ESBD_548798_1788295842981_RFP 5640B-JW Credit Reporting Services.pdf

Texas General Land Office and Veterans Land Board -i- RFP No. 5640B-JW

TEXAS GENERAL LAND OFFICE

AND

VETERANS LAND BOARD

is

REQUESTING PROPOSALS

for

Credit Reporting Services & Public Record Search for Real Estate Transactions

REQUEST FOR PROPOSALS NO. 5640B-JW

Class 946 / Item 36

Release Date: September 1, 2026

Deadline for Submission: October 2, 2026 at 2:00 p.m. CT

Solicitation Point of Contact: Jaynee Williams, CTPM, CTCM Jaynee.Williams@GLO.Texas.Gov

You are responsible for checking the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.gov/esbd, for any addenda to this Solicitation. Please search under Agency Code 305 (General Land Office and Veterans Land Board). The Respondent’s failure to periodically check the ESBD will in no way release that Respondent from addenda or additional information resulting in additional requirements of the Solicitation.

mailto:Jaynee.Williams@GLO.Texas.Gov http://www.txsmartbuy.gov/esbd

Texas General Land Office and Veterans Land Board -ii- RFP No. 5640B-JW

TABLE OF CONTENTS

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

Executive Summary

Definitions

Authority

ARTICLE II. SCOPE OF WORK

Scope of Services Requested

2.2 GLO/VLB Responsibilities

2.3 Service Period and Contract Terms

2.4 No Guarantee of Volume or Usage

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 Schedule of Events

3.2 Inquiries

3.2.1 Contact

3.2.2 Clarifications

3.2.3 Responses

3.2.4 Prohibited Communications

3.3 Solicitation Response Composition

3.3.1 General Requirements

3.3.2 Solicitation Response Format

3.3.3 Page Limit and Supporting Documentation

3.4 Solicitation Response Submission and Delivery

3.4.1 Deadline

3.4.2 Labeling

3.4.3 Delivery

3.4.4 Alterations, Modifications, and Withdrawals

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 Evaluation Criteria

4.1.1 Conformance with State Law

4.1.2 Minimum Qualifications

4.1.3 Selection Criteria

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4.1.4 Detailed Scoring Methodology

4.2 Contract Award

ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 Respondent Information

5.1.1 Company Narrative

5.1.2 Company Profile

5.1.3 Key Staffing Profile

5.2 Project Approach

5.3 References

5.4 Litigation History

5.5 Veteran-Owned Historically Underutilized Business (VetHUB)

5.6 Conflicts

5.7 Financial Capability

ARTICLE VI. COST PROPOSAL

6.1 Cost Proposal

ARTICLE VII. TERMS AND CONDITIONS

7.1 General Conditions

7.1.1 Amendment

7.1.2 Informalities

7.1.3 Rejection

7.1.4 Irregularities

7.1.5 Offer Period

7.1.6 Open Records

7.1.7 Contract Responsibility

7.1.8 Public Disclosure

7.1.9 Remedies

7.2 Insurance

7.2.1 Required Coverages

7.2.2 Alternative Insurability

7.3 Protest

7.4 Contract Terms and Solicitation Acceptance

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7.4.1 Terms and Conditions

7.4.2 Affirmations and Solicitation Acceptance

7.5 Vendor Performance Reporting

ARTICLE VIII. SUBMISSION CHECKLIST

EXHIBIT A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE ......................... A-1

EXHIBIT B. SAMPLE CONTRACT ..................................................................................... B-1

EXHIBIT C. COST PROPOSAL FORM ............................................................................... C-1

Texas General Land Office and Veterans Land Board -1- RFP No. 5640B-JW

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

EXECUTIVE SUMMARY

The Texas General Land Office (“GLO”) and the Veterans Land Board (“VLB”) (collectively the “GLO/VLB”) issues this Request For Proposals (“RFP”) to solicit proposals for credit reporting and public record lien and judgment search services. The VLB’s Land and Housing Division requires the verification of credit of all applicants who participate in its Land Loan Program. Historically, credit verifications have been completed through a credit reporting system, which electronically delivers credit, fraud, and lien/judgment results within seconds via a secure, password-protected Internet site, or via the VLB’s loan origination system, together with the location information of applicants through an online tracking system.

The GLO/VLB will consider proposals from Respondents that demonstrate the ability to complete one or both of the services requested in accordance with the guidelines of this Solicitation and all applicable federal, state, and local laws, rules, and regulations.

Respondents must execute Exhibit A, Affirmations and Solicitation Acceptance, and complete other items listed on the Submission Checklist to be considered. Additional information on the GLO/VLB and its programs can be found at http://www.glo.texas.gov.

DEFINITIONS

“Addendum” means a written clarification or revision to the Request for Proposals issued by the GLO/VLB. Respondents must acknowledge receipt of any addenda in the submission of the Solicitation Response.

“Affiliate” means any individual or entity that, directly or indirectly, controls, is controlled by, or is under common control with, Respondent. “Control” means the ability to directly or indirectly direct the management and policies of an entity, whether through the ownership of voting securities or membership interests, by contract, or otherwise.

“BAFO” means Best and Final Offer.

“CMBL” means Centralized Masters Bidders List.

“Contract Documents” means all documents that govern this Solicitation and any resulting contract including, without limitation, this Solicitation, including all Exhibits.

“Contract Price” means the total compensation payable to the Provider for completion of the work in accordance with the terms of the contract.

“CPF” means the Cost Proposal Form.

http://www.glo.texas.gov/

Texas General Land Office and Veterans Land Board -2- RFP No. 5640B-JW

“CT” means Central Standard Time.

“EFX” means Equifax.

“ESBD” means the Electronic State Business Daily, http://www.txsmartbuy.gov/esbd.

“GLO” means the Texas General Land Office.

“LOS” means Loan Origination System

“OFAC” means Office of Foreign Assets Control

“PIA” means the Public Information Act, Chapter 552 of the Texas Government Code.

“Project” means the work solicited under this Solicitation.

“Provider” means Respondent(s) awarded a contract under this Solicitation.

“Respondent” means the entity responding to this Solicitation.

“RFP” means Request for Proposals.

“Solicitation” means this RFP.

“Solicitation Response” means the Respondent’s entire response to this Solicitation, including all documents requested in Articles III and V.

“State” means the State of Texas and any state agency; the GLO/VLB or state agency identified in this Solicitation, its officers, employees, or authorized agents.

“TAC” means the Texas Administrative Code.

“TUC” means Transunion.

“VetHUB” means a historically underutilized business, as described in 34 TAC §§20.281 through 20.298 and as certified under the Veteran Heroes United in Business Program administered by the Texas Comptroller of Public Accounts.

“VetHUB Subcontracting Plan” or “VetHSP” means the subcontracting plan required under 34 TAC §20.285 and the Texas Comptroller of Public Accounts’ Veteran Heroes United in Business Program (“VetHUB Program”) to be submitted with each response to a Solicitation that will result in the issuance of a contract with an expected value of $100,000 or more and for which the GLO has determined subcontracting opportunities are probable. The VetHSP is included in this Solicitation as Exhibit “C” and must be included with the Solicitation Response.

http://www.txsmartbuy.govc/esbd

Texas General Land Office and Veterans Land Board -3- RFP No. 5640B-JW

“VLB” means the Veterans Land Board.

“XPN” means Experian.

AUTHORITY

The GLO is posting this solicitation pursuant to and under Chapter 2155-2156 of the Texas Government Code and Chapter 161of the Texas Natural Resources Code.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Texas General Land Office and Veterans Land Board -1- RFP No. 5640B-JW

ARTICLE II. SCOPE OF WORK

SCOPE OF SERVICES REQUESTED

Respondents must be able to provide the GLO/VLB with automated access to credit reports and/or public record searches for fraud, judgment, and lien information.

Respondents must provide pricing for the requested service(s) it wishes to be considered for as detailed in Exhibit C, Cost Proposal Form.

2.1.1 Credit Reporting Services (tri-merge, individual and joint)

Provider must perform, or cause to be performed, the following services:

1. Provide instant tri-merge and single credit report results for individual and joint requests, including credit scores for EFX, TUC, and XPN per applicant (include credit score);

2. Have the ability to provide skip trace service (the debtor trace is tracing people for debt collection purposes);

3. Allow VLB to submit credit report requests via VLB’s loan origination software (currently MeridianLink, Inc.) instantly upon request;

4. Provide credit reports to be directly imported from the vendor directly into VLB’s loan origination software (MeridanLink, Inc. ) instantly upon request;

5. Allow for credit file re-issues/re-access and secondary use of credit report results for Fannie Mae DO automated underwriting system; and

6. Provide monthly invoices that include itemized details of each line item (for example, name of loan processor who submitted the request, applicant account number, name of applicant, type of credit report delivered, joint or individual report, product and access type, charge).

2.1.2 Public Record Lien and Judgment Search Services (ex: vendor fraud, judgment, and lien information).

Provider must perform, or cause to be performed, the following services:

1. Have the ability to identify and provide mortgage fraud risk determinations and identify any liens and judgements related to applicants;

2. Allow VLB to submit public record requests via VLB’s loan origination software (currently MeridianLink, Inc. or other) instantly upon request;

3. Provide public record reports to be directly imported from the vendor directly into VLB loan origination software (currently MeridanLink, Inc.) instantly upon request; and

Texas General Land Office and Veterans Land Board -2- RFP No. 5640B-JW

4. Provide monthly invoices that include itemized details of each line item (for example, name of loan processor who submitted the request, applicant account number, name of applicant, type of report delivered, joint or individual report, product and access type, and charge).

The selected Respondent(s) shall be bound to specific terms and conditions found in Exhibit B, the GLO/VLB’s Sample Contract.

2.2 GLO/VLB RESPONSIBILITIES

The GLO/VLB shall assist Provider in performance of the scope of services by providing the following services:

a) The GLO/VLB will give Provider access to, whether directly or through written permission, all applicable data available to the GLO/VLB for the applicable customer facilities in a mutually agreeable electronic data (non-image) format.

b) The GLO/VLB will provide contact information for its customers to Provider for the purpose of offering GLO/VLB-approved services to them as needed.

c) The GLO/VLB agrees to provide, or to cause to be provided, future monthly customer invoice data in a mutually agreeable electronic data (non-image) format;

and correlate data to existing images in a mutually acceptable manner so that Provider can efficiently upload the information.

2.3 SERVICE PERIOD AND CONTRACT TERMS

The GLO/VLB intends to award one or two contracts for the services requested under this Solicitation. Any contract resulting from this Solicitation shall be from the date of execution until December 13, 2031. Such contract, and any amendments, renewals, or extensions may be subject to approval by the Board of the VLB.

The selected Provider(s) shall be bound to specific terms and conditions found in Exhibit B, the GLO/VLB’s sample contract. These terms and conditions are subject to change prior to the execution of any contract that may result from this Solicitation.

2.4 NO GUARANTEE OF VOLUME OR USAGE

NO GUARANTEE OF VOLUME OR USAGE. The GLO makes no guarantee of volume or usage under any contract resulting from this Solicitation.

Texas General Land Office and Veterans Land Board -3- RFP No. 5640B-JW

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Issue Solicitation

September 1, 2026

Deadline for Submitting Questions September 8, 2026 at 5:00 p.m. CT

Anticipated Release Date of Answers to Questions

September 15, 2026

Deadline for Submission of Solicitation Responses

October 2, 2026 at 2:00 p.m. CT

Estimated Evaluation Completion Date October 16, 2026

Estimated Provider Selection and Notice of Award

October 23, 2026

Contract Award, Negotiation and Execution October 30, 2026

NOTE: These dates represent a tentative schedule of events. The GLO/VLB reserves the right to modify these dates at any time prior to the deadline for submission of Solicitation Responses upon notice posted on the Electronic State Business Daily (ESBD) website at:

http://www.txsmartbuy.gov/esbd. Please search under Agency Code 305 (General Land Office and Veterans Land Board). Any modification of dates after the deadline for submission of Solicitation Responses will not be posted.

3.2 INQUIRIES

3.2.1 Contact

All requests, questions, or other communications about this Solicitation must be made in writing to the GLO’s Purchasing Department, addressed to the person listed below.

Name Jaynee Williams, CTPM, CTCM Address 1700 N. Congress Ave., Austin, Texas 78701

Texas General Land Office and Veterans Land Board -4- RFP No. 5640B-JW

Phone 800.998.4456 or 512.463.5480 Email Jaynee.Williams@GLO.Texas.Gov

3.2.2 Clarifications

The GLO/VLB will allow written requests for clarification of this Solicitation.

Questions may be e-mailed to the point-of-contact listed in Section 3.2.1 above.

Respondents’ names shall be removed from questions in the responses released.

Submissions that deviate from the format prescribed below may not be accepted.

Questions must be submitted in the following format:

d) Identifying Solicitation number

e) Section number

f) Text of passage being questioned

g) Question

NOTE: The deadline for submitting questions is noted in Section 3.1 above.

Please provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

3.2.3 Responses

The GLO/VLB will respond to accepted questions in writing, posted to the ESBD at: http://www.txsmartbuy.gov/esbd. Responses shall be posted as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses.

3.2.4 Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section

3.2.1 above, the GLO/VLB, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify the Respondent. Respondent shall rely only on written statements issued through or by the GLO/VLB’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

3.3 SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

Respondent shall complete and upload the documents listed below to the Box™ link provided in Section 3.4.3:

mailto:Jaynee.Williams@GLO.Texas.Gov

Texas General Land Office and Veterans Land Board -5- RFP No. 5640B-JW

a) One Proposal, including all documents requested in Part 1 of the Submission Checklist, submitted as one Portable Document Format (.pdf) file titled “RFP 5640B-JW Credit Reporting Services (Respondent Name)_Part 1”.

Respondent shall prepare a clear and concise Solicitation Response that focuses on the instructions and requirements of the Solicitation. Respondent is responsible for all costs related to the preparation of their Solicitation Response.

Any terms and conditions attached by the Respondent to a Solicitation Response will not be considered unless specifically referred to in this solicitation and may result in disqualification.

Respondent(s) will be assumed to have studied the specifications and to have understood all the solicitation requirements. Respondent(s) shall include in its Cost Proposal Form (CPF) a bid amount sufficient to complete the Project, taking into account all costs.

3.3.2 Solicitation Response Format

For ease of evaluation, Respondent must present its Solicitation Response in a format that corresponds to the order requested in Article VIII, Submission Checklist. Responses to each section and subsection shall be labeled clearly to indicate the item being addressed. Exceptions to this will be considered during the evaluation process.

3.3.3 Page Limit and Supporting Documentation

Proposals shall not exceed 25 pages in length. Exhibit A, signed acknowledgments of addenda, references, résumés, and the Cost Proposal Form are considered supporting documentation and are not included in the page limit. The Solicitation Response should be formatted using 12-point or larger font, except for charts, graphs, or other graphical representations of data.

3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

Solicitation Responses must be uploaded to Box.com using the Box™ link provided in Section 3.4.3 no later than as specified in Section 3.1. Respondents may submit their Solicitation Responses any time prior to that deadline. Box™ will time stamp all uploaded Solicitation Responses; any other documentation of timely submission in lieu of the Box™ time stamp WILL NOT be accepted.

Texas General Land Office and Veterans Land Board -6- RFP No. 5640B-JW

3.4.2 Labeling

Each file uploaded to Box™ shall include Respondent’s company name and the title of the document; for example: “Company X: Proposal.”

3.4.3 Delivery

Respondents must upload Solicitation Responses to Box.com using the following Box™ link:

Upload Proposals Here!

The GLO/VLB shall not accept Solicitation Responses submitted by any other means. Please contact the point-of-contact listed in section 3.2.1 above for assistance with Box™.

3.4.4 Alterations, Modifications, and Withdrawals

Solicitation Responses may be modified, altered, or withdrawn by notifying the point-of-contact listed in Section 3.2.1 above, provided such notice is received prior to the deadline for submission of Solicitation Responses. The GLO/VLB may request proof of authorization before accepting modifications, alterations, or withdrawal requests.

https://txglo.app.box.com/f/4fcf47dd6b514ce3a139ed48f9c17841

Texas General Land Office and Veterans Land Board -7- RFP No. 5640B-JW

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

This Solicitation is being issued in accordance with Texas law, including, without limitation, Chapter 161 of the Texas Natural Resources Code, regarding the VLB’s powers and duties relating to administering land loans through its Veterans Land Program. Solicitation Responses shall be evaluated in accordance with Chapters 2155-2156 of the Texas Government Code. The GLO/VLB shall not be obligated to accept the lowest priced proposal, but will make an award to the Respondent(s) that provide(s) the “Best Value” to the State of Texas.

4.1.2 Minimum Qualifications

Respondent must meet the minimum qualifications listed below. Solicitation Responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of the Project may be rejected.

Respondent shall submit a summary (not to exceed two pages) that provides specific support for meeting the minimum qualifications outlined in this Section.

This support can specifically state how the Respondent meets each minimum qualification or can direct the evaluators to the appropriate section of the Solicitation Response that provides support for the Respondent satisfying each minimum qualification.

4.1.2.1 Respondent must have recently been in business for a minimum of five years, or the principals/owners must have had recent ownership/executive management experience in a previous company that provided credit reporting services and/or public records lien and judgment search services;

4.1.2.2 Respondent shall have demonstrated experience in meeting completion dates and project schedules;

4.1.2.3 Respondent must have an automation system and the ability to deliver requested data directly into VLB-Land loan origination system;

4.1.2.4 Respondent shall have demonstrated experience in credit reporting services and/or public record liens and judgments, noting projects completed in the last three (3) years; and

Texas General Land Office and Veterans Land Board -8- RFP No. 5640B-JW

4.1.2.5 Respondent must be financially solvent and adequately capitalized, as demonstrated by the Annual Report requested in Article V of this Solicitation.

4.1.3 Selection Criteria

The GLO/VLB will evaluate and score Solicitation Responses consistently in accordance with the following criteria:

4.1.3.1 Cost (35%);

4.1.3.2 Demonstrated relevant experience, qualifications and past performance of Respondent’s company and key personnel, as demonstrated by the Solicitation Response, any returned references, and the Texas Comptroller of Public Accounts Vendor Performance Tracking System (30%);

4.1.3.3 Project approach, including proposed personnel, methodology, and schedule for completion of the Project (30%); and

4.1.3.4 Overall responsiveness, clarity, and organization of Solicitation Response (5%).

NOTE: To clarify any response, the Solicitation evaluation committee may contact references provided in response to this Solicitation, contact Respondent’s clients, or solicit information from any available source concerning any aspect of the Solicitation deemed pertinent to the evaluation process.

4.1.4 Detailed Scoring Methodology

The GLO/VLB assembles an evaluation committee to evaluate each responsive Solicitation Response. Each evaluator completes one evaluation worksheet for each response. The evaluator evaluates each proposal individually against the requirements of the solicitation document, and not against other responses. The evaluator assigns the number of points he or she believes each Solicitation Response merits out of the possible points indicated on the evaluation worksheet for each selection criterion. Cost proposals are scored based on a reasonableness assessment of the proposed price, considering various factors such as the appropriateness of the cost metric chosen by the Respondent and the impact of any identified assumptions or constraints on the proposed price. Each evaluator scores Solicitation Responses independently and impartially. Scores are not divulged between committee members. Members may ask questions of the purchaser, agency legal counsel, and designated technical experts if they are unable to find information, do not understand information in a response, or require technical assistance.

Texas General Land Office and Veterans Land Board -9- RFP No. 5640B-JW

The purchaser averages all evaluators’ total scores for each Respondent to determine Respondent rankings.

4.2 CONTRACT AWARD

It is the intent of the GLO/VLB to award one or more contracts under this Solicitation. An award notice will be sent to the selected Respondent(s). Any award is contingent upon the successful negotiation of final contract terms and upon approval of the Chief Clerk/Executive Secretary of the GLO/VLB and potentially, the VLB Board. Negotiations shall be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached or negotiations are concluded without a contract. If contract negotiations cannot be concluded successfully, the GLO/VLB may negotiate a contract with the next highest scoring Respondent or may withdraw this Solicitation.

NOTE: Solicitation Responses are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and will be withheld from or released to the public only in accordance therewith.

Texas General Land Office and Veterans Land Board -10- RFP No. 5640B-JW

ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

Respondent must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified services on time. In accordance with this requirement, Respondent shall provide the following information:

5.1.1 Company Narrative

Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Article II, focusing on its company’s key strengths and competitive advantages.

5.1.2 Company Profile

Provide a company profile to include:

a) The company ownership structure (e.g., corporation, partnership, LLC, sole proprietorship, etc.), including any wholly owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information in a narrative and as a graphical representation). If Respondent is an affiliate of, or has a joint venture or strategic alliance with, another company, please identify the percentage of ownership and the percentage of the parent’s ownership.

Finally, please provide your proposed operating structure for the services requested under this Solicitation and which entities (i.e. parent company, affiliate, joint venture, subcontractor) will be performing them;

b) The year the company was founded and/or legally organized. If organized as a business entity other than a sole proprietorship (e.g., corporation, LLC, LLP, etc.), please indicate the type of entity, the state under whose laws the company is organized and the date of organization;

c) The location of the company headquarters and any field office(s) that may provide services for any resulting contract under this Solicitation, including subcontractors;

d) The number of employees in the company, both locally and nationally, and the location(s) from which employees may be assigned;

e) The name, title, mailing address, e-mail address, telephone number, and fax number of Respondent’s point of contact for any resulting contract under this Solicitation; and

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f) Indicate whether the company has ever been engaged under a contract by any Texas state agency. If “Yes,” specify contract number, dates of award and service, describe the duties, and for which agency.

NOTE: A Respondent that is not organized under the laws of the state of Texas must register with the Texas Secretary of State before it may transact business in Texas. Respondent must provide proof of registration before the GLO/VLB may award a contract under this Solicitation.

5.1.3 Key Staffing Profile

Respondent must provide a key staffing profile and résumés for staff that will be responsible for the performance of the services requested under this Solicitation, “Key staff” is defined as experienced, professional and/or technical personnel who will have major responsibilities under a contract and/or provide unusual or unique expertise essential for successful completion of the work performed. Provider shall ensure key staff remain available for the entire term of a contract. If key staff become unavailable for work, Provider shall promptly notify the GLO/VLB and assign alternative staff of equal ability and qualifications. The GLO/VLB reserves the right to approve changes to key staff.

5.2 PROJECT APPROACH

Respondent must describe clearly, specifically, and as completely as possible, its proposed methodology and schedule for achieving the objectives and requirements of this Solicitation. Respondent should identify all tasks to be performed to be responsive to Article II, Scope of Work, including Project activities, materials, and other products, services, and reports to be generated during the contract period and relate them to the stated purposes and specifications described in this Solicitation.

5.3 REFERENCES

Respondent shall provide a minimum of three non-GLO/VLB references for projects of similar type and size performed within the last three years, preferably for state and/or local government entities. The GLO/VLB reserves the right to check references prior to award.

Any negative responses received may be grounds for disqualification of the proposal.

Respondent must verify current contacts. Information provided shall include:

a) Client name;

b) Project description;

c) Total dollar amount of project;

d) Total project duration;

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e) Key staff assigned to the referenced project that will be designated for work under this Solicitation; and

f) Client project manager name, telephone number, and e-mail address.

The GLO/VLB checks references by e-mail. Respondents who do not provide accurate e-mail addresses waive the right to have those references considered in the evaluation of their Solicitation Responses.

5.4 LITIGATION HISTORY

Respondent must include in its Solicitation Response a complete disclosure of any actual or alleged breaches of contract it has engaged in. In addition, Respondent must disclose any civil or criminal litigation or investigation pending at any time during the last three years that involves Respondent or in which Respondent has been judged guilty or liable.

For each instance of litigation or investigation, Respondent shall list: basic case information (e.g., cause number/case number, venue information, names of parties, name of investigating entity); a description of claims alleged by or against Respondent or its parent, subsidiary, or other affiliate; for each resolved case, a description of the disposition of Respondent’s involvement (e.g., settled, dismissed, judgment entered, etc.).

Failure to comply with the terms of this provision may disqualify any Respondent.

Solicitation Responses may be rejected based upon Respondent’s prior history with the state of Texas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations.

If Respondent has no litigation history, as described above, so indicate in the appropriate section of the Solicitation Response.

5.5 VETERAN-OWNED HISTORICALLY UNDERUTILIZED BUSINESS (VETHUB)

The GLO is committed to promoting business opportunities for State of Texas certified VetHUBs in compliance with 34 TAC §20.285 and 31 TAC §3.30, and the GLO accordingly makes a good-faith effort to increase VetHUB participation in its contracts by contracting directly with VetHUBs or indirectly through subcontracting.

An evaluation of potential subcontracting opportunities was conducted for this contract in accordance with Texas Government Code §2161.252, and it was determined that this contract does not contain any probable subcontracting opportunities. Therefore, GLO is not requiring a VetHUB Subcontracting Plan (HSP) to be submitted with responses to this solicitation.

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5.6 CONFLICTS

Respondent must disclose any potential conflict of interest it may have in providing the services described in this Solicitation, including all existing or prior arrangements. Please include any activities of affiliated or parent organizations and individuals who may be assigned to manage this account. If Respondent has no conflicts, as described above, so indicate in the appropriate section of the Solicitation Response.

5.7 FINANCIAL CAPABILITY

5.7.1 Financial Capability Review

The awarding of a contract under this Solicitation is contingent upon the potential awardee’s demonstration of financial solvency and adequate capitalization. Within three (3) business days of a potential awardee’s acknowledgment of a Notice of Intent to Award issued by the GLO/VLB, the potential awardee is required to submit:

• Annual Reports, as described in Section 5.7.2 of this Solicitation, submitted as one Portable Document Format (.pdf) file; and

• One completed Financial Statement Components Worksheet, posted on ESBD with the Solicitation, submitted as a Microsoft Excel (.xlsx) file.

To determine the financial capability of a potential awardee, GLO Financial Management division staff shall review submitted annual reports and any other financial documentation that may be requested by the GLO for solvency, liquidity, and profitability and analyze the entity’s accounts receivable and inventory. A more comprehensive list of review factors follows:

• Current ratio • EBIT/Tangible Net Assets

• Quick Ratio • Return on Equity

• Cash Ratio • Receivables Turnover ration

• Solvency ratio • Average Collection Period

• Debt to Equity ratio • Inventory Turnover ratio

• Capitalization ratio • Days Sales of Inventory

• Debt ratio • Altman Z-score

• Operating Profit Margin

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A potential awardee that fails to comply with this Article or that is not financially solvent or adequately capitalized, as determined at the GLO’s sole discretion through GLO’s financial capability review and affirmed by the GLO’s Chief Financial Officer or his or her designee, may be deemed to not have met the contingency to award.

5.7.2 Annual Reports

a) If a potential awardee is an entity that is required to prepare audited financial statements, the potential awardee shall submit annual reports that include:

1) The last two years of audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

2) If applicable, the last two years of consolidated statements for any holding companies or affiliates;

3) An audited or un-audited accrual-basis financial statement of the most recent quarter of operation; and

4) A full disclosure of any events, liabilities, or contingent liabilities that could affect potential awardee’s financial ability to perform the awarded contract.

b) If a potential awardee is a privately-owned entity or sole proprietorship for which audited financial statements are not required, the potential awardee shall submit annual reports that include:

1) The last two years of un-audited accrual-basis financial statements, including an income statement, cash flow statement, and balance sheet;

2) An audited or un-audited accrual-basis financial statement of the most recent quarter of operation; and

3) A full disclosure of any events, liabilities, or contingent liabilities that could affect potential awardee’s financial ability to perform the awarded contract;

OR

4) Other financial information sufficient for the GLO, in its sole judgement, to determine if the potential awardee is financially solvent and adequately capitalized.

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As part of the financial capability review process, the GLO may request additional or clarifying information from any potential awardee. Personal financial statements and pro-forma financial statements will not be accepted as supporting documentation to the Financial Statement Components Worksheet and other documentation provided by a potential awardee. The GLO may accept a Dun & Bradstreet Business Credit Report from a smaller potential awardee, at the agency’s discretion.

A potential awardee must provide a completed Financial Statement Components Worksheet and annual reports as described in b) for the potential awardee only as a stand-alone entity; parent or related party financials will not be considered. If a potential awardee presents consolidated or combined financial information including its parent company’s or a related party’s financials and is unable to provide stand-alone annual reports, the GLO may proceed with the financial capability review process; however, all entities for which financial information is presented in the documentation must sign an awarded Contract.

If a potential awardee is a joint venture, an official document memorializing the relationship between participating entities must be presented. The percentage of the risk burden to be borne by each party must be indicated. Each party of the joint venture must be evaluated separately through the financial capability review process, and the weighted average of the parties’ scores will be attributed to the joint venture. All entities participating in a joint venture must sign an awarded Contract.

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ARTICLE VI. COST PROPOSAL

6.1 COST PROPOSAL

Respondents must submit a Cost Proposal on the Cost Proposal Form (CPF), located in Exhibit C, and return it with the other required documents listed herein. The Cost Proposal is intended to serve as a basis for a reasonableness evaluation of Respondent’s costs to perform the services described herein.

The Cost Proposal provided should be in accordance with the specifications in this Solicitation and shall include all estimated labor, materials, tools, supplies, equipment, personnel, and other costs required to complete the Project, including, but not limited to, travel expenses, insurance, bonds, associated costs, and incidental costs necessary to provide the products and services per the specifications, requirements, provisions, terms, and conditions set forth in this Solicitation and the Contract Documents.

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ARTICLE VII. TERMS AND CONDITIONS

7.1 GENERAL CONDITIONS

7.1.1 Amendment

The GLO/VLB reserves the right to alter, amend, or modify any provision of this Solicitation, or to withdraw this Solicitation, at any time prior to the award, if it is in the best interest of the GLO/VLB.

7.1.2 Informalities

The GLO/VLB reserves the right to waive minor informalities, errors, and irregularities in any Solicitation Response received.

7.1.3 Rejection

The GLO/VLB reserves the right to reject any or all Solicitation Responses received prior to contract award.

7.1.4 Irregularities

Any irregularities or lack of clarity in this Solicitation should be brought to the attention of the point-of-contact listed in Section 3.2.1 as soon as possible, so that corrective addenda may be furnished to prospective Respondents via the ESBD.

7.1.5 Offer Period

Solicitation Responses shall be binding for a period of 120 days after they are opened. Respondents may extend the time for which their Solicitation Response will be honored. Upon contract execution, prices agreed upon by the Respondent(s) are an irrevocable offer for the term of the contract and any contract extension(s).

No other costs, rates, or fees shall be payable to the Respondent unless expressly agreed upon in writing by the GLO/VLB.

7.1.6 Open Records

The GLO/VLB is a government agency subject to the Texas Public Information Act (PIA), Chapter 552, Texas Government Code. The Solicitation Response and other information submitted to the GLO/VLB by the Respondent are subject to release as public information. The Solicitation Response and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Solicitation Response or other submitted information, the Respondent must clearly label that

Texas General Land Office and Veterans Land Board -18- RFP No. 5640B-JW proprietary or confidential information and identify the specific exception to disclosure of that information in the PIA. Merely making a blanket claim that the entire Solicitation Response is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Solicitation Response subject to release under the PIA. In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Solicitation Response the Respondent considers proprietary or confidential must be clearly labeled as described above.

Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA, except as provided by law.

Respondents are required to make any information created or exchanged with the state pursuant to this solicitation and any contract that may result from this solicitation, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state.

Information related to the performance of this contract may be subject to the PIA and will be withheld from public disclosure or released only in accordance therewith. Respondent shall make any information created or exchanged with the state/GLO/VLB, and not otherwise excepted from disclosure under the PIA, available in a format that is accessible by the public at no additional charge to the state/GLO/VLB. Respondent shall make any information required under the PIA available to the GLO/VLB in Portable Document Format (PDF) or any other format agreed between the parties. The original copy of each Solicitation Response shall be retained in the official files of the agency as a public record.

Solicitation Responses and all other documents associated with this Solicitation will be withheld or released upon written request only in accordance with the PIA.

To the extent that a Respondent wishes to prevent the disclosure of portions of its Solicitation Response to the public, Respondent shall demonstrate the applicability of any exception to disclosure provided under the PIA in accordance with the procedures prescribed by the PIA. Respondent may clearly label individual documents “confidential” or “trade secret” to demonstrate that it believes certain information is excepted from disclosure and may legally be withheld from the public. Respondent thereby agrees to indemnify and defend the GLO/VLB for honoring such a designation. The failure of Respondent to clearly label such documents shall constitute a complete waiver of any and all claims for damages caused by the GLO/VLB’s release of these records.

Pursuant to Texas Government Code Chapter 2261, any contract that results from this Solicitation, including selected Respondent’s Solicitation Response, shall be posted to the GLO/VLB’s website.

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7.1.7 Contract Responsibility

Respondent shall be solely responsible for the performance of all contractual obligations that may result from an award based on this Solicitation. Respondent shall not be relieved of its obligations for any nonperformance by its subcontractors.

7.1.8 Public Disclosure

Respondent will not advertise that it is doing business with the GLO/VLB or use a contract resulting from this Solicitation as a marketing or sales tool without prior written consent of the GLO/VLB. Furthermore, Respondent shall not distribute or disclose this Solicitation to any other vendors or companies without permission from the GLO/VLB.

7.1.9 Remedies

All remedies available to the GLO/VLB for breach or anticipatory breach of any contract that results from this Solicitation are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. Liquidated damages, actual damages, cost projections, and/or injunctive relief may also be invoked either separately or combined with any other remedy in accordance with applicable law.

7.2 INSURANCE

For the duration of the Contract, Provider must acquire and maintain insurance with financially sound and reputable insurers licensed by the Texas Department of Insurance in the type and form required by the Contract (refer to Attachment B of the Sample Contract, Required Insurance) and for the coverage amounts indicated below. Provider must submit to the GLO/VLB certificates of insurance and other documents necessary to establish to the GLO/VLB’s satisfaction that Provider carries the types and amounts of insurance specified in the Contract. If the insurance needs change or the GLO/VLB determines any policy does not comply with the terms of the Contract, Provider must secure such additional policies or coverage that the GLO/VLB may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Provider must submit renewal certificates to the GLO/VLB evidencing continuity of coverage.

7.2.1 Required Coverages

7.2.1.1 Workers Compensation & Employers Liability

Provider must maintain Workers' Compensation insurance coverage in accordance with applicable statutory limits.

Workers Compensation: Statutory Limits Employers Liability: Each Accident $1,000,000

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Disease - Each Employee $1,000,000 Disease - Policy Limit $1,000,000

This website (coverage starts with Chapter 406 of the Texas Labor Code) addresses what Texas requires of Workers Compensation:

http://www.tdi.texas.gov/wc/act/index.html

7.2.1.2 Errors and Omissions – coverage of $1,000,000 per occurrence.

7.2.1.3 Cyber Liability Insurance

Provider shall maintain, at its own expense, insurance covering the Provider for claims, losses, liabilities, judgments, settlements, lawsuits, cyber extortion, forensic experts, public relations efforts including notifying affected individuals after a breach of security, regulatory actions, and other costs or damages arising out of its performance under this Agreement, including any negligent or otherwise wrongful acts or omissions by the Respondent or any employee or agent thereof.

The policy or policies comprising said insurance shall together provide limits of liability of:

Default: One Million (1,000,000) Type: Cyber Risk Insurance Occurrence Default: Two Million (2,000,000) Type: Cyber Risk Insurance Aggregate

Upon GLO/VLB’s request, the Respondent or Respondent’s agent shall provide the GLO/VLB with a copy of all certificates or verifications of insurance evidencing the existence or proper coverage required hereunder.

The required coverage is to be written with companies licensed in the State of Texas, with an “A-” rating from A.M. Best, and authorized to provide the corresponding coverage. Work on any contract shall not begin until after Respondent has submitted acceptable evidence of insurance. Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of contract.

7.2.2 Alternative Insurability

Notwithstanding the preceding, the GLO/VLB reserves the right to consider reasonable alternative methods of insuring the contract in lieu of the insurance policies customarily required. It will be Respondent’s responsibility to recommend to the GLO/VLB alternative methods of insuring the contract. Any alternatives proposed by Respondent should be accompanied by a detailed explanation regarding Respondent’s inability to obtain the required insurance and/or bonds. The http://www.tdi.texas.gov/wc/act/index.html

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GLO/VLB shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage.

7.3 PROTEST

Any Respondent unsuccessful or aggrieved in connection with this Solicitation may file a protest in accordance with 31 TAC §3.50.

7.4 CONTRACT TERMS AND SOLICITATION ACCEPTANCE

7.4.1 Terms and Conditions

Exhibit B, Sample Contract, is the standard contract used by the GLO/VLB for services; please review the terms and conditions therein. The GLO/VLB reserves the right to negotiate final contract terms with any selected Respondent. The terms and conditions in Exhibit B are subject to change prior to the execution of any contract that may result from this Solicitation.

7.4.2 Affirmations and Solicitation Acceptance

Execution of Exhibit A of this Solicitation, Affirmations and Solicitation Acceptance, shall constitute an agreement to all terms and conditions specified in this Solicitation, including, but not limited to, Exhibit B, Sample Contract, and all terms and conditions therein.

7.5 VENDOR PERFORMANCE REPORTING

The GLO/VLB is required by rule (34 TAC §20.509) to report vendor performance through the Vendor Performance Tracking System (VPTS). Additional information on this system can be found on the Texas Comptroller of Public Accounts website through this link:

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

As of January 24, 2017, the VPTS reporting methodology was revised so that vendors are assigned a letter grade (A-F) rather than the historic satisfactory/unsatisfactory ratings. The report grades for historic reports will be displayed as “Legacy Satisfactory” or “Legacy Unsatisfactory.” New reports will be graded on the A-F scale as now required by statute.

A Respondent’s past performance shall be measured in the VPTS by a letter grade that combines any historic ratings with ratings using the new letter grade system in the method described in 34 TAC §20.115.

The GLO/VLB is required to consider past performance when determining contract award as part of the “Best Value” standard, in compliance with applicable provisions of Texas Government Code §§2155.074, 2155.075 and 2156.125. The GLO/VLB may conduct https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=182505&p_tloc=&p_ploc=1&pg=3&p_tac=&ti=34&pt=1&ch=20&rl=115

Texas General Land Office and Veterans Land Board -22- RFP No. 5640B-JW reference checks with other entities regarding past performance. In addition to evaluating performance through the VPTS, the GLO/VLB 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…