ESBD_399060_1740512373779_3202500183 RFP Solicitation.pdf

Bryan Daniel, Chairman

Jose A. “Joe” Esparza, Commissioner

Albert Treviño III, Commissioner

Request for Proposals (RFP) for FY25 Foster Youth Conference

RFP No. 3202500183

Date of Release: February 25, 2025

Proposals Due: March 12, 2025, by 10:00 a.m. Central Time

971-30 Hotel and Motel Accommodations, Including Lodges, Resorts, Bed/Breakfast Inns, etc., Rental or Lease

971-65 Room Rental or Lease for Conferences, Seminars, etc.

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

Rachel Dean, CTCD, CTCM Purchaser

VendorProposal@TWC.texas.gov mailto:VendorProposal@TWC.texas.gov

RFP No. 3202500183 Page 2 of 45

TABLE OF CONTENTS

Table of Contents Definitions Article I. Purpose, Authority and Schedule of Events

1.1. Purpose

1.2. Authority

1.3. Schedule of Events

Article II. Scope of Work

2.1. Overview/Background

2.2. Description of Services

Article III. General Information

3.1. Terms and Conditions

3.2. Contract Award

3.3. Contract Execution

3.4. Contract Term

3.5. Price Adjustment

3.6. Contract Amendments

3.7. No Guarantee of Volume, Usage, or Compensation

3.8. Governmental Entities

3.9. Offer Period

3.10. Costs Incurred

3.11. Public Information Act - Respondent Proposal

3.12. Public Information Act – Contract Award

3.13. Respondent Waiver – Intellectual Property

3.14. Insurance

3.15. Sanctions and Remedies

3.16. Liquidated Damages

3.17. Changes in Ownership or Financial Condition

3.18. Severability

3.19. Franchise Tax – Right to Transact Business in Texas

3.20. Subcontractor Requirements

3.21. Historical Compensation

Article IV. Proposal Process

4.1. Inquiries

4.2 Proposal Composition

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4.3. Proposal Submission and Delivery

4.4. Additional Information

4.5. Ambiguity, Conflict, or Discrepancy

4.6. Changes, Modifications, and Cancellation of Solicitation

Article V. Proposal Evaluation and Award Process

5.1. Written Proposal Evaluation

5.2. Conformance with State Law

5.3. Evaluation Process Overview

5.4. Initial Compliance Screening

5.5. Minimum Qualifications

5.6. Written Proposal Evaluation Criteria

5.7. Best and Final Offer (BAFO)

5.8. Final Written Response Score and Total Score

5.9. Summary of Best Value Determination

5.10. Questions or Requests for Clarification

5.11. Advancement Criteria

Article VI. Required Proposal Information

6.1. Narrative Proposal

6.2. Contract Performance

6.3. Past Project Performance references

6.4. Financial Information

6.5. Execution of Response

6.6. HUB Subcontracting Plan

6.7. Cost Proposal

6.8. HUB Subcontracting Plan

6.9. Optional Proposal Submission Checklist

LIST OF ATTACHMENTS AND FORMS

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DEFINITIONS

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

“Addendum” means a written addition, change, or supplement to this Solicitation that is posted to the ESBD and issued prior to the response due date.

“Additional Evaluation Activities” include Oral Presentations, Clarifications, Technical Discussions, Proof of Concept, Demonstrations, and/or Site Visits.

These Additional Evaluation Activities follow the evaluation of the written Proposals and may be utilized by TWC to evaluate and ensure specifications meet TWC’s needs as outlined in the Solicitation. Additional Evaluation Activities provide an opportunity for Respondents to highlight the strengths and unique aspects or clarify their Proposals.

“Business Day” means days occurring Monday through Friday except for the legal holidays observed by the State of Texas. The terms “Working Days” and “Business Days” may be used interchangeably. All uncapitalized references to “days” shall be calendar days.

“Competitive Range” consists of the offers or Proposals that have a reasonable chance of being selected for award based on the evaluation criteria and basis for award as stated in this Solicitation.

“Contract” means the written agreement entered into by the TWC and Successful Respondent, which will incorporate the contents of this RFP and the Successful Respondent’s Proposal, except as may be provided in the Contract and any amendments thereto.

“Contract Term” means the definite period of time that the Contract will remain in effect.

“ESBD” means the Electronic State Business Daily, an online platform, administered by the Statewide Procurement Division (SPD) of the

RFP No. 3202500183 Page 5 of 45

Comptroller of Public Accounts, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

“Final Written Response Score” refers to the final scoring of the Proposal based on the Scoring Matrix published in the Solicitation.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code and section 20.282 of Title 34 of the Texas Administrative Code (TAC).

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required to be submitted with all Proposals for state agency contracts with an expected value of $90,000 or more and where TWC has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by TWC during the term of the Contract.

“Offered Option” means options that are not requested in a response to this Solicitation but may be identified by a Respondent and included in its Proposal. A Respondent is not obligated to include an Offered Option in its Proposal. This is an opportunity for Respondents to offer options that TWC may not have been aware of at the time this Solicitation was written. TWC makes no commitment to quantity or timing for acquisition of Offered Options and Offered Options are not considered during evaluation of Proposals.

“PHS” means Procurement and HUB Services, a division of TWC.

“Proposal” means a written offer to contract with the State, submitted in response to this Solicitation.

“Respondent” means the individual or entity that submits an offer or Proposal. The term includes anyone acting on behalf of the individual or http://www.txsmartbuy.com/esbd

RFP No. 3202500183 Page 6 of 45 entity that submits an offer or Proposal, such as an agent, employee, and representative.

“Sanction(s)” means monetary remedies including recoupment, payment hold, imposition of penalties or damages, exclusion, debarment, suspension, or revocation.

“Solicitation” means this RFP, including all exhibits, attachments, forms, and Addenda, if any.

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

“Subcontractor” refers to a person who contracts with a vendor to work or continue toward completing work for a governmental entity. The term does not include a state agency. The term includes an officer or employee of a state agency when the officer or employee contracts with a vendor in a private capacity.

“Successful Respondent” means the Respondent with whom the TWC executes a Contract to provide the goods and/or services that this Solicitation requires.

“Total Score” means the Final Written Response Score that includes revised points for additional evaluation activities if any, as outlined by this Solicitation.

“TWC” means the Texas Workforce Commission.

“VPTS” means Vendor Performance Tracking System, as described under Texas Government Code § 2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas Government Code § 2155.089 and 34 TAC § 20.509.

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ARTICLE I. PURPOSE, AUTHORITY AND

SCHEDULE OF EVENTS

1.1. PURPOSE

The Texas Workforce Commission (TWC) is seeking responses for Conference Services, to include conference/meeting space, food and beverage, and lodging services for TWC’s FY25 Foster Youth Conference (hereinafter referred to as the “Conference”).

The Conference will be held for four (4) consecutive business days (excluding federal and state holidays) between July 21, 2025, through July 25, 2025, in Allen, Texas, or surrounding areas, with attendance estimated at approximately four hundred to four hundred fifty (400-450) attendees.

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

Information regarding TWC and its programs is available online and can currently be accessed at www.twc.texas.gov.

1.2. AUTHORITY

TWC is soliciting the goods and/or services stated in this Solicitation under of the authority Texas Government Code § 2156.001.

1.3. SCHEDULE OF EVENTS

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellation made prior to the Deadline for Submission of Proposals will be published as an Addendum posted to the ESBD. Respondent is required to sign and return an Addendum or Addenda with the Proposal.

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

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EVENT DATE and TIME

Solicitation Posting to ESBD FEBRUARY 25, 2025

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

MARCH 12, 2025, at 10:00

AM Central Time

Anticipated Notice of Intent Notification APRIL 2025

Anticipated Contract Start Date APRIL 2025

Respondent must submit its Proposal to TWC in accordance with the due date and time as indicated in this Schedule of Events or as changed via an Addendum posted to the ESBD.

ARTICLE II. SCOPE OF WORK

2.1. OVERVIEW/BACKGROUND

a. The Foster Youth Conference is presented by TWC’s Workforce Development and Vocational Rehabilitation divisions, in a ballroom setting with breakout sessions, with estimated attendance of approximately four hundred to four hundred fifty (400-450) attendees.

b. The Conference brings together stakeholders and provides an opportunity to strategically utilize resources, develop and enhance their capacity for service delivery to youth in and aging/aged out of the foster youth system by delivering comprehensive training and support to Foster Youth Transition Centers and various stakeholders vested in the welfare of the foster youth community.

c. The Conference offers unparalleled networking opportunities for foster youth, connecting them with potential employers, mentors, and educational resources, and aims to increase and improve knowledge of resources available, best practices, and new and/or updated programs

RFP No. 3202500183 Page 9 of 45 and services that impact the foster youth community. The exhibitor space allows key organizations to provide vital information and services directly to attendees.

2.2. DESCRIPTION OF SERVICES

a. Requirements for Conference Services that contain the words:

1. “must” or “shall” must be provided as specified without alteration, modification or exception;

2. “may” or “can” allow Respondents to offer alternatives to the way services are provided.

b. The Successful Respondent must provide Conference Services in accordance with the requirements as stated in this RFP and all attachments.

2.2.1 Conference Dates

a. The Successful Respondent must have the capability to hold the conference as listed below on four (4) consecutive weekdays, (excluding federal and state holidays) in Allen, Texas, or surrounding areas.

b. TWC’s preferred dates are July 21, 2025, through July 25, 2025.

c. TWC is open to alternative days for consideration as long as Conference days 2-4 are on a Business Day (to avoid holidays); TWC also prefers Conference days 1-4 on weekdays.

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2.2.2 Conference Schedule

Day Start Time

End Time

Function Type

Set-up Style

Expected Attendance

Notes

1 12:00

PM

24-hour hold

Office Conference 10

1 5:00

PM

24-hour hold

Pre- Conference Set Up

Classroom 90-100 This can be the same room as one of the breakout rooms.

2 6:00

AM

12:00

PM

General Session Set Up

Crescent Rounds

400-450

2 6:00

AM

24-hour hold

Office Conference 10

2 6:00

AM

24-hour hold

Registration /Exhibits

8 (4) 6’ Registration Tables

(10-15) 6’ Exhibit Tables

2 9:00

AM

24-hour hold

Pre- Conference

Classroom 90-100 This will be same room as a breakout

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Day Start Time

End Time

Function Type

Set-up Style

Expected Attendance

Notes

2 12:00

PM

24-hour hold

General Session

Crescent Rounds

400-450 Will be Used as (2) Breakout

2 12:00

PM

24-hour hold

Breakout #1 Set Up

Classroom 90-100 Same as Pre- Conference Room

2 12:00

PM

24-hour hold

Breakout #2 Set Up

Classroom 90-100

2 12:00

PM

24-hour hold

Breakout #3 Set Up

Classroom 90-100

3 7:00

AM

24-hour hold

Registration /Exhibits

8 (4) 6’ Registration Tables

(10-15) 6’ Exhibit Tables

3 8:00

AM

24-hour hold

General Session

Crescent Rounds

400-450 Stage

Will be Used as (2) Breakouts

3 8:00

AM

24-hour hold

Breakout #1

Classroom 90-100

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Day Start Time

End Time

Function Type

Set-up Style

Expected Attendance

Notes

3 8:00

AM

24-hour hold

Breakout #2

Classroom 90-100

3 8:00

AM

24-hour hold

Breakout #3

Classroom 90-100

3 8:00

AM

24-hour hold

Office Conference 10

4 7:00

AM

1:00

PM

Registration 8 (4) 6’ Registration Tables

4 8:00

AM

1:00

PM

General Session

Crescent Rounds

400-450 Stage

4 8:00

AM

1:00

PM

Office Conference 10

4 8:00

AM

1:00

PM

Exhibit Space

Exhibits (10-15) 6’ Exhibit Tables

2.2.2 Conference Event Space Requirements

The Successful Respondent must provide the following event space requirements:

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a. One (1) general session meeting room:

1. with meeting room capacity for four hundred to four hundred fifty (400-450) attendees,

2. set in rounds of tables of eight (8) seats per table, with linens and chairs.

3. The general session meeting room can be later used as two (2) of the breakout meeting rooms.

b. Five (5) Breakout meeting rooms:

1. each room with meeting room capacity for ninety to one hundred people (90-100)

2. each room set to no more than three (3) chairs per six (6) feet or eight (8) feet classroom table, with linens and chairs.

c. Linen for all meeting room tables unless tables were created to be linen less. (If proposing linen less tables, Respondent must include sample pictures of linen less tables with their Response).

d. Carpeted event space.

e. No columns obstructing seated participants from viewing the stage

f. Twelve (12) to sixteen (16) foot stages(s)/riser(s) that are Americans with Disability Act (ADA) Compliant for the Conference general session(s) only.

g. Access to wired internet connection for the Conference’s audio/visual services with a minimum speed of twenty (20) megabits per second (Mbps) download/upload speed and wireless access for attendees. If a wired internet connection is not available, Successful Respondent must provide TWC with a dedicated wireless connection that can sustain minimum speed of twenty (20) Mbps download/upload speed at full capacity.

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h. Standing podium in each meeting room.

i. Room dimensions including the ceiling height and a diagram of all intended space(s) for use by TWC along with a potential set-up diagram of all spaces.

2.2.3 Sleeping Rooms

a. The Successful Respondent must provide sleeping rooms on the premises preferably close to the conference meeting rooms.

b. Rooms must be made available at the prevailing Government per diem rate or lower, as established by the U.S. General Services Administration, for Plano, Texas. The link to the FY2025 per diem rate for Plano, Texas is:

https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-results?action=perdiems_report&fiscal_year=2025%20(Current%20fis cal%20year)&city=Plano&state=TX&zip=

c. The sleeping rooms will be reserved via a web link and paid for by individuals.

d. The Successful Respondent must provide the following sleeping rooms as noted below:

Day 1 Day 2 Day 3 Day 4 Totals Run of House (ROH) 90 220 220 5 535 Suite Upgrades at Group Rate 4 6 6 16

DAILY TOTALS 94 226 226 5 551

2.2.4 Concessions

a. The Successful Respondent must provide catering concessions with options for the following functions listed below:

1. Day 2:

https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-results?action=perdiems_report&fiscal_year=2025%20(Current%20fiscal%20year)&city=Plano&state=TX&zip= https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-results?action=perdiems_report&fiscal_year=2025%20(Current%20fiscal%20year)&city=Plano&state=TX&zip= https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-results?action=perdiems_report&fiscal_year=2025%20(Current%20fiscal%20year)&city=Plano&state=TX&zip=

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i. Half Day Beverage Package to include regular coffee, decaffeinated coffee, and tea (hot tea in the morning and iced tea in the afternoon)

ii. Chef’s choice afternoon break

iii. Nacho Bar or something similar (i.e. salad bar, snack trays) to be served during a networking mixer.

2. Day 3:

i. All Day Beverage Package to include regular coffee, decaffeinated coffee, and tea (hot tea in the morning and iced tea in the afternoon)

ii. Chef’s choice morning and afternoon break

3. Day 4:

i. All Day Beverage Package to include regular coffee, decaffeinated coffee, and tea (hot tea in the morning and iced tea in the afternoon)

ii. Chef’s choice morning break

b. Other Concessions.

1. TWC encourages the Respondent to propose and include complimentary options offered with the required meeting space, room blocks and food and beverage package.

2. Concessions may include, but is not limited to the following:

i. Complimentary parking for TWC staff hosting the Conference and discounted parking for Conference attendees

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ii. Five (5) complimentary sleeping rooms during site visit for TWC’s planning staff;

iii. Cumulative complimentary 1:40 sleeping room nights;

iv. Wireless internet dedicated for attendees only in the Conference area that can meet or exceed four hundred and fifty (450) concurrent users; and

v. Other complimentary items for TWC’s consideration.

ARTICLE III. GENERAL INFORMATION

3.1. TERMS AND CONDITIONS

The Terms and Conditions identified in the Solicitation Attachment 1 – Hotel Vendor Terms & Conditions (01-25) v1 are applicable to this Solicitation and any Contract resulting from this Solicitation. TWC reserves the right to incorporate additional provisions in the Contract in the best interest of TWC.

In the event of a conflict between this Solicitation and applicable laws and regulations, precedence shall be given to the laws and regulations.

3.2. CONTRACT AWARD

TWC intends to award one Contract as a result of this Solicitation.

A written notice of Contract Award will be posted on the ESBD and sent to all Respondents immediately following execution of the Contract.

3.3. CONTRACT EXECUTION

If, for any reason, a Contract cannot be executed with a Respondent selected for award within twenty-one (21) days of TWC’s determination to seek to contract with that Respondent, TWC may negotiate a Contract with the next highest-scored Respondent or may withdraw, modify, or partially award this Solicitation.

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3.4. CONTRACT TERM

The Contract Term will commence on the fully executed Contract date and expire on the day after the last Conference date.

The Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the General Appropriations Act, TWC consolidation of offices, or any other disruption of current appropriations, the Termination provisions of Attachment 1 - Hotel Vendor Terms & Conditions (01-25) v1 shall apply.

3.5. PRICE ADJUSTMENT

Pricing agreed to in any resulting Contract shall be firm and remain constant based on the price agreed upon at award through the life of the Contract and any exercised optional renewal terms, if applicable.

3.6. CONTRACT AMENDMENTS

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

3.7. NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

TWC makes no guarantee of volume, usage, or total compensation to be paid to a Respondent under an awarded Contract, if any, resulting from this Solicitation.

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

3.8. GOVERNMENTAL ENTITIES

If Respondent is responding to this Solicitation in its capacity as a governmental entity, certain Terms and Conditions found in this Solicitation, including exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Proposal is received from a governmental

RFP No. 3202500183 Page 18 of 45 entity, TWC reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

3.9. OFFER PERIOD

Proposals shall be binding for a period of one hundred and eighty days (180) after the submission due date. A Respondent may extend the time for which its Proposal will be honored. Upon Contract execution, prices agreed upon by the Successful Respondent(s) are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by TWC.

3.10. COSTS INCURRED

Respondent understands that issuance of this Solicitation in no way constitutes a commitment by TWC to award a Contract. Additionally, TWC is not liable for any costs incurred by a Respondent in the preparation of a response to this Solicitation. Costs of developing Proposals, preparing for, or participating in Oral Presentations and Site Visits, or any other similar expenses incurred by a Respondent are entirely the responsibility of the Respondent, and will not be reimbursed in any manner by the State of Texas.

3.11. PUBLIC INFORMATION ACT - RESPONDENT PROPOSAL

Information, documentation, and other materials submitted in connection with this Solicitation or resulting Contract may be subject to public disclosure pursuant to the Texas Public Information Act, Texas Government Code, Chapter 552. See Attachment 1 – Hotel Vendor Terms & Conditions (01-25) v1, Section 14.

If Respondent asserts that information provided in its Proposal is exempt from disclosure under the Texas Public Information Act, Respondent must mark and submit two separate, searchable Portable Document Format (PDF) copies (Original Proposal and “Public Information Act Copy,” including attachments, of the Original Proposal) as identified below. This copy is in

RFP No. 3202500183 Page 19 of 45 addition to the original and all copies otherwise required under the provisions of this Solicitation).

a. Mark Original Proposal:

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

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

“CONTAINS CONFIDENTIAL INFORMATION”;

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

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

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

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

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

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Respondent should not submit a Public Information Act Copy indicating that the entire Proposal is exempt from disclosure. Merely making a blanket claim that the entire Proposal is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable, and this blanket claim will not be considered by TWC.

A Proposal should not be marked or asserted as copyrighted material. If Respondent asserts a copyright to any portion of its response, by submitting a Proposal, Respondent agrees to reproduction and posting on public websites by the State of Texas, including all other state agencies, without cost or liability and, additionally, agrees to allow the State of Texas to provide a copy of the Proposal to individuals making a Public Information Act request for the response.

TWC may, in its sole discretion (1) disqualify all Respondents that fail to fully comply with the requirements set forth in this section, or

(2) offer all Respondents that fail to fully comply with the requirements set forth in this section additional time to comply.

Submitting partial or incomplete information that suggests inclusion of confidential information constitutes failure to comply with the requirements set forth in this section.

3.12. PUBLIC INFORMATION ACT – CONTRACT AWARD

Within five (5) days from Contract execution, the Successful Respondent must submit a “Public Information Act Copy” of the Original Executed Contract (in addition to the original executed contract) to the TWC contract manager by email. The Public Information Act Copy must meet the following requirements:

a. The copy must be clearly marked as “Public Information Act Copy” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger);

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

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c. Successful Respondent must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection (b) of this section must be identical to those set forth in the Original Proposal as required in Section 3.11.(a)(2) above.

The only difference in required markings and information between the Original Contract and the “Public Information Act Copy” of the contract will be redactions, which can only be included in the “Public Information Act Copy.” There must be no redactions in the Original Contract.

3.13. RESPONDENT WAIVER – INTELLECTUAL PROPERTY

SUBMISSION OF ANY DOCUMENT TO TWC IN RESPONSE TO THIS

SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER AND

AGREEMENT BY RESPONDENT TO FULLY INDEMNIFY THE STATE OF

TEXAS AND TWC FROM ANY CLAIM OF INFRINGEMENT AGAINST THE

STATE OF TEXAS AND TWC REGARDING THE INTELLECTUAL

PROPERTY RIGHTS OF RESPONDENT OR ANY THIRD PARTY FOR ANY

MATERIALS SUBMITTED TO TWC BY RESPONDENT.

3.14. INSURANCE

For the duration of any Contract resulting from this Solicitation, the Successful Respondent shall acquire insurance, bonds, or both, with financially sound and reputable independent insurers, in the type and amount listed in Attachment 4 – Insurance Requirements.

Notwithstanding the preceding, TWC reserves the right to consider reasonable alternative methods of insuring the Contract in lieu of the insurance policies customarily required. It will be the Respondent's responsibility to recommend to TWC alternative methods of insuring the Contract. Any alternatives proposed by Respondent should be accompanied by a detailed explanation regarding Respondent's inability to obtain the required insurance and/or bonds. TWC shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage.

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Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of Contract.

3.15. SANCTIONS AND REMEDIES

3.15.1. General

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

3.15.2. Assessment of Sanctions

Once TWC has determined that Sanctions are to be assessed, the Executive Director or Executive Director’s designee shall notify the Successful Respondent of the assessment(s). TWC will withhold Sanctions from payments to the Successful Respondent or, if no payments are to be made, TWC will make demand of payment of sanctions. The Successful Respondent must make payment within thirty (30) days of TWC’s demand. In the event the Successful Respondent fails to pay within the thirty (30) day period, TWC may make a claim for payment against the performance bond, with or without notice to the Successful Respondent, if applicable.

3.15.3. Failure to Assess Sanctions

The failure of TWC to assess Sanctions in any instance where TWC is entitled to Sanctions under the terms of this Solicitation, or the resulting Contract shall not constitute waiver in any fashion of TWC’s rights to assess Sanctions.

3.15.4. Failure to Notify TWC of a Change of Ownership or Control or Change in Financial Condition.

The failure of the Successful Respondent to notify TWC of a change of ownership or control or change in financial condition as required in Section 3.17 (Changes in Ownership or Financial Condition) may result in the Successful Respondent being assessed sanctions in the amount of one hundred dollars ($100) per incident.

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3.15.5. Failure to Comply with Disclosure Requirement.

The failure of the Successful Respondent to comply with the disclosure requirement in Attachment 1 – Hotel Vendor Terms and Conditions (01-25) v1, Section 13 may result in the Successful Respondent being assessed sanctions in the amount of one hundred dollars ($100) per incident.

3.15.6. Failure to Produce Records or Information as part of

Background Investigation.

The failure of the Successful Respondent to cooperate with and/or produce records or information as part of a background investigation conducted pursuant to Attachment 1 - Hotel Vendor Terms and Conditions (01-25) v1, Section 13 may result in the Successful Respondent being assessed Sanctions in the amount of one thousand dollars ($1,000) per day for each day the records/information are not produced, or answers are not provided.

3.15.7. Failure to Produce Records or Information as part of an Audit.

The failure of the Successful Respondent to cooperate with and/or produce records or information as part of an audit conducted pursuant to Attachment 1 - Hotel Vendor Terms and Conditions (01-25) v1, Section 13 or requested pursuant to Attachment 1 - Hotel Vendor Terms and Conditions (01-25) v1, Section 13 may result in the Successful Respondent being assessed Sanctions in the amount of one thousand dollars ($1,000) per day for each day the records/information are not produced or answers are not provided.

3.16. LIQUIDATED DAMAGES

3.16.1 General.

It is agreed by TWC and the Successful Respondent that:

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a. If the Successful Respondent does not provide or perform the requirements referred to or listed in this Solicitation or fulfill the obligations of the Contract, damage to TWC will result;

b. establishing the precise measure of damages in the event of default by the Successful Respondent may be (i) costly, (ii) time consuming, or (iii) difficult or impossible to calculate;

c. the liquidated damage assessments contained herein represent a good faith effort to quantify the damages that could reasonably be anticipated at the time of execution of the Contract;

d. the damages set forth herein are just and reasonable;

e. nothing contained in this section shall be construed as relieving the Successful Respondent from performing all Contract requirements whether or not said requirements are set forth herein; and

f. TWC may, therefore, in its sole discretion, deduct damages from the compensation otherwise due to the Successful Respondent, an amount equivalent to two percent (2%) of the total cost of services.

All assessments of damages shall be within the sole discretion of

TWC.

3.16.2 Liquidated Damages Assessment.

a. Once TWC has determined that liquidated damages are to be assessed, the TWC shall notify the Successful Respondent of the assessment(s).

b. Upon receipt of written notice, the Successful Respondent will have ten

(10) days to provide a written explanation of any justification that may be applicable to the liquidated damages being considered and a corrective action plan for bringing the operations within the standards specified.

c. TWC has the right to amend the corrective action plan submitted by the Successful Respondent.

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d. In all cases, the corrective action plan must be approved by TWC in writing prior to implementation. The corrective action plan must be implemented by the Successful Respondent at no cost to and upon approval by the TWC Contract Manager.

e. Liquidated damages will not be assessed during the specified cure period in the corrective action plan for the activity in question.

f. If the breach is not cured or the Successful Respondent does not provide a written justification and/or approved corrective action plan, TWC will withhold liquidated damages from payments to the Successful Respondent, or, if no payments have been made, TWC will make demand of payment of liquidated damages.

g. The Successful Respondent must make payment within thirty (30) days of TWC’s demand.

h. In the event the Successful Respondent fails to pay within the thirty

(30) day period, TWC may utilize the option to withhold any additional payments.

i. Failure to pay assessed liquidated damages within the designated time frame may be deemed by TWC to be a breach of contract.

3.17. CHANGES IN OWNERSHIP OR FINANCIAL CONDITION

The Proposal must include a certification that the entity is not for sale or to become acquired by another business entity during the twelve (12) months following the Submission Deadline.

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

During the term of the Contract or any extension or renewal thereof, the Successful Respondent shall notify TWC in writing of any substantial change in the ownership or control of the Successful Respondent as soon as

RFP No. 3202500183 Page 26 of 45 possible, but no later than thirty (30) days prior to its occurrence. For the purposes of this section, examples of a substantial change in financial condition are events such as insolvency, bankruptcy or receivership.

3.18. SEVERABILITY.

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

3.19. FRANCHISE TAX – RIGHT TO TRANSACT BUSINESS IN TEXAS

If applicable, the Texas franchise tax is imposed on each taxable entity formed or organized in Texas or doing business in Texas.

Respondent must be set up in the Texas franchise tax system prior to Contract award if applicable. Texas franchise tax information can be accessed at https://comptroller.texas.gov/taxes/franchise/.

3.20. SUBCONTRACTOR REQUIREMENTS

Respondent must indicate whether or not it holds any financial interest in any Subcontractor. As a condition of award, an authorized officer or agent of each proposed Subcontractor may be required to sign a statement to the effect that the Subcontractor has read, and will agree to abide by, Respondent’s obligations under any Contract awarded pursuant to this Solicitation.

The Successful Respondent must obtain prior written approval from TWC if any part of the Contract between TWC and the Successful Respondent is to be subcontracted, and the Subcontractor must comply with all applicable requirements of TWC. TWC reserves the sole right to require the Successful Respondent to terminate any Subcontractor with or without cause.

In the event TWC approves of the use of any Subcontractor, the Successful Respondent is not relieved of its responsibility and obligation to meet all the requirements of this Solicitation.

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

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TWC will incur no additional obligations, and the obligations of the Successful Respondent will not be reduced as a result of, any such subcontracts.

The Successful Respondent’s obligation to pay Subcontractors is governed by Texas Government Code § 2251.022 (“Time for Payment by Vendor”), and any amendments thereto.

3.21. HISTORICAL COMPENSATION

Historical compensation under Contracts for similar goods or services and similar scope and size to this Solicitation has ranged from forty thousand dollars ($40,000) to seventy thousand dollars ($70,000) per contract term.

TWC reserves the right to adjust any projected amount based on funding during the term of a resulting Contract.

ARTICLE IV. PROPOSAL PROCESS

4.1. INQUIRIES

4.1.1 Sole Point of Contact

All requests, questions, or other communication about this Solicitation must be made in writing to PHS, addressed to the person listed below (Sole Point of Contact) with the Solicitation number in the subject line.

Rachel Dean, CTCD, CTCM Purchaser

VendorProposal@TWC.texas.gov

4.1.2 Prohibited Communication

Except as provided in Section 4.1.1 (Sole Point of Contact), a potential Respondent and Respondent that has submitted a Proposal is prohibited from any communication with TWC regarding the Solicitation.

Unless allowable, TWC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as mailto:VendorProposal@TWC.texas.gov

RFP No. 3202500183 Page 28 of 45 valid. Respondent shall rely only on written statements issued by or through TWC designated staff as provided by Section 4.1 (Inquiries).

Failure to comply with these restrictions may result in disqualification of Respondent's Proposal. These restrictions do not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.2 PROPOSAL COMPOSITION

4.2.1 General Information

Respondent must fully and completely address all requirements described in this Solicitation. Incomplete or partial Proposals will not be considered.

The Respondent must provide all information that the Respondent believes would be helpful to TWC in evaluating the Respondent’s ability to fulfill the Solicitation requirements. Respondent shall prepare a Proposal that clearly and concisely represents its qualifications and capabilities.

4.2.2 Proposal Format

The Proposal submitted in response to this Solicitation must:

a. Be responsive to all Solicitation requirements;

b. Be in the 8 1/2" by 11" paper layout;

c. Be clearly legible; and

d. Be presented using font type Verdana, or Arial, font size 12 pt., with one (1) inch margins and 1.5 line spacing; the sole 12-point font size exception is no less than size 10 pt. for tables, graphs, and appendices.

4.2.3 Proposal Signature

Respondent’s authorized representative must sign on all exhibits and forms requiring a signature. A Proposal without the required signatures is not responsive to the Solicitation and will be disqualified. Unsigned

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Proposals will not be evaluated; these Proposals will be kept with the procurement file and not be returned to the Respondent.

4.2.4 Discrepancies

In the event of any discrepancies or variations between copies, TWC is under no obligation to resolve the inconsistencies and may make its scoring and selection decision accordingly, including the decision to potentially disqualify a Proposal. If Respondent fails to designate an “Original” Proposal as required by Section 4.3.2 (Submission Method), TWC in its sole discretion, will determine the version to be used as the original or may disqualify the Proposal. If the Respondent submits a redacted Proposal as the “Original,” TWC will disqualify the Proposal, and it will not be evaluated. TWC will not accept submissions after the “Deadline for Submission of Proposals” in Section 1.3 (Schedule of Events) to remedy discrepancies or variations in Proposal submissions.

4.2.5 Exceptions

Each Respondent is highly encouraged, in lieu of including exceptions in a Proposal, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 4.1.3 (Questions or Requests for Clarification).

Any exception included in a Proposal may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its Proposal, Respondent is required to use Form 1 - Execution of Response of this Solicitation and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Form 1 - Execution of Response may be rejected without consideration. Respondent must clearly identify the specific section and language to which it takes exception, propose specific alternative language, and describe its reasoning for requesting the exception. TWC will only consider exceptions submitted on Form 1- Execution of Response.

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

Any exceptions or deviations by the Respondent to Attachment 1 - Terms & Conditions may make the response unacceptable for award without discussion. If a Respondent proposes exceptions to the Terms & Conditions, TWC may make an award without discussion to another Respondent that did not propose exceptions to the Terms & Conditions.

4.2.6 Binding Offer

A Proposal should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated. Furthermore, all Proposals constitute binding offers. Any Proposal that includes any type of disclaimer or other statement indicating that the Proposal, or any portion of the Proposal, does not constitute a binding offer may be disqualified, as determined by TWC in its sole discretion.

If a Respondent’s ability to enter into a Contract is contingent upon any exception or assumption provided in accordance with Section 4.2.5 (Exceptions), the Respondent may be disqualified from further consideration for Contract award.

4.3. PROPOSAL SUBMISSION AND DELIVERY

4.3.1 Deadline

Proposals must be received by PHS as prescribed no later than the date and time specified in Section 1.3 (Schedule of Events).

Proposals received after the deadline specified in Section 1.3 (Schedule of Events) will be rejected and will not be evaluated or considered for Contract award. TWC is not responsible for Proposals emailed late, RFP No. 3202500183 Page 31 of 45 illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

4.3.2 Submission Method

Respondent shall submit the following via email to VendorProposals@twc.texas.gov:

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

b. If applicable in accordance with Section 3.11, (Public Information Act – Respondent Proposal), one file named “Public Information Act Copy” that contains the Respondent’s entire Proposal, including all exhibits and attachments, in searchable PDF.

c. In accordance with Section 6.7, (Cost Proposal), one file named “Cost Proposal” that contains the Respondent’s Cost Proposal in the format included in Form 2-Cost Proposal.

Should the electronic file attached via email be larger than 50MB, submit your response in multiple emails, indicating the number of emails in the subject line, following the required Title, RFP number, deadline date and time.

Example: FY25 Foster Youth Conference, 3202500183, 03/10/2025 10:00 AM CT, Email 1 of XX.

TWC is not responsible for electronic submissions that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any TWC anti-virus or other security software. To confirm receipt of all electronic submissions, Respondent should request a confirmation by e-mail.

Hard copies received will not be accepted or reviewed.

mailto:VendorProposals@twc.texas.gov

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It is the Respondent’s responsibility to appropriately mark and deliver the Proposal to VendorProposals@twc.texas.gov by the specified date. Each Respondent is solely responsible for ensuring its Proposal is submitted in accordance with all Solicitation requirements and ensuring timely receipt by TWC. In no event will TWC be responsible or liable for any delay or error in delivery. Proposals must be RECEIVED by TWC by the Proposal Deadline identified in Section 1.3 (Schedule of Events).

4.3.3 Ownership of Proposals

All materials submitted by a Respondent will become the property of TWC and may be used as TWC deems appropriate. A Proposal becomes the property of TWC after submission and will not be returned to the Respondent.

4.3.4 Modifications and Withdrawals

Prior to the Proposal submission deadline in Section 1.3 (Schedule of Events), Respondent may: (1) withdraw its Proposal by submitting a written request to the Sole Point of Contact identified in Section 4.1.1 (Sole Point of Contact); or (2) modify its Proposal by submitting a written amendment to the Sole Point of Contact identified in Section

4.1.1 (Sole Point of Contact). When amending its Proposal, Respondent must include, in writing, the section(s) of its submission that will be replaced or removed by the amendment.

4.4. ADDITIONAL INFORMATION

By submitting a Proposal, the Respondent grants TWC the right to obtain any information from any lawful source, including the Comptroller’s VPTS, regarding the past history, practices, conduct, ability, and eligibility of the Respondent to supply goods and/or services and to fulfill requirements under this Solicitation, and the past history, practices, conduct, ability and eligibility of any director, officer, or key employee of the Respondent. By submitting a Proposal, the Respondent releases from liability and waives all mailto:VendorProposals@twc.texas.gov

RFP No. 3202500183 Page 33 of 45 claims against any party providing information about the Respondent at the request of TWC.

TWC may contact references provided in response to this Solicitation. TWC may contact Respondent’s clients or solicit information from any available source, including the Comptroller’s VPTS.

Any information received may be grounds for disqualification if that information, in TWC’s sole discretion, suggests that the Respondent may perform poorly if selected.

4.5. AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the Sole Point of Contact (Section 4.1.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or error in the Solicitation in the manner and by the deadline described in Section 4.1.3 (Questions or Requests for Clarification).

If Respondent fails to properly and timely notify the Sole Point of Contact (Section 4.1.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, need for clarification, or other error in the Solicitation, Respondent:

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

b. Submits a Proposal at its own risk;

c. May not contest the interpretation by TWC of such provision(s); and

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

4.6. CHANGES, MODIFICATIONS, AND CANCELLATION OF SOLICITATION

TWC reserves the right to make changes to or cancel this Solicitation. TWC will post all changes and modifications, whether made as a result of a

RFP No. 3202500183 Page 34 of 45 potential Respondent’s written inquiries or otherwise, and cancellation notices on the ESBD.

ARTICLE V. PROPOSAL EVALUATION AND

AWARD PROCESS

5.1. WRITTEN PROPOSAL EVALUATION

Each member of the evaluation team will read the Proposals in preparation for evaluation. The evaluation team will score all Proposals that pass initial screening (Section 5.4, Initial Compliance Screening), even if there is only one viable Proposal. Proposals will be scored against the criteria in Section 5.6 (Written Proposal Evaluation Criteria).

Proposals will be evaluated utilizing aggregated individual scoring outlined in this Article (Article V, Proposal Evaluation and Award Process). The individual evaluators’ scores will be aggregated and weighted, resulting in the Final Written Response Scores, unless BAFOs are conducted.

5.2. CONFORMANCE WITH STATE LAW

Proposals shall be evaluated in accordance with Texas Government Code § 2155.074(b). TWC shall not be obligated to select the lowest priced Proposal but shall make an award to the Respondent that provides the best value to the State of Texas.

5.3. EVALUATION PROCESS OVERVIEW

Proposals that meet the minimum qualifications will be submitted to the evaluation team for review and scoring. Each member of the evaluation team will receive a copy of each responsive Proposal. The evaluators will review the Proposals considering the criteria listed in Section 5.6 (Written Proposal Evaluation Criteria).

Evaluators will individually score the Proposals. Oral Presentations or Site Visits may also be used to make a selection…