ESBD_385227_1734126760168_301-24-04119 CART Part A.pdf

RFP for Remote CART Services

RFP NO. 301-24-04119 Part A

STATE OF TEXAS

OFFICE OF THE GOVERNOR

FINANCIAL SERVICES DIVISION

REQUEST FOR PROPOSALS

Remote Communication Access Real-time Translation (CART), Office of the Governor

RFP No. 301-24-04119

NIGP CLASS ITEMS

961-93

Proposal Date and Due Time: 1/08/2025 no later than 2:00 pm

(CST in Austin, Texas)

Point of Contact

Jodie Johnston

Office of the Governor of Texas

Financial Services Division

Phone: 512-936-6745 Email: jodie.johnston@gov.texas.gov

NOTE: This Request for Proposals (“RFP”) is composed of two parts: (1) Part A: RFP

Information and Instructions, (including attachments and appendices, in any) and (2) Part B:

General Terms and Conditions (including attachments and appendices, if any). In the event an instruction or term in Part A conflicts with an instruction or term in Part B, the instruction or term in Part A prevails, and any addenda or amendment to either Part A or Part B control over the original versions.

mailto:jodie.johnston@gov.texas.gov

1. GLOSSARY OF TERMS

Account Manager

Acceptable Quality Level

Addendum

Business Day

Contract

Contractor

CPA

ESBD

Fiscal Year

Generally Accepted Accounting Principles (“GAAP”) Historically Underutilized Business (“HUB”) Office

OOG

Party/Parties Performance Period Remote CART Respondent

RFP

Works

2. GENERAL INFORMATION

Purpose of Procurement

Procurement Authority

Term of Contract

Parts Incorporated

Captions/Headings

3. STATEMENT OF WORK – SERVICE REQUIREMENTS

Contractor’s Service Requirements

Intellectual Property Licenses and Releases

Contracted Account Staff

End of Contract Transition

4. FINANCIAL TERMS AND CONDITIONS

Maximum Contract Amount

Increase in the Maximum Contract Amount

Availability of Funds

Purchase of Services/Utilization

Contract Issuance

Delivery

Acceptance of Work Performed

Invoicing and Payment

Accounting Systems

Contract Monitoring Audit, Access to Records, Records Retention Delivery of Notices

5. PROPOSAL PROCESS AND GENERAL INFORMATION FOR RESPONDENTS

Understanding of RFP Requirements

RFP Addenda

Calendar of Events

Point of Contact

Prohibition Against Unauthorized Contact

Respondents Questions

Obligation to Update Information Supporting Proposal

Multiple Proposals Prohibited

Ownership of Proposals

Proposals Subject to Disclosure under the Public Information Act Rejection of Proposals and Cancellation of RFP Proposals Not Binding on OOG Costs Incurred Proposal Tenure No Obligation of the OOG for Discussion of Proposals with Respondents The OOG’s Right to Obtain Additional Information Changes, Modifications and Cancellation Proposal Evaluation Evaluation Criteria and Process Evaluation Criteria Discussions, Negotiations and/or Best and Final Offers Overall Best Value Considerations Past Performance, Including Reference Checks Response to the OOG’s Requests for Information Complete Proposals Required Acceptance/Rejection/Modification to Proposals Award Protest Procedure

6. PROPOSAL CONTENT REQUIREMENTS

Due Date of Proposals

Purpose

Responsive Information

Content of the Proposal

Response Format and Organization

Submitting the Proposal

1. GLOSSARY OF TERMS

This Glossary assigns definitions to the listed terms. The definition given to a term listed in this

Glossary applies whenever the term appears in this RFP and in any response, including a proposal, to this RFP.

Account Manager

The individual who oversees and provides direction for and manages all activities under the Contract including, but not limited to, all activities and services performed and provided under the Contract, including responsibility for the management, accounting for the entire Contract, billing, and reporting.

Acceptable Quality Level

The level of performance of requested services, based entirely on the judgment of the OOG staff, below which the Contract will not be paid and/or damages may be assessed.

Addendum

A modification of the specifications contained in the RFP and distributed to prospective Respondents prior to the opening of responses.

Business Day

The State of Texas’s business days are Monday through Friday, 8:00 a.m. through 5:00 p.m., except for scheduled State of Texas holidays (see, http://www.hr.sao.texas.gov/Holidays).

Contract

The contract awarded as a result of the RFP and all exhibits thereto, as further described in Section 2 of

Part B of the RFP.

Contractor

The Respondent(s) awarded a Contract as a result of the RFP.

CPA

The Texas Comptroller of Public Accounts.

ESBD

The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/sp.

Fiscal Year

The State of Texas fiscal year is the period beginning September 1 and ending the subsequent August

31.

http://www.hr.sao.texas.gov/Holidays) http://www.txsmartbuy.com/sp

Generally Accepted Accounting Principles (“GAAP”)

A set of rules that encompass the details, complexities, and legalities of business and corporate accounting.

Historically Underutilized Business (“HUB”)

A business certified by the CPA that is a historically underutilized business as defined by Texas

Government Code, Title 10, Subtitle D, Chapter 2161. For further explanation, see the CPA administrative rules at Title 34, Texas Administrative Code, Part 1, Chapter 20, Subchapter D, Division

1 and https://comptroller.texas.gov/purchasing/vendor/hub/.

Office

The Office of the Governor of Texas.

OOG

The Office of the Governor of Texas.

Party/Parties

The OOG and/or the Contractor, separately or collectively.

Performance Period

Each annual period of the Contract Term, running contemporaneously with a Fiscal Year, during which the Contractor will perform the required services under the Contract. Each Performance Period will be separately budgeted by the OOG, subject to available appropriations.

1.16 Remote CART

An assistive service that involves the transcription of spoken word to text, to be displayed in real-time on a screen or other display.

Respondent

An entity submitting a proposal in response to the RFP.

RFP

Request for Proposals, which is the type of solicitation embodied in this document.

Works

All documents, reports, statistical analyses, work papers, work products, materials, approaches, designs, specifications, systems, documentation, methodologies, concepts, research, materials, intellectual property or other property developed, produced, or generated in connection with the Contract.

2. GENERAL INFORMATION

Purpose of Procurement

The Office of the Governor seeks written proposals from qualified Respondents in accordance with the specifications contained in this RFP for a firm that provides Remote Communication Access Real Time

(CART) services. Under the terms of this RFP, the OOG intends to select one or more qualified firms to provide the OOG with Remote CART services on an as-needed, as-requested basis. Such services are intended to be utilized by all divisions of the Office. The Office currently uses these services for webinars, meetings, and announcements to constituents.

Procurement Authority

The solicitation and contract are authorized by Texas Government Code Title 10, Subtitle D (the

“Purchasing Act”). The solicitation and contract are subject to all applicable requirements of the

Purchasing Act, in particular Chapters 2151 (General Provisions), 2155 (Purchasing: General Rules and

Procedures); and 2157 (Purchasing: Purchase of Automated Information Systems) of the Texas

Government Code; those requirements established by rule of the CPA, Statewide Procurement Division, as contained in Title 34, Texas Administrative Code, Chapter 20; and to other applicable Federal and

State statutes and rules herein cited.

Term of Contract

2.3.1. Primary Term

The primary term of the Contract awarded as the result of this RFP (if any) shall commence the date of last signature on the Contract (“Effective Date”), and shall terminate on August 31, 2026, unless terminated earlier pursuant to the terms of the Contract. The primary term plus any renewal terms or extensions, if any, shall constitute the “Contract Term.”

2.3.2. Renewal Terms

The OOG shall have the right to renew the term of the Contract for up to the three (3) additional twelve (12) month periods through August 31, 2029 with consideration to

Contractor performance.

2.3.3. Optional Extension

Upon the exhaustion of any and all renewal terms, the OOG may, in its sole discretion, extend the term of the Contract in any increment of months for up to six (6) months if the OOG determines that an extension is necessary to facilitate the transition services to a new vendor.

The OOG shall provide the Contractor with written notice of its intention to extend the term of the Contract in writing at least thirty (30) days prior to the Contract termination date. Any compensation to the Contractor for this extension period would be based upon negotiated rates between the OOG and the Contractor and/or the reimbursement for actual expenses.

Parts Incorporated

All attachments listed in the Table of Contents are incorporated into and expressly made a part of this

RFP.

Captions/Headings

The captions to the sections of this RFP are for convenience only and shall not affect the construction or interpretation of the RFP’s substantive terms.

3. STATEMENT OF WORK – SERVICE REQUIREMENTS

Services shall include, but are not limited to, the requirements contained in this RFP. Services set forth that contain the words “must” or “shall” are mandatory and must be provided as specified with no alteration, modification, or exception. Commodities/Services set forth that contain the words “may” or

“can” allow Respondents to offer alternatives to the manner in which the commodities/services are provided. The requested commodities/services and corresponding deliverables are as follows:

Contractor’s Service Requirements

The Contractor shall provide Remote CART services as-needed for the Office of the Governor.

At a minimum, the Contractor shall provide the Office with the following services:

Remote CART word-for-word transcription of spoken words to text, to be displayed in real-time on a screen or other display.

3.1.1. Location – The Contractor must provide services virtually from a remote location.

3.1.2. Software – The Contractor must perform Remote CART from using existing software already available to the Contractor.

3.1.3. Transcripts – The Contractor must provide unedited transcripts of the transcribed spoken word to the Office upon request.

3.1.4. As-Needed Services – The Contractor must perform services on an as-needed basis, with appropriate prior notification provided by the OOG.

3.1.5. Proficiency – The Contractor must be able to provide Remote CART services at 175 words per minute with at least 95% accuracy. Respondents shall be able to provide staff with one or more of the following certifications:

Certified CART Provider (CCP) - National Court Reporters Association

Certified Broadcast Captioner (CBC) - National Court Reporters Association

Certified Realtime Reporter (CRR) - National Court Reporters Association

Level III through V Certificate of Competency from the Texas Court Reporters

Association

3.1.6. Troubleshooting – The Contractor shall provide contact information for relevant personnel assigned to troubleshoot issues. Should any issues arise Contractor must have processes in place to provide an immediate corrective response.

3.1.7. Integration – The Contractor must have the capability to integrate with remote video conferencing platforms such as Teams, Zoom, Webex, and Go-To-Meeting.

Intellectual Property Licenses and Releases

The Contractor shall be responsible for securing the Intellectual Property Rights for all Works (including the services) to be provided to the OOG under the Contract, including, but not limited to, all releases, licenses, waivers, permits, model releases for use of talent, copyrighted or trademarked materials, information, sound and/or images that are or may be subject to Intellectual Property Rights. The

Contractor shall be solely and exclusively responsible for any contracts, agreements, licenses, releases, fees, or negotiations needed to obtain the necessary intellectual property rights for such Works.

Contracted Account Staff

The Contractor shall dedicate qualified professional staff who have demonstrated experience in providing services necessary to the completion of Contract requirements. The Contractor must dedicate an individual to oversee all activities of the Contract including, but not limited to, the management, accounting for the entire Contract, and billing and reporting. Such an individual will be the OOG’s primary contact.

End of Contract Transition

Upon any termination of the Contract, beginning at a time determined solely by the OOG, the OOG may require the Contractor to provide all necessary services to ensure account transition, account familiarization, and transfer of services to any new vendor of the OOG. The OOG may, in its sole discretion, maintain concurrent contracts for a limited period in order to facilitate this transition.

4. FINANCIAL TERMS AND CONDITIONS

Maximum Contract Amount

The OOG’s maximum liability to the Contractor, in consideration for the full, satisfactory, and timely performance of all its duties, responsibilities and obligations as set forth in the Contract or arising out of any performance as the result of this RFP, shall not exceed $27,000 (“Maximum Contract Amount”) for the initial Performance Period beginning on the Effective Date. The Contractor will not be compensated for services performed before the Effective Date of the Contract. The Contractor shall have no entitlement to payment of the maximum liability amount.

Increase in the Maximum Contract Amount

The Contractor shall monitor all invoices to ensure that the amount of each new invoice added together with all previous invoices during the current Performance Period will not exceed the Maximum Contract

Amount for the Performance Period. The Contractor shall provide sixty (60) calendar days advance notice to the OOG in the event that the cost of services is anticipated to exceed the Maximum Contract

Amount for the Performance Period. Any increase(s) in the Contract amount for a given Performance

Period as a result of any renewals or extensions shall require a written amendment to the Contract executed by the parties that specifies the new Maximum Contract Amount for the Performance Period.

The total of any and all such increase(s) should not exceed 25% of the original amount determined for that Performance Period.

Availability of Funds

The Contractor agrees that nothing in the Contract will be interpreted to create an obligation or liability of the OOG in excess of the funds delineated in the Contract. The Contractor agrees that funding for this

Contract is subject to the actual receipt by the OOG of funds appropriated to the OOG. The Contractor agrees that the funds, if any, received from the OOG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OOG for the purpose of the

Contract. The Contractor agrees that notwithstanding any other provision of the Contract, if the OOG is not appropriated the funds or if the OOG does not receive the appropriated funds, or if the funds appropriated to the OOG are required to be reallocated to fund other state programs or purposes, then the OOG may reduce the Maximum Contract Amount or terminate the Contract without cost or penalty.

Purchase of Services/Utilization

The OOG cannot and does not guarantee the purchase of particular level, quantity, or utilization of any services during the Contract Period (including any optional Contract renewal or extension periods). All quantities of services and work products shall be purchased upon OOG’s request, in “as-needed” quantities, on an “as-needed” basis, as determined by OOG. No authorization for the purchase of any services is provided until the Contractor receives such written notice from the OOG in accordance with the terms of the Contract.

Contract Issuance

The OOG shall issue an executed Contract, or amendment as applicable, as written notice for all

Contract, Contract renewal or extensions, and authorizations for the purchase of services specified in the

Service Requirements in Section 3 of Part A of this RFP. No authorization for the purchase of any services is provided until such Contract or, if applicable, amendment, has been fully-executed by the

Contractor and the OOG. Upon notice from the OOG that a Contract or amendment, if applicable, has been properly executed, the Contractor shall identify the Account Manager authorized to receive direction from the OOG, to manage the work being performed, and to act on behalf of the Contractor.

The Contractor shall ensure that its Account Manager, or his or her authorized designee, is available during regular business hours for consultation with the OOG.

Delivery

All deliveries of the services authorized under the Contract shall be made in accordance with the Contract

Service Requirements in Section 3 of Part A of this RFP. No substitutions or cancellations shall be permitted without prior written approval of the OOG. The Contractor shall keep the OOG advised at all times of the delivery status of services to be provided. If the Contractor foresees problems, delays, or adverse conditions that may prevent the Contractor from providing services, the Contractor shall give timely written notice to the OOG that explains the reasons for the delay and proposes an alternate method of delivery of the services for the OOG’s approval. The OOG, in its sole discretion, has the right to accept or reject the proposed alternative delivery. Default in promised delivery of services, without OOG authorization, authorizes the OOG to purchase services elsewhere and to charge to the defaulting

Contractor the full amount of any increase in costs associated with procuring replacement services.

Default in the Contractor’s delivery may result in termination of the Contract for reason of default.

Acceptance of Work Performed

All work performed by the Contractor shall be accepted in writing by an authorized official of the OOG before payment will be approved. Acceptance shall be based upon the Contractor’s compliance with all applicable Contract requirements. The OOG will not pay for work which is of poor quality and/or fails to fully comply with the Contract requirements. Should the OOG determine, in its sole discretion, that the Contractor’s work is of poor quality and/or the Contractor fails to perform services in a manner that complies with the Contract requirements, the OOG may, to the extent possible, require the Contractor to promptly re-perform the services in conformity with the Contract requirements at no additional cost to the OOG, or the OOG may reject payment of invoices for the Contractor’s poor-quality or non-compliant work without penalty or further obligation to the Contractor. The OOG may further require new performance, a refund, or offset in the event that work is discovered after payment has been made to be either unauthorized or below the accepted quality level. Failure to perform work in compliance with all

Contract requirements may result in termination of the Contract for reason of default.

Invoicing and Payment

4.8.1. All invoices for services provided shall be submitted to the OOG on a timely basis. Any invoice that does not comply with the minimum requirements stated in this section may not be considered valid and may be subject to rejection and/or return to the Contractor.

Upon the request of the OOG, the Contractor must submit to the OOG any additional documentation or explanation. The OOG may require supporting document(s) for the requested payment under the Contract.

4.8.2. As a prerequisite to the OOG’s ability to process any payments to the Contractor under the Contract, the Contractor shall provide the OOG with required tax and payee identification information in the form of a completed “Application for Texas

Identification Number” (information is available on the CPA’s website at https://fmx.cpa.texas.gov/fmx/payment/resources/svpr_all.php). If the Contractor has previously completed the required documentation to obtain a Texas Identification

Number (“TIN”) prior to the effective date of the Contract, the Contractor may satisfy this requirement by providing the OOG with the Contractor’s current TIN, name, and address to permit the OOG to verify registration in the TIN System with the CPA.

4.8.3. Each invoice presented must include: (i) the OOG’s Contract number; (ii) the

Contractor’s TIN; (iii) the name and division of the OOG contact; (iv) a report for the services provided under the Contract; (v) description of each service and the dollar amount attributable to each; and (vi) the name of the entity or individual to which each service is attributable. The OOG’s receipt of an acceptable invoice is required under this section.

4.8.4. The Contractor shall submit itemized monthly invoices once every thirty (30) calendar days for all services completed, delivered to and accepted by the OOG, per the Contract requirements. Invoice amounts shall be in United States dollars. All invoices shall be made payable to the Contractor at the address for the TIN on file with the CPA and/or with the wire transfer instructions indicated in the Contract.

4.8.5. Invoices and payment inquiries shall be submitted directed to:

ap@gov.texas.gov or by mail to:

Office of the Governor

Accounts Payable

P.O. Box 12878

Austin, Texas 78711-2878

4.8.6. Each invoice is subject to review and approval by the OOG before payment will be processed. Invoices will be reviewed, and the Contractor notified of any errors in its invoice in accordance with the timeframe specified in Chapter 2251 of the Texas

Government Code (the “Texas Prompt Payment Act”). Upon acceptance of the

Contractor’s performance and receipt of an acceptable invoice required to be submitted under this section, the OOG will process payment to the Contractor in accordance with the Texas Prompt Payment Act. It is the policy of the OOG to make payment on a properly-prepared and -submitted invoice within thirty (30) calendar days after the final acceptance of performance or the receipt of a properly submitted invoice, whichever is later.

4.8.7. The Contractor shall bill and the OOG will make payment to the Contractor for approved costs that are incurred and properly invoiced in accordance with the following:

4.8.8. Subject to the Maximum Contract Amount set forth in Section 4.1 of this RFP, and in consideration of full and satisfactory performance of required services, the OOG shall pay the Contractor at the hourly rates in accordance with the Contractor’s Fee

Schedule, which shall be an exhibit to the Contract and in the form set forth as Exhibit

E to the RFP. Compensation shall be paid for time spent actually working on matters of the OOG. Off-duty hours while traveling shall not be compensated.

4.8.9. By submission of the invoices, the Contractor is warranting the following: (i) its invoices have been carefully reviewed to ensure that all invoiced services have been performed and provided in compliance with all terms of the Contract; (ii) the charges shown on the invoice are allowable costs that are reasonable and necessary, and where applicable, do not exceed the amounts provided for in the Contract; (iii) the amount of each new invoice added together with all previous invoices do not exceed the Maximum Contract Amount as referenced in the Contract; and (iv) all supporting documentation is attached.

4.8.10. Upon satisfactory completion by the Contractor of services identified in the Contract, acceptance by the OOG, and the OOG’s release of any payment holds, the Contractor will be paid the unpaid balance of any money due for such services in accordance with the payment terms outlined in the Contract. The Contractor understands and agrees that determination of satisfactory completion will be based entirely on the judgment of the staff of the OOG, and that the OOG and its staff are not liable for any damages to the

Contractor or any subcontractors for claims arising from the OOG’s enforcement of the requirements of this section.

mailto:ap@gov.texas.gov

Accounting Systems

The Contractor shall have an accounting system that accounts for costs in accordance with GAAP or

International Accounting Standards (“IAS”). The Contractor’s accounting system must include an accurate and organized file/records system for accounting and financial purposes for providing backup materials for billings.

Contract Monitoring

The Contractor’s performance will be monitored regularly as work is performed in accordance with the terms and conditions of the Contract. Monitoring activities may include, but are not necessarily limited to:

4.10.1. Invoice review to ensure compliance with all applicable Contract terms and conditions;

4.10.2. Performance review and project planning meetings to be held in Austin, Texas or as may otherwise be coordinated between the OOG and the Contractor; and

4.10.3. On-site reviews at the Contractor’s work site, to include observation, monitoring, and interview of the Contractor’s staff to ascertain their understanding of the Office’s goals, review key Contract requirements and service documentation, review fiscal records, and observe operations with respect to the OOG’s account.

Audit, Access to Records, Records Retention

4.11.1. Inspections. Throughout the Contract Term, all services provided under the Contract may be subject to inspection and testing by the OOG’s authorized representatives. The OOG reserves the right, at all reasonable times, to have access to and inspect all services provided by the Contractor and its subcontractors, including, but not limited to, all

Works, facilities, equipment, supplies, and pertinent records or written material relating to the Contract requirements. Failure of the Contractor and its subcontractors to provide reasonable access to authorized representatives of the OOG who desire to perform such inspections or tests may result in termination of the Contract for reason of default. In the event inspected or tested services are deemed unacceptable by the OOG for failure to meet or exceed all Contract requirements, the cost of the sample used and the cost of testing shall be borne by the Contractor. The OOG’s discovery of latent defects in the services purchased under the Contract may result in revocation of acceptance of any service and may result in the Contractor being required to refund or offset related

Contract payments.

4.11.2. Contractor Cooperation. The Contractor will cooperate fully in any monitoring, inspection, assessment, review, or audit conducted by the OOG or its authorized representatives related to any services provided under the Contract or billed to the OOG.

The Contractor will remedy within thirty (30) calendar days any weaknesses, deficiencies, Contract noncompliance, or audit exceptions found as a result of a review by the OOG or its authorized representatives. Such remedy may include a refund or offset of Contract payments, or any other appropriate actions deemed necessary by the

OOG. The Contractor’s failure to comply with this requirement shall be grounds for termination of the Contract, for reason of default.

4.11.3. Access to Records. The OOG or its authorized representatives shall have access to books, records, documents, financial records, and any other information, pertinent to performance of all work under the Contract for the purpose of audit, review, inspection, copying, and/or audit. This right of access applies to services provided or performed by, or financial records pertaining to, all subcontracts and subcontractors. The Contractor shall provide proper facilities for such access and inspection, or otherwise promptly make such records available to the OOG or its authorized representatives through the production or copying of any documents or information required by the OOG at the

Contractor’s expense.

4.11.4. Records Retention. The Contractor shall maintain adequate records to support its charges, procedures, and performances for all work relating to the Contract. Records shall be maintained by the Contractor and made available to the OOG and its authorized representatives during the Contract Term and thereafter until the later of the expiration of: (i) seven (7) years from date of final payment by the OOG for the services provided under the Contract; or (ii) seven (7) years from date of final completion of any audit, dispute, litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken.

4.11.5. State Auditor. In addition to and without limitation on the other audit provisions of the

Contract, pursuant to Section 2262.154 of the Texas Government Code, the Texas State

Auditor’s Office may conduct an audit or investigation of the Contractor or any other entity or person receiving funds from the OOG directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds by the Contractor or any other entity or person directly under the Contract or indirectly through a subcontract under the Contract is acceptance of the authority of the Texas State Auditor’s Office to conduct an audit or investigation in connection with those funds. The Contractor or other entity that is the subject of an audit or investigation by the Texas State Auditor’s Office must provide the Texas State Auditor’s Office with access to any information the Texas

State Auditor’s Office considers relevant to the investigation or audit. The Contractor further agrees to cooperate fully with the Texas State Auditor’s Office in the conduct of the audit or investigation, including providing all records requested. The Contractor shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards. The Texas State Auditor’s Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of the Contractor related to the Contract.

Delivery of Notices. Any notice required or permitted under the Contract by one Party to the other Party must be in writing and correspond with the contact information noted in this section. Any notice required or permitted to be given under the Contract may be given by regular first-class mail and/or email and shall be deemed to have been given on the date of attempted or actual delivery to the recipient if addressed to the receiving party at the address specified in this section. At all times, the Contractor will maintain and monitor at least one active email address for the receipt of Contract-related communications from the OOG. It is the Contractor’s responsibility to monitor this email address for Contract-related information.

4.12.1. Contractor’s Contact Information. The mailing address of the Contractor for all notices is:

<TBD>

4.12.2. Office of the Governor’s Contact Information. The mailing address of the OOG for all notices is:

Jodie Johnston

Office of the Governor of Texas

P.O. Box 12428

Austin, TX 78711

Jodie.Johnston@gov.texas.gov

5. PROPOSAL PROCESS AND GENERAL INFORMATION FOR RESPONDENTS

Understanding of RFP Requirements. The Respondent is solely responsible for thoroughly understanding the RFP and its attachments, exhibits, and forms. By submitting a proposal in response to this RFP, the OOG has a right to assume that the Respondent fully understands the RFP specifications and will abide by all terms and conditions of the RFP. Respondents shall have no right to cancellation or relief without penalty from the Contract awarded as the result of this RFP (if any) based on any purported misunderstanding or lack of information.

RFP Addenda. To the extent there are any revisions or additions to the information provided or requested in the RFP, an Addendum to the RFP will be posted on the ESBD. Any Addenda so issued are to be considered part of the specifications of the RFP. If a Respondent fails to monitor the ESBD for any revisions or additions to the RFP, such failure will not relieve the

Respondent of its obligation to fulfill the requirements as posted.

Calendar of Events. The solicitation process for this RFP will proceed according to the schedule below. The OOG reserves the right to revise any of the time periods listed below and will post all changes by published Addendum on the ESBD at http://www.txsmartbuy.com/sp.

Event Date

Deadline for Respondent Submission of RFP Questions

12/18/2024 at 3:00pm CST

The O O G ’ s Response to Questions Posted on the ESBD

12/20/2024 at 4:00pm CST

Deadline for Respondent Submission of Proposals

01/08/2025 at 2:00pm CST

Anticipated Start Date 01/14/2025 mailto:Jodie.Johnston@gov.texas.gov http://www.txsmartbuy.com/sp

Point of Contact. Respondents shall direct all communications concerning this RFP to the point of contact listed and shall make no contact with other personnel of the OOG regarding this RFP, except as permitted by the point of contact.

Jodie Johnston, Certified Texas Procurement Manager

CTPM Number 1900041693

Office of the Governor of Texas

Financial Services Division

Phone: 512-936-6745

Email: jodie.johnston@gov.texas.gov

Prohibition Against Unauthorized Contact. The OOG is committed to a procurement process that maintains the highest level of integrity. Accordingly, Respondents, as well as their agents, liaisons, advocates, lobbyists, governmental affairs representatives, representatives or others promoting their position, are limited to those communications authorized by and described in this RFP. Any attempt to influence any of the participants, whether that attempt is oral or written, formal or informal, direct or indirect, outside of this

RFP process is strictly prohibited and may result in disqualification of the Respondent.

Should allegations of improper contact be made prior to Contract award, the OOG may investigate those allegations and, in its sole discretion, disqualify a Respondent.

Respondents Questions. Written questions from Respondents concerning this RFP will be accepted and responses posted on the ESBD according to the timetable established in the

Calendar of Events in Section 5.3 of Part A of this RFP. Inquiries received after the deadlines set in the Calendar of Events may be reviewed by the OOG but may not be answered. Any addenda or amendments, whether made as a result of a prospective Respondent’s written questions or otherwise, will be posted on the ESBD. It is the responsibility of the Respondent to check the ESBD for addenda, amendments, and answers to Respondent questions.

5.6.1. Any questions concerning this RFP should be directed to the point of contact identified by the Deadline for Respondent Submission of RFP Questions identified in Section 5.4 of Part A of this RFP. The OOG has no obligation to respond to Respondent inquiries that are received after the Deadline for Respondent Submission of RFP Questions.

5.6.2. Prior to submitting a proposal, a Respondent shall identify in writing and seek clarification as to any ambiguity, conflict, discrepancy, exclusionary specification, omission, or error in this RFP (collectively, “Errors”). In no event shall a Respondent be entitled to additional compensation, relief or additional time for preparing its proposal by reason of any alleged Errors, addenda, or corrections to the RFP. If a Respondent fails to identify and seek written clarification of any Errors, the Respondent shall submit its proposal at its own risk; and, if awarded the Contract, the Respondent shall be deemed to have waived any claim to contest the OOG’s interpretation thereof.

Obligation to Update Information Supporting Proposal. Following the submission of a proposal and prior to the signing of the Contract, a Respondent is under a continuing obligation to notify the OOG in writing of any updates or changes to information offered in support of its proposal that might reasonably be expected to affect the OOG’s consideration of the proposal. Nothing in this section shall be interpreted to permit the unilateral mailto:jodie.johnston@gov.texas.gov modification by a Respondent of its commitment to provide any services described in its proposal as filed for the cost stated therein.

Multiple Proposals Prohibited. Each Respondent may submit only one proposal. If a

Respondent submits more than one proposal, all proposals from that Respondent may be rejected.

Ownership of Proposals. All proposals and accompanying documentation become property of the OOG and shall not be returned. The OOG reserves the right to use any and all ideas presented in a proposal unless the Respondent presents a valid legal claim that such ideas are trade secret or confidential information and identifies the information as such in its proposal.

A Respondent may not object to the use of ideas that are not the Respondent’s Intellectual

Property Rights and so designated in the proposal that: (i) were known to the OOG before the submission of the proposal; (ii) were in the public domain through no fault of the OOG;

or (iii) became properly known to the OOG after proposal submission through other sources or through acceptance of the proposal. Proposals that have been copyrighted, in whole or in part, by any Respondent may be rejected as non-responsive.

Proposals Subject to Disclosure under the Public Information Act. The OOG is subject to the Texas Public Information Act (the “Act”), Texas Government Code, Chapter 552.

Accordingly, after the award and/or execution of the Contract, all proposals, offers and other information submitted by a Respondent to the OOG in response to the RFP are presumed to be subject to disclosure as public information. However, a proposal or specific parts thereof may be demonstrated by a Respondent to fall within one or more of the legal exceptions to disclosure provided in the Act. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. If it is necessary for a

Respondent to include proprietary or otherwise confidential information in its proposal, that particular information should be clearly identified in its proposal. The Respondent should specify the confidential information by marking “Confidential” on each page or by each paragraph containing such information prior to submitting the proposal to the OOG.

Respondents are further encouraged to identify the specific legal exception that applies to each item marked “Confidential.” Vague and general claims to confidentiality, such as marking an entire proposal as “Confidential” or “Copyrighted,” are generally unacceptable.

The OOG will notify a Respondent if all or part of its proposal is requested under the Act.

Failure of a Respondent to timely respond to such notification may result in the release of all or part of the proposal as public information. It is the Respondent’s obligation to timely submit briefing to the Office of the Attorney General of Texas in accordance with the Act, setting forth the legal basis upon which the requested information should remain confidential.

The OOG assumes no responsibility for asserting legal arguments to the Office of the

Attorney General of Texas on behalf of Respondents.

Rejection of Proposals and Cancellation of RFP. Issuance of this RFP and/or receipt of proposals does not constitute a commitment on the part of the OOG to award a Contract. The

OOG maintains the right to accept or reject any or all proposals and to cancel this RFP, re-issue a subsequent solicitation, and/or remedy technical errors in the RFP process if the OOG, in its sole discretion, considers it to be in the best interests of the State of Texas to do so. The decision of the OOG in this regard shall be conclusive.

Proposals Not Binding on OOG. Any terms and conditions attached to the proposal by

Respondent that are purported to be binding on the OOG will not be considered binding on the OOG in any manner and may result in disqualification of the Respondent.

Costs Incurred. Respondents understand that issuance of this RFP in no way constitutes a commitment by the OOG to award a Contract or to pay any costs incurred by a Respondent in the preparation of a proposal. The Respondent is responsible for any expense related to the preparation, submission, and presentation of its proposal. Costs of developing proposals, negotiations, or any other similar expenses incurred by a Respondent are entirely the responsibility of the Respondent and will not be reimbursed in any manner by the OOG.

Proposal Tenure. Any proposal may be withdrawn in writing prior to the date and time set for receipt of proposals. Any proposal submitted and not withdrawn prior to the date and time set for receipt of proposals will be considered a valid offer. All proposals shall be valid for a period of one hundred and eighty (180) calendar days after the deadline for submitting proposals.

No Obligation of the OOG for Discussion of Proposals with Respondents. The OOG reserves the right to select one or more qualified Respondent(s) to this RFP without providing any

Respondent with an opportunity to present or discuss its proposal.

The OOG’s Right to Obtain Additional Information. By submitting a proposal, Respondents grant the OOG the right to obtain any information from any lawful source regarding the past history, practices, conduct, ability and eligibility of Respondents to supply goods and services, and to fulfill requirements under this RFP, and the past history, practices, conduct, ability and eligibility of any director, officer or key employee of Respondents. By submitting a proposal, Respondents generally release from liability and waive all claims against any party providing information about Respondents at the request of the OOG. Such information may be taken into consideration by the OOG in evaluating proposals.

Changes, Modifications and Cancellation. The OOG reserves the right to make changes to and/or cancel this RFP and will post all changes and modifications, whether made as a result of a potential Respondent’s written inquiries or otherwise, and cancellation notices on the

ESBD. It is the responsibility of the Respondent to check the ESBD for any additional information regarding this RFP. If a Respondent fails to monitor the ESBD for any changes or modifications to the RFP, such failure will not relieve the Respondent of its obligation to fulfill the requirements as posted.

Proposal Evaluation

5.18.1. Initial Screening of Proposals. The OOG’s Financial Services Division will conduct an initial screening of all proposals received to determine timeliness, responsiveness, and completeness of the proposals. Non-responsive, incomplete, or late proposals will not be considered for further evaluation.

5.18.2. Evaluation Committee. The OOG intends to conduct a fair, comprehensive, and impartial evaluation of all proposals received in response to this RFP using an evaluation committee. The evaluation committee will be selected by the OOG’s Financial Services

Division and may consist of employees of the OOG or outside individuals with relevant expertise. In addition, the OOG’s General Counsel Division and outside legal counsel may assist by advising the evaluation committee. The OOG’s employees and executive administration may also assist in the process as technical non-voting members of the evaluation committee.

Each member of the evaluation committee will independently score each proposal responsive to this RFP. Evaluation committee members may seek, obtain and consider the opinions of other committee members or subject matter experts (including the OOG staff, staff from other Texas agencies and consultants retained by the OOG when evaluating and independently scoring particular areas of the proposals).

The evaluation committee may request clarification of information or representations in a proposal before completing the initial evaluation. Requests for clarification and responses to requests for clarification will be in writing and will become part of the evaluation record.

All such responses to requests for clarification must be directed to the Point of Contact as set forth in Section 5.4.

The evaluation committee also may consider any references provided, as well as vendor performance reviews maintained by the CPA under Texas Government Code, Section

2262.055.

Evaluation Criteria and Process. The intent of the OOG is to award the Contract to the

Respondent whose proposal is considered to be the best value to the State of Texas. The

OOG has the sole discretion and reserves the right to reject any or all proposals. The OOG further reserves the right to take as much time as it deems necessary during the period of one hundred and eighty (180) calendar days from the deadline for submitting proposals in order to properly evaluate proposals.

5.19.1. Weighted Evaluation Scoring Criteria. The OOG intends to evaluate proposals using the following weighted scoring criteria, subject to overall best value considerations as authorized by law:

Criteria Weight

Company Information/Financial Responsibility 10%

Experience/Qualifications/References 20%

Proposal Content and Responsiveness 35%

Compensation 35%

100%

Evaluation Criteria

5.20.1. Evaluation of Company Information. All proposals will be evaluated based on company information and Financial Responsibility (as provided in Tab 3 of the proposal), including a review of the Respondent’s demonstrated financial capacity to provide the services described in Section 3 of Part A of this RFP.

5.20.2. Evaluation of Experience, Qualifications, and References. Responsive proposals will be evaluated based on the qualifications, experience and resources of each Respondent, and each Respondent’s past experience in servicing accounts of similar type and scope as required by the OOG (as provided in Tabs 4, 5, and 6 of the proposal). This evaluation may include, but is not limited to, demonstrated success in providing similar services, provided work samples, proposed account personnel, past performance as referenced in

Section 5.23 of Part A of the RFP, and each Respondent’s resources and capability to perform the services.

5.20.3. Evaluation of Proposal Content and Responsiveness. Responsive proposals will be evaluated by examining criteria which include, but are not limited to, incorporation of non-negotiable elements and the feasibility of the Respondent’s response. The OOG will select a Contractor based on demonstrated knowledge and experience and compatibility with the goals and objectives of the OOG.

5.20.4. Evaluation of Compensation. Responsive proposals will be evaluated based on their proposed compensation, including the reasonableness of the proposed compensation.

This evaluation will include consideration of all work and costs to be included in the proposed compensation. This includes any transcript, setup, travel, or administrative fees. The OOG will more favorably consider those proposals that offer best value to the

State of Texas for the stated hourly billing rate.

Discussions, Negotiations and/or Best and Final Offers. The OOG will determine, in its sole discretion, if discussions, negotiations, and/or Best and Final Offers (“BAFOs”) are necessary, but the Contract awarded (if any) may be awarded without discussions, negotiations, or BAFOs if it is in the best interest of the OOG. Discussions or negotiations with Respondents may be necessary to clarify or verify written proposals and the OOG may request revisions to proposals by formally requesting BAFOs. The OOG reserves the right to limit the opportunity for the discussions/negotiations/BAFOs to one or more top-scoring

Respondents in the competitive range. The OOG’s written request for clarifications or

BAFOs will include specific instructions for each Respondent as applicable and as to exactly what the Respondent should address. After consideration of any clarifications, negotiations, or BAFOs, the OOG will evaluate the finalist(s) and make a final recommendation for award(s).

Overall Best Value Considerations. The OOG may also consider several enumerated “best value” criteria and any other criteria the OOG deems relevant to the procurement consistent with the applicable and relevant criteria listed in Texas Government Code, Sections

2155.074, 2155.075, and 2156.125, and as required by the CPA’s Administrative Rules, 34

Texas Administrative Code, Sections 20.208 and 20.217, and the CPA’s Contract

Management Guide.

Best value factors that may be considered by the evaluation committee in evaluating proposals may include: (i) the Respondent’s price to provide the requested services; (ii) the probable quality and reliability of the offered services; (iii) the OOG’s evaluation of the likelihood of the proposal to produce the desired outcome for the OOG; (iv) the quality of the Respondent’s past performance in contracting with the OOG, with other state entities, or with private sector entities; (v) the qualifications of the Respondent’s personnel; (vi) the experience of the Respondent in providing the requested services; and (vii) the OOG’s evaluation of the likely financial capacity of the Respondent to perform the requested services.

Past Performance, Including Reference Checks. A Respondent’s past performance will include compliance with the aforementioned best value criteria provisions of Texas

Government Code and may also include consideration of other factors. In addition to evaluating performance through the CPA’s Vendor Performance Tracking System as authorized by 34 Texas Administrative Code, Section 20.509, the OOG may conduct reference checks with other entities regarding past performance. The OOG may also 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.