Teacher Retirement System of Texas

Request for Proposals (“RFP”) Solicitation Name: Claims Audit Services Solicitation Number: TRS000646 NIGP Class/Item Codes: 946-20

Anticipated Schedule of Events

Attendance is Non-mandatory.

Conference call/virtual meeting information provided in the Summary Details section below.

Late Proposals will not be considered

Solicitation Contents

I. Summary Details II. Definitions III. Summary of Procurement and Services IV. Veteran Heroes United in Business (“VetHUB”) Subcontracting Plan Requirements and Information V. Evaluation Process and Criteria VI. Proposal Submittal Instructions VII. General Solicitation Information VIII. Draft Contract (separate document)

Solicitation Section I:

Summary Details

Summary Details

Issuing Agency

Teacher Retirement System of Texas (“TRS”) Procurement & Contracts 4655 Mueller Boulevard Austin, Texas 78723 Attention: Alvaro Copa

· See Solicitation Section V. Evaluation Process and Criteria, A. Initial Submission Compliance Screening and Minimum Qualifications

Alvaro.Copa@trs.texas.gov

All questions and inquiries about this Solicitation must be sent to the Procurement and Contracts Representative only.

(512) 542-6867 Blender.Hill@trs.texas.gov

By attending the pre-proposal conference, attendees agree to allow TRS to include their name and email address from the pre-proposal conference virtual sign-in sheet in an Addendum issued by TRS following the conference.

During the pre-proposal conference, TRS will provide an overview of how to register and submit a Proposal in PAVES. Potential Respondents are encouraged to attend.

Through PAVES by participating in the Question Round of this Solicitation and following the instructions found in “How to Submit a Proposal.”

Questions must be received no later than the due date provided in the Anticipated Schedule of Events. Telephone inquiries will not be accepted. Each Respondent is solely responsible for verifying TRS’ receipt of its questions.

Solicitation Section II:

Definitions Definitions

As used in this Solicitation, the following capitalized terms shall have the meaning specified below:

A. Agency or TRS: Teacher Retirement System of Texas

B. Artificial intelligence (“AI”): (1) A branch of computer science devoted to developing data processing systems that perform functions normally associated with human intelligence, such as reasoning, learning, and self-improvement, and (2) the capability of a device to perform functions that are normally associated with human intelligence, such as reasoning, learning, and self-improvement.

C. Bid, Offer, Proposal, or Response: Documents submitted by a Respondent in response to this Solicitation. “Response” has the same meaning as “Bid”, “Offer”, or “Proposal” when such terms are used in the Solicitation.

D. Contract: The definitive written agreement resulting from this Solicitation executed by an authorized representative of TRS and Contractor that formalizes the terms, provisions, covenants, and obligations of the parties, including, but not limited to, those contained in this Solicitation.

E. Contract Manager: The person designated by TRS to be the point of contact between TRS and Contractor for monitoring Contract performance and providing day-to-day interaction and instruction during the term of the Contract.

F. Contractor or Vendor: The Respondent awarded a contract resulting from this Solicitation. “Contractor” or “Vendor” includes employees, representatives, agents, subcontractors, suppliers, and third-party service providers, regardless of how such persons or entities are employed or contracted.

G. Contractor Key Personnel: Individuals who contribute to the development or execution of a project in a substantive, measurable way and whose absence from the project would be expected to impact Contractor’s performance.

H. Days: Calendar days, unless otherwise specified.

I. Financial Interest: Receiving, or having a right to receive, money or other valuable property or benefits under or in connection with the actual or proposed contract; holding a position in a business such as a principal, officer, director, trustee, partner, employee, or the like, or holding a position of management; holding any of the outstanding debt of a person directly involved in the proposed or resulting Contract; or owning stock or other interest in the business.

J. Fiscal Year (FY): The State of Texas and TRS fiscal year that begins September 1 and ends August 31.

K. Project Manager: The individual who will have primary responsibility for planning, procurement, and execution of the project on Contractor’s behalf in any undertaking that has a defined scope, start, and finish, regardless of industry.

L. Relative: A current or former TRS employee’s spouse, father, mother, brother, sister, son or stepson, daughter or stepdaughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, or daughter-in-law.

M. Respondent: The individual or entity submitting an Offer, Proposal, or Response in response to this Solicitation.

N. Responsive Proposal: A Proposal that meets all minimum qualifications and VetHUB and other submission requirements.

O. Services: All requirements, duties, schedules, locations, and other items specified in this Solicitation, including Services associated with Contractor’s performance under a Contract resulting from this Solicitation. Also referred to as “Work.”

P. Vendor or Contractor: The Respondent awarded a contract resulting from this Solicitation. “Vendor” or “Contractor” includes employees, representatives, agents, subcontractors, suppliers, and third-party service providers, regardless of how such persons or entities are employed or contracted.

Solicitation Section III:

Summary of Procurement and Services Summary of Procurement Services

Introduction

The Teacher Retirement System of Texas (TRS), a public entity of the State of Texas, created pursuant to article XVI, section 67 of the Texas Constitution and titles 7 and 8 of the Texas Government Code, issues this Solicitation to select qualified vendors to conduct medical claim audit services, prescription drug claim audit services, pharmacy rebate audit services, and clinical validation review services as more specifically described in the RFP and this contract (“Services”). TRS’ objective in awarding this contract is to obtain the Services that represent the best value for TRS and the State of Texas, according to the terms and conditions of the contract. TRS reserves the right to make no award, a single award, or multiple awards.

Background

1. TRS is a service-oriented public entity that provides retirement, healthcare, and related benefit programs for Texas public education employees, retirees, and their beneficiaries (“Participants”). Through its health care programs, TRS provides medical and pharmacy benefits to a large and diverse Participant population and is responsible for administration, oversight, and stewardship of health care plans. TRS is committed to ensuring that high quality, cost effective benefits are delivered to Participants that positively impact Participants’ health and well-being.

2. The Teacher Retirement System of Texas (TRS) Established in 1937, TRS is a public entity of the State of Texas and has the powers, privileges, and immunities of a corporation, as well as the powers, privileges and immunities conferred upon it by Subtitle C, Title 8 of the Texas Government Code. TRS is governed by a nine-member Board of Trustees appointed by the Governor of Texas and an executive director. TRS was established by amendment to the Texas Constitution (See Article XVI, Section 67 of the Texas Constitution) and enactment of statutes to provide a statewide teacher retirement system.

While TRS was originally created to provide retirement benefits for public education employees, over time, the Texas Legislature has authorized TRS to administer health benefit programs for eligible retirees and active public education employees. As a part of its fiduciary and administrative responsibilities, TRS seeks independent audit services to evaluate claims accuracy, contractual compliance, and financial integrity across its health care programs.

Through its Health Division (HD), TRS has responsibility for oversight of the administration of: (1) the Texas School Employees Uniform Group Health Coverage Program (TRS-ActiveCare), a health benefits program for eligible active employees of participating entities and their eligible dependents, and (2) of the Texas Public School Retired Employees Group Benefits Program (TRS-Care), a health benefits program for eligible retirees and their eligible dependents. Maximizing the efficiency and minimizing the costs of health care benefits are the primary objectives of the Health Division.

The TRS Internal Audit (IA) team provides independent, objective assurance and advisory services in partnership with its internal clients to add value and strengthen TRS operations. Internal Audit applies a systematic and disciplined approach to evaluate the effectiveness of risk management, internal controls, and governance processes. For health-related engagements, IA has focused on validating vendor performance, testing administrative controls, and identifying process gaps. IA will oversee the medical claim audit, prescription drug claim audit, and pharmacy rebate audit services listed in this Solicitation.

3. Health Plan Overview

(a) TRS-ActiveCare Program TRS-ActiveCare provides the following statewide, self-insured plans:

1) TRS-ActiveCare High Deductible (HD). A Preferred Provider Organization (PPO) High Deductible Health Plan (HDHP) with integrated medical and pharmacy benefits.

2) TRS-ActiveCare Primary. A Primary Care Physician (PCP) directed Health Maintenance Organization (HMO) with integrated medical and pharmacy benefits.

3) TRS-ActiveCare Primary+. A PCP directed HMO with a richer integrated pharmacy benefit program than TRS-ActiveCare Primary.

4) TRS-ActiveCare 2. A PPO plan with an integrated pharmacy benefit program (closed to new enrollment since 9/1/2017).

BlueCross and BlueShield of Texas (BCBSTX) is the current provider of Health Plan Administrator (HPA) services for these plans, and Express Scripts, Inc. (ESI) serves as the Pharmacy Benefits Manager (PBM) for these Plans.

(b) TRS-Care Program (TRS-Care) TRS-Care provides the following plans for retirees:

1) TRS-Care HDHP. A PPO HDHP self-funded plan with integrated medical and pharmacy benefits for Participants not eligible for Medicare.

2) TRS-Care MA. A fully-insured Medicare Advantage (MA) plan and a carved-out self-funded Medicare Part D plan for Participants enrolled in both Medicare Part A and Part B or Part B only. Auditing the fully-insured TRS-Care Medicare Advantage plan is outside the scope of this procurement. However, the self-funded Medicare Part D plan is in scope.

3) TRS-Care Alternative Plan. There is a small population in the TRS-Care Alternative plan, which covers Medicare-eligible retirees who face hardship or delay in obtaining Medicare or who are only enrolled in Medicare Part A and have not obtained or maintained Medicare Part B. Enrollment for this plan was closed as of January 1, 2026, in accordance with adopted rule, Title 34, (see the Texas Secretary of State’s website for the Texas Register posting of 34 T.A.C. 41.12 related to eligibility for the Alternative Plan for Medicare-Eligible Participants). Current members were grandfathered. Auditing these medical claims, prescription drug claims and pharmacy rebates are within the scope of this procurement.

BlueCross and BlueShield of Texas (BCBSTX) is the current HPA for the self-funded TRS-Care HDHP and TRS-Care Alternative Plans. UnitedHealthcare is the current carrier for the fully insured TRS-Care Medicare Advantage Plan. Express Scripts, Inc. is the current Pharmacy Benefits Manager (PBM) for all TRS-Care Plans, including the Medicare Part D plan.

(c) Enrollment TRS-ActiveCare self-funded plans are comprised of approximately 410,000 members.

The TRS-Care population not enrolled in Medicare has approximately 63,000 members and TRS-Care Alternative Plan population is approximately 3,000 Retirees.

*TRS recently conducted a procurement for TRS-ActiveCare and TRS-Care HPA services. The TRS Board of Trustees has selected the incumbent providers of HPA services for the purpose of entering into contract negotiations. The Board also authorized TRS to negotiate with a second vendor for TRS-ActiveCare for the FY2027 plan year, or later. No final contract award has been executed at the time of the solicitation posting.

4. TRS Incurred Claims (in millions) The table below shows the total amount of incurred claims for TRS self-funded health plan year 2023, 2024, and 2025.

5. Covered Entity TRS is considered a “covered entity” under Title 2 of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, 1996, as amended from time to time (HIPAA). As such, TRS must comply with all provisions of HIPAA regarding all privacy and security measures relevant to the operations of the Programs. Additionally, any person or entity who performs functions or activities on behalf of or provides certain services to TRS (as a covered entity) that involve access to protected health information are considered business associates under HIPAA. Thus, TRS requires appropriate Business Associate Agreements (BAA) with such vendors. The BAA is provided in the Draft Contract.

6. Resources Additional information about TRS and the Board are available through the TRS website: https://www.trs.texas.gov In particular, information regarding the TRS-Care and TRS-ActiveCare Programs and Plans, including Plan highlights, benefits booklets and more, may be found on TRS’ website as follows:

TRS-Care (non-Medicare): https://www.trs.texas.gov/Pages/healthcare_trs_care.aspx TRS-Care (Medicare): https://www.trs.texas.gov/Pages/healthcare_trs_care_medicare.aspx TRS-ActiveCare: https://www.trs.texas.gov/Pages/healthcare_trs_activecare.aspx

Texas Government and Insurance Code Chapters referenced in this RFP may be found at:

Texas Government Code, Subtitle C, Title 8, Subtitle C Teacher Retirement System of Texas Texas Insurance Code, Chapter 1575 (TRS-Care) Texas Insurance Code, Chapter 1579 (TRS-ActiveCare)

The TRS health care rules may be found in the Texas Administrative Code:

Title 34, Part 3, Chapter 41 Health Care and Insurance Programs

Services to Be Provided

The selected Respondent(s) shall provide Services in accordance with this Solicitation, inclusive of the Contract. The Scope of Work (“SOW”) located within the draft Contract portion of this Solicitation contains three (3) main Service categories and an Optional and/or Supplemental Services category which are listed as follows:

1. Medical Claim Audit Services

2. Prescription Drug Claim Audit Services and Pharmacy Rebate Audit Services

3. Clinical Validation Review Services

4. Optional and/or Supplemental Services

Respondents may propose on any of the first three (3) main service categories (Medical Claim Audit, Prescription Drug Claim Audit and Pharmacy Rebate Audit Services, or Clinical Validation Review Services), whether on any one (1) service category, any combination of two (2) service categories, or all three (3) service categories. Respondents may include with their proposal on any of the first three (3) service categories any additional services in the Optional and/or Supplemental Services category. To offer any such additional services, the Respondent will need to propose on at least one (1) of the first three (3) service categories.

TX-RAMP Certification

If TRS, at its sole discretion, makes the determination that TX-RAMP certification is required, Respondent certifies that for each independent cloud services product covered under this RFP for which TX-RAMP certification is required: (i) Respondent is currently TX-RAMP certified or (ii) Respondent certifies that it will obtain level 1 or level 2 TX-RAMP certification, as applicable, before TRS executes a Contract with Respondent. If Respondent fails to obtain TX-RAMP certification before the estimated Contract execution date, TRS reserves the right to end negotiations with Respondent and consider the next-most highly qualified Respondent.

Solicitation Section IV:

Veteran Heroes United in Business (VetHUB) Subcontracting Plan Requirements and Information

I. Veteran Heroes United in Business (VetHUB) Subcontracting Plan Requirements and Information

In accordance with section 2161.252 of the Texas Government Code and section 20.285 of title 34 of the Texas Administrative Code, each state agency that considers entering a contract with an expected value of $100,000 or more over the life of the contract (including any renewals) shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. If subcontracting opportunities are probable, each state agency’s invitation for bids, requests for proposals, or other purchase solicitation documents with an expected value of $100,000 or more shall state that probability and require a Veteran Heroes United in Business (“VetHUB”) Subcontracting Plan (“HSP”).

TRS’ Determination of VetHUB Subcontracting Opportunities

An evaluation of potential subcontracting opportunities was conducted in accordance with section 2161.252 of the Texas Government Code and it was determined that there are no probable subcontracting opportunities under any anticipated Contract(s) resulting from this Solicitation. Therefore, TRS does not require that an HSP be submitted with Responses. However, if Respondent determines the need to subcontract for any services, materials, or supplies to fulfill Services, Respondent must follow the instructions in Section B and submit a complete HSP with its Proposal for the Proposal to be considered responsive.

TRS may determine at any point during the life of any Contract(s) resulting from this Solicitation that there are probable subcontracting opportunities and require Contractor to submit an HSP at that time. In addition, if Contractor determines a need to subcontract services, materials, or supplies to a subcontractor at any point during the life of the Contract, Contractor must receive prior written approval from TRS regarding such subcontracting and request a review of an HSP. Contractor may not utilize a subcontractor without prior written approval from TRS. If an HSP is required, Contractor must complete, sign, and monthly submit a Progress Assessment Report (“PAR”) form via PAVES no later than the last day of the month for the remaining life of the Contract. Failure to submit the PAR form with the invoice will cause delay in payment. The PAR form shall be completed by Contractor, even if Contractor declares “self-performing” on the HSP. The PAR form will be provided to Contractor following execution of the Contract.

Instructions for Completing an HSP

The HSP form and instructions for how to complete it may be accessed at: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php. If a Respondent intends to subcontract any portion of Services to a subcontractor other than a certified VetHUB, Respondent must retain documentation reflecting that it conducted a solicitation as part of a good faith effort to locate a certified VetHUB to provide the Service.

For information on how to complete an HSP, please contact TRS’ HUB Coordinator, Blender Hill at blender.hill@trs.texas.gov. Respondents must obtain prior approval from TRS if they wish to make changes to the HSP after it is submitted.

Finding VetHUB Vendors

For a list of VetHUB vendors, Respondents may use the Centralized Master Bidders List (“CMBL”) and VetHUB Directory by following these instructions:

1. Access the CMBL and VetHUB Directory at: https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do.

2. The CMBL page will default to certain fields already checked. Ensure that ‘All Vendors’ is searched.

3. Enter the Class and Item codes (leave ‘Item’ blank to select any).

4. Enter District number to select specific geographic location (leave ‘District’ blank to select all).

5. Click ‘Submit Search’ button.

6. Detail list page will default to certain fields already checked.

7. Check ethnicity fields, gender fields, business description, and any other fields needed. Click ‘Go.’

8. Identify VetHUBs on the ‘Results For CMBL Plus VetHUBs’ search page (VetHUB category is on far right).

9. Select VetHUB vendor and click on company name. Use most current listing.

10. Confirm that ‘VetHUB Status’ is “A” (Approved; Active) on ‘Vendor Detail’ page.

11. If vendor appears to meet your needs, solicit a bid or response of interest.

12. Repeat process until you have found a minimum of three (3) certified VetHUBs for each subcontracting opportunity/area identified by TRS or your company.

Solicitation Section V:

Evaluation Process and Criteria Evaluation Process and Criteria

Under Section 825.103(d) of the Texas Government Code, TRS has exclusive authority over purchasing and contracting for goods and services using the trust funds it administers and is statutorily exempt from subtitles D and F of title 10 of the Texas Government Code. TRS will follow the TRS Procurement and Contracting Guide in purchasing and contracting for goods and services. TRS will select the vendor who represents best overall value for TRS based on the candidate’s qualifications, experience, acceptance of TRS contract terms and conditions, proposed pricing, and other relevant factors that are in TRS’ best interests and comply with TRS' fiduciary duties. “Best overall value” means a combination of factors that, in the judgment of the Board, are most consistent with the best interests of TRS.

1. Initial Submission Compliance Screening and Minimum Qualifications

During initial screening, TRS will review Proposals for compliance with submission requirements. Failure to meet submission requirements may, at any time, result in a Respondent’s disqualification. Proposals that do not meet the following minimum qualifications will also be rejected as non-responsive and disqualified:

Item 1: Respondent has performed claims audits or pharmacy rebate audits or clinical review services for at least one (1) client with at least 50,000 participants, within the last five (5) years.

Item 2: Key Personnel, as described in below Section titled “STAFFING”, shall each have a minimum of five (5) years’ Relevant Auditing Experience.

Item 3: Respondent must not have a conflict of interest or be a party to litigation with TRS’ HPAs and PBMs (including providing litigation support). This includes having collaborated in any litigation or having provided audit services to a third party which are being used as evidence in, or are being requested as part of discovery to, litigation related to which any of TRS’ HPAs or PBMs.

Item 4: Respondent must have the capacity to securely receive, store, transmit, and destroy electronic data containing Protected Health Information (PHI) following all relevant rules and regulations.

Item 5: Contractor shall not store or transfer any Confidential Information, TRS Business Confidential Information, and TRS materials outside of the United States (including backup centers and disaster recovery locations).

Evaluation: Initial Round

Proposals which meet all minimum qualifications will advance to the Initial Round of Proposal evaluation. An evaluation committee will evaluate all Responsive Proposals during the Initial Round. TRS may ask questions of or request clarification from any Respondent about its Proposal during the Initial Round. All such questions and clarification requests shall be provided to Respondents by TRS’ Procurement and Contracts Representative. Responses will be scored under best value standards which are in TRS’ best interests using the following general categories for which weights are shown:

Preference may be given to respondents who propose and can support all three (3) service categories described in the Scope of Work.

After Initial Round evaluations are complete, TRS may ask all or only top-scoring Respondents to participate in a Best and Final Offer (“BAFO”) Round, or make one (1) or more contract awards based on Initial Round evaluations.

Evaluation: Optional BAFO Round

As the BAFO Round is an optional round, TRS strongly encourages Respondents to provide their best pricing and terms with their initial Proposal.

Respondents at this stage may be required to attend an in-person or remote interview (via Microsoft Teams video conference hosted by TRS) at a TRS-designated time and location. Each interview may include an oral presentation by Respondent and a question and answer session in which Respondent will answer questions regarding its Proposal. Each Respondent will receive additional instructions outlining TRS’ expectations for the interview.

TRS may ask questions of and request clarification from any Respondent during this Round. TRS may also request that any Respondent provide additional information during this Round. All such questions and requests shall be provided to Respondents by TRS’ Procurement and Contracts Representative. All information provided to TRS during each round of the evaluation process is taken into consideration in the BAFO Round. Scoring will be based on the same criteria as the Initial Round. Points allocated for this Round will not be added to any other round. After this Round is complete, TRS may make one or more contract awards based on BAFO Round evaluations.

Solicitation Section VI:

Proposal Submittal Instructions

Proposal Submission Instructions

Submission Through PAVES

Respondents are required to submit Responses through PAVES. Contractor will be required to set up a PAVES account, which requires:

1. 2-factor authentication with a cell phone

2. A separate login and password to be created for all Contractor contacts, including Contractor’s accounting department

3. Invoices and deliverables to be submitted through PAVES

A. PAVES

Potential Respondents can find information about PAVES on TRS’ website at: https://www.trs.texas.gov/Pages/procurement_PAVES.aspx. The following instructions have been developed to assist Respondents in creating and maintaining a PAVES account:

1. PAVES Basic Navigation for Suppliers

2. New Supplier Registration

3. How to Submit a Proposal

4. How to Activate Supplier Profile (if awarded Contract)

B. Creating PAVES Account and Becoming Confirmed Bidder

To become a confirmed bidder in PAVES, Respondent must complete the New Supplier Registration process. By submitting Respondent company’s information, login credentials will be generated by which Respondent can access PAVES. Respondent will then be able to add additional company contacts, edit its profile, and bid on TRS solicitations. The first step is for Respondent to log into the PAVES supplier portal and follow the instructions for New Supplier Registration. If, after submitting registration, Respondent receives an e-mail stating that its registration has been rejected, it’s most likely because Respondent has already been registered in PAVES. Respondents should note that a registration request will be rejected if the submitted tax ID number already exists in PAVES. In that case, Respondents should contact the PAVES help desk at: PAVESHelp@trs.texas.gov.

C. Submitting a Proposal in PAVES

Once a Respondent is logged into PAVES, it may submit a Proposal by following these instructions:

1. Click the “Solicitations” tab at the top

2. Then, click “Show public request for proposals”

3. Then, click the pencil icon next to the name of the solicitation round in which you wish to participate

4. Then, click “Participate in RFx” (you may be asked to click “I acknowledge receipt of this RFx”)

5. Then, select “WILL BID: our intent is to respond to this RFx”

Respondent should follow the instructions found at “How to Submit a Proposal” to complete the PAVES Questionnaire and submit a Proposal. Respondent should note that any solicitation documents, including Addenda, will be found in the section called “Round Documents” within the Overview tab of the Initial Round.

Solicitation Section VII:

General Solicitation Information General Solicitation Information

1. Resulting Contract

A Response is an offer to contract based upon the terms, conditions, and specifications set forth in this Solicitation and does not become part of the Contract, unless, until, and to the extent a formal agreement is executed by authorized representatives of TRS and Contractor.

Addenda

Addenda will be created for any changes to the Solicitation. Such changes may concern, for example, deadline dates, responses to questions, the SOW, or updates to attached documentation. Addenda will generally be posted to the ESBD or in PAVES. Addenda shall be considered part of the Solicitation and will require acknowledgement via Respondent signature. No explanations, interpretations, or changes will be considered official or binding, unless stated in a posted Addendum. It is Respondent’s responsibility to ensure review of all Addenda.

Cost of Preparing Response

Respondents are responsible for all costs incurred in the preparation and submission of a Response.

Quantity and Nature of Work

Respondents are required to inform themselves of all conditions which may affect performance or pricing of Services. By submitting a Response, Respondents expressly waive claims of misunderstanding as to the quantities or nature of Work required.

Late Responses

It is a Respondent’s responsibility to ensure timely delivery of a Response to TRS by the due date and time noted on the first page of this Solicitation. Late Responses may not be considered.

TRS’ Acceptance and Rejection of Responses; Solicitation Cancellation

TRS may reject Responses that do not comply with Solicitation requirements or state law. TRS may also accept or reject all or part of a Response, request, in its sole discretion, that any or all Respondents correct any perceived minor deficiencies in Responses, or award Contract(s) by item or groups of items in the best interests of TRS. TRS reserves the right to cancel this Solicitation at any time before Contract execution.

Certification of Interested Parties

Section 2252.908 of the Government Code provides that a state agency may not execute certain contracts with a business entity, unless the entity submits a certificate of interested parties form (“Form 1295”) to the state agency at the time the entity submits the signed contract to the state agency. The Texas Ethics Commission has provided a list of Frequently Asked Questions and Form 1295 on its website at https://www.ethics.state.tx.us/filinginfo/1295/ for Respondents’ review. If Contractor meets requirements for submission of Form 1295, Contractor will be given instructions on how to obtain the form at the time of Contract award.

Conflicts of Interest

Respondents shall provide information concerning known potential, apparent, or actual conflicts of interest with their Response behind the applicable tab. Respondents maintain a continuing obligation to disclose known conflicts of interest during the solicitation process and life of any resulting Contract. TRS may refuse to contract with a Respondent or terminate any Contract due to known potential, apparent, or actual conflicts of interest.

Protest Procedures

Any protest to this Solicitation or any Contract award resulting from this Solicitation shall be governed by 34 Tex. Admin. Code § 51.2 (relating to Vendor Protests and Appeals). All protests, appeals, and stay requests, if any, must be timely submitted to LegalNotices@trs.texas.gov.

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