ESBD_465797_1761680879579_00_3202600086_Cochlear_Sound_Processors_IFB.docx

Joe Esparza, Chairman and Commissioner Representing Employers Alberto Treviño III, Commissioner Representing Labor Brent Connett, Commissioner Representing the Public Randy Townsend, Interim Executive Director

RFP No. [RFP#] Page 2 of 2 Invitation for Bids (IFB) for Cochlear Branded Replacement Sound Processors and Accessories Solicitation No. 3202600086 Date of Release: October 29, 2025 Responses Due: November 12, 2025, by 10:00 a.m. Central Time 936-45 Hearing Devices, Aids, Auditory Training Equipment, etc.

Sole Point of Contact for this IFB Meghan Osborn, CTCD Purchaser VendorProposal@twc.texas.gov

IFB No 3202600086

Table of Contents

DEFINITIONS

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

“Addendum” means a written addition, change, or supplement to this Solicitation that is posted to the ESBD prior to the response due date.

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

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

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

“Contract” means the written agreement entered into by TWC and Successful Bidder, which will incorporate the contents of this RFP and the Successful Bidder’s Bid, except as may be provided in the Contract and any amendments thereto.

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

“ESBD” means the Electronic State Business Daily, an online platform, administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

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

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required to be submitted with all Bids for state agency contracts with an expected value of $90,000 or more and where TWC has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by TWC during the term of the Contract.

“IFB” means this document including all exhibits, attachments, forms, and Addenda, if any. May also be referred to as Invitation for Bids.

“PCS” means Procurement and Contract Services, a department within TWC’s Business Operations division.

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

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

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

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

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

“TWC” means the Texas Workforce Commission.

“VPTS” means Vendor Performance Tracking System, as described under Texas Government Code § 2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas Government Code § 2155.089 and 34 TAC § 20.509.

ARTICLE I. PURPOSE, AUTHORITY AND SCHEDULE OF EVENTS

1.1 Purpose

The Texas Workforce Commission (TWC) is seeking bids to establish pricing for Cochlear branded replacement implant sound processors and accessories.

Procurement and HUB Services (PHS), a division of Procurement and Contract Services (PCS), a department within TWC’s Business Operations division, will administer the procurement process for this Solicitation, which includes IFB announcement and publication, Bidder communications, receipt of Responses, screening of timely received responses, and facilitating the evaluation of qualified Responses. PCS, in coordination with each TWC program, manages the execution of the award, through issuance of Purchase Order(s) or other Contract document, resulting from this IFB.

Information regarding TWC and its programs is available online and can currently be accessed at www.twc.texas.gov.

1.2 Authority

TWC is soliciting the goods and/or services stated in this IFB under of the authority Texas Government Code §§ 2155.062 and 2156.001.

1.3 Schedule of Events

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

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

ARTICLE II. SCOPE OF WORK

2.1 Overview/Background

The TWC Vocational Rehabilitation (VR) Division (VRD) serves VR customers who have moderate to profound hearing loss including customers who have cochlear implants. Purchases made on behalf of VR customers include the purchase of replacement Cochlear branded implant sound processors and accessories on an “as needed” basis to better enable VR customers to seek competitive integrated employment or to further their education.

This IFB is issued for purposes of establishing pricing for the Cochlear branded replacement sound processors and accessories based on a percentage discount(s) from the Cochlear pricing list.

2.2 Description of Services/Scope of Work/Specifications

All equipment submitted through the bid process shall meet the applicable specifications and part numbers for the items, and shall be provided at a fixed discount pricing list as identified on Form 2 - Cost Sheet.

0. VR Customer Usage Process

a. The VR counselor (VRC) or VR staff will contact the Successful Bidder for a quote based on the sound processor and/or accessories that are needed for the VR customer and will provide evidence of the VR customer’s insurance, a letter of medical necessity, and any determination of approval or denial of coverage along with the Cochlear Order Form completed by the VR customer’s audiologist or Ear, Nose and Throat (ENT) physician.

b. VR is the payer of last resort. After the VR customer's primary and/or secondary benefit coverage has been applied, VR pays the Successful Bidder an amount equal to the copayment, coinsurance, or deductible due. VR will not pay more than the amount allowed by the VR customer's insurance or more than the rate specified in the resulting Contract, whichever is less.

c. Cochlear implant sound processors and accessories that are vocationally necessary but are denied coverage by the VR customer's primary and/or secondary benefit coverage, will be purchased at the rate specified in the resulting Contract.

d. Upon receipt of the quote, a Service Authorization (SA) will be issued for the sound processor and/or accessories. SAs include ship to, bill to, VR contact information, VR customer’s name, and information related to the treating professional who may be an Otolaryngologist (ENT) or Audiologist. Sound processors and/or accessories must be shipped to the treating professional’s clinic. Sound processors and/or accessories must not be shipped directly to the VR customer. Purchase and shipment are only authorized by a VR SA.

e. Refunds. When sound processors are returned to the Successful Bidder that are incorrect, defective, or do not function properly for the VR customer, and payment has been received by the Successful Bidder, the Successful Bidder must issue a refund in the form of a physical check for the item(s) within thirty (30) calendar days of receipt of the item(s) to:

Texas Workforce Commission - Rehabilitation Services Division 101 E. 15th Street - 144T Austin, TX 78778-001 ATTN: Program Specialist for Deaf and Hard of Hearing

f. Exception to the thirty (30) calendar day refund requirement: refunds may be delayed until such time as the account becomes current if the VR unit's account is past due. The refund must be supported by documentation identifying the associated SA number and the description of the item(s) being refunded.

Warranty Sound processors and accessories purchased with VR funds must have a minimum one-year loss damage warranty. No deductibles may be invoiced for sound processors and accessories covered by warranty.

0. Payment The Successful Bidder must do the following below in order to receive payment:

a. Provide new sound processors and/or accessories as specified on the SA at the rate established under the resulting Contract.

b. Deliver the products to the specified address on the date mutually agreed upon by the VR counselor, VR customer within thirty (30) days of receipt of the SA date or notify the VR staff listed on the SA of the estimated delivery date upon receipt of the SA.

c. Deliver the products in an assembled and fully functional state.

ARTICLE III. GENERAL INFORMATION

3.1 Terms and Conditions

The Terms and Conditions identified in the Solicitation, Attachment 1 – TWC VR Terms & Conditions are applicable to this Solicitation and any Contract resulting from this Solicitation. TWC reserves the right to incorporate additional provisions in the Contract in the best interest of TWC.

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

3.2 Contract Award

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

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

3.3 Contract Term

The Contract Term will commence on the fully executed Contract date and expire on August 31, 2026. At the end of the initial Term, TWC will have the sole option to renew the term of the Contract for four (4) additional one- year terms.

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

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

3.4 Price Adjustment

Pricing agreed to in any resulting Contract shall be firm and remain constant based on the price agreed upon at award through the life of the Contract and any exercised optional renewal terms, if applicable.

3.5 Payments

Payment will be made by TWC in accordance with the pricing provided on Form 2 – Cost Proposal. The pricing is considered all-inclusive, and no other pricing may be provided on an invoice.

TWC must acknowledge that the services have been satisfactorily performed, and products received, if applicable, which are included on an invoice prior to approving the invoice for payment.

Any additional expenses incurred by the Contractor are the responsibility of the Contractor and will not be paid by TWC.

TWC will not pay any per diem, travel, hotel, equipment, phone calls, paper, reproduction services, office space, or other incidental expenses related to performing the services required by the Contract.

3.6 Contract Amendments

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

3.7 No Guarantee of Volume, Usage or Compensation

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

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

3.8 Governmental Entities

If Bidder is responding to this Solicitation in its capacity as a governmental entity, certain Terms and Conditions found in this Solicitation, including exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Bid is received from a governmental entity, TWC reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

3.9 Offer Period

Bids shall be binding for a period of ninety (90) days after the submission due date. A Bidder may extend the time for which its Bid will be honored. Upon Contract execution, prices agreed upon by the Successful Bidders(s) are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Successful Bidder unless expressly agreed upon in writing by TWC.

3.10 Cost Incurred

Bidder understands that issuance of this Solicitation in no way constitutes a commitment by TWC to award a Contract. Additionally, TWC is not liable for any costs incurred by a Bidder in the preparation of a response to this Solicitation. Costs of developing Bids, preparing for, or participating in Oral Presentations and Site Visits, or any other similar expenses incurred by a Bidder are entirely the responsibility of the Bidder, and will not be reimbursed in any manner by the State of Texas.

3.11 Public Information Act-Bidder Response

Information, documentation, and other materials submitted in connection with this Solicitation or resulting Contract may be subject to public disclosure pursuant to the Texas Public Information Act, Texas Government Code, Chapter 552. See Attachment 1 – TWC VR Terms & Conditions, Section 2.4.

If Bidder asserts that information provided in its Bid is exempt from disclosure under the Texas Public Information Act, Bidder must mark and submit two separate, searchable Portable Document Format (PDF) copies (Original Bid and “Public Information Act Copy,” including attachments, of the Original Bid) as identified below. This copy is in addition to the original and all copies otherwise required under the provisions of this Solicitation).

3.12 Public Information Action-Contract Award

a. Within five (5) Business Days from Contract execution, the Successful Bidder must submit a “Public Information Act Copy” of the Original Executed Contract (in addition to the Original Executed Contract) to the TWC Contract Manager by email. The Public Information Act Copy must meet the following requirements:

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

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

d. Successful Bidder must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection b of this section must be identical to those set forth in the Original Bid as required in Section 3.11. above. The only difference in required markings and information between the Original Contract and the “Public Information Act Copy” of the contract will be redactions, which can only be included in the “Public Information Act Copy.” There must be no redactions in the Original Executed Contract.

3.13 Bidder Waiver-Intellectual Property

SUBMISSION OF ANY DOCUMENT TO TWC IN RESPONSE TO THIS SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER AND AGREEMENT BY BIDDER TO FULLY INDEMNIFY THE STATE OF TEXAS AND TWC FROM ANY CLAIM OF INFRINGEMENT AGAINST THE STATE OF TEXAS AND TWC REGARDING THE INTELLECTUAL PROPERTY RIGHTS OF BIDDER OR ANY THIRD PARTY FOR ANY MATERIALS SUBMITTED TO TWC BY BIDDER.

3.14 Changes of Ownership or Financial Condition

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

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

3.15 Liquidated Damages

3.15.1 General

It is agreed by TWC and the Successful Bidder that:

a. If the Successful Bidder does not provide or perform the requirements referred to or listed in this Solicitation or fulfill the obligations of the Contract, damage to TWC will result;

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

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

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

e. nothing contained in this section shall be construed as relieving the Successful Bidder from performing all Contract requirements whether or not said requirements are set forth herein; and

f. TWC may, therefore, in its sole discretion, deduct damages from the compensation otherwise due to the Successful Bidder, an amount equivalent to two percent (2%) of the total cost of services. All assessments of damages shall be within the sole discretion of TWC.

3.15.2 Assessment of Liquidated Damages

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

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

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

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

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

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

g. The Successful Bidder must make payment within thirty (30) days of TWC’s demand.

h. In the event the Successful Bidder fails to pay within the thirty (30) day period, TWC may utilize the option to withhold any additional payments.

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

3.16 Severability

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

3.17 Franchise Tax - Right to Transact Business in Texas

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

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

3.18 Subcontractor Requirements

Bidder must indicate whether or not it holds any financial interest in any Subcontractor. As a condition of award, an authorized officer or agent of each proposed Subcontractor may be required to sign a statement to the effect that the Subcontractor has read, and will agree to abide by, Bidder’s obligations under any Contract awarded pursuant to this Solicitation.

The Successful Bidder must obtain prior written approval from TWC if any part of the Contract between TWC and the Successful Bidder is to be subcontracted, and the Subcontractor must comply with all applicable requirements of TWC. TWC reserves the sole right to require the Successful Bidder to terminate any Subcontractor with or without cause.

In the event TWC approves of the use of any Subcontractor, the Successful Bidder is not relieved of its responsibility and obligation to meet all the requirements of this Solicitation.

TWC will incur no additional obligations, and the obligations of the Successful Bidder will not be reduced as a result of any such subcontracts.

The Successful Bidder’s obligation to pay Subcontractors is governed by Texas Government Code § 2251.022 (Time for Payment by Vendor), and any amendments thereto.

ARTICLE IV. BID PROCESS

4.1. General Information

4.1.1 Sole Point of Contact

The Sole Point of Contact for this Solicitation is:

All requests, questions, or other communication about this Solicitation must be made in writing and directed to the Sole Point of Contact.

4.1.2 Prohibited Communication

Except as provided in Section 4.1.1 (Sole Point of Contact), a potential Bidder and Bidder that has submitted a Bid is prohibited from any communication with TWC regarding the Solicitation. Unless allowable, TWC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Bidder or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Bidder shall rely only on written statements issued by or through TWC designated staff as provided by the Sole Point of Contact in Section 4.1.1. Failure to comply with these restrictions may result in disqualification of Bidder's Bid. These restrictions do not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

4.2 Bid Composition

4.2.1 General Information

Bidder must fully and completely address all requirements described in this Solicitation. Incomplete or partial Bids will not be considered. The Bidder must provide all information that the Bidder believes would be helpful to TWC in evaluating the Bidder’s ability to fulfill the Solicitation requirements. Bidder shall prepare a Bid that clearly and concisely represents its qualifications and capabilities.

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

4.3. Bid Submission and Delivery

4.3.1 Deadline

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

4.3.2 Submission Method

You must submit your bid electronically by email to VendorProposals@TWC.TEXAS.GOV. Reference the Title and IFB No. and the Submission Deadline date and time, in the subject line.

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

Hard copies received will not be accepted or reviewed.

4.3.3 Ownership of Bids

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

4.3.4. Modifications and Withdrawals

Prior to the Bid submission deadline in Section 1.3 (Schedule of Events), Bidder may: (1) withdraw its Bid by submitting a written request to the Sole Point of Contact identified in Section 4.1.1 (Sole Point of Contact); or (2) modify its Bid by submitting a written amendment to the Sole Point of Contact identified in Section 4.1.1 (Sole Point of Contact). When amending its Bid, Bidder must include, in writing, the section(s) of its submission that will be replaced or removed by the amendment.

4.4. Additional Information

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

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

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

4.5. Ambiguity, Conflict, or Discrepancy

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

If Bidder fails to properly and timely notify the Sole Point of Contact, Section 4.1.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the IFB, the Bidder, whether awarded a Contract or not:

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

b. Submits a Bid at its own risk;

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

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

ARTICLE V. BID EVALUATION

5.1 Screening of Responses

An administrative screening of timely received Responses will be conducted by TWC PCS to determine which Responses meet all IFB minimum requirements and are deemed responsive and qualified for further consideration. In accordance with Texas Government Code § 2262.055(d), TWC will consider Respondent performance as recorded in the CPA Texas Vendor Performance Tracking System (VPTS), described in Texas Administrative Code, 34 TAC § 20.115.

TWC reserves the right to ask questions or request clarification from any Bidder at any time during the screening process.

5.2 Evaluation

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

ARTICLE VI. REQUIRED BID INFORMATION

6.1 Execution of Bid

Bidder must complete, sign, and return Form 1 – Execution of Bid. By signing, Bidder agrees to provide the goods and/or services described in this Solicitation and agrees to abide by all TWC Terms and Conditions as specified in this Solicitation and in any Contract resulting from an award.

6.2 Financial Soundness

The Bidder must complete Form 3 – Financial Questionnaire unless it is a governmental entity. Failure to include any of the items listed for the appropriate company type may result in disqualification of the Bidder’s Bid. If TWC learns of a failure to disclose after a Contract has been awarded to the Successful Bidder, the Contract may be terminated. In the event of such termination, the Successful Bidder shall be liable for all costs associated with the re-procurement, including any increased costs for the services originally awarded.

6.3 Cost Proposal

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

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

6.4 HUB Subcontracting Plan

The TWC HUB Program has reviewed the requirements of this solicitation and determined that subcontracting opportunities are not probable under the contract. Therefore, Bidders are not required to submit a HUB Subcontracting Plan with their Bid at the time of submission.

LIST OF ATTACHMENTS AND FORMS

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