ESBD_File_195183_551-20-01064 RFP TBD Performance Reviews of Home Delivered Meals Grants.docx

TEXAS DEPARTMENT OF AGRICULTURE

REQUEST FOR PROPOSALS

FOR

Performance Reviews of Home Delivered Meals Grants

RFQ/Requisition Number: 20-01064 DATE ISSUED: May 7, 2020 PROPOSAL/RESPONSE DUE: 3:00 P.M., CT June 1, 2020 PROPOSAL SUBMISSION LOCATION: Texas Department of Agriculture Stephen F. Austin Bldg.

1700 North Congress Avenue Ste. 1100 Austin, Texas 78701 National Institute of Government Purchasing Class-Item Code:

963 - 30 Delivered Meals

Lead Purchaser on the Solicitation Segundo Sanchez, CTPM Phone: 512-463-7499 Segundo.Sanchez@TexasAgriculture.gov CC: TDAPurchasing@TexasAgriculture.gov

Digest: The Texas Department of Agriculture, is seeking a qualified accounting firm to conduct comprehensive performance reviews of governmental and 501(c)(3) non-profit organizations that receive funding through TDA’s Texans Feeding Texans: Home Delivered Meal (HDM) Grant Program. Grantees are community organizations located across Texas.

V.2 2020.04

Section 1. INTRODUCTION AND SUBMISSION INFORMATION

1.1. Purpose of The Request for Qualifications

The Texas Department of Agriculture (the Department or TDA), an agency of the State of Texas, is publishing this Request for Qualifications (RFQ) to identify and select a qualified accounting firm to conduct comprehensive performance reviews of governmental and 501(c)(3) non-profit organizations that receive funding through TDA’s Texans Feeding Texans: Home Delivered Meal (HDM) Grant Program under terms and conditions established by this RFQ and TDA.

1.2. Background Information; Legal Authority

Background Information The HDM Program was established by House Bill 407 during the 80th Regular Session of the Texas Legislature to help defray the costs of providing home-delivered meals that are not fully funded by the Texas Department of Aging and Disability Services (DADS) and the Area Agency on Aging.

Under Texas Agriculture Code (Code), §12.042, the HDM Program provides funding for supplementing and extending services related directly to home delivered meal service to vulnerable populations. During fiscal year (FY) 2020, $9.2 million was granted to eligible organizations. TDA received 185 applications. Of these 185 applications, 164 organizations were funded. An organization receiving a grant is a Grantee. TDA advances payment to the Grantees; however, they are required to submit quarterly expenditure reports.

(1) Eligibility. An organization is eligible to receive a grant under the HDM Program if it:

a. Administers a home-delivered meal program and is a direct provider of home delivered meals to elderly persons and/or persons with a disability,

b. Has a volunteer board of directors (if a non-profit private organization),

c. Practices non-discrimination,

d. Has an accounting system or fiscal agent approved by each county where it provides meals,

e. Has a system to prevent the duplication of services to clients,

f. Has received a grant from each county in which the organization is delivering meals,

g. Has submitted an application to TDA; and

h. Agrees to use grant funds received from TDA only to supplement or extend existing home delivered meal services.

(2) Requirements. Grantee must:

a. Ensure that each meal funded by a grant from TDA meets 1/3 of the recommended dietary allowance for adults and the and the Dietary Guidelines for Americans, or Dietary Reference Intakes as established by DADS;

b. Follow procedures and maintain facilities that comply with all applicable federal, state, and local laws and regulations related to fire, health, sanitation, and safety, and obtain all necessary permits, including food preparation, handling, and service activities;

c. Provide meals in accordance with the service requirements outlined in Title 55 Texas Administrative Code, §55.27(a) and (c), or other applicable local, state or federal regulations relating to the delivery, transportation packaging of home delivered meals, or the handling of undelivered meals;

d. Document that persons receiving a meal are homebound elderly persons (60 years old or older) or homebound persons with a disability; and

e. Retain all financial and statistical records, supporting documents, and all other records relating to grant funds received.

Additional resources and information on TDA and/or the HDM Program for response to this RFQ are available at:

· Texas Agriculture Code §12.042;

· Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter O; and

· TDA or the HDM Program at www.TexasAgriculture.gov.

LEGAL AUTHORITY

This RFQ is issued pursuant to TDA's authority in Chapter 12 of the Texas Agriculture Code and pursuant to Texas Government Code, Title 10, Subtitle D, Chapter 2156, Subchapter C, Sections 2156.121 – 2156.127. Competitive sealed proposals will be received until the deadline set forth below in this RFQ. Pursuant to Section 2155.131 of the Texas Government Code and 34 TAC §20.82, the Office of the Texas Comptroller of Public Accounts (CPA) has delegated authority to TDA to publish this RFQ and make an award as provided below.

1.3. DEFINITIONS

The following words and terms shall have the following meanings unless the context clearly indicates otherwise. These definitions shall apply to this RFQ, including the Terms and Conditions attached to the RFQ, and any Contract or Amendment entered into by the parties as a result of this RFQ.

Amendment means the final written agreement signed and dated by TDA and any Respondent(s) selected for an award as a result of this RFQ subsequent to the Effective Date of the Contract, which amends, changes, extends, modifies or revises the Contract.

CMBL means the Centralized Master Bidders List, which is a public website comprised of businesses interested in contracting with the state. It can be used by Contractors to identify potential subcontractors and Historically Underutilized businesses.

Contract means the final written agreement signed and dated by TDA and the Respondent(s) selected for an award as a result of this RFQ, and includes the RFQ and all attachments, the proposal(s) of any Respondent(s) selected for an award, any appendices, final offers, amendments to the solicitation, schedules, or special provisions incorporated into the Contract.

Contract Manager means a person designated by TDA or Contractor that is responsible for invoicing and payment under the Contract, and for monitoring the overall progress of the Scope of Work required by the Contract. Either party may designate the same individual to be both the Contract Manager and the Project Manager.

Contractor means an entity or individual selected for an award as a result of this RFQ, that enters into a Contract to complete the Scope of Work described in this RFQ and the Contract.

Disability means a physical, mental or developmental impairment, temporarily or permanently limiting an individual’s capacity to adequately perform one or more essential activities of daily living, which include, but are not limited to, personal and health care, moving around, communicating and housekeeping.

Effective Date means the date TDA's Deputy Commissioner or duly authorized designee signs and dates the Contract.

Elderly means an individual who is 60 years of age or older.

ESBD means the Electronic State Business Daily, which is a public website for posting state contracting opportunities managed by the Comptroller of Public Accounts (CPA) Grantee means an individual or organization that has received funds from TDA to carry out certain requirements of the Home Delivered Meals program at the local level.

Homebound means a person who is unable to leave his or her residence without aid or assistance or whose ability to travel from the residence is substantially impaired.

Intellectual Property means worldwide legal rights or interests in intangible property evidenced by or embodied in: (1) any idea, design, concept, method, process, technique, apparatus, invention, discovery, or improvement that is capable of being patented; (2) any copyright or patent; (3) any work that is capable of being copyrighted, including moral rights or neighboring rights; (4) any trademark, service mark, certification mark, trade dress, trade name, or other indicia of source or origin; (5) any design, display, graphic design, letter or letter combination, logo, mark, number or number combination, phrase, word or word combination that indicates the origin, quality or source of goods or services and that is capable of being copyrighted; and (6) any rights, interests or property similar in kind or nature to the rights, interests or property described in Section 1.2.C(1) – (5) of this RFQ. The Intellectual Property of a party include all worldwide intangible legal rights or interests that the party may have acquired by assignment or license with the right to grant sublicenses.

Project means the purpose, result or work to be accomplished as a result of the Contract.

Project Manager means the person assigned by TDA or Contractor that is responsible for managing the day to day work of the Contract.

Proposal means a response submitted to TDA as a result of this RFQ.

Respondent means an entity or individual that submits a Proposal.

Scope of Work or Statement of Work means the deliverables, services and work set out and defined in the Contract and described in Section 5 of the RFQ.

TDA means the Texas Department of Agriculture. TDA may also be referred to as the "Department."

1.4. CONTRACT TERM | RENEWAL | NO EXCLUSIVITY IN AWARD

The term of any contract awarded under this RFQ, if any, shall be from the date a contract is finalized as a result of an award under this RFQ through August 31, 2017. Unless terminated in accordance with the provisions of this Contract, TDA has the option to renew the Contract for up to three (3) consecutive additional one (1) year periods, one year at a time, with the term of each such renewal option commencing on September 1 following the expiration of the preceding one-year term of the Contract. Upon renewal of this Contract, a contract amendment will be reduced to writing and executed by all parties. In case of a renewal or extension, all original contract terms and conditions survive the termination or expiration of the initial contract term.

Upon renewal or extension of this Contract, TDA reserves the right, which it may exercise in its sole and absolute discretion, to increase or decrease the Contract's budget or annual not-to-exceed amount. If a contract renewal or extension amendment increases the Contract budget or annual not-to-exceed amount by more than 25% of the preceding year's Contract budget or annual not-to-exceed amount, TDA may be required to republish a solicitation for the goods or services that are the subject of this Contract, using competitive bidding or other approved form of competitive procurement, because such increase may constitute a material change under the circumstances.

There shall be no exclusivity under any contract awarded pursuant to the terms of this RFQ. TDA may re-solicit the services under this RFQ at any time for any reason if it is in the best interests of TDA, the program, or the State to do so.

The parties shall manage changes to this Contract in writing. Any proposed amendment to work to be performed, whether initiated by TDA or the Respondent must receive final written approval in the form of a contract amendment or a Purchase Order Change Notice (POCN).

1.5. DEADLINE FOR PROPOSALS

All proposals submitted in response to this RFQ must meet the following submission and receipt conditions in order to be considered. Failure to meet these conditions shall result in disqualification of the proposal and the proposal shall receive no further consideration.

Proposals must be received no later than:

3:00 P.M. Central Time (CT), June 1, 2020 Hard copy proposals and samples shall be delivered to:

Texas Department of Agriculture Stephen F. Austin Bldg.

Attention: Financial Services, Procurement 1700 N. Congress Avenue, 11th Floor Austin Texas 78701 Proposals must reference the solicitation number: RFQ/Requisition Number: 551-[0-0000] on the cover page. Proposal packages must be marked with “CONFIDENTIAL”, and the RFQ number in large font on the outside of the package.

All times are Central Standard Time, and dates are subject to change. Proposals may be modified or withdrawn at any time prior to the proposal due date. No changes or withdrawals will be allowed after the proposal due date and time.

TDA in its sole discretion determines the official time and place for purposes of receiving proposals. TDA will not consider for any reason late proposals, or proposals not delivered to TDA staff in its offices. All submitted proposals become the property of TDA after submission by the deadline. Facsimile (FAX) or email transmissions of proposals are not acceptable methods of responding to this RFQ, and such will not be accepted unless approved by the lead buyer in response to a disaster directly impacting transportation and delivery services.

1.6. SCHEDULE OF EVENTS | CRITICAL DATES

The schedule of events for this RFQ is provided below. TDA reserves the right to adjust the schedule as events may require.

0. Table of Events and Dates

0. Surplusage.

Any additional terms and conditions attached to or contained in a proposal submitted in response to this RFQ will not be considered unless specifically explained in the proposal, and, in TDA's sole and absolute discretion, may result in disqualification of the proposal. Exceptions are further discussed in Subsection 2.3.

1.7. REGISTRATION TO DO BUSINESS IN THE STATE OF TEXAS

Any Respondent selected for an award under this RFQ must:

1. have a current Texas Identification Number issued by the Texas Comptroller of Public Accounts (CPA), and

(1) be current in all required business filings, including franchise tax filings, with the CPA and the Texas Secretary of State.

(2) be current in the payment of all local or State of Texas taxes and fees.

(3) be registered by the Secretary of State as a foreign entity authorized to do business in Texas. If incorporated in a jurisdiction outside of Texas. See statutory requirements in Chapter 9 of the Texas Business Organizations Code if meeting the definition of a foreign entity defined by Section 1.002(28) of the Texas Business Organizations Code.

Failure to meet the requirements in this Section 1.7 shall result in disqualification of the Proposal and/or termination of an award or Contract resulting from this RFQ.

Proof of compliance with this subsection must be confirmed prior to award.

1.8. POINT OF CONTACT | INQUIRIES | IRREVOCABILITY OF OFFER

Respondents shall direct all inquiries and communications concerning this RFQ to the Point of Contact listed below in writing by email. Any person wishing to obtain clarifying information concerning this RFQ shall contact:

Segundo Sanchez Lead Purchaser for RFQ Texas Department of Agriculture Phone: (512) 463-7499 Segundo.Sanchez@TexasAgriculture.gov cc:Purchasing@TexasAgriculture.gov Respondents shall use Exhibit F for submitting questions during the posting period (date of publication through deadline for submitting questions) on the ESBD.

Respondents shall make no contact with other TDA personnel regarding this RFQ, except as permitted by the TDA Purchaser as listed above. Failure to comply with these requirements may result in disqualification of the Respondent's Proposal. If a contract is awarded under this RFQ, Contractor shall communicate with the Project Manager or other TDA employee designated for management of the Contract.

The submitted proposal cannot be withdrawn or revoked after the submission deadline has passed.

1.9. NO CONFLICT OF INTEREST

In submitting a proposal in response to this RFQ, Respondent represents and warrants to TDA that it and each of its subcontractors have the requisite resources, qualifications, and independence to perform the services free from outside direction, control, or influence, and subject only to the accomplishment of TDA’s objectives. Respondents that cannot make this representation and warranty should not respond to this RFQ.

In its proposal, each Respondent must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to Respondent’s and its proposed subcontractors’ submission of a proposal, possible selection as Contractor or its performance 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 TDA and between Respondent’s proposed subcontractors, if any, and TDA. For purposes of this disclosure requirement, “past” is defined as within the two (2) calendar years prior to the deadline for submission of proposals in response to this RFQ. For purposes of this disclosure requirement, “TDA” includes the Commissioner of Agriculture and the agency’s current or recent former employees. “Recent former employee” is an individual who resigned or terminated employment with TDA within the two (2) calendar years prior to the deadline for submission of proposals in response to this RFQ. 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 Contractor or its performance of the Contract.

For purposes of this RFQ, “personal relationship” is defined as a current or past association other than a clearly contractual, business, financial or similar relationship and includes family relationships or other connections that are more significant than simply providing a response to this RFQ. For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity. Chapter 573 of the Texas Government Code defines relationships that are within the third degree of consanguinity or the second degree of affinity. Associations other than 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 TDA or the state under the Contract. Connections also fall within the scope and requirements of this section if a reasonable person could expect the connection to create a potential appearance of impropriety or conflict of interest. A relationship between TDA and another State of Texas employee may constitute a conflict of interest if the other State of Texas employee has a relationship with Respondent that could be used to influence an individual with authority to make decisions or recommendations on state contracting, procurement or this RFQ. Those persons with authority to make such 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 in response to this RFQ, Respondent affirms that it has not given, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or any employee or representative of same, in connection with this procurement.

Respondents must disclose any proposed personnel under the contract who are current or recent former employees of TDA or the State of Texas. Recent former employees are defined above.

Disclosures under this Section 1.10 will be evaluated by TDA. An actual or perceived conflict of interest will not necessarily lead to a restriction or disqualification. Issues will be considered on a case-by-case basis in the best interests of the agency and the State of Texas.

If a Respondent is in doubt about whether information should be disclosed, Respondent should consult with its legal counsel. Failure to disclose any information required under this section may be cause for proposal disqualification or termination of a contract resulting from this RFQ. TDA reserves the right, in its sole and absolute discretion, to determine if an issue should result in proposal disqualification or Contract termination.

Respondent has a continuing duty to disclose an actual or perceived conflict of interest if circumstances change or additional information is obtained subsequent to submission of a proposal. A Contractor is under a continuing duty to disclose an actual or perceived conflict of interest as described in this section throughout the term of the Contract and any renewal. The duty to disclose an actual or perceived conflict of interest does not end with submission of a proposal or receipt of contract award.

Pursuant to Section 2252.901 of the Texas Government Code, Respondents shall make full disclosure of a former or retired employee of TDA that is the Respondent’s agent, consultant, contractor, or employee, or that Respondent intends to employ or retain as a contractor subcontractor. Within the first twelve months of leaving employment at TDA, a former or retired TDA employee shall not perform services on a project, or fill a position with Respondent, that the former or retired TDA employee worked on or held while employed at TDA.

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RFP 551-20-01064

PROPOSAL CONTENT INSTRUCTIONS

This solicitation provides the roadmap for a successful proposal submission. Although all requested information is required some requirements must be included, or the proposal will automatically be rejected as non-compliant with the solicitation.

Failure to provide all required information, certifications, and signatures will result in disqualification of the proposal, in which case the proposal will receive no further consideration.

Failure to provide all requested information may also result in a lower score during evaluation.

TDA reserves the right to reject any and all proposals and to negotiate portions thereof including cost or budget. TDA reserves the right to select the best proposal considering the outcomes desired.

2.1. REQUIREMENTS THAT MUST BE IN THE PROPOSAL FOR ACCEPTANCE

0. GENERAL REQUIREMENTS.

The proposal must include the requirements of and be submitted in the order of the Content and Order table in Section 3–Proposal Format. Certain requirements are essential to an accepted proposal such as:

1. State of Texas Vendor Tax ID, which is located on the Vendor Information form.

2. Properly marked electronic copies as defined in Subsection 3.1.

3. Proposed project plan and proposed project schedule.

4. Proposed budget/fees for completion of the work on (Exhibit C )

5. Firm and team qualifications in acceptable format

6. Ethics disclosures

7. Client references

2.2. ASSUMPTIONS MADE IN PREPARING THE PROPOSAL

The posted solicitation will have a period for questions in which Respondents can get clarification on the solicitation. However, if the Respondent makes one or more assumptions in preparing a proposal, the assumptions must be included and explained.

For purposes of submission, TDA assumes that the Respondent has completely read the solicitation and has asked all questions necessary to an understanding of the requirements and obligations prior to submission of the proposal.

2.3. EXCEPTIONS TO SOLICITATION REQUIREMENTS

A requirement for submission of the offer includes accepting required state terms and conditions. Depending on the funding source, most of the terms are required by state or federal government. The Respondent can take exception to a term or requirement, but that exception does not override the acceptance of the terms and requirements when submitting the signed proposal. A requested exception will be reviewed at the point of any award, and either granted, granted with amendment, or rejected by TDA in its sole discretion.

2.4. SIGNATURES IN THE RESPONSE

All respondents must sign the:

A. Execution of Offer (Exhibit A).

B. Conflict of Interest Statement Exhibit D) C. Cost Proposal (Exbibit C) D. HUB Subcontracting Plan if proposed cost is over $80,000 (Exhibit W) E. Key Persons Ethics Statement (Exhibit ?)

By signing the required forms, Respondent or Respondent’s legally authorized agent represents and warrants that all statements within the proposal are true and correct. Discovery of any false statement in the proposal is a material breach and shall void the submitted proposal or any resulting contracts; in such case, Respondent shall also be removed from all bidder eligibility lists maintained by TDA.

2.5. Demonstration of Contractor Qualifications

Respondents shall provide firm and staff capabilities specific to the Statement of Work, including but not limited to:

A. Organization chart B. Brief history of the firm, the year the firm started, and the size of the largest project (campaign, etc.) successfully delivered by the firm to date.

C. Management team resumes documenting required qualifications and the role each has in the project D. Key personnel resumes documenting required qualifications and the role each has in the project E. Completion of the Financial Responsibility Questionnaire (Appendix F) Respondents must provide three state client references on projects performed within the last three years, preferably of like agency size and project scope to this solicitation. References must be listed with the following information provided:

1. Name of Agency

2. Contact information for the person supervising the project (name, phone, and email address)

3. Brief scope of the project

4. When the project was delivered.

5 Was the project delivered on or under budget.

Failure to provide documentation that qualifications have been met will cause rejection of proposal as non-responsive.

2.6. PRICING REQUIREMENTS

0. Base Pricing:

All Respondents must provide a complete, detailed and broken-out itemized cost proposal. Respondents should propose the hours needed to perform the review and the hourly rate as detailed in Appendix C.

If travel is an expense, whether it is built into the hourly rate or agreed by TDA as a separate billable cost, travel costs should be consistent with the rates approved for employees of the state.

Respondents are encouraged but not required to identify areas where costs for requested activities and deliverables could be reduced without sacrificing the quality of the resulting product or services.

Contractors should submit an estimate of the proposed project price presented in the format provided in the Attachments to this RFQ. Do NOT use “TBD” (to be determined) or similar annotations in the areas for price. All blanks must be completed.

All Respondents are encouraged but are not required to submit proposed “value-added” services or components for consideration and evaluation by TDA, with corresponding costs for such additional services. However, value-added services, if any, shall be at the sole discretion of TDA and there is no guarantee of acceptance of any such value-added services or components.

The Contractor’s submitted cost proposal covers all requirements and deliverables unless otherwise specified as a value-added service.

Price to Value Respondents must identify all activities/work plans and submit a corresponding budget detailing costs for each activity line item necessary to meet the requirements and deliverables solicited. The activity list and detailed budget must be submitted in Excel, or compatible format. Please See Attachment C for preferred fee proposal and schedule template.

Costs must be justified in terms of activities, must be reasonable, consistent with current market price and necessary to accomplish the work outlined in the RFQ. The budget must evidence that financial resources are adequately and appropriately allocated among cost categories in a cost-effective and prudent business manner to accomplish the work. Services to be purchased from other agencies, subcontractors, including any amounts subcontracted to HUBs, consultants, and others must be specified. Equipment that will be purchased to provide solicited services must be specified if, either directly or indirectly, it is included in the prices proposed.

PROPOSAL FORMAT

3.1 PROPOSAL FORMAT

All Respondents must submit two (2) printed copies of the proposal and one (1) electronic CD or USB device formatted as detailed below. Proposals must be submitted in a manner which does not carry any benefit, keepsake, or value for members of the evaluation committee.

0. Proposals must be formatted as follows:

1. Printed Copies

a. Formatted and Written on 8 ½” x 11” paper

b. Three-hole punched OR submitted in three ring binders.

c. Sequentially numbered pages from front to back. (1, 2, 3, etc.).

d. Tabs between each Section, in sequence as detailed in Section 3.2 Table 3.

1. Electronic Copies

a. By submitting a proposal, permissions to edit, print, copy, and distribute as authorized under public information or other law is given to TDA. Three (3) versions of the proposal must be submitted on approved electronic media as described below.

b. One unmarked copy of the entire proposal (including all attachments). This copy must be in PDF or MS Word and accessible to TDA staff.

c. One marked copy of the entire proposal identifying claimed proprietary and confidential information. Markings can be made by highlighting the claimed information and marking as proprietary, confidential, or both in a comment. See also instructions in Section 3.6.

d. One redacted copy of the entire proposal that makes the confidential or proprietary information claimed in c) above unreadable. Redaction can be made in MS Word by highlighting the confidential words in black.

e. Formatted headings in MS Word that allow for navigation to specific sections electronically. Include section number in each section heading. See above Section 3 heading as an example. This can be accomplished using the Table of Contents feature.

f. Should a request for the proposal be submitted under the Public Information Act, and should TDA decide in its sole discretion to request an Attorney General’s opinion on the request, the redacted version will be provided to the requestor while the unredacted version identifying the claimed proprietary and confidential information will be submitted for opinion.

Table of Contents and Order of Proposal

1. Assumptions Underlying the Proposal

2. Exceptions Taken to RFQ Requirements Section 2.2

Key TDA Contracting Personnel Texas Ethics Commission Form (over $1M)

SPECIAL PROVISION C - Lobbying Certification

SPECIAL PROVISION B - Debarment and Suspension Certification

(REQUIRED FOR ALL FEDERALLY FUNDED CONTRACTS)

TAB P

HUB Subcontracting Plan

3.2 DISCLOSURE OF PROPOSAL CONTENT

TDA will not consider any proposal bearing a copyright. Copyrighted proposals submitted in response to this RFQ are subject to immediate disqualification and such proposals, if any, will receive no further consideration.

Proposals are subject to the Texas Public Information Act (PIA), Texas Government Code, Chapter 552, and may be disclosed to the public upon request. All proposals and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure applies.

If it is necessary for Respondents to include proprietary or otherwise confidential information in proposals or other submitted information, Respondents must clearly label the proprietary or confidential information and identify the specific exception to disclosure in the PIA. Merely making a blanket claim the entire proposal is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire proposal subject to release under the PIA. In order to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of proposals that are considered by Respondents to be proprietary or confidential must be clearly labeled as described below. Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA. Subject to the Public Information Act, Respondents may protect trade and confidential information from public release. Trade secrets or other confidential information, submitted as part of a proposal, must be clearly marked at each page it appears. Such marking shall be in boldface type at least 14-point font.

Pursuant to Section 2261.253 of the Texas Government Code, TDA is required to post electronic copies of the awarded contract and winning proposal on its website. To ensure that there is no release of confidential, privileged, proprietary, or trade secret material contained in Respondent's proposal, Respondent must submit a redacted copy of its proposal for posting on TDA's website, in addition to its responsive copy which identifies confidential, proprietary, privileged and trade secret material in accordance with this Section 3.6. In the event TDA receives a PIA request for Respondent's unredacted proposal, TDA will notify Respondent in accordance with Section 552.305 of the Texas Government Code. However, TDA is not obligated to seek an Attorney General opinion if it determines the material contained in Respondent's proposal is not exempt or protected from disclosure under the PIA. In such event, Respondent may independently pursue its remedies provided under the PIA and applicable Texas Supreme Court precedent.

3.3 AMENDMENTS TO THE SOLICITATION

Any amendment to this solicitation will be posted as an addendum on the Electronic State Business Daily (ESBD). It is the responsibility of interested parties to periodically check the ESBD for updates to the RFQ prior to submitting a Proposal. Respondent’s failure periodically to check the ESBD will in no way release the Respondent from the requirements of “addenda or additional information” nor will any resulting additional costs to meet the requirements be allowed after award(s). Proposals are irrevocable for 90 calendar days from the deadline for submission. This period may be extended at TDA’s request if made in writing to Respondent.

3.4 HUB SUBCONTRACTING PLAN REQUIREMENTS

It is the policy of TDA to promote and encourage contracting and subcontracting opportunities for State of Texas certified Historically Underutilized Businesses (HUBs). While all solicitations will not have opportunities for subcontracting, it is probable that contracts valued at $80,000 and above will have opportunities to subcontract. All Respondents are encouraged to subcontract with certified HUBs when feasible. Eligible Respondents are encouraged to become HUB certified. State of Texas HUB applications and eligibility requirements may be found at: https://comptroller.texas.gov/purchasing/vendor/hub/

0. Contracts $80,000 and Above In order to be responsive to this solicitation, each Respondent submitting a proposal that meets or exceeds $80,000 for the term of the contract (original term plus all potential renewals identified in this RFQ) must fill out a HUB Subcontracting Plan (HSP) Form, sign the form, and submit it with its proposal. Respondent must make a good faith effort and solicit a minimum of three Texas certified historically underutilized businesses from the state’s Centralized Master Bidders List (CMBL) for work that it cannot complete with its own staff and resources. Respondents must also notify minority or women trade organizations or development centers of subcontracting opportunities. Additional requirements are listed in the HSP (Attachment C). Pursuant to 34 TAC 20.284, the HUB subcontracting goal for this procurement is 26% minority and/or woman owned business participation.

All Respondents are required to complete and submit one or more sections of the HSP Form.

· If Respondent is a HUB, an HSP is still required in order to identify the percentage of the work to be performed by subcontractors.

· If Respondent (HUB or non-HUB) is not subcontracting any portion of the work, the Self-Performance portion of the HSP must be completed and returned with the proposal response.

Attachment C provides a checklist that details the sections to complete depending on the responding company’s ownership and intended performance. The checklist is a good way to make sure the HSP is correctly completed.

0. Contracts under $80,000 A HUB Subcontracting Plan (HSP) is not required for this procurement if your proposal is less than $80,000 calculated on the original term plus all renewal opportunities defined in this RFQ. However, all Respondents/Contractors are strongly encouraged to make a good faith effort to seek HUB participation.

0. How to Find Texas Certified HUBs for Subcontracting Opportunities Use the Centralized Master Bidders List (CMBL)/HUB Directory on the Comptroller of Public Accounts website

1. Go to the Search for Vendor page.

2. Search FOR: HUBs Only to see registered and unregistered HUBs. If you only want to see HUBs registered on the CMBL, check HUBs on CMBL.

3. Select search method: Multiple Vendor Search (by NIGP Class Code) Examples:

NIGP Class Code: #915 – Communication and Media Related Services Item: # 80 Typing and Word Processing NIGP Class Code: #918 – Consulting Services Item: # -04 Accounting, Audit and Budget Consulting Item: # -25 Compliance Consulting Item: # -58 Governmental Consulting NIGP Class Code: #918 –Data Processing, Computer, Programming, and Software Services Item: # -21 Data Entry To see the items associated with any particular class, click on the Class number in the Commodity Book at: https://comptroller.texas.gov/purchasing/nigp/

4. Customize report by selecting Fields for Output and Output Options

5. Click Submit Search.

Questions about the HSP Form, finding HUB vendors, or the State of Texas HUB Program, should be directed to Jack Hammond the Coordinator of HUB/MWBE Programs, by phone at 512-463- 8496 or by email at HUB@texasagriculture.govt Additional information and training regarding how to complete a HSP can be found on the CPA Website at the following link: https: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php Additional minority and women owned business association resources are available for subcontracting notices at: https://comptroller.texas.gov/purchasing/vendor/hub/

EVALUATION OF PROPOSALS

4.1 COMPETITIVE SEALED PROPOSALS

TDA may award contract(s) in accordance with the Competitive Sealed Proposals process as authorized by Texas Government Code §2156.121. As such, TDA will evaluate Respondents’ proposals on a variety of factors in addition to price. TDA is not authorized to conduct public proposal openings or tabulations prior to award of any contract(s) awarded pursuant to this RFQ.

TDA reserves the right to award contract(s) without any negotiation and reserves the right to not make any contract awards under the terms of this RFQ.

Respondent is strongly encouraged to provide its best price in its proposal because TDA makes absolutely no guarantee that there will be any opportunity to negotiate or provide alternative pricing at any point during the RFQ process. TDA may limit the number of proposals to a competitive range consisting of the greatest number of proposals that will permit efficient competition among Respondents based on the proposed pricing and criteria specified in the RFQ. TDA may seek additional information and solicit best and final offers only from those Respondents determined to be in the competitive range.

Discussions may be conducted with Respondents that submit proposals determined to be reasonably likely to be selected for award, for the purpose of clarification and to ensure full understanding of all terms and conditions of a proposal submitted in response to this RFQ, including the requirements of any resulting contract. In conducting these discussions, there shall be no disclosure of any information derived from proposals submitted by competing entities.

4.2 REVIEW OF PROPOSALS

TDA will begin review of proposals as soon as is practical after receipt. In TDA’s sole and absolute discretion, Respondent may be asked to make an oral presentation of its proposal at TDA's headquarters in Austin, Texas. If applicable, proposals will be rated again following oral presentations.

By law, TDA may not disclose any information regarding a proposal until a contract is executed by both parties. Upon contract award, TDA will post the Notice of Award on the ESBD at: http://esbd.cpa.state.tx.us/. Additional copies of proposals not selected for award will be disposed of in accordance with the agency approved records retention policy.

4.3 EVALUATION CRITERIA

Proposals will be evaluated and selected based on best value considerations to the state, including the demonstrated ability of each Respondent to carry out all requirements contained in this RFQ. A Respondent who is in default or otherwise not in good standing under any other current or prior contract with TDA will not be eligible for award of this contract.

TDA will base its selection on, among other things, demonstrated competence, the proposed Risk Analysis Tool, and the proposed Monitoring Plan. All state agencies report unsatisfactory performance on purchases over $25,000. Agencies report satisfactory and exceptional vendor performance to assist in determining best value to the state. In accordance with Texas Government Code Sections §§2155.074 and 2155.75, Respondent’s performance may be used as a factor in contract awards. In this instance, reported performance will be included as part of the evaluation of competence.

TDA will evaluate Respondent’s proposal submitted in response to this RFQ based on Respondent’s processes, products, and services and the criteria set forth below.

Table of Evaluation Criteria

· Required and preferred experience

· CPA license.

· Project Lead with 7 years of conducting comprehensive performance reviews of governmental and 501(c)(3) non-profit organizations that receive funding through the State.

· Experience providing advice to Texas state agencies regarding performance monitoring of State program.

· Firm’s relevant practice with Generally Accepted Government Accounting Standards, Generally Accepted Accounting Principles.

· Knowledge of Firm in Specific Area such as Federal Regulations for Grants, Unified Grant Management System.

· Availability of proposed team throughout the engagement | project management.

· Proposed resources sufficient to ensure product will be delivered on schedule.

· Approach includes quality assurance.

· Proposed schedule reasonable for TDA resources and commitments.

· Reasonableness and Effectiveness of Proposed Monitoring Plan and Risk Analysis Tool.

· Submitted response is thorough and demonstrates awareness of TDA needs.

· Tasks needed to deliver fully under the contract are well defined.

· Proposal is thoughtfully developed and did not just repeat SOW requirements.

· Proposal identifies areas where firm has unique qualities to bring to project.

If a contract is awarded under the terms of this RFQ, such award will be made to the Respondent that meets all criteria required by TDA and which TDA determines, in its sole and absolute discretion, represents the best value for the state.

4.4 EVALUATION OF PROPOSALS

Proposals will be selected based on the ability of each Respondent to perform the requirements contained in this RFQ.

TDA will evaluate proposals in accordance with the selection criteria specified in Section 4.3 of this RFQ. Submission of a proposal indicates the Respondent’s awareness of the evaluation process set forth in this RFQ and Respondent’s acknowledgement that subjective judgments may be made by TDA during the evaluation process.

4.5 DISCUSSIONS WITH RESPONDENT

TDA may conduct discussions with any Respondent that appears to be eligible for award, pursuant to the selection criteria set forth in this RFQ. In conducting the discussions, TDA will not disclose information derived from proposals submitted by competing Respondents.

4.6 BASIS OF AWARD

The selection will be based on the evaluation criteria set forth above, as well as best value considerations to the state, including demonstrated competence, experience, knowledge and qualifications, the evaluation criteria and weights outlined above, as well as the proposed fee and costs for all or each portion of the deliverables, goods, services, or work requested under this RFQ as determined by TDA in its sole and absolute discretion. TDA has not committed itself to make an award or retain a Contractor based on the issuance of this RFQ, nor does the suggested scope of services or terms of agreement below require that TDA make an award or retain a Contractor for any or all of those purposes. TDA reserves the right to make those decisions after receipt of proposals and TDA’s decision on these matters is final.

4.7 SELECTION OF CONTRACTOR(S)

Contractor selected for award, if any, will be the Respondent(s) whose proposal, as determined by TDA, represents the best value to the state. TDA reserves the right to reject any or all proposals or any portion of any proposal submitted which, in TDA’s opinion, is not in the best interest of TDA. TDA reserves the right to negotiate individual elements of any proposal. TDA reserves the right to meet with and negotiate terms with one or more Respondents. All Respondents acknowledge that TDA is not bound to accept the lowest-priced proposal.

Awards, if any, under this RFQ are at the discretion of TDA and the agency reserves the right to award one or several contracts, in order to meet its objectives. Any award resulting from this solicitation will be posted on the ESBD located at: http://esbd.cpa.state.tx.us.

STATEMENT/SCOPE OF WORK (SOW) – SPECIFICATIONS | REQUIREMENTS | DELIVERABLES

This section comprises essential contract requirements.

5.1 SPECIFICATIONS | REQUIREMENTS

0. CONTRACTOR QUALIFICATION DOCUMENTATION

1. Name and title, contact information for each member

(7) Resume detailing professional background, experience and knowledge of the subject matter documenting minimum requirements.

(8) Listing of similar programs in which the firm has assisted or served as an auditor, consultant, monitor or reviewer, the name of the staff participating the role performed and whether the firm was hired to assist or provide the service.

(9) Documentation from the Texas State Board of Public Accountancy showing license is active and clear disciplinary history.

(10) Chart showing positions and reporting hierarchy for project

0. FIRM AND TEAM QUALIFICATIONS:

1. Description of the firm’s relevant practice experience, including conducting comprehensive performance reviews of governmental and 501(c)(3) non-profit organizations, and advising state agencies regarding performance monitoring of state programs.

1. Project Lead with at least seven (7) years of experience conducting comprehensive performance reviews of governmental and 501(c)(3) non-profit organizations receiving funding through the State.

1. Staff conducting reviews holding current licenses from Texas State Board of Public Accountancy, with no public disciplinary history in Texas or elsewhere.

1. Experience providing advice to Texas state agencies regarding performance monitoring of State programs.

1. Commitment to representing the Department in stated job duties until the term of the contract ends.

1. Skilled in conducting and completing performance reviews of the nature required in the contract according to Generally Accepted Government Auditing Standards and Generally Accepted Accounting Principles for to non-profit organizations.

1. Description of the efforts made by the firm to encourage and develop the participation of women and minorities.

1. Assigned Managers skilled in supervision and management of large projects with multiple stages and tasks overlapping on the project (plan, schedule, timeline/?).

1. Financial stability and organizational capability to perform for the term of the contract.

0. Project Staffing Requirements:

1. Dedicated key staff for the entirety of the contract.

1. Dedicated project manager to…