ESBD_396275_1739551193866_RFP - Website Redesign, Hosting and Maintenance - WFSCCA - FINAL.pdf

REQUEST FOR PROPOSAL

FOR

WEBSITE REDESIGN, HOSTING & MAINTENANCE SERVICES

FOR

WORKFORCE SOLUTIONS CAPITAL AREA

Release Date: February 14, 2025, 1:00 PM (CST) Response Due: March 24, 2025, 1:00 PM (CST)

9001 N I-35, Suite 110E

Austin, Texas 78753

(512) 597-7100 www.wfscapitalarea.com

Workforce Solutions Capital Area is an Equal Opportunity Employer/Program.

Auxiliary aids and services are available, upon request, to persons with disabilities.

Relay Texas: 1.800.735.2989 (TDD) / 711 (Voice)

Table of Contents

SECTION I – GENERAL INFORMATION

A. PURPOSE OF REQUEST FOR QUALIFICATIONS (RFP)

B. BACKGROUND INFORMATION

C. ELIGIBLE PROPOSERS

D. PROPOSER QUALIFICATIONS & COMPETENCIES

E. SCOPE OF WORK

F. OBJECTIVES

G. PROCUREMENT STANDARD

SECTION II – CONTRACT INFORMATION

A. AWARD

B. CONTRACT PERIOD

C. FUNDING CLAUSE

SECTION III – SUBMISSION INFORMATION

A. SUBMISSION

B. PROCUREMENT SCHEDULE*

C. TECHNICAL ASSISTANCE

D. AVAILABILITY OF RFP

E. PROPRIETARY INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT

SECTION IV – PROPOSAL RESPONSE REQUIREMENTS

A. PROPOSAL FORMAT

C. COVER SHEET

D. PROPOSAL VALIDITY PERIOD

E. PROPOSAL NARRATIVE

SECTION V – PROPOSAL REVIEW AND SELECTION PROCESS

A. PROPOSAL REVIEW

B. EVALUATION PROCESS

C. PROPOSAL EVALUATION CRITERIA

SECTION VI – RFP GENERAL INFORMATION

B. EQUAL OPPORTUNITY/NON-DISCRIMINATION

D. OPEN RECORDS

ATTACHMENT A - COVER SHEET

ATTACHMENT B - CERTIFICATION OF PROPOSER

ATTACHMENT C - CERTIFICATONS REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY

MATTERS, AND DRUG-FREE WORKPLACE REQUIREMENTS

ATTACHMENT D - TEXAS CORPORATE FRANCHISE TAX CERTIFICATION

ATTACHMENT E - STATE ASSESSMENT CERTIFICATION

ATTACHMENT F – CERTIFICATION REGARDING CONFLICT OF INTEREST

ATTACHMENT G - CERTIFICATION OF LEGAL AND SIGNATORY AUTHORITY

ATTACHMENT H - CERTIFICATION REGARDING IMPLEMENTATION OF THE NON-DISCRIMINATION & EQUAL OPPORTUNITY

PROVISIONS AND THE WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA)

ATTACHMENT I - UNDOCUMENTED WORKER CERTIFICATION

ATTACHMENT J – BUDGET FORM

ATTACHMENT K – CAPABILITIES CHART

ATTACHMENT L – CYBER SECURITY REQUIREMENTS ACKNOWLEDGEMENT

ATTACHMENT M – CONTRACTOR ONBOARDING REQUIREMENTS

EXHIBIT 1 – SAFEGUARDS FOR TWC INFORMATION

EXHIBIT 2 – BOARD GUIDELINES FOR SECURITY

EXHIBIT 3 - SECURITY MANAGEMENT AND TEXAS CYBERSECURITY FRAMEWORK

SECTION I – GENERAL INFORMATION

A. PURPOSE OF REQUEST FOR QUALIFICATIONS (RFP)

Workforce Solutions Capital Area Workforce Board (Board) is seeking proposals from qualified vendors regarding their capabilities in providing comprehensive website hosting, maintenance, security review and mitigation, and customer experience best practice recommendations. The vendor must ensure high availability, performance, and security, with WordPress as the underlying Content Management System

(CMS).

B. BACKGROUND INFORMATION

About Us The Workforce Solutions Capital Area Workforce Board (hereinafter, “WFS”, “the Board”, “Workforce Solutions”) is the leadership and governing body for the Austin-Travis County workforce system. We are the state-designated authority for the data-driven planning, oversight, and evaluation of workforce development activities in Austin-Travis County. Simply put, we connect local people — youth and adults — to the most in-demand industries with quality jobs.

Workforce Solutions Capital Area connects local people to local jobs by providing specialized services at no cost, including career training, apprenticeship programs, scholarships, resume review, interview prep, job search assistance and more. We also work hand in hand with the Texas Workforce Commission to assist people who are receiving unemployment benefits and help them successfully reenter the workforce.

With the support of public funding, our career centers in Austin provide no-cost resources to Travis County residents including computers with internet access to complete job searches, job applications and training as well as career counselors available in-person and virtually to guide job seekers in accessing the tools they need to advance their careers. Bottom line: We’re here to meet Travis County residents where they are, at any point of their career journey.

Our Website Our website features a large amount of information that is valuable to the many people we serve (nearly 100,000 active users over the last year). Our website was most recently redesigned in 2020. It is hosted on WordPress, currently using the Divi theme.

We currently have over 30 plugins in use – many of which for user experience features – which are bloating our site. These include AWSM Team Pro (team viewer); Better Search; Divi Torque (enhanced Divi module library); Icegram Engage Pro (global banners and pop ups); Max Mega Menu; Modern Events Calendar Lite;

Monarch Plugin (social sharing on posts); Print, PDF & Email by PrintFriendly; Read More Pro (content modals); and The Post Grid Pro (post display shortcodes).

Plugins that are critical to operations include Gravity Forms and Hubspot. We also employ a number of security controls (Salt Shaker; Wordfence; WP Rollback; WPS Hide Login; WPvivid Backup Plugin) and administration-related plugins (301 Redirects; Accessibility Tools & Alt Text Finder; Check & Log Email;

Duplicate Page; and Enable Media Replace; Yoast SEO).

C. ELIGIBLE PROPOSERS

Organizations and providers possessing the capacity and demonstrated ability to perform successfully under the terms and conditions of a contract with the Board may respond to this RFP. Eligible providers include those who can demonstrate experience and expertise of similar scope as this RFP. Minority, disadvantaged, veteran and/or women-owned businesses are encouraged to respond to this RFP.

Proposer must have the necessary technical competence, skills and professional judgment to accomplish the work solicited in the RFP. Proposer must be experienced in working with non-profit, governmental, and quasi-governmental organizations. Proposer must be legally authorized to provide legal services in the State of Texas.

Proposer is responsible for familiarity with all applicable federal and state laws, regulations, and rules in the development of their response to this RFP. The selected contractor will be required to assume full responsibility for all services included in a contract. Contractor may not assign, transfer, or otherwise dispose of any portion of a contract in whole or in part, to any third party, without the prior written approval of the Board.

Entities that are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency are not eligible to respond to this RFP or receive a contract.

D. PROPOSER QUALIFICATIONS & COMPETENCIES

Individuals/organizations in good standing (i.e. not debarred from doing business with federally, state or locally funded agencies), that have the demonstrated capacity, credentials and experience, and can meet the terms of this Request for Proposal.

E. SCOPE OF WORK

The Board seeks a single contractor to deliver the following services:

WordPress Website Redesign & Development: Migrate existing content from Divi to the Gutenberg editor and implement a user-friendly, accessible design.

Content Delivery Review: Redesign shall include a content delivery review and should prioritize user experience and stakeholder journey.

Website Hosting: Provide secure, scalable hosting with ongoing maintenance and support.

Ongoing Support & Maintenance: Deliver regular updates, backups, and technical support, as well as expertise available in managing, securing, and optimizing API integrations.

The selected vendor will be responsible for providing a comprehensive web hosting solution that supports the WordPress CMS, includes only necessary plugins for enhanced functionality, and ensures the security and ongoing maintenance of the website.

Workforce Solutions will have sole control over the content of the website and will own all rights to the website.

F. OBJECTIVES

High Availability and Performance: Ensure the website is operational and responsive at all times, with minimal downtime.

WordPress CMS Integration: Support for the latest version of WordPress, with the ability to easily update and manage content.

Plugin Support: Ability to incorporate various WordPress plugins to extend the functionality of the website as per our requirements.

Security: Implement robust security measures to protect the website from unauthorized access, data breaches, and other cyber threats.

Maintenance and Support: Provide ongoing maintenance and support services to ensure the website remains up-to-date with the latest software patches and security updates.

Deliverables:

Website Design and Infrastructure:

o Redesign a user-friendly, aesthetically pleasing website with responsive, multi-browser support o Maintain current site capabilities, and include features such as:

Filterable reports repository and events calendar with “add to calendar” functionality.

Advanced search, link validation, and multi-language support (e.g., Spanish, Vietnamese).

Page and graphic templates, and well-documented instructions for site updates.

Compliance with SEO best practices, WCAG 2.0 AA standards, and Federal 508 accessibility.

o Utilize a staging site for development, testing, and approval before launch.

o Deliver a complete backup and copy of the final site to Workforce Solutions.

o Provide guidance on selecting and installing additional plugins as needed.

o Configure WordPress settings for optimal performance and security.

Content Delivery Review: Redesign should prioritize user experience and stakeholder journey, which may include:

o Content Audit and Optimization: Review and streamline existing content, addressing gaps and redundancies.

o Stakeholder Journey Mapping: Develop user personas and journey maps to align content with stakeholder needs.

o UX-Driven Content Strategy: Provide recommendations for improved content structure, navigation, and presentation.

o Accessibility and Compliance: Ensure content meets accessibility standards and promotes inclusivity.

o Performance Metrics and Delivery Plan: Define KPIs for content effectiveness and recommend tools for analytics and personalization.

Website Hosting: Following Workforce Solutions’ acceptance of the work product, for a negotiated monthly fee for web hosting, maintenance and support, selected contractor shall provide the following:

o Provide secure hosting with guaranteed uptime and disaster recovery measures.

o Offer monthly maintenance, performance updates, and reporting services, including:

Web server statistics and raw logs.

Scalable bandwidth and redundancy measures.

Provide a hosting plan that supports WordPress, including PHP, MySQL, and HTTPS/SSL for secure connections.

Website operations and maintenance to ensure a clean, healthy, secure, and cross-browser compatible website.

Ongoing Support and Maintenance:

o Regular updates, plugin management, and optimization.

Quarterly maintenance & Google Analytics activity reports Regular updates (CMS/Plugin/Theme/PHP/Security Patches) Broken links scan o Performance monitoring, backups, and rapid recovery solutions.

Scheduled backups (Web files/Database) Scheduled performance checks with alerts o Technical support with defined response times Access to email helpdesk support Helpdesk response time (Mon-Fri 9am – 6pm) CST and after hours contact for emergencies Phone support

Development hours – up to 4 hours of development or minor graphic design time included per month

Documentation Urgent CMS support Expertise available in managing, securing, and optimizing API integrations.

Service Level Agreement (SLA): The SLA will include:

o 99% uptime guarantees with compensation for breaches.

o Transfer of all website data to Workforce Solutions if services are terminated or contractor is insolvent.

o 24/7 downtime monitoring.

o Load time and website speed assessments

Security o Automatic updates that create a restoration point for comparison of the website before and after the update to help roll back the update if something goes wrong.

The updates should include verification assessments, restoration services if needed, scheduled and automatic update options.

o Realtime website protection: Use of WordFence software to provide a high level of security for the website. This includes a Website Application and Website Firewall (WAF):

Malware and hack protection Brute force attacks protection Scan core, theme & plugin o Files:

Scan content for bad URLs Scan for known malware Scan for backdoors o Security Audit: Provide a quarterly WordPress security audits consisting of:

Software update – Verify all WordPress core software, all plugins, PHP and themes are up to date.

Check user accounts and passwords - Review WordPress user accounts by visiting the Users »

All Users page.

Review for suspicious user accounts that should not be there.

Implement security measures including firewalls, malware scanning, and intrusion detection systems.

Conduct regular backups of website data and the ability to restore the site in case of loss.

Implement malware and hack protection Brute force attack prevention & notification Website malware scanning Website up-time monitoring DNS monitoring Blocklist status Smart website firewall Tracking file changes Reports

G. PROCUREMENT STANDARD

It is the policy of the Board to conduct procurement in a manner that provides for full and open competition.

An award will be made only to an organization possessing the qualifications and demonstrated ability to perform successfully under the terms and conditions of a contract. The services solicited under this RFP are procured under the Professional and Consulting Services Method outlined in Chapter 14 of the TWC Financial Manual for Grants and Contracts (FMGC).

SECTION II – CONTRACT INFORMATION

A. AWARD

The proposals most advantageous to the Board in terms of proposer’s qualifications and quality of the proposal will be recommended for contract negotiations.

B. CONTRACT PERIOD

The initial period of performance is anticipated to begin on or after April 28, 2025, through September 30, 2025. The Board may, at its sole discretion, opt to renew the contract for up to four (4) additional one (1) year periods, based on Board satisfaction with contractor performance and the availability of funds. Contract renew periods shall begin on October 1 and end September 30 the following year. In no event shall the total term of a contract extend beyond September 30, 2029. The Board reserves the right to terminate any contract prior to, or extend the end date, and to increase or decrease the contract awarded because of this RFP.

C. FUNDING CLAUSE

Workforce Solutions reserves the right to negotiate fees and costs with any vendor who is qualified per the evaluation criteria.

Funding for the contract agreement is made possible from Federal and State workforce program allocations contracted to Workforce Solutions through the Texas Workforce Commission. Any contract award resulting from this RFP will be subject to early termination in the event Federal and/or State funding from Texas Workforce Commission is terminated or reduced to a level that continued funding of contracted services is no longer feasible. Such termination shall be without penalty. The selected contractor must be willing to accept this Funding Clause and incorporate it into any resulting contract agreement.

For the purpose of compliance with Section 511 of Public Law 101-166 (the Stevens Amendment), 100% of this project is financed by Federal Funds.

D. PROJECT BUDGET

Proposals submitted in response to this solicitation will be competing for an award, final amount to be negotiated, depending on availability of funds and quality of proposals. Interested proposers must complete the Budget Form found in Attachment J.

SECTION III – SUBMISSION INFORMATION

A. SUBMISSION

Electronic copy must be emailed to WFS Procurements at wfs.procurements@wfscapitalarea.com by Response Deadline, 1:00PM (CST) on March 24, 2025. Proposals received after the due date and time will not be accepted or considered under this procurement. No exceptions will be made to this requirement for any reason.

B. PROCUREMENT SCHEDULE*

RFP Release Date February 14, 2025 by 1:00PM (CST)

Response Deadline March 24, 2025 by 1:00PM (CST)

Electronic Submission Email wfs.procurements@wfscapitalarea.com

Estimated Contract Start Date April 28, 2025

Proposers Questions Deadline March 3, 2025 by 1:00PM (CST) Send questions to wfs.procurements@wfscapitalarea.com

Response to Questions Posted March 10, 2025 by 1:00PM (CST)

* Dates are subject to change.

C. TECHNICAL ASSISTANCE

No bidder's conference related to this RFP will be held. After this RFP is issued, questions will be accepted by email only to:

Email: wfs.procurements@wfscapitalarea.com

Questions will be addressed and provided to all respondents if they are received by March 3, 2025 1:00 p.m. (CST). Responses to all questions received will be posted on the Boards website at https://www.wfscapitalarea.com/procurements/ by March 10, 2025, 1:00 p.m. (CST). Neither Workforce staff, contractor employees nor board members may provide individual assistance in writing proposals; only technical questions may be answered.

Proposals may be withdrawn upon written request if made before the response deadline. The cost of submissions or returning proposals that are withdrawn shall be the responsibility of the proposer. Once the response deadline is passed, all proposals will become the property of Workforce Solutions and will not be returned.

D. AVAILABILITY OF RFP

The RFP will be posted on The Board’s website at https://www.wfscapitalarea.com/procurements/ and the Electronic State Business Daily Search at http://www.txsmartbuy.com/sp.

E. PROPRIETARY INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT

Proposer is hereby notified that the Board strictly adheres to all statues, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information. The Board may seek to protect from disclosure all information submitted in response to this RFP until a final agreement is executed. Upon execution of a final agreement, the Board will consider all information, documentation, and other materials requested to be submitted in response to this RFP to be of a non-confidential and non-propriety nature; therefore, subject to public disclosure under Chapter 552.001. Proposer will be advised of a request for public information that applies to their materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General. Certain information that may be protected from release are noted in Sections 552.101, 552.110, 552.113 and 552.131 of the Government Code.

SECTION IV – PROPOSAL RESPONSE REQUIREMENTS

Proposals will become the Board’s property and will not be returned.

A. PROPOSAL FORMAT

1. Proposals must be typed, single-spaced

2. Sequentially numbered pages, including any attachments;

3. Proposals must contain all required elements in the order prescribed; and

4. Proposals that do not conform to this requirement may be considered non-responsive and excluded from consideration under this procurement.

B. SUBMISSION ORDER

1. Cover Sheet (Attachment A)

2. Table of Contents

3. Narrative Response

4. Capabilities Chart (Attachment K)

5. Budget Form (Attachment J)

6. References - names and email addresses

7. Certification of Proposer (Attachment B)

8. Certifications Regarding Lobbying, Debarment and Drug-Free Workplace (Attachment C)

9. Texas Corporate Franchise Tax Certification (Attachment D)

10. State Assessment Certification (Attachment E)

11. Certification Regarding Conflict of Interest (Attachment F)

12. Certification of Legal and Signatory Authority (Attachment G)

13. Certification of Non-Discrimination & Equal Opportunity Provisions and the WIOA (Attachment H)

14. Undocumented Worker Certification (Attachment I)

15. Cyber Security Requirements Acknowledgement (Attachment L)

16. Contractor Onboarding Requirements (Attachment M)

17. HUB Certificate (if applicable)

C. COVER SHEET

Each proposal must be accompanied by a complete proposal Cover Sheet.

D. PROPOSAL VALIDITY PERIOD

Each proposal will remain valid for the Board’s acceptance for a minimum of one hundred twenty (120) days after the submittal deadline, to allow for evaluation, selection and Board action, if applicable.

E. PROPOSAL NARRATIVE

Vendors are requested to provide the following information in their response:

a) Demonstrated Competencies, Qualifications, and Experience

Describe the following:

1. Company Information

• Overview of the company, including years in business and relevant experience.

• List of key clients and relevant case studies (WordPress development and migration (e.g., Divi to Gutenberg; Accessible web design meeting WCAG 2.0 AA standards; Complex feature implementation, such as advanced search, calendar filters, and multi-language support)

• Contact information for at least three references from similar projects.

2. Design Capabilities

• Overview of web design approach, including stakeholder and customer journey considerations

3. Technical Capabilities

• Overview of relevant security assessment methodologies, compliance certifications, and mitigation practices

• Support structure and technical expertise

• Infrastructure details and data center locations

b) Cost Describe the following:

Provide website redesign and hosting pricing, hourly rates, and any other related costs (identify).

Fees and Charges – All potential fees and charges related to the performance of contracted services should be identified. Fees and charges identified will be incorporated into the contract. Provide a budget/cost summary that identifies each in the Budget Form found in Attachment J.

Hourly Rates/Fees – Identify the standard hourly rate/fee for all personnel that will provide various services under a contract: attorneys, paralegals, stenographers, secretaries, legal researchers, etc.

Proposers must comply with applicable cost principles and administrative requirements set out in Federal OMB Super Circular 2, CFR Part 200, and 46 CFR Chapter 1, Part 31, as supplemented by final rules promulgated by the Texas Office of the Governor under the Uniform Grants and Contract Management Standards and TWC’s Financial Manual for Grants and Contracts.

c) Quality of Proposed Solutions & Services Describe the following:

1. Initial recommendations for website hosting, theme, and key plugins and customer experience strategies.

2. Description of recommended maintenance services and methodologies, including regular plugin reviews and updates

3. Any additional information or recommendations that may be relevant to our requirements.

HISTORICALLY UNDERUTILIZED BUSINESS

A "Historically Underutilized Business" is an entity with its principal place of business in Texas, and is at least 51% owned by an Asian Pacific American, Black American, Hispanic American, Native American and/or American woman who reside in Texas and have a proportionate interest and demonstrate active participation in the control, operations and management of the entity's affairs.

Five (5) bonus points will be awarded to responsive proposals submitted by a HUB certified by the Texas Comptroller of Public Accounts, or other bona fide certifying agency. HUBs must identify their certifying agency on the cover sheet, and attach a copy of the notice of certification to be eligible for points awarded under this section. Certifications that are expired or do not meet the criteria specified shall not be considered for the five additional points.

SECTION V – PROPOSAL REVIEW AND SELECTION PROCESS

A. PROPOSAL REVIEW

The selection of award of a contract resulting from this RFP will be made only to a “responsible contractor” who has demonstrated competence and qualifications, including but not limited to a satisfactory record of past performance; integrity and business ethics; and ability to meet the requirements and expectations of this RFP.

B. EVALUATION PROCESS

The evaluation process will consist of:

1. All proposals received by the submission deadline will be reviewed by WFS staff for responsiveness to the requirements and specifications of the RFP. An initial review of responsiveness and compliance with the technical specifications and other criteria specified in the RFP by the Board staff.

2. All “responsive” proposals will be evaluated/scored by a designated review team. Proposals will be evaluated on specific criteria by reviewers using a standardized instrument.

3. Selection and award of a contract will be made based on demonstrated competence and qualifications. Costs are deemed to be fair and reasonable if professional fees are consistent with published fees of professional associations and do not exceed any maximum provided by state law

4. Presentation of scoring and recommendations to the CEO. The CEO will have final contracting approval but reserves the option to consult with representatives of the Board of Directors in the evaluation process. Proposers may be asked to interview the CEO, members of the WFS Board Team, and/or WFS Board members as part of the selection process.

5. Select proposers may be requested to participate in a question-and-answer session with the Executive Committee and/or Board as part of their deliberations.

NOTE: The Board is not required to contract with the entity receiving the highest score/ranking because of the evaluation process. The Board reserves the right to depart from the scoring/ranking if it deems such departure better serves the value and interests of the Board and the workforce system’s customers.

C. PROPOSAL EVALUATION CRITERIA

Proposers must achieve an overall score of at least 70 points to be considered for the award of funds.

The review and evaluation of proposals shall be based upon the following criteria:

1. Demonstrated Competencies, Qualifications, & Experience 50 points

Proposer must demonstrate a history of successfully providing the same or similar type of services as listed in this RFP (e.g., portfolio examples, case studies)

2. Cost 30 points Proposer must provide an hourly rate and identify other related costs.

3. Quality of Proposed Solutions and Services 20 points Proposer must demonstrate an understanding of the project scope

Historically Underutilized Business (HUB) Bonus Points 5 bonus points Proposals that document HUB status will be awarded five bonus points. HUBs must attach a copy of the notice of certification to be eligible for points awarded under this section.

TOTAL POSSIBLE POINTS: 105 points

SECTION VI – RFP GENERAL INFORMATION

A. PROCESS TO PROTEST

Proposers who wish to protest a decision must utilize the following process:

Step 1. Requests for Debriefing – Proposers not selected by this procurement process may appeal the Board decision by submitting a written request for debriefing to obtain information on the procurement process and how their proposal or offer was received and ranked within fifteen (15) working days of the receipt of the Board notification of the procurement decision.

The request for debriefing must be sent by registered mail or hand delivered (please request a receipt) clearly identified externally as “Dated Material” and addressed to:

Tamara Atkinson, Chief Executive Officer

Workforce Solutions Capital Area 9001 N IH35, Ste 110E

Austin, TX 78753

The Board shall acknowledge receipt of the request for debriefing in writing within three (3) days of receipt, along with the date and time of the scheduled debriefing. The debriefing shall be scheduled, as soon as possible, and no later than fifteen (15) working days from the receipt of the request for debriefing.

Step 2. Debriefing – The purpose of the debriefing is to promote the exchange of information, explain the Board proposal evaluation system, and help unsuccessful proposers understand why they were not selected.

In the debriefing the respondent will obtain information on the procurement process, including the proposal evaluation process. Materials provided in the debriefing include a blank copy of the proposal scoring sheet used by readers, spreadsheet of rankings provided to the Board of Directors, and written evaluators’ comments. Board staff will meet with the appealing party and review how the appealing party’s proposal or bid was scored or ranked. Bidders and proposers can gain a better understanding of the Board procurement processes and how to improve their bids or proposals. The debriefing is an educational opportunity for proposers, which hopefully will help them to improve the quality of any future proposals.

Step 3. Written Notice of Appeal – If, after the debriefing, the appealing party wishes to initiate the appeals process, they must submit to the Board a Notice of Appeal. This written notice must clearly state that it is an appeal and identify the funding decision being appealed (i.e. specific date of the RFP, or the Workforce Board of Directors’ action); the name, address, and phone number of the appealing party(s); and specify the grounds of the appeal, including evidence to substantiate the grounds.

A Notice of Appeal must be received by the Board within ten (10) days of receipt of the Board debriefing meeting. All appeals must be filed with and received by the Office of the CEO of the Board during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m., CST). Any appeal received after 5:00 p.m.

(CST) shall be deemed filed on the next business day. The failure of a bidder to file a timely appeal in accordance with this policy shall be deemed as a waiver of the Bidder’s right to appeal or otherwise challenge any action or decision of the Board and the action or decision of the Board shall be deemed final in all respects. The Notice of Appeal must be sent by registered mail or hand delivered (please request a receipt) clearly identified externally as “Dated Material” and addressed to:

Tamara Atkinson, Chief Executive Officer Workforce Solutions Capital Area

9001 N IH35, Ste 110E Austin, TX 78753

Telefax, Facsimile, E-mail notices will not be accepted at any stage of the appeals process. The appealing party is solely responsible for the timely submission/receipt of the notice of appeal to the Board. Failure to follow the requirements of this policy shall be deemed as a waiver of the appealing party’s right to an appeal and the action or decision of the Board shall be deemed final in all respects.

All Appeals must contain the following information:

1. Identification of the specific procurement being appealed;

2. The contact name, address, phone, and e-mail address of the appealing party;

3. The specific grounds for the appeal;

4. A detailed statement of all disputed issues of material and relevant facts surrounding the action/decision taken and the alleged violations as a result of such action/decision;

5. A copy of any documents(s) upon which the Bidder relies to support their contention that the action/decision of the Board should be reversed or modified;

6. A request for a hearing; and

7. A statement of relief sought by the Bidder.

Written acknowledgement of receipt of the Notice of Appeal will be provided to the appealing party within ten (10) working days of the receipt of the Notice of Appeal. The Board shall provide the appealing party with the date and time of the next step, the Informal Hearing.

Step 4. Informal Hearing – An Informal Hearing will be held at the offices of Workforce Solutions Capital Area within fifteen (15) working days of the receipt of the Notice of Appeal. The CEO’s designee shall act as the Hearings Officer, and will meet with the appealing party to discuss specific concerns and grounds for the appeal that were identified in the Notice of Appeal. The Board and the appealing party shall seek in good faith to resolve any or all the issues identified in the appeal. Failure of the appealing party to attend or participate in good faith in the Informal Hearing shall be deemed as a waiver of the appealing party’s right to a Formal Hearing and the action or decision of the Board shall be deemed final in all respects. The Hearing Officer may recommend to the Board’s CEO any appropriate actions allowable under applicable rules and regulations and consistent with agency policies to resolve issues raised at the Informal Hearing. If the appealing party agrees in writing with the decision/action of the Hearing Officer, the appeal shall be ended at this point.

Step 5. Request for a Formal Hearing – If the appealing party is not satisfied with the results of the Informal Hearing, they must inform the Hearing Officer, in writing, no later than fifteen (15) working days from the date of the Informal Hearing of the intent to proceed with the appeal. A request for a Formal Hearing must be made in writing and delivered to the Board pursuant to the instructions for submitting written notices of appeals in Step 3 above. The Request for Formal Appeal must state the specific grounds for the appeal and the remedy(ies) requested. Within fifteen (15) working days of the receipt of this written request, the Hearing Officer will respond, in writing, to inform the appealing party of the time, date and place of the next step – the Formal Hearing.

Step 6. Formal Hearing – The Formal Hearing shall be conducted within fifteen (15) working days of the date of the Request for Formal Hearing. An independent Hearing Officer selected by the CEO will conduct the Formal Hearing of the appeal. The Hearing Office will deal only with those issues identified in the original notice of appeal. The Hearing Officer will consider the facts presented as the grounds for the appeal and remedies requested. The Hearing Officer may request additional information from Board staff or the appealing party. After full review, the Hearing Officer will render his/her decision not later than fifteen (15) working days from the date of the Formal Hearing. The Hearing Officer’s decision shall be provided to both parties in writing.

The recommendation/decision of the Hearing Officer shall be presented to the Workforce Solutions Capital Area Board of Directors for consideration and possible action at its next scheduled meeting, in the event the Hearing Officer sides with the appealing party. The Board is NOT obligated to accept the Hearing Officer’s decision and/or recommendations. The Board’s decision shall be considered final, and the end of the appeals process at the local level.

A postponement or continuance of the Informal Resolution Conference and/or Formal Hearing may be granted to the appealing party only upon written request filed with the Office of the CEO of the Board not less than three (3) calendar days (unless in cases of emergency) prior to the scheduled date of the Informal Resolution Conference and/or Formal Hearing. Such a request shall specify the reason(s) for the request for postponement or continuance. Requests for a postponement or continuance may be submitted in person, by fax or e-mail to the Office of the CEO of the Board. If a postponement or continuance is granted, the Informal Resolution Conference and/or Formal Hearing will be rescheduled at a date acceptable to the Hearing Officer, the Board, and the appealing party.

The outcome of an appeal at the local level shall be disclosed to the Texas Workforce Commission (TWC).

Miscellaneous – In all instances, information regarding protest/dispute will be disclosed to the Texas Workforce Commission (TWC). TWC’s Financial Manual for Grants and Contracts provides for limited appeals of any local decision

B. EQUAL OPPORTUNITY/NON-DISCRIMINATION

As a condition of the award of financial assistance from the Department of Labor under Title I of WIOA, the grant applicant assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws:

Section 188 of the Workforce Innovation and Opportunity Act of 2014 (WIOA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in United States or participation in any WIOA Title I financially assisted program or activity.

Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color, and national origin.

Section 504 of the Rehabilitation Act of 1973, as amended, prohibits discrimination against qualified individuals with disabilities.

The Age Discrimination Act of 1975, as amended, which prohibits discrimination based on age.

Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination of the basis of sex in education programs.

The proposer also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the grant applicant's operation of the WIOA Title I financially assisted program or activity, and to all agreements the grant applicant makes to carry out the WIOA Title financially assisted program or activity.

In addition, the proposers’ assurance that it will fully comply with the nondiscrimination and equal opportunity provisions of the following:

The Americans with Disabilities Act of 1990, as amended.

The Non-Traditional Employment for Women Act of 1991, as amended.

C. OPEN RECORDS

Proposer is hereby notified that the Board strictly adheres to all statutes, court decisions, and the opinions of the Texas Attorney General with respect to disclosure of public information. Proposals submitted in response to this RFP are subject to the Texas Public Information Act, Government Code Chapter 552, and may be disclosed to the public upon request. Therefore, any confidential or proprietary information contained within a proposal must be clearly identified by the proposer in the proposal itself (each applicable page clearly marked as confidential). Such information will be kept confidential by WFS to the extent that State law permits.

ATTACHMENT A - COVER SHEET

REQUEST FOR PROPOSAL

WEBSITE REDESIGN, HOSTING & MAINTENANCE

Legal Name of Proposing Entity

Mailing Address

Authorized Contact/Signatory Authority

Phone Number

E-Mail

Type of Organization

□Private for-profit □Private non-profit □Government Agency □Partnership □Sole Proprietor □Other (specify)

Date Established

Federal EIN

Texas State Comptroller ID Number

Historically Underutilized Business? □Yes (if yes, attached current certificate is required) □No

Typed Name & title of Authorized Signatory

Signature

ATTACHMENT B - CERTIFICATION OF PROPOSER

I hereby certify that the information contained in this proposal and any attachments is true and correct and may be viewed as an accurate representation of proposed services to be provided and the administrative, management and financial systems of this organization. I certify that no employee of Workforce Solutions has assisted in the preparation of this proposal.

I acknowledge that I have read and understand the requirements and provisions of the RFP and that the organization will comply with applicable local, state, and federal regulations and directives in the implementation of the program. I also certify that I have read and understand the Limitations and Condition section presented in this RFP and will comply with the terms.

This proposal is a firm offer for a minimum of 90 days.

I, certify that I am the (Typed Name) of the corporation, partnership, organization, or other (Typed Title) entity named as Respondent herein and that I am authorized to sign this proposal and submit it to the Workforce Solutions Capital Area Workforce Board on behalf of said organization by authority of its governing body.

(Signature)

(Address)

(Phone)

ATTACHMENT C - CERTIFICATONS REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS, AND DRUG-FREE WORKPLACE REQUIREMENTS

Lobbying: This certification is required by the Federal Regulations, implementing Section 1352 of the Program Fraud and Civil Remedies Act, Title 31 U.S. Code, for the Department of Education (34 CFR Part 82), Department of Health and Human Services (45 CFR Part 93).

The undersigned contractor certifies that:

(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement.

(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

Debarment, Suspension, and Other Responsibility Matters: This certification is required by the Federal Regulations, implementing, Executive Order 12549, Government-wide Debarment and Suspension, for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Parts 85, 668 and 682), Department of Health and Human Services (45 CFR Part 76).

The undersigned contractor certifies that neither it nor its principals:

(1) Are presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency.

(2) Have not within a three-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State or Local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in Paragraph (2) of this certification; and,

(4) Have not within a three-year period preceding this contract had one or more public transactions terminated for cause or default.

Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective recipient shall attach an explanation to this certification.

Drug-Free Workplace: This certification is required by the Federal Regulations, implementing Sections 5151-5160 of the Drug-Free Workplace Act, 41 U.S.C. 701; for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Parts 85, 668 and 682), and Department of Health and Human Services (45 CFR Part 76).

The undersigned contractor certifies that it shall provide a drug-free workplace by:

(1) Publishing a policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the consequences of any such action by an employee;

(2) Establishing an ongoing drug-free awareness program to inform employees of the dangers of drug abuse in the workplace, the Contractor's policy of maintaining a drug-free workplace, the availability of counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed on employees for drug abuse violations in the workplace;

(3) Providing each employee with a copy of the Contractor's policy statement;

(4) Notifying the employees in the Contractor's policy statement that as a condition of employment under this contract, employees shall abide by the terms of the policy statement and notifying the Contractor in writing within five days after any conviction for a violation by the employee of a criminal drug statute in the workplace;

(5) Notifying Workforce Solutions within ten days of Contractor's receipt of a notice of a conviction of an employee; and,

(6) Taking appropriate personnel action against an employee convicted of violating a criminal drug statute or requires such employee to participate in a drug abuse assistance or rehabilitation program.

These certifications are a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering this transaction.

Signature and Date

Type Name and Title

ATTACHMENT D - TEXAS CORPORATE FRANCHISE TAX CERTIFICATION

Pursuant to Article 2.45, Texas Business Corporation Act, state agencies may not contract with a for-profit corporation that is delinquent in making state franchise tax payments. The following certification that the corporation entering this contract is current in its franchise taxes must be signed by the individual on Form 203, Corporate Board of Directors Resolution, to sign the contract for the corporation.

The undersigned authorized representative of the corporation contracting herein certifies that the following indicated statement is true and correct and that the undersigned understands making a false statement is a material breach of contract and is grounds for contract cancellation.

Indicate the certification that applies to your corporation:

The Corporation is a for-profit corporation and certifies that it is not delinquent in its franchise tax payments to the State of Texas.

The Corporation is a non-profit corporation or is otherwise not subject to payment of franchise taxes to the State of Texas.

Signature Date

ATTACHMENT E - STATE ASSESSMENT CERTIFICATION

The undersigned authorized representative of the firm or individual contracting herein certifies that the following indicated statement is true and correct and that the undersigned understands making a false statement is a material breach of contract and is grounds for contract cancellation.

The firm or individual certifies that:

Is current in Unemployment Insurance taxes, Payday and Child Labor law monetary obligations, and Proprietary School fees and assessments payable to the State of Texas.

Has no outstanding Unemployment Insurance overpayment balance payable to the State of Texas.

Signature and Date

ATTACHMENT F – CERTIFICATION REGARDING CONFLICT OF INTEREST

By signature of this proposal, Proposer covenants and affirms that:

(1) no manager, employee or paid consultant of the Proposer is a member of the Board, the

Executive Director, or an employee of the Board;

(2) no manager or paid consultant of the Proposer is married to a member of the Board, the

Executive Director, or an employee of the Board;

(3) no member of THE BOARD, the Chief Executive Officer or employee of the Board owns or controls more than a 10 percent interest in the Proposer;

(4) no spouse or member of the Board, Chief Executive Officer or employee of the Board is a manager or paid consultant of the Proposer;

(5) no member of the Board, the Chief Executive Officer or employee of the Board receives compensation from Proposer for lobbying activities as defined in Chapter 305 of the Texas Government Code;

(6) Proposer has disclosed within the Proposal any interest, fact or circumstance which does or may present a potential conflict of interest;

(7) should Proposer fail to abide by the foregoing covenants and affirmations regarding conflict of interest, Proposer shall not be entitled to the recovery of any costs or expenses incurred in relation to any contract with the Board and shall immediately refund to the Board any fees or expenses that may have been paid under the contract and shall further be liable for any other costs incurred or damages sustained by the Board relating to that contract.

Disclosure of Potential Conflict of Interest (Please describe):

Name of Organization

Signature of Authorized Representative Date

Typed/Printed Name and Title of Authorized Representative

ATTACHMENT G - CERTIFICATION OF LEGAL AND SIGNATORY AUTHORITY

I, (typed or printed name) certify that I am the

(typed or printed title) of the eligible entity named as bidder and respondent herein, and I am legally authorized to sign and submit this proposal to Workforce Solutions Capital Area (WFS) on behalf of said organization by authority of its governing body.

I certify that (typed or printed name) who signed the cover sheet of this proposal has the legal authority to enter and execute a contract with

WFS to provide the services and activities authorized and detailed in this proposal. I agree to submit upon request by WFS such information and documentation as may be necessary to verify the certification contained herein.

I further certify that the information contained in this proposal and all attachments is true and correct. I certify that no officer, employee, board member, or authorized agent of WFS has assisted in the preparation of this proposal. I acknowledge that I have read and understand the requirement and provisions of this RFP, and that this organization will comply with all applicable federal, state, and local laws, rules, regulations, polices and directives in the implementation of this proposal.