ESBD_461511_1760638724390_580-26-RFQ-0001_Financial Advisory Services.pdf

REQUEST FOR QUALIFICATIONS NO. 580-26-RFQ-0001

FOR

FINANCIAL ADVISORY SERVICES

CLASS-ITEM CODE(S): 946.48

RELEASE DATE: OCTOBER 16, 2025

DEADLINE FOR SUBMISSION: NOVEMBER 14, 2025, BY 5:00 P.M. CST.

Solicitation Point of Contact:

Veronica Holmes Contract Specialist veronica.holmes@twdb.texas.gov

You, the Respondent, are responsible for checking the Electronic State Business Daily (ESBD) website, www.txsmartbuy.gov/esbd, for any addenda to this Solicitation. Please search under Agency Code 580 (Texas Water Development Board). Respondent’s failure to periodically check the ESBD will in no way release that Respondent from addenda or additional information resulting in additional requirements of the Solicitation

TABLE OF CONTENTS

SECTION I - OVERVIEW, DEFINITIONS AND AUTHORITY 2

SECTION II – SCOPE OF WORK 4

SECTION III – DELIVERABLES 7

SECTION IV – GENERAL INFORMATION 8

SECTION V – GENERAL TERMS AND CONDITIONS 14

http://www.txsmartbuy.gov/esbd

Version 0325 580-26-RFQ-0001 Page 2 of 32

SECTION I –OVERVIEW, DEFINITIONS AND AUTHORITY

1.1 OVERVIEW

The Texas Water Development Board (“TWDB”) seeks responses to this Request for Qualifications (RFQ) from qualified financial advisors, that meet the requirements below, to provide the best, most comprehensive and cost effective analytical and advisory services on matters of financial planning, policies and management; financial risk management; debt issuance and management; and other special project analyses on all items of financing for TWDB’s financial assistance programs. This RFQ is issued to select counsel for representation for the term of March 1, 2026, through February 29, 2028.

It is the policy of TWDB to make a good faith effort to include Historically Underutilized Businesses (HUBs). HUBs are defined as for-profit entities that have not exceeded the size standards prescribed by 34 Texas Administrative Code § 20.23, have their principal place of business in Texas, and are at least 51% owned by an Asian Pacific American, Black American, Hispanic American, Native American, American woman and/or Service-Disabled Veteran who resides in Texas and actively participates in the control, operation and management of the entity's affairs. HUBs are encouraged to respond.

TWDB will consider qualifications from business entities that demonstrate the ability to complete the Project within the guidelines of this Solicitation and any applicable federal, state, and local laws, rules, and regulations. Respondents must execute Content Item 1, Execution of Response to the Request for Qualifications, and complete other items listed under 4.1.B, Contents, to be considered. Additional information on TWDB and its programs can be found at http://www.twdb.texas.gov.

1.2 DEFINITIONS

“ADA” means the Americans with Disabilities Act.

“Addendum” means a written clarification or revision to the Request for Qualifications issued by the Texas Water Development Board. Respondents must acknowledge receipt of any addenda in the submission of the Solicitation Response.

“Affiliate” means any individual or entity that, directly or indirectly, controls, is controlled by, or is under common control with, Respondent. “Control” means the ability to directly or indirectly direct the management and policies of an entity, whether through the ownership of voting securities or membership interests, by contract, or otherwise.

“Contract/Contract Documents” means all documents which govern this Solicitation and any resulting contract(s), including without limitation the Project Manual, this Solicitation, the Architect/Engineer’s specifications and drawings, any Uniform General and Supplementary Conditions, Special Conditions, and all bonds and insurance.

“Contract Price” means the total compensation payable to Contractor for completion of the work in accordance with the terms of the contract.

“Contractor” means Respondent(s) awarded a contract under this Solicitation.

“ESBD” means the Electronic State Business Daily, www.txsmartbuy.gov/esbd.

https://statutes.capitol.texas.gov/Docs/TX/htm/TX.34.htm http://www.twdb.texas.gov/

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“General Conditions” means those items and related costs that are specified in this document.

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

“HUB Subcontracting Plan” or “HSP” means the form required by Texas Government Code §

2161.252 and 34 Texas Administrative Code § 20.285 for each contract with an expected value of $100,000 or more, in which Respondent must demonstrate a Good Faith Effort to subcontract with HUBs. The HSP must be included with the Solicitation Response.

“Key Staff” means experienced, professional and/or technical personnel who will have major responsibilities under the Contract and/or provide unusual or unique expertise essential for successful completion of the work performed.

“Notice to Proceed” or “NTP” means written notice provided by TWDB to begin the Project.

“OSHA” means the U.S. Occupational Safety and Health Administration.

“PIA” means the Public Information Act, Texas Government Code Chapter 552.

“Project” means the work solicited under this Solicitation.

“Respondent” means the entity responding to this Solicitation.

“RFQ” means Request for Qualifications.

“Solicitation” means this RFQ.

“Solicitation Response” means Respondent’s entire response to this Solicitation, including all documents requested.

“SOQ” means Statement of Qualifications.

“State” means the State of Texas and any state agency; the Texas Water Development Board or state agency identified in this Solicitation, its officers, employees, or authorized agents.

“TAC” means Texas Administrative Code.

“TWDB” means the Texas Water Development Board.

1.3 AUTHORITY

TWDB is posting this solicitation pursuant to the State Purchasing and General Services Act, Texas Government Code Chapter 2254; Texas Constitution art. 3, § 49-c; Texas Water Code §§ 6.012; and Texas Water Code § 6.190.

1.4 BACKGROUND

TWDB, the state agency primarily responsible for water planning and administering water financing for the state, was created by constitutional amendment in 1957. TWDB is governed by

580-26-RFQ-0001 Page 4 of 32 a three-member board of directors serving six-year staggered terms, appointed by the Governor with consent of the State Senate. The current members of the TWDB board are Chairwoman L’Oreal Stepney and Board Member Tonya R. Miller. The third board member position is currently vacant.

To accomplish our goals of planning for the state's water resources and providing affordable water and wastewater services, TWDB provides water planning, data collection and dissemination, financial assistance, and technical assistance services to the citizens of Texas.

The tremendous population growth that the state continues to experience, and the recurrent threat of severe drought, only intensify the need for TWDB to accomplish its goals in an effective and efficient manner.

Created as an agency of the state of Texas by constitutional amendment in 1957, TWDB has committed more than $40 billion in financial assistance to program participants. TWDB currently:

• supports the development of regional water plans and incorporates them into a state water plan for the orderly and responsible development, management, and conservation of the state's water resources;

• provides financial assistance to local governments for water supply projects; water quality projects, including wastewater treatment and nonpoint source pollution control; flood control projects; agricultural water conservation projects; rural and small community water and wastewater projects; and expenses related to administering groundwater conservation districts;

• provides financial assistance for the water and wastewater needs of the state's economically distressed areas;

• provides agricultural water conservation and water-related research and planning grants;

• conducts studies of the occurrence, quantity, quality, and availability of the state's surface water and groundwater;

• collects data and conducts studies concerning the freshwater needs of the state's bays and estuaries; and

• maintains a centralized data repository of information on the state's natural resources called the Texas Geographic Information Office (TxGIO) and manages the Strategic Mapping (StratMap) Initiative.

SECTION II – SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

The awarded Contractor may be required to complete some or all duties and services necessary or advisable to facilitate the administration of the TWDB’s financial assistance programs, including but not limited to: devising and recommending a plan of finance for bonds to be issued;

including recommendations for a maturity schedule, optional redemption features and other terms and conditions that will results in terms that are believed to be the most advantageous to TWDB, including determining the timing of the offering; compiling offering statements; and sizing of each bond issue. The Contractor may also be required to provide municipal advisory advice in administering the TWDB’s financial assistance programs that do not involve a bond issuance component.

2.2 REQUIREMENTS

Respondents to this RFQ are required to have the following abilities:

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“ongoing non-transactional services”; and “duties in connection with a debt transaction, including new money issuance, refunding’s, calls and defeasance activities,” as further outlined below.

A. Ongoing non-transactional services to be provided include:

1) Assist in the formulation of financial and debt policies and administrative procedures for TWDB financial assistance programs as requested.

2) Upon request, develop or review a customized Excel cash flow model for the TWDB’s financial assistance programs, and default tolerance analyses relating to revenue bond programs.

3) Upon request, analyze or review Excel models for a program’s funding capacity.

4) Provide debt service schedules reflecting varying interest rates, issue sizes, and maturity structures as needed for related fiscal planning.

5) Attend meetings with staff, consultants and other professionals related to TWDB and its programs, as requested.

6) Undertake other financial planning and policy development assignments requested by program managers regarding bond and other financings and financial policy, including cash management issues and related fiscal policies and programs.

7) Assist TWDB and program managers in preparing financial presentations for public hearings.

8) Advise on changes in the market, disclosure and regulatory requirements as necessary.

9) Advise on alternative financing or program structures.

10) Advise as necessary regarding inquiries from the Internal Revenue Service or external auditors.

11) Notify TWDB of rating changes on its outstanding bonds within five (5) business days of the change.

12) Provide other special financial services as requested by TWDB’s Executive

Administrator, Chief Financial Officer, Development Fund Manager, General Counsel, Director of Debt and Portfolio Management, or other person with written authorization from the Executive Administrator to request such services, a copy of which will be delivered to the advisor.

B. The financial advisor will be responsible for all duties and services necessary or advisable to facilitate the issuance and administration of bonds and other obligations. As such, duties in connection with a debt transaction, including new money issuance and administration of bonds and other obligations, include but are not limited to the items listed below. If a transaction is undertaken competitively, the services of the financial advisor will be modified to reflect that process.

1) Advise the staff of new or changing developments and regulations in the municipal bond industry.

2) Monitor and advise on refunding opportunities, debt defeasance, and other financial products that would help lower the cost of borrowing money and provide updates on market conditions and indicative pricing levels.

3) Provide recommendations on the marketing of bonds including methods for enhancing the rating, advice on bond covenants, pledge of revenue, flow of funds, legal coverage requirements, municipal bond market trends, and timing of issuances.

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4) Provide advice and assistance on the requirements of various financing structures, the principal amount of bonds to be sold, maturity schedules, call and put features, premiums and discounts, basis of awards and types of sales.

5) Assist with the analysis and document preparation for the defeasance or redemption of bonds.

6) Provide advice concerning the need for credit enhancement and assist in the negotiations regarding such.

7) Prepare a distribution list and timeline to include identification of tasks to be completed and those responsible, as well as critical events and deadlines, for each financing undertaken.

8) If requested, prepare preliminary and final official statements and other offering documents as applicable to fully comply with all disclosure rules and requirements, which may be billed separately.

9) Attend executive staff and board meetings, presenting information concerning issuance as requested.

10) Assist in making presentations and required submissions and obtaining approval of the Bond Review Board, the Legislative Budget Board, and any other State entity with jurisdiction concerning the issuance of bonds by TWDB.

11) Coordinate bond ratings for any proposed issuance and participate in the preparation of information required for submission to the bond rating agencies.

12) Monitor and assist in the negotiation of all fees and expenses incurred in connection with the issuance of the bonds.

13) Advise, inform and assist with the issuance’s due diligence conference call.

14) Provide guidance during pre-pricing and pricing negotiations with underwriters.

15) Provide advice and support regarding the selection and bidding on permissible investments.

16) Arrange for delivery of bonds and coordinate with bond counsel and registrar; oversee bond closings with successful bidder/senior underwriter, paying agent registrar, trustee, bond counsel, disclosure counsel, verification agent, and staff, including instructions for closing, and arrange for printing and mailing of final offering documents with printer.

17) Assist in closing and post-closing duties, including the development of closing memoranda (or memorandums).

18) Review the post-issuance summary memo, transaction summary presentation, and the final pricing book provided by the underwriters.

19) Provide a debt schedule for the issue that includes, at a minimum, principal and interest requirements, and the true interest cost.

20) Advise as requested with continuing disclosure of financial information and operating data pursuant to all Security and Exchange Commission rules.

21) Maintain records of TWDB’s outstanding bonds and payments made to facilitate validation of debt schedules.

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22) Provide advice regarding the efficient ongoing management of TWDB’s loan and debt portfolios to minimize administrative effort and cost of funds.

23) Assist in the evaluation of unsolicited proposals from underwriters regarding the use of new financial products or new methods of structuring debt.

24) Assist in the evaluation of underwriter proposals to participate in the TWDB’s underwriting pool, including review of financial capability.

25) Provide information on questions and issues posed by TWDB, as requested, on an ongoing basis.

2.3 SUBCONTRACTORS

Subcontractors providing services must meet the same requirements and level of experience as required of Respondent. No subcontract should relieve the primary Respondent of responsibility for the service. If Respondent uses a subcontractor for any or all work required, the following conditions must apply under the listed circumstances:

(a) Respondents planning to subcontract all or a portion of the work must identify the proposed subcontractors on the HUB Subcontracting Plan.

(b) Subcontracting must be at Respondent’s expense.

(c) TWDB retains the right to check a subcontractor’s background and decide to approve or reject the use of a submitted subcontractor. A subcontractor may not be compensated for any work prior to the approval date of the subcontract agreement between Contractor and Subcontractor by TWDB.

(d) Respondent will be the only contact for TWDB and subcontractors. Respondent must list a designated point of contact for all TWDB and subcontractor inquiries.

2.4 CONTRACT TERM

The Service requested will start March 1, 2026, and end on February 29, 2028, with the option to renew up to 3 times for one additional year.

2.5 COMPENSATION

The maximum total project cost will not exceed $6,075,000.00. Failure to arrive at mutually agreeable terms of a contract with the most qualified Respondent will constitute a rejection of TWDB's offer and may result in negotiations with the next most qualified respondent. TWDB reserves the right to reject any or all responses.

2.6 LIQUIDATED DAMAGES

If a selected Contractor breaches its obligation to provide deliverables in accordance with the schedule in Section 3.1, the selected Contractor agrees to pay TWDB $100.00 per day for each day of delay as liquidated damages. The parties agree that quantifying losses arising from a selected Contractor’s delay is inherently difficult, and stipulate that the sum agreed upon for liquidated damages is not a penalty, but rather a reasonable measure of damages based on the parties’ experience in the industry and the nature of the losses that may result from delay.

SECTION III – DELIVERABLES

3.1 CONTRACT DELIVERABLES

Deliverables under this RFQ will include, but are not limited to, items described in Section II Scope of Work, 2.2. Requirements. Deliverables and deadlines will be established by Staff for

580-26-RFQ-0001 Page 8 of 32 each transaction or project. Staff will review deliverables and confirm completion and acceptance of the related information or will request additional information as necessary.

NOTE: The electronic copy of a final report(s) or other deliverable(s) must comply with the requirements and standards specified in 1 Texas Administrative Code (TAC) Chapters 206 and 213 (related to Accessibility and Usability of State Web Sites). Web Content Accessibility Guidelines (WCAG) 2.1 Level AA Standard – WCAG 2.1 Quick Reference can be found at: https://www.w3.org/WAI/WCAG21/quickref/ Complying with this clause will require demonstrated proof of compliance utilizing TWDB's checklists. For the deliverable in .PDF format, use the checklist and verification form found at https://www.twdb.texas.gov/about/contract_admin/doc/Accessibility- Checklist-and-Certification-with-Instructions.pdf to demonstrate compliance and submit the completed form with the deliverable. Acceptance of the final report(s) or other deliverable(s) is contingent upon compliance with this clause.

SECTION IV – GENERAL INFORMATION

4.1 RFQ REQUIREMENTS

A brief transmittal letter summarizing the key points of the Statement of Qualifications (SOQ) signed by an authorized representative who is responsible for committing the firm’s resources must accompany each response. Where applicable, the response to each item, including attachments, must not exceed 27 pages, excluding required appendices, as noted. The cover page will not count towards the page limit. Please clearly identify the content item at the beginning of each response and provide a separate section for that response or indicate why no response is given.

A. Submittals: Respondent must submit an original electronic copy of the SOQ as follows:

1) One (1) complete ORIGINAL SOQ in Portable Document Format (PDF) submitted through email to bid-room@twdb.texas.gov with a copy to veronica.holmes@twdb.texas.gov.

2) SOQ pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the SOQ. File size is limited to 100mb.

3) Proposals must be clearly marked RESPONSE TO RFQ 580-26-RFQ-0001 and delivered electronically to the address noted in the RFQ.

B. Contents: Respondent must submit all information listed below, in the order given, as the response to this RFQ. The response will only be considered if all items are submitted as required. Incomplete/late responses to this RFQ will not be considered.

1) Item 1: Signed/dated Execution of Response to the Request for Qualifications (one

(1) page maximum)

2) Item 2: Company Profile Summary and History (two (2) pages maximum)

Response should include the following:

a. Company name, address, phone number, and legal status (corporation, partnership, joint venture, sole proprietorship).

b. Name and title of person submitting the response with the authority to bind the company.

c. Name, phone number, and email address of contact person for any questions on the response.

https://www.w3.org/WAI/WCAG21/quickref/ https://www.twdb.texas.gov/about/contract_admin/doc/Accessibility-Checklist-and-Certification-with-Instructions.pdf https://www.twdb.texas.gov/about/contract_admin/doc/Accessibility-Checklist-and-Certification-with-Instructions.pdf mailto:bid-room@twdb.texas.gov mailto:veronica.holmes@twdb.texas.gov

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d. Describe the general nature of previous work, the number of years in business, size and scope of operation.

3) Item 3: Resumes of Individuals - Submit resumes for each individual (two (2) pages maximum per individual) who will work on the project.

PLEASE NOTE: Resumes do NOT count towards total response page maximums.

4) Item 4: Historically Underutilized Businesses Subcontracting Plan (HUB-SUB) PLEASE NOTE: HUB-SUB Plans do NOT count towards total response page maximums.

HUB-SUB plan documents ARE REQUIRED even if not applicable to your submittal.

5) Item 5: Name(s) and last four digits of Social Security Number(s) for each person with at least 25 Percent Ownership of the Business Entity submitting the response to the RFQ (one (1) page maximum)

6) Item 6: Organizational Chart (one (1) page maximum) – Include role, name, and organization for each individual listed.

7) Item 7: Financial Advisory Capabilities and Experience – (twenty (20) page maximum )

A. Please describe your firm’s financial advisory capabilities in detail. Include the name(s) and office location of the advisor(s) that would be assigned to TWDB’s account.

B. Describe the firm’s experience since January 2023 serving as a financial advisor for pooled municipal obligations of general obligation and revenue bond issues.

C. Select up to two transactions from those identified that you feel best demonstrate your firm’s financial advisory capabilities and describe in detail the financial issues involved, the outcome to the analysis, the role of your firm and employees involved, and the relevance to TWDB.

D. Outline recommended practices when evaluating whether to take a transaction to market through a competitive versus negotiated process.

E. Describe the steps your firm would take as financial advisor to help ensure the pricing process on negotiated sales renders the lowest interest cost.

F. Describe how your firm would approach the process of structuring transactions for TWDB. Include an explanation of how structures proposed by TWDB’s underwriters would be evaluated.

G. Outline your firm’s experience that includes, but is not limited to, financial planning and policy development, facilitating the issuance and administration of bonds and other obligations, cash flow and debt structure modeling;

market, disclosure and regulatory requirements, rating agency and investor outreach.

H. Outline your firm’s experience since January 2023 with the major rating agencies, and the applicability of that experience to TWDB’s activities.

I. Describe your firm’s expertise and experience in assisting public finance clients in creating new revenue credit or pooled loan financing programs.

J. Describe your firm’s expertise and experience in assisting public finance clients in monitoring and meeting post-issuance compliance.

K. Describe your firm’s expertise and experience with credit enhancement products in bond transactions.

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L. Provide an hourly rate structure for all staff assigned to work with TWDB on ongoing non-transactional services.

M. Provide a fee schedule on the table below, expressed as a rate per $1,000 par amount of bonds issued, taking into consideration the tasks identified in Scope of Work. This fee schedule should also provide the maximum that may be charged on a bond transaction. Multiple series sold under one Preliminary Official Statement/Official Statement are considered to be one transaction:

N. Indicate any additional services your firm provides and related fees. Please describe your experience with such services and the value of such services if engaged. NOTE: it is understood that the following expenses will be reimbursed separately from the maximum fee schedule or hour fee rates listed above:

1) Printing/mailing of the Preliminary Official Statement/Official Statement;

2) Travel expenses to attend bond pricings with prior approval; and

3) Any item of expense incurred on behalf of TWDB with prior approvals.

8) Item 8: Provide the following information in Excel as a required Appendix 1. Since January 2023, list the governmental issues for which your firm served as a financial advisor. Utilize the bullets below to create column headings across the top of the table, in order from left to right. When dollar amounts are involved, please total each column to show an overall total. PLEASE NOTE: Excel Spreadsheet (does not count towards total response page maximums).

• Delivery Date

• Name of issuer

• Title of bonds

• Date of bonds

• Par amount of issue

• Type of sale if available (e.g. Negotiated, Competitive, Direct Placement)

• Purpose of financing if available (e.g. Pooled Loans, Water/Wastewater,)

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4.2 PROPOSAL SUBMISSION

A. All responses must be received at TWDB by the deadline in the Schedule of Events.

TWDB will not accept late submittals.

B. It is Respondent’s responsibility to appropriately mark and deliver the proposal to TWDB by the specified date and time.

C. Receipt of all addenda to this Solicitation, if applicable, must be acknowledged by returning a signed copy of each addendum with the submitted response.

NOTE: Failure to return the required items with the response will result in rejection of your Statement of Qualifications.

TWDB will not be responsible for locating or securing information that is not included in your Statement of Qualifications.

4.3 DELIVERY OF SUBMISSION

The SOQ must be submitted to TWDB using the following method:

Electronic Delivery via email to bid-room@twdb.texas.gov with a copy to veronica.holmes@twdb.texas.gov. File size is limited to 100MB. Please compress the files whenever possible.

4.4 SCHEDULE OF EVENTS

The solicitation process for this RFQ will proceed according to the following schedule

EVENT DATE (Central Daylight Time)

EVENT DATE/TIME

Solicitation Release Date October 16, 2025

Deadline for Submitting Written Questions October 23, 2025, by

5:00 P.M. CST

Anticipated Release of Written Answers October 30, 2025 Deadline for submission of Solicitation Responses [NOTE: Responses must be RECEIVED by TWDB by the deadline.]

November 14, 2025, by

5:00 P.M. CST

Evaluation Period Start Date November 24, 2025

Contract Start Date March 1, 2026

Contract End Date

February 29, 2028

4.5 REVISIONS TO SCHEDULE

TWDB reserves the right to change the dates in the Schedule of Events above upon written notification to prospective Respondent(s) as an addendum posted on the Electronic State Business Daily.

mailto:bid-room@twdb.texas.gov

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4.6 RESPONSE SUBMITTAL

All submitted Solicitation Responses become the property of TWDB after the submittal deadline.

Solicitation Responses submitted constitute an offer for a period of ninety (90) days or until selection is made by TWDB, whichever occurs first.

4.7 RESPONSE PREPARATION COSTS

Respondents are responsible for all costs incurred in the preparation and delivery of the Solicitation Response to TWDB.

4.8 TRAVEL EXPENSES

Any travel requirements under this Contract may include travel throughout the State of Texas to perform the tasks therein. Any travel expenses will be reimbursed in accordance with the state travel and per diem allowances detailed at https://fmx.cpa.texas.gov/fmx/travel/.

4.9 MEETINGS

Any meetings and or/conference calls will be held on regular business days, Monday through Friday, during regular business hours (8 a.m. to 5 p.m.) or on other mutually agreed dates and times.

4.10 INQUIRIES

A. Contact All requests, questions, or other communications about this Solicitation must be made in writing to the TWDB Purchasing Department, addressed to the person listed below.

Name: Veronica Holmes Email : bid-room@twdb.texas.gov with a copy to veronica.holmes@twdb.texas.gov Subject: Ensure the RFQ number is included in all correspondence.

B. Clarifications

TWDB will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the contact listed above. Respondents’ names will be removed from questions when the written answers are released. Questions must be submitted in the following format. Submissions that deviate from this format may not be accepted:

1) Identifying Solicitation number

2) Section number

3) Text of passage being questioned

4) Question

5) Provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

Note: The deadline for submitting questions is noted in Section 4.4 above.

C. Responses

All accepted questions will result in a written response posted to the ESBD at:www.txsmartbuy.gov/esbd. Responses will be posted as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses.

https://fmx.cpa.texas.gov/fmx/travel mailto:bid-room@twdb.texas.gov

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D. Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section 4.10 above, TWDB, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone, email, or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Respondent. Respondent should rely only on written statements and information issued through or by TWDB’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.11 RESPONSE EVALUATION AND AWARD

A. TWDB will make an award to a Respondent that provides the “best value” to the State of Texas, as defined by Texas Government Code § 2254.004.

B. TWDB will not enter into a contract with any individual who is required by Texas Government Code Chapter 305 to register as a lobbyist as stated in Texas Government Code § 556.005, Employment of Lobbyist.

C. A committee will be established by TWDB (including TWDB employees) to evaluate the Statement of Qualifications.

The evaluation committee will determine best value by applying the following criteria:

POINTS

AVAILABLE

CATEGORY

0-15 Familiarity and knowledge of TWDB’s pooled loan programs 0-40 Firm’s Experience and Qualifications with Municipal Bonds 0-30 Qualifications of Personnel Assigned to TWDB 0-15 Description of Proposed Service Plan and Analytics 100 Total Points Possible

D. The evaluation committee will determine if a Best and Final Offer (BAFO) is necessary. Award of a contract may be made without a BAFO. TWDB may, at its discretion, elect to have Respondents provide oral presentations and respond to inquiries from the evaluation committee related to their response. A request for a BAFO is at the sole discretion of TWDB and will be extended in writing.

E. A Respondent’s performance will be measured by a Grade of A-F in the Texas

Comptroller’s Vendor Performance Tracking System. The selected Contractor will be evaluated on performance both during and at the conclusion of the Contract.

Prior VPTS grades will be considered in the selection process for this contract and future contracts. Contractor performance information is located on the CPA website at: https://www.txsmartbuy.gov/vpts.

4.12 CONTRACT AWARD

It is the intent of TWDB to award one (1) contract under this Solicitation. An award notice will be sent to the selected Respondent(s). Any award is contingent upon the successful negotiation of final contract terms and upon approval of the TWDB Executive Administrator. Negotiations will be confidential and not subject to disclosure to competing Respondents unless and until an https://www.txsmartbuy.gov/vpts

580-26-RFQ-0001 Page 14 of 32 agreement is reached. If contract negotiations cannot be concluded successfully, TWDB may negotiate a contract with the next highest scoring Respondent or may withdraw this Solicitation.

SECTION V – GENERAL TERMS AND CONDITIONS

5.1 GENERAL TERMS AND CONDITIONS

Any contract awarded as a result of this RFQ will contain the general terms and conditions provided in this document. Subcontractors must also comply, if applicable. TWDB will consider exceptions to terms and conditions during the contract negotiation phase; see Section 4.12.

Contractor is required to make any information created or exchanged with the state pursuant to this contract and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state.

5.2 PATENTS OR COPYRIGHTS

The selected Contractor agrees to protect the State and TWDB from claims involving infringement of patents or copyrights. TWDB will not consider any RFQ that bears a copyright.

RFQs will be subject to the Texas Public Information Act, Texas Government Code Chapter 552, and may be disclosed to the public upon request. Subject to the Act, Respondents may protect trade and confidential information from public release. Trade secrets or other confidential information submitted as part of a SOQ must be clearly marked in boldface type and at least 14-point font.

5.3 CONTRACTOR ASSIGNMENTS

Respondent hereby assigns to TWDB any and all claims for overcharges associated with the Contract arising under the antitrust laws of the United States, 15 U.S.C.A. Section 1 et seq. , and the antitrust laws of the State of Texas, Tex. Bus. & Com. Code § 15.01 et seq.

5.4 HISTORICALLY UNDERUTILIZED BUSINESSES SUBCONTRACTING PLAN

It is the policy of TWDB to make a good faith effort to achieve the annual program goals by contracting directly with HUBs or indirectly through subcontracting opportunities in accordance with Texas Government Code Chapter 2161, Subchapter F, and HUB Rules promulgated by the Comptroller of Public Accounts (CPA), 34 TAC Chapter 20.

Any contract(s) awarded as a result of this RFQ must include reporting responsibilities related to Historically Underutilized Business (HUB) subcontracting. Awarded contractors may not change any subcontractor without submitting a revised HUB Subcontracting Plan (HSP) to TWDB. Any change to a subcontractor and revised HSP must be approved in writing by TWDB prior to implementation.

HUBs are strongly urged to respond to this RFQ. Under Texas law, state agencies are required to make a good faith effort to assist HUBs in receiving certain percentages of the total value of contract awards. Contractors who meet the qualifications are strongly encouraged to apply for certification as HUBs.

ALL RESPONDENTS TO THIS RFQ, INCLUDING THOSE THAT ARE HUB CERTIFIED OR

THOSE WHO DO NOT PLAN TO SUBCONTRACT, MUST COMPLETE A HUB

SUBCONTRACTING PLAN (HSP) IN ACCORDANCE WITH THE STATE’S POLICY ON

UTILIZATION OF HUBs. THE HSP MUST BE INCLUDED AS PART OF THE PROPOSAL TO

THIS RFQ. FAILURE TO COMPLETE THE HSP AS INSTRUCTED MAY RESULT IN

https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap1-sec1.htm https://statutes.capitol.texas.gov/Docs/BC/htm/BC.15.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=34&pt=1&ch=20

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DISQUALIFICATION OF THE PROPOSAL FROM CONSIDERATION. Please review the HSP forms carefully and allow sufficient time to identify and contact HUBs and allow them to respond.

Note that contractors must demonstrate a good faith effort to contract with new HUBs if currently proposed HUBs have performed as subcontractors to Contractor for more than five (5) years. If a Contractor does not plan to subcontract, Contractor must state that fact in their plan. The completed plan will become part of the Contract awarded as a result of this Solicitation.

5.5 HUB RESOURCES AVAILABLE

A list of certified HUBs is available on the Texas Comptroller of Public Accounts (CPA) Web site at: https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do. For additional information, contact the CPA’s HUB program office at StatewideHUBProgram@cpa.texas.gov.

If contractors know of any businesses that may qualify for certification as a HUB, they should encourage those businesses to contact the CPA HUB program office.

5.6 REQUIRED AFFIRMATIONS AND CERTIFICATIONS

A. Antitrust. Respondent represents and warrants that, in accordance with Texas Government Code § 2155.005, neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such firm, corporation, partnership or institution, has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Texas Business and Commerce Code Chapter 15, or the federal antitrust laws; or (2) communicated directly or indirectly the contents of its proposal to any competitor or any other person engaged in the same line of business as Respondent.

B. Child Support Obligation. Under Texas Family Code § 231.006, Respondent certifies that the individual or business entity named in its proposal is not ineligible to receive the specified payment and acknowledges that any Contract resulting from this Solicitation may be terminated, and payment may be withheld if this certification is inaccurate. Any Respondent subject to Texas Family Code § 231.006 must include in the response the names and Social Security numbers of each person with at least 25 percent ownership of the business entity submitting the Response.

C. COVID-19 Vaccine Passport Prohibition. Respondent certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contract.

D. Dealings with Public Servants. Pursuant to Texas Government Code § 2155.003, Respondent represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the goods or services being supplied.

E. Debts and Delinquencies. Respondent agrees that any payments due under the

Contract will be applied towards any debt or delinquency that is owed to the State of https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do mailto:StatewideHUBProgram@cpa.texas.gov

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Texas, including but not limited to delinquent taxes, delinquent student loan payments and delinquent child support.

NOTE: The following clause applies only to contracts for $100,000 or more with companies employing at least 10 full-time people and paid at least in part with public funds. The clause does not apply to a governmental entity that determines the requirements Texas Government Code § 2276.002(b) are inconsistent with its duties related to debt obligations or funds as described in Texas Government Code § 2276.002(c).

F. Energy Company Boycotts. Respondent represents and warrants that: (1) it does not and will not for the duration of any Contract resulting from this Solicitation, boycott energy companies or (2) the verification required by Texas Government Code § 2276.002 does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Respondent must promptly notify TWDB.

NOTE: The following clause applies only to contracts for $100,000 or more with companies employing at least 10 full-time people and paid at least in part with public funds.

G. Entities that Boycott Israel. Pursuant to Texas Government Code § 2271.002, Respondent certifies that either (i) it meets one of the exemption criteria under § 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of any contract resulting from this Solicitation. Respondent must state any facts that make it exempt from the boycott certification in its Response.

H. E-Verify Program. Respondent certifies that for contracts for services, Respondent will utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the Contract to determine the eligibility of: (1) all persons employed by Respondent to perform duties within Texas; and (2) all persons, including subcontractors, assigned by Respondent to perform work pursuant to the contract within the United States of America.

I. Excluded Parties. Respondent certifies that it is not listed on the federal government’s terrorism watch list as described in Executive Order 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

J. Executive Head of a State Agency. In accordance with Texas Government Code §

669.003, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of TWDB, (2) a person who at any time during the four years before the date of the contract was the executive head of TWDB, or

(3) a person who employs a current or former executive head of TWDB.

K. Financial Participation Prohibited. Pursuant to Texas Government Code

§ 2155.004(a), Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from TWDB or any agency of the State of Texas for participation in the preparation of the specifications for this bid or proposal. Pursuant to Texas Government Code § 2155.004(b), Respondent certifies that the individual or business entity named in this bid or response is not ineligible to receive

580-26-RFQ-0001 Page 17 of 32 the specified contract and acknowledges that the Contract may be terminated, and payment withheld if this certification is inaccurate.

The following clause applies only to contracts for $100,000 or more with companies employing at least 10 full-time people and paid at least in part with public funds. It does not apply when such contracts are sole source or no-bid.

L. Firearm Entities and Trade Associations Discrimination. Respondent verifies that:

(1) it does not and will not for the duration of any contract resulting from this Solicitation, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Texas Government Code §

2274.002 does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Respondent must promptly notify TWDB.

M. Hardening of State Government. Respondent certifies that neither nor its holding companies or subsidiaries is: (1) listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); or (2) listed in Section 1260H of the 2021 NDAA; or (3) owned by the government of a country on the United States Department of Commerce’s foreign adversaries list under 15 C.F.R. § 791.4; or (4) controlled by any governing or regulatory body located in a country on the United States Department of Commerce’s foreign adversaries list under 15 C.F.R. § 791.4.

N. Human Trafficking Prohibition. Under Texas Government Code § 2155.0061, Respondent certifies that the individual or business entity named in this Response or Contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated, and payment withheld if this certification is inaccurate.

O. Lobbying Prohibition. Respondent represents and warrants that TWDB’s payments to

Respondent and Respondent’s receipt of appropriated or other funds under any contract resulting from this Solicitation are not prohibited by Texas Government Code §§ 556.005 or 556.0055, related to the prohibition on payment of state funds to a lobbyist or for lobbying activities.

P. No Conflict of Interest. Respondent represents and warrants that the provision of goods and services or other performance under the Contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.

Q. Prior Disaster Relief Contract Violation. Texas Government Code §§ 2155.006 and

2261.053 prohibit state agencies from accepting a Response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster occurring after September 24, 2005, as defined by Texas Government Code § 418.004.

Under Texas Government Code §§ 2155.006 and 2261.053, Contractor certifies that the individual or business entity named in this Response is not ineligible to receive the specified contract and acknowledges that any contract resulting from this Solicitation may be terminated, and payment withheld if this certification is inaccurate.

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R. Restricted Employment for Certain State Personnel. Pursuant to Texas Government Code § 572.069, Respondent certifies that it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for Agency involving Respondent within two (2) years after the date that the Contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015.

S. Suspension and Debarment. Respondent certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration.

T. Texas Bidder Affirmation. Respondent certifies that if a Texas address is shown as the address of Respondent on its Response, Respondent qualifies as a Texas Bidder as defined in Texas Government Code § 2155.444(c).

U. Buy Texas. Respondent agrees to comply with Texas Government Code § 2155.4441, requiring the purchase of products and materials produced in the State of Texas when performing service contracts.

5.7 INDEMNIFICATION

RESPONDENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF

TEXAS AND TWDB, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,

REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY

AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED

COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM

ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES,

SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN

THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE

ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE MUST BE COORDINATED BY

RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS

STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT, AND RESPONDENT MAY

NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING CONCURRENCE FROM

THE OFFICE OF THE TEXAS ATTORNEY GENERAL. RESPONDENT AND TWDB AGREE

TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

5.8 ADDITIONAL TERMS

Any terms and conditions attached to your Response will not be considered unless specifically referred to in the Response.

5.9 DISPUTE RESOLUTION

The dispute resolution process provided for in Texas Government Code Chapter 2260 must be used by TWDB and Respondent to attempt to resolve all disputes arising under any contract resulting from this Solicitation.

5.10 EXCESS OBLIGATIONS PROHIBITED

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Any contract resulting from this Solicitation is subject to termination or cancellation without penalty to TWDB, either in whole or in part, subject to the availability of state funds.

5.11 PUBLIC INFORMATION ACT

Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to Texas Government Code Chapter 552 (the “Public Information Act”). In accordance with Texas Government Code § 2252.907, Respondent is required to make any information created or exchanged with the State pursuant to the Solicitation or Contract and not otherwise excepted from disclosure under the Public Information Act available in a format that is accessible to the public at no additional charge to the State.

5.12 GOVERNING LAW AND VENUE

Any contract resulting from this Solicitation will be governed by the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under a contract resulting from this Solicitation is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute that directly…