ESBD_401736_1742825663121_701-25-007-R FINAL for ESBD.pdf

RFP 701-25-007-R, INDIRECT

COST RATE

Summary The Texas Education Agency (TEA) is requesting proposals from qualified organizations to prepare the FY 2027- FY 2031 Indirect Cost Proposal in accordance with the U.S. Department of Education’s Cost Allocation Guide for State and Local Governments, September 2019. The purpose of this project is to ensure that TEA is utilizing a comprehensive indirect cost rate that captures all costs of providing various services within Agency operations. It is TEA’s goal to have a well-documented and defensible Indirect Cost Rate Proposal that will incorporate allowable direct and indirect costs.

Authorized by: 19 TAC § 109.3003 – Indirect Cost Rates

Proposals are due April 23, 2025 - 2:00 P.M. Central Time

TEA Contracts and Purchasing Division TEASolicitations@tea.texas.gov

Ms. Demetreus Jones https://tea.texas.gov/about-tea/laws-and-rules/texas-administrative-code/19-tac-chapter-109 mailto:TEASolicitations@tea.texas.gov

Table of Contents

1. Purpose, Background, and Scope of Work

1.1. Purpose

1.2. Background and Defined Terms

1.3. TEA Mission and Procurement Authority

1.4. Anticipated Schedule of Events

1.5. Contract Term

1.6. Budget

1.7. Scope of Work, Project Description, and Project Requirements

1.8. Project Deliverables and Milestones

1.9. Collaboration

1.10. Contract Monitoring and Dispute Resolution Procedures

2. Submission Process and Instructions

2.1. Proposal Format

2.2. Electronic Submission Process

2.3. Communication

2.4. Proposal Requirements

2.5. Conflict of Interest

3. Proposal Format and Content

3.1. Requested Information

3.2. Understanding of the Project, Methodology, and Technical Components

3.3. Management Plan, Experience, and Qualifications

3.4. Task, Activity, Deliverable, and Budget Plan

3.5. Contractors Financial Capability

4. Proposal Review and Evaluation

4.1. Proposal Review

4.2. Evaluation Criteria

5. Contractual Requirements

5.1. Incorporation and Order of Precedence

ATTACHMENT A: NOTICE OF INTENT TO SUBMIT A PROPOSAL

ATTACHMENT B: CONTRACT TERMS AND CONDITIONS, RESPONSE PREFERENCES, AND EXECUTION

OF OFFER

ATTACHMENT C: HISTORICALLY UNDERUTILIZED BUSINESS SUBCONTRACTING PLAN

ATTACHMENT D: PROPOSAL COVER PAGE AND CHECKLIST

ATTACHMENT E: TASK ACTIVITY DELIVERABLE, AND BUDGET PLAN………………………………………………28

ATTACHMENT G: CONFLICT OF INTEREST ANALYSIS FORM

ATTACHMENT H: COPY OF USDE INDIRECT COST RATE TEMPLATE…………………………………………………39

ATTACHMENT I: COST ALLOCATION GUIDE……………………………………………………………………………………40

1. Purpose, Background, and Scope of Work

1.1. Purpose

The Texas Education Agency (TEA) is requesting proposals from qualified organizations to prepare the FY 2027-FY 2031 Indirect Cost Proposal in accordance with the U.S. Department of Education’s Cost Allocation Guide for State and Local Governments, September 2019. The purpose of this project is to ensure that TEA is utilizing a comprehensive indirect cost rate that captures all costs of providing various services within Agency operations. It is TEA’s goal to have a well-documented and defensible Indirect Cost Rate Proposal that will incorporate allowable direct and indirect costs.

1.2. Background and Defined Terms

The Texas Education Agency is the state agency that oversees that oversees primary and secondary public education in the state of Texas. It helps deliver education to more than 5 million students.

The first Texas public school law was enacted in 1840, setting aside land in every county to support public schools. The state constitution of 1845 provided that one-tenth of the annual state tax revenue be set aside as a perpetual fund to support free public schools. Today, Texas has over 1,200 public school districts and charters and educates more than 5 million students.

The work of TEA and the entire public-school system is driven by laws created by the Texas Legislature and the U.S. Congress and administrative rules adopted by the commissioner of education, the State Board of Education, and the State Board for Educator Certification.

As used in this solicitation, the following capitalized terms shall have the meaning as specified below:

Term Definition CMBL Centralized Master Bidders List Contractor and Vendor

“Contractor and Vendor” refers to entities who desire to do business with

TEA.

DIR Department of Information Resources ESBD Electronic State Business Daily HSP Historically Underutilized Business Subcontracting Plan HUB Historically Underutilized Business as defined in Texas Government Code

§ 2161.001 IDCR Indirect Cost Rate LEA Local Education Agency NIGP National Institute of Governmental Purchasing PAR Progress Assessment Report https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

QAP Quality Assessment Plan Response “Response” refers to content submitted by Contractors to TEA in response to this solicitation.

SBOE State Board of Education State or Texas State of Texas TAC Texas Administrative Code TEA Texas Education Agency TEA Procurement Staff

TEA procurement professional(s) responsible for leading the planning, solicitation, and contract formation processes.

TEA Project Manager, TEA Program Staff, or TEA Contract Manager

TEA staff members who are the subject matter experts concerning this solicitation, one or more of whom will manage the contract(s) resulting from this solicitation.

TGC Texas Government Code USDE United States Department of Education VPTS Vendor Performance Tracking System

1.3. TEA Mission and Procurement Authority

The Texas Education Agency (TEA) is the state agency responsible for overseeing primary and secondary public education in Texas. TEA’s mission is to improve outcomes for all public-school students in the state by providing leadership, guidance, and support to school systems; every child, prepared for success in college, career, or the military.

TEA has adopted a strategic plan comprised of four strategic priorities built upon five key actions identified below. These may be updated in the future and can be found on the TEA website located here, https://tea.texas.gov/about-tea/welcome-and-overview/tea-strategic-plan:

• Strategic Priorities o Recruit, support and retain teachers and principals o Build a foundation for reading and math o Connect high school to career and college o Improve low-performing schools

• Key Actions (Continuous Improvement) o Supported Educators o Ready Students o Rigorous Engagement o Aligned Systems o Actionable Goal-setting https://tea.texas.gov/about-tea/welcome-and-overview/tea-strategic-plan

This procurement supports TEA’s strategic plan by meeting obligations to provide the most accurate funding mechanism to maximize the use of funds provided to the agency for all strategic priorities.

This procurement is authorized by 19 TAC § 109.3003 – Indirect Cost Rates

Pursuant to Texas Government Code §§2151.004(d) and 2155.131, The Office of the Comptroller of Public Accounts has delegated authority to TEA to conduct this solicitation and to award a contract for the purposes stated herein.

https://tea.texas.gov/about-tea/laws-and-rules/texas-administrative-code/19-tac-chapter-109 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2151.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm

1.4. Anticipated Schedule of Events

DATE EVENT

March 24, 2025 Publication of solicitation in the Electronic State Business Daily (ESBD) at:

http://www.txsmartbuy.com/esbd. Contractors must have a Bonfire account to provide a submission to TEA. HUB-related questions must be directed to the HUB Office HUBOffice@tea.texas.gov

March 31, 2025 Last day to submit written questions about this solicitation no later than 2:00 P.M. Central Time. Submit questions via Vendor Discussion in the Bonfire portal

April 7, 2025 Final publication of questions and answers

April 23, 2025 TEA preferred date to receive Notice of Intent to submit a proposal April 23, 2025 Proposal(s) due no later than 2:00 P.M. Central Time April- May 2025 Proposal Check-In, Evaluations, and Oral Presentations (if required) May- June 2025 Commencement of contract negotiations with selected contractor(s) July 2025 Anticipated start date of contract

1.5. Contract Term

The contract term is for a total of five state fiscal years commencing from contract execution or an agreed-upon contract start date. Any period starting at contract execution or agreed upon contract start date that is less than a state fiscal year will not count toward the total number of state fiscal years. All contracts are subject to appropriation of funds by the Texas Legislature.

Contractors must not perform work before both parties have signed a contract. TEA will not pay for services the contractor performs for TEA prior to contract execution.

1.6. Budget

TEA may award one or more contracts from this solicitation. TEA reserves the right not to award a contract from this solicitation. Proposals must include a detailed Task, Activity, Deliverable, and Budget Plan, as described elsewhere in this solicitation and in Attachment E. TEA will not accept separate indirect cost rate calculations for this procurement. The proposed budget and payments to a contractor must be based on satisfactory completion and TEA acceptance of deliverables. The Task, Activity, Deliverable, and Budget Plan must clearly identify proposed prices related to each proposed task, subtask, and deliverable for each fiscal year of the contract.

TEA will establish monthly invoicing procedures for the awarded contract(s) aligned to completion and acceptance of the deliverables. TEA will pay invoices upon satisfactory performance of services, http://www.txsmartbuy.com/esbd https://tea.bonfirehub.com/portal/?tab=openOpportunities mailto:HUBOffice@tea.texas.gov receipt and acceptance of specified deliverables, and receipt of properly prepared invoices and supporting documentation.

1.7. Scope of Work, Project Description, and Project Requirements

State and local government are required to adhere to regulations contained in 2 CFR 200, Appendix VII – States and Local Government and Indian Tribe Indirect Cost Proposals. The information may be accessed at the following link: https://www.govinfo.gov/app/details/CFR-2024-title2-vol1/CFR-2024-title2-vol1-part200-appVII

At a minimum the awarded contractor shall:

A. Develop and prepare the FY 2027-2031 Indirect Cost Rate for the Texas Education Agency in accordance with 2 CFR 200, Appendix VII – States and Local Government and Indian Tribe Indirect Cost Proposals and U.S. Department of Education, Cost Allocation Guide for State and Local governments, September 2017.

B. Prepare the final indirect cost allocation plan and provide the TEA five bound copies and one flash drive electronically, providing the ability to add or delete and/or update information as needed.

C. Successfully negotiate the rate with the U.S. Department of Education, as required.

1.8. Project Deliverables and Milestones

A. Ensure that the development of the plan will provide an accurate and appropriate method to meet the Agency’s needs for equitable allocation of indirect and administrative overhead costs.

B. Identify opportunities to utilize full overhead costs for internal management and budgetary purposes, internal charging for full overhead cost-based direct billing, and as a foundation for user charge determination.

C. Present the plan to TEA’s management group and make necessary adjustments as requested.

D. Provide the TEA project Manager with an electronic copy of the final comprehensive review, including related schedules and cost documentation in a format that can be edited and updated by the TEA Budget and Planning staff to accommodate changes in the organization or changes in costs

1.9. Collaboration

https://www.govinfo.gov/app/details/CFR-2024-title2-vol1/CFR-2024-title2-vol1-part200-appVII https://www.govinfo.gov/app/details/CFR-2024-title2-vol1/CFR-2024-title2-vol1-part200-appVII

The awarded contractor(s) will collaborate closely with TEA staff for this project. These responsibilities include, for example:

Awarded Contractor Responsibilities:

- Engaging in ongoing, responsive communication about the project(s);

- Participating in scheduled project meetings;

- Working continuously on the project, including during summer months;

- Adhering to the Task, Activity, Deliverable, and Budget Plan, or other schedules for deliverables as specified by TEA after consultation with the awarded contractor, including proposed deadlines for draft work products;

- Notifying TEA within 48 hours of project-related issues that negatively impact timelines;

- Obtaining advance written approval from TEA prior to any staffing changes or additions, especially changes to key staff members assigned to this project;

- Producing high-quality drafts of all submitted work products, reports, evaluation plans, analysis plans, and instruments, etc. with minimal typos and in alignment with applicable guidelines (branding, accessibility, reading level, etc.);

- Responding within 5 business days to all requests for feedback on evaluation plans, methodology, analysis plans, instruments, data manipulation, analysis results, reports, etc.;

- Responding within 48 hours to inquiries regarding invoicing and document requests (as in the case of an audit);

- Adhering to policies and procedures regarding use of confidential data and data collection procedures;

- Adhering to policies and procedures regarding fingerprinting and criminal background checks prior to conducting any school visits, as applicable; and

- Adhering to all terms and conditions of the contract with TEA, for example, following the change management process for contract revisions; informing TEA of changes in ownership, key staff, or subcontractors; and immediately reporting actual or potential conflicts of interest to TEA.

TEA Responsibilities:

- Providing awarded contractor(s) and any subcontractors information on changes in legislation, reporting needs, or any other activities that may impact the project(s);

- Collaborating with the awarded contractor to address unforeseen developments, identify issues, and propose solutions;

- Coordinating support and resources for the project;

- Providing necessary data and documentation;

- Reviewing and approving the contractor’s evaluation and analysis plans, including all qualitative and quantitative methodologies and data analyses;

- Reviewing use of data, data sources, data manipulation, data processing business rules, and analytic results;

- Monitoring the awarded contractor’s progress, as outlined in contractor-submitted monthly progress reports to ensure compliance with contract terms;

- Reviewing and approving monthly invoices (including disputing invoices as necessary and working with contractor to resolve disputes);

- Providing and coordinating feedback on all submitted reports;

- Monitoring the awarded contractor’s performance and compliance with the terms and conditions of the contract, including following the change management policy for all amendments and budget revisions;

- Coordinating on-site presentations of findings prior to the submission of major deliverables;

and

- Monitoring proper transmission and destruction of data.

1.10. Contract Monitoring and Dispute Resolution Procedures

TEA monitors its contracts to ensure contractors adhere to the terms and conditions of their TEA contracts and to prevent fraud, waste, and abuse. TEA Contract Managers carefully review invoices to verify the following:

- Goods and/or services provided are included in the contract;

- Charges match the contract budget and pricing clearly ties to the task plan;

- Invoice charges are within scope, allowable, and reasonable;

- Invoice amounts are tied to specific contract tasks with enough supporting documentation to show that goods and/or services were received and were of acceptable quality; and

- Each invoice shows the contract number, purchase order number, dates of service, tasks, and pricing.

All pricing provided in the proposal should include a specific deliverable or a set of deliverables that demonstrate successful completion of activities. All activities must have documentation to support their completion. TEA reserves the right to reject goods or services which do not address the deliverables stated in the contract and do not meet TEA quality review.

In addition to carefully reviewing invoices prior to authorizing payment, TEA Contract Managers conduct ongoing contract monitoring activities depending on the nature and risk factors associated with the contract. Examples of standard contract monitoring activities include:

- Monitoring the contractor’s progress and performance to ensure goods and services conform to the contract requirements;

- Managing, approving, and documenting any changes to the contract through the change management process authorized by the terms of the contract;

- Maintaining documentation verifying that goods and/or services were reviewed and accepted;

- Monitoring the contract budget to ensure sufficient funds are available throughout the term of the contract;

- Identifying and resolving disputes with the contractor promptly;

- Exercising legal remedies, as appropriate, when a contractor’s performance is deficient; and

- Confirming all goods and/or services have been delivered and delivery is completed prior to the expiration date of the contract.

TEA will determine whether a contract should be subject to enhanced monitoring, an increased level of monitoring. For example, a contractor who has access to sensitive data or contact with students may be subject to enhanced monitoring. In addition to the responsibilities that come with standard contract monitoring, Contract Managers may implement any of the following examples of enhanced monitoring measures:

- Developing a Quality Assessment Plan (QAP) to document contract monitoring activities;

- Conducting site visits to a contractor’s facility;

- Holding regular project management meetings with contractors to ensure the project is meeting established milestones and deadlines;

- Reviewing contractor-prepared progress reports;

- Reviewing satisfaction surveys from training attendees or other quality assurance reports;

- Implementing a corrective action plan if contractor is not meeting contract performance expectations;

- Monitoring contractor performance and invoking applicable remedies for contract breaches

(for example, liquidated damages assessed for service level agreement breaches); and

- Monitoring contractor’s access to sensitive data and ensuring data is handled properly and returned or destroyed at the end of the contract, as appropriate.

TEA expects contractors to support these monitoring efforts including responding promptly to requests for documentation and working together in good faith to resolve disputes.

In the event of a dispute, TEA will make every effort to resolve the issue(s) with contractor’s project staff before escalating to executive-level management. Throughout the dispute resolution process, the parties should make a good faith effort to work together toward a mutually beneficial resolution.

Resolution may include corrective action plans, substitutions, liquidated damages, or other remedies, as appropriate.

2. Submission Process and Instructions

2.1. Proposal Format

Contractors must submit a complete proposal and follow all instructions contained within this solicitation. Proposals with conditional clauses, alterations, or irregularities are subject to rejection by

TEA at its sole discretion. Contractors must submit proposals electronically through the Bonfire portal and ensure TEA receives them no later than the deadline stated in the Anticipated Schedule of Events. TEA will not accept late proposals.

Proposal Format and Requirements:

- Contractor must download all files under Public Files to prepare your submission.

- Complete and upload all required documents listed under the Requested Information section in Bonfire.

- The file name should be short but descriptive and avoid special characters. Use capital letters, hyphens, or underscores instead of spaces or periods. (i.e., 2X-0XX_CompanyName_Proposal).

- Contractors must ensure an authorized representative sign all required forms and those signatures are included in the electronic file (digital signatures or scanned ink signatures are both acceptable).

- The contractor must sign the Execution of Offer contained within Attachment B. By signing the Execution of Offer, the contractor affirms that all statements within the proposal are true and correct. Discovery of any false statement in the proposal may void the submitted proposal or any resulting contracts.

- Contractors must submit proposals electronically via Bonfire.

2.2. Electronic Submission Process

Submission via Bonfire

TEA will only accept proposals using the Bonfire electronic bidding portal as a secure electronic submission method. Please upload your submission at Texas Education Agency Bonfire Portal.

Proposals will not be accepted by email or facsimile.

Once uploaded, the Bonfire platform will notify TEA of the upload. The file(s) will be date and time-stamped upon upload and the system will provide a confirmation number to the contractor’s email address. Contractors are advised to plan accordingly to ensure TEA receives the proposal ahead of the deadline. Once the close date has passed, you will not have an opportunity to change any of the submitted documents.

***Please note the location, type, and requirements of these forms. Failure to submit required documents will result in a contractor’s disqualification from consideration for this procurement. Forms must be submitted in the specified location in Bonfire.*** https://tea.bonfirehub.com/portal/?tab=openOpportunities

Intent to Submit Proposal

TEA requests contractors notify TEA as soon as possible of their intent to submit a proposal on the Bonfire platform. Toggle the “Intent to Bid” checkbox in Bonfire to confirm the intent to submit a proposal. Notifying TEA of an intent to submit a proposal in no way obliges the filer to submit a proposal. You will not be able to prepare a submission unless you submit 'Yes.

2.3. Communication

To protect the integrity of the procurement process, contractors must adhere to the communication procedures outlined in this solicitation.

Bonfire Registration

To contact TEA or ask questions in relation to this solicitation, contractors must register on https://tea.bonfirehub.com and initiate the communication electronically through the Vendor Discussions section.

To assist with registration, submission of a response, and learning how to get started with Bonfire, watch this training video. For questions or support when using the platform, access the Bonfire online knowledge base, search the FAQ, or contact the Bonfire support team at support@gobonfire.com.

Limited Contact Policy

Contractors must send all communications about this solicitation via Bonfire, Vendor Discussions Section at https://tea.bonfirehub.com. Contractors may contact the TEA Historically Underutilized Business (HUB) office at HUBOffice@tea.texas.gov for the purpose of addressing HUB and HUB Subcontracting Plan (HSP) questions only.

TEA will not accept phone inquiries regarding this procurement.

Non-procurement staff at TEA may not discuss this procurement with outside parties. If a potential contractor fails to observe this prohibition or attempts to circumvent the limited contact policy, their proposal may be subject to disqualification.

The limited contact policy does not apply to discussions concerning matters unrelated to this procurement, including business related to current contracts with TEA.

Question and Answer Process

Contractors may submit questions within the date and time specified in the Anticipated Schedule of Events. Any questions or needed clarifications pertaining to this solicitation shall be submitted through Bonfire Opportunity Q&A. TEA will compile questions and related responses into one or more addenda documents and post them on the Bonfire platform and on the ESBD. It is the vendor’s https://tea.bonfirehub.com/ https://vendorsupport.gobonfire.com/hc/en-us/articles/7322917689367-Creating-a-Bonfire-Account-VIDEO https://vendorsupport.gobonfire.com/hc/en-us/categories/6796320852247 https://vendorsupport.gobonfire.com/hc/en-us/categories/6796320852247 mailto:support@gobonfire.com https://tea.bonfirehub.com/ responsibility to obtain any addenda documents on Bonfire. Please check for addenda before submitting.

Communication after the Proposal Due Date

Between the proposal due date and contract execution, TEA may communicate with vendors to:

- Seek clarification regarding proposal(s).

- Invite contractors to participate in oral presentations.

- Conduct negotiations, including requesting a potential contractor’s best and final offer

(BAFO).

- Exchange information required to facilitate a potential contract award.

TEA will notify all contractors of the award or non-selection upon contract execution. The Limited Contact Policy remains in force until all contract(s) from this solicitation have been executed.

2.4. Proposal Requirements

TEA will not consider late or incomplete proposals. Proposals that address only part of the requirements of this solicitation are non-responsive.

Failure to formalize the terms of the response by signing the Contract Terms, Conditions and Affirmations, Response Preferences, and Execution of Offer will result in disqualification of the offer contained within the response.

Contractors must carefully review and complete all forms within the solicitation. TEA encourages contractors to review TAC § 20.285 regarding the good faith effort requirements of the HSP and to reach out to the HUB Office at HUBOffice@tea.texas.gov with questions. Failure to comply with HUB requirements, including correctly filling out all HUB related forms, will result in disqualification.

TEA reserves the right to reject proposals and to negotiate portions thereof, including the proposed Task, Activity, Deliverable, and Budget Plan and identified personnel.

Contractors must furnish clarifying information to TEA if requested. Failure to provide the requested material or information may disqualify the proposal.

The selected contractor must collaborate with TEA staff to clarify the project design, design of the materials, project activities and/or other work products, and modify these items, if necessary.

All proposals received in response to this solicitation are the property of TEA. TEA is not liable for any costs incurred in the preparation or submission of a proposal.

Texas Bidders Affirmation https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=285

Respondent certifies that if a Texas address is shown as the address of the Respondent on this Response, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

Texas Public Information Act

Proposals submitted in response to this solicitation are subject to release under TGC, Chapter 552, Public Information Act. If TEA receives a Public Information Act request for proposal(s) received under this solicitation, contractors may have the opportunity to demonstrate that some or all their proposal falls into one or more exceptions to disclosure. Contractors should indicate on the proposal cover questionnaire if their submission contains proprietary information and identify the specific sections within the proposal that are proprietary. It is not sufficient to mark every page as confidential; rather, contractors should identify specific information or sections as proprietary.

Historically Underutilized Business (HUB) Subcontracting Plan (HSP)

In alignment with state law and public policy, TEA encourages contracting and subcontracting opportunities for HUBs in all contracts. If TEA determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan (HSP) is a required element of the proposal.

Statement of Probability

TEA has determined that subcontracting opportunities are probable in connection with this procurement. Therefore, ALL contractors must submit an HSP in their proposal. Proposals that do not include an HSP will be rejected for non-compliance.

If the contractor is itself a HUB, the HSP is still required to identify the percentage of the work to be performed by subcontractors and document whether the contractor is self-performing or made a good faith effort to subcontract work to other HUBs.

If the contractor (HUB or non-HUB) is not subcontracting any portion of the work, the Self Performance portion of the HSP must be completed and returned with the proposal.

The contractor shall develop and administer the HSP as a part of the proposal in accordance with the TEA policy on utilization of HUBs and State law. The contractor must make a good faith effort and solicit a minimum of three Texas-certified HUBs from the State’s Centralized Master Bidders List (CMBL) / HUB Directory for work that they cannot complete with their own staff and resources. The contractor must also notify minority or women trade organizations or development centers of subcontracting opportunities. Additional requirements are listed in Attachment C. In addition to a completed HSP, contractors planning to subcontract portions of their work for TEA are required to provide supporting documentation to support good faith efforts under Method A or Method B (for example, emails between the contractor and potential subcontractors, trade organizations, and development centers).

The HSP will be incorporated into the contract between TEA and the selected contractor.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

HUB Subcontracting Goal

The HUB subcontracting goal for this procurement is 26.0% minority-owned, woman-owned, and/or service-disabled veteran-owned business participation.

TEA encourages contractors to collaborate with the HUB Office to develop mentor-protégé opportunities. Under 34 TAC § 20.298, a contractor’s participation in a Mentor-Protégé Program under TGC § 2161.065, and the submission of a protégé as a subcontractor in the HUB subcontracting plan constitutes a good faith effort for the work to be subcontracted with the protégé.

HUB Subcontract Progress Assessment Reporting

The contractor will be responsible for maintaining business records documenting compliance with HUB Program requirements. The contractor must submit a Progress Assessment Report (PAR) monthly documenting all subcontractor payments made in the preceding month. Submission of the PAR is a condition for payment. PARs are due no later than the 10th day of the following month. The PAR must be submitted monthly, even if no subcontracting activity occurred during the month, to TEA’s HUB Office at HUBOffice@tea.texas.gov.

How to Find Texas Certified HUBs for Subcontracting Opportunities

Manufacturers, suppliers, and other vendors, including Historically Underutilized Businesses, may be found on the Centralized Master Bidders List (CMBL) / HUB Directory at:

https://comptroller.texas.gov/purchasing/vendor/cmbl/. Vendors are listed by the National Institute of Governmental Purchasing (NIGP) commodity codes for which they’ve self-identified as related to the service and/or goods they provide. TEA has identified the following sample list of NIGP commodity codes that may be related to this solicitation, but each contractor is responsible for identifying the subcontracting needs for their unique proposal.

1. Class Code: 946 – Financial Services

Item: 11, Accounting Services (Not Otherwise Classified)

Item: 49, Financial Services (Not Otherwise Classified)

Item: 52, Grant Writing Services

2. Class Code: 961 – Miscellaneous Services, No 1

Item: 02, Administrative Services, All Kinds

Item: 20, Customer Service Evaluation Services

Item: 90, Writing Services

3. Class Code: 966 – Printing and Typesetting Services https://comptroller.texas.gov/purchasing/vendor/cmbl/

Item: 65, Offset Printing, Books, Perfect Bound (Quan. Over 10,000); 4 Color Process Acceptable

2.5. Conflict of Interest

An entity will not be selected if it has a conflict of interest that will or may arise during the performance of its obligations under the contract. The contractor must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to the submission of a proposal by the entity and its proposed subcontractors. The contractor must complete the Conflict of Interest Analysis Form in Attachment G. TEA prefers that the supporting documents identified in Attachment G be included where highlighted on the last page of the attachment.

Failure to provide this information will result in disqualification from further consideration.

As part of this disclosure requirement, each proposal must include all past and present contractual, business, financial, or personal relationships between the contractor or contractor’s staff and TEA and between the contractor’s planned subcontractors or such subcontractor’s staff, if any, and TEA.

Failure to disclose the identities of known subcontractors in Attachment G will subject a proposal to disqualification.

For purposes of this disclosure requirement:

- “Past” means within the two calendar years prior to the deadline for submission of proposals in response to this solicitation;

- “TEA” means the statewide elected official who heads TEA, as well as TEA’s employees or recent former employees;

- “Recent former employee” means a TEA employee who has terminated TEA employment within the two calendar years prior to the deadline for submission of proposals in response to this solicitation;

- “Personal relationship” means a current or past connection other than a clearly contractual, business, financial, or similar relationship and includes family relationships or other connections outside simply providing a response to this solicitation; and

- For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity. TGC Chapter 573 defines these degrees of consanguinity and affinity.

Connections other than such family relationships fall within this definition and must be disclosed, if:

- A reasonable person could expect the connection to diminish the contractor’s independence of judgment or effectiveness in the performance of its responsibilities to TEA or the State under the contract; or

- If a reasonable person could expect the connection, within the overall context of the contractor’s submission of a proposal, possible selection for an award, or its performance of the contract, to create an issue for TEA’s consideration relative to a potential appearance of impropriety or conflict of interest.

For each item, contractor must provide a detailed explanation as to why the entity does or does not believe such item poses a conflict of interest, potential conflict of interest, or appearance of impropriety relative to submission of a proposal, possible selection as contractor, or its performance of the contract.

The contractor must certify compliance with TGC § 669.003, relating to contracting with the executive head of a state agency. If TGC § 669.003 applies, the contractor must provide the following information: name of former executive; name of state agency; date of separation from state agency;

position with the contractor; and date of employment with the contractor. The contractor agrees that it has a continuing duty to supplement its proposal under this provision and that the duty to disclose any conflicts of interest is an ongoing obligation throughout the term of the contract. The contractor must submit updated information as soon as reasonably possible upon learning of any updates that are required to these mandatory disclosures.

Certificate of Interested Parties Form 1295

A state agency may not enter into certain contracts with a business entity unless the business entity submits a certificate of interested parties form. Subject to the exemptions found in TGC § 2252.908(c), the law applies to any state agency contract that either: (i) requires an action or vote by the governing body of the state agency or entity before the contract may be signed; or (ii) has a value of at least $1 million.

The Form 1295 is not required to be submitted with the proposal. The vendor recommended for an award will be required to submit Form 1295 electronically through the Texas Ethics Commission’s website. An authorized agent of the contractor must sign the printed form. TEA will notify the Texas Ethics Commission of receipt of the filed Form 1295 as required.

3. Proposal Format and Content

Contractors must submit Responses in the specified location, file type, and requirements listed on the Bonfire portal. Forms requiring signatures must be signed (digital signatures or scanned ink signatures are both acceptable). Responses may be deemed non-responsive if requested documents are not submitted. Responses must also be submitted in a manner that does not carry any personal benefit or value for members of the evaluation team or other TEA staff.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.669.htm#669.003 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm#2252.908 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm#2252.908

Responses must include a completed Attachment D: Proposal Cover Page Questionnaire.

3.1. Requested Information

Proposals should be organized, indexed, and clearly labeled according to the contents below. Bonfire provides a Requested Information section to assist contractors with including all required information in their responses and to assist the evaluation team during their review of the proposals. The contractor should refer to the appropriate section of this solicitation for detailed information on the items listed in the checklist. Failure to provide the required information will result in the disqualification of the proposal from consideration.

Requested Information Proposal Cover Page Questionnaire Attachment D, Q-01NV Table of Contents N/A Understanding of the Project, Methodology, and Technical Components

Section 3.2

Management Plan, Experience, and Qualifications Section 3.3 Task, Activity, Deliverable, and Budget Plan Section 3.4, Attachment E Signed Contract Terms, Conditions and Affirmations, Response Preferences, and Execution of Offer

Attachment B

HUB Subcontracting Plan and Supporting Documentation Attachment C Conflict of Interest Analysis Form including all attachments (i.e., organization charts, resumes, etc.)

Section 2.5, Attachment G

3.2. Understanding of the Project, Methodology, and Technical Components

The proposal must communicate an understanding of services relevant to this project and organizational experience in the areas of the project. The proposal must also describe the tasks to be performed, identify potential problems in the execution of the project, and provide methods to identify and solve such problems. The contractor must describe clearly, specifically, and as completely as possible, the methodology for carrying out the objectives and requirements of the project.

The proposal must describe the project design, project activities, deliverables, materials, and other goods and/or services, and reports to be generated during the contract period and show how they advance the purposes and specifications described in this solicitation. Technical evidence relating to the contractor's ability to perform the proposed services should be sufficiently detailed within the proposal. The overall quality of these components and of the proposal itself will be considered.

Failure to provide a response to the requirements in this section will result in the disqualification of the proposal from consideration.

3.3. Management Plan, Experience, and Qualifications

The contractor must provide satisfactory evidence of its ability to manage and coordinate the types of tasks, activities, and deliverables described in this solicitation and to produce the specified good and/or service on time and with high quality. At a minimum, the contractor must include the following information:

- The contractor’s organizational chart (with names and titles) and a description of its management structure;

- Evidence of the ability to perform the tasks described in this solicitation;

- Evidence, to include samples, of successful past performance for similar projects;

- Number of years the contractor has provided the type(s) of services described in this solicitation;

- Name and detailed resume of the proposed Project Manager(s) who will direct the overall project throughout the duration of the contract, if awarded;

- Names and resumes for each member of the proposed project team including the time allocations proposed personnel will devote to fulfillment of the contract. (Resumes of all project staff members shall be submitted as an appendix. If the resumes include references, the references will not be considered in the review.); and

- Names, resumes and organizational chart(s) of all proposed subcontractors and who will participate in the project;

- At least three similar project experiences within the past five years similar in size, scope, and complexity to the one described in this solicitation. Contractors should also include information about current and/or past TEA contracts (and project managers) but this information should be provided in addition to the non-TEA projects and references. The proposal must include a description of each project and include at least one customer reference contact per project, including current contact information. For each reference provided, the proposal should include the:

o Organization/Company name, point of contact with the current telephone number and email address;

o Industry/subject focus, project description, implementation dates and total contract value; and o Key milestones and deliverables

- TEA may contact references to verify past performance such as:

o Quality of deliverables, methodology and timeliness/adherence to schedule and budget;

o Business conduct and innovation; and o Problem resolution and customer satisfaction.

Note: The contractor must also complete the Conflict of Interest Analysis Form (Attachment G.) TEA will not accept information provided in response to Section 3.3 as satisfaction in lieu of full completion of Attachment G and its required attachments. TEA recommends the completed form and responsive attachments be incorporated into a separate and distinct section in the proposal.

Failure to provide a response to the requirements in this section will result in the disqualification of the proposal from consideration.

3.4. Task, Activity, Deliverable, and Budget Plan

The proposal must include a detailed Task, Activity, Deliverable, and Budget Plan (TADBP) for proposed services by fiscal year.

Attachment E contains a sample TADBP. At a minimum, each TADBP should include:

- The proposed major tasks, subtasks, activities, and deliverables;

- The name(s) of proposed staff responsible for each task;

- The proposed acceptance criteria for each deliverable;

- The proposed due date for each task subtask, activity, and deliverable;

- The proposed price for each task, subtask, activity, and deliverable; and

- The detailed costs associated with the proposed price for each task, subtask, activity, and deliverable.

The proposed TADBP should be designed to provide evidence of satisfactory delivery of goods and/or services. Time frames must be logical and appropriate to complete all activities within the contract period. Costs must be reasonable, allocable, and necessary to accomplish the objectives of the project. Detailed costs associated with the proposed pricing should be included as a separate table and must show clear alignment to the proposed prices in the TADBP. The proposed TADBP should provide evidence that financial resources are adequately and appropriately allocated in a cost-effective and prudent business manner to accomplish project objectives and activities. Goods and services to be fulfilled from other entities, subcontractors, including any amounts subcontracted to HUBs, consultants, and others must also be specified.

Failure to provide a response to the requirements in this section will result in the disqualification of the proposal from consideration.

3.5. Contractors Financial Capability

In its sole discretion, TEA may require contractors to provide evidence of financial capability to fulfill the requirements of this solicitation as well as all services offered in the response.

TEA reserves the right to determine the financial integrity and responsibility of a contractor and to reject a response on the grounds of contractor’s lack of financial soundness. The agency may require submission of the following information in the response to assess the financial viability of a contractor:

- A copy of the most recent audited financial statements, including financial statements with all sub-schedules and footnotes, to include balance sheets, profit and loss statements, change in financial position and management letters, with findings and responses to findings; or

- If audited financial statements are unavailable, unaudited financial statements compiled, reviewed, and attested by an independent certified public accountant or certified public accounting firm.

Depending on the procurement, TEA may determine that the financial statements certified as accurate by the entity’s chief financial officer are acceptable.

Failure to provide the information, if TEA requests it, will result in disqualification. Following a disqualification, TEA may, in its sole discretion, commence negotiations with another contractor.

4. Proposal Review and Evaluation

4.1. Proposal Review

TEA will review proposals as soon as practical after the proposal deadline. At its sole discretion, TEA may request contractors with the highest-scoring proposals to participate in oral presentations. In most cases, oral presentations will take place via video conference. In the event TEA requires oral presentations to take place in Austin, Texas, contractors will be responsible for their own travel expenses.

If oral presentations take place, the TEA evaluation team will score proposals again following oral presentations using the same evaluation criteria. The post oral presentation score will be the final score. The evaluation team shall consist of TEA staff with subject matter expertise who are knowledgeable in the content area. Absent good cause, the evaluation team will consist of the same individuals if written and oral presentations are required.

TEA Procurement Staff will compile the scores, verify them, and present the evaluation team’s recommendations to TEA senior executive staff. TEA senior executive staff will exercise one of three options:

- Approve the recommendation to award the contract to the highest ranked contractor;

- Tentatively award the contract to the highest ranked contractor subject to successful completion of negotiations; or

- Not award the solicitation.

TEA will not disclose information about the status of this procurement until a contract is executed by both parties. If TEA awards multiple contracts, TEA will not disclose information until all contracts are signed. Upon contract award, TEA will post the contract award notice on Bonfire at:

https://tea.bonfirehub.com. TEA will notify each contractor in writing of the selection or non-selection for award after contract execution.

4.2. Evaluation Criteria

TEA intends to award one or more contract(s) based on the ability of a contractor to complete all requirements contained in this solicitation. A contractor who is in default or otherwise not in good standing under any other current or prior contract with TEA at the time of selection will not be eligible for an award.

State agencies report vendor performance to the Comptroller of Public Accounts via the VPTS to assist all state agencies in determining the best value for future awards. In accordance with TGC §2262.055, TEA will use the VPTS to determine whether or not a contractor’s Vendor Performance Rating meets best value standards for contracting with the state. An overall score of “D”, or “F”, will result in a disqualification from consideration/evaluation for the current solicitation.

CATEGORIES POINTS

A. TECHNICAL COMPONENT

1. Experience in developing Indirect Cost Rate Proposals in accordance with 2 CFR 200, Appendix VII - States and

Local Government and Indian Tribe Indirect Cost Proposals (15 pts).

2. Experience negotiating indirect cost rate proposals with the USDE (15 pts).

3. Specific experience in developing rates for federal and state education institutions (15 pts)

B. MANAGEMENT COMPONENT

1. Evidence of capability to manage the project (10 pts).

2. Experience of the organization and personnel assigned to the project (10 pts)

3. References (5 pts)

C. TASK, ACTIVITY, DELIVERABLE AND BUDGET PLAN

1. Tasks are logical and have appropriate time frames (10 pts)

2. Activities are of sufficient scope and detail to provide evidence of satisfactory delivery of services and products (10 pts).

3. Proposed costs are justified in terms of the tasks and are reasonable, allowable and necessary to accomplish the objectives of the project (10 pts).

Total Points 100 https://tea.bonfirehub.com/ https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2262.htm#2262.055

5. Contractual Requirements

5.1. Incorporation and Order of Precedence

A copy of TEA’s standard terms are conditions are attached to this solicitation as Attachment B.

Contractors are responsible for reviewing the contract terms and conditions carefully. Most TEA contract clauses are required by state or federal law, administrative rule, or Comptroller of Texas Public Accounts guidance.

Contractors must clearly identify any exceptions to Attachment B as part of their proposal and offer alternative language to any contract terms and conditions when submitting a response to this solicitation.