ESBD_563015_1790361544525_3202600207 Vocational Rehabilitation Impartial Hearing Officers.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 Qualifications (RFQ)

For

Vocational Rehabilitation Impartial Hearing

Officers

Solicitation No. 3202600207

Date of Release: September 25, 2026

Responses Due: October 27, 2026 by 10:00 a.m. Central Time

918-74 Legal Consulting

961-05 Arbitration, Mediation, and Alternative Dispute Resolution Services

961-49 Legal Services, Attorneys

Sole Point of Contact for this RFQ:

Taylor McCoy, CTCD/CTCM

Procurement Lead

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

RFQ No. 3202600207 ver. 1 Page 2 of 53

TABLE OF CONTENTS

Article I Purpose

Article II Scope of Work

2.1 Overview/Background

2.2 Description of Services

2.3 Deliverables

2.4 Deliverables Acceptance Criteria

Article III Solicitation Process

3.1 Authority

3.2 Schedule of Events

3.3 Contract Documents

3.4 Attachments and Forms

3.5 Sole Point of Contact

3.6 Pre-Solicitation Conference

3.7 Questions/Requests for Clarification

3.8 Addenda

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 Response

4.8 Execution of Response

4.9 References

4.10 Acceptance of Fixed-Fee Schedule

4.11 Financial Soundness

4.12 Exceptions

4.13 Binding Offer

4.14 Franchise Tax – Right to Transact Business in Texas

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4.15 Ambiguity, Conflict, or Discrepancy

4.16 Response Irrevocability

4.17 TWC Requests for Clarification to Respondents

4.18 Cost of Submission and Additional Evaluation Activities

4.19 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 Final Written Response Score

5.9 Summary of Best Value Determination

5.10 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 Service Level Agreements

6.11 Changes in Ownership

6.12 Severability

6.13 Data Use Standards and Requirements

6.14 Historical Compensation

RFQ No. 3202600207 ver. 1 Page 4 of 53

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, Interviews, 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 RFQ Section 5.7 Discussions and Revised

Responses.

RFQ No. 3202600207 ver. 1 Page 5 of 53

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.

Business

Enterprises of

Texas (BET)

A program administered by TWC that provides management and entrepreneurship opportunities for

Texans who are blind or visually impaired.

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(s), 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.

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

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CTCM Certified Texas Contract Manager.

Customer An applicant or an individual with a disability who is receiving vocational rehabilitation services.

DUA Attachment 3 – Data Use Agreement

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.

Impartial Hearing

Officer (IHO)

An individual selected to preside over formal hearings and mediations for Vocational Rehabilitation

(VR) customer appeals and Business Enterprises of

Texas (BET) grievances.

Local Time Central Standard Time (CST) or Central Daylight

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

NIGP National Institute of Governmental Purchasing

PO Purchase Order.

http://www.txsmartbuy.gov/esbd

RFQ No. 3202600207 ver. 1 Page 7 of 53

POCN Purchase Order Change Notice.

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

Operations, a division of TWC.

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

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

Response A Respondent’s response to this Solicitation.

RFQ Request for Qualifications. A formal solicitation document issued by TWC to the vendor community requesting a response for qualifications. (This document.)

Solicitation This RFQ, including all exhibits, attachments, forms, and Addenda, if any.

SPI Sensitive Personal Information, as such term is defined in Tex. Bus. & Com. Code § 521.002(2).

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

Successful

Respondent

A Respondent with whom TWC executes a Contract to provide the services that this Solicitation requires.

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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.

Vocational

Rehabilitation (VR)

Program

A program administered by TWC that provides individualized services to Texans with physical or mental disabilities to assist them in preparing for, obtaining, retaining, or advancing in competitive, integrated employment.

Vocational

Rehabilitation

Services Manual

(VRSM)

The official operational policy and procedure manual used by TWC staff to administer and deliver

Vocational Rehabilitation services. It establishes the rules, guidelines, and service parameters that govern the VR program and serves as a regulatory reference for Impartial Hearing Officers when adjudicating customer appeals. The VRSM is available at:

https://www.twc.texas.gov/programs/vocational-rehabilitation/vrsm https://www.twc.texas.gov/programs/vocational-rehabilitation/vrsm https://www.twc.texas.gov/programs/vocational-rehabilitation/vrsm

RFQ No. 3202600207 ver. 1 Page 9 of 53

Vocational

Rehabilitation

Standards for

Providers Manual

(VR-SFP)

The official governing document issued by TWC establishes the mandatory service descriptions, performance goals, staff qualifications, and billing requirements for contracted providers delivering vocational rehabilitation services. The VR-SFP is available at:

https://www.twc.texas.gov/programs/vocational-rehabilitation/sfp

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.

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.

https://www.twc.texas.gov/programs/vocational-rehabilitation/sfp https://www.twc.texas.gov/programs/vocational-rehabilitation/sfp https://www.txsmartbuy.gov/vpts http://www.twc.texas.gov/

RFQ No. 3202600207 ver. 1 Page 10 of 53

TWC is seeking qualified individuals to provide Impartial Hearing Officer

(IHO) services, as outlined in Title 40 of the Texas Administrative Code

(TAC), Chapter 850, Subchapter E and Chapter 854, Subchapter E.

ARTICLE II SCOPE OF WORK

2.1 OVERVIEW/BACKGROUND

IHOs preside over formal hearings and mediations for Vocational

Rehabilitation (VR) customer appeals and Business Enterprises of Texas

(BET) grievances, ensuring that all parties receive the fair and neutral due process required by law. These services will be used on an as-needed basis. Subcontracting is not permitted for IHO services.

To comply with the impartial hearing requirements of the Randolph-

Sheppard Act (20 U.S.C. § 107 et seq.), and the random selection mandates set forth in federal and state regulations (34 C.F.R. § 361.57(f), 40 TAC § 850.66, and 40 TAC § 854.82), TWC must assign cases to IHOs using a random selection process.

To ensure this process remains fair, transparent, and unbiased by cost variations, TWC uses a pre-established fixed-fee schedule for these services, as detailed in Section 2.2.3 Fixed-Fee Schedule and

Compensation.

2.2 DESCRIPTION OF SERVICES

a. The Successful Respondent(s) shall provide IHO services on a statewide, as-needed basis.

b. IHO services will be initiated when customer appeals/grievances are referred to the IHO by the TWC Hearings Coordinator.

c. The IHO must conduct administrative hearings in a fair, impartial, and ethical manner in accordance with the TWC Vocational https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=850&interface=VIEW_TAC&part=20&subchapter=E&title=40 https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=850&interface=VIEW_TAC&part=20&subchapter=E&title=40 https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=854&interface=VIEW_TAC&part=20&subchapter=E&title=40

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Rehabilitation Services Appeals and Hearing Procedures set forth in

40 TAC Chapter 850, Subchapter E; the BET procedures set forth in

40 TAC § 854.82; the TWC Vocational Rehabilitation Services

Manual (VRSM); and all applicable federal rules and regulations.

2.2.1 Scope of Services

IHO services include, but are not limited to:

a. Reviewing customer appeals;

b. Issuing orders as necessary;

c. Conducting pre-hearing conferences and mediations;

d. Holding administrative hearings within the required timeframes and in accordance with applicable laws, federal regulations, and TAC rules;

e. Handling all pre-hearing and post-hearing litigation matters;

f. Developing the record of the hearing;

g. Evaluating hearing testimony, reviewing documentary evidence, and reviewing hearing transcripts;

h. Rendering decisions (for VR appeals) or recommendations (for BET grievances) based on applicable laws, regulations, rules, and policies, which must include written findings of fact and conclusions of law;

i. Forwarding the IHO’s decision or recommendation, including findings of fact and conclusions of law, to the Hearings Coordinator no later than five (5) calendar days prior to the date on which the decision is due;

j. Taking other necessary actions as required or authorized by law, regulations, or policy;

k. Issuing a final decision or recommendation within the timeframe required by law;

RFQ No. 3202600207 ver. 1 Page 12 of 53

l. Traveling throughout the state of Texas on a limited, as-needed basis to conduct hearings; and

m. Attending scheduled trainings and other meetings required by TWC.

2.2.2 Knowledge, Skills, and Abilities

The Successful Respondent must:

a. Not be an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education);

b. Not be a member of the Rehabilitation Council of Texas;

c. Demonstrate the capacity to acquire knowledge of, and legally apply, the rules surrounding the delivery of VR and BET services, including the VRSM, the Unified or Combined State Plan, the

Randolph-Sheppard Act, and all applicable federal and state regulations, in order to accurately adjudicate customer appeals and grievances;

d. Have no personal, professional, or financial interests that would conflict with the individual’s objectivity or compromise their impartiality in an assigned hearing, and acknowledge an ongoing, affirmative duty to immediately disclose any actual or perceived conflicts of interest to TWC;

e. Have a working knowledge of, or the ability to quickly assimilate and apply, the Texas Administrative Procedure Act (Texas Government

Code, Chapter 2001) as it relates to administrative hearings and discovery; and

f. Possess a proven professional background (which may include, but is not limited to, dispute resolution, mediation, complex administrative roles, or practicing law) that illustrates the ability to effectively manage, analyze, and preside over formal administrative

RFQ No. 3202600207 ver. 1 Page 13 of 53 proceedings, even if the Respondent lacks prior direct experience as a hearing officer.

2.2.3 Fixed-Fee Schedule and Compensation

By submitting a Response to this RFQ, the Successful Respondent agrees to accept the following TWC-mandated fixed rates and terms for all assignments. TWC makes no guarantee of a minimum number of assignments. Furthermore, TWC reserves the right to suspend or remove an IHO from the random assignment rotation for failure to meet statutory deadlines, non-compliance with rules and regulations, or breach of contract.

a. Hourly Rate: The hourly rate for IHO services is one hundred and twenty-five dollars ($125.00).

b. Travel Time: For travel directly related to the provision of IHO services, the Successful Respondent hourly rate is fifty dollars

($50.00), applicable only if the IHO is required to travel more than fifty (50) miles round trip from the IHO’s home address. IHOs will not be paid for travel time for destinations that are less than fifty

(50) miles round trip.

c. Travel Expenses: For reasonable and necessary travel directly related to the provision of IHO services, reimbursement for travel expenses is restricted to travel to and from the IHO’s home address, the prehearing conference, and the administrative hearing.

Reimbursements shall not exceed the official State of Texas travel reimbursement rates for lodging and mileage (listed on the CPA website). Lodging is not reimbursable if the travel one way is less than eighty (80) miles. Airline fares are paid at discount rates whenever possible. All requests for travel reimbursement must be submitted to TWC within thirty (30) days following the completion of the travel. To comply with State of Texas fiscal year closeout

RFQ No. 3202600207 ver. 1 Page 14 of 53 requirements, any travel occurring in the month of August must be submitted no later than September 5th.

d. Incidental Expenses: The IHO will be reimbursed for reasonable and necessary incidental expenses of the hearing process, such as copies, postage, mailing expenses, compact disks, digital recorder batteries, and other minor services and supplies that are necessary for a specific hearing.

e. IHO Training: IHOs will be paid two hundred dollars ($200.00) per day to attend TWC-required training or meetings. Reimbursement of travel expenses for training will be paid as outlined in subsection (c) above. Travel time will not be reimbursed for attending mandatory training.

2.2.4 Vocational Rehabilitation Standards for Providers Manual (VR-SFP)

The TWC VR-SFP Manual is primarily designed for vendors providing direct therapeutic, medical, and employment services to VR customers. Because the IHO serves in a distinct quasi-judicial and administrative capacity, the vast majority of the VR-SFP does not apply. IHOs are expressly exempt from all clinical or VR-specific provider credentials (such as UNTWISE certifications), staff-to-customer ratios, and physical facility requirements

(such as fire marshal inspections) mentioned in the VR-SFP.

However, to ensure the protection of customer data, proper invoicing, and program integrity, the IHO must comply with the following universally applicable administrative sections of the VR-SFP:

• Chapter 2: 2.6 Provider Orientation (as it relates to required TWC

IHO training)

• Chapter 3: 3.1.2 Contract Adherence and 3.1.3 Contract

Noncompliance

• Chapter 3: 3.2.3 Professionalism

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• Chapter 3: 3.2.4 Conflict of Interest

• Chapter 3: 3.2.7 Confidentiality

• Chapter 3: 3.2.8 Fraud, Abuse, Misconduct, and Waste

• Chapter 3: 3.2.10 Allegations or Incidents of Abuse, Neglect, or

Exploitation

• Chapter 3: 3.2.11 Incident Reporting (strictly as it pertains to reporting breaches of confidentiality or data loss)

• Chapter 3: 3.2.12.3 Purchasing Goods and Services (strictly regarding timely submission of invoices)

• Chapter 3: 3.2.13 Services, Goods, and/or Equipment and Premium

Fees (strictly regarding accepting TWC rates as payment in full)

• Chapter 3: 3.2.14 Documentation and 3.2.17 Record Storage and

Retention (strictly as they pertain to the secure handling and encryption of hearing records, PII, and medical data)

Notice of upcoming revisions to the VR-SFP Manual is published on the VR

Providers’ Resources Page at least thirty (30) days in advance of the effective date of the revisions. Each IHO is contractually responsible for maintaining compliance with the most recent VR-SFP Manual.

2.3 DELIVERABLES

The Successful Respondent will be required to provide the following deliverables. These deliverables, as accepted by TWC, will form the basis for all billable services.

RFQ No. 3202600207 ver. 1 Page 16 of 53

Table 2: Deliverables

Deliverable Description Frequency /

Due Date

Written Decision or

Recommendation

A formal, written rendering of the decision (for VR appeals) or recommendation (for BET grievances).

Submitted to the

Hearings

Coordinator no later than five (5) calendar days prior to the statutory deadline.

Orders and Legal

Documents

All necessary pre-hearing and post-hearing orders and legal correspondence.

Issued promptly upon review to prevent delays in the proceedings.

Itemized Billings An itemized invoice for each assigned case, documenting hours worked, allowable travel, and incidentals.

Hourly Billings must be submitted no later than 60 days after any service is rendered.

NOTE: Travel expenses must be billed within thirty

(30) days after any service is rendered.

RFQ No. 3202600207 ver. 1 Page 17 of 53

Deliverable Description Frequency /

Due Date

Training

Attendance

Confirmed attendance at mandatory trainings and other meetings required by TWC.

As scheduled by

TWC.

2.4 DELIVERABLES ACCEPTANCE CRITERIA

TWC will only approve invoices for services that are directly tied to an accepted deliverable. To be accepted, each deliverable must meet the criteria outlined below:

Deliverable #1: Written Decision or Recommendation. To be accepted, the written decision (for VR appeals) or recommendation (for

BET grievances) must:

a. Be submitted to the TWC Hearings Coordinator within the strict federal and state timelines defined in Section 6.10 Service Level

Agreements;

b. Include written findings of fact and conclusions of law;

c. Be based on the evidence presented and be consistent with applicable laws, regulations, rules, and policies; and

d. Be clearly written, well-reasoned, and free of material errors.

Deliverable #2: Orders and Legal Documents. To be accepted, orders and legal documents must:

a. Be issued in a timely manner to avoid unnecessary delays in the proceedings;

b. Be clearly written, concise, and adhere to all applicable procedural rules and legal requirements; and

c. Be routed exclusively through the TWC Hearings Coordinator.

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Deliverable #3: Itemized Billings. To be accepted, Itemized Billings must:

a. Be submitted on Attachment - 2 Billing Statement, or an alternative form pre-approved in writing by TWC;

b. Accurately reflect the fixed-fee schedule outlined in Section 2.2.3.

No other rates or fees are billable;

c. Include all required supporting documentation, such as valid receipts for incidentals, travel logs, and mapping mileage for any approved travel;

d. Adhere strictly to standard billing deadlines:

1. Hourly Services & Incidentals: Submitted no later than sixty

(60) days after the service was rendered.

2. Travel Expenses: Submitted no later than thirty (30) days after the completion of the travel.

e. Adhere strictly to State Fiscal Year closeout deadlines (August 31st cutoff):

1. All travel occurring in August must be billed no later than

September 5th.

2. All services provided through August 31st must be billed no later than September 15th.

Deliverable #4: Training Attendance. To be accepted, training attendance must be:

a. Confirmed via a signed attendance roster for in-person training;

and/or

b. Verified through digital confirmation by the TWC Hearings

Coordinator for virtual training or meetings.

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ARTICLE III SOLICITATION PROCESS

3.1 AUTHORITY

TWC is soliciting the services stated in this Solicitation under the authority of Texas Government Code §§ 2155.131 and 2155.074, and Texas Labor

Code Chapter 352.

All official communication (including, but not limited to, Schedule of Event changes, Addenda, and Questions and Answer documents) will be posted to the Electronic State Business Daily (ESBD) and the TWC Procurement

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

Table 3: Schedule of Events

Event Date and Time

Solicitation Posted to ESBD September 25, 2026

Pre-Solicitation Conference

Attendance is optional

October 05, 2026 at 2:00 P.M.

Central Time

RFQ No. 3202600207 ver. 1 Page 20 of 53

Event Date and Time

Deadline for Submitting Questions or Requests for Clarification

October 07, 2026 at 5:00 P.M.

Central Time

Deadline for Submission of

Response

NOTE: Responses must be

RECEIVED by TWC by the deadline.

October 27, 2026 at 10:00 A.M.

Central Time

Anticipated Contract Award December 2026

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

Portal.

3.3 CONTRACT DOCUMENTS

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

Purchase Order (PO). No prior agreement or understanding, oral or otherwise, of the parties or their agents will be valid or enforceable unless embodied in these documents. The Contract(s) will include a provision regarding the order of priority for the Contract documents.

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

RFQ No. 3202600207 ver. 1 Page 21 of 53

Addenda) and the Successful Respondent’s Response. Prior to award, TWC will prepare the Contract for review by the Successful Respondent.

Discussions may be had concerning possible revisions to the draft Contract to clarify points, further define Contract text, or to correct minor technicalities. These discussions are to be finalized and all requests for revisions resolved within ten (10) Business Days after the Successful

Respondent receives the draft Contract for review or such additional time that may be agreed to by TWC. If discussions are not finalized within such time frame, the Response may be rejected, and TWC may cancel the award for that specific Respondent and proceed with contracting with the remaining qualified Respondents.

3.4 ATTACHMENTS AND FORMS

Table 4: Attachments and Forms

Attachment/Form Title

Attachment 1 TWC Terms and Conditions

Attachment 2 Billing Statement

Attachment 3 Data Use Agreement

Form 1 Execution of Response

Form 2 References

Form 3 Financial Questionnaire

Form 4 TWC Direct Deposit Form

Form 5 Security and Privacy Inquiry

3.5 SOLE POINT OF CONTACT

All requests, questions, or other communication about this Solicitation must be made in writing to PS, addressed to the person listed below (Sole

Point of Contact) with the Solicitation number in the subject line.

Taylor McCoy, CTCD/CTCM

RFQ No. 3202600207 ver. 1 Page 22 of 53

Procurement Lead

TWC Procurement Portal

3.5.1 Prohibited Communication

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

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

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

3.6 PRE-SOLICITATION CONFERENCE

TWC will conduct a Pre-Solicitation Conference. A prospective Respondent should plan to attend the Pre-Solicitation Conference. See Table 3:

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

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.

RFQ No. 3202600207 ver. 1 Page 23 of 53

3.6.2 Logistical Information

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

Table 3: Schedule of Events.

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

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

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

Pre-Solicitation Conference Registration Link:

https://zoom.us/webinar/register/WN_ZEM9WXvrRd-u5urTqGDAfw

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

RFQ No. 3202600207 ver. 1 Page 24 of 53 prohibited. Failure to comply with these restrictions may result in disqualification of Respondent's Response.

3.7 QUESTIONS/REQUESTS FOR CLARIFICATION

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

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

Point of Contact by the deadline established in Table 3: 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

3: Schedule of Events may be reviewed by TWC but may not be answered. Only TWC's written answers posted to the 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

RFQ No. 3202600207 ver. 1 Page 25 of 53 or additional information. Respondents are required to acknowledge the Addenda by returning the signed Acknowledgment of Addenda 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 3: Schedule of Events.

Responses received after the deadline specified in Table 3: 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.

4.3 RESPONSE FORMAT

The Response to this Solicitation must:

a. Be responsive to all Solicitation requirements;

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

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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 3:

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 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.

Step-by-step instructions are available at: Vendor Registration https://procurement-help.eunasolutions.com/hc/en-us/articles/48578098573587-Vendor-Registration

RFQ No. 3202600207 ver. 1 Page 27 of 53

For a quick tutorial through the registration and 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 upload and submit the Response to the TWC Procurement Portal by the specified date. Each

Respondent is solely responsible for ensuring its Response is submitted in accordance with all Solicitation requirements and ensuring timely receipt by TWC. In no event will TWC be responsible or liable for any delay or error in delivery. 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.

Response must be RECEIVED by TWC by the Response Deadline identified in Table 3: Schedule of Events.

4.6 REQUIRED FORMS AND SUBMISSION DOCUMENTS

Table 5: Required Forms and Submission Documents

Document Name

Narrative Response (Section 4.7 including Sections 4.7.1, 4.7.2, 4.7.3, and 4.7.4)

Form 1 Execution of Response (Section 4.8)

Form 2 References (Section 4.9) https://procurement-help.eunasolutions.com/hc/en-us/articles/48585321559955-Creating-and-Uploading-a-Submission

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Document Name

Form 3 Financial Questionnaire (Section 4.11)

Form 4 TWC Direct Deposit Form (if applicable; required for all non-incumbent Respondents)

Form 5 Security and Privacy Inquiry (must be completed upon notification of award and before a Contract can be executed)

4.7 NARRATIVE RESPONSE

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.

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 Respondent Qualifications and Experience Narrative

Respondent must provide a detailed narrative explaining why it is qualified to provide the services enumerated in Article II Scope of Work, focusing on key strengths and competitive advantages.

Respondent must describe their professional background and explain how it equips them to effectively manage, analyze, and preside over these formal administrative proceedings. This background may include, but is not limited to, experience in dispute resolution, mediation, practicing law, or managing complex administrative roles.

The Respondent Qualifications and Experience Narrative must not exceed four (4) pages and should directly address the Respondent’s ability to meet the Knowledge, Skills, and Abilities outlined in Section 2.2.2.

RFQ No. 3202600207 ver. 1 Page 29 of 53

Specifically, the narrative must provide concrete examples demonstrating the Respondent’s capacity to quickly acquire, interpret, and legally apply complex regulations (such as those governing the VR and BET programs) to accurately adjudicate disputes, even if the Respondent lacks prior direct experience as a hearing officer.

4.7.3 Respondent Profile

Respondent must provide a profile, including:

a. Ownership structure (e.g., sole proprietorship, LLC, or PLLC). If the Respondent is operating as a Sole Proprietor, explicitly state this;

b. The physical address of the Respondent’s primary office or home office from which services will be provided and from which any reimbursable travel will originate;

c. An indication of whether the Respondent has ever been in contract with any Texas state agency. If “Yes,” specify the agency name, contract term, and the scope of work for that contract;

d. Submit copy of resume, relevant licensure, and training for the individual(s) who will be assigned to provide services for any resulting contract, e.g., a current license to practice law in Texas, evidence of mediation or arbitration training. Resume and accompanying documentation must specifically identify knowledge and skills in the required areas of expertise; and

e. An affirmative disclosure of any current or former memberships, employment, consulting arrangements, or affiliations with the

Rehabilitation Council of Texas, Elected Committee of Managers

(ECM), disability advocacy groups, TWC, or any TWC Vocational

Rehabilitation vendors within the last five (5) years. If the

RFQ No. 3202600207 ver. 1 Page 30 of 53

Respondent has no such affiliations, they must explicitly state

"None."

4.7.4 Writing Samples

Respondent must provide two (2) writing samples that are each a minimum of three (3) pages, but not more than eight (8) pages in length.

Writing samples should demonstrate the Respondent’s ability to:

a. Analyze facts and identify key issues presented;

b. Apply relevant laws, regulations, and policies to the facts of the case; and

c. Draft clear and concise legal conclusions.

Examples of acceptable samples include, but are not limited to, redacted

Final Decisions, Orders, Legal Briefs, formal mediation summaries, or complex administrative/analytical reports.

Respondent must redact all personally identifiable information (PII) and confidential data regarding the parties involved in the samples provided to ensure compliance with privacy laws.

4.8 EXECUTION OF RESPONSE

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

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

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4.9 REFERENCES

Respondent must provide a minimum of three (3) references in the format set forth in Form 2 References and should also provide any canceled contract reference as applicable. These references must have first-hand knowledge of the Respondent’s professional skills and experience as they relate to the qualifications described in Section 2.2 Description of Services

(which may include dispute resolution, practicing law, or managing complex administrative roles) within the last five (5) years. References from state, federal, and/or local governmental entities are encouraged but not required. Do not include TWC staff as a reference.

4.9.1 Similar Contracts

Each Respondent shall provide descriptions for a minimum of 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 has 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;

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

e. Any problems encountered.

4.9.2 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 2 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 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.

4.10 ACCEPTANCE OF FIXED-FEE SCHEDULE

By signing Form 1 Execution of Response and submitting a Response to this Solicitation, the Respondent explicitly agrees to the Fixed-Fee

Schedule and compensation terms outlined in Section 2.2.3. No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by TWC. Pricing agreed to in any resulting Contract shall be firm and remain constant through the life of the

RFQ No. 3202600207 ver. 1 Page 33 of 53

Contract (unless a Price Adjustment is permitted in accordance with

Section 6.3 Price Adjustment).

4.11 FINANCIAL SOUNDNESS

The Respondent must complete Form 3 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. TWC reserves the right to request additional financial information or documentation if necessary to determine the Respondent's financial capability to perform the services.

4.11.1 Change in Financial Condition – Duty to Notify

By signing and submitting Form 1 Execution of Response, the

Respondent certifies that they will notify TWC of a substantial change in financial condition prior to Contract award or during the Contract term and any renewal thereof. TWC must be notified of the change in writing at the time the change occurs or is identified, but no later than ten (10) days after its occurrence. 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.

4.12 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.

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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

Terms and Conditions may make the Response unacceptable for award without discussion. If a Respondent proposes exceptions to Attachment

1 – TWC Terms and Conditions, TWC may disqualify the Respondent’s

Response and proceed with awarding contracts to the remaining qualified

Respondents with no exceptions to Attachment 1 – TWC Terms and

Conditions.

4.13 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, RFQ No. 3202600207 ver. 1 Page 35 of 53 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.

4.14 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.

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/.

4.15 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 3: Schedule of Events.

If Respondent fails to properly and timely notify the Sole Point of Contact of any ambiguity, conflict, discrepancy, exclusionary specification, omission, need for clarification, or other error in the Solicitation, Respondent:

a. Waives any claim of error or ambiguity in the Solicitation and any resulting Contract;

b. Submits a Response at its own risk;

c. May not contest the interpretation by TWC of such provision(s); and https://comptroller.texas.gov/taxes/franchise/

RFQ No. 3202600207 ver. 1 Page 36 of 53

d. Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or TWC’s later correction.

4.16 RESPONSE IRREVOCABILITY

Responses submitted to the Solicitation are irrevocable for one hundred eighty (180) calendar days following the solicitation closing date. This period may be extended at TWC’s Procurement and Contract Services

Director’s request only by a Respondent’s written agreement. Upon

Contract execution, prices agreed upon by the Successful Respondent(s) are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by

TWC.

4.17 TWC REQUESTS FOR CLARIFICATION TO RESPONDENTS

By submitting a Response, Respondent grants TWC the right to ask questions and request clarification. As part of the initial evaluation, the evaluation committee may request clarification. Clarifying questions to a

Respondent are to resolve conflicting information, apparent ambiguities, or minor clerical errors within the Response.

4.18 COST OF SUBMISSION AND ADDITIONAL…