ESBD_529947_1782749868076_3202600177 PPD State Use Program.pdf

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

Purchasing from People with Disabilities

State Use Program Administrative Services

Solicitation No. 3202600177

Date of Release: June 29, 2026

Responses Due: August 12, 2026, by 10:00 a.m. Central Time

958-77 Project Management Services

961-02 Administrative Services, All Kinds

961-53 Marketing Services (Incl. Distribution, Research, Sales Promotions, etc.)

Sole Point of Contact for this RFP:

Taylor McCoy, CTCD/CTCM

Procurement Lead

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

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TABLE OF CONTENTS

Article I Purpose

Article II Scope of Work

2.1 Overview/Background

2.2 Description of Services

2.3 Deliverables

2.4 Deliverables Acceptance Criteria

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

3.6 Pre-Solicitation Conference

3.7 Questions/Requests for Clarification

3.8 Addenda

3.9 VetHUB Subcontracting Plan

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

4.8 References

4.9 Cost Response

4.10 Offered Options

4.11 Financial Soundness

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4.12 Corporate Guarantee

4.13 Exceptions

4.14 Binding Offer

4.15 Franchise Tax – Right to Transact Business in Texas

4.16 Disclosure of Interested Parties

4.17 Ambiguity, Conflict, or Discrepancy

4.18 Response Irrevocability

4.19 Questions or Requests for Clarification

4.20 Cost of Submission and Additional Evaluation Activities

4.21 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

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

6.7 Respondent Waiver – Intellectual Property

6.8 Insurance

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6.9 Remedies

6.10 Liquidated Damages

6.11 Service Level Agreements

6.12 Changes in Ownership

6.13 Severability

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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 Proposals 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.

Advisory

Committee

The Purchasing from People with Disabilities Advisory

Committee, established by the Texas Workforce

Commission, as described in Texas Human Resources

Code § 122.0057.

ATO Authorization to Operate.

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Term/Acronym Definition

BAFO Best and Final Offer.

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.

CISO Chief Information Security Officer.

CNA Central Nonprofit Agency. An entity designated as a central nonprofit agency under contract with TWC pursuant to Texas Human Resources Code § 122.019.

By statute, a CNA cannot operate a Community

Rehabilitation Program while under contract with TWC as a CNA.

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.

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

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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.

CRP Community Rehabilitation Program. A government or a nonprofit private program operated under criteria established by TWC and under which individuals with severe disabilities produce products or perform services for compensation.

CTCD Certified Texas Contract Developer.

CTCM Certified Texas Contract Manager.

Disability A disability recognized under the Americans with

Disabilities Act that impedes a person who is seeking, entering, or maintaining gainful employment.

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.gov/esbd.

http://www.txsmartbuy.gov/esbd

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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.

Non-Uniformly

Priced Services

Services provided under the PPD Program for which pricing cannot be standardized on a statewide master contract due to site-specific operational variables, unique scopes of work, or localized labor and material costs (e.g., custodial, landscaping, and customized facilities maintenance services), thereby requiring individualized negotiation and TWC approval.

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Offered Option Options that are not requested in a 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.

PO Purchase Order.

POA&M Plan of Action and Milestones.

POCN Purchase Order Change Notice.

PPD Purchasing from People with Disabilities Program. Also referred to as State Use Program and Works Wonders

Program.

PS Procurement Services, a section within Procurement and Contract Services (PCS), part of Business

Operations, a division of TWC.

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.”

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Response A Respondent’s response to this Solicitation.

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

Proposals (RFRP) or Best and Final Offer (BAFO) RFPs, if issued.

State The State of Texas and its instrumentalities, including

TWC, its officers, employees, or authorized agents, and any other state agencies.

State Use

Program

The statutorily authorized mandate that requires state agencies to purchase, on a non-competitive basis, products made and services performed by persons with disabilities, which have been approved by TWC pursuant to Texas Human Resources Code, Chapter

122 and which also meet the requirements of Texas

Government Code § 2155.138 and § 2155.069. This program also makes approved products and services available to be purchased on a noncompetitive basis by any political subdivision of the state. Also referred to as Purchasing from People with Disabilities Program and Works Wonders Program.

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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.

Successful

Respondent

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

Solicitation requires.

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.

VetHUB Veteran Heroes United in Business, as defined by

Chapter 2161 of the Texas Government Code and Title

34 of the Texas Administrative Code (TAC), § 20.282.

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VHSP VetHUB Subcontracting Plan. Written documentation regarding the use of subcontractors, which is required to be submitted with all solicitations for state agency contracts with an expected value of $100,000 or more and where TWC has determined subcontracting opportunities are probable. The VHSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by TWC during the term of the Contract.

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

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ARTICLE I PURPOSE

The Texas Workforce Commission (TWC) Purchasing 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.

TWC is seeking to procure administration services for a Central Non-Profit

Agency (CNA) to organize and administer the State Use Program, as outlined in Chapter 122 of the Texas Human Resources Code and Title 40 of the

Texas Administrative Code (TAC), Chapter 806.

ARTICLE II SCOPE OF WORK

2.1 OVERVIEW/BACKGROUND

a. The State Use Program, also known as Purchasing from People with

Disabilities and Works Wonders, was established by the State of Texas to promote the independence of individuals with disabilities through meaningful employment, while at the same time providing state agencies and political subdivisions of the state with needed products and services at a fair market price.

b. TWC’s mission is to provide leadership and direction for programs that empower people with disabilities to achieve maximum personal independence through productive employment. TWC operates under the philosophy that individuals with disabilities who desire employment should have equitable opportunities to participate in the workforce.

c. The Successful Respondent will report directly to TWC. TWC oversees the State Use Program, which includes contracting with the Successful http://www.twc.texas.gov/ https://statutes.capitol.texas.gov/?tab=1&code=HR&chapter=HR.122&artSec= https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=806&interface=VIEW_TAC&part=20&title=40 https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=806&interface=VIEW_TAC&part=20&title=40

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Respondent (a CNA) to manage the daily operations of the State Use

Program and provide financial support, including oversight and recruitment of Community Rehabilitation Programs (CRPs). CRPs employ individuals with disabilities to produce products and services to sell to state and local government entities. The Successful Respondent will be responsible for recruiting and working with the CRPs, which can be more than one hundred (100) at a time.

d. The 2025 Annual Report, submitted by the current CNA (WorkQuest), indicated that more than $82.9 million in annual wages were paid to people with disabilities, which represents approximately 6,137 people.

e. As required by Section 122.009 of the Texas Human Resources Code, to the extent the records of the Successful Respondent (a CNA) pertain specifically to state purchases of the products and services of persons with disabilities, such records are considered to be open records for purposes of the Public Information Act, Chapter 552 of the Texas

Government Code.

2.2 DESCRIPTION OF SERVICES

2.2.1 Comprehensive CNA Services

The Successful Respondent must provide comprehensive CNA Services necessary for the effective management and operation of the State Use

Program, which include, but are not limited to:

a. CRP Engagement and Development:

1. Educate potential CRPs on State Use Program participation requirements;

2. Recruit and assist CRPs in developing and submitting applications for suitable products and services aligned to customer needs;

3. Support CRPs with Integrated Competitive Employment efforts and compliance with 40 TAC Chapter 806;

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4. Assist the CRPs in soliciting and negotiating contracts; and

5. Provide training and resources to support outplacement/supported employment and increase integrated employment opportunities for individuals with disabilities.

b. Program Management and Administration:

1. Execute a contract agreement with the Statewide Procurement

Division (SPD) to establish and ensure adherence to appropriate statewide terms and conditions for all procurements managed under the State Use Program.

2. Manage and coordinate the day-to-day operation of the program including the general administration of contracts with CRPs operating pursuant to Chapter 122, Texas Human Resources Code and 40 TAC Chapter 806;

3. Allocate service and product orders among the various CRPs;

4. Monitor CRPs to ensure compliance with requirements for participation in the State Use Program;

5. Provide accounting services related to purchase orders, invoices, and payments to CRPs;

6. Prepare reports and fulfill other duties as designated by TWC;

7. Provide general administration of the State Use Program, meet performance criteria and submit timely reports required by 40 TAC

Chapter 806;

8. Maintain and dispose of records in accordance with applicable laws and TWC directives and provide any or all records requested within three (3) weeks of the request;

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9. Resolve contract issues and/or problems as they arise between the

CRPs, the Successful Respondent, and/or customers, refer unresolved issues to TWC, and submit quarterly status reports on issues and referrals;

10. Maintain a system in accordance with generally accepted accounting principles (GAAP) to record information related to purchase orders, invoices, and payments to each CRP to facilitate the preparation and submission of the annual report;

11. Demonstrate compliance with state and federal tax laws and payroll laws by submitting quarterly reports of sales and taxes paid to CPA and the Internal Revenue Service (IRS); and

12. Maintain expertise of governmental procurement and contracting processes and laws.

c. Product and Service Delivery:

1. Maintain and operate a retail store and warehouse for use by state agency customers, adhering to state statutes and the Comptroller’s

Statewide Procurement Division requirements; and

2. Conduct research to identify new products and services.

d. Marketing and Promotion:

1. Directly market products and services to consumers through advertising and public relations activities as well as a retail business operational plan;

2. Conduct public relations activities to promote the program;

3. Create a database of state agency and political subdivision purchases to promote sales of State Use Program products and services;

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4. Provide quarterly regional information workshops to promote the

State Use Program throughout the year and across the state;

5. Provide customer relations support; and

6. Provide promotion of increased supported employment opportunities for persons with disabilities.

e. Customer Relations and Service Delivery:

1. Provide superior customer relations by:

i. monitoring customer satisfaction with products and services,

ii. responding to customer complaints within one (1) Business

Day or less, and

iii. reporting quarterly on consumer satisfaction levels for each

CRP, based on complaints as to products or services provided, with a goal of incurring no more than five (5) complaints per year that have not been resolved to customer satisfaction;

2. Create and maintain automated tracking and monitoring of product/service sales and submit quarterly reports to TWC regarding delivery turnaround times and contract performance for each CRP; and

3. Respond to inquiries about individual sales and/or total sales within five (5) Business Days or sooner and submit quarterly reports regarding the number of inquiries and average response time.

f. Financial Management: Provide sufficient financial resources and/or the ability to maintain a line of credit to pay CRPs within thirty (30) Business

Days. Average weekly payment to CRPs in Fiscal Year 2025 was approximately $4.4 million per week.

g. Compliance and Monitoring:

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1. Monitor CRP compliance and promptly report violations to TWC, assisting CRPs in achieving compliance as needed;

2. Conduct business ethically and submit detailed quarterly reports on any conflicts between the CRPs and the Successful Respondent; and

3. Provide financial oversight and monitoring of the CRPs and report material changes in the CRP status to TWC.

h. Training and Resources: Provide training programs to CRPs on the requirements to participate in the state use program, governmental contracting, and procurement procedures and laws.

i. Reporting and Transparency: Provide an annual report that includes the CNA's audited financial statements, an updated strategic plan, and an updated projected schedule of expenses detailing the amount and percentage of management fees allocated to:

1. directly support the state use program,

2. expand direct services to programs that enhance the lives of individuals with disabilities, and

3. administrative overhead, such as salaries.

j. Expanding Employment Opportunities for Individuals with

Disabilities:

1. Promote the development of person-centered planning to document employment goals, provide employment counseling, and facilitate placement services provided by CRPs, aiming for employment paying minimum wage or higher;

2. Research new products, services, and markets and improve existing products and services to increase employment opportunities

(including those paying minimum wage or higher) and report to

TWC quarterly on the status of these activities; and

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3. Work with CRPs to develop employment opportunities.

k. Management of Non-Uniformly Priced Services Contracts: The CNA shall have the following obligations in connection with Non-Uniformly

Pirce Services Contracts:

1. Negotiation Facilitation. The Successful Respondent shall act as the primary facilitator between the applicable state agency and the CRP to define the site-specific scope of work and pricing.

2. Pricing Validation. The Successful Respondent must review the

CRP’s proposed pricing prior to submission to ensure that it represents a fair market price, complies with TWC guidelines, and covers required wages and administrative fees.

3. TWC Submission and Approval. The Successful Respondent is solely responsible for compiling the completed package (including statement of work, pricing schedules, and compliance certifications) and submitting it to TWC for statutory review and approval.

4. Contract Execution and Subcontracting. Upon receiving written approval from TWC, the Successful Respondent shall promptly enter into a direct contract with the applicable state agency. The

Successful Respondent shall subsequently execute a subcontract with the approved CRP to perform the services, maintaining sole prime contractor liability for the CRP’s performance, timely payments for services to CRPs, and timely and accurately invoicing the applicable state agency for reimbursement of the CNA’s payments for the CRP’s services.

5. Timeliness Standard. The Successful Respondent must submit fully validated pricing proposals to TWC within ten (10) Business Days of reaching an agreement in principle between the applicable state agency and the CRP.

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6. Assignment. Contracts for Non-Uniformly Priced Services must include a provision permitting assignment to a successor CNA with notice to TWC.

2.2.2 Key Personnel and Proposed Organization

2.2.2.1 Staffing

1. The Successful Respondent must staff with Key Personnel identified in the Proposal which are considered by the Successful Respondent to be essential to administering the PPD State Use Program and fulfilling the requirements of the resulting Contract.

2. Prior to substituting any of the proposed individuals, the Successful

Respondent must notify TWC and obtain written approval of the proposed substitution as soon as possible, but no less than five (5)

Business Days prior to said substitution.

2.2.2.2 Account Manager

1. The Successful Respondent must provide a minimum of one (1) dedicated Account Manager who is assigned full-time to the PPD State

Use Program and is primarily responsible for working with TWC on resolving day-to-day issues.

2. The assignment of the dedicated Account Manager begins on the effective date of the Contract resulting from this RFP and continues uninterrupted throughout the duration of the Contract.

3. Account Manager(s) must be accessible by telephone number and email, and extremely knowledgeable of all aspects of TWC’s PPD State

Use Program. A minimum of one (1) Account Manager must be available Monday through Friday, between the hours of 8AM through

5PM, with the exception of the state of Texas holidays. Unavailability may result in the assessment of liquidated damages as set forth in

Section 6.10.3 Specific Liquidated Damage(s).

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4. The minimum qualifications for Successful Respondent’s Account

Manager are:

i. Five (5) years’ account management experience; three (3) of the past five (5) years as the account manager for the development, implementation and/or operation of accounts of comparable size and complexity to those defined within this RFP;

ii. Past management experience, including subcontractors, with individuals having worked together as a unit in the past or currently for the effective and successful delivery of quality services;

iii. Successful management of the delivery for a customer(s) with a similar scope of services; and

iv. Successful management of the delivery for a customer with similar volumes of accounts and transactions.

2.2.2.3 Statewide Procurement Division (SPD) Liaison

1. The Successful Respondent must provide a minimum of three (3) dedicated staff members to act as liaisons with CPA’s Statewide

Procurement Division (SPD).

2. The Successful Respondent SPD Liaisons must involve TWC’s administration in all substantive communications with SPD.

3. The assignment of the dedicated SPD Liaisons begins on the effective date of the Contract resulting from this RFP and continues uninterrupted throughout the duration of the Contract.

4. SPD Liaisons must be accessible by telephone number and email, and extremely knowledgeable of all aspects of TWC’s PPD State Use

Program. A minimum of three (3) SPD Liaisons must be available

Monday through Friday, between the hours of 8AM through 5PM, with the exception of the State of Texas holidays. Unavailability may result

RFP No. 3202600177 ver. 1 Page 22 of 74 in the assessment of liquidated damages as set forth in Section 6.10.3

Specific Liquidated Damage(s).

5. The minimum qualifications for Successful Respondent’s SPD Liaisons are:

i. Five (5) years’ account management experience; three (3) of the past five (5) years as the account manager for the development, implementation and/or operation of accounts of comparable size and complexity to those defined within this RFP;

ii. Past management experience, including subcontractors, with individuals having worked together as a unit in the past or currently for the effective and successful delivery of quality services;

iii. Successful management of the delivery for a customer(s) with a similar scope of services; and

iv. Successful management of the delivery for a customer with similar volumes of accounts and transactions.

2.2.2.4 Other Key Personnel

1. The Successful Respondent must provide designated highly qualified and experienced Key Personnel. Designated is defined as a Successful

Respondent full time employee whose primary responsibility is this

Contract but may have other duties and/or customers.

2. “Key Personnel” for this Solicitation and resulting Contract are those persons, including the Successful Respondent and subcontractor personnel, considered integral to successfully implementing and maintaining quality service delivery, and timely completing all key deliverables.

3. The minimum qualifications for Successful Respondent’s Key Personnel are:

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i. Three (3) years’ experience in performing and providing the types and level of services required in this RFP, preferably as an employee or as a subcontractor or other authorized representative of the Successful Respondent;

ii. Current or past experience working with other key personnel for the effective and successful delivery of quality services;

iii. Demonstrated success, either current or past, in performing the tasks assigned or in providing the services to a customer with a similar scope of services; and

iv. Successful performance of assigned tasks or in the delivery of services to a customer with similar volumes of accounts and transactions.

2.2.3 Communication

The Successful Respondent must maintain consistent and effective communication with TWC, SPD, and the CRPs.

2.2.4 Records

The Successful Respondent must maintain all necessary records for audit purposes in accordance with state and federal law and directives set forth by

TWC. Additionally, as required by Section 122.009 of the Texas Human

Resources Code, to the extent the records of the Successful Respondent (a

CNA) pertain specifically to state purchases of the products and services of persons with disabilities, such records are considered to be open records for purposes of the Public Information Act, Chapter 552 of the Texas

Government Code.

2.2.5 Transition Services

In the event that a Successor Respondent is chosen at the end of the term of the resulting Contract, the Successful Respondent must extend Services

RFP No. 3202600177 ver. 1 Page 24 of 74 to TWC for a period of one hundred and twenty (120) days or until such reasonable time that services from the new Successor Respondent are available and the CRPs and their customers have received notice of the change, as determined by TWC. The Successful Respondent shall assist the

Successor Respondent by providing information and input as necessary to ensure smooth transition wherein services are not disrupted.

Additionally, to the extent the Successful Respondent has any contracts for

Non-Uniformly Priced Services that have been approved under the PPD

Program, the Successful Respondent shall include in such contracts a provision permitting assignment to a successor CNA and shall ensure all such assignments occur (with notice to TWC) during the transition period.

2.2.6 Legislative Changes

The Successful Respondent must track Texas legislation and keep abreast of changing factors that could impact the State Use Program and inform TWC of such factors.

2.2.7 Advisory Committee Meetings and Support

The Successful Respondent must attend Purchasing from People with

Disabilities’ Advisory Committee meetings and provide support for the

Committee as requested by TWC.

2.2.8 Other Duties as Assigned.

The Successful Respondent must perform other duties as assigned by TWC in support of this Contract.

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2.3 DELIVERABLES

Table 2: Deliverables

Deliverable Description Frequency

/ Due Date

Quarterly

Report

This report combines all required quarterly reporting elements into a single, comprehensive document and provides TWC with a holistic view of the State Use

Program's operations and performance, allowing for timely intervention and strategic decision-making.

It must include, but is not limited to the following:

a. CRP performance,

b. financial data,

c. program promotion,

d. customer relations,

e. conflict resolution, and

f. compliance metrics.

(see Section 2.4 Deliverables Acceptance Criteria for additional detail)

Quarterly

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Deliverable Description Frequency

/ Due Date

Annual

Report

It must include, but is not limited to the following:

a. the CNA's audited financial statements,

b. an updated strategic plan, and

c. an updated projected schedule of expenses that details the amount and percentage of management fees allocated to:

1. directly support the state use program,

2. expanding direct services to programs that enhance the lives of individuals with disabilities and

3. administrative overhead, such as salaries.

(see Section 2.4 Deliverables Acceptance Criteria for additional detail)

Annually /

October 31

Semi-

Annual

Customer

Satisfaction

Survey

Report

Submit the results in a formal report to TWC at least semi-annually. The report should include trend analysis and recommended actions to resolve identified recurring problem.

Semi-

Annually

2.4 DELIVERABLES ACCEPTANCE CRITERIA

Successful Respondent will be required to submit reports and adhere to ongoing requirements as described in Texas Human Resources Code Chapter

122 and 40 TAC Chapter 806.

To be approved, the report must include each of the items detailed above, and be reviewed and approved by TWC. If TWC determines the report is

RFP No. 3202600177 ver. 1 Page 27 of 74 incomplete, Successful Respondent will have one week to revise the report and submit to TWC for review and approval.

In addition, the Awarded Vendor must provide deliverables as outlined below:

Deliverable #1: Quarterly Report. Successful Respondent must submit a quarterly report detailing the following items:

1. Item 1: (§806.31(g)(1)) - List of CRPs that did not meet the criteria for participation in the State Use Program during the reporting quarter, along with the specific reasons for each CRP's non-compliance.

2. Item 2: (§806.31(g)(3)) - Categories of expenditures in the reporting format approved by TWC. This should provide a clear breakdown of how funds are being utilized within the State Use Program.

3. Item 3: (§806.32(b)(2)) - A status update on activities related to researching new products, services, and markets to increase employment opportunities for individuals with disabilities. The report must detail the specific new products, services, and markets researched and any progress in improving existing offerings.

4. Item 4: (§806.32(b)(4)) - A comprehensive overview of customer satisfaction levels for each CRP, based on complaints received. This should include: a summary of satisfaction levels, details of all complaints received, actions taken to resolve each complaint, and a demonstration of progress toward the goal of no more than five unresolved complaints per year.

5. Item 5: (§806.32(b)(5)) - A summary of the quarterly regional information workshops conducted to promote the State Use Program.

Include information such as the location and date of each workshop, RFP No. 3202600177 ver. 1 Page 28 of 74 the topics covered, the number of attendees, and any feedback received.

6. Item 6: (§806.32(b)(7)) - A detailed status report on contract issues and/or problems that have arisen between the CRPs, the CNA, and/or customers. This should include: a description of each issue, the steps taken to resolve it, whether the issue was resolved, and if not, whether it was referred to TWC.

7. Item 7: (§806.32(b)(9)) - Quarterly report of state sales and federal taxes paid to, respectively, the Texas Comptroller of Public Accounts and the Internal Revenue Service (IRS). The report must accurately reflect state sales and federal taxes paid to the Texas Comptroller of

Public Accounts and the Internal Revenue Service (IRS).

8. Item 8: (§806.32(b)(12)) - A detailed report of any conflicts between

CRPs and the CNA. This should provide a description of the conflict, the parties involved, and the steps taken to resolve the conflict.

9. Item 9: (§806.32(b)(13)) - Report regarding delivery turnaround times and contract performance for each CRP. This must include tracking data for product and service sales, as well as identify CRPs with underperforming delivery times or contract compliance issues.

10. Item 10: (§806.32(b)(14)) - A report regarding the number of inquiries and average response time in conjunction with the report described in item 8 of this subsection. Include the total number of inquiries received and the average response time for inquiries.

Deliverable #2: Annual Report. Successful Respondent must submit a report annually by October 31 detailing the following items:

1. Item 1: (§806.31(g)(2)(A)) – include updated marketing plan.

RFP No. 3202600177 ver. 1 Page 29 of 74

2. Item 2: (§806.31(g)(2)(B)) – include a proposed annual budget with estimated sales, commissions, and expenses.

3. Item 3: (§806.31(g)(2)(C)) – include a program budget with details on how the expected revenue and expenses will be allocated to directly support and expand the state use program and other programs that expand direct services and/or the enhancement of employment opportunities for individuals with disabilities.

4. Item 4: (§806.31(g)(2)(D)) – include an audited annual financial statement that shall include information on FDIC coverage of all cash balances, earnings attributed to the management fee for the state use program, accounts receivable, cash reserves, line of credit borrowings, interest payments, bad debt, administrative overhead and any detailed supporting documentation requested by TWC.

5. Item 5: (§806.31(f)(1)) - include the following information regarding

CRPs that have contracted with the CNA: a collective executive summary of the CRPs annual state use program evaluations; the number of individuals with disabilities, according to their type of disability, who are employed in CRPs participating in the programs or who are employed by businesses or workshops that receive supportive employment from CRPs; the amount of annual wages paid to each employee participating in the program in a format determined by TWC; a summary of the sale of products offered by the CRPs; a list of products and/or services offered by a CRP; the geographic distribution of CRPs; the number of individuals without disabilities who are employed in CRPs under this chapter; and the average and range of weekly earnings for individuals with disabilities and individuals without disabilities who are employed in CRPs under this chapter.

RFP No. 3202600177 ver. 1 Page 30 of 74

6. Item 6: (§806.31(f)(2)) - include the following information from each

CRP data on individual outplacement or supported employment to include: the number of individuals in outplacement employment; the hourly wage range; the range of hours worked; and the number of individuals with disabilities employed, listed by primary type of disability.

Deliverable #3: Semi-Annual Customer Satisfaction Survey Report.

Successful Respondent must submit a semi-annual report detailing the following items:

1. Item 1: Purchaser Satisfaction – The report must utilize a 5-star rating system (or equivalent) to measure and summarize satisfaction across the following specific categories:

a. Product/Service Quality: Satisfaction with the quality of

Products, Services, and Temporary Employment Services purchased through the State Use Program.

b. CNA Performance: Satisfaction with CNA Customer Service staff and Regional Marketing staff performance.

c. Operational Efficiency: Satisfaction with delivery timelines, accuracy of product counts, and the delivery process (specifically addressing delivery to correct addresses).

d. Financial Accuracy: Satisfaction with the timing and accuracy of invoicing and service certification paperwork.

e. Training Accessibility: A summary of training received by purchasers, categorized by source (CNA staff, Comptroller staff, or internal agency training).

2. Item 2: Community Rehabilitation Program (CRP) Satisfaction - The report must utilize a 5-star rating system (or equivalent) to measure

RFP No. 3202600177 ver. 1 Page 31 of 74 and summarize satisfaction among participating CRPs across the following specific categories:

a. Financial Operations: Satisfaction with CNA billing, invoicing, and payment processing.

b. Marketing Support: Satisfaction with assistance provided by

Regional Marketing Managers.

c. Resources and Outreach: Satisfaction with CNA publications, website usability, tradeshows, and the Annual Expo.

d. Compliance and Advocacy: Satisfaction with training/compliance opportunities and the CNA’s representation of CRP interests to

TWC.

3. Item 3: Qualitative Analysis and Improvement Tracking - The report must include a narrative section addressing specific feedback and

"Areas of Opportunity" identified in the surveys, including but not limited to:

a. Communication Response Times: Analysis of response times to email and phone inquiries (specifically targeting the goal of responding within one Business Day).

b. Logistical Support: For Central Store purchases, an analysis of delivery options for small state agencies.

c. Pricing and Data Support: Efforts to provide additional pricing support for specific service sectors (e.g., landscaping, custodial) and the availability of data/spreadsheets showing product trends by customer location.

4. Item 4: Trend Analysis - The report must include a comparative analysis of current survey results against the previous three (3)

RFP No. 3202600177 ver. 1 Page 32 of 74 reporting periods to identify upward or downward trends in star ratings and participation volume.

5. Item 5: Recommended Actions - The report must provide a formal

Corrective Action Plan (CAP) for any category receiving an average rating below 4.0 stars, detailing the specific steps the CNA will take to resolve recurring problems identified by Purchasers or CRPs.

ARTICLE III SOLICITATION PROCESS

3.1 AUTHORITY

TWC is soliciting the goods and/or services stated in this Solicitation under the authority of Texas Human Resources Code Chapter 122 and 40 TAC

Chapter 806.

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) and the TWC Procurement Portal.

TWC has no responsibility to communicate personally with each potential

Respondent for this 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 and the TWC Procurement Portal.

RFP No. 3202600177 ver. 1 Page 33 of 74

Table 3: Schedule of Events

Event Date and Time

Solicitation Posted to ESBD and the

TWC Procurement Portal

June 29, 2026

Pre-Solicitation Conference

Attendance is optional

July 07, 2026 at 2:00 P.M. central time

Deadline for Submitting Questions or Requests for Clarification

July 07, 2026 at 5:00 P.M. Central

Time

Deadline for Submission of

Response

NOTE: Responses must be

RECEIVED by TWC by the deadline.

August 12, 2026 at 10:00 A.M.

Central Time

Anticipated Contract Award November 2026

Respondent must submit its Response to TWC in accordance with the due date and time as indicated in this Table 3: Schedule of Events or as changed via an Addendum posted to the ESBD and the TWC Procurement Portal.

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 Request for

Revised Response, the Successful Respondent’s Response to the Request for

Revised Response, 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. The Contract will

RFP No. 3202600177 ver. 1 Page 34 of 74 include a provision regarding the order of priority for the Contract documents.

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 Request for Revised Response or

BAFO, if any, and Successful Respondent’s Response to the Request for

Revised Response 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.

3.4 ATTACHMENTS AND FORMS

Table 4: Attachments and Forms

Attachment/Form Title

Attachment 1 TWC Terms and Conditions

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

RFP No. 3202600177 ver. 1 Page 35 of 74

3.5 SOLE POINT OF CONTACT

All requests, questions, or other communication about this Solicitation must be made in writing to Procurement Services, addressed to the person listed below (Sole Point of Contact) with the Solicitation number in the subject line.

Taylor McCoy, CTCD/CTCM

Procurement Lead

TWC Procurement Portal

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 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 purposes of conducting business unrelated to this Solicitation.

3.6 PRE-SOLICITATION CONFERENCE

TWC will conduct a Pre-Solicitation Conference. A prospective Respondent should plan to attend the Pre-Solicitation Conference. See Section 3.2

Schedule of Events for the date and time. The Pre-Solicitation Conference will include an overview of the Solicitation. A question-and-answer session will also take place regarding general and technical questions.

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

RFP No. 3202600177 ver. 1 Page 36 of 74

3.6.1 Attendance

Attendance at the Pre-Solicitation Conference is optional but highly recommended.

Attendees to the virtual Pre-Solicitation Conference are required to register for the conference utilizing the link provided in Section 3.6.2 Logistical

Information.

3.6.2 Logistical Information

PS will hold the Pre-Solicitation Conference on the date and time set out in

Section 3.2 Schedule of Events.

People with disabilities who wish to attend the Pre-Solicitation Conference and require auxiliary aids or services should contact the Sole Point of

Contact identified in Section 3.5 Sole Point of Contact at least seventy-two

(72) hours before the Conference in order to have reasonable accommodations made by TWC.

Pre-Solicitation Conference Registration Link:

https://zoom.us/webinar/register/WN_so69eBW1Qqu3o0DYJr7kKg

After registering, you will receive a confirmation email containing information about joining the conference.

3.6.3 Questions at the Pre-Solicitation Conference

Attendees may submit questions in writing at the conference. All questions must be in the required format and include the information as referenced in

Section 3.7 Questions/Requests for Clarification.

During the Pre-Solicitation Conference, TWC may provide responses to questions and requests for clarification, but only written responses posted by

TWC as an Addendum to the Solicitation on the ESBD and TWC Procurement

Portal will be considered an official, binding update to the Solicitation.

https://zoom.us/webinar/register/WN_so69eBW1Qqu3o0DYJr7kKg

RFP No. 3202600177 ver. 1 Page 37 of 74

TWC reserves the right to amend, prior to the Response Deadline, answers previously posted. Amended answers will be posted on the ESBD and TWC

Procurement Portal.

Unauthorized communications with TWC program area staff regarding this

Solicitation before, during, or after the Pre-Solicitation Conference are prohibited. Failure to comply with these restrictions may result in disqualification of Respondent's Response.

3.7 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 5

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 and TWC Procurement Portal. 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 and TWC Procurement Portal. It is the

Respondent’s responsibility to check the ESBD and TWC Procurement Portal.

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 and TWC Procurement Portal, in accordance with this section, are binding.

RFP No. 3202600177 ver. 1 Page 38 of 74

3.8 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 and TWC Procurement Portal. Respondents are responsible for periodically checking the ESBD and TWC Procurement Portal 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 may disqualify the Respondent and does not absolve a Respondent from the requirements contained within any Addenda.

3.9 VETHUB SUBCONTRACTING PLAN

Respondent is not required to submit a VetHUB Subcontracting Plan with its

Response.

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 emailed 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.