ESBD_524990_1783544400560_RFP HHS0016867 Enrollment Broker.pdf

RFP No. HHS0016867 Page 1 of 2

Stephanie Muth, Executive Commissioner

Request for Proposals (RFP) for

Enrollment Broker Operations

RFP No. HHS0016867

Date of Release: July 8, 2026

Responses Due: See Schedule of Events (Section 3.1)

NIGP Class/Item Codes

915-22, Communications Marketing Services 915-20, Call Center Services 915-58, Mailing Services; Addressing, Collating, Packaging, Sorting and Delivery 918-67, Human Services Consulting, Including Mental Health 920-05, (AIS) Application, Infrastructure, Hosting, Data Hosting and Cloud Computing Services, Vendor Hosted and Internally Hosted 924-18, Educational Services, Alternative 946-10, Accounting and Billing Services, Including Payroll Services, 3rd Party Reimbursement for Medicare, Medicaid, Private Insurance, etc.

946-49 Financial Services (Not Otherwise Classified) 952-59, Human Services (Not Otherwise Classified) 958-16, Business Management Services 958-56, Health Care Management Services, Including Managed Care Services 961-02, Administrative Services, All Kinds

RFP No. HHS0016867 Page 2 of 3

Table of Contents Article I. Introduction, Definitions, and Authority

1.1 Introduction

1.2 Definitions

1.3 Authority

Article II. Scope of Work

2.1 Description of Services

2.2 Contract Award, Term, and Historical Compensation

2.2.1 Contract Award and Execution

2.2.2 Contract Term

2.2.3 Historical Compensation

2.3 Data Use Agreement and Security Privacy Inquiry

2.4 No Guarantee of Volume, Usage, or Compensation

Article III. Administrative Information

3.1 Schedule of Events

3.2 Ambiguity, Conflict, or Discrepancy

3.3 Inquiries

3.3.1 Sole Point of Contact

3.3.2 Prohibited Communication

3.3.3 Exception to Sole Point of Contact

3.3.4 Solicitation Questions

3.4 Pre-proposal Conference

3.4.1 Attendance

3.4.2 Conference Logistical Information

3.4.3 Questions at Pre-Proposal Conference

3.5 Solicitation Response Composition

3.5.1 General Information

3.5.2 Page Limit and Supporting Documentation

3.5.3 Discrepancies

3.5.4 Exceptions

3.5.5 Binding Offer

3.6 Solicitation Response Submission and Delivery

3.6.1 Deadline

RFP No. HHS0016867 Page 3 of 4

3.6.2 Submission Option

3.6.3 Submission Checklist

3.6.4 Labeling and Delivery for USB Submission and Other Materials

3.6.5 Modifications and Withdrawals

Article IV. Solicitation Response Evaluation and Award Process

4.1 Conformance with State Law

4.2 Best Value Determination

4.2.1 Selection Methodology

4.2.2 Minimum Qualifications

4.2.3 Initial Compliance Screening

4.2.4 Written Solicitation Response Evaluation

4.2.5 Written Response Evaluation Criteria

4.2.6 Advancement Criteria

4.2.7 Oral Presentations

4.2.8 Oral Presentation Criteria

4.2.9 Best and Final Offer (BAFO)

4.2.10 Final Written Response Score and Total Score

4.2.11 Summary of Best Value Determination

4.2.12 Verification of Past Vendor Performance

4.3 Questions or Requests for Clarification

4.4 Final Award Considerations

4.4.1 TX-RAMP Certification Assessment

4.4.2 Accessibility Assessment

Article V. Narrative/Technical Proposal

5.1 Narrative Proposal

5.1.1 Executive Summary

5.1.2 Project Work Plan

5.2 Technical Proposal

5.2.1 Hosting Plan

5.2.2 Technology Architecture

5.2.3 System Availability and Capacity

5.2.4 Software and Hardware Components

5.2.5 System Design, Development and Implementation

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5.2.6 System Integration

5.2.7 System Administration, Support, and Maintenance

5.2.8 System Security and Disaster Recovery

5.2.9 Performance Monitoring and Management

5.3 Qualifications and Demonstrated Relevant Experience

Article VI. Required Respondent Information

6.1 Company Information

6.1.1 Company Profile

6.2 Authorization to Conduct Business in Texas

6.3 References

6.4 Major Subcontractor Information

6.5 Affirmations and Certifications

6.6 TX-RAMP Documentation

6.7 Financial Information

6.7.1 Dun and Bradstreet Reports

6.7.2 Financial Statements and Financial Solvency

6.7.3 Alternate Report

6.8 Corporate Guarantee

6.9 Subcontracting Plan

6.10 Accessibility Compliance

Article VII. Cost Proposal

7.1 Cost Proposal

Article VIII. General Terms and Conditions

8.1 General Conditions

8.1.1 Changes, Modifications, and Cancellation

8.1.2 Offer Period

8.1.3 Costs Incurred

8.1.4 Contract Responsibility

8.1.5 Public Information Act - Respondent Requirements Regarding Disclosure

8.1.6 Respondent Waiver – Intellectual Property

8.1.7 Standards of Conduct for Vendors

8.1.8 Disclosure of Interested Parties

8.2 Insurance

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8.2.1 Required Coverage

8.2.2 Alternative Insurability

8.3 Protest

Article IX. List of Exhibits, Forms, and Attachments

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ARTICLE I. INTRODUCTION, DEFINITIONS, AND AUTHORITY

1.1 INTRODUCTION

The State of Texas, by and through the Texas Health and Human Services Commission (HHSC), seeks a single qualified Contractor (“Enrollment Broker”) to conduct enrollment, client outreach/informing, client financial contribution and fund management services for an improved client experience, collectively referred to as “Enrollment Broker Operations”, in accordance with the specifications contained in this Solicitation.

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

To be considered for award, a Respondent must execute Exhibit A, HHS Solicitation Affirmations, Version 2.10, and provide all other required information and documentation as set forth in this Solicitation.

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

1.2 DEFINITIONS

Refer to Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions (UTC) – Vendor, Version 3.4; Exhibit J, Enrollment Broker Statement of Work; Exhibit Q, HHS Information Security and Privacy Requirements; and Exhibit S, Information Technology Infrastructure Library (ITIL) Severity Levels, for additional definitions.

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

“Addendum” means a written clarification or revision to this Solicitation issued by HHSC PCS and posted to the ESBD.

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

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

“Contract Execution” means the date the Contract is signed and finalized by all Parties.

https://hhs.texas.gov/

RFP No. HHS0016867 Page 7 of 8

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

“DCS” means Data Center Services.

“DFPS” means the Department of Family and Protective Services.

“DIR” means Department of Information Resources.

"Disaster” means an occurrence of any kind whatsoever that adversely affects, in whole or in part, the error-free and continuous operation of the systems supporting the Contract, and/or affects the performance, functionality, efficiency, accessibility, reliability, or security of the system. HHSC will determine when unscheduled system downtime will be elevated to a disaster status. Disasters may include natural disasters, human error, crime, intentional torts, hackers, terrorism, computer virus, malfunctioning hardware, electrical supply and/or other similar events.

"Downtime” means an occurrence of any kind whatsoever that adversely affects, in whole or in part, the error-free and continuous operation of the systems supporting the Contract, and/or affects the performance, functionality, efficiency, accessibility, reliability, or security of the system.

HHSC will determine when unscheduled system downtime will be elevated to a disaster status.

Disasters may include natural disasters, human error, crime, intentional torts, hackers, terrorism, computer virus, malfunctioning hardware, electrical supply and/or other similar events.

“DSHS” means the Department of State Health Services.

“Effective Date” has the same meaning as the definition in Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions – Vendor, Version 3.4.

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

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

“HHSC” means the Health and Human Services Commission.

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

“Oral Presentation” means a secondary evaluation method following the evaluation of the written responses. The method is utilized for the purpose of distinguishing between Respondents that meet the Advancement Criteria specified in this Solicitation.

https://www.txsmartbuy.gov/esbd

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“Oral Presentation Score” means the score provided to a Respondent following the evaluation of the Respondent’s Oral Presentation.

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

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

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

“Solicitation Response” has the same meaning as the definition in Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions – Vendor, Version 3.4.

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

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

“Total Score” means the Final Written Response Score plus any additional points for secondary evaluation activities, as outlined by this Solicitation.

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

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

1.3 AUTHORITY

HHSC is soliciting the services stated in this Solicitation under the authority of Title 10 subtitle D Texas Government Code, Section 2155.144 and 1 Texas Administrative Code Section 391.201.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm#2161.252 https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2155&artSec=2155.144

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ARTICLE II. SCOPE OF WORK

2.1 DESCRIPTION OF SERVICES

Refer to Exhibit J, Enrollment Broker Statement of Work, Exhibit M, Deliverables, and Exhibit N, Key Performance Measures (KPMs) for Services, requirements, Deliverables, and Key Performance Measures (KPMs) with associated liquidated damages to be performed by the Contractor and its Subcontractors during the Contract Term.

2.2 CONTRACT AWARD, TERM, AND HISTORICAL COMPENSATION

2.2.1 Contract Award and Execution

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

If, for any reason, a final Contract cannot be executed with a Respondent selected for award within sixty (60) days of HHSC’s determination to seek to contract with that Respondent, HHSC may negotiate a Contract with the next highest-scoring Respondent or may withdraw, modify, or partially award this Solicitation.

2.2.2 Contract Term

The initial term of any Contract resulting from this Solicitation will be four (4) years. HHSC, at its sole option, may extend any Contract awarded pursuant to this Solicitation for up to four (4) additional years.

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

2.2.3 Historical Compensation

Historical compensation under Contracts with similar scope and size to this Solicitation has ranged from approximately $75M to $82M per State Fiscal Year. Notwithstanding Section 2.2.3 (Historical Compensation), HHSC reserves the right to adjust any projected amount based on state funding during the term of a resulting Contract.

2.3 DATA USE AGREEMENT AND SECURITY PRIVACY INQUIRY

a. By entering into a Contract, or purchase order with the System Agency as a result of this Solicitation, Respondent agrees to be bound by the terms of the Data Use Agreement

RFP No. HHS0016867 Page 10 of 11 attached as Exhibit D, Data Use Agreement (DUA) and Exhibit D-1, Attachment 2 to the DUA, Security and Privacy Inquiry (SPI).

b. The Respondent must complete and return Exhibit D-1, Attachment 2 to the DUA, Security, and Privacy Inquiry (SPI).

c. Contractor shall ensure that all Confidential Information (as defined in the DUA), including such information residing on back-up systems, remains within the United States.

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

2.4 NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

HHSC makes no guarantee of volume, usage, or total compensation to be paid to any Respondent under any awarded Contract, if any, resulting from this Solicitation. Any awarded Contract is subject to appropriations and the continuing availability of funds.

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

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ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Solicitation Posting Date to ESBD July 8, 2026

Pre-proposal Conference, Attendance is Optional July 21, 2026, at 2:00 p.m.

Central Time

Deadline for Submitting Questions or Requests for Clarification

July 24, 2026, at 5:00 p.m.

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

August 14, 2026

Deadline for courtesy SP review August 25, 2026, at 5:00 p.m.

Central Time

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

September 4, 2026, at 10:30 AM Central Time

Evaluation Period September 2026

Respondent Oral Presentation November 2026

Anticipated Notice of Award August 2027

Anticipated Contract Start Date September 2027

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

NOTE: All dates are tentative and HHSC reserves the right to modify these dates at any time. At the sole discretion of HHSC, events listed in the Schedule of Events are subject to scheduling changes and cancellation. Scheduling changes or cancellation determinations made prior to the deadline for submission will be published by posting an Addendum to the ESBD. After the

RFP No. HHS0016867 Page 12 of 13 deadline for submission, if there are delays that significantly impact the anticipated award date, HHSC, at its sole discretion, may post updates regarding the anticipated award date to the Procurement Forecast on the HHS Procurement Opportunities web page. Each Respondent is responsible for checking the ESBD and Procurement Forecast for updates.

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

3.2 AMBIGUITY, CONFLICT, OR DISCREPANCY

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

Respondent submits a Solicitation Response at its own risk.

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

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

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

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

3.3 INQUIRIES

3.3.1 Sole Point of Contact

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

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

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

RFP No. HHS0016867 Page 13 of 14

Name Amy Castro, CTCD, CTCM

Title PCS Purchaser

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

Phone 512-776-6155

Email amy.castro@hhs.texas.gov

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

3.3.2 Prohibited Communication

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

3.3.3 Exception to Sole Point of Contact

Exceptions to Section 3.3.1 are as follows:

a. Respondents with questions relating to the Subcontracting Plan are permitted to direct those questions to the VetHUB coordinator at Cheryl.Bradley@hhs.texas.gov.

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

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

mailto:amy.castro@hhs.texas.gov mailto:cheryl.bradley@hhs.texas.gov

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3.3.4 Solicitation Questions

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

Questions must be submitted by e-mail to the Sole Point of Contact (Section 3.3.1) by the deadline established in Section 3.1 (Schedule of Events). Responses to questions or other written requests for clarification will be consolidated and posted to the ESBD and will not be provided individually to requestors.

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

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

1. Solicitation number;

2. Solicitation package reference (page number, section, and exhibit or attachment, if applicable; may also reference procurement library documents in this manner, if applicable);

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

4. Question for HHSC.

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

1. Company name;

2. Company representative name;

3. Phone number; and

4. E-Mail address.

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

3.4 PRE-PROPOSAL CONFERENCE

3.4.1 Attendance

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

Registration for the pre-proposal conference webinar is required. Attendees must register at the link provided in Section 3.4.2 (Conference Logistical Information). After registering, a conformation email will be sent containing information about joining the webinar.

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3.4.2 Conference Logistical Information

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

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact identified in Section 3.3.1 (Sole Point of Contact), at least seventy-two (72) hours before the meeting in order to have reasonable accommodations made by HHSC.

Webinar Information:

Pre-proposal Conference and HSP Training

Dial in by phone 1-512-580-4366, Phone conference ID: 936 393 308#

3.4.3 Questions at Pre-Proposal Conference

a. Reference Section 3.3.4 (Solicitation Questions) for the required format and information to be provided for submission of questions and requests for clarification.

b. During the conference, HHSC may provide responses to questions and requests for clarification, but only written responses posted by HHSC PCS as an Addendum to the Solicitation on the ESBD will be considered an official, binding update to the Solicitation.

c. HHSC reserves the right to amend, prior to the Solicitation Response Deadline, answers previously posted. Amended answers will be posted on the ESBD. Notification of posting will be in accordance with Section 3.1 (Schedule of Events).

d. Conversations with HHSC program area staff before or after the pre-proposal conference are prohibited.

3.5 SOLICITATION RESPONSE COMPOSITION

3.5.1 General Information

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

https://events.teams.microsoft.com/event/8b617d44-3b59-44a5-82c3-33b086637a78@9bf97732-82b9-499b-b16a-a93e8ebd536b

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3.5.2 Page Limit and Supporting Documentation

The narrative proposal must not exceed thirty (30) pages and must be properly paginated, formatted as an 8 ½" x 11" page with 1-inch margins, and use a 12 point or larger font, except that a smaller font may be used for page headers and footers, footnotes, and illustrations such as tables, charts, diagrams, figures, graphs and other visual aids. If a font smaller than 12 point is used, the text when printed on 8 ½" x 11" paper must not require magnification to be legible. Large organizational charts, diagrams, or technical schematics may be formatted as an 11” x 17” page.

Times New Roman font is preferred. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the Solicitation Response, with specific reference made to the file, page, section, and/or paragraph where the supporting information can be found.

3.5.3 Discrepancies

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

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

3.5.4 Exceptions

If Respondent takes an exception to any provisions of this Solicitation, Respondent in its Solicitation Response must specifically and clearly identify each exception on Exhibit G, Exceptions Form and provide all information requested on the form. Any exception that is not submitted on the form and in the format prescribed by Exhibit G, Exceptions Form will be rejected without consideration.

An exception includes any business, economic, legal, programmatic, or practical assumptions that underlie the Respondent’s Solicitation Response. Respondent must complete the Exhibit G, Exceptions Form if Respondent takes an exception to any exhibit located in Article IX (List of Exhibits, Forms, and Attachments). When completing Exhibit G, Exceptions Form, Respondent must explain the basis for the exception as it relates to this Solicitation. Nonresponsive explanations include references to (1) a prior version of the exhibit published by System Agency and (2) different terms in a previous transaction with System Agency or another State agency.

Respondent represents that it takes no exceptions to any part of this Solicitation if the Solicitation Response does not include a completed Exhibit G, Exceptions Form.

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A Solicitation Response that is not responsive to the Solicitation requirements may result in disqualification. No exception, nor any other term, condition, or provision in a Solicitation Response that differs, varies from, or contradicts this Solicitation will be considered to be part of the Contract unless specifically identified and expressly accepted by System Agency in writing in the Contract.

Respondents are highly encouraged, in lieu of including exceptions in its Solicitation Response, to submit any inquiries regarding the Solicitation in accordance with Section 3.3.4 (Solicitation Questions).

3.5.5 Binding Offer

A Solicitation Response should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated.

Furthermore, all Solicitation Responses constitute binding offers. Any Solicitation Response that includes any type of disclaimer or other statement indicating that the response does not constitute a binding offer will be disqualified.

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

3.6 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.6.1 Deadline

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

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

3.6.2 Submission Option

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

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

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

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

4. In accordance with Section 6.9, (Subcontracting Plan), each USB must contain one file named “Subcontracting Plan” in searchable PDF, that contains the Respondent’s Subcontracting Plan and all supporting documentation.

b. Submission Option #2: Respondent shall submit the following through the Online Bid Room utilizing the procedures in Exhibit V, HHS Online Bid Room:

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

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

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

4. In accordance with Section 6.9, (Subcontracting Plan), must contain one file named “Subcontracting Plan” in searchable PDF, that contains the Respondent’s Subcontracting Plan and all supporting documentation.

3.6.3 Submission Checklist

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

The Solicitation Response must be submitted using one of the approved methods identified in Section 3.6, (Solicitation Response Submission and Delivery). Below are the documents

RFP No. HHS0016867 Page 19 of 20 required to be submitted with the Solicitation Response. Where searchable PDF files are required, submission of non-searchable (image only) PDF files may result in disqualification from further consideration for Contract award.

A. Proposal and Respondent Information

1. Narrative Proposal (Section 5.1) SC ____

2. Technical Proposal (Section 5.2) SC ____

3. Company Information (Section 6.1) SC ____

4. Authorization to Conduct Business in Texas and Franchise Tax Exemption

(Section 6.2) AC ____

5. References (Section 6.3) AC ____

6. Major Subcontractor Information (Section 6.4) AC ____

7. HHS Solicitation Affirmations (Section 6.5, Exhibit A)

SC ____

8. Assurances – Non-Construction Programs (Section 6.5, Exhibit E)

AC ____

9. Certification Regarding Lobbying (Section 6.5, Exhibit F)

AC ____

10. FFATA (Section 6.5, Exhibit I)

AC ____

11. Exceptions (if applicable) (Section 3.5.4, Exhibit G)

AC ____

12. Financial Information (Section 6.7) AC ____

13. TX-RAMP Documentation (Section 6.6) AC ____

14. Accessibility Compliance (Section 6.10) AC ____

15. DUA SPI (Section 2.3, Exhibit D-1)

AC ____

B. Cost Proposal (Article VII) SC ____

C. Subcontracting Plan Requirements

(Section 6.9 and Exhibit O)

SC ____

3.6.4 Labeling and Delivery for USB Submission and Other Materials

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

Overnight/Express/Priority Mail Hand Delivery

RFP No. HHS0016867 Page 20 of 21

Health and Human Services Commission

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

Austin, Texas 78756

Health and Human Services Commission ATTN: Response Coordinator

Procurement & Contracting Services Building

1100 W. 49th St., MC 2020 Austin, Texas 78756

BE ADVISED, all Solicitation Responses become the property of HHSC after submission and will not be returned to the Respondent. It is the Respondent’s responsibility to appropriately mark and deliver the Solicitation Response to HHSC PCS by the specified date. A dated shipping label, invoice of receipt from a USPS or commercial carrier, or any other documentation in lieu of the on-site time stamp WILL NOT be accepted.

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

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

SOLICITATION NO: HHS0016867

SOLICITATION NAME Enrollment Broker

SOLICITATION RESPONSE DEADLINE See Section 3.1, Schedule of Events

PURCHASER NAME: Amy Castro, CTCD CTCM

RESPONDENT NAME: [Respondent Name]

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

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

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3.6.5 Modifications and Withdrawals

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

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ARTICLE IV. SOLICITATION RESPONSE EVALUATION AND AWARD

PROCESS

4.1 CONFORMANCE WITH STATE LAW

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

4.2 BEST VALUE DETERMINATION

4.2.1 Selection Methodology

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

Evaluators will not individually score the Solicitation Responses. This procurement will utilize a consensus evaluation methodology as outlined by this section. Oral Presentations may also be used to make a selection for Contract award, as outlined by this section.

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

4.2.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below.

a. Respondents must have a minimum of three (3) years of experience, within the past ten

(10) years, in providing enrollment services in a healthcare setting;

b. Respondents must be financially solvent and adequately capitalized, as determined based on a review of documentation required by Section 6.7 (Financial Information);

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

RFP No. HHS0016867 Page 23 of 24

4.2.3 Initial Compliance Screening

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

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

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

HHSC may contact references provided in response to this Solicitation. HHSC may contact Respondent’s clients, or solicit information from any available source, including the Comptroller’s VPTS. Any information received may be grounds for disqualification if that information, in HHSC’s sole discretion, suggests that the Respondent may perform poorly if selected.

4.2.4 Written Solicitation Response Evaluation

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

The evaluation team must meet a consensus on the score for each criterion. The evaluation meetings will be led by an unbiased facilitation team who will facilitate the discussion and record the scores. The evaluation team may be assisted by non-scoring technical advisors as needed. The consensus team’s scores are the Final Written Response Scores, unless BAFOs are conducted.

4.2.5 Written Response Evaluation Criteria

Solicitation Responses shall be consistently evaluated and scored in accordance with the following criteria. See also, Exhibit K, Consensus Scoring Rubric.

a. Project Work Plan (30 points)

b. Technical Proposal (30 points)

c. Qualifications and Demonstrated Relevant Experience (20 points)

d. Cost Approach (10 points)

e. Total Cost (10 points)

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4.2.6 Advancement Criteria

After the written Solicitation Response evaluation, Respondents may be selected for invitation to Oral Presentations using the Advancement Criteria specified by this section. Advancement to Oral Presentations will be determined by the Competitive Range.

HHSC will limit advancement to secondary evaluation activities, and further award consideration, to Respondents that meet the specified Advancement Criteria.

The Competitive Range will consist of the Solicitation Responses that receive the highest scores or most satisfactory ratings, based on the published evaluation criteria and procedures governing this procurement. Cutoff for the Competitive Range will be based on the “natural break” in scores and on reasoned judgment that Solicitation Responses below the cutoff cannot be made successful through clarification and negotiation. By way of example, in a scenario where initial evaluation scores are 97, 93, 82, 81, 79 and 68, the Competitive Range may include only the top two Respondents. HHSC is not obligated to enforce a natural break in scores and reserves the right to advance as many or as few Proposals as qualified under this criteria.

4.2.7 Oral Presentations

To further identify the Respondent providing best value, Oral Presentations may be requested. The Advancement Criteria, as described by Section 4.2.6 (Advancement Criteria), will be utilized to determine which Respondents will advance to Oral Presentations.

Respondents selected for Oral Presentations will be the final group of Respondents eligible for award. Oral Presentations will allow for points to be added to Respondent’s Final Written Response Score, in accordance with Section 4.2.7 (Oral Presentations).

HHSC may require a Oral Presentation from any or all Respondents to make a determination for award recommendation. Information from the Oral Presentation will be used in addition to the scoring of the criteria in Section 4.2.5 (Written Response Evaluation Criteria). Respondents will be provided with advance notice of any such Oral Presentation and are responsible for their own presentation equipment. Advance notice will include an agenda and specific scenarios for each category or criteria listed in Section 4.2.8 (Oral Presentation Criteria). Failure to participate in the requested Oral Presentation may eliminate a Respondent from further consideration. HHSC is not responsible for any costs incurred by the Respondent in preparation for any Oral Presentation. All costs incurred by Respondent are the responsibility of Respondent.

4.2.8 Oral Presentation Criteria

Oral Presentation may add up to 10 additional points to a Respondent’s Final Written Response Score. The evaluation team will determine the number of points by consensus, regardless of

RFP No. HHS0016867 Page 25 of 26 whether an individual aggregate or a consensus scoring method was used for the evaluation of the written Solicitation Response.

The opportunity to participate in Oral Presentation will be given in accordance with Section 4.2.1 (Selection Methodology).

Oral Presentation will be scored based on Respondent’s performance according to the following:

a. Enrollment Services (one (1) scenario, 4 of 10 points)

b. Call Center Operations (one (1) scenario, 3 of 10 points)

c. THSteps Outreach, Informing, and Education Services (one (1) scenario, 3 of 10 points)

This section is meant to provide the general criteria the Respondent will be expected to meet during Oral Presentations. Specific scenarios will be provided to Respondents that meet the Advancement Criteria (Section 4.2.6) and are invited to Oral Presentations.

4.2.9 Best and Final Offer (BAFO)

HHSC may, at its sole discretion, following the execution of Section 4.2.1 (Selection Methodology) request BAFOs from all Respondents. The request for a BAFO will allow a Respondent the opportunity to revise its original Solicitation Response, including pricing, or leave its Solicitation Responses originally submitted. Revisions must be submitted in the manner and form prescribed by the BAFO request. Requests will be sent to the point of contact provided by the Respondent. HHSC not responsible for a Respondent’s failure to timely receive the BAFO request.

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

If a response is submitted to a request for a BAFO, the Final Written Response Scores or Total Score as outlined by Section 4.2.10 (Final Written Response Score and Total Score), will be revised in accordance with the stated criteria in Section 4.2.5 (Written Response Evaluation Criteria) as to any changes made to the Respondent’s original Solicitation Response. A request for a BAFO does not guarantee an award or further negotiations.

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

4.2.10 Final Written Response Score and Total Score

A Respondent that does not meet the Advancement Criteria (Section 4.2.6) will not be asked to Oral Presentations, will receive no points for the Oral Presentations added to their Final Written Response Score, their Final Written Response Score will be considered their Total Score, and the

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Respondent will not be further considered for Contract award. For Respondents meeting the Advancement Criteria and who are invited to Oral Presentations, up to ten (10) additional points may be added to the Final Written Response Score. The Total Score will be the Final Written Response Score plus any additional points received. If there are no Oral Presentations, the Total Score is the Final Written Response Score. If BAFOs are conducted, the Total Score may be adjusted in accordance with Section 4.2.9 (Best and Final Offer). Total Score may not always determine best value or selection for negotiation and award, see Summary of Best Value Determination (Section 4.2.11) for more information.

4.2.11 Summary of Best Value Determination

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

4.2.12 Verification of Past Vendor Performance

By submitting a Solicitation Response, Respondent generally releases from liability and waives all claims against any party providing information about Respondent at the request of HHSC.

At its sole discretion, Respondents may be rejected as a result of unsatisfactory past performance under any contract(s) as reflected in vendor performance reports, reference checks, or other sources.

Respondent’s past performance may be considered prior to making an award determination.

a. Reasons for which a Respondent may be denied a contract include, but are not limited to:

1. Respondent has unfavorable reports or grade less than a “C” on the CPA Vendor Performance Tracking System (VPTS);

2. Respondent is currently under a corrective action plan through HHSC;

3. Respondent has had repeated, negative vendor performance reports for the same reason;

4. Respondent has a record of repeated non-responsiveness to vendor performance issues;

or

5. Respondent has contracts or purchase orders that have been cancelled in the previous

12 months for non-performance or sub-standard performance.

b. HHSC may examine other sources of vendor performance, which may include information provided by any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the federal government.