ESBD_447770_1755727297390_RFP #329-26-30001 License Exam Development & Administration Services.pdf

Request for Proposal No:329-26-30001 License Examination Development and Administration Services

NIGP CLASS/ITEM: 924-20

Submission Due Date: October 27, 2025 Submission Due Time 3:00PM CST

Posting Date: August 20, 2025

RFP No. 329-26-30001

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Contents

1. GENERAL INFORMATION 6

1.1. SCOPE 6

1.2. NO GUARANTEE OF VOLUME AND COMPENSATION 6

1.3. COMPENSATION 6

1.4. BACKGROUND 7

1.5. PROJECT OVERVIEW 7

1.6. LEGAL AUTHORITY 7

1.7. CONTRACT TERM 7

1.8 DESIGNATED CONTACT PERSON 8

1.9 SCHEDULE OF EVENTS 8

1.10 PRE-SUBMISSION CONFERENCE 9

1.11 QUESTIONS 9

1.12 CONTRACT DOCUMENTS 9

2 SOLICITATION REQUIREMENTS 10

2.1 SOLICITATION RESPONSE FORMAT 10

2.2 SUBMISSION DEADLINE 10

2.3 LATE RESPONSES 10

2.4 RESPONSE FORMAT AND CONTENTS 10

2.5 ADDENDUM 11

2.6 MODIFICATIONS/CANCELLATION 11

2.7 ACCURACY OF THE SUBMISSION 11

2.8 SUBCONTRACTING 11

2.9 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) SUBCONTRACTING 11

2.10 EVALUTION AND AWARD 12

2.11 ROLES AND RESPONSIBILITIES 13

2.12 TERMS AND CONDITIONS 14

2.13 SUBMISSION COSTS 14

2.14 PUBLIC INFORMATION ACT DISCLOSURES 14

3 MINIMUM REQUIREMENTS 15

4 STATEMENT OF WORK - REAL ESTATE BROKER AND SALES AGENTS 16

4.1 GENERAL REQUIREMENTS 16

4.2 SERVICE REQUIREMENTS FOR EXAMINATION DEVELOPMENT 17

4.3 SERVICE REQUIREMENTS FOR EXAMINATION ADMINISTRATION 18

5. STATEMENT OF WORK - REAL ESTATE INSPECTORS 23

5.1 GENERAL REQUIREMENTS 23

5.2 SERVICE REQUIREMENTS FOR EXAMINATION DEVELOPMENT 24

5.3 SERVICE REQUIREMENTS FOR EXAMINATION ADMINISTRATION 25

6. STATEMENT OF WORK - APPRAISERS 30

6.1 GENERAL REQUIREMENTS 30

6.2 SERVICE REQUIREMENTS FOR EXAMINATION ADMINISTRATION 31

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7 SUBMISSION REQUIREMENTS 36

7.1 PACKAGE 1. - TECHNICAL PROPOSAL 36

7.2 PACKAGE 2. COST PROPOSAL/HSP 39

8 APPENDICES (Saved as a separate PDF document) 41

9 ATTACHMENTS 42

ATTACHMENT A – TEXAS REAL ESTATE COMMISSION AND TEXAS APPRAISER LICENSING & CERTIFICATION

BOARD TERMS AND CONDITIONS 42

ATTACHMENT B – RFP SUBMITTAL REQUIREMENTS CHECKLIST AND PREFERENCES 57

ATTACHMENT C – CONTACT INFORMATION 59

ATTACHMENT D - KEY PERSONNEL LIST 60

ATTACHMENT E - REFERENCE LIST 61

ATTACHMENT F - TERMINATION, CANCELLATION OR LITIGATION 62

ATTACHMENT G - CONFLICT OF INTEREST 63

ATTACHMENT H - EXCEPTIONS 64

ATTACHMENT J – HUB SUBCONTRACTING FORMS (Saved as a separate PDF document) 66

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DEFINITIONS

The following terms, acronyms, and phrases will have the meaning assigned unless the Contract indicates a different meaning.

Addendum A modification of the specifications issued by the Agency and distributed to Respondents prior to the opening of bids.

Agency The Texas Real Estate Commission (TREC), a self-directed, semi-independent agency of the State of Texas and the Texas Appraiser Licensing and Certification Board (TALCB), an independent subdivision of the Texas Real Estate Commission.

AQB The Appraiser Qualifications Board.

ASC The Appraisal Subcommittee.

ARELLO The Association of Real Estate License Law Officials.

Best and Final Offer

(BAFO)

A formal request made to selected respondents of revisions to the originally submitted proposal.

Board The Texas Appraiser Licensing and Certification Board, an independent subdivision of TREC.

Case Study

Commission

Case studies are scenario-based questions. Candidates are presented with a scenario and asked to answer questions based on the circumstances presented in the scenario. Case studies may also be based upon accurate completion of promulgated forms.

Texas Real Estate Commission (TREC).

Contract

The Contract awarded as a result of this solicitation and all exhibits thereto. This RFP, any addendum issued in conjunction with this RFP, the Contractor’s Submission, any BAFO, and subsequent submissions by the Respondent will be fully incorporated therein as exhibits.

Contract Monitor The person designated by TREC to be the primary point of contact between TREC and the Contractor for the purposes of providing day-to-day interaction, instruction, and monitoring of the Contractor’s performance.

Contractor

The Respondent to whom the Contract with the Agency is awarded.

ESBD The Electronic State Business Daily, which is available online at https://www.txsmartbuy.gov/esbd.

Evaluation Team Agency staff designated to review, assess, and score documents submitted in response to the Request for Proposal solicitation.

Examination Form A pre-determined or electronically customized individual examination form that contains items from the various test banks.

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Government Code or

TGC

Texas Government Code.

HUB Historically Underutilized Business (HUB), as defined by Chapter 2161 of the Texas Government Code and 34 TAC §20.282.

HUB Subcontracting Plan (HSP)

Written documentation regarding the use of sub-contractors, which is required to be submitted with all responses to the Agency. Contracts with an expected value of $100,000 or more where subcontracting opportunities have been determined by the Agency to be probable. The HUB subcontracting plan subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by the Agency during the term of the Contract.

Key Personnel Employees or independent contractors considered essential in the performance of the Contract and operating in a managerial or supervisory capacity, including those who establish, develop, or advise on the examination services to be provided to the Agency under the Contract.

PIA Texas Public Information Act, Chapter 552, Government Code, is a series of legislative acts are intended to guarantee public access to governmental information in the interest of providing transparency in government. A link to the Act can be found: https://statutes.capitol.texas.gov/docs/GV/htm/GV.552.htm.

Submission The response submitted by a Respondent to the Agency as a result of this solicitation.

Respondent Any individual or entity submitting response to this solicitation who is capable of providing the requested service.

Purchaser The person designated by the Agency to lead the procurement process for the solicitation. The Purchaser will be the designated point of contact for all communication between the Agency and the Respondents.

RFP Request for Proposal.

TAC The Texas Administrative Code, which is the publication for administrative rules.

TALCB The Texas Appraiser Licensing and Certification Board, an independent subdivision of TREC.

TREC The Texas Real Estate Commission, a self-directed, semi-independent agency of the State of Texas that provides licensing, education, complaint investigation and enforcement services to safeguard consumers in matters of real property services.

Vendor The individual or entity qualified to provide the goods or services sought by the Agency pursuant to this solicitation and who is ultimately selected to carry out the requirements stipulated in this solicitation and any resulting Contract.

Has the same meaning as “Successful Respondent” or “Contractor.”

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1. GENERAL INFORMATION

1.1. SCOPE

The Texas Real Estate Commission and Texas Appraiser Licensing & Certification Board (the “Agency”) is issuing this Request for Proposal (RFP) for qualified vendors to provide license examination development and administration services (“Services”) as outlined in this RFP. This RFP sets forth the requirements for Respondents to provide minimum competency license examinations for candidates who have applied for licenses to be issued by TREC and TALCB.

Mandatory requirements are indicated by “must” or “shall” and must be met without exception. Services described with “may” or “can” are optional or allow for alternative approaches. All requested services and deliverables are detailed in the RFP.

The goal is to secure the Services that offer the best value to the Agency and the State of Texas. One contract may be awarded to a Successful Respondent, though the Agency reserves the right to award none, or issue additional solicitations as needed.

Respondents must include all costs in their proposals and are encouraged to submit their best pricing.

Incomplete proposals or those that fail to meet all requirements will be deemed non-responsive and disqualified.

Below is an overview of the services requested. The corresponding deliverables are described in this RFP solicitation document.

(a) Section 4 - Statement of Work applies to the development and administration of license examinations for TREC as follows:

(1) Real Estate Broker

(2) Real Estate Sales Agent

(b) Section 5 - Statement of Work applies to the development and administration of license examinations for TREC as follows:

(1) Professional Inspector

(2) Real Estate Inspector

(c) Section 6 - Statement of Work applies to the administration of license examinations for TALCB as follows:

(1) Certified General Appraiser

(2) Certified Residential Appraiser

(3) Licensed Residential Appraiser

1.2. NO GUARANTEE OF VOLUME AND COMPENSATION

The Agency does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this solicitation and any resulting contract.

1.3. COMPENSATION

Compensation shall be on a per-examination basis and shall be exclusively from fees paid by persons taking the examination.

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1.4. BACKGROUND

The Texas Real Estate Commission (TREC) oversees the licensing and regulation of real estate brokers, real estate sales agents, real estate inspectors, and professional inspectors. TREC also oversees registration and regulation of easement or right-of way agents and timeshares. TREC is governed by a nine-member commission. All members are appointed by the Governor with the advice and consent of the Senate. Six members are licensed real estate brokers and three are public members. Members serve six-year staggered terms.

The Texas Appraiser Licensing and Certification Board (TALCB) is an independent regulatory subdivision of TREC. TALCB regulates real estate appraisers and administers the Texas Appraiser Licensing and Certification Act (Texas Occupations Code, Chapter 1103). TALCB has its own nine-member board.

TALCB is a nine-member board composed of four certified real estate appraisers and four public members appointed by the Governor to serve staggered six-year terms. The Executive Secretary of the Texas Veterans Land Board (or their designee) is the ex-officio ninth member.

1.5. PROJECT OVERVIEW

The Agency seeks a qualified vendor to: (1) develop licensing examinations in accordance with applicable TREC and TALCB laws and the Texas Administrative Code; (2) administer examinations; (3) maintain a user-friendly website that enables applicants to search and register for examinations, submit payments, and access information; and (4) generate various reports as required. The Contractor must also integrate all service-related information with Accela, the Agency’s current licensing system, receive examination authorizations from the Agency and ensure the communication of results to the candidates and the Agency per the requirements set forth in this RFP.

This solicitation is intended to continue services currently provided under an existing contract, which expires August 31, 2026. The selected Contractor must have test scheduling services fully operational by July 15, 2026, with examinations beginning on September 1, 2026.

1.6. LEGAL AUTHORITY

TREC was created in 1949 by the Texas Legislature under The Real Estate License Act, Chapter 1101, Texas Occupations Code. Chapter 1102, Texas Occupations Code, relates to inspectors. Section 1105.006, Texas Occupations Code, relates to the Agency’s authority to contract. This procurement is solicited in accordance with Chapter 2155, Texas Government Code, and 22 Texas Administrative Code Chapter 535.

1.7. CONTRACT TERM

1.7.1 Initial Contract Term

This Contract shall become effective on the date signed by the appropriate Agency officials, with development of license examinations under the Statement of Work to begin immediately and administration of the license examinations to begin September 1, 2026. The services requested shall be provided for the initial period beginning upon contract execution and ending on August 31, 2028.

1.7.2 Renewal Periods

At the sole discretion of the Agency, this Contract may be renewed for up to two (2), 2-year renewal terms, under the same terms and conditions. Each renewal term will be exercised through a Contract Amendment prior to the expiration date of the Contract.

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1.7.3 Option to Extend

The Agency reserves the right to extend the Contract as needed to complete work already in progress or to complete the procurement process for a subsequent contract. The Contract may be extended for up to ninety (90) calendar days after the end of the final renewal period. This option must be exercised prior to the expiration of the Contract.

To exercise the option to extend the Contract, the Agency will provide written notice to the Contractor. Notwithstanding the termination or expiration of the Contract, provisions related to indemnification, confidentiality, and the right to audit shall survive and remain in effect in accordance with the Contract.

1.8 DESIGNATED CONTACT PERSON

The contact persons identified below are the sole points of contact for this RFP. Any notice or communication required by this RFP must be sent via email to the Agency’s Designated Contact. If Respondents have any questions about the Historically Underutilized Business (HUB) Subcontracting Forms, the Respondent may contact the TREC HUB Coordinator. Any communication outside of these points of contact may result in disqualification of the RFP response.

Designated Contact: Sandy Jones, CTCD, CTCM Email: solicitations@trec.texas.gov

Subject: RFP No: 329-26-30001

TREC HUB Coordinator: Regina Durden, CTCD, CTCM Email: solicitations@trec.texas.gov

Subject: RFP No: 329-26-30001 - HUB

1.9 SCHEDULE OF EVENTS

The solicitation process for this RFP will proceed according to the schedule below. The Agency reserves the right to revise this schedule or any portion of this RFP by a published Addendum on the Electronic State Business Daily (ESBD) website.

Event Date / Time

Publication of RFP on the ESBD August 20, 2025

Deadline for Respondents to submit questions September 15, 2025, 3:00 PM CST

Deadline for Agency to respond to questions September 26, 2025

RFP Submission Due Date and Time October 27, 2025, 3:00 PM CST

Expected Award of Contract* March 1, 2026

REVISIONS TO SCHEDULE. The Agency reserves the right to modify the dates in the schedule of events above upon written notification to prospective Respondents25 through a posting as an addendum on the Electronic State Business Daily (ESBD) website at: https://www.txsmartbuy.gov/esbd. Please search under Agency code 329.

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1.10 PRE-SUBMISSION CONFERENCE

A Pre-Submission conference will not be held.

1.11 QUESTIONS

1.11.1 Deadline

All questions, inquiries, or clarifications regarding this procurement must be submitted in writing by email to solicitations@trec.texas.gov by September 15, 2025, 3:00 PM CST.

1.11.2 Format

The email subject line must state: “RFP No. 329-26-30001, Questions”. All questions must specifically cite the RFP section to which the question refers.

All questions submitted must include the identity of the sender, the sender’s title, company name, mailing address, phone number, and email address, as applicable.

1.11.3 Response

Any questions submitted will be answered at the sole discretion of the Agency in a Question-and-

Answer Document posted on the Electronic State Business Daily (ESBD), available at https://www.txsmartbuy.gov/esbd. Only answers provided in writing by the Agency will be considered an official response.

Except as otherwise provided in this section, upon issuance of this RFP, an employee or representative of the Agency will not answer questions or otherwise discuss the contents of the RFP with any potential Respondent or its representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions unrelated to this RFP.

1.12 CONTRACT DOCUMENTS

Any contract resulting from this RFP may consist of the provisions in this RFP, including its attachments, forms, exhibits and any Addendum, the Successful Respondent’s Response, and the Agency’s Terms and Conditions (collectively the “Contract Documents”). No prior agreement or understanding, oral or otherwise, of the parties or their agents will be valid or enforceable unless embodied in the Contract Documents. In the event of a conflict between the provisions of the Contract Documents, the documents are given the following order of precedence:

1 The Contract;

2 The Agency’s Terms and Conditions;

3 The Best and Final Offer (BAFO), if applicable;

4 The Successful Respondent’s Response to the BAFO, if applicable;

5 The RFP and its attachments, forms, exhibits; and 6 The Successful Respondent’s Response to the RFP.

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2 SOLICITATION REQUIREMENTS

2.1 SOLICITATION RESPONSE FORMAT

The proposal must provide a straightforward, concise description of the Respondent's capabilities to satisfy the requirements of the RFP.

The Respondent’s submission must:

a) be in a searchable Adobe Portable Document Format (*.pdf),

b) include page numbers and contain a single organized, paginated table of contents,

c) be organized and clearly labeled according to the RFP Section 2.4 Response Format and Contents, and

d) not contain audio, video, or embedded fonts.

2.2 SUBMISSION DEADLINE

All responses must be received by the Agency no later than 3:00PM, CST, October 27, 2025 to be considered responsive. Only electronic submissions will be accepted.

The RFP response must be emailed to: solicitations@trec.texas.gov. Mailed or hand delivered RFP responses will not be accepted.

The subject line of the email must be in the following format: RFP No. 329-26-30001 License Examination Services.

NOTE: It is the Respondent’s responsibility to ensure all documents are completely uploaded and submitted electronically by the deadline set forth in this RFP.

2.3 LATE RESPONSES

Respondent must allow adequate time for uploads to ensure submissions are received within the RFP date and time deadline. A submission that is not both: (1) fully complete; and (2) received, by the deadline, will be deemed late.

Further, a submission that is not fully complete and received by the deadline because the response was captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any antivirus or other security software will be deemed late.

In accordance with statute and rule, NO LATE SUBMISSIONS CAN BE ACCEPTED.

2.4 RESPONSE FORMAT AND CONTENTS

The Respondent must demonstrate its understanding of the requested services and must address specifically in writing the Respondent’s approach to providing each requirement in this RFP. Each response must be organized in the manner described below:

2.4.1 Package 1. RFP Technical Proposal

Respondents must prepare and submit all items as outlined and instructed in RFP Section 7.1 Package 1 –RFP Technical Proposal.

2.4.2 Package 2. Cost Proposal/HSP

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Respondent must prepare and submit as a separate file for costs as outlined and instructed in RFP Section 7.2 Package 2 –Cost Proposal.

2.5 ADDENDUM

An Addendum will be issued if an addition or correction becomes necessary after an RFP is issued. The addendum will be posted on the ESBD with the original RFP posting. Respondents are responsible for periodically checking the ESBD for Addendum or additional information.

Respondents are required to acknowledge each Addendum by returning the signature page of the Addendum with the Response. Failure to submit signed acknowledged form may result in disqualification.

2.6 MODIFICATIONS/CANCELLATION

The Agency reserves the right to alter, amend, modify, or cancel this RFP, in whole or in part. In that event, the Agency will make every effort to provide notice of the modification or cancellation.

2.7 ACCURACY OF THE SUBMISSION

The Respondent’s Submission must be true and correct and must contain no cause for claim of omission or error. Submissions may be withdrawn in writing at any time before the submittal deadline.

2.8 SUBCONTRACTING

A Respondent planning to subcontract all or any portion of the work to be performed shall identify the proposed subcontractors. The subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of Respondent. No subcontract under the contract shall relieve Contractor of responsibility for ensuring the requested services are provided.

2.9 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) SUBCONTRACTING

In accordance with 34 Texas Administrative Code (TAC) §20.284, the Agency shall make a good faith effort to utilize Historically Underutilized Businesses (HUBs) in contracts for services (including professional and consulting services) and commodities purchases.

The purpose of the HUB Program is to promote full and equal business opportunities in State contracting for all businesses, in accordance with the statewide HUB utilization goals. The statewide goals are:

(1) 11.2% for heavy construction other than building contracts;

(2) 21.1% for all building construction, including general contractors and operative builders contracts;

(3) 32.9% for all special trade construction contracts;

(4) 23.7% for all professional services contracts;

(5) 26% for all other services contracts; and

(6) 21.1% for commodities contracts.

The Agency shall make a good faith effort to meet or exceed these goals and assist HUBs in receiving a portion of the total contract value of all contracts that the Agency expects to award in a fiscal year. It is the policy of the Agency to achieve the statewide annual program goals by contracting directly with HUBs or indirectly through subcontracting opportunities in accordance with Chapter 2161, Texas Government Code, and 34 TAC §20.284.

The Agency identifies HUB vendors from the Texas Comptroller of Public Accounts (CPA) Centralized Master Bidders List (CMBL). The CMBL is an online directory, maintained by the Statewide Procurement

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Division (SPD), where the vendors register to receive bidding opportunities from the State. For more information, please visit: https://comptroller.texas.gov/purchasing/vendor/hub/.

The Agency’s Mentor-Protégé Program is designed to foster long-term relationships between prime contractors and HUBs. These relationships should result in an increase in the ability of HUBs to contract with the state or to receive subcontracts under a state contract. Participation in the program is voluntary for both mentors and protégés.

For more information, please visit https://comptroller.texas.gov/purchasing/vendor/hub/mentor.php

2.10 EVALUATION AND AWARD

The Agency will conduct a fair, comprehensive, and impartial evaluation of all submissions received in response to this RFP using an evaluation team. The Agency will select, and award based on best value in accordance with Texas Government Code §2155.074.

2.10.1 Initial Screening

In addition to the criteria listed below, the Agency also reviews additional Pass/Fail criteria as follows:

1) A completed RFP Response packet with all of the minimum requirement submission documents.

2) Financial Review - DUNS Number and report is a Pass/Fail review conducted by the Finance Group.

3) Compliance with applicable provisions of §§2155.074, 2155.075, and 2156.007, , Government Code. Respondents may fail this selection criterion for any of the following conditions:

a. A score of less than C in the Vendor Performance System;

b. Currently under a Corrective Action Plan through the CPA, having repeated negative

Vendor Performance Reports,

c. Having purchase orders that have been cancelled in the previous twelve (12) months for non-performance (including but not limited to late delivery, etc.).

2.10.2 Weighted Evaluation Criteria

Submissions will be evaluated based on the criteria and relative weights listed below:

General Compliance and Requirements 25% Examination Development and Administration 35% Candidate Services, Reporting and Misc Services 30% Cost 10% 100%

The Submissions will be opened by the Purchaser and objectively evaluated by the Evaluation Team in accordance with the criteria specified in this RFP.

The Evaluation Team will consider only those responses that meet the minimum requirements of the RFP. After the initial evaluation, Respondents considered acceptable for final selection may be invited to make a presentation and discuss the Respondent’s Submission. Respondents may be requested to make an oral presentation of their Submissions to the RFP Evaluation Team prior to an award. Respondents will be notified of the time and location of any such oral presentations.

Such presentations, if requested, will be at the convenience of the Agency and will be at the presenting Respondent’s sole cost and expense.

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2.10.3 Presentations, Revised Offer

The Agency in its discretion shall make the determination whether to request presentations and/or engage in a revised offer process. Both presentations and the revised offer process, if held, may be scored.

The Agency reserves the right to continue to evaluate Responses until the best value for the State is obtained, as defined by Section 2155.0074of the Texas Government Code.

2.10.4 Negotiations

At the conclusion of the evaluation, presentations, and revised offers (if applicable), as described in Sections 2.10.1 (Initial Screening) through 2.10.3 (Presentations, Revised Offer) above, the Agency shall determine the number of Respondents, if any, with whom it will initiate contract negotiations. The Agency reserves the right to terminate negotiations at any time and for any reason, including but not limited to the determination that no Respondent offers the best value for the State. Initiating negotiations does not obligate the Agency to award a contract, and the Agency may elect not to award if it determines that no Respondent meets the requirements or offers the best value for the State.

2.10.5 Award of Contract

TREC, with possible delegation to the Executive Director, shall approve the decision to award any Contracts, if in the best interest of TREC to do so. The decision of TREC or the Executive Director on any award is final. Any award for this RFP shall be posted on the Electronic State Business Daily, https://www.txsmartbuy.gov/esbd, upon execution of a Contract with one (1) or more Successful Respondents.

.All Responses and working papers submitted pursuant to this RFP are subject to the Public Information Act, Chapter 552, Government Code, but may be withheld from disclosure under applicable exemptions until all contracts resulting from this RFP have been executed.

2.11 ROLES AND RESPONSIBILITIES

2.11.1 Agency Responsibilities

The Agency agrees to meet the following requirements during the Contract term:

a. Designate a representative to be the Contract Monitor. The Contract Monitor will be the primary point of contact for the purposes of providing day-to-day interaction, instruction, and monitoring of the Contractor’s performance;

b. Provide technical staff to assist with coordination between the Contractor and the Agency;

c. Provide subject matter experts as needed;

d. Collaborate with the Contractor to ensure success of the project;

e. Approve all schedules and deliverables; and

f. Work with the Contractor on all product and performance related issues.

2.11.2 Contractor Responsibilities

The Contractor must meet all the following requirements during the Contract term:

a. Designate a representative to be the Respondent’s Primary Contact for the purposes of scheduling, reporting, exam development and administration, contract management, and day-to-day management of services;

b. Provide the necessary staff to fulfill deliverables and requirements in accordance with the agreed upon schedule or services;

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c. Collaborate with the Agency to ensure successful implementation and execution of ongoing services;

d. Be honest, open, courteous, respectful, and fair in all contact with the Agency; and

e. Identify and communicate any risks to the service to the Agency’s Contract Monitor.

2.12 TERMS AND CONDITIONS

The Agency’s Standard Terms and Conditions, Attachment A, is incorporated and made a part of this solicitation and any resulting Contract.

Respondents should review all terms and conditions to ensure adherence. Any and all exceptions must be listed in Attachment H, Exceptions. If there are no exceptions, the Respondent must indicate that the Respondent takes no exception to any part of this RFP. Note: Exception may result in the Contract not being awarded to the Respondent.

If Respondent does not take exception to any requirements, terms, or conditions of this RFP, Respondent will be deemed to have accepted such requirements, terms, or conditions as is.

Note: Changes in State law may necessitate modification, from time to time, to the Agency’s Standard Terms and Conditions, Attachment A.

2.13 SUBMISSION COSTS

The Agency will not reimburse a Respondent for any Submission costs related to this RFP. Respondents are responsible for expenses related to the response preparation and submission.

2.14 PUBLIC INFORMATION ACT DISCLOSURES

Following the award of a Contract, responses to this RFP are subject to release as public information pursuant to Chapter 552 of the Texas Government Code (“the Public Information Act”) unless the Submission or specific parts of the Submission can be shown to be exempt from the Public Information Act. All Respondents are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information disclosed in their Submission. The Agency assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents.

In the event the Agency receives portions of a Submission marked “CONFIDENTIAL” as specified above, the Agency shall forward such request to the Office of the Attorney General of Texas (“Attorney General”) for an opinion on whether such information may be withheld from disclosure under the Public Information Act. The Agency will notify Respondent whose Submission is the subject of the request when the information is forwarded to the Attorney General. The Agency assumes no obligation for asserting legal arguments on behalf of Respondent. Respondents are advised that the Agency is obligated to comply with the decision of the Attorney General, including any decision calling for the release of information marked “CONFIDENTIAL” by a Respondent.

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3 MINIMUM REQUIREMENTS

Respondents must meet the minimum qualifications listed below. Responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence in statistics, psychometrics, and test development, or that indicate a failure to comprehend the risk and complexity of a potential Contract may be rejected, in the sole discretion of the Agency.

3.1 Respondent shall be in the business of providing, managing and performing examination services, emphasizing involvement in real estate, inspector and appraisal programs and have a minimum of five (5) years of professional experience providing services comparable to the services described in the RFP.

3.2 Respondent must have qualified staff dedicated to the project. Respondent must specifically detail the qualifications, education, training, experience, and certifications of the key staff that will provide services under any contract resulting from this solicitation.

3.3 Key personnel must have a minimum of two (2) years of experience in managing projects similar to those required in this RFP.

3.4 Respondent must establish and maintain testing facilities throughout Texas comparable to or exceeding the current availability of exam services. See Appendices A, C, and E.

3.5 Respondent shall be in good financial standing. Respondents not in good financial standing will be disqualified.

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4 STATEMENT OF WORK - REAL ESTATE BROKER AND SALES AGENTS

4.1 GENERAL REQUIREMENTS

This Statement of Work applies to the development and administration of license examinations for real estate broker and sales agent candidates.

4.1.1 Relevant laws and rules. Chapters 1101 and 1102, Texas Occupations Code, and TREC Rules, 22 TAC Chapter 535, may be downloaded at www.trec.texas.gov.

4.1.2 General TREC Examination Requirements: The number of real estate broker and sales agent examinations administered per site and per type for the period of September 1, 2023 through August 31, 2024 is shown on Appendix A. A current schedule of exam availability is shown on Appendix B.

(a) Section 1101.401 of the Texas Occupations Code establishes statutory requirements for administration of the real estate sales agent and broker examinations and specifies that the examination for a sales agent license shall be less exacting and less stringent than the examination for a broker license.

(b) The real estate sales agent and broker examinations consist of two parts: a national portion examination and a state portion examination. A candidate must successfully pass both parts of the examination to qualify for a license unless the candidate is otherwise exempt from taking the national examination under TREC rules.

(c) Section 1101.401 of the Texas Occupations Code provides that the examination for a real estate sales agent or broker license must be satisfied not later than one (1) year after the date on which the application for a license is filed. At present, sales agent candidates have four (4) hours to complete 125 graded questions on the examination; broker candidates have four (4) hours to complete 145 graded questions. The state portion of the broker examination contains 10 case studies. The state portion of the sales agent examination may include case studies.

(d) The national portion of the real estate sales agent and broker examinations must be accredited by ARELLO. Respondents must provide an accreditation letter from ARELLO showing valid dates of exam accreditation. Information can be found at:

https://www.arello.org/programs/examination-accreditation/.

(e) Section 1101.405 of the Texas Occupations Code provides that if a license candidate fails either or both portions of the examination three (3) consecutive times, the candidate may not apply for reexamination or submit a new license application until additional education requirements are met.

(f) Section 1101.401 of the Texas Occupations Code requires each applicant to be furnished with study material and references on which the examination will be based. This information is presently provided to TREC license applicants in a candidate handbook.

4.1.3 Fees: The current fee for both portions or one portion of the sales agent exam is $43.00. The current fee for both portions or one portion of the broker exam is $39.00. A remittance is issued to TREC by current contractor per candidate per exam registration. There is no statutory limitation of the cost of the examination fee, except that pursuant to Chapter 55, Texas Occupations Code, the Agency may waive examination fees for certain military service members, military veterans, and military spouses.

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Examination fees must be firm for the initial term of the contract and for all subsequent renewal periods. All examination fees must be collected from candidates by the Successful Respondent.

The Agency assumes no liability or responsibility for the collection of examination fees. The examination fee must include $25.00 that the Respondent shall collect and remit to TREC per candidate each time the candidate registers for the exam. The process for fee collection and remittance of fees due to the Agency shall be communicated and mutually agreed upon, prior to contract award with Successful Respondent.

4.1.4 Refunds: Refund policies must be straightforward, documented, and clearly explained in the proposal. The refund policy must set forth the circumstances under which an examination fee will be fully refundable. In cases where the fee is not fully refundable, the policy must describe in detail whether any part of the fee will be refunded, how they will be refunded, and the timeframe of the refund.

4.2 SERVICE REQUIREMENTS FOR EXAMINATION DEVELOPMENT

The scope of work to be performed is demonstrated in the requirements listed below. The Respondent must describe how they intend to meet or exceed these requirements. The Respondent must also describe any Agency resources needed to meet these requirements.

4.2.1 Job Analysis: A job analysis is required of the Successful Respondent.

(a) Describe a plan for conducting a job analysis in Texas to determine core competencies related to Texas laws, rules, contracts and Texas-specific special topics, at a minimum, necessary for entry level sales agents and brokers. Include key job tasks and anticipated timelines. Describe the rationale for the approach taken with the job analysis including anticipated benefits and outcomes. Include the frequency at which state job analysis will be performed to ensure exam content remains current and accurate. The State job analysis must be initiated no later than 30 days after the contract is awarded.

(b) A detailed explanation of the job analysis performed to determine the national exam content outline is required. If the Respondent does not have a national real estate content outline, an explanation of the job analysis that will be performed to establish national exam content must be included. Describe the frequency at which national exam content job analysis will be conducted to ensure exam content remains current and accurate.

4.2.2 Examination Construction: Separate two-part multiple-choice tests are currently required for the real estate sales agent and broker license examinations. Each requires a national portion and a state portion. The state portion of the broker exam currently includes ten (10) case studies. The state portion of the sales agent exam may include case studies. Respondents must submit a proposal that provides for each two-part examination that meets the requirements of this section.

Respondents may submit a proposal that provides for examinations that do not solely consist of multiple-choice questions. A detailed explanation of the form, benefit, and previous use of any such alternative exam component should be included with the proposal. The national portion of each examination must be composed of items covering the general real estate principles and practices as determined by a national job analysis. The state portion of each examination must be composed of items covering Texas real estate laws and practices as determined by a state job analysis. Successful candidates must pass each of the two parts.

(a) The state portion of the sales agent exam shall consist of at least 40 total scored test items.

The national portion of the sales agent exam should consist of at least 80 scored test items.

The state portion of the broker exam should consist of at least 50 scored test items. The national portion of the broker exam should consist of at least 80 scored test items.

Respondents shall include a recommendation for the number of test items proposed per examination and the time allowed for completion of each part of the examination or an overall

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(b) Test items prepared for the state portion of the real estate sales agent and broker examinations will become the property of TREC.

(c) Current test items for the state portion of the real estate sales agent and broker examinations will be provided to the Respondent who is awarded the contract. The current exam bank consists of 370 test items for the state portion of the sales agent examination and 331 test items for the broker examination. Some of the items are used in both the sales agent and broker exams.

4.2.3 Examination Item Development: Describe the method of ongoing test development for candidates for the real estate sales agent and broker examinations. Include a discussion of the proposed procedures for pretesting, test item review and test form updates. Indicate whether the Respondent will include new test items in the test forms as part of item development. Procedures should ensure, in a manner consistent with accepted test construction standards, that all items are reviewed and determined acceptable for use in the assessment of entry level for the four (4) examinations.

(a) Describe a process for TREC to review and approve items in the item bank for all examinations and to review new items as developed prior to inclusion in an examination. The Respondent must provide a plan in the proposal for at least one item writing session and one item review session every twelve months for the Texas portions of the real estate sales agent and broker examinations. At a minimum, the Respondent must also replace or materially revise all examinations annually.

(b) Following changes in Texas law or rules adopted by TREC, the Respondent must replace or revise affected test items within thirty (30) days after the effective date of such change.

(c) At the Respondent’s expense, the Respondent must provide TREC with electronic copies of final versions of the item banks for the Texas portions of the real estate sales agent and broker examinations upon request.

4.2.4 Examination Quality Control: Describe methods of ensuring that examinations are developed and produced accurately and under secure conditions. Indicate the amount of time from test item approval to use in exam forms.

4.2.5 Technical and Statistical Examination Analysis: Provide a detailed description of the scoring method applied ensuring comparability across examinations of differing difficulty levels.

4.2.6 Passing Score Studies: Describe methodology applied to determine the most appropriate passing standard for each of the examinations. Currently, for a real estate candidate to successfully pass the examination, a passing grade of 70% is required for each portion of the sales agent exam and a passing grade of 75% is required for each portion of the broker exam. If one portion is not successfully passed, the candidate obtains credit for the portion passed and only needs to re-take the portion where the required score was not obtained.

4.3 SERVICE REQUIREMENTS FOR EXAMINATION ADMINISTRATION

4.3.1 Examination Delivery: Describe a detailed plan to deliver the license examinations under secure conditions, by electronic testing at statewide locations and frequencies comparable or more frequently than currently being offered by TREC’s current exam contractor. The examination cost will be reported separately in accordance with Section 7.2. of the RFP (Attachment I – Cost Proposal).

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4.3.2 Evaluation: The Respondent must administer an evaluation form approved by TREC to each candidate upon completion of the examination, evaluating the content and context of the examination and the Respondent’s overall performance on this phase of the application process.

(a) The time required to complete this form should be no more than two (2) minutes. The current examination evaluation form consists of thirteen (13) questions covering the candidate handbook, exam site, computerized testing, registration process and exam content. Rating choices are excellent, good, average, and poor. Candidates are also provided an opportunity for open-ended comments.

(b) A summary of these evaluations must be submitted to TREC weekly, including all responses to open-ended questions, for the first six (6) months of the contract and monthly thereafter.

4.3.3 Electronic Testing System: Provide a detailed description of the Respondent’s electronic testing system. Identify any parts of the system subcontracted to another vendor. Indicate whether printed illustrations, photographs, or drawings will be used as supplements to computerized questions.

4.3.4 Examination Security: Describe the measures taken to discourage memorization, cheating, theft and other threats to the security and confidentiality of examination materials or any processes.

4.3.5 Candidate Identity Verification: Describe a plan for the Respondent to ensure the identity of the candidate and that the candidate is the applicant registered for and scheduled to take the examination. Palm vein scans are not acceptable.

4.3.6 Candidate Handbook/Study Material: Describe a plan for producing and distributing a candidate handbook containing all of the required information about the examinations, locations, testing process and the process for registering and scheduling the examinations. Not all candidates will have access to online services, so the Agency expects the Successful Respondent to provide a printed and mailed version of the handbook, upon request of any candidate.

(a) Describe a plan for producing and distributing detailed study guides at no cost for each examination which include, at a minimum, an examination content outline with at least 50 sample questions and a list of textbooks or other reference materials to prepare an applicant for the examination.

(b) The study guide must indicate the basic knowledge the candidate must possess to receive a passing score; for example, the real estate sales agent candidate must know which of the TREC promulgated contract forms to use in specific situations.

(c) The study guide can be included as part of the candidate handbook or provided as a separate document to the candidates.

4.3.7 Candidate Registration: TREC will provide the Respondent the names of the candidates who have qualified for the examination by license type. TREC will notify candidates of their qualification and provide instructions to them. Respondent shall:

a. Describe procedures for candidates to register for exams in a clear and efficient manner;

b. Describe the procedure for the notification and scheduling of candidates, including the procedures for retaking only one of the two portions of the sales agent and broker examinations;

c. Describe how scheduling may be done online or by telephone and whether such services are to be provided by the Respondent or a subcontractor;

d. Indicate a scheduling time guarantee with a maximum time from date of registration;

e. Describe a procedure for ensuring that only the appropriate portion of an examination is administered to a candidate who has successfully completed one of two parts of an examination;

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f. Describe a procedure for ensuring that candidates who do not pass one or both portions of the exam after three (3) consecutive unsuccessful attempts will be unable to register and retest until statutorily required additional education requirements have been met; and

g. Provide a description or screen shots of the process by which candidates register for exams.

4.3.8 Candidate Inquiries: Describe the services the Respondent will provide in responding to inquiries and resolving concerns in a timely, efficient manner. The description should include a statement as to the days and times when such support services are available. Indicate if these services are to be provided directly by the Respondent or a subcontractor. Successful Respondent will not use a customer contact center located outside of the United States for communications with the Agency or examination candidates.

4.3.9 Test Sites and Personnel: Describe a plan for the Respondent’s operation of testing sites, to include the use of competent and trained personnel. Indicate the proposed locations for test sites with the number of examination booths per site and whether such sites are currently operational.

Note the proposed hours of operation during which times examinations may be taken, and measures to accommodate increased demand in specific areas as needed. Indicate also whether Texas examinations may be administered at sites outside Texas or the United States. Identify any parts of the operation that will be subcontracted to another vendor. Specify any existing or contemplated restrictions on use of sites or computer time for Texas candidates such as commitments for other examination programs. Current geographic exam availability is identified in Appendices B, D, and F.

(a) Explain the procedures for monitoring and maintaining effective operations at each test site, including staff training planned in order to maintain high-quality and uniform testing conditions.

Describe methods of evaluation of test sites to ensure compliance with the Americans with Disabilities Act (ADA) requirements and methods for evaluation of staff planned during the contract period. Provide sample manuals used by the Respondent in other states or agencies for training and uniform and professional test administrations.

(b) Describe security measures to be followed at each test site and procedures for handling suspected breaches of security. Respondents are responsible for securing the necessary test sites for the term of any contract, including any extensions thereof.

4.3.10 Special Administrations: Describe a plan for conducting special examination administrations for candidates whose religious beliefs prevent them from taking an examination on a specific day or whose disabilities…