ESBD_427810_1750258770698_00-IFB_3202500218_TEA-Recommend-6-18-25_Final.pdf

Bryan Daniel, Chairman Jose A. “Joe” Esparza, Commissioner

Albert Treviño III, Commissioner

Invitation for Bids (IFB) for Texas Economic Analysis

IFB No. 3202500218

Date of Release: June 18, 2025

Bids Due: July 3, 2025, by 10:00 a.m. Central Time

918-49 Finance and Economics Consulting

Sole Point of Contact for this IFB (see Section 4.1):

Andria Craig, CTCD, CTCM VendorProposals@TWC.texas.gov mailto:VendorProposals@TWC.texas.gov

IFB No 3202500218

Table of Contents

DEFINITIONS

ARTICLE I. PURPOSE, AUTHORITY AND SCHEDULE OF EVENTS

1.1 Purpose

1.2 Authority

1.3 Schedule of Events

ARTICLE II. SCOPE OF WORK

2.1 Overview/Background

2.2 Description of Services/Scope of Work/Specifications

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

3.2 Contract Award

3.3 Contract Term

3.4 Price Adjustment

3.5 Contract Amendments

3.6 No Guarantee of Volume, Usage or Compensation

3.7 Governmental Entities

3.8 Offer Period

3.9 Costs Incurred

3.10 Public Information Act-Bidder Response

3.11 Public Information Action-Contract Award

3.12 Bidder Waiver-Intellectual Property

3.13 Insurance

3.14 Sanctions and Remedies

3.15 Liquidated Damages

3.16 Changes of Ownership or Financial Condition

3.17 Severability

3.18 Franchise Tax-Right to Transact Business in Texas

3.19 Subcontractor Requirements

ARTICLE IV. BID PROCESS

4.1 Inquiries

4.2 Bid Composition

4.3 Bid Submission and Delivery

4.4 Additional Information

4.5 Ambiguity, Conflict, or Discrepancy

4.6 Changes, Modifications, and Cancellation of Solicitation

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ARTICLE V. BID EVALUATION

5.1 Screening of Responses

5.2 Evaluation

ARTICLE VI. REQUIRED BID INFORMATION

6.1 Execution of Bid

6.2 Financial Soundness

6.3 Cost Proposal

6.4 HUB Subcontracting Plan

6.5 Optional Bid Submission Checklist

LIST OF ATTACHMENTS AND FORMS

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DEFINITIONS

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms have the meanings assigned below:

“Addendum” means a written addition, change, or supplement to this

Solicitation that is posted to the ESBD prior to the response due date.

“Bidder” means the individual or entity that submits an offer or Bid. The term includes anyone acting on behalf of the individual or entity that submits an offer or Bid, such as an agent, employee, and representative.

“Business Day” means days occurring Monday through Friday except for the legal holidays observed by the State of Texas. All uncapitalized references to

“days” shall be calendar days.

“Competitive Range” consists of the offers or Bids that have a reasonable chance of being selected for award based on the evaluation criteria and basis for award as stated in this Solicitation.

“Contract” means the written agreement entered into by TWC and Successful

Bidder, which will incorporate the contents of this RFP and the Successful

Bidder’s Bid, except as may be provided in the Contract and any amendments thereto.

“Contract Term” means the definite period of time that the Contract will remain in effect.

“ESBD” means the Electronic State Business Daily, an online platform, administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract

Page 5 of 29 IFB No 3202500218 awards. The ESBD may currently be accessed at http://www.txsmartbuy.gov/esbd.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code and Title 34 of the Texas Administrative Code

(TAC), § 20.282.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required to be submitted with all Bids for state agency contracts with an expected value of $90,000 or more and where

TWC has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by TWC during the term of the Contract.

“IFB” means this document including all exhibits, attachments, forms, and

Addenda, if any. May also be referred to as Invitation for Bids.

“LWDA” means local workforce development area.

“PCS” means Procurement and Contract Services, a department within TWC’s

Business Operations division.

“PHS” means Procurement and HUB Services, a division of PCS.

“Solicitation” means this IFB, including all exhibits, attachments, forms, and

Addenda, if any.

“SOW” means the scope of work. This is the outline of specific tasks, deliverables, timelines, and responsibilities involved in a project. It serves as an agreement between parties, detailing what work will be performed and the goals to be achieved by the end of the project. Key elements typically included are project objectives, milestones, and quality standards.

http://www.txsmartbuy.gov/esbd

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“State” means the State of Texas and its instrumentalities, including TWC, its officers, employees, or authorized agents, and any other state agencies.

“Subcontractor” refers to a person who contracts with a vendor to work or continue toward completing work for a governmental entity. The term does not include a state agency. The term includes an officer or employee of a state agency when the officer or employee contracts with a vendor in a private capacity.

“Successful Bidder” means the Bidder with whom TWC executes a Contract to provide the goods and/or services that this Solicitation requires.

“TWC” means the Texas Workforce Commission.

“TWIC” means the Texas Workforce Investment Council.

“VPTS” means Vendor Performance Tracking System, as described under Texas

Government Code § 2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas

Government Code § 2155.089 and 34 TAC § 20.509.

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ARTICLE I. PURPOSE, AUTHORITY AND

SCHEDULE OF EVENTS

1.1 Purpose

The Texas Workforce Commission (TWC) is seeking bids for economic data analysis reporting services to provide an analysis of Texas' economic activity by region, including a comparison between findings from the previous analysis conducted in 2007, current and projected (e.g., ten (10) to twenty

(20) year) trends, and regional linkages, with key segments based on county-level data.

Procurement and HUB Services (PHS), a division of Procurement and Contract

Services (PCS), a department within TWC’s Business Operations division, will administer the procurement process for this Solicitation, which includes IFB announcement and publication, Bidder communications, receipt of

Responses, screening of timely received responses, and facilitating the evaluation of qualified Responses. PCS, in coordination with each TWC program, manages the execution of the award, through issuance of Purchase

Order(s) or other Contract document, resulting from this IFB.

This procurement is solicited by TWC on behalf of Texas Workforce

Investment Council (TWIC). Information regarding TWIC and its programs is available online and can currently be accessed at https://gov.texas.gov/organization/twic/purpose.

1.2 Authority

TWC is soliciting the goods and/or services stated in this Solicitation under the authority of Texas Government Code § 2156.001 and in accordance with the Memorandum of Understanding Agreement with TWIC, Section 4(f) effective September 1, 2024.

https://gov.texas.gov/organization/twic/purpose

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1.3 Schedule of Events

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellation made prior to the Deadline for Submission of Bids will be published as an Addendum posted to the

ESBD. Bidder is required to sign and return an Addendum or Addenda with the Bid.

EVENT DATE and TIME

Solicitation posted to ESBD JUNE 18, 2025

Deadline for Submission of Bids JULY 3, 2025, at 10:00 AM Central Time

Anticipated Notice of Intent

Notification

July 2025

Anticipated Contract Start Date August 2025

Bidder must submit its Bid to TWC in accordance with the due date and time as indicated in this Schedule of Events or as changed via a notification of an

Addendum posted to the ESBD.

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ARTICLE II. SCOPE OF WORK

2.1 Overview/Background

a. The Texas Workforce Investment Council (TWIC) was established under

Texas Government Code, Chapter 2308. TWIC assists the Governor and the Legislature with strategic planning for and evaluation of the Texas workforce system.

b. TWIC is statutorily responsible for promoting the development of a well-educated, highly skilled workforce for Texas and advocating for an integrated workforce system that provides quality, relevant services that address the needs of Texas businesses and its workers.

c. TWC is procuring economic data analysis reporting services to provide extensive research and reporting to TWIC. This reporting is needed to fulfill the duties of TWIC enumerated in Texas Government Code, Chapter 2308 and specifically in § 2308.252(e) regarding the redesignation of local workforce development areas (LWDA’s).

d. This reporting will provide clear and critical data to assist in forecasting the growth and expansion of LWDA’s, and for planning future redesignation of these areas that provide vital workforce programs throughout the state of

Texas.

2.2 Description of Services/Scope of Work/Specifications

These specifications are being advertised under Section 2156.001 of the Texas Government Code. Only bids on items conforming exactly to these specifications and terms will be considered in determining an award.

The Successful Bidder must use The Perryman Group’s Texas Econometric Model that was previously used in the 2007 report to analyse the changes in the Texas regions specified below that occurred between 2005 and 2007. This Model has been continuously updated with Texas data and

Page 10 of 29 IFB No 3202500218 must be used to provide a new updated report to assist in forecasting to meet TWIC’s requirements noted in this Solicitation.

a. Economic Data Analysis Report.

The Successful Bidder’s report must include the following elements:

1. An Analysis of Texas’ Economic Activity.

The analysis of Texas’ economic activity must reflect current and projected ten (10) to twenty (20) year patterns and regional linkages.

In addition, county-level data should be the basis for key segments of this analysis. Examples of potential elements include:

i. Local economy

a) Industrial base

b) Export/local commerce and gross product

ii. Labor force and sector characteristics

a) Size and growth

b) Wages and employment

c) Spatial aspects of economic and trade interaction

d) Industrial composition

iii. Demographics

a) Population

b) Work and income patterns across areas

iv. Relevant urban/rural characteristics, as appropriate

2. A Comparison of the Three (3) Geographic Taxonomies in Texas that are used for Planning and Distribution of State and Federal Funds.

The comparison of the three (3) geographic taxonomies must include:

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i. A general assessment of programmatic activities and organizational entities associated with each of the current Texas geographic taxonomies:

a) Local Workforce Development Areas (twenty-eight (28) in total)

b) Governor’s substate planning regions (twenty-four (24) in total)

c) Comptroller’s uniform service regions (thirteen (13) in total)

ii. Information on the intent of the geographies noted above i.e., why they were formed and what the governance structure is.

iii. A comparison of the three taxonomies based on geographic areas.

iv. Data, information, and possible options for consideration to regional and community leaders to assist in the alignment of economic and workforce labor markets with service planning, delivery, and coordination.

3. Discussion of the Findings.

The discussion of the findings must include noting whether any of the existing taxonomies fit current findings; or if not, based on the analysis in report element 1, above, and the information and comparisons in report element 2, above, how Texas might be best divided into significant geographic regions and what a new taxonomy would look like—i.e., the regional divisions, including specifications of the contiguous counties to be included within the divisions.

b. Presentation of Findings.

The Successful Bidder must provide a presentation of the report findings during a regularly scheduled quarterly meeting of TWIC, with thirty (30) hard copies of the report made available at the meeting.

c. Report Format.

The report must be completed and submitted to TWIC, in both hard-copy and electronic copy.

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d. Telephone and Email Support.

The Successful Bidder must provide telephone and email support to provide consultation during normal business hours defined as 8am to 5pm Central Time, Monday through Friday (excluding holidays) during the term of the resulting Contract, if any.

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

The Terms and Conditions identified in the Solicitation Attachment 1 –

TWC Terms & Conditions are applicable to this Solicitation and any

Contract resulting from this Solicitation. TWC reserves the right to incorporate additional provisions in the Contract in the best interest of the state.

In the event of a conflict between this Solicitation and applicable laws and regulations, precedence shall be given to the laws and regulations.

3.2 Contract Award

TWC intends to award one Contract as a result of this Solicitation.

A written notice of Contract Award will be posted on the ESBD, and notification will be sent to all Bidders immediately following execution of the

Contract.

3.3 Contract Term

The Contract Term will commence on the fully executed Contract date and expire one year from Contract execution date. At the end of the initial

Term, TWC will have the sole option to renew the term of the Contract for one (1) additional one-year term. TWC will notify Successful Respondent of renewal at least thirty (30) days prior to Contract expiration.

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The Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the General Appropriations Act, TWC consolidation of offices, or any other disruption of current appropriations, termination provisions of Attachment 1 - TWC Terms & Conditions shall apply.

Following the base term and any allowable renewals or extensions, TWC may extend any resulting Contract for not more than one (1) additional option period to address immediate operational or service delivery needs. If the resulting Contract does not include a defined option period, the extension is limited to one (1) year.

3.4 Price Adjustment

Pricing agreed to in any resulting Contract shall be firm and remain constant based on the price agreed upon at award through the life of the

Contract and any exercised optional renewal terms, if applicable.

3.5 Contract Amendments

The Contract may be amended only by written agreement signed by both the Successful Bidder and TWC.

3.6 No Guarantee of Volume, Usage or Compensation

TWC makes no guarantee of volume, usage, or total compensation to be paid to a Bidder under an awarded Contract, if any, resulting from this

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

3.7 Governmental Entities

If Bidder is responding to this Solicitation in its capacity as a governmental

Page 14 of 29 IFB No 3202500218 entity, certain terms and conditions found in this Solicitation, including exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Bid is received from a governmental entity, TWC reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

3.8 Offer Period

Bids shall be binding for a period of ninety (90) days after the submission due date. A Bidder may extend the time for which its Bid will be honored.

Upon Contract execution, prices agreed upon by the Successful Bidders(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 Successful Bidder unless expressly agreed upon in writing by TWC.

3.9 Costs Incurred

Bidder understands that issuance of this Solicitation in no way constitutes a commitment by TWC to award a Contract. Additionally, TWC is not liable for any costs incurred by a Bidder in the preparation of a response to this

Solicitation. Costs of developing Bids, preparing for, or participating in Oral

Presentations and Site Visits, or any other similar expenses incurred by a

Bidder are entirely the responsibility of the Bidder, and will not be reimbursed in any manner by the State of Texas.

3.10 Public Information Act-Bidder Response

Information, documentation, and other materials submitted in connection with this Solicitation or resulting Contract may be subject to public disclosure pursuant to the Texas Public Information Act, Texas Government

Code, Chapter 552. See Attachment 1 – TWC Terms & Conditions, Section 2.4.

If Bidder asserts that information provided in its Bid is exempt from disclosure under the Texas Public Information Act, Bidder must mark and

Page 15 of 29 IFB No 3202500218 submit two separate, searchable Portable Document Format (PDF) copies

(Original Bid and “Public Information Act Copy,” including attachments, of the Original Bid) as identified below. This copy is in addition to the original and all copies otherwise required under the provisions of this Solicitation).

3.11 Public Information Action-Contract Award

Within five (5) Business Days from Contract execution, the Successful

Bidder must submit a “Public Information Act Copy” of the Original

Executed Contract (in addition to the Original Executed Contract) to the

TWC Contract Manager by email. The Public Information Act Copy must meet the following requirements:

a. The copy must be clearly marked as “Public Information Act Copy” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Arial font or larger);

b. Each portion Successful Bidder claims is exempt from public disclosure must be redacted (blacked out); and

c. Successful Bidder must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection b of this section must be identical to those set forth in the Original Bid as required in Section 3.10. above. The only difference in required markings and information between the Original

Contract and the “Public Information Act Copy” of the contract will be redactions, which can only be included in the “Public Information Act

Copy.” There must be no redactions in the Original Executed

Contract.

3.12 Bidder Waiver-Intellectual Property

SUBMISSION OF ANY DOCUMENT TO TWC IN RESPONSE TO THIS

SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER AND

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AGREEMENT BY BIDDER TO FULLY INDEMNIFY THE STATE OF TEXAS

AND TWC FROM ANY CLAIM OF INFRINGEMENT AGAINST THE

STATE OF TEXAS AND TWC REGARDING THE INTELLECTUAL

PROPERTY RIGHTS OF BIDDER OR ANY THIRD PARTY FOR ANY

MATERIALS SUBMITTED TO TWC BY BIDDER.

3.13 Insurance

For the duration of any Contract resulting from this Solicitation, the Successful Bidder shall acquire insurance, bonds, or both, with financially sound and reputable independent insurers, in the type and amount listed in Attachment 1 - TWC Terms & Conditions Section 3.19.

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

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

3.14 Sanctions and Remedies

3.14.1 General

The Sanctions and remedies will be referred to as “Sanctions.”

3.14.2 Assessment of Sanctions

Once TWC has determined that Sanctions are to be assessed, the Executive Director or Executive Director’s designee shall notify the Successful Bidder of the assessment(s). TWC will withhold Sanctions from payments to the

Page 17 of 29 IFB No 3202500218

Successful Bidder or, if no payments are to be made, TWC will make demand of payment of Sanctions. The Successful Bidder must make payment within thirty (30) days of the TWC’s demand. In the event the Successful Bidder fails to pay within the thirty (30) day period, TWC may make a claim for payment against the performance bond, with or without notice to the Successful Bidder, if applicable.

3.14.3 Failure to Assess Sanctions

The failure of TWC to assess Sanctions in any instance where TWC is entitled to Sanctions under the terms of this Solicitation, or the resulting Contract shall not constitute waiver in any fashion of TWC’s rights to assess Sanctions.

3.14.4 Failure to Notify TWC of a Change of Ownership or Control or Change in Financial Condition.

The failure of the Successful Bidder to notify TWC of a change of ownership or control or change in financial condition as required in Sections 3.16 (Change in Ownership) and 6.2.1 (Change in Financial Condition- Duty to Notify) may result in the Successful Bidder being assessed Sanctions in the amount of one hundred dollars $100 per incident.

3.14.5 Failure to Comply with Disclosure Requirement.

The failure of the Successful Bidder to comply with the disclosure requirement in Attachment 1 - Terms & Conditions, Section 2.3 may result in the Successful Bidder being assessed Sanctions in the amount of one hundred dollars $100 per incident.

3.14.6 Failure to Produce Records or Information as part of

Background Investigation.

The failure of the Successful Bidder to cooperate with and/or produce records or information as part of a background investigation conducted pursuant to Attachment 1 - Terms & Conditions, Section 2.31 may result in the Successful Bidder being assessed Sanctions in the amount of five hundred dollars ($500) per day for each day the records/information are not produced, or answers are not provided.

3.14.7 Failure to Produce Records or Information as part of an

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Audit.

The failure of the Successful Bidder to cooperate with and/or produce records or information as part of an audit conducted pursuant to Attachment 1 - Terms & Conditions, Sections 2.16-2.17 or requested pursuant to Attachment 1 - Terms & Conditions, Section 2.39 may result in the Successful Bidder being assessed Sanctions in the amount of five hundred dollars ($500) per day for each day the records/information are not produced, or answers are not provided.

3.15 Liquidated Damages

3.15.1 General

It is agreed by TWC and the Successful Bidder that:

a. If the Successful Bidder does not provide or perform the requirements referred to or listed in this Solicitation or fulfill the obligations of the

Contract, damage to TWC will result;

b. establishing the precise measure of damages in the event of default by the Successful Bidder may be (i) costly, (ii) time consuming, or (iii) difficult or impossible to calculate;

c. the liquidated damage assessments contained herein represent a good faith effort to quantify the damages that could reasonably be anticipated at the time of execution of the Contract;

d. the damages set forth herein are just and reasonable;

e. nothing contained in this section shall be construed as relieving the

Successful Bidder from performing all Contract requirements whether or not said requirements are set forth herein; and

f. TWC may, therefore, in its sole discretion, deduct damages from the compensation otherwise due to the Successful Bidder, an amount

Page 19 of 29 IFB No 3202500218 equivalent to two percent (2%) of the total cost of services. All assessments of damages shall be within the sole discretion of TWC.

3.15.2 Assessment of Liquidated Damages

a. Once TWC has determined that liquidated damages are to be assessed, the TWC shall notify the Successful Bidder of the assessment(s).

b. Upon receipt of written notice, the Successful Bidder will have ten (10) days to provide a written explanation of any justification that may be applicable to the liquidated damages being considered and a corrective action plan for bringing the operations within the standards specified.

c. TWC has the right to amend the corrective action plan submitted by the Successful Bidder.

d. In all cases, the corrective action plan must be approved by TWC in writing prior to implementation. The corrective action plan must be implemented by the Successful Bidder at no cost to and upon approval by the TWC Contract Manager.

e. Liquidated damages will not be assessed during the specified cure period in the corrective action plan for the activity in question.

f. If the breach is not cured or the Successful Bidder does not provide a written justification and/or approved corrective action plan, TWC will withhold liquidated damages from payments to the Successful Bidder, or, if no payments have been made, TWC will make demand of payment of liquidated damages.

g.

h. The Successful Bidder must make payment within thirty (30) days of

TWC’s demand.

i. In the event the Successful Bidder fails to pay within the thirty (30)

Page 20 of 29 IFB No 3202500218 day period, TWC may utilize the option to withhold any additional payments.

j. Failure to pay assessed liquidated damages within the designated time frame may be deemed by TWC to be a breach of contract.

3.16 Changes of Ownership or Financial Condition

During the term of the Contract or any extension or renewal thereof, the

Successful Bidder shall notify TWC in writing of any substantial change in the ownership or control of the Successful Bidder as soon as possible, but no later than thirty (30) days prior to its occurrence. Successful Bidder must also notify TWC in writing of any change in financial condition as soon as possible, but no later than ten (10) days after its occurrence.

The failure to notify TWC of a change of ownership or control or change in financial condition will be sufficient grounds for rejecting the Bid or terminating the Contract. For the purposes of this section, examples of a substantial change in financial condition are events such as insolvency, bankruptcy, or receivership.

3.17 Severability

If any provision or portion of this Solicitation is illegal, void, or unenforceable, the other provisions will not be affected.

3.18 Franchise Tax-Right to Transact Business in Texas

If applicable, the Texas franchise tax is imposed on each taxable entity formed or organized in Texas or doing business in Texas.

Bidder must be set up in the Texas franchise tax system prior to Contract award if applicable. Texas franchise tax information can be accessed at https://comptroller.texas.gov/taxes/franchise/.

https://comptroller.texas.gov/taxes/franchise/

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3.19 Subcontractor Requirements

Bidder must indicate whether or not it holds any financial interest in any

Subcontractor. As a condition of award, an authorized officer or agent of each proposed Subcontractor may be required to sign a statement to the effect that the Subcontractor has read, and will agree to abide by, Bidder’s obligations under any Contract awarded pursuant to this Solicitation.

The Successful Bidder must obtain prior written approval from TWC if any part of the Contract between TWC and the Successful Bidder is to be subcontracted, and the Subcontractor must comply with all applicable requirements of TWC. TWC reserves the sole right to require the Successful

Bidder to terminate any Subcontractor with or without cause.

In the event TWC approves of the use of any Subcontractor, the Successful

Bidder is not relieved of its responsibility and obligation to meet all the requirements of this Solicitation.

TWC will incur no additional obligations, and the obligations of the

Successful Bidder will not be reduced as a result of any such subcontracts.

The Successful Bidder’s obligation to pay Subcontractors is governed by

Texas Government Code § 2251.022 (Time for Payment by Vendor), and any amendments thereto.

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ARTICLE IV. BID PROCESS

4.1 Inquiries

4.1.1 Sole Point of Contact

The Sole Point of Contact for this Solicitation is:

Andria Craig, CTCD

Email: vendorproposals@twc.texas.gov

4.1.2 Prohibited Communication

Except as provided in Section 4.1.1 (Sole Point of Contact), a potential

Bidder and Bidder that has submitted a Bid is prohibited from any communication with TWC regarding the Solicitation. Unless allowable, TWC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Bidder or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Bidder shall rely only on written statements issued by or through TWC designated staff as provided by the

Sole Point of Contact in Section 4.1.1. Failure to comply with these restrictions may result in disqualification of Bidder's Bid. These restrictions do not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.1.3 Exception to Sole Point of Contact

Exceptions to Section 4.1.1 (Sole Point of Contact) are as follows:

Where it is expressly directed by the Sole Point of Contact that another designated TWC representative may speak to the Bidder, such as during Contract negotiations. A Bidder is required to ensure that communications mailto:vendorproposals@twc.texas.gov

Page 23 of 29 IFB No 3202500218 have been authorized by the Sole Point of Contact before engaging in any such communication. Failure to comply with this requirement may result in the disqualification of a Bidder’s Proposal.

4.2 Bid Composition

4.2.1 General Information

Bidder must fully and completely address all requirements described in this Solicitation. Incomplete or partial Bids will not be considered. The

Bidder must provide all information that the Bidder believes would be helpful to TWC in evaluating the Bidder’s ability to fulfill the Solicitation requirements. Bidder shall prepare a Bid that clearly and concisely represents its qualifications and capabilities.

4.2.3 Changes, Modifications, and Cancellations of Solicitation

TWC reserves the right to make changes to or cancel this Solicitation. TWC will post all changes and modifications, whether made as a result of a potential Bidder’s written inquiries or otherwise, and cancellation notices to the ESBD.

4.3 Bid Submission and Delivery

4.3.1 Deadline

Bids must be received by TWC as prescribed no later than date and time specified in Section 1.3 (Schedule of Events).

4.3.2 Submission Method

You must submit your bid electronically by email to VendorProposals@TWC.TEXAS.GOV. Reference the Title and IFB No.

and the Submission Deadline date and time, in the subject line.

mailto:VendorProposals@TWC.TEXAS.GOV

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In no event will TWC be responsible or liable for any delay or error in delivery. TWC is not responsible for electronic submissions that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any TWC anti-virus or other security software.

Hard copies received will not be accepted or reviewed.

4.3.3 Ownership of Bids

All materials submitted by a Bidder will become the property of TWC and may be used as TWC deems appropriate. A Bid will not be returned to the Bidder.

4.3.4 Modifications and Withdrawals

Prior to the Bid submission deadline in Section 1.5 (Schedule of Events), Bidder may: (1) withdraw its Bid by submitting a written request to the Sole Point of Contact identified in Section 4.1.1 (Sole Point of Contact);

or (2) modify its Bid by submitting a written amendment to the Sole Point of Contact identified in Section 4.1.1 (Sole Point of Contact). When amending its Bid, Bidder must include, in writing, the section(s) of its submission that will be replaced or removed by the amendment.

4.4 Additional Information

By submitting a Bid, the Bidder grants TWC the right to obtain any information from any lawful source, including the Comptroller’s VPTS, regarding the past history, practices, conduct, ability, and eligibility of the Bidder to supply goods and/or services and to fulfill requirements under this Solicitation, and the past history, practices, conduct, ability and eligibility of any director, officer, or key employee of the Bidder. By submitting a Bid, the Bidder releases from liability and waives all claims against any party providing information about the Bidder at the request of TWC.

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TWC may contact references provided in response to this Solicitation. TWC may contact Bidder’s clients or solicit information from any available source, including the Comptroller’s VPTS.

Any information received may be grounds for disqualification if that information, in TWC’s sole discretion, suggests that the Bidder may perform poorly if selected.

4.5 Ambiguity, Conflict, or Discrepancy

Bidders must notify the Sole Point of Contact, Section 4.1.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the IFB.

If Bidder fails to properly and timely notify the Sole Point of Contact (Section 4.1.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, need for clarification, or other error in the Solicitation, Bidder:

a. Waives any claim of error or ambiguity in the Solicitation and any resulting Contract;

b. Submits a Bid at its own risk;

c. May not contest the interpretation by TWC of such provision(s); and

d. Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or TWC’s later correction.

4.6 Changes, Modifications, and Cancellation of Solicitation

TWC reserves the right to make changes to or cancel this Solicitation. TWC will post all changes and modifications, whether made as a result of a potential Bidder’s written inquiries or otherwise, and cancellation notices to the ESBD.

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ARTICLE V. BID EVALUATION

5.1 Screening of Responses

An administrative screening of timely received Bids will be conducted by

TWC to determine which Bids meet all IFB minimum requirements and are deemed responsive and qualified for further consideration. In accordance with Texas Government Code § 2262.055(d), TWC will consider Bidder’s performance as recorded in the CPA Texas Vendor Performance Tracking

System (VPTS), described in Texas Administrative Code, 34 TAC 20.115.

TWC reserves the right to ask questions or request clarification from any

Bidder at any time during the screening process.

5.2 Evaluation

TWC will consider the purchase price and whether the Bidder meets all requirements of this IFB.

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ARTICLE VI. REQUIRED BID INFORMATION

6.1 Execution of Bid

Bidder must complete, sign, and return Form 1 – Execution of Bid. By signing, Bidder agrees to provide the goods and/or services described in this

Solicitation and agrees to abide by all TWC Terms and Conditions as specified in this Solicitation, except to the extent of any exceptions specifically enumerated in Form 1, and in any Contract resulting from an award.

6.2 Financial Soundness

The Bidder must complete Form 3 – Financial Questionnaire unless it is a governmental entity. Failure to include any of the items listed for the appropriate company type may result in disqualification of the Bidder’s Bid.

If TWC learns of a failure to disclose after a Contract has been awarded to the Successful Bidder, the Contract may be terminated.

In the event of such termination, the Successful Bidder shall be liable for all costs associated with the re-procurement, including any increased costs for the services originally awarded.

6.2.1 Change in Financial Condition – Duty to Notify

The Successful Bidder must notify TWC of a change in financial condition during the Contract term and any renewal thereof. If a Bidder experiences a substantial change in its financial condition prior to the award of the Contract, or if the Successful Bidder experiences a substantial change in its financial condition during the term of the Contract or any extension thereof, TWC must be notified of the change in writing at the time the change occurs or is identified. Failure to notify TWC of such substantial change in financial condition will be sufficient grounds for rejecting the Bid or terminating the Contract. For the purposes of this section, examples of a substantial change in financial condition are events such as insolvency, bankruptcy or receivership.

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6.3 Cost Proposal

Cost information must be included as a separate document and presented only in the format set forth in Form 2 – Cost Proposal of this Solicitation.

Pricing agreed to in any resulting Contract shall be firm and remain constant through the life of the Contract.

6.4 HUB Subcontracting Plan

The TWC HUB Program Office has reviewed the requirements of this solicitation and determined that subcontracting opportunities are not probable under the contract. Therefore, Bidders are not required to submit a HUB Subcontracting

Plan with their Bid at the time of submission.

6.5 Optional Bid Submission Checklist

A Bid Submission Checklist (Attachment 2) is provided to assist a Bidder in preparing a responsive Bid. The checklist is not a requirement and does not need to be attached to a Bid. Bidder is responsible for reviewing all Solicitation requirements and ensuring it submits all materials for a complete Bid.

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LIST OF ATTACHMENTS AND FORMS

Attachment 1 TWC Terms & Conditions

Attachment 2 Bid Submission Checklist

Form 1 Execution of Bid

Form 2 Cost Proposal

Form 3 Financial Questionnaire

Form 4 Substitute W-9 and Direct Deposit Form, if applicable

List of Attachments and Forms