ESBD_409333_1744229944983_RFO_TTA ESBD Final Draft 04-08-25.pdf

332-RFO25-1000 Page 1 of 34

Texas Department of Housing and Community Affairs

Request for Offer 332-RFO25-1000 for

Training, Certification and Licensure Management Software Platform By Texas Department of Housing and Community Affairs

Anticipated Schedule of Events Date RFO Issuance: April 09, 2025 Written Questions Due: April 16, 2025 at 2PM CT Response to Questions Post: April 23, 2025 or as soon as practical thereafter Offers Due: May 09, 2025 at 2PM CT Oral Presentation/Demonstration May 12-16, 2025 Contract Execution: May 23, 2025, or as soon as practical thereafter Commencement of Work: May 23, 2025, or as soon as practical thereafter

332-RFO25-1000 Page 2 of 34

TABLE OF CONTENTS

PART I GENERAL INFORMATION

1.1 Introduction

1.2 Background

1.3 Definitions and Acronyms

Capitalized terms used in this RFO shall have the meanings specified in this Section 1.3 of this RFO, unless the context clearly requires otherwise. Certain additional terms may be defined elsewhere in this RFO

PART II SCOPE OF WORK

2.1 General

2.2 Term of Contract

2.3 Limitation of Authority

PART III GENERAL INFORMATION

3.1 Authority

3.2 TDHCA Rights

3.3 Offeror Obligations

3.4 Successful Offeror 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 Offeror’s Past Performance

5.4 Protest Procedures

EXHIBIT A TERMS AND CONDITIONS

UPLOADED AS A SEPERATE DOCUMENT

EXHIBIT B EXECUTION OF OFFER

EXHIBIT D CONFLICT OF INTEREST STATEMENT

EXHIBIT E

CERTIFICATION REGARDING PUBLIC NATURE OF THE OFFER

EXHIBIT F NONDISCLOSURE AGREEMENT

EXHIBIT G HUB SUBCONTRACTING PLAN

UPLOADED AS A SEPARATE DOCUMENT

332-RFO25-1000 Page 3 of 34

EXHIBIT H VENDOR REFERENCE QUESTIONNAIRE

332-RFO25-1000 Page 4 of 34

PART I

GENERAL INFORMATION

1.1 Introduction

The Texas Department of Housing and Community Affairs (“TDHCA” or the “Department”) was created pursuant to Chapter 762, Acts of the Seventy-Second (72nd) Legislature of the State of Texas, Regular Session, 1991, as designated in Chapter 2306 of the Texas Government Code in part to increase the supply of affordable housing for low- and moderate-income Texans.

TDHCA is governed by a seven (7)-member Board appointed by the Governor with the advice and consent of the Senate serving staggered six-year terms with the terms of two (2) or three (3) Members expiring on January 31 of each odd-numbered year. Members may be re-appointed.

As a result of this Request for Offer (“RFO”), the Department anticipates executing a contract with the Successful Offeror (as herein defined) to perform the Services (as defined herein) 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 Offeror, as an independent contractor, shall provide Services under the Contract, at its facilities and with its own personnel.

1.2 Background

Pursuant to Chapter 2306 of the Texas Government Code, 2 CFR Part 200 (as amended by 2 CFR Part 910 or 2 CFR Part 300 as applicable), including Appendix II, the Department is requesting offers to provide a Training, Certification and Licensure Management Software Platform (the “Platform”) capable of the administration, documentation, tracking, reporting, automation, and delivery of educational courses, training and certification programs, and other online learning materials. The Platform must be an existing system, fully developed and deployed, and already in use by another statewide provider of Department of Energy (“DOE”) Weatherization Assistance Program (“WAP”) funds and services. The training content required consists primarily of DOE weatherization related training, but with the possible future development of other training materials related to the Comprehensive Energy Assistance Program (“CEAP”) and the Community Services Block Grant (“CSBG”) programs. The targeted audience for the training is the Department’s staff and the staff of the Department’s subrecipients that receive program funds from the Department’s Community Affairs Division which include community action agencies, limited-purpose agencies, and units of local government. Organizations benefiting from the Platform will be subrecipient organizations receiving WAP contracts from the Department, with future consideration of expanding to include CEAP and CSBG organizations. The Department’s contact after execution of any Contract shall be the Department’s Community Affairs Manager of Technical Assistance and Training (“TAT Manager”).

In November 2021, TDHCA learned that it would be awarded DOE WAP funds through the Bipartisan Infrastructure Law for weatherization efforts throughout the state. A portion of this funding can be directed to training the Department’s weatherization subrecipients to maintain required DOE certifications as well as to maintain standardized skills in the subrecipient weatherization workforce to ensure that proper weatherization techniques are being used. Initially, training content will be geared towards DOE WAP, but may extend into other program areas as well (e.g., CSBG, CEAP). With a Platform, the Department will be able to provide and track e-learning of the staff of its subrecipients enhancing the overall learning process of the Department’s Community Affairs programs, thereby making the delivery of its services more effective.

1.3 Definitions and Acronyms

Capitalized terms used in this RFO shall have the meanings specified in this Section 1.3 of this RFO, unless the context clearly requires otherwise. Certain additional terms may be defined elsewhere in this RFO.

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

B. Licensed Software. The version of the software application(s), in object code form, provided under a contract resulting from this RFO, and any released software upgrades, Software Updates, Software Enhancements/Releases, Software Patches/Fixes, error corrections, and customizations of such version.

C. Offer. The proposal submitted by an Offeror in response to this RFO that is in compliance with the terms herein.

332-RFO25-1000 Page 5 of 34

D. Offeror(s). A person or entity submitting an Offer to the Department in response to this RFO.

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

F. 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 Offeror’s performance under any Contract resulting from this RFO.

G. 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 Software Update.

H. 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.

I. Successful Offeror. The Offeror selected by the Department for a Contract award to perform the Services and create the Platform described herein.

PART II

SCOPE OF WORK

2.1 General

The Successful Offeror 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 Offeror in a 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 (1) of the top Offerors. The Department may choose to award this solicitation to more than one (1) Offeror.

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

2.1.1 General Requirements

The purpose of this RFO is to identify a Platform that will provide web-based training, and associated tracking and certification of that training, for the staff of the Department’s subrecipients. The Department is looking for a solution with the following capabilities:

A. An existing, fully developed, and deployed Platform already in use by another statewide administrator and provider of WAP funds, and is already being used to train current DOE WAP providers.

B. A Platform that will deliver training content to the staff of the Department and its subrecipients.

C. A Platform that will implement a completion logic for awarding badges/certificates.

D. A Platform that hosts existing (already created) high quality training videos and quiz content aligned with DOE and National Renewable Energy Laboratory (“NREL”) weatherization standards and requirements.

E. A Platform that uses a streamlined training process with a training calendar which can be shared with learners, trainers, and administrators.

332-RFO25-1000 Page 6 of 34

F. Training content must be delivered to users with supporting reference materials and learning tools.

G. A Platform with the ability to deliver engaging training to multiple users from a centralized source. The training needs to meet all DOE standards for certification.

H. A Platform with the ability for users to register for multiple courses.

I. A Platform with tracking and reporting tools so that the Department, subrecipients, and users can track progress, and records reviewed. Management, as well as the users, should be able to access records and identify areas of needed improvement. Reporting should not only provide individual statistics to track user progress, but also trends and overview information to evaluate the overall performance of the system and its ability to meet Department goals.

J. A Platform with reporting capabilities for both internal administrators (TDHCA staff) and external users to evaluate course participation, in-progress courses, course completion, and provide summarized report information for evaluation.

K. A Platform in which content and information can be easily upgraded, and all users get access to the same upgraded information at the same time.

L. A Platform that is scalable and in which content can be created or ordered by the Department and implemented or developed by the Platform host. As mentioned earlier, all weatherization content must be ready to deploy at the time of contracting and meet DOE WAP requirements and standards.

M.A Platform that is easy to use for new and experienced users, with help and tutorial features built into the system.

N. A Platform that provides an interactive environment with users able to obtain answers to questions within twenty-four

(24) hours.

O. A Platform that allows video content to be uploaded/embedded into courses by either the Offerer or Department staff in collaboration with one another.

P. Video files created for training must be reviewed and approved by Department staff before they are made available on the Platform.

Q. A Platform that allows the creation of interactive quizzes related to course content by either the Offerer or Department staff in collaboration with one another.

R. A Platform that delivers training videos on-demand.

S. A Platform with the ability to send messages/notifications through the system so that users and trainers can send reminders of upcoming training and events.

T. A Platform that maintains user’s training records (transcripts), performance of the users (quiz and test scores) and provide certificates/badges to those who have completed training and testing (if required) successfully.

U. All weatherization training content must:

1. Be in alignment with the current TDHCA Quality Work Plan.

2. Meet Interstate Renewable Energy Council (“IREC”) accredited specific or comprehensive weatherization training requirements, as outlined in DOE Weatherization Program Notice 22-4, as applicable.

3. Meet current Texas Standard Work Specifications (“SWS”) requirements, as applicable, for all different geographic zones of Texas.

4. Cover current NREL Job Task Analysis (“JTA”) for:

i. Single Family and Multi-Family Quality Control Inspector

ii. Single Family and Multi-Family Energy Auditor

iii. Single Family Crew Leader

iv. Multifamily Retrofit Project Manager (as applicable)

332-RFO25-1000 Page 7 of 34

v. Multifamily Retrofit Building Operators (as applicable)

vi. Any new/additional Building Performance Industry (“BPI”) related certifications, if/as applicable.

V. All training must be submitted by the Offerer to the TAT Manager for approval.

W.If the Offeror believes that there may be unanticipated delays in providing the system or specific training modules within the scheduled timeframe described in Section 3.5 of this RFO, the Offeror is required to contact the T&TA Manager in writing with a reason for the delay and the proposed revised schedule prior to the deadline being missed.

2.1.2 Software Platform Requirements

Offerors are expected to provide the Services as required and to assign experienced professionals who are best suited to respond appropriately to the following requirements:

A. The Offeror will provide a Platform that will be securely hosted and maintained by the Offeror to keep the Platform up to date with security fixes by applying software patches when necessary.

B. The Offeror will provide an administrative guide for internal TDHCA staff on how to use and administer the system and a user guide for external customers (subrecipients and users). The Offeror will also provide the user guide on the Platform website.

C. The Offeror must provide a service for ongoing maintenance, support, and enhancements to the Platform, which must include timely system modifications to ensure compliance with applicable federal or state requirements as they change over time. System modifications include changes to data entry screens, database fields, system validations, reports, or any other feature delivered by the Offeror as part of the Platform.

D. 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.

E. 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.

F. The Offeror must ensure the Platform meets the following web browser and Secure Sockets Layer (“SSL”) requirements:

1. Can be accessed through modern web browsers, including the latest versions of Edge, Chrome, Safari, and Firefox;

2. Is accessible only through encrypted, SSL connections (https / port 443) with a certificate signed by a trusted third-party service provider such as VeriSign, DigiCert, or GoDaddy; and

3. Built using modern website design technology, such as a Content Management System (“CMS”), to ensure responsive design so that the Platform can be accessed using mobile devices such as smartphones and tablets.

G. The Offer must ensure the Platform includes a user authentication and account management module through which TDHCA can create accounts, assign passwords, and manage system roles (teacher and student levels of access). TDHCA should be able to enforce password complexity, history, length, and expiration polices through this module. Although not required, preference will be given to the ability of the authentication mechanism to synchronize with Lightweight Directory Access Protocol (“LDAP”) based technologies for Single Sign On (“SSO”).

H. In its response, the Offeror will also provide its standard Service Level Agreement (“SLA”) policies, in which items such as system availability/uptime and customer support policies and procedures are defined.

332-RFO25-1000 Page 8 of 34

I. All videos produced under the Contract must include closed captioning, as required by TDHCA and State of Texas’s accessibility standards. The State of Texas’s accessibility standards can be found in Texas Administrative Code (“TAC”) Chapter 206, Subchapter B, Rule §206.50 (https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=2&p_dir=N&p_rloc=155449&p_tloc=&p_ploc=1 &pg=3&p_tac=187575&ti=1&pt=10&ch=206&rl=50).

J. Any training content should be able to report engagement and usage metrics; at minimum reporting the number of views, including views from distinct IP addresses, as well as basic registration information like an email address and a description of which organization or job the registrant works in.

2.1.3 Report and Meeting Requirements

A. The Offeror is required to provide quarterly status reports as further described by TDHCA.

B. The Offeror is required to meet with the TAT Manager virtually at least quarterly on the status of the Platform or any training content requested.

C. The progress reports shall provide the status of all Services performed and completed and shall present the Services yet to be performed.

D. The progress report shall identify any problems encountered with an explanation of the cause and resolution of the problem or how the problem will be resolved.

E. The Offeror will be responsible for conducting status/update meetings with the TAT Manager as necessary. The meetings will be held at a time and place so designated by the TAT Manager. The meetings can be virtual or over the phone.

2.2 Term of Contract

The Contract shall become effective on the date signed by the appropriate procurement official and shall terminate on the date specified in the award notice. The original term of the Contract will be for twenty-four (24) months. The Contract may be renewed, in the Department’s sole discretion, by a renewal letter signed by the authorized procurement official, delivered prior to the expiration of the current Contract, stating the new Contract expiration date, provided it is signed by the Offeror representative by the date of the original contract, renewal, or extension termination date and promptly returned to the Department. Renewal options may be granted for a period of no more than one (1) year at a time, and for no more than four

(4) consecutive renewal periods. The Successful Offeror will be paid only upon completion of the Services once an invoice has been received by the Department in accordance with the terms of Section 4.2.I of this RFO. No mid-project payments will be made. The Offeror will not be paid for performance rendered after the Contract expires unless the Contract is renewed prior to the expiration of the Contract.

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 Offerors, any modifications or clarifications agreed to with the Successful Offeror during contract negotiations shall also be incorporated into the final, executed Contract. Each Offeror must review the Terms and Conditions in Exhibit A attached hereto and otherwise in this RFO; if the Offeror has any concerns with their ability to fully perform on all terms and conditions they must identify and address those concerns or issues in their response transmittal letter. Terms and Conditions not specifically objected to in the transmittal letter will be deemed to be accepted by the Offeror. The Department has final approval of any Contract awarded as a result of this RFO.

2.3 Limitation of Authority

The Successful Offeror 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. The Successful Offeror may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of the Department or State of Texas.

332-RFO25-1000 Page 9 of 34

PART III

GENERAL INFORMATION

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 of Texas, 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 (1) or more qualified Offerors to this RFO without discussion of Offers with the respective Offerors. 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 Offeror Obligations

Offerors 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 Offeror prior to the effective date of the awarded 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 detailed in this RFO.

3.4 Successful Offeror Obligations

The Department shall look solely to the Successful Offeror for performance of the Contract. The Successful Offeror shall provide the requested Services under the direction of the Department. The Successful Offeror shall be the sole point of Contract responsibility. The Successful Offeror 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 the Successful Offeror and execution of the Contract, if any, will proceed according to the following approximate schedule:

Anticipated Schedule of Events Date

April 09, 2025 Issuance of RFO (after 10:00 a.m.).

April 16, 2025 Deadline for submission of questions (2:00 p.m.).

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.).

(Late Offers will not be considered).

May 12-16, 2025 Oral Presentation/Demonstration 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 RFO 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 Electronic State Business Daily (“ESBD”) at: http://www.txsmartbuy.com/esbd. Any amendment to this RFO will be posted as an addendum on the ESBD. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting an Offer. Offeror’s failure to periodically check the ESBD for updates will in no way release the

332-RFO25-1000 Page 10 of 34

Successful Offeror from compliance with any requirements in the “addenda or additional information,” even if such compliance results in additional costs to meet the requirements.

A request for a revised schedule must be reviewed and approved by the TAT Manager before placed in effect. Contract terms and conditions may dictate remedies, costs, and other related actions.

The TAT Manager will complete a review of each submitted deliverable within ten (10) working days from the date of receipt.

The completion of the training content must be within three (3) months of the written request.

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 Question” button in the e-procurement portal Bonfire. 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, 332-RFO25-1000 Page 11 of 34

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-texas-gov.bonfirehub.com/portal/?tab=openOpportunities TDHCA is not required to send a notification email when the Addendum is posted.

3.9 Confidential Information; Nondisclosure; Open Records

All information gathered, produced, derived, obtained, analyzed, controlled, or accessed by Offeror 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 the Offeror without the prior written consent of the Department. Such consent must specifically identify the Confidential Information allowed to be disclosed by Offeror and the nature of the disclosure allowed. Offeror 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, Chapter 552 of the Texas Government Code (“Texas Public Information Act”). All Offerors 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 Offerors.

If the Offeror believes that any portion of an Offer is confidential, then the Offeror must so specify. The Offeror must stamp in bold red letters the term “CONFIDENTIAL” on that specific part or page of the Offer that the Offeror believes to be confidential. The Offeror must submit in writing specific, detailed reasons, including any relevant legal authority, stating why the Offeror 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 a Contract 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, and if such portions of the Offer are responsive to a public information request made to the Department, 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 the Offeror 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 the Offeror. Offerors 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 the Offeror.

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 3.10, 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, and F 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 Successful Offeror shall, in good faith and with reasonable cooperation, aid in the transition to any new arrangement and provider. The Successful Offeror 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 the Services.

332-RFO25-1000 Page 12 of 34

PART IV

OFFER FORMAT

4.1 Introduction

Each original Offer and copy shall contain a cover sheet with the following: “332-RFO25-1000 Training, Certification and Licensure Management Software Platform and the name and address of the Offeror. Offer pages must be numbered consecutively.

Offers must be organized as described in Section 4.2 of this RFO. 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. Offeror Identifying Information;

E. Proposed Subcontractor(s) Identifying Information;

F. Offeror Qualifications and Experience;

G. Proposed Personnel;

H. Offeror 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 in the below Sections.

4.2.A. Transmittal Letter Offeror 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 the Offeror. The Offeror 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 the requirements of this RFO.

The transmittal letter must include a statement of acceptance of the terms and conditions located in Exhibit A attached hereto. If the Offeror takes exception to any of the proposed terms and conditions, the Offeror 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

332-RFO25-1000 Page 13 of 34 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 The Offeror 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. The Offeror must identify any Services that are provided beyond those specifically requested. If the Offeror is providing services that do not meet the specific requirements of this RFO but in the opinion of the Offeror 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 this RFO’s structure as much as possible.

4.2.D. Offeror Identifying Information Offeror must provide the following identifying information:

A. Name and address of the Offeror;

B. Names of all principals of the Offeror;

C. Type of business entity (e.g., corporation, partnership, etc.) of Offer;

D. State of incorporation or organization and principal place of business of the Offeror;

E. Name and location of Texas offices, other major offices, and other facilities that relate to the Offeror’s performance under this RFO;

F. Name, address, business telephone number, cell phone number, email address, and fax number of the Offeror’s principal contact person regarding the Contract;

G. Offeror’s Federal Employer Identification Number (“FEIN” or “EIN”) and Texas Tax Identification/Registration

Number, if any;

H. All affiliated companies and subsidiaries, or any joint ventures or other affiliations of Offeror;

I. Full name and address for each member, partner, and employee of the Offeror (and any subcontractors) who will perform the Services;

J. Details indicating whether the Offeror, any predecessor of the Offeror, or any member of the Offeror has been the subject of any disciplinary action by any regulatory agency or professional organization within the last five (5) years;

K. Details indicating any firm ownership changes which have occurred in the last five (5) years, including changes pending;

L. Details indicating whether, within the last five (5) years, the Offeror, any predecessor of the Offeror, or any member of the Offeror has been a party to any litigation directly or indirectly related to the conduct of the Offeror’s business;

and

M. Details indicating whether the Offeror, any predecessor of the Offeror, or any member of the Offeror 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 the Offeror and each proposed subcontractor. The Offeror is solely responsible for any proposed subcontractor’s work performed under any contract resulting from this RFO.

4.2.F. Offeror Qualifications and Experience A. Experience: The Offeror must include a detailed overview of the Offeror’s experience providing the requisite

Services outlined in Part II of this RFO. The Offeror must demonstrate its knowledge of and experience with activities relevant to the requirements listed in 2.1.1, 2.1.2, and 2.1.3 of this RFO. Additionally, the Offeror must provide a detailed profile that describes the following:

1. The size and scope of all operations, including the number of the Offeror’s employees and years the Offeror has been in business, including the Offeror’s expertise in DOE WAP training content production and certifications;

332-RFO25-1000 Page 14 of 34

2. Offeror’s experience in the required Services including recent projects (within the past 3 years) of similar size and scope in the public sector, specifically state and local government, specifying which other states the Offeror is providing similar services in, specifically including DOE WAP services;

3. For each proposed subcontractor:

i. the size and scope of all operations, including number of employees and years in business;

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

iii. depth and length of experience with state agencies; and

4. The Offeror should also describe any disaster recovery plan in place to maintain business operations; and

5. Any other information the Offeror believes is pertinent to this RFO.

B. Cancellations or Terminations. The Offeror must list all contracts or purchase orders that the Offeror 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 the Offeror contracted. For each such contract or purchase order, the Offeror 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 relevant to the requirements set forth in Part II of this RFO. The Offeror 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. A full legal name (including full middle name);

B. A five (5) year employment history;

C. A specific description of relevant experience (providing DOE WAP training and certification content) and skills each person has with the required Services, which must include at least three (3) years of experience performing work similar to the required Services (limited to one (1) page per person);

D. Professional certifications and licenses (e.g., quality control inspector, BPI related certifications, energy auditor), as applicable;

E. A specific indication of what role the individual will have in this project; and F. Any additional pertinent information to indicate the individual's ability to aid the Offeror in successfully completing the required Services (limited to one (1) page per person).

In addition, the Offeror must provide an organizational chart indicating lines of authority, names, titles, and functions of individuals responsible for the Services.

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. Offeror Narrative and Preliminary Work Plan The Offeror’s must provide a preliminary work plan and methodology for providing the requested Services, as outlined in Part II of this RFO. In its Offer, the Offeror must submit a narrative explanation of how the offered Services will meet the requirements of this RFO. In its narrative, the Offeror may also concisely describe any additional features, aspects, or advantages of its services in any relevant area not covered elsewhere in its Offer.

4.2.I. Proposed Cost The Department is soliciting offers to procure the Services at a reasonable cost. Offerors are encouraged to propose their best pricing at all times and provide a thorough breakdown of pricing, including any assumptions and exclusions. The Offeror shall provide a cost structure which should include (a) initial one-time implementation fee, (b) ongoing annual costs (technical support, maintenance, updates, upgrades, etc.) for the Platform, (c) individualized development of training content, whether hourly rate or per topic, etc., and (d) general hourly rate for work on the Platform to cover any other possibilities.

332-RFO25-1000 Page 15 of 34

4.2.J. Insurance The Offeror 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. The Offeror should also describe insurance and bond coverage maintained by the Offeror in the ordinary course of business and provide proof of the 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 In its Offer, the Offeror, and its parent company, if applicable, must provide evidence of financial stability by providing audited financial statements for each of the last two (2) years of the Offeror’s operations or, in the alternative, financial statements compiled, reviewed, and attested by an independent certified public accountant or certified public accounting firm.

In lieu of providing financial statements in its Offer, the Offeror may provide a statement regarding the Offeror’s financial stability and viability to perform under any resulting Contract. If the Offeror elects this approach rather than audited financial statements, the Offeror must submit a statement, with appropriate supporting documentation, sufficiently detailed to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this RFO.

4.2.L. Execution of Offer Exhibit B attached hereto must be completed and signed by the Offeror.

4.2.M. Historically Underutilized Businesses Subcontracting Plan The State of Texas and the Department are committed to assisting HUBs through the procurement process. In accordance with Sections 2161.181 and 2161.182 of the 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) of the Texas Government Code. In accordance with Section 2161.252 of the Texas Government Code and 34 TAC §20.285, each state agency (including institutions of higher education), as defined by Section

2151.002 of the Texas Government Code, that considers entering into a contract with an expected value of $100,000.00 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 $100,000.00 or more shall state that probability and require a HUB Subcontracting Plan (“HSP”) and supporting documentation.

The HUB goals (per 34 TAC §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 Offerors 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.

332-RFO25-1000 Page 16 of 34

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

4.2.N. Criminal Conviction Certification Exhibit C attached hereto must be completed and signed by the Offeror.

4.2.O. Nondisclosure Agreement Exhibit F attached hereto must be completed and signed by the Offeror.

4.2.P. Conflict of Interest Statement A conflict of interest statement must be prepared, signed by the Offeror, and returned with the Offer as detailed in Exhibit D attached hereto.

In its Offer, the Offeror must represent and warrant to the Department that it and each of its subcontractors have the requisite resources, qualifications, and…