ESBD_383073_1731690698197_HHS0014744 RFP Solicitation Document.pdf

PCS 550 HHS RFP/RFO Template RFP No. HHS0014744 Page 1 of 40 Version 2.10 Revision Date 09/12/2023

Cecile E. Young, Executive Commissioner

Request for Proposals (RFP) for

Trainer for WIC Breastfeeding Management and Lactation Principles

RFP No. HHS0014744

Date of Release: November 15, 2024

Responses Due: December 18, 2024, by 10:30 a.m. Central Time

924-16 Course Development Services, Instructional and Training

924-25 For Credit Classes, Seminars, Workshops, etc.

924-41 Instructor-led, Classroom Training, Non-Technical

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Table of Contents Article I. Executive Summary, Definitions, and Authority

1.1 Executive Summary

1.2 Definitions

1.3 Authority

Article II. Scope of work

2.1 Description of Services

2.1.1 Advanced Lactation Management Classes

2.1.2 ALM Classes - Virtual

2.1.3 ALM Classes – In-Person (If Requested by HHSC)

2.1.4 Lunch and Learns

2.1.5 Special Assignments

2.1.6 Development of New Continuing Education Unit (CEU) Curricula

2.1.7 Contractor Requirements

2.1.8 HHSC Responsibilities

2.1.9 Deliverables

2.1.10 Performance Monitoring and Reporting

2.1.11 Controlled Correspondence

2.1.12 Invoice and Payment

2.1.13 Invoice Disputes

2.2 Contract Award, Term, and Historical Compensation

2.2.1 Contract Award and Execution

2.2.2 Contract Term

2.2.3 Historical Compensation

2.3 Data Use Agreement and Security Privacy Inquiry

2.4 No Guarantee of Volume, Usage, or Compensation

2.5 Governmental Entities

Article III. Administrative Information

3.1 Schedule of Events

3.2 Ambiguity, Conflict, or Discrepancy

3.3 Inquiries

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3.3.1 Sole Point of Contact

3.3.2 Prohibited Communication

3.3.3 Exception to Sole Point of Contact

3.3.4 Solicitation Questions

3.4 Pre-proposal Conference

3.4.1 Attendance

3.4.2 Conference Logistical Information

3.4.3 Questions at Pre-Proposal Conference

3.5 Solicitation Response Composition

3.5.1 General Information

3.5.2 Page Limit and Supporting Documentation

3.5.3 Discrepancies

3.5.4 Exceptions

3.5.5 Assumptions

3.5.6 Binding Offer

3.6 Solicitation Response Submission and Delivery

3.6.1 Deadline

3.6.2 Submission Option

3.6.3 Submission Checklist

3.6.4 Labeling and Delivery for USB Submission and Other Materials

3.6.5 Modifications and Withdrawals

Article IV. Solicitation Response Evaluation and Award Process

4.1 Conformance with State Law

4.2 Best Value Determination

4.2.1 Selection Methodology

4.2.2 Minimum Qualifications

4.2.3 Initial Compliance Screening

4.2.4 Written Solicitation Response Evaluation

4.2.5 Written Response Evaluation Criteria

4.2.6 Best and Final Offer (BAFO)

4.2.7 Final Written Response Score

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4.2.8 Summary of Best Value Determination

4.3 Questions or Requests for Clarification

Article V. Narrative Proposal

5.1 Narrative Proposal

5.1.1 Executive Summary

5.1.2 Key Staffing Profile

5.1.3 Breastfeeding and Lactation Management Research & Content Development

5.1.4 Lactation Management Clinical Experience

5.1.5 Trainer Experience

Article VI. Required Respondent Information

6.1 Company Information

6.1.1 Company Narrative

6.1.2 Company Profile

6.2 Franchise Tax – Right to Transact Business in Texas

6.3 References

6.4 Major Subcontractor Information

6.5 Affirmations and Certifications

6.6 Other Reports

6.6.1 Dun and Bradstreet Reports

6.6.2 Financial Statements and Financial Solvency

6.6.3 Alternate Report

6.7 Corporate Guarantee

6.8 HUB Subcontracting Plan

6.9 Secretary of State Certification

Article VII. Cost Proposal

7.1 Cost Proposal

Article VIII. General Terms and Conditions

8.1 General Conditions

8.1.1 Changes, Modifications, and Cancellation

8.1.2 Offer Period

8.1.3 Costs Incurred

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8.1.4 Contract Responsibility

8.1.5 Public Information Act - Respondent Requirements Regarding Disclosure

8.1.6 Respondent Waiver – Intellectual Property

8.1.7 Standards of Conduct for Vendors

8.1.8 Disclosure of Interested Parties

8.2 Insurance

8.2.1 Required Coverage

8.2.2 Alternative Insurability

8.3 Protest

Article IX. List of Exhibits

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ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Health and Human Services Commission (HHSC), also referenced as the Agency, is seeking a qualified Contractor to provide research, course development and training services for Texas Women, Infants and Children (WIC) program. Services shall be provided by one (1) Contractor for the duration of the term of any contract resulting from this RFP, including the possibility of Contract renewals at the option of HHSC.

The qualified Contractor will research, develop, and present, up to, twelve (12) in-person and/or virtual training courses to WIC program staff, WIC clients, health care professionals and the public to increase knowledge of breastfeeding management and lactation principles, breastfeeding, prenatal, postpartum, infant and child nutrition, and health topics per Contract year.

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

To be considered for award, a Respondent must execute Exhibit A, HHSC Solicitation Affirmations Version 2.4 and provide all other required information and documentation as set forth in this Solicitation.

Information regarding HHSC and its programs is available online and can currently be accessed at https://www.hhs.texas.gov/. Information regarding the HHSC WIC program can be accessed at https://texaswic.org/.

1.2 DEFINITIONS

Refer to Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions (UTC) – Vendor, Version 3.4 for additional definitions.

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

“Addendum” means a written clarification or revision to this Solicitation issued by HHSC PCS and posted to the ESBD.

“Advancement Criteria” means the published criteria for Respondent to advance to the next phase of evaluation if multiple evaluation methods are utilized.

“Agency” means Health and Human Services Commission (HHSC).

“ALM” refers to Advanced Lactation Management.

“Award Consideration (AC) Documents” means documents Respondent must submit as part of the Solicitation Response to be considered for negotiations or award.

“Business Day” refers to any day in which normal business operations of HHSC are conducted.

A Business Day excludes Saturday, Sunday, and national and state holidays. A Business Day includes a skeleton crew day and an optional holiday listed on the Texas Comptroller website (https://comptroller.texas.gov/about/holidays.php).

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“Calendar Day” includes any day including Saturday, Sunday, a skeleton crew day, and a national, state, and optional holiday listed on the Texas Comptroller website.

“Contract Term” means the period of time beginning with the commencement date or Effective Date of a Contract and ending when the Contract expires in accordance with its terms, or when it has been terminated.

“DSHS” means Department of State Health Services.

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

“Final Written Response Score” refers to the final scoring of the written response as documented in the Solicitation.

“HHSC” means the Texas Health and Human Services Commission.

“HHSC PCS” means Procurement and Contracting Services (PCS), a division of HHSC.

“HUB” Refer to Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions (UTC) – Vendor, Version 3.4 for definition.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required to be submitted with all responses to state agency contracts with an expected value of $100,000 or more where the state agency has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by the state agency during the term of the Contract.

“Respondent” means the individual or entity responding to this Solicitation.

“Solicitation” Refer to Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions (UTC) – Vendor, Version 3.4 for definition.

“Solicitation Consideration (SC) Documents” means documents that must be submitted by Respondent with the Solicitation Response to be considered for evaluation and cannot be resubmitted or have errors remedied after the submission due date and time in the Schedule of Events has passed.

“Special Supplemental Nutrition Program for Women, Infants and Children” means HHSC WIC’s nutrition program for pregnant, breastfeeding women and families with children younger than 5.

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

“Teaching Class” means the hour(s) during which the awarded vendor is required to make a presentation to health providers and includes a speech, visual aids (e.g., slides, videos), and other breastfeeding materials, and providing consultation to class attendees.

“VPTS” means Vendor Performance Tracking System, as defined under Section 2262.055 of the Texas Government Code and Title 34 of the Texas Administrative Code Part 1, Chapter 20, Subchapter B, Division 2, Rule §20.115 and Subchapter F, Division 2, Rule §20.509.

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“WIC” means the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) authorized by section 17 of the Child Nutrition Act of 1966, 42 U.S.C. 1786.

1.3 AUTHORITY

HHSC is soliciting the services stated in this Solicitation under of the authority Texas Government Code § 2155.144(a), (b-1)(2), Texas Health and Safety Code Chapter 32, Maternal and Infant Health Improvement, Section 17 of the Child Nutrition Act of 1966, and Title 7 of the Code of Federal Regulations (C.F.R.) Part 246.

The remainder of this page is left blank intentionally.

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ARTICLE II. SCOPE OF WORK

2.1 DESCRIPTION OF SERVICES

a. Contractor will be responsible for Teaching Class. This includes four (4) training sessions of Advanced Lactation Management (ALM) classes, that will include two (2) classes per session.

b. As requested by HHSC, Contractor will be required to prepare and provide one (1) to four (4) lunch and learn training sessions on topics assigned by HHSC.

c. Contractor will be required to complete special assignments related to breastfeeding management and lactation principles, upon HHSC request.

d. Upon request of HHSC, Contractor will research and develop new continuing education curricula.

2.1.1 Advanced Lactation Management Classes

Each class will take approximately four (4) hours. Required class topics are as follows:

a. Class One:

1. Nutrition for Breastfeeding Moms

2. Biomechanics of Breastfeeding

b. Class Two

1. Nutrition for Pregnant Moms

2. Composition of Human Milk

c. Contractor will be required to review the existing ALM content prior to each training session to prepare for the ALM trainings. Training materials are provided via email.

(Note: the content for the trainings has already been approved for DSHS continuing education (CE) credits, as is. However, suggested changes would be considered if they don't change the CE approved objectives.)

d. If ALM Class topics are updated, Contractor will be notified promptly and asked to present on new topic.

e. Upon Contract execution, Contractor and HHSC will discuss and finalize the ALM training class schedule for each year of the Contract Term. One (1) training session is expected to be provided every quarter.

f. Contractor must conduct training in a manner that prepares healthcare providers and WIC staff to support breastfeeding women and infants.

g. After each quarterly training session, HHSC will send all class participants a survey containing a scale of 1 to 5 see Section 2.1.10 Performance Monitoring and Reporting.

h. Contractor must serve as an information resource at each class.

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2.1.2 ALM Classes - Virtual

a. All ALM classes are expected to be provided by the Contractor virtually, unless requested by HHSC to be provided in person. ALM classes are not recorded.

b. The anticipated virtual training class size will range from 30 to 100 attendees.

c. Contractor must provide their own adequate technology set-up for virtual classes, including computer with camera and microphone and internet access. (No special equipment needed. HHSC will create the live webinar event and provide the Contractor with the platform details once arranged).

d. Virtual classes do not have to occur on consecutive days during any given training session.

2.1.3 ALM Classes – In-Person (If Requested by HHSC)

a. If classes are needed in-person, Contractor will be notified in advance and be required to travel within the State of Texas to the location designated by HHSC. (Contractor will be reimbursed for travel per Section 2.1.12 Invoice and Payment).

b. The anticipated in-person training class sizes will range from 40 to 60 participants.

c. Contractor will be required to adhere to site visitor requirements.

d. In-person training classes will consist of two (2) consecutive days per session.

e. Any classes held in-person would replace the corresponding virtual class for that training session.

2.1.4 Lunch and Learns

a. In addition to the eight (8) required ALM classes, Contractor may be required to prepare and provide up to four (4) lunch and learn training sessions per year on topics requested by HHSC.

b. Upon request of a training topic-to-be-determined (related to breastfeeding management and lactation principles), Contractor will create a training presentation and submit it to HHSC, with references, for review and approval, two weeks before the lunch-and-learn training date.

1. The training date will be provided after discussion with the vendor.

c. Once the training is approved; the training will be presented to participants virtually on date and time agreed to with HHSC.

d. The lunch and learns are expected to be 1.5-2 hours each, with a Q&A section included.

e. Lunch and learns will be recorded by HHSC and become property of HHSC.

2.1.5 Special Assignments

Upon HHSC request, Contractor may be asked to research and/or provide expert review, feedback, and suggest edits on program content related to lactation as well as maternal, infant and child health.

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Content may include, but is not limited to, website content for both HHSC and DSHS general lay audience and health care professionals, as well as instructional courses or training, program brochures, and articles.

Special assignments will require approximately one (1) to ten (10) hours of services per year.

2.1.6 Development of New Continuing Education Unit (CEU) Curricula

a. Upon HHSC request, Contractor may be required to research, develop, and provide new evidence-based training curricula and materials on ALM for continuing education unit applications. The content created must meet current research and industry standards as required by HHSC. (This may occur every three years).

b. Upon HHSC request, Contractor must provide a content outline for submission of new CEU credits at least sixty (60) Calendar Days prior to deadline for renewal of continuing education unit applications.

c. Contractor will discuss expectations and timeline for completion of CE classes with

HHSC.

d. If a training class qualifies for continuing education credit(s) with DSHS Continuing Education guidelines, the Contractor must conduct the training class to meet the CE requirement.

e. If new CE training content cannot be approved for CE by deadline, or is not CE approved, HHSC may still allow the new content to be presented and used for educational purposes for staff in the field.

2.1.7 Contractor Requirements

a. Contractor must, always, maintain and have a current International Board of Lactation Consultant Examiners (IBLCE) certification.

b. Contractor must have access to, and keep abreast of, the latest research and resources in breastfeeding.

c. Contractor must agree that any curricula and/or training materials developed while contracted will become the property of HHSC.

d. Contractor must ensure all training curricula and materials are approved in writing by

HHSC.

e. Contractor must meet all required deadlines set by HHSC.

f. If new research and/or updates are needed, Contractor will discuss expectations and timeline for completion with HHSC.

g. Contractor may be required to participate in meetings through conference calls, or Microsoft Teams, upon request by HHSC designee and/or Contract Manager. Meetings shall be at no additional cost to HHSC.

h. Contractor must respond to all HHSC requests within (3) three Business Days.

2.1.8 HHSC Responsibilities

a. HHSC will be responsible for recruiting and registering class participants.

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b. For virtual training classes, HHSC will create the event on a webinar platform and provide the Contractor with the platform details.

c. For in-person training classes, HHSC will be responsible for:

1. Coordinating and arranging the location of the in-person training.

2. Providing audio/visual equipment for each class;

3. Printing training materials/aids for each class; and

4. Providing administrative support including, video production/duplication, copying, printing, administrative services, and any costs necessary and reasonably incurred in the development of lactation principles and breastfeeding management materials.

d. HHSC will download attendance records for virtual classes.

e. HHSC will collect and document sign-in sheets for in-person trainings.

f. HHSC will provide training attendees with completion certificates.

g. For all classes, HHSC will administer the class evaluation and will send each participant a class survey with a rating scale of 1 to 5.

h. HHSC will provide Contractor with written acceptance of the schedule. HHSC may update the schedule at its discretion and will notify the Contractor if a change is to be made. Note: This will be documented and tracked using controlled correspondence, per Section 2.1.11 Controlled Correspondence.

i. HHSC will provide Contractor with advance notice for special assignments.

2.1.9 Deliverables

Deliverable Deadline

Introduction Meeting to be provided at no additional cost

Within five Business Days of Contract execution.

Review Existing ALM Curricula for trainings. Within thirty (30) Business Days of Contract execution, or date approved in writing by

HHSC.

Training 1 - Advanced Lactation Management Class: Nutrition for Breastfeeding Moms & Biomechanics of Breastfeeding

Date to be provided by HHSC upon Contract execution.

Training 2 - Advanced Lactation Management Class: Nutrition for Pregnant Moms & Composition of Human Milk

Date to be provided by HHSC upon Contract execution.

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Deliverable Deadline

Training 3 - Advanced Lactation Management Training Class: Nutrition for Breastfeeding Moms & Biomechanics of Breastfeeding

Date to be provided by HHSC upon Contract execution.

Training 4 - Advanced Lactation Management Training Class: Nutrition for Pregnant Moms & Composition of Human Milk

Date to be provided by HHSC upon Contract execution.

Training 5 - Advanced Lactation Management Training Class: Nutrition for Breastfeeding Moms & Biomechanics of Breastfeeding

Date to be provided by HHSC upon Contract execution.

Training 6 - Advanced Lactation Management Training Class: Nutrition for Pregnant Moms & Composition of Human Milk

Date to be provided by HHSC upon Contract execution.

Training 7 - Advanced Lactation Management Training Class: Nutrition for Breastfeeding Moms & Biomechanics of Breastfeeding

Date to be provided by HHSC upon Contract execution.

Training 8 - Advanced Lactation Management Training Class: Nutrition for Pregnant Moms & Composition of Human Milk

Date to be provided by HHSC upon Contract execution.

Lunch and Learn Training - Presentation #1 (upon request)

Date to be provided if assigned.

Lunch and Learn Training - Presentation #2 (upon request)

Date to be provided if assigned.

Lunch and Learn Training - Presentation #3 (upon request)

Date to be provided if assigned.

Lunch and Learn Training - Presentation #4 (upon request)

Date to be provided if assigned.

Development of New CEU Curricula Date to be provided by HHSC if assigned.

Special Assignments (upon request) Date to be provided if assigned.

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2.1.10 Performance Monitoring and Reporting

a. Contractor must maintain an average rating of 3 or more on participant evaluations. An average rating of less than 3 shall result in the Contractor being counseled by HHSC.

Contractor’s failure to attain an evaluation score of at least 3 may result in termination of the Contract if a rating of 3 or higher is not reached within the next training session.

b. The HHSC Contract Manager or designee will monitor all work performed which shall be in accordance with this Contract, local codes and ordinances and any other authority having lawful jurisdiction and shall periodically communicate with the Contractor via telephone, and email, to address questions, concerns, or progress.

c. The HHSC Contract Manager or designee will notify Contractor in writing to correct any service or portion of a service. Contractor shall take immediate action to correct the service or portion of a service at no additional cost to HHSC. Contractor shall notify the HHSC Contract Manager or designee upon completion for HHSC inspection and acceptance, as applicable.

2.1.10.1 Performance Notification – Non-Material Deficiency

HHSC may notify Contractor in writing of specific areas of the Contractor’s performance that fail to meet performance expectations, standards, or schedules, but that, in the determination of HHSC, do not result in a material deficiency or delay in the implementation or operation of the services.

2.1.10.2 Contractor Response to Notification of Non-Material Deficiency

The Contractor shall, within three (3) business days (or another date approved by HHSC) of receipt of written notice of a non-material deficiency, provide the HHSC Contract Manager a written response that:

a. Explains the reasons for the deficiency, the Contractor’s plan to address or cure the deficiency, and when the deficiency will be cured; or

b. If the Contractor disagrees with the HHSC’s findings, the response must include the reasons why the findings are disputed.

c. Contractor’s noncompliance in rectifying the deficiency may result in delayed payment or non-payment as determined by HHSC.

2.1.10.3 Corrective Action Plan

At its discretion, HHSC may request in writing and require the Contractor submit a detailed written Corrective Action Plan and include how the Contractor will correct or resolve an issue, deficiency, or a breach of this Contract.

a. The plan must include, but is not limited to:

1. A detailed explanation of the reasons for the cited deficiency;

2. Contractor’s assessment or diagnosis of the cause; and

3. A specific proposal to cure or resolve the deficiency.

b. The plan must be submitted by the deadline set forth in the HHSC’s request.

c. The plan is subject to approval, which will not be unreasonably withheld, by the HHSC.

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2.1.10.4 Performance Issues

The Contractor shall be required to correct all performance issues reported by the Contract Manager within 48 business hours. If requested by HHSC, the Contractor shall provide a written report detailing the performance issue(s) and resolution. The Contract Manager will report/discuss performance deficiencies with the Contractor and seek to achieve resolution of the issues.

The Contract Manager may report the following compliance issues to HHSC/PCS for resolution.

a. Failure to reach agreement on corrective action.

b. Failure to perform in accordance with the corrective action plan.

c. Violations of this Contract and corrective action plan(s).

2.1.11 Controlled Correspondence

To track and document requests for decisions and/or information, and the subsequent response to those requests, HHSC and the Contractor will use controlled correspondence. To be effective, each controlled correspondence document must be signed by both HHSC contract managers (or designees) and the Contractor identified in the Contract. Controlled correspondence documents will be maintained by both HHSC and Contractor in on-going logs and must become part of the normal status reporting process.

The controlled correspondence process may be used to document mutually agreeable operational departures from the specifications and/or changes to the specifications, provided such specifications are not expressly set forth in the Contract.

Controlled correspondence may be used to document the cost impacts of proposed changes;

however, controlled correspondence cannot be the basis of a claim for any pricing adjustment, (e.g., equitable adjustment).

Controlled correspondence may be used to memorialize the utilization of a rate that is less than the not to exceed pricing specified in the Contract. Any change that involves an increase in pricing must be addressed by an Amendment to the Contract. For the avoidance of doubt, controlled correspondence may not be used to affect a material obligation of the Contract including, but not limited to, pricing or contract duration.

2.1.12 Invoice and Payment

Invoices must comply with standards set forth in Title 34, Texas Administrative Code, Part 1, Chapter 20, Subchapter F, Division 1, Rule §20.487. All invoices will include a description of services and deliverables and all fee(s), costs, expenses, and other charges claimed with respect to such services and deliverables. Submitted invoices must be detailed with supporting documentation. Contractor must submit invoices monthly or as otherwise indicated in the contract to HHSC Accounts Payable Department and copy designated HHSC Contract Manager and designated WIC Financial Accountant. HHSC reserves the right to update the invoice submission contact via e-mail correspondence. Contractor must use the following naming convention for the subject line of invoice submission emails:

a. Invoice Submission.

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b. Legal Entity Name of Contractor.

c. Invoice Number.

d. Invoice Amount.

e. Purchase Order (PO) Number (if applicable).

f. Contract Number.

g. Service Date or Month of Service

For example, the email subject line for an invoice submitted to HHSC by ABC, Inc., for services provided during the month of September 2024 would read as follows: “ABC Inc., Invoice No.

00001, $100.00, Contract No. 12345, September 2024.

If HHSC requests corrections to the invoice or additional information, documentation, or justification, the invoice must be resubmitted with all corrections initialed or information necessary and changes to the date of submission to the date of resubmission. Failure to submit required information may result in delay of payment or return of invoices.

Contractor traveling to conduct work associated with this Contract will be reimbursed in accordance with the Textravel rates provided on the Texas Comptroller of Public Accounts website: https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php.

2.1.13 Invoice Disputes

In accordance with 34 Texas Administrative Code, Rule §20.487(b), the HHSC will immediately return disputed invoices to the Contractor but in no event later than the 21st Calendar Day after HHSC receives the invoice. The HHSC reserves the right to dispute any portion of an invoice and will attempt to resolve the dispute with the Contractor in good faith. HHSC must not be required to pay any disputed portion of an invoice until the dispute is resolved. Notwithstanding any such dispute, Contractor must continue to perform the services and/or produce deliverables in compliance with the terms of the Contract. Pending resolution of a dispute, HHSC will continue to process payments for undisputed amounts and invoices to the Contractor.

2.2 CONTRACT AWARD, TERM, AND HISTORICAL COMPENSATION

2.2.1 Contract Award and Execution

HHSC intends to award one Contract because of this Solicitation. Any award is contingent upon approval of the HHSC executive commissioner or their designee.

If, for any reason, a final Contract cannot be executed with a Respondent selected for award within forty-five (45) days of HHSC’s determination to seek to contract with that Respondent, HHSC may negotiate a Contract with the next highest-scoring Respondent or may withdraw, modify, or partially award this Solicitation.

2.2.2 Contract Term

The initial term of any Contract resulting from this Solicitation will be one (1) year. HHSC, at its sole option, may extend any Contract awarded pursuant to this Solicitation for up to four (4) additional years.

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HHSC at its sole discretion, may extend the Contract as necessary to ensure continuity of service, for purposes of transition, or as otherwise determined by HHSC, to serve the best interest of the State for up to twelve (12) months, in one-month intervals, at the then-current contract rate or rates (if applicable) as modified during the Contract Term.

2.2.3 Historical Compensation

Historical compensation under Contracts with similar scope and size to this Solicitation has ranged from approximately $20,000 to $30,000 per fiscal year. Notwithstanding Section 2.2.3 (Historical Compensation), HHSC reserves the right to adjust any projected amount based on state funding during the term of a resulting Contract.

2.3 DATA USE AGREEMENT AND SECURITY PRIVACY INQUIRY

By entering a Contract with HHSC as a result of this Solicitation, Respondent agrees to be bound by the terms of the Data Use Agreement (DUA), Version 8.5, attached as Exhibit C.

Respondents must complete and return with their Solicitation Response Exhibit C-1, Attachment 2 to the DUA, Security and Privacy Inquiry (SPI), Version 2.1.

2.4 NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

HHSC makes no guarantee of volume, usage, or total compensation to be paid to any Respondent under any awarded Contract, if any, resulting from this Solicitation. Any awarded Contract is subject to appropriations and the continuing availability of funds.

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

2.5 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 all exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Solicitation Response is received from a governmental entity, HHSC reserves the right to enter an interagency or interlocal agreement with the governmental entity.

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ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Solicitation Posting Date to ESBD November 15, 2024

Pre-proposal Conference and HSP Conference

Attendance is Optional

November 21, 2024 at 10:30 a.m.

Central Time

Deadline for Submitting Questions or Requests for Clarification

November 22, 2024 at 5:00 p.m.

Central Time

Tentative Date Responses to Questions or Requests for Clarification Posted on ESBD

December 5, 2024

Deadline for courtesy HSP review December 9, 2024 at 10:30 a.m.

Central Time

Deadline for Submission of Solicitation Responses [NOTE: Responses must be RECEIVED by HHSC by the deadline.]

December 18, 2024 at 10:30 a.m.

Central Time

Evaluation Period January – February 2025

Anticipated Notice of Award May 2025

Anticipated Contract Start Date June 2025

Respondents must submit their Solicitation Responses to HHSC in accordance with the due date and time indicated in this Schedule of Events or as changed via an Addendum posted to the

ESBD.

NOTE: All dates are tentative and HHSC reserves the right to modify these dates at any time. At the sole discretion of HHSC, events listed in the Schedule of Events are subject to scheduling changes and cancellation. Scheduling changes or cancellation determinations made prior to the deadline for submission will be published by posting an Addendum to the ESBD. After the deadline for submission, if there are delays that significantly impact the anticipated award date, HHSC, at its sole discretion, may post updates regarding the anticipated award date to the Procurement Forecast on the HHS Procurement Opportunities web page. Each Respondent is responsible for checking the ESBD and Procurement Forecast for updates.

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By submitting a Solicitation Response, Respondent represents and warrants that any individual submitting the Solicitation Response and any related documents on behalf of the Respondent is authorized to do so and to bind the Respondent under any Contract that may result from this Solicitation.

3.2 AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the Sole Point of Contact (Section 3.3.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation in the manner and by the deadline described in Section 3.3.4 (Solicitation Questions).

Respondent submits a Solicitation Response at its own risk.

If Respondent fails to properly and timely notify the Sole Point of Contact (Section 3.3.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation, Respondent, whether awarded a Contract or not:

a. Waives any claim of error or ambiguity in the Solicitation and any resulting Contract;

b. Must not contest the interpretation by HHSC of such provision(s); and

c. Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

3.3 INQUIRIES

3.3.1 Sole Point of Contact

All requests, questions, or other communication about this Solicitation shall be made in writing to HHSC PCS, addressed to the person listed below (Sole Point of Contact). Additionally, a phone number is provided for purposes such as instructing a potential Respondent through an IT system or website referenced in this Solicitation. Communications via telephone are not binding.

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. Respondents seeking to contact the Sole Point of Contact should do so via e-mail to receive updated contact information.

Name Nicole Mejia, CTCD, CTCM

Title PCS Purchaser

Address Procurement and Contracting Services Building 1100 W 49th St. MC: 2020 Austin, TX 78756

Phone (512) 406-2640

Email nicole.mejia@hhs.texas.gov

See also, Section 3.3.3 (Exception to Sole Point of Contact) below.

3.3.2 Prohibited Communication

Except as provided in Section 3.3.1 (Sole Point of Contact) and Section 3.3.3 (Exception to Sole Point of Contact), potential Respondents and Respondents are prohibited from any communication with HHSC regarding the Solicitation. HHSC, its representative(s), and partners

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Revision Date 09/12/2023 will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through HHSC designated staff as provided by Section 3.3 (Inquiries). This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation. Failure to comply with these restrictions may result in disqualification of Respondent's Solicitation Response.

3.3.3 Exception to Sole Point of Contact

Exceptions to Section 3.3.1 are as follows:

a. Respondents with questions relating to the HUB Subcontracting Plan are permitted to direct those questions to the HUB coordinator at isaiah.wilczyski@hhs.texas.gov.

b. Where it is expressly directed by the Sole Point of Contact that another designated HHSC representative may speak to the Respondent, such as during Contract negotiations.

Respondents are required to ensure that communications have been authorized by the Sole Point of Contact before engaging in such communication. Failure to comply with this requirement may result in the disqualification of a Respondent’s Solicitation Response.

3.3.4 Solicitation Questions

HHSC will allow written questions and requests for clarification regarding this Solicitation.

Questions must be submitted by e-mail to the Sole Point of Contact (Section 3.3.1) by the deadline established in Section 3.1 (Schedule of Events). Responses to questions or other written requests for clarification will be consolidated and posted to the ESBD and will not be provided individually to requestors.

HHSC reserves the right to amend answers previously posted, prior to the Solicitation response deadline (Section 3.1). Amended answers will be posted on the ESBD. It is the Respondent's responsibility to check the ESBD. HHSC also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

a. All questions and requests for clarification must include the following information:

1. Solicitation number;

2. Solicitation package reference (page number, section, and exhibit or attachment, if applicable; may also reference procurement library documents in this manner, if applicable);

3. Question topic (e.g., “Schedule of Events,” or “Exhibit K – Cost Proposal”); and

4. Question for HHSC.

b. Requestor contact information below must be included in the body of the e-mail and submitted with the question(s):

1. Company name;

2. Company representative name;

3. Phone number; and

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4. E-Mail address.

Questions or requests for clarification received after the deadline in Section 3.1 (Schedule of Events), may be reviewed by HHSC but may not be answered. Only answers to questions submitted to the Sole Point of Contact in writing, in accordance with this section, are binding.

3.4 PRE-PROPOSAL CONFERENCE

3.4.1 Attendance

HHSC PCS will conduct a pre-proposal conference via webinar. Attendance is optional but highly recommended as the pre-proposal conference will include the training on the proper completion of the HUB Subcontracting Plan. See Section 6.8 (HUB Subcontracting Plan).

Attendees to virtual pre-proposal conferences are required to send an email to the Sole Point of Contact (Section 3.3.1), advising of participation in the pre-proposal conference.

Attendees must provide their name, phone number, and name of the company they are representing.

3.4.2 Conference Logistical Information

HHSC PCS will hold the pre-proposal conference webinar on the date and time set out in Section 3.1 (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 3.3.1 (Sole Point of Contact), at least seventy-two (72) hours before the meeting to have reasonable accommodations made by

HHSC.

Webinar Information:

Attendees must register for the webinar no later than November 19, 2024, by 4:00 p.m. Central Time at the following link:

https://attendee.gotowebinar.com/register/5764571681777374039

** After registration, participants will receive another email with the actual link to the webinar. **

3.4.3 Questions at Pre-Proposal Conference

a. Reference Section 3.3.4 (Solicitation Questions) for the required format and information to be provided for submission of questions and requests for clarification.

b. Attendees may submit questions in writing at the conference. All questions must be in the required format and include the information as referenced in Section 3.3.4 (Solicitation Questions).

c. During the conference, HHSC may provide responses to questions and requests for clarification, but only written responses posted by HHSC PCS as an Addendum to the Solicitation on the ESBD will be considered an official, binding update to the Solicitation.

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d. HHSC reserves the right to amend, prior to the Solicitation Response Deadline, answers previously posted. Amended answers will be posted on the ESBD. Notification of posting will be in accordance with Section 3.1 (Schedule of Events).

e. Conversations with HHSC program area staff before or after the pre-proposal conference are prohibited.

3.5 SOLICITATION RESPONSE COMPOSITION

3.5.1 General Information

Failure to submit all required Solicitation Response documents in the required format(s) may result in disqualification of the Solicitation Response without further consideration (Section 3.6.3, Submission Checklist). Respondent shall prepare a Solicitation Response that clearly and concisely represents its qualifications and capabilities. Expensive bindings, colored displays, promotional materials, etc. are not necessary or desired. Respondent should focus on the instructions and requirements of the Solicitation.

3.5.2 Page Limit and Supporting Documentation

The narrative proposal should not exceed fifty (50) pages and should be formatted for 8 ½" x 11" paper with 1-inch margins and typed in Times New Roman, 12-point font. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the Solicitation Response, with specific reference made to the file, page, section, and/or paragraph where the supporting information can be found.

3.5.3 Discrepancies

In the event of any discrepancies or variations between copies, HHSC is under no obligation to resolve the inconsistencies and may make its scoring and selection decisions, accordingly, including the decision to potentially disqualify a Solicitation Response. If Respondent is required to designate an “Original” Solicitation Response but fails to do so, HHSC, in its sole discretion, will determine the version to be used as the original or may disqualify the Solicitation Response.

If the Respondent submits a redacted Solicitation Response as the “Original,” HHSC will disqualify the Solicitation Response and it will not be evaluated. HHSC will not accept submissions after the “Deadline for Submission of Solicitation Responses” in the Schedule of Events (Section 3.1) to remedy discrepancies or variations in Solicitation Response submissions.

3.5.4 Exceptions

Respondents are highly encouraged, in lieu of including exceptions in their Solicitation Responses, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 3.3.4 (Solicitation Questions).

Any exception included in a Solicitation Response may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its Solicitation Response, Respondent is required to use the Exceptions Form included as Exhibit D to this Solicitation and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Exhibit D may be rejected without consideration.

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

3.5.5 Assumptions

Respondent must identify on the Assumptions Form, Exhibit E any business, economic, legal, programmatic, or practical assumptions that underlie the Respondent’s response to the Solicitation. HHSC reserves the right to accept or reject any assumptions. All assumptions not expressly identified and incorporated into any Contract resulting from this RFP are deemed rejected by HHSC.

3.5.6 Binding Offer

A Solicitation Response should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated.

Furthermore, all Solicitation Responses constitute binding offers. Any Solicitation Response that includes any type of disclaimer or other statement indicating that the response does not constitute a binding offer may be disqualified.

If a Respondent’s ability to enter a Contract is contingent upon any exception or assumption provided in accordance with Section 3.5.4 (Exceptions) or Section 3.5.5 (Assumptions), the Respondent may be disqualified from further consideration for Contract award.

3.6 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.6.1 Deadline

Solicitation Responses must be received at the address in Section 3.6.4 (Labeling and Delivery for USB Submission and Other Materials) and time stamped by HHSC PCS no later than the date and time specified in Section 3.1 (Schedule of Events).

Solicitation Responses received after the deadline specified in Section 3.1 will be rejected and not considered for Contract award.

3.6.2 Submission Option

a. Submission Option #1: Respondent shall submit two USB drives—one (1) labeled “Original Proposal” and one (1) labeled “Copy”—containing the following documents:

1. Each USB must contain one file named “Original” that contains the Respondent’s entire Solicitation Response (except the cost proposal and HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

2. If applicable in accordance with Section 8.1.5, (Public Information Act – Respondent Requirement Regarding Disclosure), each USB must contain one file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable PDF.

3. In accordance with Section 7.1, (Cost Proposal), each USB must contain one file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

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4. In accordance with Section 6.8, (HUB Subcontracting Plan), each USB must contain one file named “HUB Subcontracting Plan” in searchable PDF, that contains the Respondent’s HUB Subcontracting Plan and all supporting documentation.

b. Submission Option #2: Respondent shall submit the following through the Online Bid Room utilizing the procedures in Exhibit I, HHS Online Bid Room:

1. One file named “Original” that contains the Respondent’s entire Solicitation Response (except the cost proposal and HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

2. If applicable in accordance with Section 8.1.5, (Public Information Act – Respondent Requirements Regarding Disclosure), one file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable PDF.

3. In accordance with Section 7.1, (Cost Proposal), each USB must contain one file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

4. In accordance with Section 6.8, (HUB Subcontracting Plan), each USB must contain one file named “HUB Subcontracting Plan” in searchable PDF, that contains the Respondent’s HUB Subcontracting Plan and all supporting documentation.

3.6.3 Submission Checklist

Solicitation Consideration and Award Consideration Documents, reference Section 1.2 (Definitions) must be submitted by the deadline for Solicitation Response submissions, reference Section 3.1 (Schedule of Events). Solicitation Consideration Documents will be reviewed as received, and Respondent will not have an opportunity to remedy missed requirements. At its sole discretion, HHSC may request some or all the Respondents to remedy missing elements of Award Consideration Documents. Those marked “SC” are Solicitation Consideration Documents and those marked “AC” are Award Consideration Documents.

The Solicitation Response must be submitted using one of the approved methods identified in Section 3.6, (Solicitation Response Submission and Delivery). Below are the documents required to be submitted with the Solicitation Response.