ESBD_568967_1792174370839_TTF 529 Consultant RFP 240s 26-8414VR Final 10-15-26.docx

Request for Proposals (RFP No. 240s) for IRC Section 529 and 529A Plan Consulting Services on behalf of The Texas Prepaid Higher Education Tuition Board

TABLE OF CONTENTS

RFP 240s IRC Section 529 and 529A Plan Consulting Services Page 43 of 63

CMD #26-8414VR

PART I

INTRODUCTION AND BACKGROUND

1.1 Introduction

The Texas Comptroller of Public Accounts (“Comptroller”), as Chair and Executive Director of the Texas Prepaid Higher Education Tuition Board (the “Board”), issues this Request for Proposals No. 240s (the “RFP”) to solicit proposals from consulting firms or individuals to serve as a consultant for the Board’s 529 prepaid tuition and college savings plans and the Texas Achieving a Better Life Experience 529A Program (“Texas ABLE® Program”), and to assist Comptroller and the Board in the ongoing administration of the Texas Guaranteed Tuition Plan (“TGTP”), the Texas College Savings Plan ®, the LoneStar 529 Plan® and the Texas Tuition Promise Fund® (“TTPF”), all of which are qualified tuition programs authorized by Section 529 of the Internal Revenue Code, along with the Texas ABLE Program (“ABLE Program”), a savings plan for individuals with disabilities authorized by Section 529A of the Internal Revenue Code (“IRC”); the Texas Save and Match Program and the Texas Match the Promise Foundation; all plans are referred to in this RFP collectively as “the Funds.”

All requisite services are referred to as “Services” in this RFP. Each individual or firm submitting a proposal in response to this RFP will be referred to as a “Respondent.” The selected Respondent or Respondents, if any, will be referred to collectively as the “Successful Respondent.” All references in this RFP to Comptroller include the Board.

As a result of this RFP, the Board, acting by and through Comptroller, anticipates executing a contract with the Successful Respondent to perform the Services as described in this RFP and the contract, if any, resulting from it (the “Contract”).

1.2 Background

By Texas law, the Board is comprised of seven members. Comptroller is the presiding officer and executive director of the Board. Two Board members are appointed by the Governor, and four members are appointed by the Lieutenant Governor, with two of the Lieutenant Governor’s appointees coming from a list of persons recommended by the Speaker of the Texas House of Representatives. The appointed Board members must have knowledge, skill, and experience in higher education, business, or finance.

The Board is in the office of Comptroller, and Comptroller employees selected by Comptroller serve as the staff of the Board. The Board is required to meet at least quarterly. The Board’s mission is to further the Texas Legislature’s intent to meet “an urgent public necessity to assist young Texans in obtaining a higher education,” an “educated population being necessary to the social development and economic health of this state.” The main objectives of the Board are to assist Texas families by providing a means for individuals to save funds for higher education and to save for qualified disability expenses.

In addition to administering the Texas Guaranteed Tuition Plan and the Texas Tuition Promise Fund, the state of Texas’ prepaid tuition plans, the Board also administers the Texas College Savings Plan, a direct-sold college savings plan, the LoneStar 529 Plan, an advisor-sold college savings plan, and the Texas ABLE Program, a savings plan for persons with certain disabilities, all Plans referred to collectively as the “Funds” as set forth in the RFP.

About the Texas Guaranteed Tuition Plan, also known as the Texas Tomorrow Fund®

The Texas Guaranteed Tuition Plan (“TGTP” or the “Guaranteed Plan”) was launched in 1996. The TGTP is a prepaid college tuition plan staffed by employees of Comptroller. As of August 31, 2026, it had 8,845 active contracts and assets of over $113 million. Approximately 158,400 prepaid tuition contracts were sold while the Guaranteed Plan was still open to new enrollment.

TGTP was closed to new enrollment in 2003. The Board has no plans to re-open the TGTP to new enrollment or additional purchases. It does, however, have the right to do so and by statute must consider re-opening the TGTP on an annual basis. The TGTP has a surplus of Assets over Liabilities of $11.2 million on August 31, 2026 with a funded ratio of 111.0%. The Board’s actuary projected that assets held by TGTP will be depleted in 2040.

About the Texas Tuition Promise Fund

The Texas Tuition Promise Fund (“TTPF”) was established in 2007 by Chapter 54, Subchapter H of the Texas Education Code to allow a person (including entities) to purchase one or more tuition units that may be applied to the payment of the designated beneficiary’s undergraduate resident tuition and schoolwide required fees at Texas two- and four-year public colleges and universities. The transfer value of the tuition units can be used for tuition and schoolwide required fees at a medical or dental institution, private or out-of-state college or university, career school or registered apprenticeship programs. The TTPF allows participants to lock in future tuition and schoolwide required fees at Texas public colleges and universities at today’s prices, providing families more certainty about funding the cost of a Texas public college education in the future.

TTPF assets are held in trust by Comptroller. Orion Advisor Solutions, Inc. (“Orion”) currently serves as program manager of the Plan which is maintained by Catalis Regulatory and Compliance, LLC, which is not affiliated with Orion. At least annually, the Board reviews the actuarial soundness of TTPF. At the request of Comptroller, as Comptroller considers necessary to ensure the actuarial soundness of TTPF, the Board may temporarily suspend new TTPF enrollments. The Board may also adjust the terms of subsequent or current contracts, including reducing the value of certain refunds, to ensure continued actuarial soundness of TTPF. TTPF is not guaranteed or insured by the state of Texas, the Board, Comptroller or by any other provision of law; however, Texas public colleges and universities must accept the amount transferred by TTPF for the tuition units redeemed as payment in full for the applicable portion of the beneficiary’s tuition and schoolwide required fees. As of August 31, 2026, the program had a surplus of over $742 million and a funded ratio of 200.3%. As of August 31, 2026, TTPF had 40,186 active contracts and $1.482 billion in assets.

About the Texas College Savings Plan (“TCSP”) and the LoneStar 529 Plan (“LS529”)

The Board offers two college savings plans: (1) the direct-sold TCSP and (2) the advisor-sold LS529, collectively known as the “Texas College Savings Plans” or the “College Savings Plans”. Any U.S. citizen or permanent resident alien at least 18 years of age can open or contribute to an account. The Texas College Savings Plans offer age-based, target enrollment year and static investment portfolios. TCSP offers both blended and index strategies; LS529 offers a blended strategy.

Recent highlights for the Texas College Savings Plans include the following:

Program Highlights For the Fiscal Year Ending August 31, 2026

Plan

Assets Under Management

Withdrawals

Net Flows

Residency of Savings Plans account owners on August 31, 2026 is as follows:

Residency Statistics as of August 31, 2026

32,648

3,287

35,935

About the Texas Match the Promise Foundation SM

Chapter 54, Subchapter I of the Texas Education Code authorizes the Texas Save and Match Program (“Texas Save and Match”) to encourage Texas families to save for college by awarding matching TTPF tuition units to eligible applicants. The Board, in cooperation with the Texas Match the Promise Foundation (“program entity” or “Foundation”) board of directors, shall administer the program.

The Foundation is a 501(c)(3) public charity, managed by a separate board not included as part of this RFP. The Foundation receives donations primarily through the state’s Unclaimed Property Program and uses those donations to award scholarships of matching tuition units to eligible recipients who are beneficiaries of TTPF. From its inception in 2009 through August 31, 2026, the Foundation received donations totaling $2,620,386.

The Board would be responsible for awarding grants from funds appropriated by the Legislature for the Texas Save and Match Program. No funds have been appropriated to date.

The Texas ABLE Program (“Texas ABLE”)

The Board offers a tax-advantaged savings plan for eligible individuals with disabilities. The federal Stephen J. Beck Jr. Achieving a Better Life Experience Act of 2014 (“ABLE” or “Act”) signed into law in December 2014 amended the Internal Revenue Code of 1986, as amended (the “Code”), by inserting Section 529A (“Section 529A” or “529A”) to authorize states to establish tax-advantaged savings accounts for certain individuals with disabilities. In 2015, the Texas Legislature established the Texas ABLE Program for the following purposes:

(1) To encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence and quality of life.

(2) To provide secure funding for disability-related expenses on behalf of designated beneficiaries with disabilities that will supplement, but not supplant, benefits provided through private insurance, the Medicaid program under Title XIX of the Social Security Act, the supplemental security income program under Title XVI of such Act, the beneficiary’s employment, and other sources.

ABLE programs are subject to regulations and other guidance promulgated by the Secretary of the U.S. Treasury. On September 29, 2020, the U.S. Treasury published final regulations, available at: https://www.irs.gov/pub/irs-drop/td-9923.pdf. The Social Security Administration’s ABLE program-related operations are available online at: www.ssa.gov (Program Operations Manual System (POMS) SI 01130.740).

Texas ABLE is required to provide information upon the death of a Texas ABLE account beneficiary to Texas Health and Human Services necessary to determine if a deceased beneficiary’s account is subject to recovery as allowed under the ABLE Act for medical assistance paid by Texas Health and Human Services Medicaid State Recovery Program during the period of time that a Texas ABLE account was open.

Currently, participation in the Texas ABLE Program is limited to Texas residents only; however, the program’s rules allow the Board to accept out-of-state residents into the program to the extent allowed by law. By statute, the Board may authorize pooling of funds from Texas ABLE accounts with other funds administered by the Board to maximize returns for participants.

The Texas ABLE Program opened for enrollment in May of 2018. As of August 31, 2026, there were 5,405 accounts and assets totaling $61,227,881.

1.3 Useful Links

· The Web site for the Texas Guaranteed Tuition Plan is http://www.tgtp.org.

· The Web site for the Texas College Savings Plan is https://www.texascollegesavings.com.

· The Web site for the LoneStar 529 Plan is https://www.lonestar529.com.

· The Web site for the Texas ABLE Program is https://www.texasable.org/.

· The Web site for the Texas Tuition Promise Fund is http://www.texastuitionpromisefund.com/.

· The Web site for the Texas Match the Promise Foundation is https://www.comptroller.texas.gov/programs/education/match/.

· The Board’s Administrative Rules can be found at: http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=34&pt=1&ch=7.

· The Board’s most recent audited financial statements can be found at https://tgtp.org/reports.

PART II

SCOPE OF WORK

2.1 Service Description

Comptroller will seek assistance from the Successful Respondent, on an “as-needed” and “as-requested” basis, on issues related to the Funds and their respective program managers, if any. It is anticipated that Comptroller, on behalf of the Board, will request that Successful Respondent provide ongoing assistance such as, but not limited to:

· Assist the Board and Comptroller staff in interpreting and applying Sections IRC 529 and 529A;

· Assist the Board and Comptroller staff in identifying and applying best practices of the 529 and 529A industries to the Funds;

· Assist the Board and Comptroller staff in contract development and negotiation related to the Funds;

· Assist the Board and Comptroller staff in responding to questions and written inquiries received in the course of operations of the Funds;

· Assist the Board and Comptroller staff in developing Requests for Proposals for various services, which may include investment consulting, actuarial services, outside counsel, and program manager services;

· Assist the Board and Comptroller staff in analyzing and evaluating responses to Requests for Proposals for various services;

· Attend Board meetings or similar proceedings related to providing all of the Services requested in this RFP and as set forth in the Contract, if any; and

· Assist the Board and Comptroller staff with other related issues, including, but not limited to, research, analysis, evaluations, presentations, questions, contract terms, drafting, marketing, and implementation, and provide all other reasonably related Services, including but not limited to negotiations, as and when requested.

All respondents must demonstrate that the key individual(s) have a minimum of five (5) years of experience in working with state prepaid tuition plans, college savings plans, ABLE programs and related programs and other experience relevant to the Services requested. Extensive knowledge of IRC Sections 529 and 529A is required.

Respondents (including individuals) acting as municipal advisors must provide proof of registration with the SEC and must describe their compliance with applicable MSRB rules.

PART III

GENERAL PROVISIONS

3.1 Authority

This RFP is issued pursuant to Chapters 403, 2155, and 2254 of the Texas Government Code and Chapter 54, Subchapters F, G, H, I and J of the Texas Education Code.

3.2 Comptroller Rights

In the best interest of Comptroller and the state of Texas, Comptroller, in its sole discretion, may amend or modify any provisions of this RFP or the Sample Contract (Exhibit A), or withdraw this RFP at any time prior to award of a Contract. Comptroller reserves the right, in its sole discretion, to reject any or all submitted Proposals or to select one or more qualified Respondents without discussion of Proposals with the respective Respondents.

The decision of Comptroller, or its designee, with regard to the above, shall be administratively final. Comptroller, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in Proposals received. All Proposals shall become a part of Comptroller’s official procurement files and may be available for public inspection after execution of a Contract.

3.3 Respondent Obligations

Respondents are responsible for any expense related to the preparation and submission of a Proposal. Comptroller shall not pay for any cost that is incurred by Successful Respondent prior to the effective date of the Contract. Qualified persons with the requisite experience are invited to submit Proposals in accordance with this RFP. Proposals must address all specifications listed in Part II.

3.4 Successful Respondent Obligations

Comptroller shall look solely to Successful Respondent for performance of the Contract. Successful Respondent shall provide the requested Services under the direction of Comptroller. Successful Respondent shall be the sole point of Contract responsibility. Successful Respondent shall be liable, jointly and severally, for the performance of all obligations under the Contract and shall not be relieved of the non-performance of any subcontractor.

3.5 Schedule of Events

Comptroller anticipates that the selection of Successful Respondent and execution of the Contract, if any, will proceed according to the following approximate schedule:

October 16, 2026 - Issuance of RFP (after 10:00 a.m. CT)

October 26, 2026 - Deadline for Submission of Questions (2:00 p.m. CT)

October 29, 2026 - Electronic Posting of Official Responses to Questions

March 31, 2027 - Presentations by Top-scoring Respondents

April 1, 2027 - Contract Execution (or as soon thereafter as practical)

The times stated in this document refer to Central Time (“CT”) in Austin, Texas, where appropriate. Comptroller’s regular office hours are 8:00 a.m. to 5:00 p.m. CT, Monday through Friday except national and official state of Texas holidays. All deadlines are subject to change at Comptroller’s sole discretion.

Notices of changes to items directly impacting the original RFP or proposal process will be posted on the ESBD located at: http://www.txsmartbuy.gov/esbd. Any amendment to this RFP will be posted as an addendum on the ESBD. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a Proposal. Respondent’s failure to periodically check the ESBD for updates will in no way release Respondent from compliance with any requirements in the addenda or additional information, even if such compliance results in additional costs to meet the requirements.

3.6 Issuing Office

Comptroller, through its Contracts Section, is the Issuing Office and the sole point of contact for this RFP. The Contracts Section is the only office authorized to clarify, modify, amend, alter, or withdraw the specifications, terms, and conditions of this RFP and any Contract. Upon issuance of this RFP, other employees of Comptroller and members of the Board shall not answer questions or otherwise discuss the contents of this RFP with any Respondents or their representatives. Failure to observe this restriction may result in disqualification of any pending or subsequent Proposal. This restriction does not preclude discussions unrelated to this RFP or assistance completing the required Veteran Heroes United in Business (VetHUB) Subcontracting Plan (SP). Except as otherwise indicated, all communications concerning this procurement must be in writing and addressed to the Issuing Office as follows:

Vicki L. Rees E-mail: contracts@cpa.texas.gov

3.7 Submission of Questions

Respondents may submit written questions by email to the Issuing Office no later than 2:00 p.m. by the deadline set forth in the Schedule of Events. On or about the date set forth in the Schedule of Events, Comptroller expects to electronically post answers to the written questions on the ESBD located at: http://www.txsmartbuy.gov/esbd.

3.8 Deadline for Submission of Proposals

An electronic copy of the Proposal must be received in the Issuing Office no later than 2:00 p.m. CT on the deadline set forth in the Schedule of Events. The email must be labeled with “RFP No. 240s for 529 and 529A Plan Consulting Services” and include the name and address of Respondent in the body of the email. Late Proposals will not be considered under any circumstances.

Respondents are solely responsible for verifying Comptroller’s receipt of their Proposals by the deadline specified above. Comptroller shall not be liable or responsible for any costs whatsoever incurred in submission of a Proposal. Faxed or mailed Proposals are not acceptable and will not be considered.

For purposes of meeting the 2:00 p.m. delivery deadline, the Issuing Office’s electronic receipt date and time will be considered conclusive in all respects.

Under Section 322.020 of the Texas Government Code, the Legislative Budget Board (LBB) has implemented a database of state agency contracts. See the LBB website at https://www.lbb.texas.gov/. Comptroller shall upload to the LBB’s contract database the text of the complete Contract, including Successful Respondent’s Proposal (with limited redaction and appendix) after the date of Contract award. In submitting a Proposal, Respondent acknowledges that it understands and accepts this requirement.

3.9 Confidential Information; Nondisclosure; Open Records

All information gathered, produced, derived, obtained, analyzed, controlled or accessed by Respondent in connection with a Contract (Confidential Information), shall be and remain Confidential Information and shall not be released or disclosed by Respondent without the prior written consent of Comptroller, which consent must specifically identify the Confidential Information to be disclosed by Respondent and the nature of the disclosure for which consent is sought. Relatedly, Respondent must execute and return with its Proposal a Nondisclosure Agreement with Comptroller, in the form of Exhibit D attached hereto.

Following the award of a Contract, Proposals are subject to release as public information unless the response or specific parts of the Proposal can be shown to be exempt from the Texas Public Information Act, Chapter 552 of the Texas Government Code. All Respondents are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. Comptroller assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents.

Respondent must complete and return with its Proposal the Certification Regarding Public Nature of the Proposal (Exhibit F). In accordance with Exhibit F, Respondent must specifically identify any parts of its Proposal it believes are confidential. Respondent must stamp in bold red letters the term “CONFIDENTIAL” on that specific part or page of the Proposal that Respondent believes to be confidential. Respondent must submit in writing specific, detailed reasons, including any relevant legal authority, stating why Respondent believes the material to be confidential. Vague and general claims of confidentiality will not be accepted. Comptroller will be the sole judge of whether a claim is general and/or vague in nature. All Proposals and parts of Proposals that are not marked as confidential will be automatically considered public information after the Contract is awarded. A Proposal resulting in an award may be considered public information even though parts are marked confidential.

In the event Comptroller receives a request under the Texas Public Information Act for portions of a Proposal marked as “CONFIDENTIAL” as specified above, Comptroller shall forward such request to the Office of the Attorney General of the State of Texas (Attorney General) for an opinion on whether such information may be withheld from disclosure under the Texas Public Information Act. Comptroller will notify Respondent whose Proposal is the subject of the request when the information is forwarded to the Attorney General. Respondent is solely responsible for timely submitting its own arguments to the Attorney General as permitted by Section 552.305 of the Texas Government Code. Comptroller assumes no obligation for asserting legal arguments on behalf of Respondent. Respondents are advised that Comptroller is obligated to comply with the decision of the Attorney General, including any such decision calling for the release of information marked “CONFIDENTIAL” by a Respondent.

Copyrighted Proposals are unacceptable and are subject to disqualification as non-responsive.

3.10 Media Releases

Comptroller does not endorse any vendor, commodity, or service. Media releases pertaining to this RFP, the Contract, or the Services shall not be made without the prior written consent of Comptroller and then only in accordance with explicit written instructions from Comptroller. The disclosure of the contents of Proposals prior to the award of the Contract or any other violation of this section may result in disqualification of Respondent’s Proposal.

3.11 Non-exclusivity

This RFP is not exclusive, and Comptroller reserves the right to issue additional solicitations regarding the Services or similar services at any time.

3.12 Term of Contract; Sample Contract

The Contract shall become effective on the date signed by Comptroller, after having first been signed by Successful Respondent and will terminate December 31, 2029 (Initial Term). In accordance with the terms of the Contract, Comptroller has the option, in its sole discretion, to extend the Contract for two (2) additional periods, one year at a time, as follows: January 1, 2030, through December 31, 2030, and January 1, 2031, through December 31, 2031. The “Contract Term” means the Initial Term plus any additional periods. Comptroller, in its sole discretion, may extend the Contract for six (6) months following the last period of renewal or for such additional time as Comptroller deems necessary to secure and transition to a new contract or provider.

A Contract shall be based on the Sample Contract included as Exhibit A and shall incorporate this entire RFP. The Sample Contract includes boilerplate provisions, and Comptroller reserves the right, in its sole discretion, to make a contract award without negotiating these provisions. In the event Comptroller requires negotiations with Successful Respondent, any modifications or clarifications agreed to with Successful Respondent during contract negotiations shall also be incorporated into the final executed Contract. Each Respondent must review these terms and conditions in Exhibit A and otherwise in this RFP and address any concerns or issues in its transmittal letter. Terms and conditions of this RFP and the Sample Contract not specifically objected to in the transmittal letter will be deemed to be accepted by Respondent. Comptroller has final approval of any Contract.

Comptroller reserves the right, in its sole discretion, to modify the terms and conditions of the Sample Contract in the best interests of the state of Texas prior to signature by the parties. Notwithstanding any exceptions or any other provision of Respondent’s Proposal to the contrary, Successful Respondent shall indemnify Comptroller and the state of Texas, as specified in the Sample Contract. The state of Texas, Comptroller, and their respective employees, officers, agents, and representatives, will not indemnify Successful Respondent for any amount for any purpose, and any provisions to the contrary are void.

3.13 Certificate of Interested Parties

Successful Respondent must complete the Form 1295 Certificate of Interested Parties (located on the Texas Ethics Commission website at https://www.ethics.state.tx.us/filinginfo/1295/) for contracts with a value of $1 million or more or if the contract requires approval by the governing body. Because the Board has final approval of the Contract, Successful Respondent must submit to the agency a completed and signed form with the certificate number and date before the Contract Effective Date.

3.14 Incorporation of Exhibits

Exhibits A, B, C, D, E, F, and G are attached hereto and incorporated as part of this RFP for all purposes.

PART IV

PROPOSAL FORMAT

4.1 Introduction

Each proposal shall contain a cover sheet with the following: “RFP No. 240s for 529 and 529A Plan Consulting Services” and the name and address of Respondent. The Proposal must contain an organized, paginated table of contents with hyperlinks corresponding to the sections and pages of the Proposal. Pages must be numbered consecutively.

Proposals must be organized as described in Section 4.2 (Proposal Minimum Requirements and Organization). Proposals not containing all information requested in Section 4.2 or organized according to Section 4.2 may be subject to disqualification. Conciseness and clarity of content are required; vague and general Proposals may be considered non-responsive and may result in disqualification. Proposals must be complete; failure to provide all required information may result in the disqualification of the Proposal.

ALL EXHIBITS TO THIS RFP ARE PREPARED EXCLUSIVELY FOR THIS RFP. RESPONDENT’S SUBMISSION OF OTHER EXHIBITS OR DOCUMENTS, INCLUDING PRIOR RFP EXHIBITS, MAY RESULT IN DISQUALIFICATION OF THE PROPOSAL.

4.2 Proposal Minimum Requirements and Organization

Proposals must be organized as follows:

a) Transmittal Letter;

b) Executive Summary;

c) Table of Contents;

d) Respondent Identifying Information;

e) Proposed Subcontractor(s) Identifying Information;

f) Respondent Qualifications and Experience;

g) Proposed Personnel;

h) Respondent Narrative;

i) Insurance;

j) Financial Statements;

k) Execution of Proposal;

l) Veteran Heroes United in Business Subcontracting Plan;

m) Criminal Conviction Certification;

n) Nondisclosure Agreement;

o) Conflict of Interest Statement; and

p) Certification Regarding Public Nature of Proposal.

A description of the information required for each of the items listed above is set forth below.

4.2.A Transmittal Letter

Respondent must submit a transmittal letter that identifies the entity submitting the Proposal and includes a commitment by that entity to provide the Services. The transmittal letter must state that the Proposal is valid for one hundred eighty (180) days from the deadline for delivery of Proposals to Comptroller. Any Proposal containing a term of less than one hundred eighty (180) days for acceptance from this deadline will be rejected as non-responsive.

The transmittal letter must be signed by a person legally authorized to bind Respondent. Respondent also must indicate in its transmittal letter why it believes it is the most qualified to provide the requisite Services and why it believes its proposed services best meet Comptroller’s objectives and RFP requirements.

The transmittal letter must include a statement of acceptance of the terms and conditions of the Sample Contract (Exhibit A). If a Respondent takes exception to any of the proposed terms and conditions provided in the Sample Contract or otherwise in this RFP, then the exception(s) must be specifically and clearly identified in the transmittal letter and an explanation of the requested change along with the proposed alternative language must also be included in the transmittal letter. However, failure to accept those terms and conditions may result in disqualification of the Proposal.

4.2.B Executive Summary

Respondent must provide an executive summary of its Proposal and a representation that the Proposal addresses all of the requirements of this RFP. The executive summary must not exceed three (3) pages and must represent a full and concise summary of the contents of the Proposal. Respondent must identify any Services that are provided beyond those specifically requested. If Respondent is providing Services that do not meet the specific requirements of this RFP but in the opinion of Respondent are equivalent or superior to those specifically requested, any such differences must be noted in the executive summary. However, failure to provide the Services specifically required may result in disqualification of the Proposal.

4.2.C Table of Contents

Each Proposal must be submitted with a table of contents that clearly identifies and denotes by page number each section of the proposal and the location of all enclosures of the Proposal. The table of contents must follow the RFP’s structure as much as possible. The table of contents must have hyperlinks corresponding to the sections and pages of the Proposal.

4.2.D Respondent Identifying Information

Respondent must provide the following identifying information:

(1) name and address of business entity submitting the Proposal;

(2) names of all principals;

(3) type of business entity (e.g., corporation, partnership);

(4) state of incorporation or organization and principal place of business;

(5) name and location of Texas offices, other major offices, and other facilities that relate to Respondent’s performance under this RFP;

(6) name, business address, business telephone number, cell phone number, email address, and fax number of Respondent’s principal contact person regarding the Contract;

(7) Respondent’s Federal Employer Identification Number (“FEIN” or “EIN”) and Texas Tax Identification/Registration Number, if any;

(8) all affiliated companies and subsidiaries, or any joint ventures or other affiliations;

(9) full name and business address for each member, partner, and employee of Respondent (and any subcontractors) who will perform Services;

(10) detail of any firm ownership changes which have occurred in the last five (5) years, including changes pending; and

(11) indicate whether it is currently a party to litigation in process; if so, identify the parties, jurisdiction, case number, and subject matter.

4.2.E Proposed Subcontractor(s) Identifying Information

The Proposal must identify any subcontractors and outline the contractual relationship between Respondent and each proposed subcontractor. Respondent must provide statements for each of its proposed subcontractors signed by an individual authorized to legally obligate each subcontractor and attesting to the fact that it will provide the Services as represented in Respondent’s Proposal. Proposed subcontractors may be required to submit ownership information similar to that required of Respondents in Section 4.2.D. Respondent must disclose, at Comptroller’s request, any information regarding proposed subcontractors.

4.2.F Respondent Qualifications and Experience

1. Experience

Respondent must include a detailed overview of Respondent’s experience providing the Services in its Proposal. Respondent must demonstrate its knowledge of and experience with activities relevant to the Services. Respondent must provide a detailed profile that describes the following:

(4) Respondent’s depth and length of experience providing services to Internal Revenue Code Section 529 and 529A plans and programs;

(5) Respondent’s key personnel’s depth and length of experience providing services to Internal Revenue Code Section 529 and 529A plans and programs;

(6) For each proposed subcontractor:

a) the size and scope of all operations, including number of employees and years in business;

b) the general nature of previous similar work performed, particularly work in the last three (3) years;

c) depth and length of experience with public sector entities;

d) the depth and length of experience providing services to Internal Revenue Code Section 529 and 529A plans and programs; and

(7) any other information Respondent believes is pertinent to this RFP.

2. Cancellations, Terminations, and Non-renewals

Respondent must list all contracts or purchase orders that Respondent executed or accepted within the last five (5) years and which were canceled, terminated, or not renewed prior to completion by any state agency or other entity with which Respondent contracted. For each such contract or purchase order, Respondent must include a detailed explanation for the cancellation or termination and final resolution of the matter as well as the names and telephone numbers of each such agency's or firm’s contact person. If none, specify none.

3. Vendor Reference Form (Reference Form)

Respondent must send the Reference Form (Exhibit G) to at least three (3) companies or government agencies (References). Instructions are included in the Reference Form. Respondents may send the Reference Form to References via email. Comptroller is not responsible for undeliverable emails or for non-responsive References. Respondents’ References will be evaluated in accordance with Part V (Proposal Evaluation and Selection). Vendor must include all requested information in the top portion of the Reference Form. References must respond to Comptroller on the form provided by the due date provided in the Anticipated Schedule of Events to be considered in Proposal evaluation. The Reference Form must be submitted directly from the References to Comptroller. Respondents shall not submit the Reference Form to Comptroller and Comptroller shall not consider such Reference Forms in Proposal evaluation. References may be contacted for clarification at Comptroller’s discretion. Comptroller is not obligated to contact Respondent when Reference Forms are received or in the event a Reference submits incomplete information.

4.2.G Proposed Personnel The Proposal must identify all key personnel, including a project manager for the Contract, who are to be part of the proposed team and detail their experience. Respondent must include in the Proposal résumés of all management, supervisory, and key personnel that will be involved in performing the Services, and must provide for each person:

(1) a full name (including full middle name);

(2) a five (5)-year employment history;

(3) a specific description of relevant experience and skills that person has with 529 and 529A consulting services, that must include at least five (5) years of experience performing work similar to the required Services (limit to one page);

(4) a specific indication of what role the individual will have in this project, and

(5) any additional pertinent information to indicate the individual’s ability to aid Respondent in successfully completing the required Services (limit to one page).

In addition, Respondent must provide an organizational chart indicating lines of authority, names, titles, and functions of individuals responsible for the Services.

Résumés must present the required personnel information in sufficient detail to provide Comptroller with a convincing indication that the personnel involved can successfully provide the required Services. The key personnel, as identified in the Proposal, are considered to be essential to the Services. Comptroller reserves the right, in its sole discretion, to approve each member of the team and to request substitutions. All replacements of personnel must be of equal or superior experience or skill as the person replaced.

4.2.H Respondent Narrative Respondent must prepare and include a narrative explanation of how the offered services will meet the requirements of this RFP. In its narrative, Respondent may also concisely describe any additional features, aspects, or advantages of its services in any relevant area not covered elsewhere in its Proposal.

4.2.I Insurance

In its Proposal, Respondent must provide a statement of its intent to obtain and maintain for the term of the Contract the minimum insurance and bond coverage (if any) specified in the Sample Contract. Respondent should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its Proposal. Proof of insurance and bond coverage may be provided in the form of current certificates of insurance.

4.2.J Financial Statements

In its Proposal, Respondent and its parent company, if applicable, must provide evidence of financial stability by providing audited financial statements for each of the last two (2) years of Respondent’s operations or, in the alternative, financial statements compiled or reviewed and attested by an independent certified public accountant or certified public accounting firm.

In lieu of providing the financial statements described above in its Proposal, a Respondent may provide a statement regarding the Respondent’s financial stability and viability to perform under a Contract. If Respondent elects this approach rather than audited financial statements, the Respondent must submit a statement, with appropriate supporting documentation, sufficiently detailed to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this RFP.

4.2.K Execution of Proposal

Exhibit B must be completed and signed by Respondent.

4.2.L Veteran Heroes United in Business Subcontracting Plan (VetHUB)

In accordance with Section 2161.252 of the Texas Government Code and 34 Texas Administrative Code §20.285, each state agency that considers entering into a contract with an expected value of $100,000 or more over the life of the contract (including any renewals) shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. If subcontracting opportunities are probable, each state agency’s invitation for bids, requests for proposals, or other purchase solicitation documents with an expected value of $100,000 or more shall state that probability and require a Veteran Heroes United in Business (VetHUB) Subcontracting Plan (SP).

The VetHUB goals per 34 Texas Administrative Code §20.284 are: 1% for heavy construction other than building contracts; 1.5% for all building construction, including general contractors and operative builders’ contracts; 2% for all special trade construction contracts; 1.5% for professional services contracts; 1.5% for all other services contracts; and 1.5% for commodities contracts.

Comptroller has determined that subcontracting opportunities are probable and requires Respondents to complete the state of Texas VetHUB Subcontracting Plan form located at: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.

Comptroller has determined that this procurement falls under the following category:

Special Trade Construction ___ Professional Services Other Services x Commodities ___

The SP form is also posted to the ESBD as separate Bid Package #2 under this RFP. Comptroller has identified the possible subcontracting opportunities on the “Agency Special Instructions/Additional Requirements” form set forth below, as well as the commodity class and item codes:

- - Agency Special Instructions/Additional Requirements - - The Texas Comptroller of Public Accounts is committed to increasing contracting opportunities with VetHUBs by contracting directly with VetHUBs or indirectly through subcontracting opportunities in compliance with Chapter 2161 of the Texas Government Code.

A bid/proposal/offer to a solicitation with an expected value of $100,000 or more must contain a completed SP and supporting documentation to be considered responsive. CPA may reject an SP that was not developed in good faith or completed. After Contract award, Successful Respondent may be subject to debarment pursuant to Section 2161.253(d) of the Texas Government Code if any modifications are made to the SP without PRIOR approval from CPA.

For assistance in completing the SP, Respondent may visit the following website: https://comptroller.texas.gov/purchasing/vendor/hub/. The SP is available as part of this solicitation package on the ESBD website, available at: http://www.txsmartbuy.gov/esbd.

If Respondent is not subcontracting any portion of the Contract, Sections 1, 2(a), 3 and 4 of the SP must be completed. If Respondent is subcontracting some portion of the Contract, the supporting documentation of “Good Faith Effort” must be demonstrated in either Method A (Attachment A) or Method B (Attachment B) of the SP.

The Texas Comptroller of Public Accounts requests all Respondents to consider utilizing VetHUBs in subcontracting areas listed below; however, this list should not be considered exhaustive.

4.2.O Criminal Conviction Certification

Respondent must complete, sign and date, and return Exhibit C with its Proposal.

4.2.P Nondisclosure Agreement

Respondent must complete, sign and date, and return Exhibit D with its Proposal.

4.2.Q Conflict of Interest Statement

Respondent must prepare, sign and date, and return Exhibit E with its Proposal.

In its Proposal, a Respondent must represent and warrant to Comptroller that it and each of its subcontractors have the requisite resources, qualifications, and independence to conduct the Services free from outside direction, control, or influence, and subject only to the accomplishment of Comptroller’s objectives. Respondents that cannot make this representation and warranty should not respond to this RFP.

Respondent must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to the submission of a Proposal from Respondent and its possible selection as Successful Respondent, or its performance or the performance of its proposed subcontractor(s) of the Contract.

As part of this disclosure requirement, each Respondent must include in its Proposal all past and present contractual, business, financial or personal relationships between Respondent and Comptroller and between Respondent’s proposed subcontractors, if any, and Comptroller. For purposes of this disclosure requirement, (i) “past” is defined as within the two (2) calendar years prior to the deadline for submission of Proposals; (ii) “Comptroller” is defined as the statewide elected official who heads the agency as well as the agency’s employees or recent former employees; and (iii) “recent former employees” are defined as those Comptroller employees who have terminated agency employment within the two (2) calendar years prior to the deadline for submission of Proposals. For each item, Respondent must provide a detailed explanation of why Respondent does or does not believe such item poses a conflict of interest, potential conflict of interest, or appearance of impropriety issue relative to Respondent’s submission of a Proposal, possible selection as Successful Respondent or its performance of the Contract.

For purposes of this RFP, “personal relationship” is defined as a current or past connection other than a clearly contractual, business, financial, or similar relationship and includes family relationships or other connections outside simply providing a Proposal. For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity (see Chapter 573 of the Texas Government Code) which defines these degrees of consanguinity and affinity. Connections other than such family relationships fall within this definition and must be disclosed if a reasonable person could expect the connection to diminish Respondent’s independence of judgment or effectiveness in the performance of Respondent’s responsibilities to Comptroller or the State under the Contract. Connections also fall within this definition if a reasonable person could expect the connection, within the overall context of Respondent’s submission of a Proposal, possible selection as Successful Respondent, or its performance of the Contract, to create an issue for the agency’s consideration relative to a potential appearance of impropriety or conflict of interest. Connections also fall within this definition if the relationship is with Comptroller or other state of Texas employee with authority to make decisions or recommendations on state contracting or procurement or this RFP. For purposes of this provision, those persons with authority to make decisions or recommendations are those persons who fall within the definition of “purchasing personnel” in Section 2262.004(a)(2) of the Texas Government Code.

In submitting a Proposal, a Respondent affirms that it has not given, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity,…