ESBD_436340_1755635751011_01. RFP HHS0014800 Nurses Aide Exam.pdf

RFP No. HHS0014800 Page 1 of 36 Version 2.30 Revision Date 04/28/2025

Cecile E. Young, Executive Commissioner

Request for Proposal (RFP) for

Nurse Aide Examination Services

RFP No. HHS0014800

Date of Release: August 19, 2025

Responses Due: See Section 3.1, Schedule of Events

924-20 – Examination and Testing Services

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Contents Article I. Introduction, Definitions, and Authority

1.1 Introduction

1.2 Definitions

1.3 Authority

Article II. Scope of Work

2.1 Statement of Work

2.2 Contract Award, Term, and Historical Compensation

2.2.1 Contract Award and Execution

2.2.2 Contract Term

2.2.3 Historical Compensation

2.4 Data Use Agreement and Security Privacy Inquiry

2.5 No Guarantee of Volume, Usage, or Compensation

Article III. Administrative Information

3.1 Schedule of Events

3.2 Ambiguity, Conflict, or Discrepancy

3.3 Inquiries

3.3.1 Sole Point of Contact

3.3.2 Prohibited Communication

3.3.3 Exception to Sole Point of Contact

3.3.4 Solicitation Questions

3.4 Pre-proposal Conference

3.4.1 Attendance

3.4.2 Conference Logistical Information

3.5 Solicitation Response Composition

3.5.1 General Information

3.5.2 Page Limit and Supporting Documentation

3.5.3 Discrepancies

3.5.4 Exceptions

3.5.5 Assumptions

3.5.6 Binding Offer

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3.6 Solicitation Response Submission and Delivery

3.6.1 Deadline

3.6.2 Submission Option

3.6.3 Submission Checklist

3.6.4 Labeling and Delivery for USB Submission and Other Materials

3.6.5 Modifications and Withdrawals

Article IV. Solicitation Response Evaluation and Award Process

4.1 Conformance with State Law

4.2 Best Value Determination

4.2.1 Selection Methodology

4.2.2 Minimum Qualifications

4.2.3 Initial Compliance Screening

4.2.4 Written Solicitation Response Evaluation

4.2.5 Written Response Evaluation Criteria

4.2.6 Best and Final Offer (BAFO)

4.2.7 Final Written Response Score

4.2.8 Summary of Best Value Determination

4.3 Questions or Requests for Clarification

Article V. Narrative Proposal

5.1 Executive Summary

5.2 Project Work Plan

5.3 Key Staffing Profile

Article VI. Required Respondent Information

6.1 Company Information

6.1.1 Company Narrative

6.1.2 Company Profile

6.2 Authorization to Conduct Business in Texas

6.3 References

6.4 Affirmations and Certifications

6.5 Other Reports

6.5.1 Dun and Bradstreet Reports

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6.5.2 Financial Statements and Financial Solvency

6.5.3 Alternate Report

6.6 Corporate Guarantee

6.7 HUB Subcontracting Plan

Article VII. Cost Proposal

7.1 Cost Proposal

Article VIII. General Terms and Conditions

8.1 General Conditions

8.1.1 Changes, Modifications, and Cancellation

8.1.2 Offer Period

8.1.3 Costs Incurred

8.1.4 Contract Responsibility

8.1.5 Public Information Act - Respondent Requirements Regarding Disclosure

8.1.6 Respondent Waiver – Intellectual Property

8.1.7 Standards of Conduct for Vendors

8.1.8 Disclosure of Interested Parties

8.2 Insurance

8.2.1 Required Coverage

8.2.2 Alternative Insurability

8.3 Protest

Article IX. List of Exhibits

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ARTICLE I. INTRODUCTION, DEFINITIONS, AND AUTHORITY

1.1 INTRODUCTION

The Health and Human Services Commission (HHSC) is seeking proposals for Nurse Aide examination services, which include both written online exams and in-person skills testing, as outlined in this Request for Proposals (RFP).

All Services set forth in this RFP must be provided by Contractor at no cost to HHSC. The Contractor will be paid solely by collecting the Nurse Aide Examination fees.

HHSC PCS will administer the procurement process for this Solicitation, which includes RFP publication, handling of communications from vendors, as well as managing the receipt of Solicitation Responses for review and evaluation.

To be considered for award, Respondents must execute Exhibit A, Health and Human Services (HHS) Solicitation Affirmations Version 2.7 of this Solicitation and provide all other required information and documentation as set forth in this Solicitation.

Information regarding HHSC and its programs is available online and can currently be accessed at https://hhs.texas.gov.

Prior to award of the Contract, Respondent must obtain TX-RAMP Level 2 certification. TX- RAMP Provisional Status does not satisfy the TX-RAMP Certification Level 2 requirement. For this Solicitation, HHSC shall not provide “agency-sponsored” TX-RAMP Provisional Status certification to any Respondent.

1.2 DEFINITIONS

Refer to Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions (UTC) – Vendor, Version 3.4, and Exhibit D, Data Use Agreement (DUA), Version 8.5, for additional definitions (e.g., Contract, Contractor, Deliverable, Effective Date, HUB, Services, Solicitation Response, Subcontractor, System Agency, and Work).

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 HHSC PCS and posted to the ESBD.

“Advancement Criteria” means the published criteria for Respondent to advance to the next phase of evaluation if multiple evaluation methods are utilized.

https://hhs.texas.gov/

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“Award Consideration (AC) Documents” means documents Respondent must submit as part of the Solicitation Response to be considered for negotiations or award.

“Contract Term” means the period of time beginning with the commencement date or Effective Date of a Contract and ending when the Contract expires in accordance with its terms, or when it has been terminated.

“Employability Status Check Search” is a search with return consolidated results from HHS' Nurse Aide Registry, Medication Aide Registry and Employee Misconduct Registry. Results will include subject's status on the individual registries and determination if this status makes the subject unemployable in a regulated facility or agency. Results will not include information regarding criminal convictions.

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

“Final Written Response Score” refers to the final scoring of the written response as documented in the Solicitation.

“HHSC” means the Health and Human Services Commission.

“HHSC PCS” or “PCS” means Procurement and Contracting Services, a division of HHSC.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161.001(2) of the Texas Government Code.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required by Section 2161.252 of the Texas Government Code, for a purchase with an expected value of $100,000 or more when the State agency has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the Contract and Contractor’s compliance with the HSP will be monitored during the Contract Term.

“NATCEP” means the Nurse Aide Training and Competency Evaluation Program, which is a program approved by HHSC to train and evaluate an individual's ability to work as a Nurse Aide in a facility.

“Nurse Aide” means an individual who provides nursing or nursing-related services to residents in a facility under the supervision of a licensed nurse and who has successfully completed a NATCEP or has been determined competent by waiver or reciprocity. This term does not include an individual who is a licensed health professional or a registered dietitian or who volunteers services without monetary compensation.

https://www.txsmartbuy.gov/esbd https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm#2161.001 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm#2161.252

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“Nurse Aide Examination” means a certification exam that measures a candidate's competency as a Nurse Aide. The exam has two parts a written or oral exam and a skills demonstration.

Candidates must pass both parts of the exam to become a certified Nurse Aide.

“Nurse Aide Registry” means a list of individuals who have successfully completed the NATCEP or Competency Evaluation Program (CEP).

“Nursing Facility” means a nursing facility licensed or exempt from licensure under Texas Health and Safety Code, Chapter 242.

“Respondent” means the individual or entity responding to this Solicitation.

“Psychometric Requirements” means measurement and assessment of nurse aid knowledge.

“Personally Identifiable Information” or “PII” means any information that can be used to identify a person, either by itself or when combined with other information. PII can be direct or indirect, and it's not limited to any specific type of information or technology.

“Solicitation” means this RFP including all exhibits, attachments, forms, and Addenda, if any.

“Solicitation Consideration (SC) Documents” means documents that must be submitted by Respondent with the Solicitation Response in order to be considered for evaluation and cannot be resubmitted or have errors remedied after the submission due date and time in the Schedule of Events has passed.

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

“State Quarter” means a three-month period that starts on September 1st and ends on August 31st of the following year that acts as a basis for periodic reporting.

“VPTS” means Vendor Performance Tracking System maintained by the Texas Comptroller of Public Accounts. The VPTS may be currently accessed at https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/.

“TX-RAMP” means the Texas Risk and Authorization Management Program established by DIR that provides a standardized approach for security assessment, authorization, and continuous monitoring of cloud computing services that process the data of a State agency. To become TX- RAMP certified, entities must submit prescribed documentation to DIR. Information regarding TX-RAMP is currently located at: https://dir.texas.gov/information-security/texas-risk-and-authorization-management-program-tx-ramp.

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ https://dir.texas.gov/information-security/texas-risk-and-authorization-management-program-tx-ramp https://dir.texas.gov/information-security/texas-risk-and-authorization-management-program-tx-ramp

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1.3 AUTHORITY

HHSC is soliciting the services stated in this Solicitation under the authority of Texas Government Code Section 2155.144(a),(b), (b-1)(2), and Chapter 1001 of the Texas Health and Safety Code.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.144 https://statutes.capitol.texas.gov/Docs/HS/htm/HS.1001.htm

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ARTICLE II. SCOPE OF WORK

2.1 STATEMENT OF WORK

The Scope of Work for this Solicitation is located in Exhibit E, Scope of Work (SOW).

2.2 CONTRACT AWARD, TERM, AND HISTORICAL COMPENSATION

2.2.1 Contract Award and Execution

HHSC intends to award one (1) Contract as a result of this Solicitation. Any award is contingent upon approval of the Executive Commissioner or their designee.

If, for any reason, a final Contract cannot be executed with a Respondent selected for award within thirty (30) days of HHSC's determination to seek to contract with that Respondent, HHSC may negotiate a Contract with the next highest scoring Respondent or may withdraw, modify, or partially award this Solicitation.

2.2.2 Contract Term

The initial term of any Contract resulting from this Solicitation will be three (3) years. HHSC, at its sole option, may extend any Contract awarded pursuant to this Solicitation for up to two (2) optional one (1) year renewals.

Following the base term and any allowable renewals or extensions, HHSC may extend any resulting Contract for not more than one 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 year.

2.2.3 Historical Compensation

Historical compensation under Contracts with similar scope and size to this Solicitation has been approximately $2,500,000.00 per fiscal year. Notwithstanding Section 2.2.3 (Historical Compensation), HHSC reserves the right to adjust any projected amount based on state funding during the term of a resulting Contract.

2.4 DATA USE AGREEMENT AND SECURITY PRIVACY INQUIRY

By entering into a Contract with HHSC as a result of this Solicitation, Respondent agrees to be bound by the terms of the Data Use Agreement (DUA), Version 8.5, attached as Exhibit D.

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Respondents must complete and return with their Solicitation Response Exhibit D-1, Attachment 2 to the DUA, Security and Privacy Inquiry (SPI), Version 2.1.

Contractor shall ensure that all Confidential Information (as defined in the DUA), including such information residing on back-up systems, remains within the United States. Confidential Information shall not be accessed by Contractor personnel located outside of the United States.

Furthermore, Confidential Information may not be received, stored, processed, or disposed via information technology systems located outside of the United States.

2.5 NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

HHSC 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.

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

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ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Solicitation Posting Date to ESBD AUGUST 19, 2025

Pre-proposal Conference Attendance is Optional

AUGUST 21, 2025, at 1:30 PM Central Time

Deadline for Submitting Questions or Requests for Clarification

AUGUST 22, 2025, at 5:00 PM Central Time

Tentative Date Responses to Questions or Requests for Clarification Posted on ESBD

SEPTEMBER 03, 2025, at 5:00 PM Central Time

Deadline for Submission of Solicitation Responses [NOTE: Responses must be RECEIVED by HHSC by the deadline.]

SEPTEMBER 17, 2025, at 10:30 AM Central Time

Evaluation Period SEPTEMBER 2025

Anticipated Notice of Award JANUARY 2026

Anticipated Contract Start Date JANUARY 2026

Respondents must submit their Solicitation Responses to HHSC in accordance with the due date and time indicated in this Schedule of Events or as changed via an Addendum posted to the ESBD.

NOTE: All dates are tentative and HHSC reserves the right to modify these dates at any time. At the sole discretion of HHSC, events listed in the Schedule of Events are subject to scheduling changes and cancellation. Scheduling changes or cancellation determinations made prior to the deadline for submission will be published by posting an Addendum to the ESBD. After the deadline for submission, if there are delays that significantly impact the anticipated award date, HHSC, at its sole discretion, may post updates regarding the anticipated award date to the Procurement Forecast on the HHS Procurement Opportunities web page. Each Respondent is responsible for checking the ESBD and Procurement Forecast for updates.

https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities

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By submitting a Solicitation Response, Respondent represents and warrants that any individual submitting the Solicitation Response and any related documents on behalf of the Respondent is authorized to do so and to bind the Respondent under any Contract that may result from this Solicitation.

3.2 AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the Sole Point of Contact (Section 3.3.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation in the manner and by the deadline described in Section 3.3.4 (Solicitation Questions).

Respondent submits a Solicitation Response at its own risk.

If Respondent fails to properly and timely notify the Sole Point of Contact (Section 3.3.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation, Respondent, whether awarded a Contract or not:

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

b. Must not contest the interpretation by HHSC of such provision(s); and

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

3.3 INQUIRIES

3.3.1 Sole Point of Contact

All requests, questions, or other communication about this Solicitation shall be made in writing to HHSC PCS, addressed to the person listed below (Sole Point of Contact). Additionally, a phone number is provided for purposes such as instructing a potential Respondent through an IT system or website referenced in this Solicitation. Communications via telephone are not binding.

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. Respondents seeking to contact the Sole Point of Contact should do so via e-mail in order to receive updated contact information.

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Name Amy Castro CTCD, CTCM

Title PCS Purchaser

Address Procurement and Contracting Services Building 1100 W 49th St. MC: 2020 Austin, TX 78756

Phone 512-776-6155

Email amy.castro@hhs.texas.gov

See also, Section 3.3.3 (Exception to Sole Point of Contact) below.

3.3.2 Prohibited Communication

Except as provided in Section 3.3.1 (Sole Point of Contact) and Section 3.3.3 (Exception to Sole Point of Contact), potential Respondents and Respondents are prohibited from any communication with HHSC regarding the Solicitation. HHSC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through HHSC designated staff as provided by Section 3.3 (Inquiries). This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation. Failure to comply with these restrictions may result in disqualification of Respondent's Solicitation Response.

3.3.3 Exception to Sole Point of Contact

Exceptions to Section 3.3.1 are as follows:

a. Where it is expressly directed by the Sole Point of Contact that another designated HHSC representative may speak to the Respondent, such as during Contract negotiations.

Respondents are required to ensure that communications have been authorized by the Sole Point of Contact before engaging in such communication. Failure to comply with this requirement may result in the disqualification of a Respondent’s Solicitation Response.

3.3.4 Solicitation Questions

HHSC will allow written questions and requests for clarification regarding this Solicitation.

Questions must be submitted by e-mail to the Sole Point of Contact (Section 3.3.1) by the deadline established in Section 3.1 (Schedule of Events). Responses to questions or other written requests mailto:amy.castro@hhs.texas.gov

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Revision Date 04/28/2025 for clarification will be consolidated and posted to the ESBD and will not be provided individually to requestors.

HHSC reserves the right to amend answers previously posted, prior to the Solicitation response deadline (Section 3.1). Amended answers will be posted on the ESBD. It is the Respondent's responsibility to check the ESBD. HHSC also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

a. All questions and requests for clarification must include the following information:

1. Solicitation number;

2. Solicitation package reference (page number, section, and exhibit or attachment, if applicable;

3. Question topic (e.g., “Schedule of Events,” or “Exhibit I, Cost Proposal”); and

4. Question for HHSC.

b. Requestor contact information below must be included in the body of the e-mail and submitted with the question(s):

1. Company name;

2. Company representative name;

3. Phone number; and

4. E-Mail address.

Questions or requests for clarification received after the deadline in Section 3.1 (Schedule of Events), may be reviewed by HHSC but may not be answered. Only answers to questions submitted to the Sole Point of Contact in writing, in accordance with this section, are binding.

3.4 PRE-PROPOSAL CONFERENCE

3.4.1 Attendance

HHSC PCS will conduct a pre-proposal webinar. Attendance is optional but highly recommended.

3.4.2 Conference Logistical Information

HHSC PCS will hold the pre-proposal webinar on the date and time set out in Section 3.1 (Schedule of Events).

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact identified in Section 3.3.1 (Sole Point of Contact), at

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Revision Date 04/28/2025 least seventy-two (72) hours before the meeting in order to have reasonable accommodations made by HHSC.

Webinar Information:

https://events.teams.microsoft.com/event/HHS0014800

3.5 SOLICITATION RESPONSE COMPOSITION

3.5.1 General Information

Failure to submit all required Solicitation Response documents in the required format(s) may result in disqualification of the Solicitation Response without further consideration (Section 3.6.3, Submission Checklist). Respondent shall prepare a Solicitation Response that clearly and concisely represents its qualifications and capabilities. Expensive bindings, colored displays, promotional materials, etc. are not necessary or desired. Respondent should focus on the instructions and requirements of the Solicitation.

3.5.2 Page Limit and Supporting Documentation

The narrative/technical proposal should not exceed forty (40) pages and should be formatted for 8 ½" x 11" paper with 1-inch margins and typed in Times New Roman, 12-point font. 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 file, page, section, and/or paragraph where the supporting information can be found.

3.5.3 Discrepancies

In the event of any discrepancies or variations between copies, HHSC is under no obligation to resolve the inconsistencies and may make its scoring and selection decisions, accordingly, including the decision to potentially disqualify a Solicitation Response. If Respondent is required to designate an “Original” Solicitation Response but fails to do so, HHSC, in its sole discretion, will determine the version to be used as the original or may disqualify the Solicitation Response.

If the Respondent submits a redacted Solicitation Response as the “Original,” HHSC will disqualify the Solicitation Response and it will not be evaluated. HHSC will not accept submissions after the “Deadline for Submission of Solicitation Responses” in the Schedule of Events (Section 3.1) to remedy discrepancies or variations in Solicitation Response submissions.

3.5.4 Exceptions

Respondents are highly encouraged, in lieu of including exceptions in their Solicitation Responses, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 3.3.4 (Solicitation Questions).

https://events.teams.microsoft.com/event/bdb00e11-2df5-4157-92f3-1fea372698b5@9bf97732-82b9-499b-b16a-a93e8ebd536b

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Any exception included in a Solicitation Response may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its Solicitation Response, Respondent is required to use the Exceptions Form included as Exhibit J to this Solicitation and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Exhibit J may be rejected without consideration.

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 HHSC.

3.5.5 Assumptions

Assumptions must not be included in a Solicitation Response. All issues or questions that might be advanced or addressed by way of assumption must be submitted as questions or requests for clarification pursuant to Section 3.3.4 (Solicitation Questions). A Solicitation Response that includes assumptions may be rejected and the Respondent disqualified without further consideration. All assumptions included in a Solicitation Response are deemed rejected by

HHSC.

3.5.6 Binding Offer

A Solicitation Response should be responsive to the Solicitation as worded and without 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.

If a Respondent’s ability to enter into a Contract is contingent upon any exception or assumption provided in accordance with Section 3.5.4 (Exceptions), the Respondent may be disqualified from further consideration for Contract award.

3.6 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.6.1 Deadline

Solicitation Responses must be received at the address in Section 3.6.4 (Labeling and Delivery for USB Submission and Other Materials) and time-stamped by HHSC PCS no later than the date and time specified in Section 3.1 (Schedule of Events).

Solicitation Responses received after the deadline specified in Section 3.1 will be rejected and not considered for Contract award.

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3.6.2 Submission Option

a. Submission Option #1: Respondent shall submit two USB drives—one (1) labeled “Original Proposal” and one (1) labeled “Copy”—containing the following documents:

1. Each USB drive must contain one file named “Original” that contains the Respondent’s entire Solicitation Response (except the cost proposal and HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

2. If applicable in accordance with Section 8.1.5 (Public Information Act – Respondent Requirements Regarding Disclosure), each USB drive must contain one file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable

PDF.

3. In accordance with Section 7.1 (Cost Proposal), each USB drive must contain one file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

b. Submission Option #2: Respondent shall submit the following through the Online Bid Room utilizing the procedures in Exhibit F, Health and Human Services (HHS) Online Bid Room Information, Version 1.40:

1. One file named “Original” that contains the Respondent’s entire Solicitation Response (except the cost proposal and HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

2. If applicable in accordance with Section 8.1.5 (Public Information Act – Respondent Requirements Regarding Disclosure), one file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable PDF.

3. In accordance with Section 7.1 (Cost Proposal), must contain one file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

3.6.3 Submission Checklist

Solicitation Consideration and Award Consideration Documents, reference Section 1.2 (Definitions) must be submitted by the deadline for Solicitation Response submissions, reference Section 3.1 (Schedule of Events). Solicitation Consideration Documents will be reviewed as received, and Respondent will not have an opportunity to remedy missed requirements. At its sole discretion, HHSC may request some or all of the Respondents to remedy missing elements of

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Award Consideration Documents. Those marked “SC” are Solicitation Consideration Documents and those marked “AC” are Award Consideration Documents.

The Solicitation Response must be submitted using one of the approved methods identified in Section 3.6, (Solicitation Response Submission and Delivery). Below are the documents required to be submitted with the Solicitation Response. Where searchable PDF files are required, submission of non-searchable (image only) PDF files may result in disqualification from further consideration for Contract award.

A. Proposal and Respondent Information

1. Narrative Proposal (Article V) SC ____

2. Company Information (Section 6.1) SC ____

3. Authorization to Conduct Business in Texas and, if applicable, Franchise Tax Exemption.

(Section 6.2) AC

4. References (Section 6.3) AC ____

5. HHS Solicitation Affirmations (Section 6.4, Exhibit A)

SC

6. Exceptions (if applicable) (Section 3.5.4, Exhibit J) AC ____

7. Other Reports (Section 6.5) AC ____

8. Corporate Guarantee (Section 6.6) AC ____

9. SPI (Section 2.4, Exhibit D -1) AC ____

B. Cost Proposal Article VII; Exhibit I SC ____

3.6.4 Labeling and Delivery for USB Submission and Other Materials

Respondent must deliver Solicitation Responses submitted via USB by one of the methods below.

Overnight/Express/Priority Mail Hand Delivery

Health and Human Services Commission

ATTN: Response Coordinator Tower Building Room 108 1100 W. 49th St., MC 2020

Austin, Texas 78756

Health and Human Services Commission ATTN: Response Coordinator

Procurement & Contracting Services Building 1100 W. 49th St., MC 2020 Austin, Texas

78756

BE ADVISED, all Solicitation Responses become the property of HHSC after submission and will not be returned to the Respondent. It is the Respondent’s responsibility to

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Revision Date 04/28/2025 appropriately mark and deliver the Solicitation Response to HHSC PCS by the specified date. A dated shipping label, invoice of receipt from a USPS or commercial carrier, or any other documentation in lieu of the on-site time stamp WILL NOT be accepted.

Each Respondent is solely responsible for ensuring its Solicitation Response is submitted in accordance with all Solicitation requirements, including, but not limited to, proper labeling of packages, sufficient postage or delivery fees, and ensuring timely receipt by HHSC. In no event will HHSC be responsible or liable for any delay or error in delivery. Solicitation Response must be RECEIVED by HHSC PCS by the Solicitation Response Deadline identified in Section 3.1 (Schedule of Events).

Solicitation Responses submitted via USB by mail or hand delivery shall be placed in a sealed package. The sealed package and the USB drives shall be clearly labeled on the outside as follows:

SOLICITATION NO: HHS0014800

SOLICITATION NAME Nurse Aide Examination Services

SOLICITATION RESPONSE DEADLINE See Section 3.1, Schedule of Event

PURCHASER NAME: Amy Castro CTCD, CTCM

RESPONDENT NAME:

It is Respondent’s sole responsibility to ensure that packaging is sufficient to prevent damage to contents. HHSC will not be responsible or liable for any damage, and damaged Solicitation Responses will not be considered at HHSC’s sole discretion.

HHSC will not be held responsible for any Solicitation Response that is mishandled prior to receipt by HHSC PCS. It is the Respondent’s sole responsibility to mark appropriately and deliver the Solicitation Response to HHSC PCS by the specified date and time. HHSC will not be responsible for late delivery, inappropriately identified documents, or other submission errors that may lead to disqualification or nonreceipt of the Respondent’s Solicitation Response.

3.6.5 Modifications and Withdrawals

Prior to the Solicitation Response submission deadline in Section 3.1 (Schedule of Events), Respondent may: (1) withdraw its Solicitation Response by submitting a written request to the Sole Point of Contact identified in Section 3.3.1 (Sole Point of Contact); or (2) modify its Solicitation Response by submitting a written amendment to the Sole Point of Contact identified in Section 3.3.1 (Sole Point of Contact). When modifying its Solicitation Response, Respondent must include in writing the section(s) of its submission that will be replaced or removed by the amendment.

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ARTICLE IV. SOLICITATION RESPONSE EVALUATION AND AWARD

PROCESS

4.1 CONFORMANCE WITH STATE LAW

Solicitation Responses shall be evaluated in accordance with Texas Government Code Section 2155.144(d). HHSC shall not be obligated to select the lowest priced Solicitation Response but shall make an award to the Respondent that provides the best value to the State of Texas.

4.2 BEST VALUE DETERMINATION

4.2.1 Selection Methodology

Solicitation Responses that meet the minimum qualifications will be submitted to the evaluation team for review and scoring. Each member of the evaluation team will receive a copy of each responsive Solicitation Response. The evaluators will review the Solicitation Responses considering the criteria listed in Section 4.2.5 (Written Response Evaluation Criteria).

Evaluators will individually score the Solicitation Responses. This procurement will utilize an aggregated individual evaluation methodology as outlined by this section.

The following subsections describe the evaluation process, including any criteria for advancement to the various phases of evaluation, if applicable.

4.2.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below:

a. Examiners must be licensed as Registered Nurses (RNs) in Texas and must submit current nursing license;

b. Respondents must have three (3) years experience in exam services;

c. Respondents must be financially solvent and adequately capitalized, as determined based on a review of documentation required by Section 6.5 (Other Reports);

d. Respondents have submitted the Solicitation Response in accordance with Section 3.6, (Solicitation Response Submission and Delivery) including all Solicitation Consideration and Award Consideration Documents, see Section 3.6.3 (Submission Checklist); and

e. Respondents who receive an overall score on the VPTS of less than a “C” may be disqualified from consideration for award.

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4.2.3 Initial Compliance Screening

HHSC will review Solicitation Responses for compliance with the Submission Checklist (Section 3.6.3) and for demonstrated ability to meet the Minimum Qualifications (Section 4.2.2) required to advance to evaluations. Failure to meet the Minimum Qualifications (Section 4.2.2), will result in the disqualification of the Solicitation Response.

HHSC will automatically disqualify any Solicitation Response that does not include one or more of the completed and signed (as applicable) Solicitation Consideration Documents listed in Submission Checklist (Section 3.6.3).

At its sole discretion, HHSC may disqualify any Solicitation Response that does not include all required Award Consideration Documents. Reference Section 3.6.3 (Submission Checklist).

HHSC may contact references provided in response to this Solicitation. HHSC may contact Respondent’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 HHSC’s sole discretion, suggests that the Respondent may perform poorly if selected.

4.2.4 Written Solicitation Response Evaluation

Each member of the evaluation team will read the Solicitation Responses in preparation for evaluation. The evaluation team will score all Solicitation Responses that pass initial screening (Section 4.2.3, Initial Compliance Screening). Solicitation Responses will be scored against the criteria in Section 4.2.5 (Written Response Evaluation Criteria).

Solicitation Responses will be evaluated utilizing aggregated individual scoring and any other methods outlined in Article IV, Solicitation Response Evaluation and Award Process. The individual evaluators’ scores will be aggregated and weighted, resulting in the Final Written Response Scores, unless Interviews or BAFOs are conducted.

4.2.5 Written Response Evaluation Criteria

Solicitation Responses shall be consistently evaluated and scored in accordance with the following criteria. See also, Exhibit G, Evaluation Tool.

a. Qualification and Experience (30%)

b. Project Work Plan (50%)

c. Cost (20%)

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4.2.6 Best and Final Offer (BAFO)

HHSC may, at its sole discretion, following the execution of Section 4.2.1 (Selection Methodology) request BAFOs from all Respondents. The request for a BAFO will allow a Respondent the opportunity to revise its original Solicitation Response, including pricing, only in the manner and form prescribed by the BAFO request, or leave its Solicitation Responses originally submitted. Requests will be sent to the point of contact provided by the Respondent.

HHSC is not responsible for a Respondent’s failure to timely receive the BAFO request.

HHSC reserves the right to request more than one BAFO from each of the selected Respondents.

If a response is submitted to a request for a BAFO, the Final Written Response Scores will be revised in accordance with the stated criteria in Section 4.2.5 (Written Response Evaluation Criteria) as to any changes made to the Respondent’s original Solicitation Response. A request for a BAFO does not guarantee an award or further negotiations.

If BAFOs are requested by HHSC and submitted by the Respondent, they will be evaluated using the criteria stated in the BAFO invitation, scored, and ranked by the evaluation committee. The award will then be granted to the highest scoring Respondent. However, a Respondent should provide its best offer in its original Solicitation Response. Respondents should not expect or assume that HHSC will request a BAFO.

4.2.7 Final Written Response Score

A Respondent’s Final Written Response Score is the score from the Written Solicitation Response Evaluation (Section 4.2.4). If BAFOs are conducted, the Final Written Response Score may be adjusted in accordance with Section 4.2.6, Best and Final Offer. Final Written Response Score may not always determine best value or selection for negotiation and award, see Summary of Best Value Determination (Section 4.2.8) for more information.

4.2.8 Summary of Best Value Determination

The final selection for award will be based on best value, as determined by this section. This includes any scoring adjustments for outliers, best and final offers, or other additional considerations as specified by this Solicitation. Respondents are encouraged to thoroughly review the processes outlined in this section, as it documents the best value considerations to be made by HHSC when selecting a Respondent for negotiation and Contract award.

4.3 QUESTIONS OR REQUESTS FOR CLARIFICATION

By submitting a Solicitation Response, Respondent grants HHSC the right to ask questions, request clarifications and to obtain any information from any lawful source regarding the past history, practices, conduct, ability, and eligibility of the Respondent to supply Goods or Services and to

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Revision Date 04/28/2025 fulfill requirements under this RFP, and the past history, practices, conduct, ability, and eligibility of any director, officer, or key employee of the Respondent. By submitting a Solicitation Response, the Respondent generally releases from liability and waives all claims against any party providing information about the Respondent at the request of HHSC. Such information may be taken into consideration in evaluating the Solicitation Response.

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ARTICLE V. NARRATIVE PROPOSAL

5.1 EXECUTIVE SUMMARY

Respondents must provide an executive summary of their proposal (excluding cost information) that asserts the Respondent is providing, in its proposal, all the requirements of this RFP, including Exhibit E, Scope of Work. The summary must demonstrate Respondent’s understanding of HHSC goals and objectives for this Solicitation.

Respondent must provide present and past experience for completed projects that are most related and/or similar to requirements in this Solicitation. Include project name, client name, location, description and its final cost.

If the Respondent is providing goods or services beyond those specifically requested, those goods or services must be identified. If the Respondent is offering goods or services that do not meet the specific requirements of this RFP, but in the opinion of the Respondent are equivalent or superior to those specifically requested, any such differences must be noted in the executive summary. The Respondent should realize, however, that failure to provide the Goods and Services specifically requested may result in disqualification.

The executive summary must not exceed twenty (20) pages and should represent a full and concise summary of the contents of the proposal.

5.2 PROJECT WORK PLAN

Respondents must describe their proposed processes and methodologies for providing all components of the Scope of Work described in Exhibit E, Scope of Work, including their approach to meeting the Project schedule. Respondents must identify all tasks to be performed, including all Project activities, materials and other products, services, and reports to be generated during the Contract period and relate them to the stated purpose(s) and specifications described in this Solicitation.

Respondent must describe their proposed approach to ensure its exam meets the Nurse Aide Practices as stated in TAC Title 26, Part 1, Chapter 556 and the Texas Curriculum for Nurse Aides in Long Term Care Facilities. Such description must include at a minimum;

a. Respondent’s approach to the online exam registration and fee collection processes;

b. Respondent’s approach to provide exam results timely;

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c. Respondent’s approach to ensure exam content meets Nurse Aide Practices and provide an example of the examination design, and evaluation; and

d. Respondent’s approach to providing the written exam online and manual skills exam.

Respondent must describe their proposed methodology to meet all Transition Plan, Turnover Plan and Security Plan requirements.

5.3 KEY STAFFING PROFILE

Respondents must provide key personnel profiles and resumes including experience with similar past projects for all key staff who will be responsible for the performance of the Services requested under this Solicitation as described in Exhibit E, Scope of Work, Section 1.1.16 (Key Personnel).

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ARTICLE VI. REQUIRED RESPONDENT INFORMATION

6.1 COMPANY INFORMATION

In accordance with Article III, Administrative Information, Respondents must include the following information with their responses:

6.1.1 Company Narrative

Respondents must provide a detailed narrative explaining why they are qualified to provide the Services enumerated in Exhibit E, Scope of Work, focusing on their key strengths and competitive advantages.

6.1.2 Company Profile

Respondents must provide a company profile, including:

a. Their ownership structure (e.g., 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 of each joint venture member or affiliate and the percentage of the parent’s ownership. The entity performing the majority of the Work under any Contract resulting from this RFP, throughout the duration of the Contract, must be the primary bidder. Finally, Respondents must provide their 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;

f. The name, address, and telephone number of Respondent’s point of contact for any questions regarding the Solicitation Response; and

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g. Indicate whether the company has ever been in contract with any Texas state agency. If “Yes,” specify the Contract Term, for what duties, and for which agency.

6.2 AUTHORIZATION TO CONDUCT BUSINESS IN TEXAS

Respondent must be authorized to do business in the State of Texas prior to an award. Respondent must provide a Certificate of Fact from the Texas Secretary of State showing that it is authorized to do business in Texas.

Respondent must be set up in the Texas franchise tax system prior to Contract award unless subject to an exemption under Tax Code Chapter 171, Subchapter B. Respondent must submit in its Solicitation Response a copy of Respondent’s exemption status with the Texas Comptroller. Texas franchise tax information can be currently accessed at https://comptroller.texas.gov/taxes/franchise/.

6.3 REFERENCES

Respondents shall provide a minimum of three (3) references from similar contracts or projects performed, preferably for state and/or local government, within the last three (3) years.

Respondents must verify current contracts and provide the following information:

a. Client name;

b. Contract/project description;

c. Total dollar amount of contract/project;

d. Key staff assigned to the referenced contract/project who will be designated for Work under any Contract resulting from this Solicitation; and

e. Client contract/project manager name, telephone number, fax number, and email address.

6.4 AFFIRMATIONS AND CERTIFICATIONS

Respondents must complete and return with their Solicitation Response Exhibit A, Health and Human Services (HHS) Solicitation Affirmations, Version 2.7.

6.5 OTHER REPORTS

6.5.1 Dun and Bradstreet Reports

Respondents with a Dun and Bradstreet number must include a D&B Credit Insights Report with their Solicitation Response.

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

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6.5.2 Financial Statements and Financial Solvency

a. Respondents must submit electronically in a searchable PDF an annual report for the entity submitting the Solicitation Response, which must include:

1. For years, 2022, 2023, and 2024 of audited financial statements, including all supplements, management discussion and analysis, and actuarial opinions;

2. If applicable, for years 2022, 2023, and 2024 of consolidated statements for any holding companies or affiliates; and

3. A full disclosure of any events, liabilities, or contingent liabilities that could affect

Respondent’s financial ability to perform this Contract. At a minimum, financial statements must include:

i. Balance sheet;

ii. Income statement;

iii. Statement of changes in financial position;

iv. Statement of cash flows; and

v. Capital expenditures.

b. If the Respondent is a corporation that is required to report to the Securities and Exchange Commission (SEC), Respondent must submit its three (3) most recent SEC Form 10K, Annual Reports, pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, Title 15 of the United States Code Chapter 2B, Sections 78m or 78o(d). Financial materials must be submitted electronically as a word searchable

PDF.

c. If audited financial statements are not available, the Respondent must submit unaudited financial information and any other information of the entity submitting the Solicitation Response that the Respondent believes meets the requirements of this section. Reference Section 6.5.3, Alternate Report. If the submitted documents do not provide adequate assurance of financial stability or solvency, HHSC reserves the right to request additional information or to disqualify the Respondent.

d. If the Respondent is either substantially or wholly owned by another corporate (or legal) entity, the Respondent must include the information required in this section for each such entity, including the most recent detailed…