ESBD_572087_1793197732001_IFB HHS0017795_FY27_Resilience Comp Training.pdf

HHS Procurement and Contracting Services

IFB DOCUMENT

PCS 137

Page 1 of 16 Revised 12/06/2022

Invitation for Bid (IFB)

Check one: Formal Informal

IFB No.: Issue Date: Response Due Date:

HHS0017795 10 / 28 / 2026 11 / 12 / 2026 at 10:30 am

Formal responses may be mailed to the address in Section 4.4. E-mail and electronic responses submitted through the HHS

Online Bid Room will only be accepted if indicated in the solicitation. Response may NOT be submitted by Fax.

Contact Information:

Purchaser: Vivian Harrison Phone: 512-406-2460

Email: Vivian.harrison@hhs.texas.gov

Mail Response, if applicable:

Hand Delivery:

Health and Human Services Commission

Attn: Bid Room Coordinator

Procurement and Contracting Services

1100 W 49th St. MC: 2020

Austin, TX 78714-9166

OR

Overnight/Express/Priority Mail Delivery:

Health and Human Services Commission

Attn: Bid Room Coordinator

Tower Building Room 108

1100 W 49th St. MC: 2020

Austin, TX 78756

OR

Email Response to:

pcsbids@hhs.texas.gov, OR

Submit Response Online to, if applicable:

https://hhs.texas.gov/doing-business-hhs/contracting-hhs/hhs-online-bid-room

(You must be registered to submit online.)

Ship to or Service Delivered to Location:

4900 N Lamar Blvd, Austin, Texas, 78751

Source of Authority CPA/POD DIR Other:

By signing this document, respondent certifies that prices shown on this quote are true and correct. Should this bid/offer result in a

Purchase Order, respondent agrees to comply with all “Terms and Conditions,” which are attached and incorporated into this document.

Check below if preference claimed under Texas Administrative Code (TAC), Title 34, Part 1, Chapter 20, Subchapter D, Division 2, Rule § 20.306:

□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

□ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Services offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials, or equipment

□ Products of persons with mental or physical disabilities

□ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value.

VENDOR / RESPONDENT MUST COMPLETE ALL ITEMS

Signature of Vendor or Authorized Representative

Print Name

(Must be manually signed; failure to sign will disqualify response.)

Texas Vendor Identification No. (or Federal Employer’s ID):

Name of Business

Street Address

City-State-Zip Code

Telephone Number

Fax Number

E-Mail Address

*By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas Bidder as defined in Tex. Gov’t Code

§ 2155.444(c)(2).

AWARD NOTICE: The State reserves the right to make an award on the basis of low line-item bid, low total of line items, or in any other combination that will serve the best interest of the State and to reject any and all bid items in the sole discretion of the State.

mailto:pcsbids@hhs.texas.gov https://hhs.texas.gov/doing-business-hhs/contracting-hhs/hhs-online-bid-room

Solicitation No. PCS 137

1. INTRODUCTION AND PURPOSE OF IFB

The Health and Human Services Commission (HHSC) Procurement and Contracting Services (PCS) on behalf of the Department of Family and Protective Services (DFPS) is issuing this Invitation for Bid (IFB) to solicit a Respondent to enter into a contract with DFPS to provide a complete learning system of multiple sequential learning modules (“Modules”) that build resilience skills over time, increasing retention and long-term impact. This system must be based on published scientific research on resilience and enable practical behavioral change through simple actionable tools that employees can immediately apply at work.

DFPS may enter into multiple contracts with more than one Respondent in all DFPS Regions 1-11 (See Section 13 for Map). A Respondent may be awarded a contract to serve a single or multiple DFPS Regions.

Attachments to this IFB:

• Exhibit A – Affirmation and Solicitation Acceptance

• Exhibit B – DFPS Uniform Terms and Conditions (UTCs)

• Exhibit C – DFPS Supplemental and Special Conditions

• Exhibit D – Pricing Sheet and Minimum Qualifications

• Exhibit E – Respondent Reference Form

• Exhibit F – Online Bid Room

• Appendix A – Respondent Checklist for Submission or Response

Class and Item:

924-40 Instructor-led, Classroom Training, Technical

2. AGENCY OVERVIEW

The Health and Human Services Commission (HHSC) was created in 1991 to oversee and coordinate the planning and delivery of health and human services in Texas. It is established pursuant to Chapter 531, Texas Government Code and is responsible for oversight of Texas Health and Human Services agencies (HHS agencies). As a result of the consolidation due to House Bill 2292 (HB2292), some of the contracting and procurement activities for HHS agencies have been assigned to the PCS section of HHSC. As such, HHSC/PCS will administer the initial stages of the procurement process, prior to the contract award, including IFB announcement and publication, handling of communications from the respondent, as well as managing the receipt and evaluation of valid responses for final review and evaluation.

HHSC/PCS directs the execution of the award of the contract resulting from this IFB.

DFPS will administer the contract.

3. DEFINITIONS

• Appendix – Additional information and/or forms that is available in the back of this IFB document.

• Bidder– Entity or individual that submits a response to an IFB. See Respondent.

• Contract – A written document referring to promises or agreement for which the law establishes enforceable duties and remedies between a minimum of two parties.

• Contract Term – The period of time during which the Contract will be effective from begin date to end, or renewal date. The contract term may or may not be the same as the budget period.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.531.htm http://www.legis.state.tx.us/tlodocs/78R/billtext/html/HB02292F.htm

• Debarment – An exclusion from contracting or subcontracting with state agencies on the basis of cause set forth in Title 34, Texas Administrative Code, Chapter 20, Subchapter G, and the System of Award Management (SAM).

• Deliverables – Goods or services contracted for delivery or performance.

• Due Date – Established deadline for submission of a document or deliverable.

• Effective Date – The date the contract term begins.

• Respondent – Entity or individual that submits a response to an IFB. See Bidder.

• Scope of Work – A statement that defines specific services to be performed.

• IFB – The process of notifying prospective contractors of an opportunity to provide goods or services to the State. It is used interchangeably with ‘solicitation’ in this IFB.

• Subcontractor – An entity hired by an awarded contractor to perform a portion of the scope of work by the entity contracting with DFPS as a result of this IFB. The Contractor remains entirely responsible for performance of all requirements of the Contract through monitoring the subcontractor’s performance.

• Unit Rate – Payment mechanism for services that are paid at a set rate per unit of service;

for example, plumbing repair services at a prescribed rate per hour.

• Vendor – A contractor that provides goods and services that are typically procured through the open market.

• Vendor Identification Number (Vendor ID No.) – Fourteen-digit number needed for any entity to contract with the State of Texas, and which must be set up with the State Comptroller’s Office. It consists of a ten-digit Vendor ID No. (IRS number, state agency number, or social security number) + check digit + 3-digit mail code.

4. INSTRUCTIONS TO RESPONDENTS

Before submitting a response to this IFB, read the ENTIRE IFB including Exhibit B - DFPS Uniform Terms and Conditions and Exhibit C - DFPS Supplemental and Special Conditions. Failure to read any part of this IFB will not relieve an awarded Contractor of their contractual obligations

4.1 Failure to comply with this section may result in disqualification of a Respondent’s

Application.

4.2 Responses to this IFB will be received until the date and time shown above. Incomplete or late responses will not be considered.

The preferred methods of response are online bid portal or via email. Responses will be emailed to pcsbids@hhs.texas.gov or via the HHS Online Bid Room (see Exhibit F).

Faxed responses will not be accepted. Response send to any other email address will not be accepted.

mailto:pcsbids@hhs.texas.gov

If submitting by hand delivery, overnight/express/priority delivery, all documents should be submitted on a single USB drive and must be in Microsoft office® formats (Word® and Excel®, as applicable) or in a form that may be read by Microsoft office® software. Any documents with signatures shall be submitted as an Adobe® portable document format (PDF) file. HHSC is not responsible for documents that cannot be read or converted. Unreadable responses may be, in HHSC’s sole discretion, rejected as nonresponsive.

The Response must include all documentation required by this Solicitation.

1. Submit one USB drive of the complete response package – hard copy responses will not be accepted.

2. The USB drive must be enclosed in properly documented and sealed envelope or sealed carton.

3. The envelope or carton must be properly labeled, on the face or top of each, with the following:

a. Bidder’s name

b. Contact name for response

c. Phone number for response contact

d. Solicitation number from the cover page of this Solicitation

e. HHSC PCS purchaser name (Questions, Section 5).

Responses to this solicitation may be submitted in original hard copy to the address below. An authorized officer of the Respondent must manually sign submittal.

Hand Delivery Overnight/Express/Priority Mail

Delivery

Health and Human Services

Commission Attn: Bid Room Coordinator

Procurement and Contracting Services

1100 W 49th St. MC: 2020 Austin, TX 78756

Health and Human Services

Commission Attn: Bid Room Coordinator Tower Building Room 108 1100 W 49th St. MC: 2020

Austin, TX 78756

Fax responses will NOT be accepted. Emailed responses and responses submitted electronically through the HHS Online Bid Room will be accepted. Emailed responses must be submitted to pcsbids@hhs.texas.gov. For instructions on registration and use of the HHS Online Bid Room, (see Exhibit F). Online, electronic responses must be submitted to https://hhs.texas.gov/doing-business-hhs/contracting-hhs/hhs-online-bid-room.

HHSC/PCS will not be responsible for failure of electronic equipment or operator error. Late, illegible, incomplete, or otherwise non-responsive submissions will not be considered. DFPS will not be held responsible for any solicitation response that is mishandled prior to receipt by DFPS. DFPS will not be responsible for any technical issues that result in late delivery, inappropriately identified documents, or other submission error that may lead to disqualification (including substantive or administrative) or nonreceipt of the Respondent’s proposal.

mailto:pcsbids@hhs.texas.gov

All solicitation responses become the property of HHSC after submission and will not be returned to Respondent. It is the Respondent’s responsibility to appropriately mark and deliver the solicitation response to HHSC by the specified date. A U.S. Postal Service (USPS) postmark or round validation stamp; a mail receipt with the date of mailing, stamped by the USPS; a dated shipping label, invoice of receipt from a commercial carrier; or any other documentation in lieu of the on-site time stamp WILL NOT be accepted.

Response must include all required information/documents for this specification but may contain additional information considered pertinent by Respondent. HHSC/PCS reserves the right to reject any or all responses.

Procurement Schedule

Calendar of Events Due Date

IFB Release Date 10/28/2026

Respondent’s Written Questions Due Date 11/03/2026, 10:30 AM

Deadline for to Post Written Answers 11/05/2026

IFB Submission Deadline 11/12/2026, 10:30 AM

Anticipated Contract Start Date Upon Award

5. QUESTIONS

The sole point of contact for inquiries concerning this IFB is:

Purchaser’s name: Vivian Harrison, CTCD, CTCM Telephone: 512-406-2460 E-mail address: Vivian.harrison@hhs.texas.gov

Questions may also be submitted directly to the sole point of contact through the HHS Online Bid Room (see Exhibit F).

Direct all communications relating to this IFB to the HHSC/PCS point of contact named above.

All other communications between a Respondent and HHS agency staff concerning this IFB are prohibited. In no instance is a Respondent to discuss cost information contained in a response with the HHSC/PCS point of contact or any other staff prior to response evaluation.

Failure to comply with these requirements may result in Response disqualification.

6. HHSC/PCS AMENDMENTS AND ANNOUNCEMENTS REGARDING THIS IFB

HHSC/PCS will post all official communication regarding this IFB on the ESBD website, including the notice of award for IFBs exceeding $25,000. HHSC/PCS reserves the right to revise the IFB at any time. Any changes, amendments, or clarifications will be made in the form of written responses to Respondent questions, amendments, or addendum issued by HHSC/PCS on the ESBD website. Respondents should check the website frequently for notice of matters affecting the IFB.

7. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS

An evaluation of potential subcontracting opportunities was conducted for this contract in accordance with Texas Government Code Section 2161.252, and it was determined that this contract does not contain any probable subcontracting opportunities. Therefore, DFPS is mailto:Vivian.harrison@hhs.texas.gov not requiring a HUB Subcontracting Plan (HSP) be submitted with this proposal.

However, if respondent determines the need to subcontract, (or hire 1099 employees) for any services, equipment, materials and/or supplies to fulfill the terms of this contract, the respondent must inform the HHSC Point of Contact listed in the General Information section within five business days of the solicitation posting to the Electronic State Business Daily, so that the solicitation may be updated. The respondent must submit a complete HUB Subcontracting Plan with its proposal to be considered responsive. The HSP form may be accessed at:

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

If after the contract award the contractor determines a need to subcontract for any services, equipment, materials, and/or supplies, the contractor must contact DFPS for prior approval and request a review of its HUB Subcontracting Plan in accordance with the good faith effort requirements found in 34 Texas Administrative Code Section §20.285. The contractor may not utilize a subcontractor without prior written approval from the DFPS.

You are encouraged to contact the DFPS HUB Coordinator for HUB Program or HSP questions.

Texas Department of Family and Protective Services DFPS HUB Coordinator E-mail: dfpshub@dfps.texas.gov

8. ESTIMATED QUANTITIES

Neither HHSC/PCS nor DFPS guarantees the acquisition of any quantities of goods or services during the term of the Contract. "Quantity" information is provided only as a guideline for preparing the response. The quantity information should not be construed as representing anticipated or actual quantities that will be ordered.

9. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES (DFPS) MISSION

The mission of DFPS is to protect children, the elderly, and people with disabilities from abuse, neglect, and exploitation by working with clients, families, and communities.

10. IFB PURPOSE AND BACKGROUND

Child Protective Services (CPS) is interested in procuring evidence-based resilience training (“Training”) from one Contractor for its state-wide management staff. The management training will be in the areas of stress management, emotional intelligence, and psychological safety in the workplace. This Training will teach the importance of individual and organizational resilience and develop practical skills for employees, managers and teams. The Training will have several components, including a live, “train the trainer” session, self-paced Modules with video, and written study materials including workbooks. All purchased materials, including curriculum and videos (if included) will be stored by DFPS on DFPS’s learning management system (LMS) so that DFPS staff can access the materials for self-paced learning.

CPS’s work environment is high stakes and emotionally demanding. CPS staff is vulnerable to burnout and secondary trauma due to this high-stress work environment. Investing in resilience training for CPS leadership will:

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

• Strengthen leadership capacity to support staff in high-stress environments;

• Enhance team morale, retention, and job satisfaction; and

• Support decision-making under pressure.

11. SCOPE OF WORK (SOW) TO BE PERFORMED

11.1 CONTRACTOR RESPONSIBILITIES

A. Contractor must provide the Training as a complete learning system as a set of pre-built, multiple stand-alone computer-based training Modules designed for team implementation.

1. The Training will effect sustainable behavior changes, supporting participants’ skill development beyond awareness to habit formation and measurable application through the following activities and skills that employees can immediately apply at work:

(a) Reflection activities;

(b) Guided practice;

(c) Implementation tools; and

(d) Facilitated conversation.

2. The Training must be based on published research or other academically recognized science.

3. The Training must be fully developed and operational for immediate purchase, installation and hosting through the purchaser’s platform, such as the DFPS Learning Station.

4. The Training will include:

(a) One live, virtual Train-the-Trainer session led by the author of the Training to provide an overview of the Training and recommendations for delivery.

(b) At least 10 hours of Modules.

(1) Each Module should be approximately one hour in length.

(2) Each standalone Module must include:

a. Video component relevant to specific Module topical area;

b. Participant Guide for content covered within the Module, as described below in subsection 11.1.A.4(c)(1); and

c. Facilitator’s Guide for content sharing of information covered within the Module, as described below in subsection 11.1.A.4(c)(2).

(3) Each Module will incorporate a video component relevant to the following topics:

a. Understanding the foundation and significance of resilience;

b. The neuroscience that underpins resilience;

c. Practical strategies for cultivating psychological safety and trust;

d. The essential role of individual and team-based growth mindsets;

e. Approaches to sustaining self-care and overall well-being;

f. Methods for strengthening positive emotional intelligence and fostering positive emotions;

g. Techniques for building deeper relational connections;

h. Mindfulness techniques and practices to support resilience;

i. Creating a shared vision, purpose and values base; and

j. Actionable strategies for integrating resilience into everyday work

(c) A guide for team implementation (Guide) which includes:

(1) Participant workbooks;

(2) Leader facilitation guides;

(3) Discussion prompts; and

(4) Team exercises designed to create shared language, stronger relationships, and greater psychological safety.

5.The system will be delivered within 30 days of contract award.

6. The Training will be delivered as original source files.

a. The Contractor must provide information regarding the software used to create the source files and coordinate the transfer of these files using a method approved by DFPS Information Technology (IT).

b. Contractor project source files must:

(1) Be editable with no expiration code to allow for publishing in the LMS Station.

(2) Be compatible with one of the following authoring tools:

(a) Articulate Storyline 360, Articulate RISE 360, Adobe Acrobat, Adobe Premiere Pro, or Snag It.

(b) meet DFPS accessibility requirements by conforming to World Wide Web Consortium's Content Accessibility Guidelines (WCAG) Version 2.0 Level AA.

B. As part of the screening/selection process and before award of the contract, the top identified contractors may be asked to provide a full one-hour virtual presentation of one Training Module and a 5–10-minute overview of other Modules selected by DFPS. The one-hour presentation must also allow DFPS to view the participants and facilitator guides for relevance to the content covered.

C. The total cost of the Training will include project source files, participant and facilitator guides, labor, and any technical and/or training consultation required to ensure project source files are fully operational within the DFPS LMS and content meets expectations.

11.2 DFPS RESPONSIBILITIES

A. Provide IT and Learning & Development, internal learning management platform requirements and any consultation necessary to ensure source files are compatible for immediate use in the LMS and meet contract requirements.

B. At the discretion of DFPS, along with the HHS purchaser’s support, DFPS will schedule and participate in screening/selection process of full one-hour virtual presentation of one Training Module, 5-10-minute overview of other DFPS selected Modules, and viewing of participant and facilitator guides for relevance to the required content for top selected contractors before the award of the contract.

C. Release Training to DFPS leadership within two months of acquisition of the Training.

11.3 BOTH PARTIES RESPONSIBILITIES

A. Both parties will maintain communication within 48 hours of all additional requests for information or support upon contract award through Training installation and IT testing to ensure effective and streamlined application completion into the LMS and immediate release to Training participants.

B. Both parties will work together to determine the number of days between the award notice and the operational status of the Training system, not to exceed 30 days.

12. MINIMUM QUALIFICATIONS

A. Contractor must have academic experience, leadership experience, and have personally experienced resilience that allows them to connect with training audiences to build resilient leadership, teams, and cultures. Contractor must have an established understanding and authority of the topic of resilience as it relates to personal and organizational effectiveness by providing verification of:

1. Recognition as a leading expert in the field of resilience by combining cutting-edge research with human experiences, translating neuroscience, psychology, emotional intelligence and behavioral science into practical tools that people can apply immediately to their work;

2. Authorship of bodies of work on the topic of resilience (i.e.: books, articles, research);

3. Provision of prior keynotes, training and speaking engagements on resilience with educators, healthcare workers, social service professionals, and public sector employees who routinely face high-stress, emotionally demanding environments;

and

4. Demonstration of personal understanding of the challenges faced by professionals who support vulnerable individuals and families through crisis, uncertainty, and significant life challenges through anecdotal evidence or other communication.

B. The Bidder shall have relevant experience required for the performance of the services as outlined in this Solicitation. The minimum required experience is five years.

C. The Bidder’s personnel to be assigned to perform the services must be fully trained and, at minimum, have five years’ relevant experience.

D. All Contractor or Subcontractor personnel assigned to perform the services must be at least 18 years of age.

E. The Bidder must provide a minimum of three verifiable references for current or previous contracts of the same size and for similar or same services within the last three years. See Exhibit E – Bidder Reference Form

F. Contractor must meet DFPS accessibility requirements by conforming to World Wide Web Consortium’s Content Accessibility Guidelines (WCAG) Version 2.0 Level AA

13. DFPS REGIONS - SERVICE LOCATIONS

A Respondent may provide services in one, some or all in DFPS Regions (for map, see http://www.dfps.state.tx.us/contact_us/map.asp).

14. COST OF SERVICES

Respondents must propose the total cost to DFPS for the services described in the Scope of Work, Section 11, on Pricing Sheet and Minimum Qualifications (Exhibit D).

15. CONTRACT TERM

15.1 Initial Contract Term

DFPS will award contract to start on Date of Award, and the Contract will end on August 31, 2027, with no renewal options. DFPS reserves the right to award contracts for a Contract Term of any duration.

15.2 Extension Option

DFPS, at is sole option and subject to availability of funding, may extend the Contract beyond the initial term and all renewal periods for up to one year as necessary to ensure continuity of service, to process a new solicitation, to secure a http://www.dfps.state.tx.us/contact_us/map.asp new contract, for purposes of transition to a new Contractor, or as otherwise determined by the HHS Agency.

This extension, if exercised, will require the Contractor to continue performing services in accordance with the Contract requirements and all terms and conditions.

16. PRICING INFORMATION

16.1 Pricing Structure

Prices offered, as part of the Bidder’s response, must be firm, fixed prices for the initial term of the Contract.

The pricing must be submitted only using Exhibit D - Pricing Sheet based on the description and the unit of measure(s) provided for each line item. The unit prices must include all Solicitation requirements, including, but not limited to, labor, equipment, materials, supplies and all related expenses.

16.2 Price Adjustments

Contractors are required to immediately implement any price decrease that may become available during the contract term. Contractor must notify the designated DFPS contract manager in writing so that a Purchase Order Change Notice or Contract Amendment may be processed. The Contractor will be provided the DFPS contract manager contact information upon award.

17. INVOICING AND PAYMENTS

No payment will be made without the submission of accurate and proper invoices to DFPS based on completed services requests.

Invoices must be received at the DFPS designated location and in the format identified by DFPS in accordance with the Texas Prompt Payment Act (see Texas Government Code Chapter 2251).

18. INSURANCE

The Respondent agrees to comply with Insurance requirements in –the DFPS Vendor Uniform Terms and Conditions (Exhibit B).

19. REMEDIES AND DISPUTES

Respondent agrees to comply with the remedies and dispute requirements in the DFPS Vendor Uniform Terms and Conditions (Exhibit B) and DFPS Supplemental and Special Conditions (Exhibit C).

20. REFERENCES

Respondents must submit with response a list of business references (minimum of three) for which they have provided similar services for in the last two years – see Respondent Reference Form (Exhibit E). Respondent’s references should include at a minimum the company name, company point-of-contact, phone number, address, city, state, zip code and description of services provided, including language(s) interpreted (see Respondent

Reference Form (Exhibit E). Failure to submit required list of references may cause response to be disqualified. HHSC/PCS may contact any or all references prior to an award.

Any negative response may result in disqualification of the Respondent’s submittal.

21. MINOR INFORMALITY OR WITHDRAWAL OF RESPONSE

Responses may be withdrawn from consideration at any time prior to the response submission deadline. A written request for withdrawal must be made to the HHSC/PCS sole point of contact. A Respondent has the right to amend its response at any time and to any degree by written notice of changes or corrections in a sealed letter or carton to the Response Coordinator prior to the response submission deadline. HHSC reserves the right to waive minor informalities in a response and award a contract that is in the best interests of the State of Texas. A minor informality may include, but is not limited to, a minor irregularity or error such as a clerical error in the production of copies of the response. When HHSC determines that a response contains a minor informality, HHSC will notify the Respondent of the irregularity or error and will provide the Respondent the opportunity to correct.

22. EVALUATION

22.1 Any negative result concerning submission information, references or forms may cause response to be disqualified.

22.2 In evaluating responses to determine the best value for the State, HHSC/PCS may consider information related to past contract performance/results of a Respondent including but not limited to CPA’s Vendor Performance Tracking System.

22.3 All responses will be evaluated in a standard manner and will be rated according to the following criteria:

22.3.1 COST OF SERVICES SPECIFIED IN IFB

Costs of services are significant in the overall evaluation of the responses.

However, DFPS is not obligated to select the lowest cost response. The award will be made to the Respondent(s) whose responses are most advantageous to DFPS cost and other factors considered.

22.3.2 EXPERIENCE AND PERFORMANCE RECORD

DFPS reserves the right to consider Respondent’s experience with this agency or contact individuals or businesses, whether private or governmental, which might have information bearing on the performance record of respondents.

22.3.3 CAPABILITIES

Evaluation will be based upon your response to this IFB, overall experience, and Respondent’s capabilities with particular emphasis on the degree of supervision and number of employees that will be provided to perform this Contract.

23. AWARD

23.1 DFPS has the right to make one or more awards on the basis of a low line item, low total (group or groups) or in any other combination, to the lowest Respondent meeting or exceeding all advertised specifications, performance requirements, and terms and conditions, that will best serve the interests of the State. DFPS will be sole judge of “the best interest of the State.”

23.2 A contract award or awards will be made to the highest-ranked Respondent(s) after DFPS is satisfied that the Respondent has met stipulations contained in this IFB, and that the Respondent can perform per specifications, terms, and conditions. DFPS may http://www.window.state.tx.us/procurement/prog/vendor_performance/ also opt not to issue an award with regard to this IFB. During the life of this Contract, DFPS reserves the right to solicit for services that would normally be performed/accomplished using this Contract if it deems that by doing so would be in the best interest of the State.

24. PROTEST PROCEDURES

Texas Administrative Code, Title 1, Part 15, Chapter 391, Subchapter C outlines HHSC’s respondent protest procedures.

25. CONFIDENTIAL OR PROPRIETARY INFORMATION

25.1. Bidder Requirements Regarding Disclosure

Proposals and contracts are subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552, and may be disclosed to the public upon request. Other legal authority also requires HHSC to post certain contracts and Solicitation responses on its public website and to provide such information to the Legislative Budget Board for posting on its website.

Under the PIA, certain information is protected from public release. If Bidder asserts that information provided in its Solicitation Response is exempt from disclosure under the PIA, Bidder must:

1. Mark Original Proposal

a. Mark the Original Proposal, on the top of the front page, with the words “CONTAINS CONFIDENTIAL INFORMATION” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger); and

b. Identify, adjacent to each portion of the Solicitation Response, that Bidder claims is exempt from public disclosure, the claimed exemption from disclosure (NOTE: no redactions are to be made in the Original Solicitation Response).

2. Certify in Original Solicitation Response - HHS Solicitation Affirmations (Exhibit A)

a. Certify, in the designated section of the HHS Solicitation Affirmations, Bidder’s confidential information assertion and the filing of its Public

Information Act Copy; and

b. Submit Public Information Act Copy of Proposal

i. Submit a separate “Public Information Act Copy” of the Original

Proposal (in addition to the original and all copies otherwise required under the provisions of this Solicitation).

ii. The Public Information Act Copy must meet the following requirements:

1. The copy must be clearly marked as “PUBLIC

INFORMATION ACT COPY” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point

Times New Roman font or larger);

2. Each portion Bidder claims is exempt from public disclosure must be redacted (blacked out); and https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=15&ch=391&sch=C&rl=Y https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

3. Bidder must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection (c) of this section must be identical to those set forth in the Original Proposal as required in

Subsection (a)(2), above. The only difference in required markings and information between the Original Proposal and the “Public Information Act Copy” of the proposal will be redactions - which can only be included in the “Public

Information Act Copy.” There must be no redactions in the

Original Proposal.

By submitting a response to this Solicitation, Bidder agrees that, if Bidder does not mark the Original Solicitation Response, provide the required certification in the HHS Solicitation Affirmations, and submit the Public

Information Act Copy, Bidder’s Solicitation Response will be considered to be public information that may be released to the public in any manner including, but not limited to, in accordance with the Public Information Act, posted on the HHS public website, and posted on the Legislative Budget Board’s public website.

If any or all Bidders submit partial, but not complete, information suggesting inclusion of confidential information and failure to comply with the requirements set forth in this section, HHSC, in its sole discretion and in any solicitation, reserves the right to (1) disqualify all Bidders that fail to fully comply with the requirements set forth in this section, or (2) to offer all Bidders that fail to fully comply with the requirements set forth in this section additional time to comply.

Bidder should not submit a Public Information Act Copy indicating that the entire proposal is exempt from disclosure. Merely making a blanket claim that the entire proposal is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable, and may make the entire Solicitation Response subject to release under the PIA.

Solicitation Responses should not be marked or asserted as copyrighted material. If Bidder asserts a copyright to any portion of its proposal, by submitting a proposal, Bidder agrees to reproduction and posting on public websites by the State of Texas, including HHSC and all other state agencies, without cost or liability.

HHSC will strictly adhere to the requirements of the PIA regarding the disclosure of public information. As a result, by participating in this solicitation process, Bidder acknowledges that all information, documentation, and other materials submitted in the Solicitation Response in response to this Solicitation may be subject to public disclosure under the PIA. HHSC does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the PIA and by rulings of the Office of the Texas Attorney General. Bidders are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information.

HHSC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Bidders.

For more information concerning the types of information that may be withheld under the PIA or questions about the PIA, refer to the Public Information Act Handbook published by the Office of the Texas Attorney General or contact the attorney general’s Open Government Hotline at (512) 478-OPEN (6736) or toll-free at (877) 673-6839 (877-OPEN TEX). To access the Public Information Act Handbook, visit the attorney general’s website at http://www.texasattorneygeneral.gov.

http://www.texasattorneygeneral.gov/ http://www.texasattorneygeneral.gov/ http://www.texasattorneygeneral.gov./

Appendix A – RESPONDENT CHECKLIST FOR SUBMISSION OF RESPONSE The following is checklist of certain required and requested items in this IFB to assist the Respondent in responding to this IFB. Failure to submit required information may cause response to be disqualified.

Respondent should submit response in accordance with the instructions on Page 1 of this IFB. Response must be submitted in a sealed envelope referencing the following information in the lower left corner of the envelope: opening date & time, requisition number and Respondent’s name and address.

Respondent must sign and return Page 1 of the IFB. Unsigned responses will not be considered under any circumstance.

Respondent will complete Payee ID Number, full business name, and address of

Respondent on Page 1 of the IFB.

Respondent must read the IFB thoroughly and understand that by signing the response the Respondent represents that they have read and understood the specifications as well as the Terms and Conditions.

Respondent must submit with response a list of business references on Respondent

Reference Form (Exhibit E). Failure to submit required list of references may cause response to be disqualified.

Respondent will submit with response, the following completed forms and information. Failure to return form(s) may cause response to be disqualified.

Page 1 of the IFB with signature Exhibit A – Affirmation and Solicitation Acceptance Form Exhibit D – Pricing Sheet and Minimum Qualifications Exhibit E – Respondent Reference Form

PCS 121 Addendum Acknowledgement Form(s), (if issued), signed Copies of Certifications, License, Registration, and Permits, if applicable