ESBD_448305_1755812775906_RFP 452-26-BLC012 Tow Fee Study.docx

RFP No. 452-26-BLC012

PRIVATE PROPERTY TOWING FEE STUDY AND RECOMMENDATION

REQUEST FOR PROPOSALS (RFP)

FOR

PRIVATE PROPERTY TOWING FEE STUDY AND

RECOMMENDATION

RFP NO. 452-26-BLC012

NIGP CLASS / ITEM: 961/96

DEADLINE FOR PROPOSAL SUBMITTAL:

SEPTEMBER 11, 2025, AT 2:00 PM CZT

POSTING DATE: AUGUST 21, 2025

TEXAS DEPARTMENT OF LICENSING AND REGULATION (TDLR)

REQUEST FOR PROPOSALS

SIGNATURE PAGE

ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF THIS SOLICITATION - ANY EXCEPTIONS THERETO MUST BE IN WRITING.

LATE PROPOSALS WILL NOT BE CONSIDERED UNDER ANY CIRCUMSTANCE.

Contract awards once finalized will be posted on https://www.txsmartbuy.gov/esbd.

Proposer must sign the proposal and the laws of the State of Texas must prevail on all proposals. By signing this signature page, Proposer certifies that if a Texas address is shown as the address of the Proposer, Proposer qualifies as a Texas Resident Bidder as defined in Texas Government Code Section 2155.444.

The Payee Identification Number (PIN) is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. This number needs to be entered in the spaces provided below. If this number is unknown, enter your federal Employer’s Identification Number.

PIN: ______________________________________ Phone: (_____) ______________________

Business Name: ______________________________ Fax Number: (_____) _________________

Address: _____________________________________ HUB Certified? [ ] Yes [ ] No

City-State-Zip: _____________________________ HUB #: ______________________

Email Address: ____________________________________

Signature: ___________________________ Print Name: ____________________________

AWARD NOTICE: TDLR reserves the right to accept or reject all or any part of a proposal and waive minor technicalities. TDLR must award the contract to the Proposer who best serves the interests of the State, if any.

RFP SUBMISSION DEADLINE: SEPTEMBER 11, 2025, AT 2:00 PM CZT

NOTE: THIS FORM MUST BE COMPLETED AND RETURNED WITH PROPOSAL

Table of Contents

1.0 Introduction/Background

1.1 Executive Summary

The Texas Department of Licensing and Regulation (TDLR) provides oversight for a broad range of occupations, businesses, facilities, and equipment in Texas. We protect the health and safety of Texans and ensure they are served by qualified professionals.

Chapter 51 of the Texas Occupations Code establishes TDLR and sets the framework for the agency’s responsibilities. The Texas Commission of Licensing and Regulation is TDLR’s governing board and policy-making body, made up of seven public members appointed by the Governor with the consent of the Texas Senate. By law, no commissioner may have any business interests in a profession regulated by TDLR. TDLR and the Commission work in partnership with more than 30 advisory boards composed of dedicated public servants.

1.2 Statutory Authority

This procurement is in accordance with the Texas Government Code, Chapters 2155, 2156 and/or 2157, as applicable, Texas Occupations Code § 2308.0575, and applicable rules. Texas Occupations Code § 2308.0575(b) requires the Commission to contract for a study on private property towing fees for it to adopt rules that establish the fees that may be charged by towing companies for private property tows, the maximum amount that may be charged for other related fees in connection with private property tows, if any, and the maximum amount that may be charged for other private property tows depending on the motor vehicles gross weight. Texas Occupations Code § 2308.0575(a).

1.3 Historical Background

This historical background is included to allow the Successful Respondent information on which it can provide TDLR with an effective methodology and specific costs to perform a comprehensive private property towing fee study which can take into a path by which the objectives are accomplished through the sole use of the Successful Respondent’s resources, or a hybrid which combines the Successful Respondent and TDLR resources to collect necessary data.

In 2010, a report (Study of Private Property Towing Fees: Rates for Private Property Towing in Texas with Justification) was prepared for TDLR by Morningside Research and Consulting, Inc. (Morningside) on a statewide study of private property towing fees. This full-scale study established a weighted formula based on records of towing tickets for private property tows and a cost analysis using financial information provided by towing companies. This study also recommended weightings for labor costs, fuel, truck depreciation, repairs and maintenance based on three cost components: the consumer price index for urban wage earners and clerical workers, the Internal Revenue Service mileage rate for business reimbursement for automobile mileage, and the consumer price index for all urban consumers (CPI-U). TDLR adjusted private property towing fees in 2012 and 2015.

Two years later, TDLR again contracted with Morningside in 2012 (Feasibility and Effects of Implementing a Maximum Fee for Incident Management Towing in Texas) for a limited study to determine if a maximum incident management (“IM”) towing fee could be established. This study was purely exploratory as current law did not allow for the establishment of that type of towing fee. The purpose of the study was to determine if it would be feasible to adopt legislation to regulate medium and heavy-duty vehicle IM towing fees as those rates tended to be extremely high and were inconsistently set by county and municipal authorities. Texas continues to not have legislation setting a maximum IM towing fee for medium and heavy-duty vehicles.[footnoteRef:2] [2: Standard IM tows include vehicles with a gross weight rating of 10,000 pounds or less; Medium-duty tows include vehicles with a gross weight rating between 10,000-25,000 pounds; and Heavy-duty tows include vehicles with a gross weight rating of 25,000 pounds or more.]

Both studies compiled data through a variety of means employing: (1) focus groups and industry comments from towing industry representatives, private property managers and owners, law enforcement, insurance industry, towing associations, and other stakeholders; (2) surveys of towing companies regarding opinions on local regulations, cost drivers, equipment and procedures, and billing and payment issues; (3) collection of towing tickets for private property tows; (4) examination of municipal towing rate studies; and (5) towing company cost analysis, including collection of detailed revenues and expenditures from towing companies. In many cases, the collection of this data was somewhat difficult to obtain from towing companies who were reluctant to give up proprietary financial information to Morningside and it enlisted the help of TDLR staff to gather the necessary data. Even with TDLR’s assistance, cooperation with the study by towing companies was difficult.

In 2020, another study (Private Property Towing Fee Study for Texas Department of Licensing and Regulation) was requested by TDLR and conducted by Amojos Consulting, Inc. (Amojos) to recommend the maximum rate for private property towing fees. This limited study was to determine whether the private property towing fees established in 2015 should be modified based upon changes in the underlying costs. The methodology used by Amojos adopted the cost components and weightings from the 2015 study, with a specific focus on CPI-U data for all urban consumers in the U.S. South Region and gasoline prices for Texas. As previous studies had shown some difficulty in obtaining data points for the more comprehensive studies developed in 2010 and 2012, the 2020 study focused on using four cost components from 2015-2020 (e.g., CPI-U All Urban South Region, Motor Vehicle Maintenance and Repair, Motor Vehicle Insurance, and Texas Gasoline Prices) to obtain the maximum private property towing fee calculation by vehicle weight. TDLR derived a maximum private property towing fee from the results of this study and has set subsequent rates using this study and its methodology to the present. TDLR has concluded that a comprehensive private property fee study is required, consistent with Occupations Code § 2308.0575 and, thereby, issues this RFP.

1.4 Historically Underutilized Business (HUB) Program

The purpose of the HUB Program is to promote full and equal business opportunities in State contracting for all businesses, in accordance with the goals specified in the State of Texas Disparity Study. 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.

Each state agency shall make good-faith efforts 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 TDLR to achieve the statewide annual program goals by contracting directly with HUBs or indirectly through subcontracting opportunities in accordance with Chapter 2161 of the Texas Government Code and the CPA HUB rule, 34 TAC §20.284.

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

TDLR identifies HUB vendors from the CPA Centralized Master Bidders List (CMBL). The CMBL is an online directory, maintained by the Statewide Procurement 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/.

Mentor-Protégé Program The TDLR 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.

1.5 Definitions and Acronyms

As used in this RFP, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below:

Addendum: A written addition, change, or supplement to this Solicitation prior to the opening date.

Attachments: Any documentation, appended to a contract or incorporated by reference, which does not establish a requirement for deliverables.

Award: The act of accepting an offer, thereby forming a contract between the State and a vendor.

Centralized Master Bidders List (CMBL): An online directory, maintained by SPD, containing contact information and product categories of vendors registered to receive procurement opportunities from public entities.

CZT – Central Zone Time.

Consumer Price Index (“CPI”): The CPI is a measure of the average change over time in the prices paid by consumers for a representative basket of consumer goods and services.

CPI-U: Consumer Price Index for all Urban Consumers.

Contract: The legally enforceable agreement between two or more parties that may result from this Solicitation.

Contractor: A business entity or individual that has a contract to provide goods or services or services to TDLR.

Electronic State Business Daily (ESBD): An online application, administered by SPD, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards.NOTE: YOU MUST USE GOOGLE CHROME OR MICROSOFT EDGE WHEN NAVIGATING WEBSITES

Exhibit: A document which is attached and establishes requirements for deliverables of information, products, or services.

Fiscal Year: September 1 to August 31.

Historically Underutilized Business (“HUB”): A business, 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 TDLR. Contracts with an expected value of $100,000 or more where subcontracting opportunities have been determined by the TDLR to be probable. The HUB subcontracting plan subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by TDLR during the term of the Contract.

Private Property Tow: Any tow of a vehicle authorized by a parking facility owner without the consent of the owner or operator of the vehicle.

Proposal: An offer to contract with the State, submitted in response to an RFP.

Request for Proposals (“RFP”): A written solicitation requesting the submission of proposals.

Respondent or Proposer: An individual or entity that submits an offer or proposal. The term includes anyone acting on behalf of the individual or entity that submits an offer or proposal, such as an agent, employee, or representative.

Response or Proposal: An offer to contract with the State, submitted in response to an RFP.

Solicitation: A document, such as an RFP, requesting responses from vendors to provide specified goods and services. The term also refers to the process of obtaining responses from vendors to provide specified goods and services.

Statewide Procurement Division (SPD): The central authority for state agency procurement guidance, education, and statewide contract development services.

Successful Respondent: The awarded Respondent(s), if any.

TAC: Texas Administrative Code.

TDLR, Agency, or Department: In this document, these terms refer to the Texas Department of Licensing and Regulation.

Vendor: A potential provider of goods and services to the State.

2.0 sTATEMENT of Work

2.1 General

TDLR is requesting proposals to acquire the services of qualified entities or individuals to develop a methodology and use it in the performance of a comprehensive study that results in the recommendations for setting the maximum cap for Private Property Towing Fees in the State of Texas (“Services”). The Service must be in accordance with Texas Occupations Code §2308.0575.

Because the Successful Respondent will provide recommendations, strategies, and options the State may consider regarding towing fees, it is critical that the Successful Respondent be independent and objective in fact and in appearance. Therefore, Respondents are not eligible to propose on this solicitation if they: (1) are in the business of towing and storage of vehicles or otherwise have a conflict of interest in providing the Services, or (2) derive revenue or income from towing companies or vehicle storage facilities; or (3) have a direct or indirect technical, managerial, financial, or any other interest in law or equity, or is in any other manner connected with the towing industry.

TDLR reserves the absolute discretion and authority to award one (1) or more Contract(s) as a result of this RFP. TDLR shall not pay any costs or other amounts incurred by any entity or individual in responding to this RFP or prior to the effective date of any Contract that might result from it. TDLR reserves the right, in its sole discretion, to reject any or all submitted proposals.

The solicitation, evaluation, and selection of a Successful Respondent(s) will require a Successful Respondent to begin the performance of the Services under the Contract, if any, by estimated date shown under Schedule of Events, or as soon thereafter as practical.

The duration of the Contract shall not exceed twelve (12) months from the starting date of performance of the Services under the Contract. The Successful Respondent shall not exceed six months (180 calendar days) to gather the necessary data to complete the comprehensive written Private Property Towing Fee Study (“Study”), as established in the Scope of Services Development Path.

The Successful Respondent shall submit progress reports ("Progress Reports") every two (2) months to TDLR’s designee. Progress Reports must include the following: (1) a detailed description of the work completed since the last Progress Report; (2) a description of the work pending to be done over the next two (2) weeks; and (3) any inquiry the Successful Respondent may have for TDLR staff to clarify the necessary tasks under the Contract and any requests for assistance.

The Successful Respondent, upon completion of the data collection required under the Contract, shall submit the Study and the recommendations required in this RFP to TDLR’s designee, not later than two (2) months (60 calendar days) after the end of the six-month data collection period above mentioned.

TDLR Staff shall evaluate the Study within one (1) month (30 calendar days) for completeness, accuracy, and content. The Successful Respondent shall have appropriate representatives available to discuss and answer any inquiries TDLR Staff may have on the content of the Study, the data employed to produce the Study, and the final recommendations.

All proposals submitted in response to this RFP shall become part of TDLR’s official procurement files and become available for public inspection. No obligation is made by the retention of a proposal. TDLR is not required to award a Contract as a result of this RFP and makes no express or implied warranty whatsoever that any minimum compensation or minimum quantity will be guaranteed under the Contract.

Respondent certifies that neither it, nor its holding companies or subsidiaries, is: a. (a) Listed in Section 889 of the 2019 National Defense Authorization Act; b. (b) Listed in Section 1260H of the 2021 National Defense Authorization Act; or c. (c) Owned by the government of a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R Section 791.4; or d. (d) Controlled by any governing or regulatory body located in a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R Section 791.4.

2.1.1 Specifications and Requirements

The scope of work of the Services to be performed is identified by the requirements listed below. Respondents must describe in their proposals how these requirements will be met. Respondents must also describe any TDLR resources needed to meet these requirements.

All proposals must include a detailed listing of the Respondent’s experience in providing the requested Services, in the manner herein described. Respondents must also include detailed resumes of all personnel who will work in the provision of the Services under the Contract. Respondents must also identify any personnel who will work in the provision of the Services that have or may have a financial interest in the Contract or who are current or former TDLR employees.

Respondents shall maintain the confidentiality of the information collected to perform the Services and contained in the Study at all times and shall not release any information that identifies or may identify an individual or business entity. Any requests for information received by the Successful Respondent shall be forwarded to TDLR Office of the General Counsel.

1. Scope of Services.

Respondents may select one (1) of the two (2) development paths established below to perform the Services. However, Respondents are expected to provide complete cost estimates for the development path of their choice. Respondents may provide cost estimates for both development paths, if it so chooses. The development paths options are as follows:

Development Path #1:

The Respondent shall be responsible for presenting a written methodology designed to produce a written comprehensive private property tow fee study for TDLR proposing the recommended maximum private property towing fees to be charged, pursuant to the requirements of Occupations Code § 2308.0575, employing the Respondent’s resources and processes.

The Respondent’s methodology must:

A. Describe a detailed project work plan including deliverables, milestones, tasks, resources identification (TDLR and Respondent), task dependencies, and timelines;

B. Describe the Respondent’s qualifications and experience to execute the services requested in the Statement of Work;

C. Establish project infrastructure including project management and reporting, communication channels, project organization, data gathering approach, and information access expectations;

D. Demonstrate how study findings are to be presented in conjunction with requirements under state laws and applicable TDLR rules;

E. Include an analysis of TDLR’s current maximum private property tow fees and adjust for the CPI related to towing company vehicle maintenance and repair, vehicle insurance, and state gasoline prices; and

F. Examine the municipal rates in the following five (5) Texas regions: Zone 1: South Texas; Zone 2: West Texas; Zone 3: Panhandle; Zone 4: North Texas; and Zone 5: Southeast Texas to determine how and if the municipalities within each region would adjust their current rates in accordance with the CPI adjusted maximum private property tow fee recommended rate. Respondent would choose the municipality within the particular zones for analysis.

In the event the Successful Respondent is unable to obtain sufficient information from a municipality to render useful data for the Study, TDLR’s designee may approve the Successful Respondent to obtain the necessary data from another municipality upon request, and submission of supporting documentation. In the request, the Successful Respondent must propose at least three (3) municipalities as alternatives for the Successful Respondent to gather the necessary information. Each proposed municipality must have similar characteristics to the original municipality and be located in the same geographic zone.

Development Path #2 As with Development Path #1, the Respondent shall be responsible for presenting a written methodology designed to produce a written comprehensive private property tow fee study to TDLR. The study results must recommend a maximum private property towing fee to be charged, pursuant to the requirements of Occupations Code § 2308.0575, employing a combination of the Respondent’s resources and processes, in conjunction with using TDLR resources, where needed. Under this path, the Respondent is allowed to request appropriate TDLR staff to gather municipal fee study data by state geographic zones, as described in Development Plan #1, indicate any adjustment in its methodology, and detail any differences in its total cost estimate, if applicable.

ADDITIONAL INFORMATION

Respondents shall submit a proposal to TDLR that includes the total costs for the development path of their choosing. Respondents may provide a cost estimate for both paths, if they so choose.

The Successful Respondent must continue to provide ongoing technical support to TDLR after delivery of the Study, as needed, to clarify study content and supplement information in response to additional questions, as provided by the Contract. TDLR makes no express or implied warranty, whatsoever, that any minimum compensation or minimum quantity will be guaranteed under the Contract. Payment for the Services rendered under the Contract shall be reimbursed only after receipt and approval by TDLR of agreed deliverables and supporting detailed invoices. Payment shall be made in accordance with Chapter 2251 of the Texas Government Code and 34 Texas Administrative Code §20.487. TDLR shall not prepay any amounts. Travel expenses (if any) must be considered and included in the proposal.

2. Quality Assurance Plan (if required)

Respondent’s proposal must include a description of quality assurance procedures in place to ensure the accuracy and reliability of the results for tests performed in connection with any contract that results from this Solicitation. The plan must address, at a minimum: [Add Quality Assurance Plan, if required].

3. Work Product; Other Materials.

Proposals responsive to this RFP must at a minimum produce a comprehensive written Private Property Towing Fee Study, recommend the maximum amount(s) that should be charged for private property tows, that will:

A. Examine towing fee studies conducted by other municipalities in this state, and

B. Analyze the cost of towing services by company, the consumer price index, the geographic area, and individual cost components.

All Work Product shall be owned by TDLR. TDLR shall have all rights, titles, and interest in and to the Work Product, including all copies made as a result of any contract that may result from this Solicitation. Each and every report, draft, work product, and other document reproduced, prepared, or caused to be prepared by the Successful Respondent pursuant to or in connection with any contract that may result from this Solicitation shall be the exclusive property of TDLR.

For purposes of this RFP, the term “Work Product” is defined as all work papers, materials, approaches, designs, specifications, systems, software, programs, source code, documentation, methodologies, concepts, intellectual property, or other property and/or results of the services that are developed, produced, generated, or provided to TDLR in connection with, or as a result of, the services provided under any contract that may result from this Solicitation.

2.1.2 Respondent Requirements

Qualified, independent persons, or entities, are invited to submit proposals in accordance with this RFP. Proposals must address all specifications and requirements established in this RFP. The Successful Respondent must be liable, both individually and severally, for the performance of all duties under any contract that may result from this solicitation. The Successful Respondent shall be the sole point of contract responsibility. TDLR must look solely to the Successful Respondent for the performance of any contract that may result from this Solicitation.

The services and work product required by the Contract shall be performed only by the Successful Respondent, Successful Respondent’s staff, and Successful Respondent’s subcontractors listed and approved on the HSP.

3.0 Administrative Information

3.1 Schedule of Events

The schedule for the RFP events is indicated in Table 1 below. TDLR reserves the right to amend the dates at any time upon notice posted to the ESBD Portal and emailed to prospective vendors. Dates listed after the Deadline for Submission of Proposals, can occur at the discretion of TDLR and may occur earlier or later than initially scheduled without notification thru the ESBD Portal.

TABLE 1 – SCHEDULE OF EVENTS

Answers to questions will be posted as an Addendum in the ESBD Portal.

Deadline for Submission of Proposals Note: Late Responses will not be considered.

September 11, 2025, at 2:00 PM CZT

3.2 Changes, Amendment or Modifications to Solicitation

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

3.3 Technicalities

TDLR reserves the right to waive minor technicalities in a Proposal if it is in the best interest of TDLR. A "minor technicality" is an omission or error that, in TDLR's determination if waived or modified during response evaluations, would not give a Respondent an unfair advantage over other Respondents or result in a material change in the Proposal or Solicitation requirements.

All requests, questions or other communication regarding this RFP shall be made in writing to TDLR's Purchasing and Contracts Department, addressed to the person listed below. All communications between Respondents and other TDLR staff members concerning this Solicitation are strictly prohibited. Failure to comply with these requirements may result in disqualification of Respondent's Proposal.

3.4.2 Prohibited Communication

On issuance of this Solicitation, except for the written inquiries described in Section 3.5.4 and 3.5.5 below, TDLR or its representative(s) will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through TDLR's designated staff as provided by this Section. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation. Failure to comply with these requirements may result in disqualification of Respondent's Proposal.

3.4.3 Exception

The only exception to the single point of contact is the HUB Coordinator. Should respondents have questions regarding the HUB Subcontracting Plan, the HUB Coordinator may be contacted at Darryl.Gaona@tdlr.texas.gov.

3.4.4 Questions

All questions shall be submitted by email in an editable format, i.e., Microsoft Word, or standard email as opposed to an un-editable format such as Adobe Acrobat .pdf files. Provide company name, address, phone number, e-mail address, and name of contact person when submitting questions. Questions must be received by the Point of Contact by the deadline set forth in Section 3.1 – Schedule of Events. Questions must be submitted according to Table 2 - Question Submittal Format. Submissions that deviate from this format may not be accepted:

TABLE 2 – QUESTION SUBMITTAL FORMAT

(Sample entry shown below)

3.4.5 Answers to Respondent’s Questions

Answers to submitted questions will be posted to the ESBD Portal by the deadline set forth in Section 3.1 – Schedule of Events. It is Respondent's responsibility to check the ESBD Portal for posted responses. TDLR reserves the right to provide a single consolidated response to all questions.

Respondent shall submit Proposal and Respondent Information and Cost Proposal. The Cost Proposal must be submitted on Attachment A - Cost Proposal Sheet. Failure to submit all required documents in required format(s) will result in disqualification of the Proposal without further consideration for contract award. The Respondent shall prepare a Proposal that clearly and concisely represents its qualifications and capabilities under this Solicitation. Respondent should focus on the instructions and requirements of the Solicitation. TDLR, in its sole discretion, may reject any and all proposals or portions thereof.

3.5.2 Submission of Proposal in Separate Parts

Proposals must be submitted in separate parts:

1. Proposal and Respondent Information;

2. Cost Proposal Sheet; and

3. Completed HUB Subcontracting Plan

3.5.3 Exceptions and Assumptions

If the Respondent takes any exceptions to any provisions of this Solicitation, these exceptions must be specifically and clearly identified by Section number, with an explanation for the reason for the exception and proposing an alternative language in the Respondent’s Proposal. Respondent cannot take a 'blanket exception' to this entire RFP. A ‘blanket exception’ refers to taking exception to the entire RFP. If any Respondent indicates a 'blanket exception' to this entire RFP or does not provide proposed alternative language, the Respondent’s Proposal may be disqualified from further consideration. Any exception may result in the contract not being awarded to the Respondent.

Respondent must define or specify in the Proposal any assumption Respondent may have made while preparing the Proposal. TDLR reserves the right to accept or reject any assumptions. All assumptions not expressly identified and incorporated into any contract resulting from this Solicitation are deemed rejected by TDLR. Furthermore, all Proposals constitute binding offers after the closing date and time has passed.

Proposals must be emailed to bids@tdlr.texas.gov no later than the date and time specified in Section 3.1 Schedule of Events. If all or any portion of a response submitted by email is received late, is illegible, or is otherwise nonresponsive due to equipment failure or operator error, the response will not be considered. In addition, TDLR will not be liable for equipment failure or operator error. Proposals submitted by any other method will be considered non-responsive and will not be considered for contract award.

All Proposals become the property of TDLR after submission and will not be returned to Respondent, unless proper written notice of withdraw of proposal is submitted.

3.6.2 Alterations, Modifications, and Withdrawals

Prior to the Deadline for Submission of Proposals, a Respondent may: (1) withdraw its Proposal by submitting a written request to the Point of Contact identified in Section 3.4.1 - Point of Contact on official company letterhead or stationery by a legal binding party; or (2) modify its Proposal by submitting a written amendment to the originally submitted Proposal on official company letterhead or stationery by a legal binding party. The same submittal requirements apply in submitting a proposal amendment as in submitting the original Proposal.

4.0 Solicitation response evaluation and award Process

Proposals shall be evaluated in accordance with Sections 2155.074, 2156.007, 2157.003, and/or 2254.027 of the Texas Government Code. TDLR shall not be obligated to accept the lowest-priced Proposal but shall make an award to the Respondent that provides the best value to the State of Texas.

4.1.2 Minimum Qualifications

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

1. Respondents must describe their experience performing the Services required in this RFP. Respondents must have previously worked on at least three (3) projects of similar size and scope for local or state governments;

2. Respondents shall designate key personnel or staff experienced in performing the services requested in this RFP. Resumes of key personnel or staff must demonstrate their qualifications to perform the services described in this RFP and must be included with the Proposals;

3. Respondents must be financially solvent and adequately capitalized; and

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

4.1.3 Evaluation Criteria

Proposals shall be consistently evaluated and scored in accordance with Table 3 – Evaluation Criteria.

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

TABLE 3 – EVALUATION CRITERIA

4.2 Initial Compliance Screening

TDLR will perform an initial screening of all Proposals received. Unsigned Proposals, Proposals that do not meet Section 4.1.2 Minimum Qualifications, and Proposals that do not include all required forms and information may be subject to rejection without further evaluation.

4.3 Competitive Range and Best and Final Offer

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

TDLR may, at its discretion, request that any or all Respondents provide a BAFO. A request for a BAFO from TDLR does not guarantee an award or further negotiations.

4.4 Oral Presentations

TDLR may elect, after reviewing the responses, to conduct oral presentations. Oral presentations provide an opportunity for Respondents to highlight strengths and unique aspects of their responses and provide answers to clarification questions TDLR may have regarding the responses.

The Point of Contact identified in Section 3.4.1 – Point of Contact will be responsible for scheduling the oral presentations which may occur virtually or in person at the TDLR headquarters in Austin, TX. Respondents are responsible for their own presentation equipment. Failure to participate in the requested presentation may eliminate a Respondent from further consideration. TDLR is not responsible for any costs incurred by the Respondent in preparation for any oral presentation.

Oral presentations may be scheduled for all Respondents or limited to the top ranked vendors in the competitive range. Prior to the oral presentation, the Evaluation Committee will prepare a list of clarification questions for the presenting Respondents. Respondents will be randomly selected to determine order of presentation. Following all oral presentations or demonstrations, the Evaluation Committee will evaluate the clarifying information obtained. Evaluation scores from the oral presentation or demonstration will be evaluated and scored in accordance with 4.1.3 – Evaluation Criteria and added to the initial evaluation matrix for a final score.

4.5 Questions or Requests for Clarification By TDLR

TDLR reserves the right to ask questions or request clarification from any Respondent at any time during the Solicitation process, Evaluation process, including during Oral Presentations or during the BAFO process.

5.0 NARRATIVE/TECHNICAL PROPOSAL

Provide a high-level overview of the Respondent's approach to meeting the requirements contained in Section 2.0. The summary must demonstrate an understanding of TDLR's goals and objectives for this Solicitation.

5.1.2 Project Work Plan

Describe the Respondent's proposed processes and methodologies for providing all components of the Scope of Work. Respondent should identify all tasks to be performed, including all project activities, materials and other products, services, and reports to be generated during the contract period of any contract that may result from this Solicitation and relate them to the stated purposes and specifications described in this Solicitation.

5.1.3 Value-Added Benefits

Describe any service or deliverables that are not required by this Solicitation that the Respondent proposes to provide at no additional cost to TDLR. Respondents are not required to propose value-added benefits.

5.1.4 Key Staffing Profile

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

6.0 Required Respondent Information

6.1 Company Information

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

6.1.1 Company Narrative

Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Section 2.0, focusing on its company's key strengths and competitive advantages.

6.1.2 Company Profile

Provide a company profile that includes: The company ownership structure (corporation, partnership, LLC, or sole proprietorship), including any wholly owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information in a narrative and as a graphical representation.)

If Respondent is an affiliate of, or has a joint venture or strategic alliance with, another company, Respondent must identify the percentage of ownership and the percentage of the parent’s ownership. The entity performing most of the work under any contract that may result from this Solicitation, throughout the duration of the contract, must be the primary Respondent.

The Company Profile must provide an operating structure for the services requested under this Solicitation and which entities (i.e., parent company, Affiliate, Joint Venture, a subcontractor) will be performing them. Finally, the Company Profile must also include the following:

1. 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;

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

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

4. The name, mailing and physical address, email address, and telephone number of Respondent’s point of contact for any resulting contract under this Solicitation; and

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

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

6.2 References

Respondent shall provide three (3) written letters of recommendation from former clients addressing the Respondent’s ability to meet deadlines and produce quality work. The former clients must have worked with the Respondent within the last two (2) years. The letter of recommendation must be on the business entity letterhead to include, but not limited to:

1. Project title;

2. Date contract started;

3. Date contract completed;

4. Contract dollar value;

5. Description of the services provided;

6. Ability to communicate and resolve quality concerns with the client;

7. Ability to provide rapid response to the client requests; and

8. Ability to meet deadlines.

Respondent must include corresponding client contact information, including the following: name, mailing address, physical address, email address, and telephone number of contact person, and identify the year in which the work was performed. In addition, Respondent must describe any experience the Respondent has in working with local governments.

TDLR may contact Respondent’s references/clients as provided in the Proposal. TDLR reserves the right to solicit information from other available sources.

6.2.1 Past Performance

A Respondent’s past performance will be measured in compliance with applicable provisions of Texas Government Code, Chapters 2155 and 2156 and 34 TAC §20.115. Respondents may fail this selection criterion should one or more of the following conditions apply to Respondent:

1. A score of less than C or Legacy Unsatisfactory in the Texas Comptroller’s Vendor Performance Tracking System (VPTS) at https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking;

2. Currently under a Corrective Action Plan with a state agency;

3. Having repeated negative Vendor Performance Reports for the same reason;

4. Having a record of repeated non-responsiveness to Vendor Performance issues; and/or

5. Having one or more purchase orders that have been cancelled for non-performance in the previous 12 months. To evaluate Respondent’s past performance, TDLR may also contact other entities including any federal, state, or local government agency.

6. In addition, as part of the contract closeout process, TDLR must evaluate and report the Successful Respondent’s performance using the CPA’s VPTS. Reports with a letter grade of “A”, “B”, or “C” are automatically published to the VPTS and are visible to the public. Reports with a letter grade of “D” or “F” are not published for a period of 30 calendar days. During this period, vendors have an opportunity to dispute the report and agency remarks by providing documentation and supporting evidence. If there are no responses within a 30-day period, the report and grade are published on the public facing VPTS website. For more information regarding VPTS reporting visit: https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking.

6.3 Major Subcontractor Information

Respondent must identify any major subcontractors whom Respondent intends to utilize in performing fifteen percent (15%) or more of any contract over $100,000 that may result from this Solicitation. Respondent must indicate whether Respondent holds any financial interest in any major subcontractor who will perform services related to this Solicitation. It may be required as a condition of award that an authorized officer or agent of each proposed major subcontractor sign a statement to the effect that the subcontractor has read, and will agree to abide by, Respondent's obligations under any contract that may be awarded pursuant to this Solicitation.

6.4 Litigation and Contract History

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

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

6.5 Conflicts

Respondent must certify that it does not have any personal or business interests that present a conflict of interest with respect to the RFP and any contract that may result from this Solicitation. Additionally, if applicable, the Respondent must disclose all potential conflicts of interest. The Respondent must describe the measures it will take to ensure that there will be no actual conflict of interest and that its fairness, independence, and objectivity will be maintained.

TDLR will determine to what extent, if any, a potential conflict of interest can be mitigated and managed during the term of any contract that may result from this Solicitation.