Joe Esparza, Chairman and Commissioner

Representing Employers

Alberto Treviño III, Commissioner

Representing Labor

Brent Connett, Commissioner

Representing the Public

Steve Pier, Executive Director

Request for Proposal (RFP)

For

2027 TEXAS RISING STAR EARLY EDUCATOR

CONFERENCE KEYNOTE SPEAKER

Solicitation No. RFP #3202700005

Date of Release: June 11, 2026

Responses Due: July 14, 2026, by 10:00 a.m. Central Time

972-58 KEYNOTE SPEAKER

SOLE POINT OF CONTACT FOR THIS RFP

Madison Shepperd CTCD, CTCM

Procurement Lead

TWC Procurement Portal https://twc-texas-gov.bonfirehub.com/portal/?tab=openOpportunities

RFP No. 3202700005 ver. 1 Page 2 of 46

Table of Contents

Article I .... Purpose

Article II .. Scope of Work

2.1 Overview/Background

2.2 Scope of Work

Article III Solicitation Process

3.1 Authority

3.2 Schedule of Events

3.3 Contract Documents

3.4 Attachments and Forms

3.5 Sole Point of Contact

3.5.1 Prohibited Communication

3.6 Questions/Requests for Clarification

3.7 Addenda

Article IV . Response Submission Instructions

4.1 Deadline

4.2 General Information

4.3 Response Format

4.4 Discrepancies

4.5 Submission Method

4.6 Required Forms and Submission Documents

4.7 Narrative Proposal

4.7.1 Notice to Respondent with multiple speakers and/or topics:

4.7.2 Executive Summary

4.7.3 Execution of Response

4.7.4 Project Work Plan

4.8 References

4.8.1 Similar Contracts

4.8.2 Contract Performance

RFP No. 3202700005 ver. 1 Page 3 of 46

4.9 Cost Response

4.10 Offered Options

4.11 Exceptions

4.12 Binding Offer

4.13 Franchise Tax – Right to Transact Business in Texas

4.14 Ambiguity, Conflict, or Discrepancy

4.15 Response Irrevocability

4.16 TWC Questions or Requests for Clarification

4.17 Cost of Submission and Additional Evaluation Activities

4.18 TWC Rights

Article V ... Evaluation and Award

5.1 Conformance With State Law

5.2 Minimum Qualifications (Pass/Fail)

5.3 Initial Compliance Screening

5.4 Response Evaluation

5.5 Evaluation Criteria

5.6 Competitive Range

5.7 Discussions and Revised Responses

5.8 Best and Final Offer (BAFO)

5.9 Final Response Score and Total Score

5.10 Summary of Best Value Determination

5.11 Public Information Act

5.11.1 Responses

5.11.2 Contract

Article VI . General Terms and Conditions

6.1 Contract Award

6.2 Contract Term

6.3 Price Adjustment

6.4 Contract Amendments

6.5 No Guarantee of Volumes, Usage, or Compensation

6.6 Governmental Entities

RFP No. 3202700005 ver. 1 Page 4 of 46

6.7 Respondent Waiver – Intellectual Property

6.8 Insurance

6.9 Remedies

6.9.1 Assessment of Remedies

6.9.2 Failure to Assess Remedies

6.9.3 Failure to Comply with Disclosure Requirement

6.9.4 Failure to Produce Records or Information

6.10 Liquidated Damages

6.10.1 General

6.10.2 Liquidated Damages Assessment

6.10.3 Specific Liquidated Damage(s)

6.11 Severability

RFP No. 3202700005 ver. 1 Page 5 of 46

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:

Table 1: Definitions

Term/Acronym Definition

Addendum A written addition, change, or supplement to this Solicitation that is posted to the ESBD and issued prior to the response due date.

Additional Evaluation Activities

Include Oral Presentations, Clarifications, Discussions, Proofs of Concept, Demonstrations, and/or Site Visits.

These Additional Evaluation Activities follow the evaluation of the written Responses and may be utilized by TWC to evaluate and ensure specifications meet TWC’s needs as outlined in the Solicitation.

Additional Evaluation Activities provide an opportunity for Respondents to highlight the strengths and unique aspects or clarify their Responses. These activities may be scored, as indicated in RFP Section 5.7 Discussions and Revised Responses.

BAFO Best and Final Offer.

RFP No. 3202700005 ver. 1 Page 6 of 46

Term/Acronym Definition

Business Day The day and hours (Monday through Friday, 7 a.m. to 6:00 p.m. Local Time) in which TWC is open for business.

TWC is closed for business on the scheduled holidays indicated by the State Auditor’s Office available at https://hr.sao.texas.gov/holidays/.

The terms “Working Day” and “Business Day” may be used interchangeably. All uncapitalized references to “day” shall mean calendar day.

Competitive Range

Consists of the Responses that have a reasonable chance of being selected for award based on the evaluation criteria and the best value criteria as stated in this Solicitation.

Contract Means the written agreement entered into by TWC and Successful Respondent, which will incorporate the contents of this Solicitation and the Successful Respondent’s Response, 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.

CTCD Certified Texas Contract Developer.

CTCM Certified Texas Contract Manager.

Early Childhood Children ages 0 to 5 years.

https://hr.sao.texas.gov/holidays/

RFP No. 3202700005 ver. 1 Page 7 of 46

ESBD The Electronic State Business Daily. An online platform administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts (CPA). The ESBD may be accessed as http://www.txsmartbuy.com/esbd.

Final Written Response Score

Refers to the final scoring of the Solicitation based on the Scoring Matrix published in the Solicitation.

Fiscal Year (FY) Texas State Fiscal Year, September 1 through August 31.

Local Time Central Standard Time (CST) or Central Daylight Time (CDT), as is then prevailing in Austin, Texas.

NIGP National Institute of Governmental Purchasing

NIST National Institute of Standards and Technology

Offered Options Options that are not requested in response to this Solicitation but may be identified by a Respondent and included in its Response. A Respondent is not obligated to include an Offered Option in its Response. This is an opportunity for Respondents to offer options that TWC may not have been aware of at the time this Solicitation was written. TWC makes no commitment to quantity or timing of acquisition of Offered Options and Offered Options are not considered during evaluation of Responses.

Primary Education Means providing educational services to children ages 5 years to 12 years.

PS Procurement Services, a section within TWC.

http://www.txsmartbuy.com/esbd

RFP No. 3202700005 ver. 1 Page 8 of 46

PO Purchase Order.

POCN Purchase Order Change Notice.

Respondent The individual or entity that submits a Response to this Solicitation. The term includes anyone acting on behalf of the individual or entity that submits a Response, such as an agent, employee, and representative. Also referred to a “Vendor.”

Response A Respondent’s response to this Solicitation; also Proposal.

RFP Request for Proposal. A formal solicitation document issued by TWC to the vendor community requesting a response for goods or services. (This document.)

Solicitation This RFP, including all exhibits, attachments, forms, and Addenda, if any. May include Requests for Revised Responses or Best and Final Offer (BAFO), if issued.

State The State of Texas and its instrumentalities, including TWC, its officers, employees, or authorized agents, and any other state agencies.

Subcontractor Any entity(ies) or person(s) providing goods or services under the Contract on Respondent’s behalf, whether or not the entity(ies) or person(s) has/have a written agreement with the Respondent. 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.

RFP No. 3202700005 ver. 1 Page 9 of 46

Successful Respondent

The Respondent with whom the TWC executes a Contract to provide the goods and/or services that this Solicitation requires.

Texas Rising Star The state of Texas’s quality rating and improvement system that child care programs are evaluated on to determine high-quality care.

Total Score The Final Written Response Score that includes revised points for additional evaluation activities if any, as outlined by this Solicitation.

TWC Texas Workforce Commission.

TWC Procurement Portal

The online platform used by TWC for publishing solicitations informing vendors of procurement opportunities and response requirements and providing public notice of contract awards.

VPTS 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. The VPTS is available at:

https://www.txsmartbuy.gov/vpts.

https://www.txsmartbuy.gov/vpts

RFP No. 3202700005 ver. 1 Page 10 of 46

ARTICLE I PURPOSE

The Texas Workforce Commission (TWC) is seeking Responses from qualified speakers for a keynote presentation for Texas Rising Star Early Educator conferences. TWC will be hosting three (3) Texas Rising Star Early Educator

Conferences in 2027. The audience will be comprised of early childhood professionals including child care and early learning administrators (owners and directors) and early childhood teachers (child care staff) who work in

Texas Rising Star-certified facilities.

The TWC Procurement Services (PS) section will administer the procurement process for this Solicitation, which includes Solicitation publication, handling of communications from Respondents, as well as managing the receipt of

Responses for review and evaluation.

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

ARTICLE II SCOPE OF WORK

2.1 OVERVIEW/BACKGROUND

The Texas Rising Star Early Educator Conference is presented by TWC Child

Care and Early Learning division. The conference includes representatives from Texas Rising Star certified child care programs across the state.

Historically, the event has hosted up to 900 attendees for a day and a half

(1.5 days) in a ballroom setting with numerous breakout sessions. TWC will host three (3) conferences in 2027, in January, July, and August, in various locations across Texas (see Section 2.2 Scope of Work). This RFP seeks to procure an eligible and qualified presenter for the keynote session of all three (3) conferences.

http://www.twc.texas.gov/

RFP No. 3202700005 ver. 1 Page 11 of 46

Respondent must affirm its intent to comply with the requirements as stated in Article II Scope of Work, and affirm that it will continue to comply with these requirements during the term of the Contract issued as a result of this

Solicitation, if any.

2.2 SCOPE OF WORK

TWC is seeking one (1) keynote speaker who can meet the following criteria:

1. Qualification and demonstrated expertise to speak about the following topics of interest: inspiring, motivational stories of how early education/educational experiences shaped/informed the speaker’s personal or professional life; encouragement of perseverance and continued professional development within the early education profession; and/or working with families and children in high-risk situations. Other topics may be considered based on their relation to the early childhood education field.

2. Availability and commitment to speak at all three (3) conference dates and locations listed below:

Table 2: Conference Locations and Dates

Location Conference Dates Speaking Date

Houston, Texas January 13-15, 2027 Thursday, January 14, 2027

Houston, Texas July 12-14, 2027 Tuesday, July 13, 2027

Grapevine, Texas August 04-06, 2027 Thursday, August 05, 2027

3. Ability to make his/her own arrangements to travel to the three (3) listed conference locations for on-time delivery of the keynote presentation at each conference.

RFP No. 3202700005 ver. 1 Page 12 of 46

4. Ability to specify speaker fees that will be inclusive of all fees and travel (Note: hotel accommodations for up to two (2) nights will be provided by TWC) with a limit of $12,500 per presentation.

5. Ability to deliver a keynote presentation that will be at a minimum of 45 minutes and at a maximum of 60 minutes that will be recorded for TWC record retention purposes.

6. Upon selection as the keynote speaker, ability to pass a background check conducted by TWC to ensure the individual and, if applicable, the speaker’s company/agency are current on all matters that may be pending with TWC, including but not limited to, unemployment insurance claims and wage claims.

7. Upon delivery of each keynote presentation, ability to submit an invoice that meets TWC’s requirements for payment processing.

ARTICLE III SOLICITATION PROCESS

3.1 AUTHORITY

TWC is soliciting the goods and/or services stated in this Solicitation under the authority of Texas Government Code § 2156.001, 2156.205 and

2156.121.

All official communication (including, but not limited to, Schedule of Event changes, Addenda, and Questions and Answer documents) will be posted to the Electronic State Business Daily (ESBD). TWC has no responsibility to communicate personally with each potential Respondent for this

RFP No. 3202700005 ver. 1 Page 13 of 46 procurement. Each interested party is solely responsible for checking the

ESBD for official TWC communication regarding this procurement.

3.2 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 cancellations made prior to the Deadline for Submission of Responses will be published as an Addendum posted to the ESBD.

Table 3: Schedule of Events

Event Date and Time

Solicitation Posted to ESBD June 11, 2026

Deadline for Submitting Questions or Requests for Clarification

June 18, 2026, at 5:00 PM Central

Time

Deadline for Submission of

Response

NOTE: Responses must be

RECEIVED by TWC by the deadline.

July 14, 2026, at 10:00AM

Central Time

Expected Contract Award November 2026

Respondent must submit its Response to TWC in accordance with the due date and time as indicated in this Section 3.2 Schedule of Events or as changed via an Addendum posted to the ESBD.

RFP No. 3202700005 ver. 1 Page 14 of 46

3.3 CONTRACT DOCUMENTS

The Contract(s) resulting from this solicitation may consist of the provisions in this solicitation (including its attachments, forms, exhibits, and any

Addenda); the Successful Respondent’s Response, any TWC Revised Request for Proposal, the Successful Respondent’s Response to the Revised Request for Proposal, and TWC’s Purchase Order (PO). No prior agreement or understanding, oral or otherwise, of the parties or their agents will be valid or enforceable unless embodied in these documents. In the event of a conflict between the provisions of these documents, the documents are given the following order of priority: (1) most recent Revised Request for

Proposal (if any); (2) Successful Respondent’s Response to the Revised

Request for Proposal or Best and Final Offer (BAFO), if any; (3) original

Request for Proposal; and (4) Successful Respondent’s Response.

TWC may elect to have the Contract(s) resulting from this Solicitation consist of a single document. This document will contain all rights and duties of the parties extracted from the relevant terms and conditions of the

Solicitation (including its attachments, forms, exhibits, and any Addenda), the Successful Respondent’s Response, the Revised Request for Proposal or

BAFO, if any, and Successful Respondent’s Response to the Revised Request for Proposal or BAFO, if any. Prior to award, TWC will prepare the Contract for review by the Successful Respondent.

Discussions may be had concerning possible revisions to the draft Contract to clarify points, further define Contract text, or to correct minor technicalities. These discussions are to be finalized and all requests for revisions resolved within ten (10) Business Days after the Successful

Respondent receives the draft Contract for review or such additional time that may be agreed to by TWC. If discussions are not finalized within such time frame, the Response may be rejected, and discussions may be initiated with the next highest scoring Respondent.

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3.4 ATTACHMENTS AND FORMS

Table 4: Attachments and Forms

Attachment/Form Title

Attachment 1 TWC Speaker Fee Agreement Terms and

Conditions

Attachment 2 Insurance Requirements

Form 1 Execution of Response

Form 2 Cost Response

Form 3 References

Form 4 Questions and Answers

Form 5 Substitute W-9 and Direct Deposit Form with

Instructions

3.5 SOLE POINT OF CONTACT

All requests, questions, or other communication about this Solicitation must be made in writing to PS, addressed to the person listed below (Sole Point of

Contact) with the Solicitation number in the subject line.

Madison Shepperd CTCD, CTCM

Procurement Lead

VendorProposals@TWC.texas.gov

3.5.1 Prohibited Communication

Except as provided in Section 3.5 Sole Point of Contact, all communication with TWC regarding this Solicitation is prohibited. Unless allowable, TWC, 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 mailto:VendorProposals@TWC.texas.gov

RFP No. 3202700005 ver. 1 Page 16 of 46 statements issued by or through TWC designated staff as provided by

Section 3.5 Sole Point of Contact.

Failure to comply with these restrictions may result in disqualification of Respondent's Response. These restrictions do not preclude discussions between affected parties for the purpose of conducting business unrelated to this Solicitation.

3.6 QUESTIONS/REQUESTS FOR CLARIFICATION

TWC will allow written questions and requests for clarification regarding this

Solicitation. Questions must be submitted through the TWC Procurement

Portal to the Sole Point of Contact listed in Section 3.5 Sole Point of Contact by the deadline established in Section 3.2 Schedule of Events using Form 4

- Questions and Answers. Include the Solicitation section and page number to which each question applies.

TWC will post all questions and answers and, if appropriate, an Amended

Solicitation to the ESBD. Responses to questions or other written requests for clarification will not be provided individually to prospective Respondents submitting questions.

TWC reserves the right to amend answers previously posted. Amended answers will be posted to the ESBD. It is the Respondent’s responsibility to check the ESBD. TWC also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

Questions or requests for clarification received after the deadline in Section

3.2 Schedule of Events may be reviewed by TWC but may not be answered.

Only TWC's written answers posted on ESBD, in accordance with this section, are binding.

RFP No. 3202700005 ver. 1 Page 17 of 46

3.7 ADDENDA

Should an addition or correction become necessary after the Solicitation is issued, an Addendum relating the necessary information will be posted to the ESBD. Respondents are responsible for periodically checking the ESBD for addenda or additional information. Respondents are required to acknowledge the Addenda by returning the signed Acknowledgment of Addenda with the Response. Failure to do so does not absolve a

Respondent from the requirements contained within any Addenda.

ARTICLE IV RESPONSE SUBMISSION

INSTRUCTIONS

4.1 DEADLINE

Responses must be received by PS as prescribed no later than the date and time specified in Section 3.2 Schedule of Events.

Responses received after the deadline specified in Section 3.2 Schedule of

Events will be rejected and will not be evaluated or considered for Contract award. TWC is not responsible for Responses delivered late, illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

4.2 GENERAL INFORMATION

Respondent must fully and completely address all requirements described in this Solicitation. Incomplete or partial Responses will not be considered. The

Respondent must provide all information that the Respondent believes would be helpful to TWC in evaluating the Respondent’s ability to fulfill the

Solicitation requirements. Respondent shall prepare a Response that clearly and concisely represents its qualifications and capabilities.

RFP No. 3202700005 ver. 1 Page 18 of 46

4.3 RESPONSE FORMAT

The Response to this Solicitation must:

a. Be responsive to all Solicitation requirements;

b. Be in the 8 1/2" by 11" paper layout;

c. Be clearly legible; and

d. Be presented using font type Verdana or Arial, font size 12-point, with one (1) inch margins and 1.25 line spacing; the sole 12-point font size exception is no less than size 10 point for tables, graphs, and appendices.

4.4 DISCREPANCIES

In the event of any discrepancies or variations between copies, TWC is under no obligation to resolve the inconsistencies and may make its scoring and selection decision, accordingly, including the decision to potentially disqualify a Response. If Respondent fails to designate an “Original” Response as required by Section 4.5 Submission Method, TWC in its sole discretion, will determine the version to be used as the original or may disqualify the

Response. If the Respondent submits a redacted Response as the “Original,”

TWC will disqualify the Response, and it will not be evaluated.

TWC will not accept submissions after the Response due date in Section 3.2

Schedule of Events to remedy discrepancies or variations in Response submissions.

4.5 SUBMISSION METHOD

TWC has implemented the eProcurement platform referred to as the TWC

Procurement Portal. Respondent must upload all documentation indicated to the TWC Procurement Portal link on the “Open Opportunities” tab.

RFP No. 3202700005 ver. 1 Page 19 of 46

Submissions by any other method will not be accepted.

To respond to this Solicitation, Respondents must register through the TWC

Procurement Portal website. There is no charge to register.

Step-by-step instructions are available at: Vendor Registration –

Procurement

For a quick tutorial through the registration and submission process, visit:

Submissions – Procurement.

Any issues with uploading must first be addressed with the TWC

Procurement Portal Technical Support at the contact information included in the Procurement Information Summary and TWC Procurement Portal

Instructions to Respondents document.

Respondents must contact the Sole Point of Contact prior to the deadline if there are issues with using the TWC Procurement Portal and an alternative submission method may be required. Failure to contact the Sole Point of

Contact well before the deadline to make alternative arrangements will disqualify any subsequent Response submission.

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.

It is the Respondent’s responsibility to appropriately mark and upload the

Response to the TWC Procurement Portal by the specified date. Each

Respondent is solely responsible for ensuring its Response is submitted in accordance with all Solicitation requirements and ensuring timely receipt by

TWC.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.

https://procurement-help.eunasolutions.com/hc/en-us/sections/48366912105235-Vendor-Registration https://procurement-help.eunasolutions.com/hc/en-us/sections/48366912105235-Vendor-Registration https://procurement-help.eunasolutions.com/hc/en-us/sections/48367002918163-Submissions

RFP No. 3202700005 ver. 1 Page 20 of 46

To confirm receipt of all electronic submissions, Respondent should request a confirmation by e-mail.

Hard copies received will not be accepted or reviewed.

It is the Respondent’s responsibility to appropriately mark and deliver the

Response to the TWC Procurement Portal by the specified date. Each

Respondent is solely responsible for ensuring its Response is submitted in accordance with all Solicitation requirements and ensuring timely receipt by

TWC. In no event will TWC be responsible or liable for any delay or error in delivery. Response must be RECEIVED by TWC by the

Response Deadline identified in Section 3.2 Schedule of Events.

4.6 REQUIRED FORMS AND SUBMISSION DOCUMENTS

Table 5: Required Forms and Submission Documents

Document Name

Narrative Proposal (Section 4.7)

Form 1 Execution of Response (Section 4.7.3)

Form 2 Cost Response (Section 4.9)

Form 3 References (Section 4.8)

Form 4 Questions and Answers (if applicable) (Section 3.6)

Form 5 Substitute W-9 and Direct Deposit Form with

Instructions (if applicable)

4.7 NARRATIVE PROPOSAL

4.7.1 Notice to Respondent with multiple speakers and/or topics:

If the Respondent (either as an individual speaker or agency/organization) is submitting more than one (1) presentation topic/title to be considered and/or more than one (1) speaker to be considered, each presentation topic/title and each speaker must be a separate, independent submission under the RFP.

RFP No. 3202700005 ver. 1 Page 21 of 46

4.7.2 Executive Summary

Respondent must provide an Executive Summary of their Response

(excluding cost information) that asserts the Respondent is providing, in its

Response, all the requirements of this Solicitation, including Article II Scope of Work. The Executive Summary must demonstrate Respondent’s understanding of TWC goals and objectives for this Solicitation.

If the Respondent is providing services beyond those specifically requested, those services must be identified. If the Respondent is offering services that do not meet the specific requirements of this Solicitation, but in the opinion of the Respondent are equivalent or superior to those specifically requested, any such differences must be noted in the Executive Summary. The

Respondent should realize, however, that failure to provide the services specifically requested may result in disqualification.

The Executive Summary must not exceed one (1) page and should represent a full and concise summary of the contents of the Response.

Respondent must not include any pricing information or estimated savings in the Executive Summary.

4.7.3 Execution of Response

Respondent must complete, sign, and return Form 1 Execution of

Response. By signing, Respondent agrees to provide the services described in this Solicitation and agrees to abide by all TWC Terms and Conditions as specified in this Solicitation and in resulting Contract. A Response without the required signatures is not responsive to the Solicitation and will be disqualified.

Unsigned Responses will not be evaluated; these Responses will be kept with the procurement file and not be returned to the Respondent.

RFP No. 3202700005 ver. 1 Page 22 of 46

4.7.4 Project Work Plan

Respondent must describe the proposed processes and methodologies for providing all components described in Article II Scope of Work, including its approach to meeting the project schedule. Respondent should identify all tasks to be performed, including all project activities, materials and other products, services, and reports to be generated during the Contract period and relate them to the stated purpose(s) and specifications described in this

Solicitation.

In addition to the required Executive Summary specified in Section 4.7.2, each Respondent must clearly provide the following required elements for the proposed presenter and presentation to be evaluated by TWC:

1. The speaker name;

2. Speaker affiliation (if applicable);

3. The topic/title of presentation;

4. The presentation description;

5. Video links (as uniform resource locators, or URL) of the proposed speaker presenting the one proposed topic/title or similar content;

6. The speaker’s bio or vitae with a concise summary of relevant experience and expertise; and

7. The speaker’s contact information (name, email and phone number), whether it is via an agency representative or specific to the speaker.

If the Respondent (either as an individual speaker or agency/organization) is submitting more than one (1) presentation topic/title to be considered, include a presentation description and any applicable video links for each independent submission. If the Respondent is submitting more than one (1) speaker to be considered, include the speaker’s resume or vitae for each

RFP No. 3202700005 ver. 1 Page 23 of 46 independent submission. Each presentation topic/title and each speaker must be a separate, independent submission under the RFP.

4.8 REFERENCES

Respondent must provide a minimum of three (3) references in the format set forth in Form 3 References and should also provide any canceled contract reference as applicable. These references must relate to similar contracts or projects performed as described in Section 2.2 Scope of Work of the RFP within the last two (2) years, and it is preferable they be from State of Texas or other state entities, federal, and/or local governmental entities.

Do not include TWC as a reference.

4.8.1 Similar Contracts

Each Respondent shall provide descriptions for a minimum of three (3) engagements of comparable complexity and sensitivity to the requirements of this Solicitation that have been conducted within the past two (2) years.

The description of comparable engagements shall be detailed and cover the contracts the Respondent and any Subcontractors have had and all experience similar to this Contract that qualifies the Respondent to meet the requirements of this Contract, including, but not limited to:

1. Size of contract (including value);

2. Reason for contract termination/expiration, if contract is no longer in effect;

3. Types of services directly provided by the Respondent and whether the

Respondent was the contractor or Subcontractor;

4. Term and type of contract, including effective dates; and

5. Any problems encountered.

RFP No. 3202700005 ver. 1 Page 24 of 46

4.8.2 Contract Performance

The Respondent shall state whether or not any of the following have occurred during the last five (5) years:

1. The Respondent has had a contract terminated, and, if so, shall provide full details, including the other party’s name, address, and telephone number on Form 3 - References. For each name listed on

Form 3 - References, a completed Form 3 Section A - Release of

Liability shall be provided with the Respondent’s Response.

2. The Respondent has been assessed any remedies, including liquidated damages or other such monetary remedies, under any existing or past contracts, and, if so, note the reason for and the amount assessed or paid for each incident.

3. The Respondent was the subject of (i) any threatened, pending, or resolved disciplinary action for substandard work and/or unethical practices; or (ii) any order, judgment or decree of any federal or state authority barring, suspending or otherwise limiting the right of the

Respondent to engage in any business, practice, or activity.

4. The Respondent has been involved in any civil or criminal litigation and/or entered into any compromise agreement, settlement agreement, or resulting consent decree or judgements, if applicable, related to contract performance, the goods and/or services sought by this Solicitation, or that a reasonable person knowledgeable of the applicable industry would consider relevant to the work under the

Contract. Respondents are not required to violate any confidentiality provision but must provide information not prohibited from disclosure.

RFP No. 3202700005 ver. 1 Page 25 of 46

4.9 COST RESPONSE

In accordance with Section 4.9 Cost Response, the Respondent shall include one file named “Cost Response” that contains the Respondent’s Cost

Response in the format included in Form 2 - Cost Response.

Cost information must be included as a separate document and presented only in the format set forth in Form 2 - Cost Response.

Respondent must state pricing for all services rendered during the course of any awarded Contract, including any and all costs involved that are to be paid or reimbursed by TWC during the contract period. No reimbursement is available to the Successful Respondent beyond the amount agreed to be paid for the services provided. Pricing agreed to in any resulting Contract shall be firm and remain constant through the life of the Contract.

The Cost Response provided is for the or services as specified in this

Solicitation and shall include all labor, materials, tools, supplies, equipment, and personnel, including but not limited to, travel expenses, associated costs, and incidental costs necessary to provide the services according to the minimum specifications, requirements, provisions, and Terms and Conditions set forth in this Solicitation.

4.10 OFFERED OPTIONS

TWC does not intend to limit the creativity of Respondents from bringing forward new suggestions or enhancements not described in this Solicitation.

Respondents are encouraged to describe any Offered Options. Offered

Options are not required and are not considered during evaluation of

Responses. TWC will not award additional options if not included in the

Response. If a Respondent is proposing Offered Options, it must include information for the proposed Offered Options in the Response and specify costs for the proposed Offered Options separately as an attachment to Form

2 Cost Response.

RFP No. 3202700005 ver. 1 Page 26 of 46

4.11 EXCEPTIONS

Each Respondent is highly encouraged, in lieu of including exceptions in a

Response, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 3.6 Questions/Requests for Clarification.

Any exception included in a Response may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its Response, Respondent is required to use Form 1 - Execution of Response and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Form 1 -

Execution of Response may be rejected without consideration.

Respondent must clearly identify the specific section and language to which it takes exception, propose specific alternative language, and describe its reasoning for requesting the exception. TWC will only consider exceptions submitted on Form 1 - Execution of Response.

No exception, nor any other term, condition, or provision in a Response that differs from or contradicts this Solicitation will be considered to be part of any resulting Contract unless expressly made a part of the Contract in writing by TWC.

Any exceptions or deviations by the Respondent to Attachment 1 – TWC

Speaker Fee Agreement Terms and Conditions may make the Response unacceptable for award without discussion. If a Respondent proposes exceptions to Attachment 1 – TWC Speaker Fee Agreement Terms and

Conditions, TWC may make an award without discussion to the next highest scoring Respondent with no exceptions to Attachment 1 – TWC

Speaker Fee Agreement Terms and Conditions.

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4.12 BINDING OFFER

A 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 Responses constitute binding offers. Any Response that includes any type of disclaimer or other statement indicating that the Response, or any portion of the Response, does not constitute a binding offer may be disqualified, as determined by TWC in its sole discretion.

If a Respondent’s ability to enter into a Contract is contingent upon any exception or assumption provided in accordance with Section 4.11

Exceptions, the Respondent may be disqualified from further consideration for Contract award.

4.13 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.

Respondent 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/.

4.14 AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the 3.5 Sole Point of Contact of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or error in the

Solicitation in the manner and by the deadline described in Section 3.6

Questions/Requests for Clarification.

If Respondent fails to properly and timely notify the Sole Point of Contact

(Section 3.5) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, need for clarification, or other error in the

Solicitation, Respondent:

https://comptroller.texas.gov/taxes/franchise/

RFP No. 3202700005 ver. 1 Page 28 of 46

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

2. Submits a Response at its own risk;

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

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

4.15 RESPONSE IRREVOCABILITY

Responses submitted to the Solicitation are irrevocable for one hundred eighty (180) calendar days following the solicitation closing date. This period may be extended at TWC’s Procurement and Contract Services Director’s request only by a Respondent’s written agreement. Upon Contract execution, prices agreed upon by the Successful Respondent(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 Respondent unless expressly agreed upon in writing by TWC.

4.16 TWC QUESTIONS OR REQUESTS FOR CLARIFICATION

By submitting a Response, Respondent grants TWC the right to ask questions and request clarification. As part of the initial evaluation, the evaluation committee may request clarification. Clarifying questions to a

Respondent are to resolve conflicting information, apparent ambiguities, or minor clerical errors within the Response.

4.17 COST OF SUBMISSION AND ADDITIONAL EVALUATION ACTIVITIES

TWC will not reimburse Respondents for any costs related to Response preparation or submission. Additionally, Respondents will be responsible for their own presentation equipment if invited to participate in additional evaluation activities, such as in-person discussions, clarifications, or

RFP No. 3202700005 ver. 1 Page 29 of 46 negotiations. Failure to participate in the requested additional evaluation activities may eliminate a Respondent from further consideration.

TWC is not responsible for any costs incurred by the Respondent in preparation for any additional evaluation activities. All costs incurred by

Respondent are the responsibility of Respondent.

4.18 TWC RIGHTS

All submitted Responses become the property of TWC. TWC reserves the right to use any and all ideas presented in any Response to this Solicitation.

Selection or rejection of any Response does not affect this right.

The rights of TWC include, but are not limited to:

1. Cancellation of this Solicitation at TWC’s sole discretion;

2. Suspension of the procurement process and issuance of Solicitation

Addenda;

3. Rejection, in whole or in part, of any and all Responses received for this Solicitation;

4. Waiver of administrative deficiencies or minor technicalities in any of the Responses;

5. Utilization of any and all ideas presented in the Responses;

6. Directing any Respondent to submit Response modifications addressing subsequent Addenda;

7. Elimination of any requirements that are not met by all Respondents upon notice to all parties submitting a Response;

8. Making typographical corrections to Responses, with the concurrence of the Respondent;

9. Changing computational errors with the concurrence of the

Respondent;

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10. Requesting Respondents to clarify the Responses;

11. Requesting Respondents to submit additional information pertaining to the Response; and

12. Making an award without:

a. Requesting clarification;

b. Allowing modification;

c. Discussing;

d. Negotiating; and/or

e. Requesting a revised response.

ARTICLE V EVALUATION AND AWARD

TWC will award a Contract to the Respondent(s) that offers the best value to the State and is in the State’s best interest as determined using the evaluation criteria described in this Article V.

Responses that meet the minimum qualifications will be submitted to the evaluation committee for review and scoring. Each member of the evaluation committee will receive a copy of each responsive Response. The evaluators will review the Responses considering the criteria listed in Section 5.5

Evaluation Criteria.

Evaluators will individually score the Responses. Oral Presentations or Site

Visits may also be used to make a selection for Contract award, as outlined in this section.

5.1 CONFORMANCE WITH STATE LAW

Responses shall be evaluated in accordance with Texas Government Code §

2155.074(B). TWC shall not be obligated to select the lowest priced

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Response but shall make an award to the Respondent that provides the best value to the State of Texas.

5.2 MINIMUM QUALIFICATIONS (PASS/FAIL)

A Respondent must meet the minimum qualifications listed below. Failure to meet any one of the minimum qualifications listed below may result in a disqualification of that Response.

1. Respondent must propose a speaker who has, at minimum, two (2) years of public speaking experience, specific to Early Childhood education (0 – 5 years) or Primary Education (5 – 12 years);

2. Respondent must provide at least three (3) professional references that specifically address the proposed speaker’s experience in presenting on topics described in Section 2.2;

3. Respondent has submitted the Response in accordance with Article IV

Response Submission Instructions; and

4. Respondent who receives an overall score on the VPTS of “D” or below shall be disqualified from consideration for award.

5.3 INITIAL COMPLIANCE SCREENING

TWC will review Responses for initial compliance with the Submission requirements listed in Article IV and for demonstrated ability to meet Section

5.2 Minimum Qualifications (Pass/Fail) required to advance to evaluations.

Failure to meet the minimum qualifications will result in the disqualification of the Response.

TWC will automatically disqualify any Response that does not include one or more of the completed and signed (as applicable) documents.

All Responses will be screened for inclusion of all required information prior to release to the evaluation team. TWC may exclude from further

RFP No. 3202700005 ver. 1 Page 32 of 46 consideration for selection any non-responsive Response or portion of a

Response.

Additional information or materials included in a Response and not requested by TWC are considered extraneous and will not be considered.

5.4 RESPONSE EVALUATION

Each member of the evaluation committee will read the Responses in preparation for evaluation. The evaluation committee will score all

Responses that pass initial screening in Section 5.3 Initial Compliance

Screening, even if there is only one viable Response. Responses will be scored against the criteria in Section 5.5 Evaluation Criteria.

Responses will be evaluated utilizing aggregated individual scoring outlined in this Article V Evaluation and Award. The individual evaluators’ scores will be aggregated and weighted, resulting in the final Response Score, unless

TWC requests a Revised Response from those Respondents in the

Competitive Range.

Note: During the evaluation and reference check processes, if TWC determines that a Respondent does not meet the minimum qualifications specified in Section 5.2 Minimum Qualifications (Pass/Fail) as related to required direct experience or does not submit a Response that is fully compliant with Section 4.7 Narrative Proposal, the Respondent will be disqualified, and the Response will not be considered eligible for further evaluation.

5.5 EVALUATION CRITERIA

TWC shall consistently evaluate and score Responses in accordance with the following criteria.

1. Cost /Price or Reasonableness of Price (40%)

2. Past Performance, Qualifications, and Experience (30%)

RFP No. 3202700005 ver. 1 Page 33 of 46

The submitted speaker will be evaluated based on the following criteria:

a. Speaker’s presentation style is engaging, creative or innovative;

and

b. Speaker’s public presenting experience is clearly relevant, as well as experience in working with Early Childhood or Primary Education educators or in the Early Childhood or Primary Education field.

3. Respondent’s Proposed Presentation (30%)

The submitted proposed presentation will be evaluated based on the following criteria:

a. Topic is relevant to the professional development of the intended audience;

b. Information presented is practical, relatable (applicable to Early

Childhood educators), and has broad audience appeal; and

c. Information presented has potential to provide new ideas or is inspiring or motivational in nature.

5.6 COMPETITIVE RANGE

The Competitive Range will consist of the 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 Responses below the cutoff cannot be made successful through clarification and negotiation. TWC is not obligated to enforce a natural break in scores and reserves the right to advance as many or as few Responses as qualified under these criteria to achieve the best value for the state of Texas.

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5.7 DISCUSSIONS AND REVISED RESPONSES

After the written Response evaluation, Respondent may be selected for invitation to additional evaluation activities that may include one or more of the following: oral presentations, clarifications, discussions, Proof of

Concept, demonstrations, and site visits. Advancement will be determined by the Competitive Range.

A Respondent that does not meet the advancement criteria in this Section will not be invited to participate in additional evaluation activities. The Final

Written Response Score will be considered the Total Score, and the

Respondent may not be considered further for Contract award.

To further identify the Respondent providing the best value, Respondents selected for additional evaluation activities will be the final group of

Respondents eligible for award. Additional evaluation activities will allow for revised points for the Respondent’s Final Written Response Score to replace the original technical score. This will be the Final Written Response Score with any adjusted points received, if applicable.

TWC may require additional evaluation activities from any or all Respondents to make a determination for award recommendation. Information from the additional evaluation activities will be used in addition to the scoring of the criteria in Section 5.5 Evaluation Criteria. TWC will provide Respondents with advance notice of any such Additional Evaluation Activities. Advance notice will include an agenda and specific scenarios or use cases for each category or criteria listed in this Section.

5.8 BEST AND FINAL OFFER (BAFO)

A Respondent should provide its best offer in its original Response.

Respondents should not expect or assume that TWC will request a Revised

Response or a BAFO at any time. TWC reserves the right to request more than one Revised Response from each of the Respondents in the Competitive

RFP No. 3202700005 ver. 1 Page 35 of 46

Range; however, multiple, successive Responses are not envisioned should

TWC issue a Request for BAFO as that is intended to be a “best and final offer.” A Request for Revised Response or BAFO does not guarantee the

Respondent an award or that further negotiations will be conducted.

If a Response is submitted to a Request for a Revised Response or BAFO, the

Final Written Response Scores or Total Score (as outlined by Section 5.9

Final Response Score and Total Score) will be revised in accordance with the stated criteria in Section 5.5 Evaluation Criteria as to any changes made to the Respondent’s original Response.

The Request for Revised Response or BAFO will allow a Respondent the opportunity to revise its original Response, including pricing. Revisions must be submitted in the manner and form prescribed by the Request. Requests will be sent to the point of contact provided by the Respondent. TWC is not responsible for a Respondent’s failure to timely receive or respond to a

Request.

If a Request for Revised Response or BAFO is issued by TWC, it will be evaluated by the Evaluation Committee based on the criteria listed in Section

5.5 Evaluation Criteria, rescored, and ranked. The award will then be granted to the Respondent that represents the best value to the State.

5.9 FINAL RESPONSE SCORE AND TOTAL SCORE

A Respondent’s Final Response Score is based on the cumulative score of all criteria in Section 5.5 Evaluation Criteria. If a Request for Revised Response or BAFO is requested, the Final Response Score will be based on the Request for Revised Response or BAFO score, and any previous scores will be archived in the procurement record.

The Final Response Score may not always determine best value or selection for negotiation and award. See Section 5.10 Summary of Best Value

Determination for more information.

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5.10 SUMMARY OF BEST VALUE DETERMINATION

The final selection for award will be based on best value, as determined by this section. This includes, but is not limited to, any scoring adjustments for outliers, Requests for Revised Responses or BAFOs, Oral Presentations, Site

Visits, or other additional considerations as specified by this…