ESBD_551408_1787335836242_3202700027 Texas Conference for Employers.pdf

Joe Esparza, Chairman and Commissioner Representing Employers

Alberto Treviño III, Commissioner Representing Labor

Brent Connett, Commissioner Representing the Public

Steve Pier, Executive Director

Request for Proposal (RFP) for

Texas Conference for Employers

Solicitation No. 3202700027

Date of Release: August 21, 2026

Responses Due: October 07, 2026, by 10:00 a.m. Central Time

971-30 Hotel and Motel Accommodations, Including Lodges, Resorts, Bed/Breakfast Inns, etc., Rental or Lease

971-65 Room Rental or Lease for Conferences, Seminars, etc.

Sole Point of Contact for this RFP:

Taylor McCoy, CTCD/CTCM

Procurement Lead

VendorProposals@twc.texas.gov

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

RFP No. 3202700027 ver. 1 Page 2 of 56

TABLE OF CONTENTS

Article I Purpose

Article II Scope of Work

2.1 Overview/Background

2.2 Description of Services/Scope of Work/Specifications

Article III Solicitation Process

3.1 Authority

3.2 Schedule of Events

3.3 Contract Documents

3.4 Attachments and Forms

3.5 Sole Point of Contact

3.6 Pre-Solicitation Conference

3.7 Questions/Requests for Clarification

3.8 Addenda

Article IV Response Submission Instructions

4.1 Deadline

4.2 General Information

4.3 Response Format

4.4 Discrepancies

4.5 Submission Method

4.6 Required Forms and Submission Documents

4.7 Narrative Proposal

4.8 Execution of Response

4.9 Cost Response

4.10 References

4.11 Financial Soundness

4.12 Exceptions

4.13 Offered Options

4.14 Binding Offer

4.15 Franchise Tax – Right to Transact Business in Texas

4.16 Disclosure of Interested Parties

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4.17 Ambiguity, Conflict, or Discrepancy

4.18 Response Irrevocability

4.19 TWC for Requests for Clarification to Respondents

4.20 Cost of Submission and Additional Evaluation Activities

4.21 TWC Rights

Article V Evaluation and Award

5.1 Conformance With State Law

5.2 Minimum Qualifications (Pass/Fail)

5.3 Initial Compliance Screening

5.4 Response Evaluation

5.5 Evaluation Criteria

5.6 Competitive Range

5.7 Discussions and Revised Responses

5.8 Best and Final Offer (BAFO)

5.9 Final Response Score and Total Score

5.10 Summary of Best Value Determination

5.11 Public Information Act

Article VI General Terms and Conditions

6.1 Contract Award

6.2 Contract Term

6.3 Price Adjustment

6.4 Contract Amendments

6.5 No Guarantee of Volumes, Usage, or Compensation

6.6 Governmental Entities

6.7 Respondent Waiver – Intellectual Property

6.8 Insurance

6.9 Remedies

6.10 Liquidated Damages

6.11 Changes in Ownership

6.12 Severability

6.13 Historical Compensation

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DEFINITIONS

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms have the meanings assigned below:

Table 1: Definitions

Term/Acronym Definition

Addendum A written addition, change, or supplement to this

Solicitation that is posted to the ESBD and issued prior to the response due date.

Additional

Evaluation Activities

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

Activities follow the evaluation of the written

Proposals and may be utilized by TWC to evaluate and ensure specifications meet TWC’s needs as outlined in the Solicitation. Additional Evaluation

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

Responses.

BAFO Best and Final Offer.

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Term/Acronym Definition

Business Day The day and hours (Monday through Friday, 7 a.m.

to 6:00 p.m. Local Time) in which TWC is open for business.

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

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

Competitive

Range

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

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

Respondent’s Response, except as may be provided in the Contract and any amendments thereto.

Contract Term Means the definite period of time that the Contract will remain in effect.

CTCD Certified Texas Contract Developer.

CTCM Certified Texas Contract Manager.

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

RFP No. 3202700027 ver. 1 Page 6 of 56

ESBD The Electronic State Business Daily. An online platform administered by the Statewide Procurement

Division (SPD) of the Comptroller of Public Accounts

(CPA). The ESBD may be accessed as http://www.txsmartbuy.gov/esbd.

Final Written

Response Score

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

Fiscal Year (FY) Texas State Fiscal Year, September 1 through

August 31.

Local Time Central Standard Time (CST) or Central Daylight

Time (CDT), as is then prevailing in Austin, Texas.

Offered Option Options that are not requested in a response to this

Solicitation but may be identified by a Respondent and included in its Response. A Respondent is not obligated to include an Offered Option in its

Response. This is an opportunity for Respondents to offer options that TWC may not have been aware of at the time this Solicitation was written. TWC makes no commitment to quantity or timing of acquisition of Offered Options and Offered Options are not considered during evaluation of Responses.

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

Operations, a division of TWC.

http://www.txsmartbuy.gov/esbd

RFP No. 3202700027 ver. 1 Page 7 of 56

PO Purchase Order.

Respondent The individual or entity that submits a Response to this Solicitation. The term includes anyone acting on behalf of the individual or entity that submits a

Response, such as an agent, employee, and representative. Also referred to a “Vendor.”

Response A Respondent’s response to this Solicitation.

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

Solicitation This RFP, including all exhibits, attachments, forms, and Addenda, if any. May include Requests for

Revised Proposals (RFRP) or Best and Final Offer

(BAFO) RFPs, if issued.

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

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Subcontractor Any entity(ies) or person(s) providing goods or services under the Contract on Respondent’s behalf, whether or not the entity(ies) or person(s) has/have a written agreement with the Respondent. The term does not include a state agency. The term includes an officer or employee of a state agency when the officer or employee contracts with a vendor in a private capacity.

Successful

Respondent

The Respondent with whom the TWC executes a

Contract to provide the goods and/or services that this Solicitation requires.

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

TWC Texas Workforce Commission.

VPTS Vendor Performance Tracking System, as described under Texas Government Code § 2262.055 and 34

TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas Government Code § 2155.089 and 34 TAC § 20.509. The VPTS is available at:

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

https://www.txsmartbuy.gov/vpts

RFP No. 3202700027 ver. 1 Page 9 of 56

ARTICLE I PURPOSE

The Texas Workforce Commission (TWC) Procurement Services (PS) section will administer the procurement process for this Solicitation, which includes Solicitation publication, handling of communications from

Respondents, as well as managing the receipt of Responses for review and evaluation.

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

TWC is seeking responses for its 2027 Texas Conference for Employers

(hereinafter referred to as the “Conference”), a series of four (4) distinct conferences held in different locations. TWC seeks a qualified respondent to provide a comprehensive package of Conference Services, to include conference meeting space, food and beverage services, audio visual equipment and on-site support, daily parking options for attendees, and a block of guestrooms for approximately twenty (20) TWC staff members.

Specific details regarding each event’s location, desired dates, and required attendee capacity are outlined in Table 2: Texas Conference for

Employers Locations and Desired Dates below.

Table 2: Texas Conference for Employers Locations and Desired Dates

Location Desired Dates Conference

Capacity

Conference

Length

San Antonio, Texas February 25-26, 2027 350-600 1 Day

Horseshoe Bay, Texas February 4-5, 2027 350-600 1 Day

Arlington, Texas April 2027 350-600 1 Day

Houston, Texas July 2027 600-800 2 Day http://www.twc.texas.gov/

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ARTICLE II SCOPE OF WORK

2.1 OVERVIEW/BACKGROUND

a. TWC’s Office of the Commissioner Representing Employers sponsors the Texas Conference for Employers, a series of educational seminars held annually throughout the state.

b. The Conference covers essential state and federal employment regulations and details the unemployment claims and appeals process.

Experienced speakers are on hand to navigate complex business matters and provide expert answers to participant inquiries.

c. Estimated attendance is approximately three hundred fifty to six hundred (350 – 600) attendees for the one (1) day conferences in San

Antonio, Horseshoe Bay and Arlington or their respective surrounding areas, and six hundred to eight hundred (600 – 800) attendees for the two (2) day conference in the Houston area.

2.2 DESCRIPTION OF SERVICES/SCOPE OF WORK/SPECIFICATIONS

a. Requirements for Conference Services that contain the words:

1. “must” or “shall” must be provided as specified without alteration, modification or exception;

2. “may” or “can” allow Respondents to offer alternatives to the way services are provided.

b. The Successful Respondent must provide conference event services in accordance with the requirements as stated in this RFP and all attachments.

2.2.1 Conference Locations and Dates

a. TWC will only consider for award those Responses that have the capability to hold the Conference as either:

RFP No. 3202700027 ver. 1 Page 11 of 56

1. a two-day hybrid Conference in Houston or surrounding areas with a setup on a Wednesday and the Conference on Thursday and Friday.

2. a one-day Conference in Arlington, Horseshoe Bay, and San Antonio or surrounding areas with a setup on Thursday and Conference on

Friday.

b. The Successful Respondent for any given location must have the capability to independently provide all Conference Services as specified in this RFP.

c. TWC’s preferred dates are listed below in Table 3:

Table 3: Conference Locations and Dates

Location 1st Choice 2nd Choice 3rd Choice

Houston Area July 7-9, 2027 July 14-16, 2027

San Antonio Area February 25-26, 2027 January 28-29, 2027

Horseshoe Bay Area February 4-5, 2027 February 25-26, 2027

Arlington Area April 22-23, 2027 April 29-30, 2027 April 1-2, 2027

d. Alternative Thursday-Friday date patterns will be considered. Any proposed alternative dates are subject to TWC approval and must not fall on the following unavailable dates:

1. January: 7-8, 14-15, 21-22

2. February: 11-12, 18-19

3. March: 11-12, 27-28

4. April: 8-9

5. May: 27-28

6. June: 17-18

7. July: 1-2, 15-16, 29-30

8. August: 5-6, 19-20

9. September: 23-24

RFP No. 3202700027 ver. 1 Page 12 of 56

2.2.2 Guestrooms

The Successful Respondent must offer a block of guestrooms for twenty

(20) TWC staff members at or below the prevailing Government Per Diem rate for the respective location and dates. The link to the current per diem rates is: Per diem rates | GSA. Guestrooms will be secured via rooming list and paid through direct bill. TWC will work with the Successful

Respondent to establish or update a direct bill master account. The required room block varies depending on the length of the conference, as detailed below:

Table 4 4: Guestroom Block for 2-Day Conference (Houston Area)

Number of Rooms Required

Room Type Wednesday Thursday Friday

Run of House 20 20 0

Table 5 5: Guestroom Block for 1-Day Conferences (San Antonio, Horseshoe Bay, Arlington Areas)

Number of Rooms Required

Room Type Wednesday Thursday Friday

Run of House 0 20 0

2.2.3 Conference Schedule

Table 6 6: 2-Day Conference Meeting Space Schedule

Day Start End Function Type

Set Up Style

Expected Attendance

Notes

Wed 12:00 p.m. 24-hour hold

Set Up & Sound Check

Classroom 500-600 24x12 Riser https://www.gsa.gov/travel/plan-book/per-diem-rates https://www.gsa.gov/travel/plan-book/per-diem-rates

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Day Start End Function Type

Set Up Style

Expected Attendance

Notes

Wed 12:00 p.m. 24-hour hold

Exhibitor and Registration Set Up

6’ Tables 23 (20) 6’ Exhibitor Tables

(3) 6’ Registration Tables and space for food breaks Hard Wired Internet Line

Wed 12:00 p.m. 24-hour hold

Storage Small storeroom that is lockable

Thurs 24-hour hold

Storage

Thurs 6:30 a.m. 5:00 p.m. Registration Existing Thurs 7:30 a.m. 5:00 p.m. Coffee

Service In rear of General Session

500-600

Thurs 7:30 a.m. 5:00 p.m.

(24-hour hold)

Conference Existing

Thurs 10:00 a.m. 10:30 a.m. AM Break Flow 500-600 Set in Exhibit Area

Thurs 11:50 a.m. 1:00 p.m. Lunch ON

OWN

Thurs 2:30 p.m. 3:00 p.m. PM Break Flow 500-600 Set in Exhibit Area

Fri 24-hour hold

5:00 p.m. Storage

Fri 6:30 a.m. 5:00 p.m. Registration Existing Fri 7:30 a.m. 5:00 p.m.

(24-hour hold)

Coffee Service

In rear of

GS

500-600

Fri 7:30 a.m. 5:00 p.m.

(24-hour hold)

Conference Existing

Fri 10:00 a.m. 10:30 a.m. AM Break Flow 500-600 Set in Exhibit Area

Fri 11:50 a.m. 1:00 p.m. Lunch ON

Fri 2:30 p.m. 3:00 p.m. PM Break Flow 500-600 Set in Exhibit Area

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Type

Set Up Style

Expected Attendance

Notes

Fri 5:00 p.m. 7:00 p.m. Tear down

Table 77: 1-Day Conference Meeting Space Schedule

Type

Set Up Style Expected Attendance

Notes

Thurs 12:00 p.m. 24-hour hold

Set-up and Sound Checks

Classroom 500-600 24X12 Riser and Room for AV

Thurs 12:00 p.m. 24-hour hold

Exhibitor and Registration Set Up

6’ Tables 23 (20) 6’ Exhibitor Tables

(3) 6’ Registration Tables and space for food breaks

Hard Wired Internet Line

Thurs 12 24-hour hold

Storage Small storeroom that is lockable

Fri 24-hour hold

5:00 p.m. Storage

Fri 6:30 a.m. 5:00 p.m. Registration Existing

Fri 7:30 a.m. 5:00 p.m. Coffee Service In rear of General Session

500-600

Fri 7:30 a.m. 5:00 p.m.

(24-hour hold)

Conference Existing

Fri 10:00 a.m. 10:30 a.m.

AM Break Flow 500-

Set in Exhibit Area

Fri 11:50 a.m. 1:00 p.m. Lunch ON

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Type

Set Up Style Expected Attendance

Notes

Fri 2:30 p.m. 3:00 p.m. PM Break Flow 500-600 Set in Exhibit Area

Fri 5:00 p.m. 7:00 p.m. Tear Down

2.2.4 Conference Event Space Requirements

The Successful Respondent must provide event space that meets or exceeds the following minimum requirements:

a. Physical Room Attributes

1. Unobstructed View: The general session room must be free of columns or other obstructions that would block the audience's view of the stage.

2. Flooring: All meeting room and registration spaces must be carpeted.

3. Accessibility: All event spaces must be compliant with the Americans with Disabilities Act (ADA).

b. Furnishings and Equipment

1. Stage/Riser: A twenty-four (24) foot by twelve (12) foot stage or rise, compliant with ADA standards, must be provided in the general session room.

2. Podium: A standing podium must be provided in each meeting room.

3. Tables: All tables provided (e.g., for registration, exhibitors) must be draped with linen.

c. Technical Requirements

1. Wired Internet: A dedicated, wired internet connection with a minimum speed of twenty (20) Mbps (download and upload) must be

RFP No. 3202700027 ver. 1 Page 16 of 56 provided at the audio-visual technical table. If a wired internet connection is not available, Successful Respondent must provide TWC with a dedicated wireless connection that can sustain minimum speed of twenty (20) Mbps download/upload speed at full capacity.

2. Wireless Internet: A reliable wireless internet network must be available for all conference attendees in the general session and registration areas. The network must be capable of supporting the projected number of concurrent users.

2.2.5 Parking

The Successful Respondent must have adequate self-parking capacity on the premises or adjacent to the venue, (e.g., parking garage) to accommodate all conference attendees and TWC staff.

2.2.6 Food and Beverage

The Successful Respondent must have the capacity to provide food and beverage services outlined below.

a. Requirements for 1-Day Conferences (San Antonio, Horseshoe

Bay, Arlington areas). For the main conference day (Friday), the following services are required:

1. All-Day Beverage Service: Continuous service from 7:30 a.m. to

5:00 p.m. to include regular coffee, decaffeinated coffee, hot tea, iced tea, and soft drinks.

2. Morning Break: A mid-morning break service, which may include items such as pastries, fruit, or other "Chef's Choice" light refreshments.

3. Afternoon Break: A mid-afternoon break service, which may include items such as cookies, brownies, or other "Chef's Choice" light refreshments.

RFP No. 3202700027 ver. 1 Page 17 of 56

b. Requirements for 2-Day Conference (Houston area). For both main conference days (Thursday and Friday), the following services are required each day:

1. All-Day Beverage Service: Continuous service from 7:30 a.m. to 5:00 p.m. to include regular coffee, decaffeinated coffee, hot tea, iced tea, and soft drinks.

2. Morning Break: A mid-morning break service, which may include items such as pastries, fruit, or other "Chef's Choice" light refreshments.

3. Afternoon Break: A mid-afternoon break service, which may include items such as cookies, brownies, or other "Chef's Choice" light refreshments.

2.2.7 Audio-Visual

a. Audio-Visual Vendor Policies

1. TWC reserves the right to bring in an outside vendor for Audio-Visual

(A/V) services. Any respondent not able to work with an outside A/V company may be disqualified and not considered for an award.

2. The Successful Respondent must have the capability to provide all A/V services and equipment listed in this section.

b. Wired Internet

1. The Respondent must provide a wired internet connection at the registration desk. This connection must not have a log-in splash screen, as it will be hooked up directly to a TWC-provided router.

2. The Respondent must provide a dedicated wired internet connection for A/V production services with a minimum guaranteed speed of twenty (20) megabits per second (Mbps) for both download and upload.

c. A/V Equipment Needs

1. The following list represents the core A/V requirements for all conference events:

RFP No. 3202700027 ver. 1 Page 18 of 56

i. Two (2) Screens of a size appropriate for the room dimensions and audience

ii. Two (2) HD Projectors

iii. One (1) HD Video Switcher

iv. One (1) Professional HD Camera

v. Pipe and drape for the area behind the stage

vi. One (1) Video operator/camera platform, draped in black

vii. Video playback manager

viii. One (1) sixty inch (60”) Confidence Monitor with the ability to show presenter notes view

ix. One (1) Long-range presentation remote with laser pointer

x. One (1) Speaker timer package

xi. One (1) Black Magic or similar streaming encoder

xii. One (1) Audio Mixer

xiii. One (1) Podium Microphone

xiv. One (1) Lavaliere (Lav) Microphone

xv. Two (2) Wireless handheld microphones on stands for audience

Q&A

xvi. One (1) DI Box ("Crab") for laptop audio

xvii. Sufficient speakers to connect to and supplement the in-house sound system

xviii. Sufficient number of on-site technicians to set up, operate, and strike all equipment

2. In addition to the core equipment listed above, the 1-Day Conferences

(San Antionio, Horseshoe Bay, Arlington areas) require the following:

i. One (1) additional laptop, for a total of two (2)

ii. One (1) Web presenter streaming device

iii. A ground-supported stage wash lighting package

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2.2.8 Concessions

a. TWC encourages the Respondent to propose complimentary options, upgrades, and discounts offered on conference services listed in Section

2.2 Description of Services/Scope of Work/Specifications, including meeting space, guestrooms, food and beverage services, A/V services/equipment, and parking.

b. Concessions may include, but is not limited to the following:

1. Complimentary parking for TWC staff hosting the Conference and discounted parking for Conference attendees;

2. Five (5) complimentary guestrooms for one (1) night for TWC planning staff during a pre-event site visit;

3. Discounted food and beverage pricing;

4. Discounted electrical/internet pricing;

5. Cumulative complimentary room ratio of 1:40 on the TWC staff block;

and

6. Waived outside A/V vendor fee(s).

ARTICLE III SOLICITATION PROCESS

3.1 AUTHORITY

TWC is soliciting the goods and/or services stated in this Solicitation under the authority of Texas Government Code §§ 2155.062, 2156.001 and

2156.121.

All official communication (including, but not limited to, Schedule of Event changes, Addenda, and Questions and Answer documents) will be posted

RFP No. 3202700027 ver. 1 Page 20 of 56 to the Electronic State Business Daily (ESBD) and TWC Procurement

Portal. TWC has no responsibility to communicate personally with each potential Respondent for this procurement. Each interested party is solely responsible for checking the ESBD and TWC Procurement Portal for official

TWC communication regarding this procurement.

3.2 SCHEDULE OF EVENTS

The dates in this Schedule of Events are tentative, and TWC reserves the right to modify these dates at any time. At the sole discretion of TWC, events listed in the Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellations made prior to the

Deadline for Submission of Responses will be published as an Addendum posted to the ESBD and TWC Procurement Portal.

Table 8: Schedule of Events

Event Date and Time

Solicitation Posted to ESBD and the TWC Procurement Portal

August 21, 2026

Pre-Solicitation Conference

Attendance is optional

August 31, 2026 at 2:00 P.M.

Central Time

Deadline for Submitting Questions or Requests for Clarification

September 02, 2026 at 5:00 P.M.

Central Time

Deadline for Submission of

Response

NOTE: Responses must be

RECEIVED by TWC by the deadline.

October 07, 2026 at 10:00 A.M.

Central Time

RFP No. 3202700027 ver. 1 Page 21 of 56

Event Date and Time

Expected Contract Award DECEMBER 2026

Respondent must submit its Response to TWC in accordance with the due date and time as indicated in this Table 8: Schedule of Events or as changed via an Addendum posted to the ESBD and TWC Procurement

Portal.

3.3 CONTRACT DOCUMENTS

The Contract(s) resulting from this solicitation may consist of the provisions in this solicitation (including its attachments, forms, exhibits, and any Addenda); the Successful Respondent’s Response, any TWC

Request for Revised Response, the Successful Respondent’s Response to the Request for Revised Response, and TWC’s Purchase Order (PO). No prior agreement or understanding, oral or otherwise, of the parties or their agents will be valid or enforceable unless embodied in these documents. Any contract resulting from this solicitation will include an order of precedence for the Contract documents.

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

Addenda), the Successful Respondent’s Response, the Request for Revised

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

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

Discussions may be had concerning possible revisions to the draft Contract to clarify points, further define Contract text, or to correct minor technicalities. These discussions are to be finalized and all requests for

RFP No. 3202700027 ver. 1 Page 22 of 56 revisions resolved within ten (10) Business Days after the Successful

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

3.4 ATTACHMENTS AND FORMS

Table 9: Attachments and Forms

Attachment/Form Title

Attachment 1 TWC Hotel Terms and Conditions

Attachment 2 Insurance Requirements

Form 1 Execution of Response

Form 2 Cost Response

Form 3 References

Form 4 Financial Questionnaire

Form 5 TWC Direct Deposit Form

3.5 SOLE POINT OF CONTACT

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

Taylor McCoy, CTCD/CTCM

Procurement Lead

VendorProposals@twc.texas.gov

TWC Procurement Portal mailto:VendorProposals@twc.texas.gov

RFP No. 3202700027 ver. 1 Page 23 of 56

3.5.1 Prohibited Communication

Except as provided in Section 3.5 Sole Point of Contact, all communication with TWC regarding this Solicitation is prohibited. Unless allowable, TWC, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential

Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through TWC designated staff as provided by Section 3.5 Sole Point of Contact.

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

3.6 PRE-SOLICITATION CONFERENCE

TWC will conduct a Pre-Solicitation Conference. A prospective Respondent should plan to attend the Pre-Solicitation Conference. See Table 8:

Schedule of Events for the date and time. The Pre-Solicitation Conference will include an overview of the Solicitation.

3.6.1 Attendance

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

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

Logistical Information.

3.6.2 Logistical Information

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

Table 8: Schedule of Events.

RFP No. 3202700027 ver. 1 Page 24 of 56

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

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

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

Pre-Solicitation Conference Registration Link:

https://zoom.us/webinar/register/WN_s6MHmqvuRpmSouk-qigQNw

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

3.6.3 Questions at the Pre-Solicitation Conference

Attendees may submit questions in writing at the conference. All questions must be in the required format and include the information as referenced in Section 3.7 Questions/Requests for Clarification.

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

Procurement Portal will be considered an official, binding update to the

Solicitation.

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

Unauthorized communications with TWC program area staff regarding this

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

https://zoom.us/webinar/register/WN_s6MHmqvuRpmSouk-qigQNw

RFP No. 3202700027 ver. 1 Page 25 of 56

3.7 QUESTIONS/REQUESTS FOR CLARIFICATION

TWC will allow written questions and requests for clarification regarding this Solicitation. Questions must be submitted through the TWC

Procurement Portal to the Sole Point of Contact listed in Section 3.5 Sole

Point of Contact by the deadline established in Table 8: Schedule of

Events using the Public Q&A feature in the TWC Procurement Portal.

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

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

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

TWC reserves the right to amend answers previously posted. Amended answers will be posted to the ESBD and TWC Procurement Portal. It is the

Respondent’s responsibility to check the ESBD and TWC Procurement

Portal. TWC also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

Questions or requests for clarification received after the deadline in Table

8: Schedule of Events may be reviewed by TWC but may not be answered. Only TWC's written answers posted on ESBD and TWC

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

3.8 ADDENDA

Should an addition or correction become necessary after the Solicitation is issued, an Addendum relating the necessary information will be posted to the ESBD and TWC Procurement Portal. Respondents are responsible for periodically checking the ESBD and TWC Procurement Portal for addenda or additional information. Respondents are required to acknowledge the Addenda by returning the signed Acknowledgment of Addenda

RFP No. 3202700027 ver. 1 Page 26 of 56 with the Response. Failure to do so does not absolve a Respondent from the requirements contained within any Addenda.

ARTICLE IV RESPONSE SUBMISSION

INSTRUCTIONS

4.1 DEADLINE

Responses must be received by PS as prescribed no later than the date and time specified in Table 8: Schedule of Events.

Responses received after the deadline specified in Table 8: Schedule of

Events will be rejected and will not be evaluated or considered for

Contract award. TWC is not responsible for Responses submitted or received late, illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

4.2 GENERAL INFORMATION

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

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

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

Respondents submitting proposals for multiple conference locations must submit a separate Response for each location. Each individual Response must be complete and address all requirements of this Solicitation.

4.3 RESPONSE FORMAT

The Response to this Solicitation must:

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a. Be responsive to all Solicitation requirements;

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

c. Be clearly legible; and

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

4.4 DISCREPANCIES

In the event of any discrepancies or variations between copies, TWC is under no obligation to resolve the inconsistencies and may make its scoring and selection decision, accordingly, including the decision to potentially disqualify a Response. If Respondent fails to designate an

“Original” Response as required by Section 4.5 Submission Method, TWC in its sole discretion, will determine the version to be used as the original or may disqualify the Response. If the Respondent submits a redacted

Response as the “Original,” TWC will disqualify the Response, and it will not be evaluated.

TWC will not accept submissions after the Response due date in Table 8:

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

4.5 SUBMISSION METHOD

TWC has implemented the eProcurement platform referred to as the TWC

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

Submissions by any other method will not be accepted.

To respond to this Solicitation, Respondents must register through the

TWC Procurement Portal website. There is no charge to register.

RFP No. 3202700027 ver. 1 Page 28 of 56

Step-by-step instructions to register are available at: Vendor Registration.

For step-by-step instructions through the submission process, visit:

Creating and Uploading a Submission.

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

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

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

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

Respondent is solely responsible for ensuring its Proposal is submitted in accordance with all Solicitation requirements and ensuring timely receipt by TWC. TWC is not responsible for electronic submissions that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any TWC anti-virus or other security software. To confirm receipt of all electronic submissions, Respondent should request a confirmation by e-mail.

Hard copies received will not be accepted or reviewed.

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

Deadline identified in Table 8: Schedule of Events.

https://procurement-help.eunasolutions.com/hc/en-us/articles/48578098573587-Vendor-Registration https://procurement-help.eunasolutions.com/hc/en-us/articles/48585321559955-Creating-and-Uploading-a-Submission

RFP No. 3202700027 ver. 1 Page 29 of 56

4.6 REQUIRED FORMS AND SUBMISSION DOCUMENTS

Table 10: Required Forms and Submission Documents

Document/Form Name RFP

Section

Narrative Proposal

(includes Executive Summary and Response to

Requirements)

Sections 4.7.1 and 4.7.2

Form 1 Execution of Response Section 4.8

Form 2 Cost Response Section 4.9

Form 3 References Section 4.10

Form 4 Financial Questionnaire Section 4.11

Form 5 TWC Direct Deposit Form (If applicable; required for all non-incumbent

Respondents)

4.7 NARRATIVE PROPOSAL

4.7.1 Executive Summary

Respondent must provide an Executive Summary of their Response that asserts the Respondent is providing, in its Response, all the requirements of this Solicitation, including Article II Scope of Work. The Executive

Summary must demonstrate Respondent’s understanding of TWC goals and objectives for this Solicitation. Do not include cost information in the executive summary; cost information shall only be provided in

Form 2 Cost Response.

If the Respondent is providing goods and/or services beyond those specifically requested, those goods and/or services must be identified. If the Respondent is offering goods and/or services that do not meet the specific requirements of this Solicitation, but in the opinion of the

Respondent are equivalent or superior to those specifically requested, any

RFP No. 3202700027 ver. 1 Page 30 of 56 such differences must be noted in the Executive Summary. The

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

The Executive Summary must not exceed four (4) pages and should represent a full and concise summary of the contents of the Response.

4.7.2 Response to Requirements

a. Respondent must describe the proposed processes and methodologies for providing all components described in Article II

Scope of Work.

b. Respondent must affirm and document how its Proposal meets the requirements as stated in Article II Scope of Work and affirm that it will continue to comply with these requirements during the term of the Contract issued as a result of this Solicitation, if any.

c. Respondent must submit detailed, to-scale diagrams of all proposed event spaces, including room dimensions and ceiling heights, and include a potential layout diagram.

d. If proposing linen less tables, the Respondent must include photos of the proposed tables.

e. If the Respondent is offering concessions (as referenced in Section

2.2.8), they must provide a detailed list of all proposed complimentary items, upgrades, or value-adds in this section. This list must describe the nature of the concessions (e.g., “complimentary parking”, or “1:40 room comp ratio”) and must not include base pricing or proposed contract pricing.

4.8 EXECUTION OF RESPONSE

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

Response. By signing, Respondent agrees to provide the goods and/or services described in this Solicitation and agrees to abide by all TWC

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Terms and Conditions as specified in this Solicitation and in resulting

Contract. A Response without the required signatures is not responsive to the Solicitation and will be disqualified.

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

4.9 COST RESPONSE

The Respondent shall include one file named “Cost Response” that contains the Respondent’s Cost Response in the format included in Form

2 Cost Response.

Cost information must be included as a separate document and presented only in the format set forth in Form 2 Cost Response. No cost information should appear in any other part of the Response.

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

Contract.

The Cost Response provided is for the goods and/or services as specified in this Solicitation and shall include all labor, materials, administrative fees, service charges, and resort fees, including but not limited to, associated costs, and incidental costs necessary to provide the goods and/or services according to the minimum specifications, requirements, provisions, and Terms and Conditions set forth in this Solicitation.

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4.10 REFERENCES

Respondent must provide a minimum of three (3) references in the format set forth in Form 3 References and should also provide any canceled contract reference as applicable. These references must relate to similar contracts or projects performed as described in Section 2.2 Description of

Services/Scope of Work/Specifications within the last five (5) years, and it is preferable they be from state, federal, and/or local governmental entities.

4.10.1 Similar Contracts

Each Respondent shall provide descriptions for three (3) engagements of comparable complexity and sensitivity to the requirements of this

Solicitation that have been conducted within the past five (5) years. The description of comparable engagements shall be detailed and cover the contracts the Respondent and any Subcontractors have had and all experience similar to this Contract that qualifies the Respondent to meet the requirements of this Contract, including, but not limited to:

a. Size of contract (including value);

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

c. Types of services directly provided by the Respondent and whether the Respondent was the contractor or Subcontractor;

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

e. Any problems encountered.

4.10.2 Contract Performance

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

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

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

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

d. The Respondent has been involved in any civil or criminal litigation and/or entered into any compromise agreement, settlement agreement, or resulting consent decree or judgements, if applicable, related to contract performance, the goods and/or services sought by this Solicitation, or that a reasonable person knowledgeable of the applicable industry would consider relevant to the work under the Contract. Respondents are not required to violate any confidentiality provision but must provide information not prohibited from disclosure.

4.11 FINANCIAL SOUNDNESS

The Respondent must complete Form 4 Financial Questionnaire unless it is a governmental entity. Failure to include any of the items listed for the appropriate company type may result in disqualification of the

Respondent’s Response. If TWC learns of a failure to disclose after a

Contract has been awarded to the Successful Respondent, the Contract may be terminated. In the event of such termination, the Successful

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Respondent shall be liable for all costs associated with the re-procurement, including any increased costs for the services originally awarded.

4.11.1 Change in Financial Condition – Duty to Notify

The Response must include a certification that the Respondent will notify

TWC of a change in financial condition during the Contract term and any renewal thereof. If a Respondent experiences a substantial change in its financial condition prior to the award of the Contract, or if the Successful

Respondent experiences a substantial change in its financial condition during the term of the Contract or any extension thereof, TWC must be notified of the change in writing at the time the change occurs or is identified. Failure to notify TWC of such substantial change in financial condition will be sufficient grounds for rejecting the Response or terminating the Contract. For the purposes of this section, examples of a substantial change in financial condition are events such as insolvency, bankruptcy or receivership.

4.11.2 Corporate Guarantee

If the Respondent is substantially owned or controlled, in whole or in part, by one or more other legal entities, the Respondent must submit the information required under Section 4.11 Financial Soundness above for each such entity, including the most recent financial statement for each such entity. The Respondent must also include a statement from the entity or entities with substantial ownership or control that the entity/ies will unconditionally guarantee performance by the Respondent of each and every obligation, warranty, covenant, term, and condition of any Contract resulting from this Solicitation. If TWC determines that an entity does not have sufficient financial resources to guarantee the Respondent’s performance, TWC may require the Respondent to obtain another acceptable financial instrument or resource from such entity, or to obtain

RFP No. 3202700027 ver. 1 Page 35 of 56 an acceptable guarantee from another entity with sufficient financial resources to guarantee Respondent’s performance.

TWC reserves the right to request that such entity unconditionally guarantee performance by the Respondent in each and every obligation, warranty, term, covenant, and condition of any Contract resulting from this Solicitation.

4.12 EXCEPTIONS

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

Response, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 3.7 Questions/Requests for Clarification.

Any exception included in a Response may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its

Response, Respondent is required to use Form 1 Execution of

Response and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Form 1 Execution of Response may be rejected without consideration.

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

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

Contract in writing by TWC.

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

Hotel Terms and Conditions may make the Response unacceptable for

RFP No. 3202700027 ver. 1 Page 36 of 56 award without discussion. If a Respondent proposes exceptions to

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

4.13 OFFERED OPTIONS

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

Solicitation. Respondents are encouraged to describe any Offered Options.

Offered Options are not required and are not considered during evaluation of Responses. TWC will not award additional options if not included in the

Response.

4.14 BINDING OFFER

A Response should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated. Furthermore, all Responses constitute binding offers. Any Response that includes any type of disclaimer or other statement indicating that the Response, or any portion of the Response, does not constitute a binding offer may be disqualified, as determined by

TWC in its sole discretion.

If a Respondent’s ability to enter into a Contract is contingent upon any exception or assumption provided in accordance with Section 4.12

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

4.15 FRANCHISE TAX – RIGHT TO TRANSACT BUSINESS IN TEXAS

If applicable, the Texas franchise tax is imposed on each taxable entity formed or organized in Texas or doing business in Texas.

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Respondent must be set up in the Texas franchise tax system prior to

Contract award if applicable. Texas franchise tax information can be accessed at https://comptroller.texas.gov/taxes/franchise/.

4.16 DISCLOSURE OF INTERESTED PARTIES

If TWC determines that Texas Government Code § 2252.908 may apply to a Contract award, TWC will instruct the Respondent to disclose interested parties to the Texas Ethics Commission (TEC) and TWC. A Respondent subject to this requirement must:

a. Complete TEC Form 1295, Certificate of Interested Parties at https://www.ethics.state.tx.us/filinginfo/1295/;

b. Submit the form online to TEC,

c. Print the completed form that includes the Certificate Number automatically assigned by TEC, and

d. Submit the form, signed by its authorized agency, by email to TWC.

If a Respondent does not timely submit a completed and signed

TEC Form 1295 to TWC, TWC is prohibited by law from executing a contract, even if the potential awardee is otherwise eligible for award. TWC may award the contract to another Respondent. TWC may seek appropriate damages for Respondent’s failure to comply with this requirement.

4.17 AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the person designated in Section 3.5 Sole Point of

Contact of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or error in the Solicitation in the manner set forth in Section 3.7

Questions/Requests for Clarification and by the deadline described in

Table 8: Schedule of Events.

https://comptroller.texas.gov/taxes/franchise/ https://www.ethics.state.tx.us/filinginfo/1295/

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If Respondent fails to properly and timely notify the Sole Point of Contact of any ambiguity, conflict, discrepancy, exclusionary specification,…