ESBD_424078_1748631377548_TABC 458-E250330 EMPLOYEE ASSISTANCE PROGRAM RFP.pdf

RFP No. 458-E250330 Page 1 of 17 TABC RFP 05.30.25

Request for Proposals (RFP) for

Employee Assistance Program Services

RFP No. 458-E250330

NIGP Class/Item: 952-38

Date of Release: May 30, 2025

Response Due: June 30, 2025, at 5:00 PM Central Standard Time

RFP No. 458-E250330 Page 2 of 17 TABC RFP 05.30.25

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

1.2 DEFINITIONS

1.3 AUTHORITY

ARTICLE II. STATEMENT OF WORK

2.1 STATEMENT OF WORK

2.2 CONTRACT AWARD, TERM AND AMOUNT

2.3 NO GUARENTEE OF VOLUME, USAGE OR COMPENSATION

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

3.2 CHANGES, AMENDMENT OR MODIFICATION TO SOLICITATION

3.3 IRREGULARITIES

3.4 INFORMALITIES

3.5 INQUIRIES

3.6 SOLICITATION RESPONSE

ARTICLE IV. SOLICITATION RESPONSE EVALUATION AND AWARD PROCESS

4.1 EVALUATION CRITERIA

5.1 INITIAL COMPLIANCE SCREENING

5.1 COMPETITIVE RANGE AND BEST AND FINAL OFFER

4.4 ORAL PRESENTATIONS

4.5 QUESTIONS OR REQUESTS FOR CLARIFICATION BY THE TABC

ARTICLE V. NARRATIVE PROPOSAL

5.1 NARRATIVE PROPOSAL

ARTICLE VI. REQUIRED RESPONDENT INFORMATION

6.1 COMPANY INFORMATION

6.2 MAJOR SUBCONTRACTOR INFORMATION

6.3 LITIGATION AND CONTRACT HISTORY

6.4 CONFLICTS

6.5 AFFIRMATIONS AND CERTIFICATIONS

ARTICLE VII. COST PROPOSAL

7.1 COST PROPOSAL

ARTICLE VIII. GENERAL TERMS AND CONDITIONS

8.1 GENERAL TERMS AND CONDITIONS

8.2 INSURANCE

ARTICLE IX. SUBMISSION CHECKLIST

ORIGINAL SOLICITATION RESPONSE PACKAGE

RFP No. 458-E250330 Page 3 of 17 TABC RFP 05.30.25

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Texas Alcoholic Beverage Commission (TABC) seeks to contract with one (1) or more qualified vendor(s) to provide Employee Assistance Program services in accordance with the Scope of Services (Statement of Work) attached as Exhibit A.

To be considered for the award, Respondent bid packages must include Exhibit C, Affirmations and Solicitation Acceptance, and provide all other required information and documentation as set forth in this Solicitation.

1.2 DEFINITIONS

Refer to Exhibit B, Texas Alcoholic Beverage Commission’s Uniform Terms and Conditions.

Additionally, as used in this Solicitation, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below:

“Addendum” means a written clarification or revision to this Solicitation issued by the

TABC.

“Contract” means the written agreement resulting from this Solicitation.

“Contractor” means the entity awarded the Contract to provide services resulting from this Solicitation.

“ESBD” means the Electronic State Business Daily, the electronic marketplace where State of Texas bid opportunities over $25,000 are posted. The ESBD can be accessed at https://www.txsmartbuy.gov/esbd.

“Texas Alcoholic Beverage Commission” or “TABC” means the administrative agency established under The Texas Alcoholic Beverage Code, or its designee.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code.

“HUB subcontracting plan” or “HSP” means written documentation regarding the use of sub-contractors, that must be submitted with all responses to state agency Contracts with an expected value of $100,000 or more where subcontracting opportunities have been determined by the state agency to be probable. The HUB subcontracting plan subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by the state agency during the term of the Contract.

“Respondent” means the entity responding to this Solicitation.

“Solicitation” means this Request for Proposals including any Exhibits and Addenda, if any.

“State” means the State of Texas and its instrumentalities, including the Texas Alcoholic Beverage Commission and any other state agency, its officers, employees, or authorized agents.

https://www.txsmartbuy.gov/esbd

RFP No. 458-E250330 Page 4 of 17 TABC RFP 05.30.25

1.3 AUTHORITY

TABC is soliciting the services listed herein under Title 10, Subtitle D of the Texas Government Code and Chapter 5, Subchapter B of the Texas Alcoholic Beverage Code.

ARTICLE II. STATEMENT OF WORK

2.1 STATEMENT OF WORK

The Scope of Services (Statement of Work) is attached as Exhibit A.

2.2 CONTRACT AWARD, TERM AND AMOUNT

2.2.1 Contract Award and Execution

TABC intends to award one or more Contract as a result of this solicitation. Any award is contingent upon the approval of the Executive Director or their designee.

If, for any reason, a final contract cannot be executed with a Respondent selected for award within 90 days of TABC's determination to seek a contract with that Respondent, TABC may negotiate a contract with the next highest scoring Respondent or may withdraw, modify, or partially award this solicitation.

2.2.2 Contract Term

TABC anticipates the initial duration of any Contract resulting from this solicitation shall be from September 1, 2025 until August 31, 2027. The TABC, at its sole option, may extend any Contract awarded pursuant to this solicitation for up to 3 additional years.

2.2.3 Contract Amount

Total compensation under any awarded contract shall not exceed the amount of $65,000.00 for initial year(s) plus optional renewal periods. However, notwithstanding the preceding, TABC reserves the right to increase this amount if additional state or federal funding become available during the term of the contract, including any extensions.

2.3 NO GUARENTEE OF VOLUME, USAGE OR COMPENSATION

TABC makes no guarantee of volume, usage, or total compensation to be paid to any Respondent under any awarded Contract, if any, resulting from this Solicitation. Any awarded Contract is subject to appropriations and the continuing availability of funds.

The TABC reserves the right to cancel, make partial award, or decline to award a Contract under this Solicitation at any time at its sole discretion.

TABC 05.22.05 RFP No. 458-E250330

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT

DATE/TIME

Solicitation Post Date

May 30, 2025

Deadline for Submitting Questions

June 13, 2025 at 5:00 PM CST

Posting of Questions and Answers

June 19, 2025

Deadline for Solicitation Responses

June 30, 2025

Evaluation Period

July 2-13, 2025

Anticipated Notice of Award

July 23, 2025

Anticipated Contract Start Date

September 1, 2025

Note: These dates are a tentative schedule of events. The TABC reserves the right to modify these dates at any time upon notice posted to the ESBD. Any dates listed after the Solicitation Response deadline will occur at the discretion of the TABC.

3.2 CHANGES, AMENDMENT OR MODIFICATION TO SOLICITATION

TABC reserves the right to change, amend or modify any provision of this solicitation, or to withdraw this solicitation at any time prior to the award if it is in the best interest of the TABC. Any revisions will be posted on the ESBD. It is the responsibility of the Respondent to periodically check the ESBD to ensure full compliance with the requirements of this solicitation. Solicitation responses shall acknowledge receipt of any addendums.

3.3 IRREGULARITIES

Any irregularities or lack of clarity in this solicitation should be brought to the attention of the Point of Contact listed in Section 3.5.1 as soon as possible so corrective addenda may be furnished to prospective Respondents.

3.4 INFORMALITIES

TABC reserves the right to waive minor informalities in a solicitation Response if it is in the best interest of TABC. A “minor informality” is an omission or error that, in the TABC's determination if waived or modified when evaluating Solicitation Responses would not give a Respondent an unfair advantage over other Respondents or result in a material change in the Solicitation Response or Solicitation requirements.

3.5 INQUIRIES

3.5.1 Point of Contact

All requests, questions or other communication about this solicitation shall be made in writing to the TABC's Procurement Department, addressed to the person listed below.

All communication between Respondents and other TABC staff members concerning the solicitation are strictly prohibited. Failure to comply with these requirements may result in disqualification of Respondent's Solicitation Response.

Name: Casey Heideman, CTCD Title: Purchaser VII Address: 5806 Mesa Drive, Austin, TX 78731 Email: Solicitation.Responses@tabc.texas.gov

3.5.2 Prohibited Communication

On issuance of this solicitation, except for the written inquiries described in Section 3.5.3 and 3.5.4 below, TABC, its representative(s), or partners will not answer any questions or otherwise discuss the contents of this solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondents shall rely only on written statements issued by or through TABC's designated staff as provided by this Section. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation. Failure to comply with these requirements may result in disqualification of Respondent's Solicitation Response.

3.5.3 Questions

TABC will allow written questions and requests for clarification of this solicitation.

Questions must be submitted by email only to the Point of Contact listed in section

3.5.1 above. Respondents' names will be removed from questions in any responses released. Questions shall be submitted in the following format. Submissions that deviate from this format may not be accepted:

a) Identifying Solicitation number

b) Section Number

c) Paragraph Number

d) Page Number

e) Text of passage being questioned

f) Question

Note: Questions or other written requests for clarification must be received by the Point of Contact by the deadline set forth in Section 3.1 above. However, the TABC, at its sole discretion, may respond to questions or other written requests received after the deadline. Please provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

3.5.4 Clarification

Respondents must notify the Point of Contact of any ambiguity, conflict, discrepancy, exclusionary specifications, omission or other error in the solicitation in the manner and by the deadline for submitting questions. If a Respondent fails to properly and timely notify the Point of Contact of such issues, the Respondent submits its Solicitation at its own risk, and if awarded a Contract: (1) shall have waived any claim of error or ambiguity in the Solicitation and any resulting Contract, (2) shall not contest the interpretation by any TABC of such provision(s), and (3) shall not be entitled to additional compensation, relief, or time by reason of ambiguity, error, or later correction.

3.5.5 Responses

Responses to questions or other written requests for clarification may be posted on the ESBD. The TABC reserves the right to amend answers prior to the deadline for submission of Solicitation Responses. Amended answers may be posted on the ESBD.

It is the Respondent’s responsibility to check the ESBD. TABC also reserves the right to decline to answer any question or questions or to provide a single consolidated response of all questions they choose to answer in any manner at TABC’s sole discretion.

3.6 SOLICITATION RESPONSE

3.6.1 General

Respondent must submit a complete Proposal and Respondent Information with Cost Proposal marked “Original” via email. The Original copy must include all required documents. Failure to submit all required documents in required format(s) may result in disqualification of the Solicitation Response without further consideration. A Respondent shall prepare a Solicitation Response that clearly and concisely represents its qualifications and capabilities under this solicitation.

The TABC, in its sole discretion, may reject any and all proposals or portions thereof.

3.6.2 Submission in Separate Parts

Solicitation Responses must be submitted in separate documents and may be submitted in one or more emails:

1. Narrative Proposal (Section 5.1) and Company Information (Section 6.1-6.5)

2. Cost Proposal (Section 7.1)

If the Respondent must send multiple emails due to file sizes, please label them email 1 of 3, 2 of 3, 3 of 3, etc.

3.6.3 Supporting Documentation

If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the Solicitation Response, with specific reference made to the tab, page, section, and/or paragraph where the supporting information can be found.

3.6.4 Exceptions

The Texas Alcoholic Beverage Commission will more favorably evaluate responses that offer no or few exceptions, reservations, or limitations to the terms and conditions of the solicitation.

No exception, nor any other term, condition, or provision in a Solicitation Response that differs, varies from or contradicts this solicitation will be considered to be part of any Contract resulting from this Solicitation unless expressly made a part of the Contract in writing by TABC.

A Solicitation Response should be responsive to the solicitation as worded, not with any assumption that any or all terms, conditions, or provisions of the solicitation will be negotiated. Furthermore, all Solicitation Responses constitute binding offers. Any Solicitation Response that includes any type of disclaimer or other statement indicating that the response does not constitute a binding offer may be disqualified.

3.6.5 Solicitation Response Submission and Delivery

3.6.5.1 Deadline

Solicitation Responses must be received at the address in Section 3.6.5.3 by the TABC no later than the date and time specified in Section 3.1.

3.6.5.2 Labeling

Solicitation Responses shall be sent to the soliciation.responses@tabc.texas.gov and the subject line shall read RFP No. 458-E250330 Solicitation Response. The following should be contained in the body of the email:

SOLICITATION NO: RFP No. 458-E250330 SOLICITATION NAME: Employee Assistance Program Services mailto:soliciation.responses@tabc.texas.gov

SOLICITATION RESPONSE DEADLINE: June 30, 2025 at 5:00 PM CST

TABC will not be held responsible for any Solicitation Response that is mishandled prior to receipt by TABC. It is the Respondent’s responsibility to mark appropriately and deliver the Solicitation Response to TABC by the specified date and time.

3.6.5.3 Delivery

The preferred method of delivery for responses to TABC is by email submissions to the Solicitation Responses box at:

solicitation.responses@tabc.texas.gov

If you have any questions about submission or encounter any problems, please contact the assigned purchaser. Respondents are highly encouraged to submit a separate email to confirm that the Respondent’s bid has been received by the purchaser prior to the deadline to ensure appropriate time for troubleshooting if files do not properly transmit.

Solicitation Responses submitted by other method(s) such as regular mail or mail courier, Fed Ex, DHL or UPS will be accepted at:

5806 Mesa Drive Austin, TX 78731

Attn: Purchasing – BSD RFP 458-E250330

NOTE: Solicitation Responses submitted by any other method other than electronic or mail will NOT be considered. All Solicitation Responses become the property of TABC after submission and will not be returned to Respondent.

3.6.5.4 Alterations, Modifications, and Withdrawals

Prior to the Solicitation Response deadline, a Respondent may: (1) withdraw its Solicitation Response by submitting a written request to the Point of Contact identified in Section 3.5.1; or (2) modify its Solicitation Response by submitting a written amendment to the Point of Contact identified in Section 3.5.1. The TABC may request Solicitation Response Modifications at any time.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

mailto:solicitation.responses@tabc.texas.gov

TABC 05.22.05 RFP No. 458-E250330 Page 10 of 17

ARTICLE IV. SOLICITATION RESPONSE EVALUATION AND AWARD

PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

Solicitation Responses shall be evaluated in accordance with Title 10, Subtitle D of the Texas Government Code. TABC shall not be obligated to accept the lowest priced Solicitation Response but shall make an award to the Respondent that provides the best value to the State of Texas.

4.1.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below. Furthermore, Solicitation Responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential contract may be rejected, in the sole discretion of TABC.

a) Respondents must have recently been in business for a minimum of 5 years, or the principals/owners must have had recent ownership/executive management experience in a previous company that provided EAP or similar services;

b) Respondents shall have demonstrated experience in providing EAP or similar services;

c) Respondents must be financially solvent and adequately capitalized; and

d) Respondent must be authorized to do business in the State of Texas.

5.1.3 Specific Criteria

Solicitation Responses shall be consistently evaluated and scored in accordance with the following criteria.

e) Cost (40%)

f) Qualifications and Experience (20%)

g) Approach to EAP Service Provision (25%)

c) Overall Clarity of Response (5%)

d) Provision of Additive Alternate Services (10%)

4.1.4 Other Information

TABC may contact references provided in response to this solicitation, contact Respondent’s clients, or solicit information from any available source, including the Comptroller’s Vendor Performance Tracking System.

5.1 INITIAL COMPLIANCE SCREENING

The TABC will perform an initial screening of all Solicitation Responses received.

Unsigned Solicitation Responses, and Solicitation Responses that do not meet Section

4.1.2 above and/or do not include all required forms and information may be subject to rejection without further evaluation.

5.1 COMPETITIVE RANGE AND BEST AND FINAL OFFER

TABC may determine that certain Solicitation Responses are within the competitive range and may use this range to award multiple Contracts or as a basis to request a Best and Final Offer (“BAFO”) from Respondents. If the TABC elects to limit award consideration to a competitive range, the competitive range will consist of the Solicitation Responses that receive the highest or most satisfactory ratings, based on the published evaluation criteria and procedures governing this procurement. TABC, in the interest of administrative efficiency, may place reasonable limits on the number of Solicitation Responses that will be included in the competitive range.

The TABC may, at its discretion request that any or all Respondents provide a BAFO.

A request for a BAFO from TABC does not guarantee an award or further negotiations.

4.4 ORAL PRESENTATIONS

TABC may require an oral presentation from any or all Respondents. Respondents will be provided with advance notice of any such oral presentation and are responsible for their own presentation equipment. Failure to participate in the requested presentation may eliminate a Respondent from further consideration. TABC is not responsible for any costs incurred by the Respondent in preparation for any oral presentation.

4.5 QUESTIONS OR REQUESTS FOR CLARIFICATION BY THE TABC

TABC reserves the right to ask questions or request clarification from any Respondent at any time during the solicitation process, including during oral presentations, site visits, or during the BAFO process.

ARTICLE V. NARRATIVE PROPOSAL

5.1 NARRATIVE PROPOSAL

5.1.1 Executive Summary

Provide a high-level overview of the Respondent’s approach to meeting the requirements contained in Exhibit A. The summary must demonstrate an understanding of TABC’s goals and objectives for this Solicitation.

5.1.2 Work Plan

Describe the Respondent’s proposed processes and methodologies for providing all components of the Statement of Work detailed in Exhibit A. Respondent should identify all tasks to be performed, including all project activities, equipment used, materials and other products services and reports to be generated during the contract period.

In addition, Respondents must provide samples of at least three (3) other projects of similar complexity. Failure to submit comparable projects may result in disqualification.

5.1.3 Key Staffing Profile

Respondents must provide a key staffing profile and resumes for staff that will be responsible for the performance of the services requested under this Solicitation.

ARTICLE VI. REQUIRED RESPONDENT INFORMATION

6.1 COMPANY INFORMATION

Respondent must provide satisfactory evidence of their ability to manage and coordinate the types of activities described in this solicitation and to produce the specified goods or services on time. As a part of the Solicitation Response requested in Article III, Respondent must provide the following information:

6.1.1 Company Narrative

Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Article II, focusing on its company's key strengths and competitive advantages.

6.1.2 Company Profile

Provide a company profile to include:

(a) The company ownership structure (corporation, partnership, LLC, or sole proprietorship), including any wholly owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information in a narrative and as a graphical representation). If Respondent is an affiliate of, or has a joint venture or strategic alliance with, another company, Respondent must identify the percentage of ownership and the percentage of the parent’s ownership. The entity performing the majority of the work under a contract, throughout the duration of the contract, must be the primary bidder. Finally, please provide your proposed operating structure for the services requested under this solicitation and which entities (i.e. parent company, affiliate, joint venture, subcontractor) will be performing them;

(b) The year the company was founded and/or incorporated. If incorporated, please indicate the state where the company is incorporated and the date of incorporation;

(c) The location of company headquarters and any field office(s) that may provide services for any resulting contract under this solicitation;

(d) The number of employees in the company, both locally and nationally, and the location(s) from which employees will be assigned;

(e) The name, address, and telephone number of Respondent’s point of contact for any resulting contract under this solicitation; and

(f) Indicate whether the company has ever been engaged under a contract by any Texas state agency. If “Yes,” specify when, for what duties, and for which agency.

Note: If Respondent is an out-of-state company, a Certificate of Authority from the Secretary of State to do business in Texas must be provided as well.

6.2 MAJOR SUBCONTRACTOR INFORMATION

Respondent must identify any major subcontractors whom Respondent intends to utilize in performing fifteen percent (15%) or more of any Contract. Respondent must indicate whether Respondent holds any financial interest in any major subcontractor. It may be required as a condition of award that an authorized officer or agent of each proposed major subcontractor sign a statement to the effect that the subcontractor has read, and will agree to abide by, Respondent's obligations under any contract awarded pursuant to this solicitation.

6.3 LITIGATION AND CONTRACT HISTORY

Respondent must include in its Solicitation Response a complete disclosure of any alleged or significant contractual failures. In addition, Respondent must disclose any civil or criminal litigation or investigation over the last five (5) years that involve Respondent or in which Respondent has been judged guilty or liable including any allegations of such that are currently pending.

Respondent must also disclose any settlement agreements entered into in the last five

(5) years related to alleged contractual failures. Failure to comply with the terms of this provision may disqualify Respondent. Solicitation Response may be rejected based upon Respondent's prior history with the State of Texas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations.

Failure to comply with the terms of this provision may disqualify Respondent. Solicitation Response may be rejected based upon Respondent's prior history with the State of Texas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations.

6.4 CONFLICTS

Respondent must certify that it does not have any personal or business interests that present a conflict of interest with respect to the RFP and any resulting Contract.

Additionally, if applicable, the respondent must disclose all potential conflicts of interest.

The respondent must describe the measures it will take to ensure that there will be no actual conflict of interest and that its fairness, independence and objectivity will be maintained. TABC will determine to what extent, if any, a potential conflict of interest can be mitigated and managed during the term of the Contract. Failure to identify actual and potential conflicts of interest may result in disqualification of a Solicitation Response or termination of a contract.

Please include any activities of affiliated or parent organizations and individuals who may be assigned to this contract, if any.

Additionally, pursuant to Section 2252.908 of the Texas Government Code, a successful respondent awarded a Contract greater than $1 million dollars, or that requires an action or vote of the governing body, must submit a Disclosure of Interested Parties to the TABC at the time the business entity submits the signed Contract. Rules and filing instructions may be found on the Texas Ethics Commission's public website and additional instructions will be given by TABC to successful respondents.

6.5 AFFIRMATIONS AND CERTIFICATIONS

Respondent must complete and return Exhibit C, Respondent Affirmations and Solicitation Acceptance.

ARTICLE VII. COST PROPOSAL

7.1 COST PROPOSAL

As noted above, cost information must not be included with the Respondent's Information and Narrative proposal. Respondent must submit a cost proposal for the services listed in Article II, Scope of Work. Respondent’s cost proposal should be a cost per TABC employee for each month of the Contract.

TABC currently employs approximately 575 people and expects to employ between 575 and 625people during the term of the Contract that will result from this solicitation. While the Contractor will provide services to all Eligible Individuals, the fee should be based on the number of TABC employees during a given month.

The cost proposal provided is for the goods and services as specified in this solicitation and shall include all labor, materials, tools, supplies, equipment, and personnel, including but not limited to, travel expenses, associated costs and incidental costs necessary to provide the products and services according to the minimum specifications, requirements, provisions, terms, and conditions set forth in this RFP.

ARTICLE VIII. GENERAL TERMS AND CONDITIONS

8.1 GENERAL TERMS AND CONDITIONS

8.1.1 Amendment

TABC reserves the right to alter, amend or modify any provision of this solicitation, or to withdraw this solicitation, at any time prior to award, if it is in the best interest of the State.

8.1.2 Offer Period

Solicitation Responses shall be binding for a period 180 days after the due date for submission of Solicitation Responses. Each Respondent may extend the time for which its Solicitation Response will be honored. Upon contract execution, prices agreed upon by the Respondent(s) are an irrevocable offer for the term of the contract and any contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Respondent unless expressly agreed upon in writing by TABC. No other costs, rates, or fees shall be payable to the Respondent unless expressly agreed upon in writing by

TABC.

8.1.3 Costs Incurred

Respondents understand that the issuance of this solicitation in no way constitutes a commitment by any TABC to award a contract or to pay any costs incurred by a Respondent in the preparation of a response to this solicitation. TABC is not liable for any costs incurred by a Respondent prior to issuance of or entering into a formal agreement, contract, or purchase order. Costs of developing Solicitation Responses, preparing for or participating in oral presentations, or any other similar expenses incurred by a Respondent are entirely the responsibility of the Respondent, and will not be reimbursed in any manner by the State of Texas.

8.1.4 Contract Responsibility

TABC will look solely to Respondent for the performance of all contractual obligations that may result from an award based on this solicitation. Respondent shall not be relieved of its obligations for any nonperformance by its subcontractors.

8.1.5 Public Information Act

Solicitation Responses are subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552, and may be disclosed to the public upon request.

Subject to the PIA, certain information may be protected from public release.

Respondents who wish to protect portions of the Solicitation Response from public disclosure should familiarize themselves with this law. Information pertaining to the solicitation will be withheld or released only in accordance with the PIA.

8.2 INSURANCE

8.2.1 Required Coverage

For the duration of any contract resulting from this solicitation, Respondent shall acquire insurance, bonds, or both, if applicable with financially sound and reputable independent insurers, in the type and amount customarily carried within the industry.

Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of contract.

8.2.2 Alternative Insurability

Notwithstanding the preceding, TABC reserves the right to consider reasonable alternative methods of insuring the Contract in lieu of the insurance policies customarily required. It will be the Respondent's responsibility to recommend to TABC alternative methods of insuring the contract. Any alternatives proposed by Respondent should be accompanied by a detailed explanation regarding Respondent's inability to obtain the required insurance and/or bonds. TABC shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage.

ARTICLE IX. SUBMISSION CHECKLIST

This checklist is provided for Respondent's convenience only and identifies documents are requested in this Solicitation.

ORIGINAL SOLICITATION RESPONSE PACKAGE

The Solicitation Package must include the Original Solicitation Response consisting of three parts described in detail below. Each of the three main parts should be in a separate electronic file or files clearly labeled.

1. Narrative Proposal and Respondent Information and forms

a. Narrative Proposal (Section 5.1)

b. Company Information (Section 6.1)

c. Major Subcontractor Information (Section 6.2)

d. Litigation and Contract History (Section 6.3)

e. Conflicts (Section 6.4)

f. Respondent Affirmations and Solicitation Acceptance

(Section 6.5)

g. Addendums

2. Cost Proposal (Section 7)

Exhibits: Only exhibits requiring signatures must be returned to TABC at this time. These exhibits will be incorporated into any resulting contract. Exhibits requiring signature are indicated with an asterisk below.

Exhibit A – Scope of Work Exhibit B – Uniform Terms and Conditions *Exhibit C – Bidder Affirmations and Solicitation Acceptance

2.3 NO GUARENTEE OF VOLUME, USAGE OR COMPENSATION