agency’s consideration relative to a potential appearance of impropriety or conflict of interest. Connections also fall within this definition if the relationship is with the Department or other State of Texas employee with authority to make decisions or recommendations on State of Texas contracting or procurement or this RFP. For purposes of this provision, those persons with authority to make decisions or recommendations are those persons who fall within the definition of “purchasing personnel” in Section 2262.004(a)(2) of the Texas Government Code.

In submitting a Proposal, a Respondent affirms that it has not given, nor does it intend to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or any employee or representative of same, in connection with this procurement.

Respondents must disclose any proposed personnel under the Contract who are current or recent former employees of the Department or the State of Texas. Recent former employees are defined above.

Also, under Section 2254.033 of the Texas Government Code, an individual who offers to provide consulting services to the Department and who has been employed by the Department or another agency at any time during the two years preceding submitting the proposal shall disclose in its proposal: (i) the nature of the previous employment with the Department or the other agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination.

Disclosures under these provisions will be evaluated by the Department. However, all information provided will not necessarily lead to a restriction or disqualification. Issues will be considered on a case-by-case basis in the best interests of the State of Texas. If a Respondent is in doubt about whether information should be disclosed, Respondent should consult

332-RFP24-1006 Page 16 of 31 its legal counsel. Failure to disclose any required information under these provisions may be cause for Proposal disqualification or termination of the contract, if any, awarded as a result of this RFP. The Department reserves the right, in its sole discretion, to determine if an issue should result in Proposal disqualification or termination of the Contract. If circumstances change or additional information is obtained subsequent to submission of Proposals, Respondent’s duty to disclose under these provisions continues under the term of the Contract and does not end with submission of a Proposal or receipt of Contract award.

4.2.N Certification Regarding Public Nature of the Proposal

Exhibit F must be completed and signed by Respondent.

4.2.O Vendor Reference Questionnaire

Respondents must send the Vendor Reference Questionnaire (Exhibit G) to three (3) companies or government agencies.

Instructions are included on the questionnaire. Respondents may send the questionnaire to references via email. The Department is not responsible for undeliverable e-mails or for non-responsive references. Respondents’ references will be evaluated in accordance with Section 5.2 (Selection Criteria) and 5.3 (Past Performance). Include all requested information in the top portion of the questionnaire. References must respond to the Department on the form provided by the due date provided in Section 3.5 (Schedule of Events) to be considered in Proposal evaluation. The questionnaire form must be submitted directly from the references to the Department. Respondents shall not submit the reference form to the Department. References may be contacted for clarification at the Department’s discretion.

PART V

PROPOSAL EVALUATION AND SELECTION

5.1 Evaluation Process

The Department shall establish an Evaluation Committee. Copies of Proposals the Department determines are responsive and in compliance with this RFP will be distributed to the members of the Evaluation Committee for their review and evaluation. Clarifications on issues raised in the Proposals may be sought from individual Respondents. Best and Final Offers may be sought from Respondents whose Proposals are ranked highest by the Evaluation Committee. However, Respondents are encouraged to present their best pricing and best offer in their Proposals.

The Department may request that top-scoring Respondents present an overview of the proposed services. The number of top-scoring Respondents selected to provide presentations will be determined by the Department in its sole discretion. Such Respondents will be notified and presentation dates and times will be arranged.

Upon the selection of Successful Respondent, if any, the Department shall proceed with contract negotiations and attempt to finalize the contract with the apparent Successful Respondent. If a contract cannot be successfully negotiated within a reasonable period, negotiations will be terminated, and negotiations with the next-highest-ranking Respondent may commence. The process may continue until a contract is signed or the RFP is withdrawn. Upon failure of negotiations, the Department may at any time choose to reissue or withdraw the RFP rather than continue with negotiations.

As soon as possible after the execution of a written contract with Successful Respondent, the award will be posted on the

ESBD.

5.2 Selection Criteria

Only those Proposals that meet the minimum qualifications shall be evaluated and scored. The evaluation of the Proposals will be conducted in accordance with the best value standard set forth in Section 2254.027 of the Texas Government Code, and the criteria and relative weights are as follows:

Years of Experience in providing recording and transcription services

30 points

Experience with State Agencies and Public Entities 15 points

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References 10 points Cost Estimate 40 points Advance Notice (# of days) 5 points TOTAL POSSIBLE SCORE 100 Points

5.3 Respondent’s Past Performance

In addition to the references under Section 4.2.O, the Department may conduct reference checks with other entities regarding past performance of Respondent or its subcontractors. In addition to evaluating performance through the Vendor Performance Tracking System as authorized by 34 Texas Administrative Code §20.115, the Department may examine other sources of vendor performance, including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Such sources of vendor performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Any such investigations shall be at the sole discretion of the Department, and any negative findings, as determined by the Department, may result in a non-award to Respondent. The Vendor Performance Tracking System information is located on Comptroller’s website at:

https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/.

5.4 Protest Procedures

Respondents must use the protest procedures adopted by TDHCA at Texas Administrative Code Title 10 Part 1 Chapter A Rule §1.4 in the event of a protest.

suzanne.saucedo@tdhca.t…