ESBD_548664_1786569191723_RFP 644 26 06102026_Retail Electrical Services-Final.pdf

Texas Juvenile Justice Department 1801 N. Congress Ave., Suite 13.14000

Austin, TX 78701

REQUEST FOR PROPOSAL

For

RETAIL ELECTRIC PROVIDER

RFP # 644-26-06102026

NIGP Class/Item 911-75

Posting Date: August 13, 2026

Table of Contents

Section I General Information Page 4

Section II Scope of Work Page 6

Section III Proposal Submittal Information

Section IV General Requirements Page 23

Exhibit A Execution of Offer Page 24

Exhibit B Price Form Page 25

Exhibit C Terms and Conditions Page 26

Exhibit D Preferences Page 27

Exhibit E Statement of Data Security Page 28

Exhibit F Prison Rape Elimination Act Page 29

Exhibit G Vet Hub HSP Page 30

Exhibit H Request for Historical Usage Page 58

DEFINITIONS

1. Addendum - An additional written change, a written addition, a change, or a written addition, change, or supplement to a solicitation issued prior to the opening date.

2. AMENDMENT: A change to a contract, written in addition to or as a change to it.

3. AWARD: The act of accepting an offer, thereby forming a contract between the state and the vendor.

4. Best and Final Offer (BAFO) - A formal request to acceptable or potentially acceptable

Respondents to revise the originally submitted proposal.

5. BID TABULATION: The recording of bids and bid data submitted in response to a solicitation. The bid tabulation is used for comparison, analysis, and recordkeeping.

6. CLOSING DATE: The date and time when offers or proposals are due in response to a solicitation. Used interchangeably with the term “Opening Date”.

7. CONTRACT: An agreement between parties that creates mutual obligations enforceable by law.

8. CONTRACT EXECUTION: The performance of all acts necessary to render the Contract complete and legally binding between two or more parties.

9. CONTRACT MANAGEMENT: A core function that involves the continual monitoring of a contractor’s performance to ensure its compliance with the terms and conditions of the contract.

10. CONTRACT TERM: The period beginning on the commencement date or Effective Date of a Contract and ending when the Contract expires in accordance with its terms or when it is terminated.

11. CONTRACTOR: means the Party selected to provide the Goods or Services to the State under the Contract.

12. ELECTRONIC STATE BUSINESS DAILY (ESBD) – An online application administered by SPD that publishes solicitations to inform vendors of procurement opportunities and provides public notice of contract awards.

13. LATE RESPONSE: A response received after the date and time established for the receipt of responses to a solicitation.

14. NEGOTIATIONS: A process in which two or more parties work together to reach an agreement.

15. NOTICE OF AWARD: An official announcement of an executed contract. For SPD, the term also refers to a letter signed by the Deputy Comptroller or a designee that creates a contract.

16. POSTED DATES: The date a document is made available to the public online.

17. PROPOSAL: An offer to enter into a contract with the State, submitted in response to an RFP.

18. REQUEST FOR PROPOSALS (RFP): A written solicitation inviting the submission of proposals.

19. RESPONSIVE: The bid, offer, or proposal complies with all material requirements of the solicitation document, including the submission of all required documents.

20. RESPONDENT: An individual or entity that submits an offer or proposal. The term includes anyone acting on behalf of the individual or entity that submits an offer or proposal, such as an agent, employee, or representative.

21. SCOPE OF WORK (SOW): A section of a solicitation that describes the products and services provided by the vendor.

22. SERVICE: The provision of skilled or unskilled labor or professional work.

23. SOLICITATION: A document, such as an IFB, RFO, RFP, or RFQ, that requests responses from vendors to provide specified goods and services. The term also refers to the process of soliciting responses from vendors to provide specified goods and services.

24. SPECIFICATIONS: The “line item” descriptors within a solicitation that define the good or service the vendor must offer to be considered for award.

25. Fixed Price – The Respondent agrees to deliver the specified goods or services for a fixed total Price.

26. STATUTE: A law enacted by the state or federal government.

27. Swing Band – Is the acceptable range of electricity usage a customer can consume above or below their contracted amount without incurring penalties or market-rate charges?

SECTION I

GENERAL INFORMATION

A. INTRODUCTION:

The Texas Juvenile Justice Department (TJJD) is issuing this RFP for Retail Electric Provider (REP) services to meet all its power needs for the specified terms, with delivery requirements aligned with those terms, beginning on the first meter-read date after December 1, 2026.

An ESID list is attached for REPs participating in this pricing request. Respondents who can supply electricity to all locations shall provide this service at a discount rate.

Suppliers participating in this request must follow the guidelines for price submittal timing and acknowledge that all pricing components are included as listed in Section 2. Supplier’s experience and size in the Texas power market, accurate and timely electricity billing performance, customer service levels, value-added services, and community involvement will be key metrics valued by TJJD.

Any additional programs that benefit TJJD should be included and described in the Supplier’s responses.

B. BACKGROUND:

The Texas Juvenile Justice Department (TJJD) was formed in 2011, when the Texas Legislature combined the functions of the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission. It is charged with keeping communities safe by helping high-risk youthful offenders to reform and build a more successful future. TJJD operates five secure facilities and three halfway houses serving youth up to age eighteen (18) who’ve committed felony-level offenses and have been assigned by juvenile court judges to a rehabilitation program at TJJD campuses. The youth population within TJJD currently ranges from 750 to 800. TJJD’s mission is to provide public safety, promote positive behavioral change among youth inmates, reintegrate them into society, and assist crime victims.

C. PERIOD OF PERFORMANCE:

The initial term of the Contract shall tentatively run from December 1, 2026, through November 30, 2028, with three renewal options, each lasting one year. The Contract may be renewed by a written amendment signed by both parties. The terms, conditions, and rates for all renewals shall be the same as those specified in the Contract, except as approved.

Period of Performance

Initial Two-Year Term: December 1, 2026, through November 30, 2028 Renewal Option One: December 1, 2028, through November 30, 2029 Renewal option Two: December 1, 2029, through November 30, 2030

D. SOLICITATION POINT OF CONTACT FOR TJJD

1. TJJD Contact Information for Solicitation:

The TJJD Contract Specialist for this solicitation will be:

Charles P. Matuke CTCD, CTCM

1801 N. Congress, Austin, Texas 78701 Telephone: (512) 490-130 Facsimile: (512) 490-7572 Email: Charles.P.Matuke@tjjd.texas.gov

Vickie Griffin

1801 N. Congress, Austin, Texas 78701 Telephone: (817) 808-2185; Facsimile: (512) 490-7572 Email: Vickie.Griffin@tjjd.texas.gov

The Contract Specialist will be the point of contact throughout the solicitation process. No other TJJD staff will be able to provide information or answer questions regarding this solicitation. The Sole Point of Contact is the only exception. The HUB Coordinator, or, if expressly directed by the Sole Point of Contact, another designated TJJD representative (e.g., during Contract negotiations, if any), may provide information or answer questions. Should Respondents have questions regarding the proper completion of the HUB Subcontracting Plan (HSP), the HUB Coordinator may be contacted at:

2. TJJD Historically Underutilized Business (HUB) Coordinator

Name: Kellie Love Telephone: 254-218-2065 Email: Kellie.Love@tjjd.texas.gov

E. ADDITIONAL INFORMATION

a. It is the intention of TJJD to issue one Contract for the services described within this solicitation.

b. Any Respondent submitting a proposal in response to this solicitation accepts TJJD’s methodology and evaluation process listed herein for awarding Contracts mailto:Charles.P.Matuke@tjjd.texas.gov mailto:Vickie.Griffin@tjjd.texas.gov mailto:Kellie.Love@tjjd.texas.gov

SECTION II

SCOPE OF WORK

A. STATEMENT OF WORK:

The Texas Juvenile Justice Department (TJJD) is seeking a Retail Electric Provider (REP) to supply all of its power requirements for the specified terms, with deliveries beginning on the first meter-read date after December 1, 2026.

B. SCOPE OF WORK:

The selected REP shall provide full requirements for retail electric service, ERCOT settlement, billing per PUCT rules, customer support, enrollment per 25.27, and disclosures per 25.31 and 25.475

1. Provide an overall project schedule that includes anticipated duration dates, resources, dependencies, and milestones for each project phase and task.

2. Provide a summary of the deliverables required by this solicitation and any additional deliverables the Respondent plans to produce for this effort, using the Table 1 format below. The summary should include descriptions of key deliverables and/or milestones, along with estimated completion dates.

3. Provide a system that complies with applicable statutes governing Criminal Justice Information

System (CJIS) security

4. Maintain at least ninety-nine percent (99%) system uptime.

Table 1. Deliverable List Format

Deliverable No.

Deliverable Description

Work Products

Estimated Due Date

B1.1 Pricing

Suppliers must provide quotes that include all commodity components (no pass- throughs). TDSP delivery charges may be passed through to TJJD without markup. Please respond only if your company meets the expectations and terms outlined in this Request for Proposal. The following quotes are requested:

Structure: Fixed Price Swing Band: 25% Add-Delete: 10% Term: 60 Months Delivery: HUB

B1.2 Service Locations

ESI ID Service Location City State Status Mart

10443720005601912 Mart State Juvenile Correctional Facility 116 W Burleson Rd. Unit A

Mart Texas Active

10176990007750298 Mart State Juvenile Correctional Facility 116 W Burleson Rd.

Mart Texas Active

10176990007520247 Mart State Juvenile Correctional Facility 116 W Burleson Rd.

Mart Texas Active

Gainesville

10443720006830138 4701 E RM 678 Gainesville Texas Active 10443720007712150 4701 E FM 678, APT 358 Gainesville Texas Active

10443720007712181 4701 E FM 678 APT 371, APT

Gainesville Texas Active

10443720007712212 4701 E FM 678 APT 368. APT

Gainesville Texas Active

10443720007712243 4701 E FM 678 APT 374 Gainesville Texas Active

10443720007712305 4701 E FM 678 APT 378E,

APT 378E

Gainesville Texas Active

10443720007712336 4701 E FM 678 APT 378W,

APT 378W

Gainesville Texas Active

10443720007712429 4701 E FM 678 APT 379E,

APT 379E

Gainesville Texas Active

10443720007712522 4701 E FM 678 APT 379W,

APT 379W

Gainesville Texas Active

Ron Jackson

10443720000391823 620 FM3254 Brownwood Texas Active 10443720000391854 1001 High Mesa Dr. Brownwood Texas Active 10443720002372895 611 FM3254 Brownwood Texas Active 10443720002372926 600 FM3254 Brownwood Texas Active Halfway House

10032789489443310 Tamayo House-HWH 1438 N. 77th Sunshine Strip

Harlingen Texas Active

C. OWNERSHIP

1. Protection of Network Operations in Transition: Upon termination or expiration of the Contract, the System must remain operational throughout any transition period. The Offer must describe the process for facilitating a smooth transition.

A transition period will be required from the current Contractor to the awarded Respondent (if applicable). During this period, the System must remain operational.

2. Intellectual Property Rights Alternatives: The Respondent shall include in its Offer a proposal that ensures TJJD remains operational without interruption to TJJD's business in the event the Respondent company (a) files for bankruptcy, (b) becomes or is declared insolvent, or is the subject of any bona fide proceedings related to its liquidation, administration, provisional liquidation, insolvency, or the appointment of a receiver or similar officer for it, (c) passes a resolution for its voluntary liquidation, (d) has a receiver or manager appointed over all or substantially all of its assets, (e) makes an assignment for the benefit of all or substantially all of its creditors, or (f) enters into an agreement or arrangement for the composition, extension, or readjustment of substantially all of its obligations or any class of such obligations. TJJD will retain ownership of all functional requirements associated with TJJD's custom specifications.

D. PERFORMANCE STANDARDS:

1. Acceptable Quality Level (AQL): The Respondent recognizes that TJJD is paying the Respondent to deliver the services specified herein. The Respondent is required to meet a minimum quality level, including at least ninety-nine percent (99%) system uptime. The AQL is the level of service at which the system will operate properly, as agreed in the contract, and below which the contract of payment may be withheld until corrective actions are taken. Additionally, if service remains below the AQL without the required corrective measures, damages may be assessed.

E. DELIVERABLES:

The following are the requirements and expectations for all deliverables:

1. Deliverables must be provided on the specified dates. Any changes to the delivery date must be approved in advance (in writing) by the TJJD Contract Manager or designee.

2. All deliverables must be submitted in a format approved by the TJJD Contract Manager.

3. If the deliverable cannot be provided within the scheduled timeframe, the Respondent must contact the TJJD contract manager in writing to provide the reason for the delay and the proposed revised schedule. The request for a revised schedule must include the impact on related tasks and the overall project.

4. A request for a revised schedule must be reviewed and approved by the TJJD contract manager before any scheduling changes are permitted. Contract Terms and Conditions may specify remedies, costs, and other actions based on the facts related to the request for a revised schedule.

5. TJJD will complete a review of each submitted deliverable within five (5) working days of receipt unless otherwise stated by TJJD.

6. Relevant quality assurance processes will apply, including change management, acceptance, and risk and issue management. Respondent will use an agreed-upon Project Management methodology.

F. RESPONDENT QUALIFICATIONS:

The Respondent shall have the experience and qualifications required to provide the products and services requested in this solicitation, including, but not limited to, the following:

1. Be, in TJJD’s sole judgment, an established company that is financially stable and able to meet the financial responsibilities of this project; and

2. Respondent and/or Key Personnel must have at least five (5) years of experience operating, administering, and maintaining an installed or web-based Juvenile Assessment System.

G. PERSONNEL QUALIFICATIONS:

1. Key technical staff must be available twenty-four (24) hours per day, seven (7) days per week to provide Technical Support.

2. TJJD and the Respondent shall agree to designate specific members of the Respondent’s project team as “Key Personnel.” “Key Personnel” will be those individuals essential to the project and services being provided. Specific conditions and requirements of Key Personnel will be defined after contract award.

3. TJJD prefers that the Respondent personnel have extensive experience and high skill levels in areas related to the services requested in this solicitation. These skills should include:

a. Excellent written and oral communication skills with the ability to communicate with people of varying technical skills;

b. Understanding the flow of data within these systems;

c. Developing and presenting training materials for end users and technical staff;

d. Developing documentation of the type specified in this solicitation; and

e. Providing project management services.

H. SUBCONTRACTORS:

Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of the Respondent. No subcontract under the Contract shall relieve the primary Respondent of the responsibility for the service. If the Respondent uses a subcontractor for any or all of the work required, the following conditions shall apply under the listed circumstances:

1. If the Respondent is planning to subcontract any portion of the work, identify the proposed subcontractors in the Respondent’s initial proposal. Respondent must obtain prior approval from TJJD before Respondent enters into any subcontracting agreement, both in the present Contract as well as subsequent Contracts. TJJD must approve all subcontractors and subsequent Contracts and obtain prior approval from TJJD before the Respondent enters into any subcontract agreements.

2. Subcontracting shall be at the Respondent’s expense;

3. TJJD retains the right to check subcontractor’s background and make approval determination as to the use of the proposed subcontractor(s); and

4. The Respondent shall be the only contact for TJJD and subcontractors. Respondent shall designate a point-of-contact for all TJJD and subcontractor inquiries.

I. INVOICING:

Awarded Respondent will submit invoices to the TJJD Claims Department via email at tjjdinvoice@tjjd.texas.gov for each location.

Invoices for the Mart locations will be submitted to MCLInvoice@tjjd.texas.gov and/or via regular mail to 116 W Burleson Rd., Mart, TX 76664.

Invoices for the Gainesville locations will be submitted to GNSInvoice@tjjd.texas.gov and/or via regular mail to 1379 FM 678, Gainesville, TX, 76240.

Invoices for the Ron Jackson locations will be submitted to BWDInvoice@tjjd.texas.gov and/or via regular mail to 611 FM 3254, Brownwood, Texas 76801.

mailto:tjjdinvoice@tjjd.texas.gov mailto:MCLInvoice@tjjd.texas.gov mailto:GNSInvoice@tjjd.texas.gov mailto:BWDInvoice@tjjd.texas.gov

Invoices for the Harlingen location will be submitted to jolene.delgado@tjjd.texas.gov and/or via regular mail to 1438 N. 77th Sunshine Strip, Harlingen, TX 78550.

Payment will be made within thirty (30) days of receipt of a correct and itemized invoice or billing statement. Awarded Respondent shall submit invoices showing the Awarded Respondent’s name and address, TJJD Contract number, payee I.D., itemization of the services provided, itemized amounts for those services, the name and division of the TJJD Contract Manager, vendor remit-to address, and telephone number. No payment whatsoever shall be made under this Contract without the prior submission of correct and itemized invoices. Payments under this Contract are subject to the availability of appropriate funds. Awarded Respondent acknowledges and agrees that payments for services provided under this Contract are contingent upon TJJD’s receipt of funds appropriated by the Texas Legislature. Payment will be made in accordance with the Texas Prompt Payment Act, Texas Government Code, Subtitle F, Chapter 2251.

J. CHANGE CONTROL:

The Contract may be amended or supplemented only in writing, executed by the Parties hereto or their successors, and expressly made a part of the Contract, except that TJJD reserves the right to make unilateral, minor administrative changes to correct typographical errors, change the TJJD Contract identification number, or increase the “Not to Exceed (NTE)” amount if necessary to continue services.

K. Business Continuity and Disaster Recovery Plan:

Respondent shall submit a business continuity and disaster recovery plan detailing how the Respondent proposes to meet the specifications in the event the Respondent’s service is interrupted.

The plan must detail the Respondent’s backup and recovery process as part of their proposal.

SECTION III

PROPOSAL SUBMITTAL INFORMATION

A. SCHEDULE OF EVENTS: The following dates represent TJJD’s desired schedule of events associated with this solicitation. TJJD reserves the right to modify these dates at any time, with appropriate notice to prospective Respondents.

EVENT DATE

Issue solicitation August 13, 2026 Deadline for Submission of Questions August 24, 2026, 3:00 PM CST.

Deadline for TJJD to submit Vendor Q&A August 27, 2026, 3:00 P.M. CST Deadline for Submission of Proposals August 31, 2026, 2:30 P.M. CST Complete Evaluation and Review of Proposals October 1, 2026 Execute Contract November 2 , 2026 Commence Services December 1, 2026

All inquiries that result in a change to the solicitation or that TJJD deems necessary for clarification will result in a written addendum.

mailto:jolene.delgado@tjjd.texas.gov

B. PROPOSAL REQUIREMENTS:

Purpose of Instructions:

The following paragraphs provide instructions for preparing proposals and outline the required format. These guidelines are intended to ensure that all essential information is submitted to enable a thorough understanding and evaluation of the Respondent's proposal. Proposals must be prepared in accordance with these instructions and include all necessary information in the specified format. Failure to comply may result in the proposal's being further considered.

1. Submission of Proposal

Proposals shall be typed in 12-point font, with all pages numbered, a table of contents included, and sections clearly tabbed. Do not submit printed firm brochures with the Proposal.

Proposals shall be submitted under the tabs described above.

a. Each Proposal shall include individual sections and subsections that address each of the solicitation criteria in order.

b. Proposals shall be received by TJJD via email at the TJJD Contracts E-bids email box listed in this solicitation. Proposals shall be received by TJJD on or before the due date stated in the Schedule of Events.

c. The proposal should be attached as one (1) PDF file to an email and sent to the TJJD Contracts

E-bids email box listed in this solicitation. The email subject line shall include the solicitation number and name, and the email shall include the solicitation number, name, and the respondent’s business name. The email shall also include the submittal deadline/opening date and time. It is the Respondent’s responsibility to ensure that the proposal email contains this information and is sent to TJJD by the specified due date and time. TJJD is not responsible for delays that may occur during electronic submission or due to email servers.

d. Receipt of all addenda to this solicitation should be acknowledged by returning a signed copy of each addendum with the Respondent’s proposal. The Respondent’s failure to acknowledge receipt of all addenda to this solicitation will in no way release the selected Respondent from “addenda or additional information” that may result in additional costs to meet the requirements of the solicitation.

e. Responses submitted shall constitute an offer for one hundred twenty (120) days or until TJJD makes an award, whichever is later.

f. Respondent is responsible for all of Respondent’s costs of preparing and submitting the proposal for this solicitation.

g. TJJD has no obligation regarding this solicitation unless and until a Contract is fully executed by the Parties. However, all proposals received by TJJD will remain confidential until the evaluation process is complete.

h. Proposals will be subject to the Texas Public Information Act (TPI), Texas Government Code, Chapter 552, and may be disclosed to the public upon request. Respondent may request protection of trade and confidential information from public release by clearly marking each page on which this information appears with “Confidential” in bold, at least 12-point font; all submitted information is subject to the Act and may be released.

i. Prospective Respondents are asked to keep in mind that all material submitted should be directly pertinent to the requirements of the solicitation. Extraneous narrative, elaborate brochures, uninformative PR material, etc., shall not be submitted.

j. Telephone, mail, or facsimile transmission of the proposal will not be accepted.

k. Proposals from a partnership shall be signed in the firm name by at least one (1) general partner or by an Attorney-in-fact. If signed by an Attorney-in-fact, a Power of Attorney evidencing authority to sign the Proposal, dated and executed by all partners in the firm, shall be attached to the Proposal. Proposals from a corporation shall bear the corporation's correct corporate name and the signature of an authorized officer of the corporation. The title of office held by the person signing for the corporation shall appear below the officer's signature. Proposals from an individual doing business under a firm or fictitious name shall be signed in the name of the individual doing business under the proper firm’s name. Proposals from a joint venture shall be signed by all members, or by a member of the joint venture if a copy of the Joint Venture Agreement is attached to the Proposal, evidencing that the Proposal is signed by the member who has authority to bind the Joint Venture.

Unsigned proposals will not be considered under any circumstances.

C. RESPONSE CONTENT REQUIREMENTS AND SUBMISSION:

Content: Below is a summary of the requested information. A proposal submitted without this information will be evaluated accordingly. TJJD reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the state's best interest. The following documents must be submitted with a response. Failure to do so may result in disqualification.

1. Response Content Submission:

TAB 1 Transmittal Letter, addendums (if applicable), all signed TAB 2 Company Information and organization, organization profile, and qualifications TAB 3 Work Plan-System Requirements, Training, Personnel Qualifications TAB 4 Preferences TAB 5 Execution of Offer (Exhibit A) TAB 6 Price form (Exhibit B) TAB 7 References TAB 8 Statement of Data Security (Exhibit E) TAB 9Solicitation Exceptions and/or Assumptions TAB 10 HUB Subcontracting forms (Exhibit F) TAB 11 Letter of Authorization (LOA) Request for Historical Usage (Exhibit G)

2. Description of TAB Information Content

TAB 1:

a. Transmittal Cover Letter, limited to two (2) pages, shall include a brief statement of the

Respondent’s understanding of the work to be performed and a summary of proposed features, signed.

b. Signed acknowledgment of solicitation addendums, if applicable; and

TAB 2:

a. Company Information: Including, but not limited to the following:

1. Description of Individual or Entity (e.g., Company), names and addresses of principal officers, directors, or partners

2. Ownership, if a corporation, includes the date and state of incorporation

Primary Service location(s)

3. Physical and mailing address, if different

4. Other service locations Telephone and facsimile number

5. E-mail address and phone number of the Respondent’s primary contact

6. Provide the name and address of the Respondent's insurance carrier, for the purpose of responding to this solicitation, the Respondent will not be required to purchase insurance, but must show the ability to provide such insurance as specified in the Terms and Conditions. Only the Awarded Respondent will be required to provide insurance policy documentation.

7. Statement about whether or not any content in the Respondent’s proposal is or will be copyrighted.

8. Describe any litigation your key personnel and the company have been involved in over the past five (5) years.

b. Company Organization, Organization Profile and Qualifications (10 Points)

This tab shall consist of the Respondent's description of its organizational capabilities and qualifications and plans to satisfy and support the requirements of this solicitation.

NO PRICING DATA SHALL BE SUBMITTED IN THIS TAB.

1. This section shall contain a clear description of the entity submitting the proposal, including an outline of the history of the organization, organizational capabilities, goals and purposes, an organizational chart listing staff members and all satellite offices, and days and hours of operation.

c. Financial Requirements Respondents shall be in good financial standing and current in payment of all taxes and fees, such as state franchise fees. Respondent must have the financial capacity to perform the requirements in accordance with the Contract. TJJD will review the Respondent's audited or unaudited financial statement in accordance with Texas Government Code, Title 10, Subtitle D, Section 2156.007, to evaluate the Respondent's financial stability.

Consolidated financial statements are not acceptable. The financial statements must be for the specific business entity responding to the solicitation and must cover the duration of the

Contract term.

The financial statements must be provided at the lowest level for which the financial statements are available and for the past three years. If the Respondent has been in business for less than three years, the requirement is for all available years. For any financial statements submitted at a level above Level 1, the Respondent must include an explanation why the financial statements are not available at a lower level. The financial statements do not have to be at the same level for each period submitted, but an explanation of the need for the variation is required with the response.

Acceptable Levels of financial statements (submit at the lowest feasible level):

a) Level 1 – A complete set of audited financial statements based on US Generally Accepted Accounting Principles (US GAAP). The submission must include the notes to the financial statements as well as any other information covered by the auditor’s opinion.

b) Level 2 – A complete set of audited financial statements based on other than US GAAP but acceptable to the country of origin. The submission must include a letter from the certified public accountant discussing the areas of the financial statements that would be affected by a conversion to US GAAP, the notes to the financial statements, as well as any other information covered by the auditor’s opinion.

c) Level 3 – A complete set of reviewed statements based on US GAAP reviewed by an independent CPA. The submission must include the notes to the financial statements as well as any other information covered by the auditor’s report.

d) Level 4 – A complete set of compiled statements compiled by an independent CPA (income statement and balance sheet at a minimum), as well as the note disclosures and any report issued by the auditor with regard to the statements. If the CPA is not independent, the report must state that the accountant is not independent.

e) Level 5 – Properly classified and presented balance sheets and income statements generated by the Respondent’s accounting system. The submission must state the basis on which the statements are created and must be certified as true and reliable by an officer of the Respondent’s business.

TAB 3: Work Plan

a. Respondent shall provide:

1. Description of how the Respondent intends to meet the goals as stated in this solicitation

2. Explain how the project will be administered.

3. An implementation plan that starts from the date of the signing of the Contract 4.

Provide a timeline for training and rollout per facility. Limit responses to facts, solutions to problems, and plans of proposed action.

b. Personnel Qualifications:

Provide key personnel and describe services your organization and/or key personnel have provided in the past five (5) years that demonstrate your organization’s capability to carry out the proposed services. Include the nature of the services provided, the scope of activities, and the organization for which the service was provided. Also, provide any experience in providing similar services to public entities.

TAB 4: Preferences:

Describe all procurement preferences to which the Respondents are entitled under the 43 TAC 20.306, Texas Administrative Code, such as Disabled Service Veteran or Services from Economically Depressed or Blighted Areas. Exhibit D.

TAB 5: Execution of Offer (Exhibit A) Respondent shall complete and submit Exhibit A with Respondent’s proposal.

TAB 6: Price Form (Exhibit B) Provide and submit Exhibit B with the proposal.

TAB 7: References: (P/F) Provide a minimum of three (3) references for which similar services were performed or provided.

Preferred references would be state or local agencies or organizations whose requirements were of like magnitude and scope as outlined in the solicitation. Respondent shall not include Contracts where Respondent is performed only as a subcontractor or provided only partial delivery of services. Include program description, contact names, position, agency or organization name, e-mail address, and telephone number for each reference listed. Respondent should provide only references that have correct and active contact information for TJJD to be able to contact the references if TJJD decides to contact the references provided.

Respondent shall furnish the following information for each past and present reference Contract:

1. Name of Contracting activity;

2. Contract number;

3. Contract type (firm fixed price, cost reimbursement, etc.);

4. Total Contract value;

5. Dates of Contract performance;

6. Description of services performed;

7. Contracting officer and telephone number; and

8. Program/technical manager and telephone number.

TAB 8: Statement of Data Security (Exhibit F) Complete the Statement of Data Security and submit a signed document (Exhibit F) with the proposal.

TAB 9: Solicitation Exceptions and /or Assumptions:

In this section, Respondent shall indicate compliance with solicitation requirements set forth in the solicitation. It is not necessary to respond on a paragraph- by - p ar ag ra ph basis, but to identify by reference any exceptions in a single statement. If the Respondent agrees to the terms of the solicitation in its entirety, a single statement to that effect will suffice.

If the Respondent does not certify compliance with any of the above-listed sections, the Respondent shall also include in this section any assumptions used in preparing the proposal and any exceptions and/or requested changes. All deviations from the solicitation of requirements or terms and conditions shall be fully explained and justified.

TAB 10: Veteran Heroes United in Business (Exhibit F)

Respondents are to provide a HUB Subcontracting Plan with their proposals. The form to be used is attached as Exhibit F.

Veteran Heroes United in Business

TJJD promotes and encourages contracting and subcontracting opportunities for the State of Texas Veteran Heroes United in Business (VetHUBs). Successful Respondents are strongly encouraged to subcontract with HUBs. They can obtain assistance from TJJD to identify available HUBs both before and after the award of any Contract(s). TJJD and its contractors shall make a reasonable, good-faith effort to meet or exceed the statewide HUB participation goals set by the Texas Juvenile Justice Department. TJJD follows CPA policies regarding HUBs.

Respondent must indicate whether it is a Texas Certified VetHUB. If so, provide a copy of the registration.

Respondent must submit a HUB Subcontracting Plan (HSP) along with the proposal to be considered responsive. The HSP completion forms are attached as Exhibit H. A proposal submitted in response to this solicitation that lacks a HUB Subcontracting Plan, or if the plan submitted is found not to be in good faith, will be considered non-responsive and disqualified. The link to the CPA website for information regarding the HSP is:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

The respondent shall confirm its willingness to submit monthly compliance reports related to its HSP.

TJJD has identified possible subcontracting opportunities within the scope of this proposal/offer. Please complete the HUB Subcontracting Plan forms and instructions in Exhibit H.

TJJD has made a reasonable effort to identify potential subcontracting areas based on its understanding of this procurement request. Respondents are not limited to the potential subcontracting areas listed below.

TJJD relies on the Respondent’s expertise to fully identify subcontracting opportunities that best fit its organization and this procurement request. Respondents planning to subcontract are responsible for identifying all areas to be subcontracted and for performing a good-faith effort for each, as required by the HUB Subcontracting Plan Form documents.

Class Item Description

NA

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

D. INQUIRIES:

1. All inquiries should be submitted in writing to both contract specialists by email to:

Primary Contact:

Charles P Matuke, CTCM, CTCD Email: Charles.P.Matuke@tjjd.texas.gov Phone number: 512-490-7130

Secondary contact:

Vickie Griffin, CTCM, CTCD Email: Vickie.Griffin@tjjd.texas.gov Phone: 817-378-2153

2. All relative inquiries will result in written responses provided by addendum, posted to the Electronic

State Business Daily (ESBD) at http://www.txsmartbuy.com/esbd, and emailed to the Respondents.

If the provider does not have Internet access, copies may be obtained through the point of contact listed above.

3. Other written inquiries, as described above, and other employees and representatives of TJJD will not answer questions or otherwise discuss the contents of the solicitation with any Respondent or Respondent’s representatives. Failure to observe this restriction may result in the disqualification of any subsequent response. This restriction does not preclude discussions between affected parties regarding business unrelated to this solicitation.

4. Any changes to this solicitation will be posted as an addendum on the ESBD and emailed to potential

Respondents. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement before submitting a proposal. Failure to periodically check the ESBD will not release the selected Respondent from any “addenda or additional information” that may result in additional costs to meet the requirements of the solicitation.

If this solicitation is amended by an addendum, all terms and conditions not modified remain unchanged.

E. THE TJJD REPRESENTATIVE OF DISCUSSION AND CORRESPONDENCE

All communications and questions concerning this solicitation, including any technical questions, must be made through the TJJD Contracts Department. All correspondence and communication, including written questions, shall be directed to TJJD’s contact person listed in this solicitation.

Written answers to the questions will be provided to all Respondents through the ESBD by addendum(ia). Respondent should rely solely on the written information provided in this manner.

Respondent is specifically barred from contacting any TJJD personnel involved in this solicitation to discuss Respondent's proposals. This restriction does not preclude discussions between affected parties regarding business unrelated to this solicitation. Respondent is specifically cautioned against mailto:Charles.P.Matuke@tjjd.texas.gov mailto:Vickie.Griffin@tjjd.texas.gov http://www.txsmartbuy.com/esbd relying on any oral information. The responsiveness of each proposal will be evaluated in accordance with the instructions given in this solicitation and any addenda thereto. Unauthorized contacts with TJJD personnel could result in the proposal being rejected in its entirety.

F. POINT OF CONTACT:

The Respondent shall provide the name, address, and phone number of a point-of-contact for questions concerning the submitted proposal.

Name: Title:

Phone Number: Fax Number:

Email:

Street Address:

City: State: Zip Code:

G. QUESTION AND ANSWERS:

Respondent must submit all questions regarding this solicitation by email to the TJJD point of contact for this solicitation. Questions regarding this solicitation will be accepted by the date and time specified in the Schedule of Events. TJJD will respond to questions received no later than the date and time specified in the Schedule of Events.

By submitting an inquiry, Respondent acknowledges that the applicable inquiry and official answer may be shared with other Respondents and therefore will not include any confidential or proprietary information in such inquiries. TJJD will not identify the Respondent that submitted any particular inquiry.

H. DELIVERY OF PROPOSALS:

1. Proposals shall be emailed to TJJD at the following email address:

tjjd-contracts-ebids@tjjd.texas.gov

2. Proposals submitted by email to TJJD after the deadline specified in the Schedule of Events in this section will be disqualified and will not be evaluated.

3. The agency will not accept solicitation responses or proposal documents that are encrypted, password-protected, or otherwise secured in a manner that prevents immediate access by the Agency at the time of submission opening.

mailto:tjjd-contracts-ebids@tjjd.texas.gov

4. Responses submitted in encrypted or password-protected formats will be considered non-responsive and will not be evaluated.

I. PROPOSAL OPENING:

1. Proposals will be received until the date and time established for receipt. Proposals will be opened at the stated time on the date of the Deadline for Submission of Proposals per the Schedule of Events.

2. Telephone calls and facsimiles are not acceptable responses to this solicitation.

3. All submitted Proposals become the property of the State of Texas after the deadline/opening date.

Prices and terms will not be disclosed until after the contract award.

J. EVALUATION PROCESS:

The selection of the proposal for award will be based on Best Value to TJJD. TJJD will solely determine Best Value by evaluating each proposal. TJJD reserves the right to reject any and all proposals, or to re-solicit or cancel this solicitation, if such action is deemed in the best interest of the State of Texas and TJJD.

1. An evaluation committee will be established by TJJD to review and evaluate the proposals. The committee will include TJJD employees and may also include impartial individuals who are not TJJD employees. No information will be provided to anyone about the status of the proposals while they are under evaluation.

2. At any stage of the process, TJJD may request clarification or additional information to provide the required service(s). Respondent’s responses will become part of Respondent’s proposal. TJJD reserves the right to accept or reject all or part of any proposal, waive minor technicalities, and award the contract to best serve the State’s interests.

3. The Proposal will be evaluated based on its ability to meet the requirements of this solicitation.

Minor irregularities: To be considered responsive, a proposal must provide full, accurate, and complete information, and all forms must be signed as indicated and required by this solicitation. If an unmet requirement is deemed a minor irregularity or an inconsequential variation, TJJD may grant an exception at its discretion, and the proposal may be considered responsive. This may occur only if the variation has negligible significance for price, quality, quantity, or service delivery and does not affect the competitiveness of other proposals. Please note that failing to sign in the required places or answering “no” to any of the assurances is not considered a minor irregularity.

4. The Evaluation Committee will determine the Respondent’s proposal to select for award of a

Contract. The proposals meeting the minimum qualifications described in this solicitation will be scored and ranked. The highest ranked Respondents may be asked to make presentations to the evaluation committee (if applicable). Each presentation will be scored and factored into an overall score. The highest-scoring proposal will be selected for award of a Contract. Negotiations may be conducted with one or more of the highest-ranked Respondents to ensure the best value is obtained. Best and final offers (BAFOs) may be requested. This will be at the sole discretion of

TJJD. TJJD would request BAFOs by email.

5. In evaluating Proposals to determine the best value for the State of Texas, TJJD may consider information related to past Contract performance of a Respondent including, but not limited to, State of Texas Vendor Performance Tracking System, available at https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/. Prior work performance with TJJD and other state agencies or governmental entities that are familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification. In addition, Respondents involved in litigation with TJJD or another state agency may be disqualified.

6. Past Performance: A Respondent’s past performance will be measured based upon pass/fail criteria, in compliance with applicable provisions of Sections 2155.074, 2155.075, 2156.007, 2157.003, and 2157.125, Texas Government Code. Respondent may fail this selection criterion for any of the following conditions:

a. A grade lower than “C” in the Vendor Performance System;

b. Currently under a Corrective Action Plan through the Texas Comptroller of Public

Accounts (CPA);

c. Having repeated negative Vendor Performance Reports for the same reason; or

Having purchase orders that have been canceled in the previous 12 months for non-performance (i.e., late delivery, etc.).

Vendor performance information is located on the CPA website at:

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ . This link is provided for the convenience of the Respondents. The link may change or may no longer be available.

7. TJJD may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code Section 20.115), TJJD may examine other sources of vendor performance, including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of Contracts. Any such investigations shall be at TJJD's sole discretion, and any negative findings, as determined by CPA, may result in non-award to the Respondent.

K. EVALUATION CRITERIA

The evaluation process includes an evaluation of the written proposal, which may result in scoring to develop a short list of Respondents who may proceed to the best and final offer (BAFO) stage, or in selecting one Respondent to be awarded if that Respondent clearly outscores all other Respondents.

The BAFO stage may include oral presentations, demonstrations, discussions, and/or site visits to fully understand a Respondent’s capabilities. If there are two stages, the preliminary scoring will be based on the total points awarded by the Evaluation Committee. After oral presentations (if any), evaluators will reevaluate proposals of the “short list” using the same criteria and will use these scores as the final evaluation scores.

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

TJJD reserves the right to request additional information to fully understand a Respondent’s capabilities.

1. The Evaluation Criteria and their respective weights are as follows:

A. Litigation 10% B. Company Information 15% C. Compensation and Fees 45% D. Personnel Qualifications and Relevant Experience 20% E. Price 10 %

Total Points 100%

EVALUATION CRITERIA

Completeness of Response Responses to this solicitation shall be complete and responsive. Responses that do not include the proposal content requirements identified within this RFP (under Proposal Content Submission) and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Administrative Review and will receive no further consideration.

Pass/Fail

References Provide a minimum of three (3) references for which similar services were performed or provided. Preferred references would be state or local agencies or organizations whose requirements were of like magnitude and scope as outlined in the solicitation.

Respondent should provide only references that have correct and active contact information for TJJD to be able to contact the references if TJJD decides to contact the references provided.

Pass/Fail

Litigation Provide details of all litigation with any agency or university within the past five (5) years, or any other litigation that would affect your performance in the execution of services requested in this RFP.

10 Points

Company Organization, Organization Profile and Qualifications Respondent's description of its organizational capabilities, qualif ications, and plans to satisfy and support the requirements of this solicitation.

Must include a clear description of the entity submitting the proposal, including an outline of the organization's history, capabilities, goals, and purposes, along with an organizational chart listing staff members and all satellite offices, and days and hours of operation.

15 Points

Compensation and Fees The Compensation and Fee includes pricing outlined in the proposal and an explanation of how the rate was calculated. Respondents may not add qualifications, conditions, or exceptions to the proposal. Any such representations by the Respondent may be grounds for rejection of the proposal, at the full and sole discretion of TJJD.

45 Points

Personnel Qualifications and Experience Provide key personnel and describe the services your organization and/or key personnel have provided in the past five (5) years that demonstrate your organization’s ability to perform the proposed services. Include the nature of the services, scope of activities, and the organization for which the service was provided.

Additionally, include any experience in delivering similar services to public entities.

20 Points

Price The proposed prices listed in Exhibit B will be assessed based on reasonableness, competitiveness with other Respondents, similar…