ESBD_403574_1742412583289_RFP No. 2844, County Chair Seminar 2025 - RFP with Appendix A (FINAL).pdf

Office of the Texas Secretary of State

Purchasing Department James E. Rudder Building, Suite 405

1019 Brazos Street Austin, TX 78701-2413

Attn: Rose Sears Email: SPurchasing@sos.texas.gov

REQUEST FOR PROPOSAL (RFP)

CONFERENCE SPACE RENTAL

FOR SECRETARY OF STATE ELECTION LAW SEMINAR

NIGP Class/Item No(s) 971-65 Room Rental or Lease for Conferences, Seminars, Etc.

RFP Number No. 2844 Deadline for Submission of Proposals

April 16, 2025 5:00 p.m. (CT)

Table of Contents

SECTION ONE

1.0 DEFINITIONS

1.1 INTRODUCTION

1.2 PURPOSE…

1.3 CONTRACT TERM

1.4 SCOPE OF SERVICES

1.5 SPECIAL CONCESSIONS AND AMENITIES

1.6 SPECIFIC SERVICE REQUIREMENTS

SECTION TWO

2.1 STANDARD PROPOSAL REQUIREMENTS FOR SUBMISSION

2.2 PROCUREMENT SCHEDULE

2.3 EVALUATION OF PROPOSALS

2.4 EVALUATION CRITERIA

2.5 ADDITIONAL INFORMATION REGARDING THE PROPOSAL CONTENT

2.6 RECEIPT OF OFFERS

2.7 SUBMITTAL OF PROPOSALS TO AGENCY

2.8 RESPONSE CHECKLIST

2.9 SOS PURCHASING DEPARTMENT

2.10 QUESTIONS RECEIVED PRIOR TO PROPOSAL DUE DATE/TIME AND

REQUESTS FOR ADDITIONAL INFORMATION…………………………………21

2.11 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SECTION THREE

3.0 CERTAIN CONTRACTUAL REQUIREMENTS AND GENERAL

PROVISIONS……………………………………………………………………………22

3.1 CONTRACTOR’S PROPOSAL

3.2 CHANGES IN SPECIFICATIONS

3.3 SPECIFICATIONS FOR CONFERENCE AND APPROVAL BY SOS……………22

3.4 EXPENDITURE APPROVAL BY SOS

3.5 PAYMENT

3.6 PRICE ADJUSTMENTS

3.7 INSURANCE

3.8 TRAVEL EXPENSES

3.9 ACCEPTANCE OF FUNDS

3.10 INDEPENDENT AUDITING STANDARDS AND CONFLICT OF INTERESTS .. 27

3.11 TERMINATION

3.12 FUNDING OUT

3.13 PARTIALLY COMPLETED WORK

3.14 TAXES

3.15 IMMIGRATION AND THE U.S. DEPARTMENT

OF HOMELAND SECURITY’S E-VERIFY SYSTEM

3.16 TERRORISM AND EXCLUDED PARTIES

3.17 ORDER OF PRECEDENCE

3.18 1 T.A.C. CHAPTER 202 INFORMATION SECURITY STANDARDS

3.19 1 T.A.C. CHAPTER 206 STATE WEBSITES

3.20 1 T.A.C. CHAPTER 213 ELECTRONIC AND INFORMATION RESOURCES

3.21 PERFORMANCE MONITORING

3.22 PERFORMANCE MEASURES AND ASSOCIATED REMEDIES

APPENDICES

APPENDIX A: EXECUTION OF OFFER, AFFIRMATION OF TERMS AND

CONDITIONS, AND PROPOSAL PREFERENCES

APPENDIX B: HUB SUBCONTRACTING PLAN

APPENDIX C: SAMPLE COVER SHEET

APPENDIX D: COST PROPOSAL FORM

APPENDIX E: CONFLICT OF INTEREST DISCLOSURE STATEMENT

REQUEST FOR PROPOSAL

SECTION ONE

1.0 DEFINITIONS

As used in this Request for Proposal and its attachments, the following terms have the following meanings:

A. Amendment means the Contract as revised in any respect by the mutual written agreement of SOS and Contractor, and includes (without limitation) both the original Contract and any subsequent amendments or modifications thereto and purchase order change notices.

B. ADA compliant means the Americans with Disabilities Act Standards for Accessible Design.

C. Bidder or Respondent or Offeror means an entity or individual that submits a response to this Request for Proposal. These terms also include anyone acting on behalf of the entity or individual that submits a response, such as an agent, employee, or representative.

D. Business Day means a Calendar Day that is not a state holiday or weekend day, at any time before 11:59 PM (CT). State holidays are identified in a list available on the Comptroller’s website, https://comptroller.texas.gov/about/holidays.php.

E. Calendar means, as to Calendar Year, each day in a year from January 1 until December

31, and, as to Calendar Day, a day in a particular Calendar Year, regardless of whether that day is a state holiday (as identified in a list available on the Comptroller’s website, https://comptroller.texas.gov/about/holidays.php) or weekend day, at any time before

11:59 PM (CT).

F. Client means the Office of the Texas Secretary of State.

G. Contract means Signed Contract (or Notice of Award); Attachments to the Contract (or

Notice of Award); signed Purchase Order, as modified by any properly executed Purchase Order Change Notices; Attachments to the signed Purchase Order, as modified by any properly executed Purchase Order Change Notices; Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences; Request for Proposal; Attachments, Appendices and Schedules to Request for Proposal not including the Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences; extensions of or to the standard contract form if agreed to by SOS in writing; and Contractor’s response, in whole or in part, to the Request for Proposal, if incorporated into the Contract pursuant to the Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences.

H. Contract Project means the purpose intended to be achieved through the Contract (including any Amendments) as described therein and in this Request for Proposal.

https://comptroller.texas.gov/about/holidays.php

I. Contractor or Vendor means, in addition to the proposed contractor, the party or parties to any Contract (including any Amendments) arising out of this Request for Proposal other than SOS, including its or their officers, directors, employees, agents, representatives, consultants, and subcontractors, and subcontractors’ officers, directors, employees, agents, representatives, and consultants.

J. Contractor Derivative Works means Contractor Underlying Works (as herein defined) and all Derivative Works thereof that do not contain Work Product (as herein defined).

K. Contractor Underlying Works means those Underlying Works (as herein defined) conceived, invented, created, or acquired by Contractor, rather than by a Third Party (as herein defined).

L. Deliverables means those items and materials, including Documentation (as herein defined), reports, templates, and services, provided, prepared, and delivered in the course of performance of the Contract (including any Amendments) by Contractor. The services or goods specified in this RFP and any resulting Contract, that the Contractor shall perform or deliver to the SOS for acceptance.

M. Derivative Works means a revision, modification, translation, abridgement, compilation, condensation, or expansion of the applicable underlying work or any other form in which work that may be recast, transformed, or adopted, and which, if prepared without the consent of the copyright owner, would be a copyright infringement.

N. Documentation means all materials and media created by Contractor for use under the

Contract (including any Amendments), including any updates and revisions as and when created.

O. Electronic State Business Daily (ESBD) means the electronic online directory, administered by the Texas Comptroller of Public Accounts, Statewide Procurement Division (SPD), for publishing procurement opportunities which exceed $25,000 in total estimated value and for providing public notice of contract awards. The ESBD may be accessed through the CPA web site at https://www.txsmartbuy.com/esbd.

P. Intellectual Property Rights means the worldwide legal rights or interests evidenced by or embodied in: (i) any idea, design, concept, personality right, method, process, technique, apparatus, invention, discovery, or improvement, including any patents, trade secrets, and know-how; (ii) any work of authorship, including, for example, any copyrights, moral rights, or neighboring rights; (iii) any trademark, service mark, trade dress, trade name, or other indicia of source or origin; (iv) domain name registrations; and (v) any other proprietary or similar rights. The Intellectual Property Rights of a party include all worldwide legal rights or interests that the party may have acquired by assignment or license with or without the right to grant sublicenses.

https://www.txsmartbuy.com/esbd

Q. Project Manager means the respective person(s) representing SOS or Contractor, as indicated in the Contract (including any Amendments), for the purposes of administering the Contract Project.

R. Response(s) or Offer means all information and materials submitted in response to this

Request for Proposal. Such a response may also be referred to in this RFP as Bid or Bid Response.

S. RFP means this Request for Proposal.

T. Services means all the services, functions, creation of Deliverables, Work Products (as herein defined), and any other activities necessary as performed by the Contractor in the fulfillment of its obligations to SOS (as herein defined) under the Contract (including any Amendments).

U. SOS means the Office of the Texas Secretary of State.

V. Third Party means a person or entity other than SOS or Contractor.

W. Third Party Works means all Underlying Works and all Derivative Works thereof that are created, invented, conceived, and fixed in a tangible medium of expression by a Third Party.

X. Underlying Works means all works of authorship fixed in any tangible medium of expression that (i) had already been conceived, invented, created, or acquired by Contractor or a Third Party prior to the Effective Date of the Contract (including any Amendments) and that were not conceived, invented or created for SOS’s use or benefit in connection with the Contract (including any Amendments); or (ii) are conceived, invented, created, or acquired by Contractor or a Third Party after the effective date, but only to the extent such works of authorship do not constitute Work Product. An Underlying Work includes all intermediate and partial versions thereof, as well as documentation, formulae, processes, algorithms, designs, specifications, inventions, discoveries, concepts, improvements, materials, program materials, software, flow charts, notes, outlines, lists, compilations, manuscripts, writings, pictorial materials, manuals, instructions, printed material, graphics, artwork, images, illustrations, photographs, computer programs, computer software, scripts, object code, source code or other programming code, HTML code, flow charts, schematics, data, information, multimedia files, text web pages or websites, other written or machine readable expression of such works fixed in any tangible media, all other copyrightable works, apparatus, methods, techniques, other creations, and the like, whether or not patented or patentable or otherwise protectable by law.

Y. Work Product means any and all Deliverables developed, produced, or generated in connection with this Contract (including any Amendments), including any and all tangible or intangible items or things (including, without limitation, computer programs) and all intermediate and partial versions thereof, that have been or will be prepared, created, developed, invented, or conceived at any time following the effective date of the Contract

(including any Amendments), including but not limited to: (a) any (i) works of authorship (such as, for example, all documentation, formulae, processes, algorithms, designs, specifications, inventions, discoveries, concepts, improvements, materials, program materials, software, flow charts, notes, outlines, lists, compilations, manuscripts, writings, pictorial materials, manuals, instructions, printed material, graphics, artwork, images, illustrations, photographs, computer programs, computer software, scripts, object code, source code or other programming code, HTML code, flow charts, schematics, data, information, multimedia files, text web pages or websites, other written or machine readable expression of such works fixed in any tangible media, all other copyrightable works, apparatus, methods, techniques, other creations, and the like, whether or not patented or patentable or otherwise protectable by law, (ii) trademarks, service marks, trade dress, trade names, logos, or other indicia of source or origin, (iii) ideas, designs, concepts, personality rights, methods, processes, techniques, apparatuses, inventions, formulas, discoveries, or improvements, including any patents, trade secrets and know-how, (iv) domain names, (v) any copies and similar or derivative works to any of the foregoing, (vi) all documentation and materials related to any of the foregoing, (vii) all other goods, services, or deliverables to be provided to SOS under the Contract (including any Amendments) or a statement of work, and (viii) all Intellectual Property Rights in any of the foregoing; (b) which are or were created, prepared, developed, invented, or conceived for the use or benefit of SOS in connection with any Contract (including any Amendments) arising out of this RFP (including any statement of work), or with funds appropriated by or for SOS or SOS’s benefit, (i) by any Contractor (including, but not limited to Subcontractors) personnel or SOS personnel (where “personnel” includes employees, contractors, agents, and the like; and/or (ii) any person who was an employee of SOS and then became personnel to Contractor (including, but not limited to, any of its affiliates or subcontractors), where, although creation or reduction-to-practice is completed while the person is affiliated with Contractor or its personnel, any portion of same was created, invented, or conceived by such person while affiliated with SOS.

1.1 INTRODUCTION

The Office of the Texas Secretary of State (“SOS”) is soliciting this Request for Proposal (“RFP”) for a contractor (“Contractor”) in accordance with Texas Government Code § 2155.074 (Best Value Standard for Purchase of Goods or Services). The SOS’s Elections Division will be hosting the 22nd Biennial Election Law Seminar for County Chairs in 2025 (“Conference” or “County Chair Seminar”).

The Conference must be held in a venue in the Austin-Round Rock-Georgetown metropolitan statistical area (as indicated by the U.S. Census Bureau: https://www2.census.gov/programs-surveys/metro-micro/reference-maps/2020/state-maps/48_Texas_2020.pdf).

1.2 PURPOSE

The SOS is seeking competitive bids to establish a contract for conference space rental for a one-day election law seminar for county party chairs in 2025. The Secretary of State is the chief election officer for the State of Texas. The Secretary of State’s Elections Division provides assistance and https://www2.census.gov/programs-surveys/metro-micro/reference-maps/2020/state-maps/48_Texas_2020.pdf https://www2.census.gov/programs-surveys/metro-micro/reference-maps/2020/state-maps/48_Texas_2020.pdf advice to the county chairs of political parties on the proper conduct of elections, which includes hosting seminars. The Conference provides educational workshops and networking opportunities to promote a culture of excellence in achieving the mission of the SOS.

1.3 CONTRACT TERM

The Contract shall commence upon the issuance of a Notice of Award by the SOS and end at 11:59 PM (CT) on December 31, 2025. The Contract is not subject to renewal by the SOS or the Vendor.

The Vendor shall have no authority to act for or on behalf of SOS or the State of Texas except as expressly provided for in the awarded contract; no other power or use is granted or implied. The Vendor may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of SOS or the State of Texas.

The complete contract governing the procurement will consist of the provisions in this RFP, including all attachments, the Respondent’s proposal, and the notice of award, including any addenda issued by the SOS, as indicated in Section 3.17-Order of Precedence. The provisions of this RFP and those of the notice of award shall control in the case of any conflict with any of the provisions in the Respondent’s proposal, except as otherwise noted in the notice of award.

Respondents shall provide, with their proposal, any proposed agreements the Respondent intends to be part of the contract award. The SOS may agree to, amend, or reject all or any part of such agreements if doing so would be in the State’s or the SOS’s best interest.

This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, or any other disruption of current appropriations, the termination provisions in the Contract shall apply.

THE SOS WILL NOT SIGN FORM CONTRACTS. THE SOS WILL NOT BE BOUND BY

ANY VENDOR LIMITATION OF LIABILITY.

1.4 SCOPE OF SERVICES

1.4.1 General Scope and Requirements.

The SOS is seeking proposals from vendors with sufficient meeting room space to accommodate and host the County Chair Seminar. The County Chair Seminar will be attended by an estimated 500 attendees.

1.4.2 Event Date and Times and Estimated Attendance.

• Preferred Date: Friday, September 26, 2025.

• Alternate Date: Friday, October 3, 2025.

• Official Program Time: 8:00 a.m. to 5:00 p.m.

• Estimated Attendance: 500.

1.4.3 Meeting Space Requirements.

The event space must meet the following specifications:

General Session Meeting Space:

• At least one classroom/ballroom set to accommodate up to 500 people (please refer to additional specifications in Section 1.6 below).

Facility:

• The SOS requires an Automated External Defibrillator (AED) on site and trained staff in the use of an AED.

1.5 Special Concessions and Amenities.

• Complimentary valet parking for the Secretary of State and Deputy Secretary of State.

• Complimentary parking for guest speakers and Secretary of State staff for a maximum of forty (40) persons.

• Discounted parking for attendees.

• One (1) Staff Legal/Attorney room needed for the duration of the County Chair Seminar set to accommodate conference style seating for twenty (20) people.

• Contractor to provide easels at no cost to Client for signage for the County Chair Seminar.

Client to provide signs.

• Reduced audio-visual (AV) rate for all required audio-visual needs; Client to provide projectors and laptops.

• Complimentary meeting space, registration area space, and staff/speaker ready-rooms.

1.6 Specific Service Requirements.

1.6.1 Registration Set-Up.

• Contractor to set up no later than 6:00 a.m. on the day of the seminar for attendee registration.

• Registration prep by Client to take place beginning at 6:00 a.m. on the day of the seminar.

• Pre-registration of attendees takes place from 6:00 a.m. to 8:00 a.m. on the day of the seminar.

1.6.2 Client Registration Set-Up.

• Three (3) 6-foot skirted tables in U-shape.

• Six (6) chairs.

• Two (2) wastebaskets.

• One (1) water station.

• Two (2) power strips and extension cords.

• Two (2) wired internet connections.

• Extra linens to cover materials.

• Rope and stanchion for restricted access.

• Two (2) easels in “like new” condition.

1.6.3 Main Room/Ballroom.

• Classroom style (classroom style seating involves skirted tables and chairs that are arranged in parallel rows facing the front of the room), up to 500 seats.

• One (1) reserved SOS table in front of room near podium.

• One (1) reserved SOS table in rear of room near an exit.

• Main ballroom must be ADA compliant. Accommodations to include at least one (1) ADA ramp.

• Additional chairs lined against the wall as needed to accommodate on-site registrants and late arrivals.

• One (1) Podium with one (1) wired mic on risers with handrails at the head of room.

• One (1) table and Two (2) chairs on each side of podium.

• Two (2) wireless mics on each side table at the head of room.

• American and Texas Flags properly oriented on the stage with pipe and black drape on risers behind podium, tables and chairs.

• Two (2) projector carts.

• Two (2) large screens.

• Two (2) standing wireless mics in the audience.

• One (1) wired internet connection at podium.

• Audio interface.

• Client to set up laptop and projectors.

• One (1) easel in “like new condition” for each entrance into the main ballroom.

• One (1) tech in ballroom during general session starting at 6:30 a.m. to 8:30 a.m. to adjust sound and/or assist with A/V equipment if needed.

• Complimentary equipment testing on the day before the seminar.

1.6.4 Staff Legal/Attorney Room.

• Conference style seating for at least twelve (12) people.

• Four (4) keys for restricted access.

• No A/V needs.

1.6.5 Storage.

• Skirted tables along wall for supplies and equipment.

• Four (4) keys for restricted access.

• No A/V needs.

1.6.6 Food and Beverage.

• Morning beverage.

• Afternoon beverage break.

SECTION TWO

GENERAL INSTRUCTIONS AND STANDARD PROPOSAL REQUIREMENTS

2.1 STANDARD PROPOSAL REQUIREMENTS FOR SUBMISSION

The sole point of contact for all inquiries or any requests for additional information concerning this RFP is SOS’s Purchasing Department. All correspondence regarding this RFP must be submitted to SOS’s Purchasing Department by email at SPurchasing@sos.texas.gov and the subject line must reference “RFP No. 2844” and Description of “CONFERENCE SPACE

RENTAL FOR SECRETARY OF STATE ELECTION LAW SEMINAR.”

Proposals that address only part of the requirements contained in this RFP may be considered non-responsive. SOS reserves the right to reject any and all proposals and to negotiate portions thereof.

The selected proposal may not necessarily be funded for the amounts indicated in any advertised scenario. The budget submitted by the Contractor is subject to negotiation by the SOS. The SOS reserves the right to select the proposal containing the best value to the State of Texas considering the outcomes desired as described herein. The Contractor shall furnish such additional information that SOS may reasonably require. SOS may, in order to obtain an acceptable definitive contract with the selected Contractor, modify the terms of this RFP through negotiations with respect to such definitive contract before the execution of such contract on terms that are mutually agreeable to both SOS and the selected Contractor.

Responses to this RFP shall include all information as requested in this RFP. Each Contractor is responsible for its own thorough understanding of the RFP, including all attachments related thereto. In addition, each Contractor is solely responsible for its response and all documentation submitted. Contractors are cautioned to pay particular attention to the clarity and completeness of their response. The clarity and completeness of a response will be considered by SOS. Any terms and conditions attached to a solicitation will not be considered unless specifically referred to in this solicitation and may result in disqualification.

Listed below is a summary of all information to be included in a proposal submitted in response to this RFP. The SOS reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state:

A. Execution of Proposal

Respondent’s signature is required to acknowledge that Respondent can meet all requirements as stated in the RFP. Failure to sign and submit this form with the proposal may disqualify the proposal.

B. Transmittal Letter

The Respondent’s transmittal letter should contain a brief summary of key qualifications and the approach to achieving the required services. The letter should state if any exceptions are being taken and that the proposal will remain in effect for one hundred and twenty (120) calendar days after the response deadline.

C. Pricing

Respondents must provide pricing information on the Cost Proposal Form (Appendix D).

Failure to submit a complete Pricing Submission will result in DISQUALIFICATION of the Response.

Proposal pricing must include the following components:

1. Rental rates for main room/ballroom and staff room.

2. Pricing for set-up requirements, if any.

3. Audiovisual (AV) Services, with an indication of whether in-house AV services are available and if a discount applies for use of in-house AV services, with all pricing inclusive of any service charges.

4. Pricing for morning/afternoon beverage breaks, inclusive of all gratuities and service charges.

5. Total proposed contract amount.

The SOS reserves the right to negotiate all pricing prior to the award of the contract.

D. Proprietary Information

If any material in the proposal is marked to be considered as proprietary information, include a separate page that indicates the proposal section(s) and page(s) so marked. Any marking of information as proprietary or confidential must be completed in accordance with RFP Appendix A, Paragraph 74, Public Information Act Disclosures.

E. Assumptions and Exceptions

Respondents shall clearly state any assumptions made in their proposal. Respondents shall also identify any exceptions taken to specific provisions of this RFP, noting the specific RFP section number and the Contractor’s proposed alternative. A Contractor cannot take a “blanket exception” to the entire solicitation. If there are no exceptions, respondents must explicitly state that the respondent takes no exception to any part of this RFP. Any exception may result in the contract not being awarded to the Respondent. The Contractor’s proposed alternative must also be provided in its response.

2.2 PROCUREMENT SCHEDULE

Solicitation Posted to ESBD March 19, 2025 Deadline for Questions from Contractors due to SOS Purchasing

March 26, 2025

SOS Responses to Questions from Contractors – Addendum Posted to

ESBD

April 2, 2025

Deadline for Submission of Proposals April 16, 2025 5:00 p.m. (CT)

Anticipated Contract Start Date May 1, 2025

The Procurement Schedule dates of this RFP are tentative. The SOS reserves the right to modify these dates at any time as conditions require. Any events listed in the Procurement Schedule after the Response Deadline will occur at the discretion of the SOS.

Responses must be received by the SOS prior to the Response Deadline as indicated in the Procurement Schedule or as changed via an Addendum. Every Bidder is solely responsible for ensuring its Response is received before the Response Deadline. The SOS is not responsible for lost, misdirected, or late Responses. By submitting a Response, the Bidder represents and warrants that any individual submitting the Response and any related documents on behalf of the Bidder is authorized to do so and to bind the Bidder under any resulting contract.

2.3 Evaluation of Proposals

SOS reserves the right to award contract(s) without any negotiations and reserves the right not to make awards. Each Contractor is strongly encouraged to provide its best price in its proposal because SOS makes absolutely no guarantee that there will be any opportunity to negotiate or provide alternative pricing at any point during the RFP process.

Respondents are encouraged to provide their best response to the scope of services and attachments contained in the solicitation. Based upon SOS’s evaluation of the responses to this RFP, SOS will determine if there is a need to request a Best and Final Offer (BAFO).

A request for a BAFO will be at the sole discretion of SOS and may be requested in writing from the Respondents determined to be within the competitive range.

SOS shall award a contract to a Contractor whose proposal is considered to provide the best value to the State of Texas, which includes the purchase price and the extent to which the goods or services meet specifications.

SOS will conduct a fair, comprehensive, and impartial evaluation of all proposals received in response to this RFP. The evaluation will be conducted by employees of SOS invited by the Texas Secretary of State and/or the Deputy Secretary of State to participate. SOS’s General Counsel, other in-house legal counsel, and outside legal counsel may assist by providing advice during the evaluation process.

By submitting a proposal, Contractor grants SOS the right to obtain information from any lawful source regarding the Contractor and its directors’, officers’, and employees’: (1) past business history, practices, and conduct; (2) ability to supply the goods and services; and (3) ability to comply with contract requirements. By submitting a proposal, Contractor generally releases from liability and waives all claims against any party providing SOS information about the Contractor.

SOS may take such information into consideration in evaluating proposals.

Information obtained from the Texas Comptroller’s Vendor Performance Tracking System may be used in evaluating offers to determine the best value for the State of Texas.

SOS will conduct an independent review of each proposal submitted. All persons involved in this RFP process will sign a non-disclosure statement. SOS will evaluate the responses based on the selection criteria identified herein.

SOS may request clarification of information or representations in a proposal before completing the initial evaluation. Refer to Section 2.10 of this RFP for information regarding Contractor responses to inquiries and requests.

Proposals will be selected based on the ability of each Contractor to carry out all of the requirements contained in this RFP.

SOS will perform an initial screening of all proposals received. Only complete responses that contain all required submittal documents will be considered. Failure to submit the required documents will result in a response being declared non-responsive/disqualified. Unsigned proposals and proposals that do not include all required forms and sections will be disqualified.

SOS reserves the right to waive minor informalities in a proposal and award a contract that is in the best interest of the State of Texas.

Initial screening will check for compliance with various content requirements defined in the RFP.

SOS also reserves the right to request clarification from a Contractor who fails to meet any initial compliance requirements prior to rejecting a proposal for material deviation from requirements or non-responsiveness.

SOS may determine that certain proposals are within the range of competition for admission to discussions. The range of competition consists of the proposals that receive the highest or most satisfactory evaluation score. SOS may, in the interest of administrative efficiency, place reasonable limits on the number of proposals admitted to the range of competition.

SOS may, but is not required to, request a Contractor to prepare one or more revised proposals.

SOS will determine if Best and Final Offers are necessary. Award of a contract may be made without Best and Final Offers. SOS may, at its discretion, elect to have Contractors respond to inquiries related to their proposals. A request for a Best and Final Offer is at the sole discretion of SOS and will be extended in writing. If SOS so chooses, it may request further revisions or another round of proposals, even if it has identified a prior request as being for Best and Final Offers.

SOS may, but is not required to, conduct discussions with all, some, or none of the Contractors admitted to the field of competition for the purpose of obtaining the best value for SOS and the state of Texas. It may conduct discussions for the purpose of:

Obtaining clarification of proposal ambiguities;

Requesting modifications to a proposal; and/or Obtaining a best and final offer.

SOS may make an award prior to the completion of discussions with all proposals admitted to the range of competition if SOS determines that the award represents the best value to SOS and the State of Texas. SOS staff shall determine the number of Respondents with which it will start contract negotiations. SOS will negotiate with multiple Respondents if SOS determines it is in the best interest of SOS and the State of Texas to do so after receipt of Responses. SOS will terminate contract negotiations when SOS determines that the best value for the State has been obtained.

SOS shall make the decision to award any contracts, if it is in the best interest of SOS and the State of Texas to do so. SOS’s decision is final. Any award for this RFP shall be posted on the Electronic State Business Daily upon execution of a contract with one or more Contractors. All responses and working papers pursuant to this RFP are not subject to disclosure under the Public Information Act until the contract has been executed.

SOS reserves the right to make modifications to the requirements set forth in this RFP up until contract award. SOS reserves the right to cancel this RFP, to make a partial award, or to make no award if it determines that such action is in the best interest of SOS or the State of Texas. Once SOS determines the top-scoring Contractor(s), SOS may meet with such Contractors to negotiate and to execute a final written contract. SOS reserves the right to negotiate any portion of a Contractor’s proposal and any portion of this RFP. If SOS is not able to negotiate a satisfactory contract with a specific Contractor, SOS will terminate negotiations with that Contractor. SOS may undertake simultaneous negotiations with multiple Contractors in the order of ranking.

SOS reserves the right to reject any or all RFP responses and to waive informalities and minor irregularities in the RFP responses, and request clarification as needed, as deemed in the best interest of the State of Texas and SOS. SOS may, in order to obtain an acceptable contractual agreement with a Contractor, with the consent of the Contractor, modify through negotiations and issuance of an addendum before accepting and reaching a final contract award.

Negotiations may continue in this fashion until SOS awards a contract, SOS rejects all Contractors, or SOS terminates this RFP.

2.4 Evaluation Criteria

The award will be made to the respondent whose offer provides the best value for the state and is in the state’s best interest as defined in Section 2155.074, Texas Government Code.

In determining the best value, SOS will consider the following factors:

1. The available dates and sufficient meeting space to host the Conference and fulfill the RFP’s specifications.

2. The submitted pricing to fulfill the RFP’s specifications, including meeting rooms, audiovisual services, and catering services.

3. Offered concessions including amenities, discounts, and parking prices.

4. References, past history and other relevant considerations as determined by SOS.

The SOS will consider the Respondent’s quality of references from past customers, including references from any federal, state, or local governments or government entities, and a track record of successfully hosting conferences of this size or larger.

Client references should include contact information, including phone numbers and email addresses.

SOS reserves the right to conduct studies and other investigations as necessary to evaluate any proposal. SOS reserves the right to waive any minor or immaterial response requirements noted in the submission process. Submission of proposals confers no legal rights upon any Respondent.

Preference may be given to, or relevant factors may be considered for, the Respondent’s economic impact to the state or a subdivision of the state, including potential tax revenue and employment, the effect of a purchase on agency productivity and the cost of any employee training associated with the purchase.

SOS will determine whether negotiations or BAFOs are necessary and may invite selected Respondents to provide oral presentations of their proposals.

Respondents should be aware that sealed proposals and information regarding sealed proposals cannot and will not be disclosed to respondents or the general public prior to award of the contract(s).

1 Meeting Room Space and Available Dates for the Conference 40% 2 The Submitted Pricing to Fulfill the RFP’s Specifications, including Meeting

Rooms, Audiovisual Services, and Catering Services.

30%

3 Offered Concessions, including Amenities, Discounts, and Parking Prices. 20%

4 References, Past History, and other Relevant Factors as Determined by SOS 10% Total 100%

AT THE SOLE DISCRETION OF SOS, AN EXCEPTION IN WHOLE OR IN PART MAY

RESULT IN THE DISQUALIFICATION OF SUCH PROPOSAL.

2.5 ADDITIONAL INFORMATION REGARDING THE PROPOSAL CONTENT

A. Historically Underutilized Business (HUB) Identification

HUBs are encouraged to submit a proposal for the services requested in this RFP. Contractors are encouraged to become HUB-certified. Contractors that are not certified, and who wish to become certified, should complete a HUB certification application, available at https://comptroller.texas.gov/purchasing/vendor/hub/forms.php. Contractors should also relay this information to any potential subcontractors who wish to become a certified HUB. Contractors that are certified as a HUB with the Texas Comptroller of Public Accounts should attach a copy of the certificate to the proposal.

B. Historically Underutilized Business (HUB) Subcontracting Plan

Subcontracting opportunities are possible for the Contract arising out of this RFP, and Contractors are encouraged to subcontract with HUBs. HUBs are defined in Section 2161.001 of the Texas Government Code. Contractors may choose to subcontract all, or any portion, of the services with HUBs.

All Contractors are required to submit a HUB Subcontracting Plan (“HSP”) with their response to this RFP.

Contractors that fail to submit a HSP will be rejected for noncompliance with the advertised RFP specifications.

In preparing the HSP, the Contractor must comply with the Comptroller of Public Accounts’ regulations relating to developing and submitting a subcontracting plan, as set forth in Title 34, Section 20.285 of the Texas Administrative Code. Section 20.285 further describes the means by which the Contractor may demonstrate the “good faith effort” required for completion of the HSP.

Pursuant to Title 34, Section 20.284 of the Texas Administrative Code, the applicable statewide HUB goal for this procurement is 26.0% (other services contracts).

The HSP will be incorporated into a contract arising out of this RFP between SOS and the selected Contractor.

A partial list of potential HUBs can be found at https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do. Search “HUBs only” or “HUBs on CMBL”. Enter the Class Code and the Item number. These Contractors are registered on the Comptroller of Public Accounts’ Centralized Master Bidders List (“CMBL”) or other related listing. SOS does not endorse, recommend, or attest to the capabilities of any company or individual on these lists.

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

HSP forms can be accessed at https://comptroller.texas.gov/purchasing/docs/hub-forms/hsp-allfms.pdf. The form is also attached as Appendix B. In addition, a list of Minority/Women Trade Organizations/Development Centers is included in Appendix B.

C. Conflict of Interest Disclosure Statement

The Conflict of Interest Disclosure Statement, which is found in Appendix E of this RFP, must be prepared, signed by a Contractor, and returned with the proposal.

In its proposal, a Contractor must represent and warrant to SOS that it and each of its subcontractors have the requisite resources, qualifications, and independence to provide their services free from outside direction, control, or influence, and subject only to the accomplishment of SOS’s objectives. Contractors that cannot make this representation and warranty should not respond to this RFP.

A 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 from Contractor and its possible selection as a selected vendor, or its performance or the performance of its proposed subcontractor(s) of the Contract (including any Amendments).

As part of this disclosure requirement, each Contractor must include in its proposal all past and present contractual, business, financial, or personal relationships between Contractor and SOS and between Contractor’s proposed subcontractors, if any, and SOS.

By submitting a proposal, Contractor represents and warrants that neither it nor its employees and subcontractors have an actual or potential conflict of interest in entering a Contract (including any Amendments) with SOS. Contractor also represents and warrants that entering a Contract with SOS will not create the appearance of impropriety. In its proposal, Contractor must disclose any existing or potential conflict of interest that it might have in contracting with SOS. The requirement to disclose any actual or potential conflict of interest will continue during the term of the contract, and will survive until the end of the recordkeeping requirement, which is set forth in the “Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences” instrument found in Appendix A of this RFP. SOS will decide, in its sole discretion, whether an actual or perceived conflict should result in proposal disqualification or contract termination.

In addition to the disclosures required above, Contractor must also disclose any of its personnel who are current or former officers or employees of SOS or who are related, within the third degree by consanguinity (as defined by Texas Government Code, Section 573.023), or within the second degree by affinity (as defined by Texas Government Code, Section 573.025), to any current or former officers or employees of SOS.

Contractors must comply with all applicable Texas and federal laws and regulations relating to the hiring of former state employees (e.g., Texas Government Code, Chapters 572 and 573). Such “revolving door” provisions generally restrict former agency heads from communicating with or appearing before the agency on certain matters for two (2) years after leaving the agency. The revolving door provisions also restrict some former employees from representing clients on https://comptroller.texas.gov/purchasing/docs/hub-forms/hsp-allfms.pdf https://comptroller.texas.gov/purchasing/docs/hub-forms/hsp-allfms.pdf matters that the employee participated in during state service or matters that were in the employee’s official responsibility. Contractor, by signing this solicitation, certifies that it has complied with all applicable laws and regulations regarding former state employees.

D. Additional Response Instructions

(1) A Contractor must sign and, where relevant, fill in the requested information on the “Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences” instrument, which is found in Appendix A of this RFP.

(2) A Contractor must complete and sign the Conflict of Interest Disclosure

Statement, which is found in Appendix E of this RFP, and return a completed form with the submitted proposal.

(3) By signing, Contractor or the Contractor’s legally authorized agent affirms that all statements within the Offer are true and correct.

Discovery of any false statement in the proposal is a material breach and shall void the submitted proposal or any resulting contracts.

(4) Receipt of any addenda made to this RFP must be acknowledged by returning a signed copy of each addendum with the submitted proposal.

2.6 RECEIPT OF OFFERS

To be eligible to be considered for funding, without exception, proposals must be received by the SOS Purchasing Department on or before the due date listed in Section 2.2-Procurement Schedule.

In establishing the time and date of receipt, SOS will rely solely on the time/date stamp of the email submission to the SOS Purchasing Department. SOS will not accept any other documentation as proof of receipt of any Offer. Offerors are advised that SOS assumes no responsibility, due to any circumstance, for the receipt of an Offer after the due date as set forth above.

Response(s) cannot be altered or amended once the deadline for submission of Response(s) has expired unless specifically requested by SOS as part of the negotiation process to incorporate into the Contract (including any Amendments). Any alterations to a submitted Response made by a Respondent before the deadline for submission must be initialed by the Respondent or its authorized agent. No Response may be withdrawn after the deadline for submission of Response(s) without written approval from SOS.

2.7 SUBMITTAL OF PROPOSALS TO AGENCY

(Electronic Submission)

The Respondent shall submit one signed and dated original electronic response (including all required components detailed in Section 2.8-Response Checklist) to SOS Purchasing Department via email to SPurchasing@sos.texas.gov on or before the due date listed in Section 2.2-mailto:SPurchasing@sos.texas.gov

Procurement Schedule. Failure to meet this condition shall result in disqualification of the Offer, and the Offer shall receive no further consideration.

The subject line of the e-mail must contain the following:

1. Respondent’s name;

2. RFP No. 2844; and

3. RFP Description (“CONFERENCE SPACE RENTAL FOR SECRETARY OF STATE

ELECTION LAW SEMINAR”).

Responses must be submitted in a manner that does not carry any benefit, keepsake, or value for SOS.

Transmissions of responses to this RFP via personal delivery or facsimile will not be accepted under any circumstances.

Refer to the Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences (Appendix A to this RFP) regarding designations of material as purportedly proprietary or otherwise confidential in the Response.

2.8 RESPONSE CHECKLIST

This checklist is intended to assist Contractors in ensuring that all requisite information is included in their response. Contractors must refer to the appropriate section of the RFP for detailed information on the following. Offer content must be presented in the order shown below.

RFP Cover Page Sec. 2.7;

Appendix C

Signed and Completed Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences

Appendix A

Proposal electronic copy Sec. 2.7

HUB Subcontracting Plan Appendix B

Standard Proposal requirements for submission

Sec. 2.1 (A-E);

Appendix D

Conflict of Interest Disclosure Statement Sec. 2.5(C);

Appendix E

Failure to return all information on the checklist may disqualify the proposal.

2.9 SOS PURCHASING DEPARTMENT

SOS Purchasing Department is open Monday through Friday, 8:00 a.m. to 5:00 p.m. (CT), excluding state holidays. State holidays are identified in a list available on the Comptroller’s website, https://comptroller.texas.gov/about/holidays.php. SOS Purchasing Department is located in the James E. Rudder Building, Suite 405, 1019 Brazos Street, Austin, TX 78701.

2.10 QUESTIONS RECEIVED PRIOR TO PROPOSAL DUE DATE/TIME AND

REQUESTS FOR ADDITIONAL INFORMATION

The sole point of contact for all inquiries or any requests for additional information concerning this RFP is SOS’s Purchasing Department. All correspondence regarding this RFP must be submitted to SOS’s Purchasing Department by email at SPurchasing@sos.texas.gov and the subject line must reference “RFP No. 2844”.

Please note the deadline for submitting questions as specified in Section 2.2-Procurement Schedule above.

In order to assure that no prospective Contractor may obtain a competitive advantage because of acquisition of information unknown to other prospective Contractors, any additional information that is different from, or in addition to, information provided in the RFP will be provided only in response to written inquiries via e-mail as set forth herein. All such inquiries and the written answers prior to the deadline for submission of the proposal will be posted as an addendum to the RFP on the Electronic State Business Daily (ESBD) at http://www.txsmartbuy.com/esbd. SOS will not respond to questions received after the deadline for submitting questions.

It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a bid. A Contractor’s failure to periodically check the ESBD will in no way release the selected Contractor from “addenda or additional information” resulting in additional costs to meet the requirements of the RFP.

Except as otherwise provided in this RFP, upon issuance of this RFP, other employees and representatives of SOS will not answer questions or otherwise discuss the contents of the RFP with any potential Contractor or its representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions unrelated to this RFP.

Contractors must notify SOS of any ambiguity, conflict, discrepancy, exclusionary specification, omission, defective specification, or other error in the RFP by the deadline for submitting questions and comments. If a Contractor fails to notify SOS of these issues, it will submit a proposal at its own risk, and if awarded a contract: (1) will have waived any claim of error, ambiguity, or mistake of fact in the RFP or resulting contract; (2) must not contest SOS’s interpretation of such provision(s); and (3) must not be entitled to additional compensation, relief, or time by reason of the ambiguity, conflict, discrepancy, etc. or its correction.

https://comptroller.texas.gov/about/holidays.php mailto:SPurchasing@sos.texas.gov http://www.txsmartbuy.com/esbd http://esbd.cpa.state.tx.us/

2.11 STATE NOT RESPONSIBLE FOR PREPARATION COSTS

SOS will not be liable for any costs incurred in the preparation and submittal of a proposal, or costs associated with performing requested oral presentations. Contractors understand that issuance of this RFP in no way constitutes a commitment by SOS to award a contract or to pay any costs incurred by a Contractor in the preparation of a response to this RFP. SOS is not liable for any costs incurred by a Contractor prior to issuance of or entering into a contract. Costs of developing offers, preparing for or participating in site visits, or any other similar expenses incurred by a Contractor are entirely the responsibility of the Contractor. Neither SOS nor the State of Texas will reimburse such expenses.

SECTION THREE

CERTAIN CONTRACTUAL REQUIREMENTS

3.0 CERTAIN CONTRACTUAL REQUIREMENTS AND GENERAL PROVISIONS

Any Contract (including any Amendments) awarded as a result of this RFP will contain the general terms and conditions listed herein. Subcontractors are also obliged to comply with these provisions.

3.1 CONTRACTOR’S PROPOSAL

The selected proposal may be incorporated into a contract prepared by SOS for signature by the contracting parties, as also provided in the Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences, which is attached as Appendix A to this RFP.