ESBD_405622_1744229267848_RFO HP WEBSITE FINAL.pdf

332-RFO25-1001 Page 1 of 32

Texas Department of Housing and Community Affairs

Proprietary

Request for Offer 332-RFO25-1001 for Website Manager and Tool Builder

By Texas Department of Housing and Community Affairs

Anticipated Schedule of Events Date RFO Issuance: April 9, 2025

Written Questions Due: April 16, 2025 Response to Questions Post: April 23, 2025 Offers Due: May 9, 2025 Contract Execution: May 23, 2025

Commencement of Work: May 23, 2025

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TABLE OF CONTENTS

PART I GENERAL INFORMATION

1.1 Introduction

1.2 Background

1.3 Definitions and Acronyms

PART II SCOPE OF WORK

2.1 Service Description

2.2 Term of Contract

2.3 Limitation of Authority

PART III GENERAL INFORMATION

3.1 Authority

3.2 TDHCA Rights

3.3 Offerer Obligations

3.4 Successful Offerer Obligations

3.5 Schedule of Events

3.6 Issuing Office

3.7 Submission of Offers

3.8 Submission of Questions

3.9 Confidential Information; Nondisclosure; Open Records

3.10 Media Releases

3.11 Non-exclusivity

3.12 Incorporation of Exhibits

3.13 Transition of Services

PART IV OFFER FORMAT

4.1 Introduction

4.2 General Organization of Offer Contents

PART V OFFER EVALUATION AND SELECTION

5.1 Evaluation Process

5.2 Selection Criteria

5.3 Offerer’s Past Performance

5.4 Protest Procedures

EXHIBIT A TERMS AND CONDITIONS

EXHIBIT B EXECUTION OF OFFER

EXHIBIT C CRIMINAL CONVICTION CERTIFICATION

EXHIBIT D NONDISCLOSURE AGREEMENT

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EXHIBIT E CONFLICT OF INTEREST STATEMENT

EXHIBIT F CERTIFICATION REGARDING PUBLIC NATURE OF THE OFFER

EXHIBIT G VENDOR REFERENCE QUESTIONNAIRE

EXHIBIT H HUB SUBCONTRACTING PLAN

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PART I

GENERAL INFORMATION

1.1 Introduction

The Texas Department of Housing and Community Affairs ("TDHCA") was created pursuant to Chapter 762, Acts of the Seventy-second Legislature of the State of Texas, Regular Session, 1991, as designated in Chapter 2306, Government Code in part to increase the supply of affordable housing for low- and moderate-income Texans. The Bond Finance Division of TDHCA issues tax-exempt and taxable bonds as well as other alternative types of funding to finance single-family housing.

TDHCA is governed by a six-member Board appointed by the Governor with the advice and consent of the Senate serving staggered six-year terms with the terms of three directors expiring on January 31 of each odd-numbered year. Members may be re-appointed.

As a result of this RFO, the Department anticipates executing a contract with the Successful Offerer to perform the Services and the contract, if any, resulting from it (the “Contract”). The time and number of Contracts resulting from this RFO and all procedures relating to such Contracts are within the discretion of the Department. Successful Offerer, as an independent contractor, shall provide Services under the Contract, at its facilities and with its own personnel.

1.2 Background

The mission of the Texas Department of Housing and Community Affairs is to administer its assigned programs efficiently, transparently, and lawfully and to invest its resources strategically and develop high quality affordable housing, which allows Texas communities to thrive. One of the ways TDHCA achieves its mission is by providing home mortgage products, services and education for low to moderate-income homebuyers through the TDHCA Homeownership Programs, which is funded entirely through the Department’s single family mortgage revenue bond and lending programs. Given its public sector position, TDHCA serves as Texas’ only Housing Finance Agency (HFA).

Programs within the Texas Homebuyer Program are as follows:

• MFTH offers first time homebuyers a 30-year, fixed interest rate mortgage loan with or without a down payment and closing cost assistance option.

• MCTH offers first time and repeat homebuyers a 30-year, fixed interest rate mortgage loan with down payment and closing cost assistance.

• TXMCC offers eligible homebuyers an income tax credit per year.

• TXHBU is a free online educational tool available to all homebuyers, who are required to take homebuyer education course(s).

1.3 Definitions and Acronyms

• Department. Texas Department of Housing and Community Affairs.

• CT. Central Time.

• Error Correction. The correction of software malfunctions due to development, coding, or configuration issues that prevent the software application from operating as designed.

• Fiscal Year. The State of Texas and TDHCA’s fiscal year that begins on September 1 and ends on August 31.

• FTHB. First Time Homebuyer

• IP Rights. All intellectual property rights, including copyrights, patents, trade secrets, trademarks, and other proprietary rights that are embedded in or used in connection with the Licensed Software and the Licensed Software Documentation.

• Licensed Software. The version of the software application(s), in Object Code form, provided under a contract resulting from this PR, and any released Software Upgrades, Software Updates, Software Enhancements/Releases, Software Patches/Fixes, Error Corrections, and customizations of such version.

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• Licensed Software Documentation. The complete set of operating manuals necessary to enable the Department to properly install and use the Licensed Software, including but not limited to all updates, revisions, and corrections to the manuals.

• MFTH. My First Texas Home

• MCTH. My Choice Texas Home

• Object Code. The machine code that can be directly executed by a computer’s central processing unit.

• Software Enhancement/Release. A change to a software application, intended to increase functionality, productivity, compatibility, and/or improve the user interface.

• Software License and Related Services (“Services”). All of the Licensed Software, Software Maintenance and Technical Support Services, Licensed Software Documentation, and other items listed in this PR. The term includes, but is not limited to, fees, shipping, freight handling, and any other services associated with Successful Offerer’s performance under any Contract resulting from this PR.

• Software Patch/Fix. Addition to a piece of code, usually as an immediate remedy to an existing software application error or defect. A Software Patch/Fix is usually a temporary measure until a more permanent solution is implemented with a Software Enhancement/Release and/or version update.

• Software Update. Any (a) commercially available versions of the Licensed Software with a version number designated to the right of the decimal point such as 1.1, 1.2, 1.3, etc., and (b) any subsequent variation of the Licensed Software which provides essentially the same functionality and accomplishes substantially the same tasks as the Licensed Software but which the software publisher releases under a different name or label.

• TXMCC. Texas Mortgage Credit Certificate

• TXHBU. Texas Homebuyer U Program

PART II

SCOPE OF WORK

2.1 Service Description

The Successful Offerer shall provide services as described in this Section and in compliance with all requirements of this RFO and the Contract. Any deviations from these specific requirements must be approved by the Department and the Successful Offerer in writing that specifically refers to the requirement and the reason for approval of the deviation. The Department will consider approving written requests for such deviations if the Department determines, in its sole discretion, that such deviations are consistent with applicable law and in the best interests of the Department. Further, any decrease in the level of services must be accompanied by a decrease in approved fees. All services must be provided at a highly competitive fee level, i.e., at a fee level that will provide the best value to the Department when all evaluation criteria are considered. The Department reserves the right, in its sole discretion, to enter into preliminary negotiations with more than one of the top Offerers. The Department may choose to award this solicitation to more than one Offerer. TDHCA believes this is a Proprietary solicitation however if you are able to meet the requirements TDHCA encourages you to respond.

The Successful Offerer must be qualified and able to provide all of the services required by the Department.

2.1.1 Minimum Requirements

A. Required experience, knowledge, skills, and abilities are as follows:

1. Three years experience in Craft CMS and Drupal

2. Experience building quick check tools that feed in to any and current websites

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3. Three years of experience with State or Non-Profit entities and the audiences they target.

4. Experience with State Housing Finance Agency

5. Experience with Graphic Design and Layout Services

6. The ability to work with a team that includes internal program, marketing, communications staff and Department leadership.

7. A working understanding of state homeownership programs, and the ability to produce and provide appropriately compliant deliverables.

8. Provide the following information for top two notable website development and management jobs in the last

12 months:

i. Company Name

ii. Dates of contract

9. Samples of work product in all areas relevant to this RFO that were put into actual use and provide metrics used to measure success along with results.

10. Professional Capacity / Experience

i. Evidence of qualifications and experience with:

1. Website Management and Development

2. Graphic Design and Layout;

ii. Provide a description of work done for other State agencies and or Non-Profits.

2.1.2 General Services

Firm is expected to provide services as required and to assign experienced professionals who are best suited to respond appropriately to contact requirements.

A. SERVICES

• Website management contract work MUST be completely integratable with ALL TDHCA Marketing efforts, such as ads, email drip campaigns, social media links. The website itself is the most important marketing tool for

TDHCA.

• Work within existing website Craft formatting to expand functionality and maintain secure data and creative output, while furthering brand development.

• Create website tools and pages that allow for methodologies to enable them to gather, process, and analyze vast amounts of data with great accuracy and efficiency that generate direct results of helping to assist more future homebuyers.

• Website integration is required to have advanced analytical methodologies and technology which includes rigorous data validation, matching methodologies, data cleaning processes, and testing data to measure website success and marketing results.

• Website integration of targeted ad tools, which are tracked after website visits.

• Work within existing website to plug in any new tools and functions that will further market and reach future homeowners that qualify for the programs.

• Develop website content into a mobile friendly, accessible and fair housing compliant website (to include both

English and Spanish versions). Current web content is located at: http://thetexashomebuyerprogram.com/

• Integrate plug ins and tools developed to enhance the website for lead generation.

• Coordinate technical assistance with current website hosting services ASW and the Department IS staff, as needed.

• Incorporate functional, visually, and aesthetically pleasing website design that is consistent across all pages/sections of the website in a design theme that fits targeted market segment(s) as described by TDHCA.

• Must provide Error Correction, options for settlement of IP Rights,

• Purchase Licensed Software on behalf of the Department and provide the certificate after purchase.

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• Install any Software Updates, Software Enhancements/Releases, Software Patches/Fixes, Error Corrections, and customizations of such version on behalf of department when requested and in the timeframe set by the Department.

Must provide all Licensed Software Documentation and Software License and Related Services delivered to the Department as applicable.

• The Offeror must ensure the security and privacy of protected information within the Platform by entering into an Information Security and Privacy Agreement (“ISPA”) with TDHCA per 10 TAC §1.24. For more information and the executable form, please visit http://www.tdhca.state.tx.us/ISPA.htm

• Cloud Computing State Risk and Authorization Management Program (“TX-RAMP”). Pursuant to Section 2054.0593(d)-(f) of the Texas Government Code, relating to cloud computing state risk and authorization management program, the Offeror represents and warrants that it complies with the requirements of the TX-RAMP and the Offeror agrees that throughout the term of the Contract it shall maintain its certifications and comply with the program requirements in the performance of the Contract. For more information, please visit the following Department of Information Resources (“DIR”) website: https://dir.texas.gov/information-security/texas-risk-and-authorization-management-program-tx-ramp

B. ADDITIONAL SERVICES

• Accessible art development and website forms

• Message identification and development

• Track landing page results/response for any email drip campaigns created by TDHCA Marketing

• Monitor and recommend strategies to maximize results within the website itself

• Train TDHCA staff on website maintenance

C. REPORTS

Success of the website will be measured by true data analysis and website manager must deliver and provide robust reports that show how each integrated marketing tool is functioning as well as website as a whole.

2.2 Term of Contract

If a Contract is awarded, the initial term of the Contract is expected to begin May 23, 2025, or as soon thereafter as practical, and to terminate August 31, 2028. In accordance with the terms of the Contract, the Department has the option, in its sole discretion, to extend the contract for three (3) additional one (1) year periods, one (1) year at a time through August 31, 2028.

A Contract awarded under this RFO, if any, shall incorporate this entire RFO. The Department reserves the right, in its sole discretion, to make a contract award without negotiation of these provisions. In the event the Department requires negotiations with Offerers, any modifications or clarifications agreed to with Successful Offerer during contract negotiations shall also be incorporated into the final, executed Contract. Each Offerer must review these terms and conditions in Exhibit A and otherwise in this RFO and must address any concerns or issues in its transmittal letter. Terms and conditions not specifically objected to in the transmittal letter will be deemed to be accepted by Offerer. The Department has final approval of any contract awarded as a result of this RFO.

2.3 Limitation of Authority

Successful Offerer shall have no authority to act for or on behalf of the Department, or the State of Texas except as expressly provided for in the Contract; no other authority, power, use, or joint enterprise is granted or implied. Successful Offerer may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of the Department or State of Texas.

PART III

GENERAL INFORMATION

http://www.tdhca.state.tx.us/ISPA.htm https://dir.texas.gov/information-security/texas-risk-and-authorization-management-program-tx-ramp https://dir.texas.gov/information-security/texas-risk-and-authorization-management-program-tx-ramp

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3.1 Authority

This RFO is issued pursuant to Chapter 2155, Section 2155.001; Section 403.011; and Chapter 2156, Section 2156.121, of the Texas Government Code; and Chapter 54, Subchapter F, Sections 54.602, 54.618, 54.637, 54.640 and 54.642 and Subchapter H, Sections 54.752. 54.767, 54.770, 54.777 and 54.778, of the Texas Education Code.

3.2 TDHCA Rights

In the best interest of the Department and the State, the Department, in its sole discretion, may amend or modify any provisions of this RFO, or withdraw this RFO at any time prior to award of a Contract. The Department reserves the right, in its sole discretion, to reject any or all submitted Offers or to select one or more qualified Offerers to this RFO without discussion of Offers with the respective Offerers. The decision of the Department, or its designee with regard to the above, shall be administratively final. The Department, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in Offers received. All Offers shall become a part of the Department’s official procurement files and may be available for public inspection upon request after the Procurement process is completed.

3.3 Offerer Obligations

Offerers to this RFO are responsible for any expense related to the preparation and submission of an Offer. The Department shall not pay for any cost that is incurred by Successful Offerer prior to the effective date of the Contract. Qualified firms with the requisite experience are invited to submit Offers in accordance with this RFO. Offers must address all requirements and/or specifications.

3.4 Successful Offerer Obligations

The Department shall look solely to Successful Offerer for performance of the Contract. Successful Offerer shall provide the requested services under the direction of the Department. Successful Offerer shall be the sole point of Contract responsibility. Successful Offerer shall be liable, both individually and severally, for the performance of all obligations under the awarded Contract and shall not be relieved of the non-performance of any subcontractor.

3.5 Schedule of Events

The Department anticipates that the selection of Successful Offerer and execution of the Contract, if any, will proceed according to the following approximate schedule:

April 9, 2025 - Issuance of RFO (after 10:00 a.m. CT)

April 16, 2025 - Deadline for Submission of Questions (2:00 p.m. CT).

April 23, 2025 - Electronic Posting of Official Responses to Questions (or as soon thereafter as practical)

May 09, 2025 - Deadline for Submission of Offers (2:00 p.m. CT) (Late Offers will not be considered) May 23, 2025 - Contract Execution (or as soon thereafter as practical)

May 23, 2025 - Commencement of Work (or as soon thereafter as practical)

The times stated in this document refer to Central Time (“CT”), Austin, Texas, where appropriate. The Department’s regular office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except national and official State of Texas holidays. All deadlines are subject to change at the Department’s sole discretion.

Notices of changes to items directly impacting the original RFO or offer process will be posted on the ESBD at:

http://www.txsmartbuy.com/esbd. Any amendment to this solicitation will be posted as an addendum on the ESBD. It is the http://www.txsmartbuy.com/esbd

332-RFO25-1001 Page 9 of 32 responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting an Offer. Offerer’s failure to periodically check the ESBD for updates will in no way release Successful Offerer from compliance with any requirements in the “addenda or additional information,” even if such compliance results in additional costs to meet the requirements.

3.6 Issuing Office

The Department, through its purchasing section, shall act as and be referred to as the “Issuing Office” and shall be the sole point of contact for this RFO. The Department is the only office authorized to clarify, modify, amend, alter, or withdraw the specifications, terms, and conditions of this RFO and any Contract awarded as a result of this RFO. Upon issuance of this RFO, other employees and representatives of the Department shall not answer questions or otherwise discuss the contents of this RFO with any Offerors or their representatives. Failure to observe this restriction may result in disqualification of any pending or subsequent Offer. This restriction does not preclude discussions unrelated to this RFO or questions relating to completing the Historically Underutilized Businesses (“HUB”) documents required in Section 4.2.M of this RFO.

HUB Coordinator Email: Suzanne.Saucedo@tdhca.texas.gov

Assistant HUB Coordinator

Email: Cheryl.Mathis@tdhca.texas.gov

3.7 Submission of Offers

TDHCA has an e-Procurement Portal that will accept submission of the electronic response to this solicitation.

Submission Instructions are as follows: Respondent shall upload response content using the TDHCA e-Procurement Portal. The link is found at: https://tdhca-texas-gov.bonfirehub.com/portal/?tab=openOpportunities VENDOR REGISTRATION is required prior to submitting your response. Respondents must register in the e-Procurement Portal.

Registration is free and easy! You can vendor register through the Register button in the top right corner.

Vendor Registration will allow Respondents to submit their responses to this solicitation. When registering, have your Texas Vendor ID number, DUNS, and W-9 form ready. If the Texas ID number is unknown, enter the Federal Employer Identification Number. Respondents can modify their submissions until the Response Due Date in the e-Procurement Portal. Emailed, or faxed Responses will not be considered. Interested Respondents are encouraged to register in advance and submit their intent to bid notification (if requested) on the e-Procurement Portal.

This article is helpful if assistance is needed when registering as a vendor: https://vendorsupport.gobonfire.com/hc/en-us/articles/15646869029783-Vendor-Registration

The TDHCA e-Procurement Portal is compatible with the following browsers: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Browser cookies and JavaScript must be enabled on the browser. Submission by other methods will not be accepted. Respondents should contact Bonfire at support@gobonfire.com for technical submission questions or visit Bonfire’s help forum at this link: https://bonfirehub.zendesk.com/hc Support through Bonfire or TDHCA is not guaranteed one hour prior to the submission due date. Interested Respondents are encouraged to begin the submission process one week before the bid due date. This allows time to troubleshoot any submission issues.

3.8 Submission of Questions

All questions or requests for clarification of this solicitation must be submitted in writing through the e-procurement portal, use the “Ask Questions” button in the e-procurement portal. Questions will be collected by the due date specified in Section 3.5. Questions must be submitted no later than the date and time listed in Section 3.5. TDHCA will post all questions and answers as an Addendum to the solicitation on the ESBD no later than the date listed in Section III, Subsection 3.5 above. The Respondent is responsible for viewing these questions and answers in TDHCA e-Procurement Portal. The link is found at: https://tdhca-texasgov.bonfirehub.com/portal/?tab=openOpportunities TDHCA is not required to send a notification email when the Addendum is posted.

mailto:Suzanne.Saucedo@tdhca.texas.gov mailto:Cheryl.Mathis@tdhca.texas.gov https://tdhca-texas-gov.bonfirehub.com/portal/?tab=openOpportunities https://vendorsupport.gobonfire.com/hc/en-us/articles/15646869029783-Vendor-Registration https://vendorsupport.gobonfire.com/hc/en-us/articles/15646869029783-Vendor-Registration mailto:support@gobonfire.com https://bonfirehub.zendesk.com/hc https://tdhca-texasgov.bonfirehub.com/portal/?tab=openOpportunities

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3.9 Confidential Information; Nondisclosure; Open Records

All information gathered, produced, derived, obtained, analyzed, controlled or accessed by Offerer in connection with a contract resulting from this RFO (“Confidential Information”) shall be and remain Confidential Information and shall not be released or disclosed by Offerer without the prior written consent of the Department. Such consent must specifically identify the Confidential Information allowed to be disclosed by Offerer and the nature of the disclosure allowed. Offerer must execute and return with its Offer a Nondisclosure Agreement with the Department, in the form of Exhibit D attached hereto.

Following the award of a Contract, Offers are subject to release as public information unless the Offer or specific parts of the Offer can be shown to be exempt from the Texas Public Information Act. All Offerers are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information disclosed in their Offers. The Department assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Offerers.

If a Offerer believes that any portion of an Offer is confidential, then Offerer must so specify. Offerer must stamp in bold red letters the term “CONFIDENTIAL” on that specific part or page of the Offer that Offerer believes to be confidential.

Offerer must submit in writing specific, detailed reasons, including any relevant legal authority, stating why Offerer believes the material to be confidential. Vague and general claims of confidentiality will not be accepted. The Department will be the sole judge of whether a claim is general and/or vague in nature. All Offers and parts of Offers that are not marked as confidential will be automatically considered public information after the contract is awarded. An Offer resulting in an award may be considered public information even though parts are marked confidential.

In the event the Department receives portions of an Offer marked “CONFIDENTIAL” as specified above, the Department shall forward such request to the Office of the Attorney General of Texas (“Attorney General”) for an opinion on whether such information may be withheld from disclosure under the Texas Public Information Act. The Department will notify Offerer whose Offer is the subject of the request when the information is forwarded to the Attorney General. The Department assumes no obligation for asserting legal arguments on behalf of Offerer. Offerers are advised that the Department is obligated to comply with the decision of the Attorney General, including any decision calling for the release of information marked “CONFIDENTIAL” by a Offerer.

Copyrighted Offers are unacceptable and are subject to disqualification as non-responsive.

3.10 Media Releases

The Department does not endorse any vendor, commodity, or service. Media releases pertaining to this RFO, the Contract, if any, or the Services to which they relate shall not be made without the prior written consent of the Department. The disclosure of the contents of Offers prior to the award of the Contract, if any, or any other violation of this section, may result in disqualification.

3.11 Non-exclusivity

This RFO is not exclusive, and the Department reserves the right to issue additional solicitations regarding the Services described in this RFO or similar services at any time.

3.12 Incorporation of Exhibits

Exhibits A, B, C, D, E, F G and H are attached hereto and incorporated as part of this RFO for all purposes.

3.13 Transition of Services

Upon termination of the Contract for any reason, the contractor shall, in good faith and with reasonable cooperation, aid in the transition to any new arrangement and provider. The Contractor shall deliver to the Department or its’ new contractor all completed, or partially completed, work and any and all documentation or other products and results of these services.

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PART IV

OFFER FORMAT

4.1 Introduction

Each original Offer and copy shall contain a cover sheet with the following: “332-RFO25-1001 Website Manager and Tool Builder” and the name and address of Offerer. Offer pages must be numbered consecutively.

Offers must be organized as described in Section 4.2. Offers not organized in this manner may be subject to disqualification.

Conciseness and clarity of content are required; vague and general Offers may be considered non-responsive, which may result in disqualification of such Offers. Offers must be complete; failure to provide all required information may result in the disqualification of the Offer.

ALL EXHIBITS TO THIS RFO ARE PREPARED EXCLUSIVELY FOR THIS RFO. OFFERER’S SUBMISSION

OF OTHER EXHIBITS OR DOCUMENTS, INCLUDING PRIOR RFO EXHIBITS, MAY RESULT IN

DISQUALIFICATION OF THE OFFER.

4.2 General Organization of Offer Contents

Offers must be organized as follows:

a) Transmittal Letter;

b) Executive Summary;

c) Table of Contents;

d) Offerer Identifying Information;

e) Proposed Subcontractor(s) Identifying Information;

f) Offerer Qualifications and Experience;

g) Proposed Personnel;

h) Offerer Narrative and Preliminary Work Plan;

i) Proposed Fee;

j) Insurance;

k) Financial Statements;

l) Execution of Offer;

m) Historically Underutilized Businesses Subcontracting Plan;

n) Criminal Conviction Certification;

o) Nondisclosure Agreement;

p) Conflict of Interest Statement;

q) Certification Regarding Public Nature of the Offer; and

r) Vendor Reference Questionnaire.

A description of the information required for each of the items listed above is set forth below.

4.2.A Transmittal Letter

Offerer must submit a transmittal letter that identifies the entity submitting the Offer and includes a commitment by that entity to provide the Services required by the Department. The transmittal letter must state that the Offer is valid for one hundred eighty (180) days from the deadline for delivery of Offers to the Department. Any Offer containing a term of less than one hundred eighty (180) days for acceptance from this deadline will be rejected as non-responsive.

The transmittal letter must be signed by a person legally authorized to bind Offerer. Offerer also must indicate in its transmittal letter why it believes it is the most qualified to provide the requisite Services and why it believes its proposed services best meet the Department’s objectives and RFO requirements.

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The transmittal letter must include a statement of acceptance of the terms and conditions located in Exhibit A to the RFO. If a Offerer takes exception to any of the proposed terms and conditions, Offerer must identify the exception(s) specifically and clearly in the transmittal letter and explain both (1) the reason for the requested change and (2) proposed alternative language. Failure to accept the terms and conditions as set forth in Exhibit A may result in disqualification of the Offer.

4.2.B Executive Summary

Offerer must provide an executive summary of its Offer and a representation that the Offer addresses all of the requirements of this RFO. The executive summary must not exceed three (3) pages and must represent a full and concise summary of the contents of the Offer. Offerer must identify any Services that are provided beyond those specifically requested. If Offerer is providing Services that do not meet the specific requirements of this RFO but in the opinion of Offerer are equivalent or superior to those specifically requested, any such differences must be noted in the executive summary. Failure to provide the Services specifically required may result in disqualification of the Offer.

4.2.C Table of Contents

Each Offer must be submitted with a table of contents that clearly identifies and denotes by page number each section of the Offer and the location of all enclosures of the Offer. The table of contents must follow the RFO’s structure as much as possible.

4.2.D Offerer Identifying Information

Offerer must provide the following identifying information:

• name and address of business entity submitting the offer;

• type of business entity (e.g., corporation, partnership, etc.);

• state of incorporation or organization and principal place of business;

• name, address, business telephone number, cell phone number, email address, and fax number of Offerer’s principal contact person regarding the Contract;

• Offerer’s Federal Employer Identification Number (“FEIN” or “EIN”) and Texas Tax Identification/Registration

Number, if any;

• all affiliated companies and subsidiaries, or any joint ventures or other affiliations;

• full name and address for each member, partner, and employee of Offerer (and any subcontractors) who will perform Services;

• detail if Offerer, any predecessor of Offerer, or any member of Offerer been the subject of any disciplinary action by any regulatory agency or professional organization within the last five (5) years;

• detail whether, within the last five years, Offerer, any predecessor of Offerer, or any member of Offerer has been a party to any litigation directly or indirectly related to the conduct of Offerer’s business; and

• indicate whether Offerer, any predecessor of Offerer, or any member of Offerer is currently a party to litigation in process; if so, identify the parties, jurisdiction, case number, and subject matter.

4.2.E Proposed Subcontractor(s) Identifying Information

The Offer must identify any subcontractors and outline the contractual relationship between Offerer and each proposed subcontractor. The Offerer is solely responsible for any proposed subcontractor’s work performed under any contract resulting from this RFO.

4.2.F Offerer Qualifications and Experience

1. Experience

Offerer must include a detailed overview of Offerer’s experience providing the requisite services in its Offer.

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Offerer must demonstrate its knowledge of and experience with activities relevant to the Services. Offerer must provide a detailed profile that describes the following:

(1) the size and scope of all operations, including number of Offerer’s employees and years in business;

(2) the general nature of previous similar work performed by Offerer, particularly work in the last three

(3) years;

(3) Offerer’s depth and length of experience with state agencies;

(4) Offerer’s experience in the required services;

(5) for each proposed subcontractor:

a) the size and scope of all operations, including number of employees and years in business;

b) the general nature of previous similar work performed, particularly work in the last three (3) years;

c) depth and length of experience with state agencies; and

(6) Offerer should also describe any disaster recovery plan in place to maintain business operations; and

(7) any other information Offerer believes is pertinent to this RFO.

2. Cancellations or Terminations

Offerer must list all contracts or purchase orders that Offerer executed or accepted within the last three (3) years and which were canceled or terminated prior to completion by any state agency or other entity with which Offerer contracted. For each such contract or purchase order, Offerer must include a detailed explanation for the cancellation or termination and final resolution of the matter as well as the names and telephone numbers of each such agency's or firm’s contact person. If none, specify none.

4.2.G Proposed Personnel

The Offer must identify all key personnel who are to be part of the proposed team and detail their experience. Offerer must include in the Offer resumes of all management, supervisory, and key personnel that will be involved in performing the Services, and must provide for each person:

• a full name (including full middle name);

• a five (3) year employment history;

• a specific description of relevant experience and skills that person has with the required services, that must include at least three (3) years of experience performing work similar to the required Services (limit to one page);

• professional certifications and licenses, if applicable

• a specific indication of what role the individual will have in this project; and

• any additional pertinent information to indicate the individual's ability to aid Offerer in successfully completing the required Services (limit to one page).

Resumes must present the required personnel information in sufficient detail to provide the Department with a convincing indication that the personnel involved can successfully provide the required Services. The personnel, as identified in the Offer, are considered to be essential to the Services. The Department reserves the right, in its sole discretion, to approve each member of the team and to request substitutions. All replacements of personnel must be of equal or superior experience or skill as the person replaced.

4.2.H Offerer Narrative and Preliminary Work Plan

In its Offer, Offerer must submit a narrative explanation of how the offered services will meet the requirements of this RFO. In its narrative, Offerer may also concisely describe any additional features, aspects, or advantages of its services in any relevant area not covered elsewhere in its Offer, such as why and how your firm is uniquely positioned to serve this RFO.

4.2.I Proposed Fee

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The Department is soliciting offers to procure the Services for a firm, fixed price. Offerers are encouraged to propose their best pricing at all times. Offerer must include all costs of providing the Services on a price sheet similar in format to the price sheet located in Attachment D (Authorized Personnel and Compensation) to Exhibit A. All costs and expenses associated with the Services, including attendance at, and participation in, all meetings as requested by the Department, must be included on the proposed price sheet. Variable costs such as travel-related expenses must not be added as line items on the price sheet. The Department reserves the right to negotiate budget and budgetary constraints at the time of contract award. Any Contract resulting from this RFO shall include a total not-to-exceed fee for all costs associated with providing the Services.

4.2.J Insurance

Offerer must provide a statement of its intent to obtain and maintain for the term of the Contract the minimum insurance and bond coverage specified in the RFO, if applicable. Offerer should also describe insurance and bond coverage maintained by Offerer in the ordinary course of business and provide proof of same in its Offer. Proof of insurance and bond coverage may be provided in the form of current certificates of insurance.

4.2.K Financial Statements

Not required for this solicitation

4.2.L Execution of Offer

Exhibit B must be completed and signed by Offerer.

4.2.M Historically Underutilized Businesses Subcontracting Plan

The State of Texas and the Department are committed to assisting Historically Underutilized Businesses (HUBs) through the procurement process. In accordance with Sections 2161.181 and 2161.182, Texas Government Code, each state agency shall make a good faith effort to increase the contract awards for the purchase of goods or services to HUBs based on rules adopted to implement the disparity study described by Section 2161.002(c), Texas Government Code. In accordance with Section 2161.252, Texas Government Code and 34 Texas Administrative Code §20.285, each state agency (including institutions of higher education) as defined by Section 2151.002, Texas Government Code that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. If subcontracting opportunities are probable, each state agency’s invitation for bids or other purchase solicitation documents for construction, professional services, other services, and commodities with an expected value of $100,000 or more shall state that probability and require a HUB Subcontracting Plan (HSP) and supporting documentation on Exhibit H.

The HUB goals per 34 Texas Administrative Code §20.284 are: 11.2% for heavy construction other than building contracts;

21.1% for all building construction, including general contractors and operative builders contracts; 32.9% for all special trade construction contracts; 23.7% for professional services contracts; 26.0% for all other services contracts; and 21.1% for commodities contracts.

The Department has determined that this procurement falls under the following category:

Special Trade Construction ___ Professional Services Other Services X Commodities ___

The Department has determined that HUB subcontracting opportunities are probable and requires Offerers to complete the HSP form located at: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php. The HSP form is also posted to the ESBD as a separate package under this RFO. The Department has identified the possible subcontracting opportunities on the “Agency Special Instructions/Additional Requirements” portion of the State of Texas HUB HSP form set forth in the following chart. The class and item codes for this RFO are as follows: Class 946, Item 12.

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

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Offerer must carefully review, complete and return all HUB forms, as required by this Section.

4.2.N Criminal Conviction Certification

Exhibit C must be completed and signed by Offerer.

4.2.O Nondisclosure Agreement

Exhibit D must be completed and signed by Offerer.

4.2.P Conflict of Interest Statement

The Conflict of Interest Statement must be prepared, signed by Offerer, and returned with the Offer as Exhibit E.

In its Offer, a Offerer must represent and warrant to the Department that it and each of its subcontractors have the requisite resources, qualifications, and independence to conduct the Services free from outside direction, control, or influence, and subject only to the accomplishment of the Department’s objectives. Offerers that cannot make this representation and warranty should not respond to this RFO.

- - Agency Special Instructions/Additional Requirements - -

The Texas Department of Housing and Community Affairs is committed to increasing contracting opportunities with HUBs by contracting directly with HUBs or indirectly through subcontracting opportunities in compliance with Chapter 2161 of the Texas Government Code.

If a bid/proposal/offer to a solicitation with an expected value of $100,000 or more does not contain a completed HSP and supporting documentation, the bid/proposal/offer will be considered non-responsive and will be disqualified. After contract award, Successful Offerer may be subject to debarment pursuant to Section 2161.253(d) of the Texas Government Code if any modifications are made to the HSP without PRIOR approval from the Department.

For assistance in completing the HSP, Offerer may visit the following website:

https://comptroller.texas.gov/purchasing/vendor/hub/. If any questions, the Offerer may contact the person identified in Part III Section 3.6.

If Offerer is not subcontracting any portion of the contract, Sections 1, 2(a), 3 and 4 must be completed.

If Offerer is subcontracting some portion of the contract, the supporting documentation of “Good Faith Effort” must be demonstrated in either Method A (Attachment A) or Method B (Attachment B).

The Texas Department of Housing and Community Affairs requests all Offerers to consider utilizing HUBs in subcontracting areas that are listed below; however, this list should not be considered exhaustive.

Class Item Description 946 12 Actuarial Services

In accordance with 34 TAC §20.285(d)(1)(D)(iii), a Offerer (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of Offerer’s subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a Offerer uses this method to demonstrate good faith effort, the Offerer must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to satisfy this requirement, only contracts that have been in place for five years or less shall qualify for meeting the HUB goal.

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

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Offerer must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to the submission of an Offer from Offerer and its possible selection as Successful Offerer, or its performance or the performance of its proposed subcontractor(s).

As part of this disclosure requirement, each Offerer must include in its Offer all past and present contractual, business, financial or personal relationships between Offerer and the Department and between Offerer’s proposed subcontractors, if any, and the Department. For purposes of this disclosure requirement, (i) “past” is defined as within the two (2) calendar years prior to the deadline for submission of Offers; (ii) the “Department” is defined as the agency as well as the agency’s employees or recent former employees; and (iii) “recent former employees” are defined as those Department employees who have terminated agency employment within the two (2) calendar years prior to the deadline for submission of Offers.

For each item, Offerer must provide a detailed explanation of why Offerer does or does not believe such item poses a conflict of interest, potential conflict of interest, or appearance of impropriety issue relative to Offerer’s submission of an Offer, possible selection as Successful Offerer or its performance of the Contract.

For purposes of this RFO, “personal relationship” is defined as a current or past connection other than a clearly contractual, business, financial, or similar relationship and includes family relationships or other connections other than simply providing a response to this RFO. For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity. Chapter 573 of the Texas Government Code 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 Offerer’s independence of judgment or effectiveness in the performance of Offerer’s responsibilities to the Department or the State of Texas under the Contract. Connections also fall within this definition if a reasonable person could expect the connection, within the overall context of Offerer’s submission of an Offer, possible selection as Successful Offerer, or its performance of the Contract, to create an issue for the agency’s consideration relative to a potential appearance of impropriety or conflict of interest. Connections also fall within this definition if the relationship is with the Department or other State of Texas employee with authority to make decisions or recommendations on State of Texas contracting or procurement or this RFO. For purposes of this provision, those persons with authority to make decisions or recommendations are those persons who fall within the definition of “purchasing personnel” in Section 2262.004(a)(2) of the Texas Government Code.

In submitting an Offer, a Offerer affirms that it has not given, nor does it intend to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or any employee or representative of same, in connection with this procurement.

Offerers must disclose any proposed personnel under the Contract who are current or recent former employees of the Department or the State of Texas. Recent former employees are defined above.

Also, under Section 2254.033 of the Texas Government Code, an individual who offers to provide consulting services to the Department and who has been employed by the Department or another agency at any time during the two years preceding submitting the offer shall disclose in its offer: (i) the nature of the previous employment with the Department or the other agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination.

Disclosures under these provisions will be evaluated by the Department. However, all information provided will not necessarily lead to a restriction or disqualification. Issues will be considered on a case-by-case basis in the best interests of the State of Texas. If a Offerer is in doubt about whether information should be disclosed, Offerer should consult its legal counsel. Failure to disclose any required information under these provisions may be cause for Offer disqualification or termination of the contract, if any, awarded as a result of this RFO. The Department reserves the right, in its sole discretion, to determine if an issue should result in Offer disqualification or termination of the Contract. If circumstances change or additional information is obtained subsequent to submission of Offers, Offerer’s duty to disclose under these provisions continues under the term of the Contract and does not end with submission of an Offer or receipt of Contract award.

4.2.Q Certification Regarding Public Nature of the Offer

Exhibit F must be completed and signed by Offerer.

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4.2.R Vendor Reference Questionnaire

Offerers must send the Vendor Reference Questionnaire (Exhibit G) to three (3) companies or government agencies.

Instructions are included on the questionnaire. Offerers may send the questionnaire to references via email. The Department is not responsible for undeliverable e-mails or for non-responsive references. Offerers’ references will be evaluated in accordance with Section 5.2 (Selection Criteria) and 5.3 (Past Performance). Include all requested information in the top portion of the questionnaire. References must respond to the Department on the form provided by the due date provided in Section 3.5 (Schedule of Events) to be considered in Offer evaluation. The questionnaire form must be submitted directly from the references to the Department. Offerers shall not submit the reference form to the Department. References may be contacted for clarification at the Department’s discretion.

PART V

OFFER EVALUATION AND SELECTION

5.1 Evaluation Process

The Department shall establish an Evaluation Committee. Copies of Offers the Department determines are responsive and…