ESBD_416630_1746645583713_RFP 739-SL3696175 Collection Services - Student Business Services v5..pdf

739-SL3696175

solicitations@ttuhsc.edu Page 1 of 38 DOC1643828-002

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REQUEST FOR PROPOSALS

Collection Services

Student Business Services Collection of Delinquent Federal Loan Accounts (including but not limited to Perkins and HPSL), Delinquent Institutional Loan Accounts, and Delinquent Tuition and Fee Receivables – TTUHSC Student Business

Services

RFP 739-SL3696175

Due Date: June 6, 2025

Proposals must be time stamped by the Texas Tech University Health Sciences Center Purchasing Office before the hour and date specified for receipt of solicitation.

Pursuant to the provisions of Texas Government Code Title 10 Subtitle D Chapter

2156.121 - 2156.127, General Services Act rules and regulations adopted there under, sealed proposals will be received until the date and time established for receipt. After receipt, only the names of proposers will be made public. Prices and other proposal details will only be divulged after the award, if one is made.

http://www.ascnet.com/ http://www.ttuhsc.edu/abilene/ http://www.ttuhsc.edu/amarillo/ http://www.ttuhsc.edu/lubbock/ http://www.ttuhsc.edu/odessa/ solicitations@ttuhsc.edu Page 2 of 38 DOC1643828-002

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SUBMITTAL

CHECKLIST

Due Date: June 6, 2025

Request Number: RFP 739-SL3696175

Vendor Name:

Contact Name:

Phone Number:

Contact E-Mail:

Check-off

1. ___ Signed and Completed Execution of Offer (ref Appendix B).

2. ___ Signed and Completed HUB Subcontracting Plan (ref Appendix C).

3. ___ Signed and Completed Addenda Checklist (ref Appendix D).

4. ___ Responses to questions and requests for information in the Specifications and Scope of Work Section (ref Section 5).

5. ___ Signed and Completed Pricing Schedule (ref Section 6).

6. ___ Deliver Proposal to:

TTUHSC prefers that all proposals be submitted using the TechBid system (https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech).

Or Mailed To:

Texas Tech University Health Sciences Center Purchasing Office 3601 4th Street STOP 6217 Lubbock, Texas 79430 http://www.ascnet.com/ https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech solicitations@ttuhsc.edu Page 3 of 38 DOC1643828-002

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TABLE OF CONTENTS

Section 1: General Information

1.1 Introduction

1.2 Description of Texas Tech University Health Sciences Center

1.3 Group Purchase Authority

1.4 TTUHSC’s Right to Reject

1.5 Public Information

1.6 Inquiries and Interpretations

Section 2: Notice to Proposer

2.1 Submittal Deadline

2.2 TTUHSC Contact Person

2.3 Key Events Schedule

2.4 Anticipated Term

Section 3: Proposal Submission Procedures

3.1 Number of Copies

3.2 Submittal Instructions for Online (TechBid) Proposals

3.3 Submittal Instructions for Mailed/Delivered Proposals (Not required if submitted online)

3.4 Proposal Validity Period

3.5 Terms and Conditions

3.6 Alternate Proposals

3.7 HUB Subcontracting Plan

Section 4: Evaluation Criteria and Award

4.1 Evaluation Process

4.2 Proposer’s Acceptance of Evaluation Methodology

4.3 Evaluation Criteria and Weights

4.4 Consideration of Additional Information

4.5 Oral Presentations/Interviews

4.6 Award Process

4.7 Best and Final Offer

4.8 Award of Agreement

Section 5: Specifications and Scope of Work

5.1 General

5.2 Minimum Requirements

5.3 Additional Requirements Specific to this RFP

5.4 Services Specifications

Section 6: Pricing Schedule

6.1 Pricing for Services Offered

Section 7: General Terms and Conditions Appendix A: Agreement Appendix B: Execution of Offer Appendix C: HUB Subcontracting Plan Appendix D: Addenda Checklist Appendix E: TTUHSC Vendor Information solicitations@ttuhsc.edu Page 4 of 38 DOC1643828-002

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SECTION 1

GENERAL INFORMATION

1.1 Introduction

The Texas Tech University Health Sciences Center (“TTUHSC”), a part of the Texas Tech University System, seeks proposals from qualified firms for Collection Services - Student Business Services (the “Services”). The Services are more specifically described in Section

5.4 entitled Service Specifications.

1.2 Description of Texas Tech University Health Sciences Center

TTUHSC has as its major objectives the provision of quality education and development of academic, research, patient care, and community service programs to meet the health care needs of West Texas, which in total is comprised of 108 counties and represents 50% of Texas’ land mass and 11% of its total population. This 131,000 square mile service area and population of 2.7 million has been, and remains highly underserved by health professionals and accessible health care facilities, despite the substantial and meaningful contribution made by our institution. While education of students and residents remains the primary focus of the institution, there has been an important impact on the health status of West Texas.

Please visit the campus web sites for more information:

Abilene campus Amarillo campus Dallas/Fort Worth campus Lubbock campus Permian Basin campus

TTUHSC Fact Book

1.3 Group Purchasing Authority

Texas law authorizes institutions of higher education (defined by Section 61.003, Education Code) to use the group purchasing procurement method (ref. Sections 51.9335, 73.115, and 74.008, Education Code). Additional Texas institutions of higher education may therefore elect to enter into a contract with the successful Proposer under this RFP.

1.4 TTUHSC’s Right to Reject

This RFP does not commit TTUHSC to select a proposer or to award an agreement to any proposer. TTUHSC reserves the right to accept or reject, in whole or in part, any proposal it receives pursuant to this RFP. Proposals which are qualified with conditional clauses or alterations or items not called for in the RFP documents, or irregularities of any kind, are subject to disqualification by TTUHSC at its option. If TTUHSC receives fewer than three proposals, TTUHSC has the right to reissue this RFP in order to gain additional competitive proposals.

http://www.ascnet.com/ http://www.ttuhsc.edu/abilene/ http://www.ttuhsc.edu/amarillo/ http://www.ttuhsc.edu/dallas/ http://www.ttuhsc.edu/lubbock/ http://www.ttuhsc.edu/odessa/ https://www.ttuhsc.edu/about/factbook.aspx solicitations@ttuhsc.edu Page 5 of 38 DOC1643828-002

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1.5 Public Information

1.5.1 Proposer is hereby notified that TTUHSC strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information.

1.5.2 TTUHSC may seek to protect from disclosure all information submitted in response to this RFP until such time as a final agreement is executed.

1.5.3 Upon execution of a final agreement, TTUHSC will consider all information, documentation, and other materials requested to be submitted in response to this RFP, to be of a non-confidential and non-proprietary nature and, therefore, subject to public disclosure under the Texas Public Information Act (Government Code, Chapter 552.001, et seq.). Proposer will be advised of a request for public information that implicates their materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General. Certain information may be protected from release under Sections 552.101, 552.110, 552.113, and 552.131, Government Code.

1.6 Inquiries and Interpretations

1.6.1 TTUHSC may in its sole discretion respond in writing to written inquiries concerning this RFP and post its response as an Addendum to all parties recorded by TTUHSC as having received a copy of this RFP. Only TTUHSC’s responses that are made by formal written addenda will be binding on TTUHSC (“Addenda”). Any verbal responses, written interpretations or clarifications other than Addenda to this RFP will be without legal effect. All Addenda issued by TTUHSC prior to the Submittal Deadline will be and are hereby incorporated as a part of this RFP for all purposes.

1.6.2 Proposers are required to acknowledge receipt of each Addendum as specified in this Section. The Proposer must acknowledge all Addenda by completing, signing and returning the Addenda Checklist (ref. APPENDIX D). The Addenda Checklist must be received by TTUHSC prior to the Submittal Deadline and should accompany the Proposer’s proposal.

1.6.3 Any interested party that receives this RFP by means other than directly from TTUHSC is responsible for notifying TTUHSC that it has received an RFP package, and should provide its name, address, telephone number and FAX number to TTUHSC, so that if TTUHSC issues Addenda to this RFP or provides written answers to questions, that information can be provided to such party.

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SECTION 2

NOTICE TO PROPOSER

2.1 Submittal Deadline

TTUHSC will accept proposals submitted in response to this RFP until 4:30 PM, Central Time on June 6, 2025 (the “Submittal Deadline”). Proposals should be delivered to:

Texas Tech University Health Sciences Center Purchasing Office

Attention: Solicitation Manager - RFP 739-SL3696175

2.2 TTUHSC Contact Person

Proposers will direct all questions or concerns regarding this RFP to the following TTUHSC contact (“TTUHSC Contact”):

Solicitation Manager Tel. (806) 743-7841 • eFax (806) 743-7850 solicitations@ttuhsc.edu

TTUHSC specifically instructs interested parties to restrict all contact and questions regarding this RFP to written communications forwarded to TTUHSC Contact. TTUHSC Contact must receive all questions or concerns no later than May 12, 2025. TTUHSC will have a reasonable amount of time to respond to questions or concerns. It is TTUHSC’s intent to respond to all appropriate questions and concerns; however, TTUHSC reserves the right to decline to respond to any question or concern.

2.3 Key Events Schedule

TTUHSC will make a good faith effort to follow the timeline below for evaluating, negotiating and issuing an award:

Distribution of RFP May 7, 2025 Deadline for Submission of Written Questions May 12, 2025 Deadline for Submission/Delivery of Proposals June 6, 2025 Evaluation of Proposals June 6, 2025 – June 31, 2025

2.4 Anticipated Term

The anticipated term of any resulting agreement will begin on the date an agreement is executed, and expire on August 31, 2028. TTUHSC will have the option of two (2) additional one (1) year renewal periods.

• Optional Renewal Period #1: September 1, 2028 – August 2029

• Optional Renewal Period #2: September 1, 2029 – August 2030 solicitations@ttuhsc.edu Page 7 of 38 DOC1643828-002

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SECTION 3

PROPOSAL SUBMISSION PROCEDURES

3.1 Number of Copies

Proposer must submit a total of one (1) complete copy of its entire proposal. An original or digital signature by an authorized officer of Proposer must appear on the Execution of Offer (ref. APPENDIX B) of the submitted proposal.

3.2 Submittal Instructions for Online (TechBid) Proposals

3.2.1 TTUHSC prefers that all proposals be submitted using the TechBid system at https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech.

3.2.2 Proposals must be signed by the responding company’s official authorized to commit such proposals. Failure to sign the Execution of Offer will be basis for proposal disqualification. The TechBid system contains a mandatory “Bidder Affirmation” checkbox certifying this information. By submitting their proposal online, proposers automatically qualify as having a valid signature.

3.2.3 All proposals must be submitted online no later than the date and time indicated in Section 2.1 “Submittal Deadline.”

3.3 Submittal Instructions for Mailed Proposals (Not Required if Submitted Online)

3.3.1 TTUHSC prefers that all proposals be submitted using the TechBid system at https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech.

However, if necessary, the proposer may elect to submit a printed version of the proposal and submit the proposal by mail or carrier service.

3.3.2 One (1) original individually-bound completed proposal is required for the mailed or delivered submittals. Note: One (1) electronic version (USB Drive) is also required for archival purposes.

3.3.3 Proposals must be signed by the responding company’s official authorized to commit such proposals. Failure to sign the Execution of Offer will be basis for proposal disqualification.

3.3.4 Proposals should be submitted in a sealed envelope or box marked with the name of the RFP (as shown on the cover page of this RFP) and the opening date. All proposals must be submitted no later than the date and time indicated in Section 2.1 “Submittal Deadline.”

3.4 Proposal Validity Period

Each proposal must state that it will remain valid for TTUHSC’s acceptance for a minimum of ninety (90) days after the Submittal Deadline, to allow time for evaluation, selection, and any unforeseen delays.

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3.5 Terms and Conditions

Proposer must comply with the requirements and specifications contained in this RFP, including the Agreement (ref. APPENDIX A), the Notice to Proposer (ref. Section 2 of this RFP), Proposal Submission Procedures (ref. Section 3 of this RFP) and the Specifications and Scope of Work (ref. Section 5 of this RFP). If there is a conflict among the provisions in this RFP, the provision requiring Proposer to supply the better quality or greater quantity will prevail.

3.6 Alternate Proposals

TTUHSC may consider alternate proposals submitted by Proposer. Proposers submitting alternate proposals should (i) clearly identify any exceptions taken to the requirements and specifications set forth in this RFP and (ii) include a detailed description of the alternative(s) proposed. Proposer may suggest additions to the requirements and specifications set forth in this RFP, and all such suggestions must be clearly identified. Alternate proposals should be submitted as attachments to the proposal. Alternate proposals shall meet the same requirements and shall be in the same format as the proposal’s base format.

3.7 HUB Subcontracting Plan

A HUB Subcontracting Plan (“HSP”) is required as part of Proposer’s proposal. The HSP will be developed and administered in accordance with TTUHSC’s Policy on Utilization of Historically Underutilized Businesses attached as APPENDIX C and incorporated for all purposes.

Each Proposer must complete and return the HSP in accordance with the terms and conditions of this RFP, including APPENDIX C. Proposers that fail to do so will be considered non-responsive to this RFP in accordance with Section 2161.252, Government Code.

TTUHSC has reviewed this RFP in accordance with Title 34, Texas Administrative Code, Section 20.13 (a), and has determined that subcontracting opportunities are probable under this RFP.

A search has been conducted of the Centralized Master Bidders List to identify active HUB vendors in accordance with Title 34, Texas Administrative Code, Section 20.14(a)(1). The following NIGP commodity codes were included:

Code #1 (94633)

Results can be viewed at the following link:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp solicitations@ttuhsc.edu Page 9 of 38 DOC1643828-002

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SECTION 4

EVALUATION CRITERIA AND AWARD

4.1 Evaluation Process

4.1.1 TTUHSC will utilize a proposal evaluation team for the evaluation of this RFP. The award will be based on the proposal judged to be in the best interest of TTUHSC, the judgment in this regard shall be considered final. Any agreement resulting from this request shall be awarded to the proposer providing the “best value” to TTUHSC.

4.1.2 Under section 51.9335 of the Texas Education Code in determining what is the best value to an institution of higher education, TTUHSC shall consider the purchase price, the reputation of the proposer and of the proposer’s goods or services, the quality of the proposer’s goods or services, the extent to which the goods or services meet TTUHSC’s needs, the proposer’s past relationship with TTUHSC, the impact on the ability of TTUHSC to comply with laws and rules relating to historically underutilized businesses and to the procurement of goods and services from persons with disabilities, the total long-term cost to TTUHSC of acquiring the proposer’s goods or services, and any other relevant factor that a private business entity would consider in selecting a vendor.

4.2 Proposer’s Acceptance of Evaluation Methodology

Submission of a proposal indicates proposer’s acceptance of the evaluation technique and proposer’s recognition that some subjective judgments must be made by TTUHSC during the assigning of points.

4.3 Evaluation Criteria and Weights

4.3.1 Each proposal shall be evaluated on the ability to meet TTUHSC’s requirements and to provide the best value to TTUHSC.

4.3.2 The evaluation will be based on the following formula:

Criteria Weight Proposer’s Experience and Reputation 45% Proposer’s Collection Procedures 30% Proposer’s Price/Commission 10% Proposer’s Technology Elements 10% Proposer’s Value Add Services 5%

4.4 Consideration of Additional Information

Consideration may also be given to any additional written information and comments that may serve to clarify the proposal information to TTUHSC.

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4.5 Oral Presentations/Interviews

Upon completion of the initial review and evaluation of the proposals submitted, selected proposers may be invited to participate in oral presentations. Oral presentations/interviews are an option of the evaluation team and may or may not be conducted; therefore, proposals should be complete when submitted by the deadline indicated in the Section 2.1 entitled “Submittal Deadline.”

4.6 Award Process

During the opening, proposals will be acknowledged publicly to identify the names of the proposers, but will be afforded security sufficient to preclude disclosure of the contents of the proposal, including prices or other information, prior to award. After opening, an award may be made on the basis of the proposals initially submitted, without discussion, clarification or modification, or on the basis of negotiation with any of the proposers or, at TTUHSC’s sole option and discretion, TTUHSC may discuss or negotiate all elements of the proposal with selected proposers which represent a competitive range of proposals. For purposes of negotiation, a competitive range of acceptable or potentially acceptable proposals may be established comprising the highest rated proposal(s).

4.7 Best and Final Offer

When deemed appropriate, after the submission of proposals but before the final selection of the successful proposal, TTUHSC may permit a proposer to revise its proposal in order for TTUHSC to obtain a best and final offer. TTUHSC will provide each proposer within the competitive range with an equal opportunity for discussion and revision of their proposal, and a proposer may elect not to amend their original proposal. TTUHSC is not bound to accept the best-priced proposal if that proposal is not the most advantageous to TTUHSC as determined by the evaluation team.

4.8 Award of Agreement

4.8.1 TTUHSC reserves the right to award an agreement for all or any portion of the requirements proposed by reason of this request, award multiple agreements, or to reject any and all proposals if deemed to be in the best interests of TTUHSC and to re-solicit for proposals, or temporarily or permanently abandon the solicitation. If TTUHSC awards an agreement, it will award the agreement to the proposer whose proposal is the most advantageous to TTUHSC, considering price and the evaluation factors set forth in this RFP. Any actual or prospective proposer who is aggrieved in connection with the solicitation, evaluation or award of an agreement may formally protest in accordance with the following:

https://www.fiscal.ttuhsc.edu/purchasing/vendors/protestprocedures.aspx

4.8.2 TTUHSC intends to negotiate and award an agreement with the vendor submitting the proposal the evaluation committee determines best meets the requirements and is considered to be the best value overall. The agreement is a non-exclusive agreement, and TTUHSC reserves the right to enter into one or more agreements with third parties covering the same or similar Services.

https://www.fiscal.ttuhsc.edu/purchasing/vendors/protestprocedures.aspx solicitations@ttuhsc.edu Page 11 of 38 DOC1643828-002

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4.8.3 The proposer may submit its standard agreement for review by TTUHSC. The agreement entered into by the parties shall consist of the RFP, the signed proposal submitted by the vendor, the specifications including all the modifications thereof, a written agreement, and purchase order(s), all of which shall be referred to collectively as the agreement documents.

4.8.4 Any resulting agreement may be subject to review and approval by The Board of Regents of Texas Tech University System (the “BOR”). If the BOR does not approve the agreement, then the agreement is null, void, and of no effect. Rules governing the approval and execution of contracts can be viewed here: The Rules & Regulations of the Board of Regents, Chapter 07 - https://www.texastech.edu/board-of-regents/regents-rules/chapter-07-fiscal-management.pdf

4.8.5 TTUHSC is required under Texas Legislature House Bill 1295 (section 2252.908 of the Government Code) to request Ethics Commission Reporting from contractors with agreements that:

(1) requires an action or vote by the governing body of the entity or agency; or

(2) has a value of at least $1 million (value of an agreement is based on the amount of consideration received or to be received by the contractor from TTUHSC).

The Business Entity must file Form 1295 electronically with the Texas Ethics Commission using the online filing application:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm http://www.ascnet.com/ https://www.texastech.edu/board-of-regents/regents-rules/chapter-07-fiscal-management.pdf https://www.texastech.edu/board-of-regents/regents-rules/chapter-07-fiscal-management.pdf https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm solicitations@ttuhsc.edu Page 12 of 38 DOC1643828-002

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SECTION 5

SPECIFICATIONS AND SCOPE OF WORK

5.1 General

The minimum requirements and the specifications for the Services, as well as certain requests for information to be provided by Proposer as part of its proposal, are set forth below. The successful Proposer is referred to as the “Contractor.”

5.2 Minimum Requirements

Each Proposal must include information that clearly indicates that Proposer meets each of the following minimum qualification requirements if applicable:

Proposer is current with the State of Texas Comptroller of Public Accounts (if applicable) https://fmcpa.cpa.state.tx.us/tpis/

Proposer can provide Certificate of Franchise Tax status. (if applicable) https://ourcpa.cpa.state.tx.us/coa/Index.html

Proposer shall demonstrate evidence of certifications, permits, licenses and insurances as appropriate to provide the Services as required.

Debt recovery is subject to the Federal Fair Debt Collection Practices Act and the Telephone Consumer Protection Act 47 United States Code section 227, as well as other state and local rules and regulations. Proposer shall demonstrate evidence of certifications, permits, licenses and insurances as appropriate to provide the Services as required. Current surety bond on file with the Texas Secretary of State, as required under §392.101, Texas Finance Code if applicable for Services provided.

https://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

Documentation demonstrating Proposers specialization in student account collection, specifically related to Higher Education. Proposer must include percentage of student loan account collections as a portion of company gross revenue.

A Performance Bond in the amount of one hundred twenty five thousand dollars ($125,000.00) will be required. Such bond must be issued by a reputable bonding company that is acceptable to TTUHSC.

Proposer is in compliance with the Texas Risk and Authorization Management Program (TX- RAMP) as may be required.

https://dir.texas.gov/information-security/texas-risk-and-authorization-management-program-tx-ramp http://www.ascnet.com/ https://fmcpa.cpa.state.tx.us/tpis/ https://ourcpa.cpa.state.tx.us/coa/Index.html https://direct.sos.state.tx.us/debtcollectors/DCSearch.asp 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 solicitations@ttuhsc.edu Page 13 of 38 DOC1643828-002

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Proposer certifies that neither it, nor its holding companies or subsidiaries, is:

(a) Listed in Section 889 of the 2019 National Defense Authorization Act;

(b) Listed in Section 1260H of the 2021 National Defense Authorization Act; or

(c) Owned by the government of a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R Section 791.4; or

(d) Controlled by any governing or regulatory body located in a country on the U.S.

Department of Commerce’s foreign adversaries list under 15 C.F.R Section 791.4.

5.3 Additional Requirements Specific to this RFP

Proposer must submit the following informational sections as part of Proposer’s proposal:

1. Proposer’s Experience and Reputation

Provide written detail about corporate background and experience.

Organizational and Staff Structure – Provide the total number of employees. Provide the number of employees dedicated to the collection of accounts. Describe the training given to company employees. Discuss how collectors and other employees who have contact with borrowers are kept up to date on developments in the student loan collections area, including changes in federal regulations and institutional requirements.

Company-Customer Relationships – Describe the customer service offered to clients.

Provide the name, title and telephone number of the individual within the company who will serve as the primary point of contact if an award is made based on this proposal. Describe how TTUHSC inquiries will be handled in this person’s absence.

Historical Performance – How many years has the company provided collection services for student accounts? Discuss the company’s experience with higher education institutions in the State of Texas. Provide the number of college/university accounts currently managed and serviced. Provide the total dollar volume and number of accounts currently managed in all categories. Discuss the company’s experience in the collection of each type of student loan account (federal and institutional). For each type, provide the company’s overall collection performance rate including:

o The number, dollar value, and average balance of placements o The total dollars collected and recovery percentage o The total number of accounts and percentage of accounts brought into repayment, cancellation or deferment o The dollar amount and percentage of dollars placed returned to the client

Provide references and description of services from current or recent Higher Education clients. These should include specifications and requirements most similar to those described in this RFP.

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2. Collection Procedures

Provide written detail documenting how proposed product meets the requirements found in Section 5.4 Services Specifications.

Collection Procedures - The soundness of the Proposer’s approach to Loan Collections. Proposer must be in full compliance with the FDCPA, FERPA, GLBA, and any other applicable federal and state laws. The Proposer’s demonstrated competence and experience with Loan and Accounts Receivable Collections.

Collection practices and procedures should ensure maximum recovery of debts. State the affiliations in state and trade organizations, including COHEAO, NACUBO and other professional organizations specializing in the university accounts field, in which the company or individual employees hold membership. Discuss the degree of involvement in these organizations.

3. Technology

Provide written detail documenting technology products and solutions utilized in the collection service process including reporting capabilities.

Technology – Describe the technology utilized by the company including the company’s computer capabilities and available services provided directly by the company or by a third-party software vendor. Describe the software used to monitor accounts. Discuss the components of the company’s disaster recovery plan. Describe the methods in which accounts can be placed with the agency.

4. Value Add Services

Provide written detail documenting additional services related to the Collection Services provided by proposer.

Value Add Services – Provide a description of any additional services that may be valuable to TTUHSC such as seminars, training, and access provided to information regarding regulatory updates.

5.4 Services Specifications

Overview:

Texas Tech University Health Sciences Center (TTUHSC) is seeking a Contractor to provide Collections Services for the Student Business Services Department. The awarded Contractor will provide Services for all TTUHSC refered, and unpaid, accounts to the Contractor for collection. The Contractor would be expected to implement an efficient and effective procedure in its attempt to achieve a maximum recovery of debts through telephone calls, mail efforts and skip tracing procedures whenever necessary.

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Service Requirements:

Contractor to provide full service Collections including at a minimum:

Collections Process Capabilities:

Contractor must posses the process, staffing and technical capabilities to maintan compliance with all terms found in Appendix A. Agreement, Section B. SPECIFICATIONS FOR

COLLECTIONS.

Contractor will be expected to ensure all accounts are up to date and reflect the amount actually past due. Once a delinquency has been paid, Contractor will need to be able to return the account back to TTUHSC. Before Contractor’s personel informs the borrower/debtor that their debt is paid in full, they will need to be able to ensure the entire principal, interest, penalties, and collection fees have been recovered in full.

Contractor will need to be able to provide borrower/debtor a printed statement of their account when requested. The monthly statements will contain the TTUHSC ID as identifier combined with loan number or billing code and not the individual’s social security number.

Contractor should be able to inform and refer accounts back to TTUHSC that have provided Notice of Bankruptcy or any settlement offer prior to borrower/debtor acceptance.

Contractor must also be able to notify TTUHSC, with full explanation, when overpayments are made.

Reporting:

The following reports will be required by the Medical Practice Income Plan Office:

1. Quarterly – Debtor Status Report (detailing all active accounts)

2. Quarterly – Placement Analysis Report

3. Quarterly – Schedule of Aged Accounts Receivables (all active accounts)

4. Monthly – Accounts returned to TTUHSC and have not been converted to regular repayment status by the end of 12 consecutive calendar months

TTUHSC requires all reports list the individual’s account ID number as the account number and not the individual’s social security number. Contract will need to be able to maintain records of the accounts in an auditable manner in the event TTUHSC needs to move forward with an audit. All records and documents relating to TTUHSC accounts need to be maintained and not destroyed unless TTUHSC provides written permission to do so.

Regulations and Laws:

The Collection Services must be provided in accordance with the most recent applicable federal regulations. Contractor personnel, handling collection efforts, need to be knowledgeable of, and comply with, the most recent applicable federal regulations, guidelines, and policy interpretations governing federal and institutional loan programs.

Pursuant to Federal Regulations, Contractor must agree to comply with all applicable statutory provisions applicable to Title IV of the Higher Education Act of 1965, as amended and as set forth in 34 CFR §668.25.

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Contractor is responsible for compliance with the regulations governing third-party Servicers and additional accountability requirements as stated in 34 CFR Section 668.25.

Contractor, as a third-party servicer, will assume joint and several liability with the Contractor for any violation by Contractor of any statutory or regulatory provision applicable to Title IV programs.

Under no circumstance, will Contractor use threats, intimidation, harassment, or unfair collection practices or violate any guidelines established by federal, state, and local laws, regulations, and rules affecting the work. Contractor will need to maintain all required protection for property, employees, and public.

Contractor, at the request of TTUHSC, must be able to manage credit bureau reporting on institutional loans and tuition. Contractor acknowledges the privacy rights of debtors and shall not release information to any credit bureau or other third parties without full compliance with all federal and state privacy laws and prior written approval from TTUHSC.

Contractor must be in full compliance with FERPA, GLBA, HIPPA, and maintain sufficient safeguards to prevent unauthorized access to information, such as secure handling and storage of all data and security password protection on any computer equipment.

Contractor compliance with Texas state regulations § 2107.003(b)(2), Texas Government Code and 1 Texas Administrative Code § 59.

http://www.ascnet.com/ http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2107.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2107.htm http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=1&pt=3&ch=59&rl=Y solicitations@ttuhsc.edu Page 17 of 38 DOC1643828-002

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SECTION 6

PRICING SCHEDULE

Proposal of: ___________________________________ (Proposer Company Name)

Ref.: Collection Services - Student Business Services

RFP No.: RFP 739-SL3696175

Having carefully examined all the specifications and requirements of this RFP and any attachments thereto, the undersigned proposes to furnish the Services required pursuant to the above-referenced Request for Proposal upon the terms quoted below.

6.1 Fee Structure for Services Offered:

The prices quoted in the Fee Schedule below shall be TTUHSC’s entire cost for the Services.

There shall be no separate or additional charges, fees, handling or other incidental costs associated in the acquisition of the Services. Proposer understands that TTUHSC makes no guarantee as to the volume, amount or type of accounts that may be referred under any Agreement.

Proposer certifies and agrees that all prices and rebates quoted in the Fee Schedule below has been reviewed and are the final proposed price and service offerings for this initial RFP response.

Please be advised that TTUHSC cannot contract to pay Contractor an amount in excess of 30% of the total obligation collected in accordance with with § 2107.003(b)(2), Texas Government Code.

Fee Schedule

Please indicate below the percentage fee on amounts collected in the First Placement, and Secondary Bad Debt categories that your company offers to charge for the Services. If your company cannot offer Services in a particular category please type in N/A.

The following collection commission shall be the sole consideration paid to Contractor for its services under this Contract for all accounts with the exception of Perkins:

Amounts Collected on First Placement

Fee %

First Placement %

Amounts Collected on Secondary Bad Debt

Fee%

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The following collection commission shall be the sole consideration paid to Contractor for its services under this Contract for all Perkins accounts:

Amounts Collected on First Placement

Fee %

First Placement %

Amounts Collected on Secondary Bad Debt

Fee%

Secondary Bad Debt %

Proposer: ____________________________

By: ___________________________

Name: _________________________

Title: __________________________

Date: _____________________ solicitations@ttuhsc.edu Page 19 of 38 DOC1643828-002

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SECTION 7

GENERAL TERMS AND CONDITIONS

The terms and conditions contained in (i) the attached Agreement (ref. APPENDIX A) or, in the sole discretion of TTUHSC, terms and conditions substantially similar to those contained in the Agreement and (ii) the Texas Tech University System Required Contract Terms set forth at http://www.texastech.edu/ogc/contracting/required-contract-terms.pdf (collectively, the “Required Terms”) will constitute and govern any agreement that results from this RFP. If Proposer takes exception to any of the Required Terms, Proposer will submit a list of the exceptions as part of its proposal. Proposer’s exceptions will be reviewed by TTUHSC and may result in disqualification of Proposer’s proposal as non-responsive to this RFP. If Proposer’s exceptions do not result in disqualification of Proposer’s proposal, then TTUHSC may consider Proposer’s exceptions when TTUHSC evaluates the Proposer’s proposal.

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APPENDIX A

AGREEMENT

Collections Agreement (“Contract”)

The Texas Tech University Health Sciences Center by and through the undersigned duly authorized official, hereinafter called "TTUHSC" and ___________________, hereinafter called "Contractor", hereby agree as follows:

That the Contractor, for and in consideration of the covenants, conditions, contracts, and stipulations hereinafter expressed, does hereby agree to furnish to TTUHSC collection services (“Services”) as outlined in the provisions below entitled "General Provisions" and "Specifications for Collections", which are a part of this Contract, and that Contractor’s performance of the Services shall (1) conform to the specifications and requirements of that certain Request for Proposal related to Collection Services for The Texas Tech University Health Sciences Center, RFP No. 739-XXXXXXXX and all addenda, requests for best and final offers, and requests for clarification (collectively the "RFP"), which is incorporated by reference for all purposes, and (2) to the extent consistent with the RFP, conform with Contractor’s proposal dated ___________________, Contractor’s response to the Best and Final Offer dated ___________________ (collectively, the “Contractor’s Proposal”) which was submitted by Contractor in response to the RFP and is incorporated by reference for all purposes. To the extent that the RFP or Contractor’s Proposal conflict with the terms of this Contract, the terms of this Contract shall control, unless specifically stated otherwise in the RFP.

A. GENERAL PROVISIONS

1. Contractor agrees to indemnify, defend and hold harmless the State of Texas, Texas Tech University System and their Regents, TTUHSC and their officers, agents and employees from any and all liability, loss, damage or expense including reasonable attorney's fees and investigative expenses they may incur which result from any claims against them, individually or severally, for any acts or omissions by the Contractor or its officers, agents or employees in the performance of this Contract.

2. The Contractor, its officers, agents or employees, in the performance of this Contract, shall act in an independent capacity and not as officers, agents or employees of Texas Tech University System, the State of Texas or TTUHSC.

3. TTUHSC may terminate this Contract and be relieved of the payment of any further obligation to Contractor should Contractor fail to perform the covenants herein contained within the time or in the manner provided. In the event of such termination, TTUHSC may proceed with specific performance of the Services provided for herein in any manner deemed proper by TTUHSC.

4. Except as specifically provided in any HUB Subcontracting Plan (“HSP”), this Contract is not assignable by Contractor either in whole or in part without the prior written consent of TTUHSC.

5. No amendment, alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties hereto. This Contract contains the entire Contract of the parties and no oral understanding or agreement not incorporated herein shall be binding on either of the parties hereto.

6. The consideration to be paid Contractor, as provided herein, shall be in compensation for all Services performed and expenses incurred, including travel and per diem, unless otherwise expressly provided.

7. The laws of the State of Texas shall govern the interpretation and performance of this Contract. Pursuant to Texas Education Code § 109.005, the County in which TTUHSC’s Chief Executive Officer is located shall be the sole proper place of venue for any legal action or proceeding arising out of this Agreement or the enforcement of any provision in this Agreement.

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8. The term of this Contract shall be from ______________ to August 31, 2028 with the right resting in TTUHSC to extend the term of the Contract, subject to the same terms and conditions, for two (2) additional twelve (12) month periods upon written notice to Contractor.

9. To the extent that Chapter 2260, Texas Government Code, is applicable to this Contract and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TTUHSC and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The parties hereto specifically agree that (i) neither the execution of this Contract by TTUHSC nor any other conduct, action or inaction of any representative of TTUHSC relating to this Contract constitutes or is intended to constitute a waiver of TTUHSC’s or the state's sovereign immunity to suit; and (ii) TTUHSC has not waived its right to seek redress in the courts.

10. By its signature below, Contractor certifies that it has the authority to do business in Texas and shall provide a Certificate evidencing same upon its execution of this Contract. Further, by its signature below, Contractor certifies that, to the best of its knowledge, it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171 of the Texas Tax Code, it is exempt from the payment of those taxes, or it is an out-of-state taxable entity that is not subject to those taxes, whichever is applicable.

Contractor further certifies that there are no outstanding warrant holds in place against Contractor at the office of the Texas Comptroller of Public Accounts. Pursuant to Sections 2107.008 and 2252.903, Texas Government Code, Contractor further agrees that any payments owing to Contractor under this Contract may be applied directly toward any debt or delinquency that Contractor owes the State of Texas or any agency of the State of Texas regardless of when it arises, until such debt or delinquency is paid in full.

11. Pursuant to Section 231.006, Texas Family Code, Contractor certifies that it is not ineligible to receive the award of or payments under this Contract and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate.

12. Pursuant to Sections 2155.004 and 2155.006, Government Code, Contractor certifies that Contractor has not received compensation for participation in the preparation of the Request for Proposal related to this Agreement and is not ineligible to receive the award of or payments under this Agreement;

and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate.

13. Contractor covenants and agrees that as required by Section 2155.4441, Texas Government Code, in performing its duties and obligations under this Contract, the Contractor shall purchase products and materials produced in Texas when such products and materials are available at a price and delivery time comparable to products and materials produced outside of Texas.

14. As used in this paragraph, the term “Information” means any data or information Contractor creates, obtains, accesses, receives, stores, or uses in performing this Contract; for example, social security numbers, credit card numbers, or data protected or made confidential or sensitive by any applicable federal or Texas law or regulation, including the Gramm-Leach-Bliley Act (“GLB”, Public Law No. 106-102), the Family Educational Rights and Privacy Act (“FERPA”, 20 U.S.C. §1232g) and the Health Insurance Portability and Accountability Act (“HIPAA”, Public Law No. 104-191).

If the activities of Contractor under this Contract require Contractor to create, obtain, access, receive, store, or use Information then Contractor represents, warrants and certifies it will: (1) hold all Information in the strictest confidence; (2) not release any Information unless Contractor obtains TTUHSC’s prior written approval and performs such a release in full compliance with all applicable privacy laws, including GLB, FERPA and HIPAA; (3) not otherwise use or disclose Information except as (a) permitted or required by this Contract, (b) required by law, or (c) authorized by TTUHSC in writing;

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(4) safeguard Information according to all commercially reasonable administrative, physical and technical standards (e.g., such standards established by the National Institute of Standards and Technology, the Center for Internet Security, or the Gramm-Leach Bliley Act - see Standards for Safeguarding Customer Information, 16 C.F.R. Part 314, keeping in mind the objectives of §314.3(b)); (5) continually monitor its operations and take any action necessary to assure the Information is safeguarded in accordance with the terms of this Contract and as required by applicable federal or Texas law or regulation; and (6) comply with TTUHSC’s rules, policies, and procedures regarding the Information. At TTUHSC’s request, Contractor agrees to provide TTUHSC with a written summary of the procedures Contractor uses to safeguard Information.

If an impermissible use or disclosure of any Information occurs, Contractor will provide (1) written notice to TTUHSC within one (1) business day after Contractor’s discovery of such use or disclosure and (2) all information TTUHSC requests concerning such impermissible use or disclosure. If TTUHSC determines that Contractor has breached the terms of this paragraph, then TTUHSC may immediately terminate this Contract without notice or opportunity to cure. Within 30 days after the expiration or earlier termination of this Contract for any reason, Contractor shall either return or destroy, at TTUHSC’s direction, all information provided by TTUHSC to Contractor under this Contract, including all TTUHSC information provided to Contractor’s employees, subcontractors, agents, or other affiliated persons or entities (“Contractor Affiliates.”). Contractor will notify TTUHSC prior to destruction of any of the information.

Contractor will require all Contractor Affiliates to agree in writing to comply with all of Contractor’s obligations and responsibilities under this paragraph as if such persons or entities were the Contractor, and Contractor will be responsible for ensuring such compliance by such Contractor Affiliates.