ESBD_File_323070_701-23-008 Recruitment and Staffing Search Firm Final for ESBD.pdf

Summary

TEA is requesting proposals from qualified respondents to assist the Human Resources (HR) Director of TEA, or designee, in the recruitment of executive positions, various mid to high-level management positions, and/or difficult to recruit specialized positions for the agency on an as-needed basis.

Authorized by: 87th Legislature, General Appropriations Act, Article

III

Proposals are due June 1, 2023- 2:00 P.M. Central Time

TEA Contracts and Purchasing Division TEASolicitations@tea.texas.gov

Kem David

RFP 701-23-008, RECRUITMENT

AND STAFFING SEARCH FIRM

mailto:TEASolicitations@tea.texas.gov

Table of Contents

1. Purpose, Background, and Scope of Work

1.1. Purpose

1.2. Background and Defined Terms

1.3. TEA Mission and Procurement Authority

1.4. Anticipated Schedule of Events

1.5. Contract Term

1.6. Budget

1.7. Scope of Work, Project Description, and Project Requirements

1.8. Project Deliverables and Milestones

1.9. Collaboration

1.10. Contract Monitoring and Dispute Resolution Procedures

2. Submission Process and Instructions

2.1. Proposal Format

2.2. Electronic Submission Process

2.3. Communication

2.4. Proposal Requirements

2.5. Conflict of Interest

3. Proposal Format and Content

3.1. Proposal Checklist

3.2. Understanding of the Project, Methodology, and Technical Components

3.3. Management Plan, Experience, and Qualifications

3.4. Task, Activity, Deliverable, and Budget Plan

3.5. Proposers Financial Capability

4. Proposal Review and Evaluation

4.1. Proposal Review

4.2. Evaluation Criteria

5. Contractual Requirements

5.1. Incorporation and Order of Precedence

ATTACHMENT A: NOTICE OF INTENT TO SUBMIT A PROPOSAL

ATTACHMENT B: CONTRACT TERMS AND CONDITIONS, RESPONSE PREFERENCES, AND EXECUTION OF OFFER26

ATTACHMENT C: HISTORICALLY UNDERUTILIZED BUSINESS SUBCONTRACTING PLAN

ATTACHMENT D: PROPOSAL COVER PAGE AND CHECKLIST

ATTACHMENT E: TASK, ACTIVITY, DELIVERABLE, AND BUDGET PLAN

ATTACHMENT F: INTENTIONALLY OMITTED

ATTACHMENT G: CONFLICT OF INTEREST ANALYSIS FORM

1. Purpose, Background, and Scope of Work

1.1. Purpose

The Texas Education Agency (TEA) is requesting proposals to assist the Human Resources (HR) Director of TEA, or designee, in the recruitment of executive positions, various mid to high-level management positions, and/or difficult to recruit specialized positions for the agency on an as-needed basis.

Recruitments may include but are not limited to:

• Senior leadership positions across the agency (Directors and above)

• Financial professionals, accountants, and budget analysts

• Information Technology professionals, including project managers, programmers, database managers, software engineers, and network support staff

• Procurement professionals

• Grant managers

• Attorneys

• Researchers and data analysts

• Project managers

• Executive and/or Administrative Assistants

• Customer Service Representatives

• K-12 Education leaders and program specialists

TEA encourages qualified firms to submit responses if they have a successful track record in recruiting for any of the above position types.

1.2. Background and Defined Terms

TEA is a large agency with limited capacity to conduct “boots on the ground” recruitment. Additionally, due to the volume and variety of types of roles available at the agency (i.e., we recruit for positions from across many different industries), our recruitment team could benefit from the expertise and networks of a search firm with connections across multiple industries.

As used in this solicitation, the following capitalized terms shall have the meaning as specified below:

Term Definition CMBL Centralized Master Bidders List DIR Department of Information Resources ESBD Electronic State Business Daily HSP Historically Underutilized Business Subcontracting Plan HUB Historically Underutilized Business as defined in Texas Government Code

§ 2161.001 State or Texas State of Texas https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

TAC Texas Administrative Code TEA Texas Education Agency TEA Procurement Staff

TEA procurement professional(s) responsible for leading the planning, solicitation, and contract formation processes.

TEA Project Manager, TEA Program Staff, or TEA Contract Manager

TEA staff members who are the subject matter experts concerning this solicitation, one or more of whom will manage the contract(s) resulting from this solicitation.

TGC Texas Government Code VPTS Vendor Performance Tracking System

1.3. TEA Mission and Procurement Authority

The Texas Education Agency (TEA) is the state agency responsible for overseeing primary and secondary public education in Texas. TEA’s mission is to improve outcomes for all public school students in the state by providing leadership, guidance, and support to school systems.

TEA has adopted a strategic plan comprised of four strategic priorities built upon five key actions:

Every child, prepared for success in college, career, or the military.

• Strategic Priorities o Recruit, support and retain teachers and principals o Build a foundation for reading and math o Connect high school to career and college o Improve low-performing schools

• Key Actions (Continuous Improvement) o Supported Educators o Ready Students o Rigorous Engagement o Aligned Systems o Actionable Goal-setting

Everything related to talent, including recruitment, and hiring, falls within Organizational Development which is part of one of the strategic plan's "Key Actions" of "Aligned Systems". Having strong talent pipelines and ultimately hiring high performing talent is critical for the agency to be able to achieve any of its goals or priorities.

This procurement is authorized by the 87th Legislature, General Appropriations Act, Article III.

Pursuant to Texas Government Code § 2155.131, the Office of the Comptroller of Public Accounts has delegated authority to TEA to conduct this solicitation and to award a contract for the purposes stated herein.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm

1.4. Anticipated Schedule of Events

DATE EVENT

May 3, 2023 Publication of solicitation in the Electronic State Business Daily (ESBD) at:

http://www.txsmartbuy.com/esbd Questions must be directed to TEASolicitations@tea.texas.gov or the HUB Office HUBOffice@tea.texas.gov, as appropriate.

Mat 11, 2023 Last day to submit written questions about this solicitation no later than 2:00 P.M.

Central Time to TEASolicitations@tea.texas.gov

May 15, 2023 Final publication of questions and answers in the ESBD at:

http://www.txsmartbuy.com/esbd

May 16, 2023 TEA preferred date to receive Notice of Intent to submit a proposal June 1, 2023 Proposal(s) due no later than 2:00 P.M. Central Time June 2023 Proposal Check-In, Evaluations, and Oral Presentations (if required) June-July 2023 Commencement of contract negotiations with selected contractor(s) September 1, 2023 Anticipated start date of contract

1.5. Contract Term

The term of any contract(s) resulting from this solicitation shall be from contract execution to August 31, 2028.

All contracts are subject to appropriation of funds by the Texas Legislature.

There is no guarantee as to the number of positions or volume of recruitment to be issued under the resulting contract. TEA reserves the right to award more than one contract. TEA intends to award a contract to a firm or firms that can review and enhance the agency’s recruitment efforts, oversee nationwide searches, and target qualified candidates. The number of contracts awarded will be dependent upon the quality and quantity of proposals received. In the event TEA does award to multiple providers, assignments will be distributed based upon area of expertise, availability, and cost.

Contractors must not perform work before both parties have signed a contract. TEA will not pay for services contractor performs for TEA prior to contract execution.

1.6. Budget

TEA may award one or more contracts from this solicitation. TEA reserves the right not to award a contract from this solicitation. Proposals must include a detailed Task, Activity, Deliverable, and Budget Plan, as described elsewhere in this solicitation and in Attachment E. TEA will not accept separate indirect cost rate calculations for this procurement. The proposed budget and payments to a contractor must be based on satisfactory completion and TEA acceptance of deliverables. The Task, Activity, Deliverable, and Budget Plan http://www.txsmartbuy.com/esbd mailto:TEASolicitations@tea.texas.gov mailto:HUBOffice@tea.texas.gov http://www.txsmartbuy.com/esbd must clearly identify proposed prices related to each proposed task, subtask, and deliverable for the initial contract period and each optional renewal period.

TEA will establish monthly invoicing procedures for the awarded contract(s) aligned to completion and acceptance of the deliverables. TEA will pay invoices upon satisfactory performance of services, receipt and acceptance of specified deliverables, and receipt of properly prepared invoices and supporting documentation.

1.7. Scope of Work, Project Description, and Project Requirements

The scope of services includes four phases of work. The expectations, including the deliverables and measures of success are outlined below.

Phase 1: Pre-Recruitment Description of Work: For each recruitment assigned, the Contractor shall develop a comprehensive understanding of the duties and responsibilities of the identified position and shall prescreen prospects using criteria set collaboratively with the hiring manager. In addition, the Contractor will be responsible for developing marketing materials (e.g., brochures, language for social media, email outreach) to be agreed upon by TEA prior to the start of the recruitment process. Please include pricing for innovative marketing support and/or solutions.

Phase 2: Recruitment Process Description of Work:

• Identify Potential Candidates: The Contractor shall work with the HR Director, or designee, in developing a recruitment strategy. The strategy shall include accurate and compelling language describing the organization and position, as well as a specific action plan to target and source a diverse, qualified candidate pool. The Contractor shall identify potential contacts and conduct personal outreach to develop an established candidate bank. The approach should take into consideration issues of confidentiality and the issues most likely to attract the best candidates.

• State and National Recruitment: The Contractor shall use all necessary tools to recruit nationally and across Texas, seeking out applicants who have a proven track record in the desired area of expertise, which may include experience in education, state agencies and/or another appropriate field of specialty.

• Diverse Recruitment: A diverse applicant pool is required. The Contractor shall develop a specific action plan to target recruitment efforts to attract a pool of qualified candidates from diverse backgrounds who vary by race, ethnicity, age, gender, and other protected categories, as well as qualified veterans.

Phase 3: Application Review and Referral Description of Work: The Contractor and TEA must agree on a process to review potential candidates referred by the Contractor. The Contractor is responsible for ensuring potential candidates in which TEA expresses interest formally apply to the position in order for TEA to formally consider them. The Contractor and TEA shall agree on the method of application, which must include having the Contractor direct and assist candidates if needed to apply through TEA’s online application. In addition to complying with other state and federal laws and agency policy, candidates shall be evaluated strictly on merit, without regard to race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, genetic information, and other non-merit factors. However, preference is given to applicants based on their veteran status in compliance with Texas state law.

In addition, TEA may require the Contractor:

• To provide TEA preliminary candidate lists of individuals meeting the requirements of the employment profile and to provide resumes, cover letters and candidate profiles for TEA to view

• To conduct a pre-screening interview with the candidates before referring them to TEA

• To prepare and present a written summary of the referred candidates to TEA

• To provide TEA with the chance to review the entire candidate pool if desired

• To conduct a thorough internet search of all referred candidates prior to presenting them to TEA. The objective of the internet search is to identify publicly disclosed and available information, which could be relevant to the candidate’s consideration for the position

Phase 4: Interview & Selection Description of Work:

• Interviews: Candidates who are referred and pass the initial application screen must complete all aspects of the TEA hiring process. It is strongly preferred that interviews be conducted onsite at TEA or virtually (aligned to the hiring manager’s predetermined interview format options). Any required travel must be done in accordance with TEA travel policies.

• Reference Checks and Verification of Credentials: As an agency, TEA will be responsible for completing the reference checks and obtaining necessary information for all background checks.

• Offer Coordination and Acceptance: The Contractor may preliminarily discuss requirements with the preferred candidate when TEA has determined an offer is appropriate. This information will be reviewed by TEA to develop an offer of employment. TEA will extend the offer of employment.

Placement Guarantee TEA will evaluate proposals in part based on the competitiveness of their pricing structure and placement guarantee. TEA encourages proposers to offer their most competitive placement guarantee as part of their proposals.

Monitoring Progress and Measuring Success In addition to the deliverables outlined for each phase above, the Contractor and TEA must agree upon milestones and metrics of success. The ultimate measure of success is the placement of a well-qualified candidate with TEA who remains in TEA’s employment for at least one year. To monitor progress toward that goal and to ensure alignment between the Contractor and TEA, the Contractor and TEA must agree to performance management structures and systems, which may include but are not limited to:

• Establishing and agreeing on deliverables and metrics in addition to those outlined above

• A structure to report on the progress against those deliverables and metrics on a regular basis

• Regular check-ins with the hiring manager and HR Director or designee where the Contract and TEA share updates and feedback with each other and troubleshoot obstacles

Optional Innovative Recruitment Services Contractor is encouraged to suggest innovative solutions in their proposal that TEA has not identified.

1.8. Project Deliverables and Milestones

Pre-Recruitment Deliverables

1. Detailed steps and estimated timelines for contractor’s recruitment process.

2. Compelling marketing materials, including brochures, language for social media, and email outreach

Recruitment Deliverables

• The Contractor should produce for TEA’s approval a comprehensive recruitment plan that addresses the specific sources and methods of indirect and direct outreach to achieve national, regional, and local qualified candidates and plan to attract a diverse applicant pool.

• The Contractor should provide and describe in detail their current process for how this work is currently being done in each of the specified areas.

• As part of the recruitment plan, the Contractor and TEA must also agree upon structures and systems for TEA to receive regular weekly updates on recruitment activities and assess their effectiveness.

These reports must include, but are not limited to, the following:

o Diversity of potential candidates to whom the Contractor reached out, to the extent that information is available o Evidence of success of outreach (e.g., number of opened emails, views on social media, number of times posting is viewed on the Contractor’s platform) o Conversion rates of outreach to the next phase in the process (e.g., engaging with Contractor, application, etc.)

Application Review and Referral Deliverables

The Contractor must refer at least 5-7 qualified candidates who apply for the position with at least three being highly qualified.

o Qualified candidates are those who meet at least the minimum qualifications of the job description.

o Highly-qualified candidates are those who exceed the minimum requirements and meet the “cut score” established by the hiring manager based on the screening matrix in the pre-recruitment phase o The referred candidates should be diverse in their race, ethnicity, gender, age, veteran status, and other protected categories.

Interview and Selection Deliverables

At the conclusion of the recruitment search, the Contractor shall present a summary of candidate screening results showing statistically the qualifications of all applicants and how the candidates were screened as qualified/non-qualified; results of internet search; initial screening interview report; final screening matrix showing how candidates were evaluated.

1.9. Collaboration

The awarded contractor(s) will collaborate closely with TEA staff for this project. These responsibilities include, for example:

Awarded Contractor Responsibilities:

- Engaging in ongoing, responsive communication about the project(s);

- Participating in scheduled project meetings;

- Working continuously on the project, including during summer months;

- Adhering to the Task, Activity, Deliverable, and Budget Plan, or other schedules for deliverables as specified by TEA after consultation with the awarded contractor, including proposed deadlines for draft work products;

- Notifying TEA within 48 hours of project-related issues that negatively impact timelines;

- Obtaining advance written approval from TEA prior to any staffing changes or additions, especially changes to key staff members assigned to this project;

- Producing high-quality drafts of all submitted work products, reports, evaluation plans, analysis plans, and instruments, etc. with minimal typos and in alignment with applicable guidelines (branding, accessibility, reading level, etc.);

- Responding within 5 business days to all requests for feedback on evaluation plans, methodology, analysis plans, instruments, data manipulation, analysis results, reports, etc.;

- Responding within 48 hours to inquiries regarding invoicing and document requests (as in the case of an audit);

- Adhering to policies and procedures regarding use of confidential data and data collection procedures;

and

- Adhering to all terms and conditions of the contract with TEA, for example, following the change management process for contract revisions; informing TEA of changes in ownership, key staff, or subcontractors; and immediately reporting actual or potential conflicts of interest to TEA.

TEA Responsibilities:

- Collaborating with the awarded contractor to address unforeseen developments, identify issues, and propose solutions;

- Coordinating support and resources for the project;

- Reviewing and approving the contractor’s evaluation and analysis plans, including all qualitative and quantitative methodologies;

- Reviewing use of data, data sources, data manipulation, data processing business rules, and analytic results;

- Monitoring the awarded contractor’s progress to ensure compliance with contract terms;

- Reviewing and approving monthly invoices (including disputing invoices as necessary and working with contractor to resolve disputes);

- Providing and coordinating feedback on all submitted reports; and

- Monitoring the awarded contractor’s performance and compliance with the terms and conditions of the contract, including following the change management policy for all amendments and budget revisions.

1.10. Contract Monitoring and Dispute Resolution Procedures

TEA monitors its contracts to ensure contractors adhere to the terms and conditions of their TEA contracts and to prevent fraud, waste, and abuse. TEA Contract Managers carefully review invoices to verify the following:

- Goods and/or services provided are included in the contract;

- Charges match the contract budget and pricing clearly ties to the task plan;

- Invoice charges are within scope, allowable, and reasonable;

- Invoice amounts are tied to specific contract tasks with enough supporting documentation to show that goods and/or services were received and were of acceptable quality; and

- Each invoice shows the contract number, purchase order number, dates of service, tasks, and pricing.

All pricing provided in the proposal should include a specific deliverable or a set of deliverables that demonstrate successful completion of activities. All activities must have documentation to support their completion. TEA reserves the right to reject services which do not address the deliverables stated in the contract and do not meet TEA quality review.

In addition to carefully reviewing invoices prior to authorizing payment, TEA Contract Managers conduct ongoing contract monitoring activities depending on the nature and risk factors associated with the contract.

Examples of standard contract monitoring activities include:

- Monitoring the contractor’s progress and performance to ensure goods and services conform to the contract requirements;

- Managing, approving, and documenting any changes to the contract through the change management process authorized by the terms of the contract;

- Maintaining documentation verifying that goods and/or services were reviewed and accepted;

- Monitoring the contract budget to ensure sufficient funds are available throughout the term of the contract;

- Identifying and resolving disputes with the contractor promptly;

- Exercising legal remedies, as appropriate, when a contractor’s performance is deficient; and

- Confirming all products and/or services have been delivered and delivery is completed prior to the expiration date of the contract.

TEA will determine whether a contract should be subject to enhanced monitoring, an increased level of monitoring. For example, a contractor who has access to sensitive data or contact with students may be subject to enhanced monitoring. In addition to the responsibilities that come with standard contract monitoring, Contract Managers may implement any of the following examples of enhanced monitoring measures:

- Developing a Quality Assessment Plan (QAP) to document contract monitoring activities;

- Conducting site visits to a contractor’s facility;

- Holding regular project management meetings with contractors to ensure the project is meeting established milestones and deadlines;

- Reviewing contractor-prepared progress reports;

- Reviewing satisfaction surveys from training attendees or other quality assurance reports;

- Implementing a corrective action plan if contractor is not meeting contract performance expectations;

- Monitoring contractor performance and invoking applicable remedies for contract breaches (for example, liquidated damages assessed for service level agreement breaches); and

- Monitoring contractor’s access to sensitive data and ensuring data is handled properly and returned or destroyed at the end of the contract, as appropriate.

TEA expects contractors to support these monitoring efforts including responding promptly to requests for documentation and working together in good faith to resolve disputes.

In the event of a dispute, TEA will make every effort to resolve the issue(s) with contractor’s project staff before escalating to executive-level management. Throughout the dispute resolution process, the parties should make a good faith effort to work together toward a mutually beneficial resolution. Resolution may include corrective action plans, substitutions, liquidated damages, or other remedies, as appropriate.

2. Submission Process and Instructions

2.1. Proposal Format

Proposers must submit a complete proposal and follow all instructions contained within this solicitation.

Proposals with conditional clauses, alterations, or irregularities are subject to rejection by TEA in its sole discretion. Proposers must submit proposals electronically and ensure TEA receives them no later than the deadline stated in the Anticipated Schedule of Events. TEA will not accept late proposals.

Proposal Format and Requirements:

- Proposals must be submitted as a single portable document format (PDF) file containing all required components and attachments.

- The file name should be short but descriptive and avoid special characters. Use capital letters, hyphens, or underscores instead of spaces or periods. (i.e., 2X-0XX_CompanyName_Proposal).

- Proposers must ensure an authorized representative sign all required forms and those signatures are included in the electronic file (digital signatures or scanned ink signatures are both acceptable).

- The proposer must sign the Execution of Offer contained within Attachment B. By signing the Execution of Offer, the proposer affirms that all statements within the proposal are true and correct.

Discovery of any false statement in the proposal may void the submitted proposal or any resulting contracts.

- Proposers have the option to submit proposals electronically, either by email or by ShareFile link.

2.2. Electronic Submission Process

Submission by ShareFile

TEA strongly encourages using ShareFile as a secure electronic submission method. In order to upload their proposal document(s), proposers must navigate to the specially created ShareFile folder linked below.

Proposers must include their name, company name, and email address prior to the upload. TEA encourages proposers to follow the filename conventions outlined above.

Once uploaded, the ShareFile application will notify TEA of the upload and send confirmation of the submission to the proposer’s email address entered prior to document upload. The file(s) will be date and time-stamped upon upload. Only approved TEA staff will have access to the information contained in the secure ShareFile folder. TEA relies on the upload confirmation to determine the timeliness of the proposal.

Proposers are advised to plan ahead to ensure TEA receives their proposals ahead of the deadline. TEA determines whether a proposal is on time or late based on when TEA receives the proposal, not when it is uploaded or submitted.

The secure ShareFile link for this solicitation is:

https://tea.sharefile.com/r-r6ac9fba7072141f498a60b2d26f2ddcb

Submission by Email

TEA will also accept proposals submitted by email to TEASolicitations@tea.texas.gov. TEA will not consider proposals sent to any other email address. Proposers should include their name and the TEA solicitation number in the subject line of their email. Submission by this method should include a “Read Receipt” for the purpose of confirming that TEA has received the proposal.

Intent to Submit Proposal

TEA requests proposers notify TEA via email at TEASolicitations@tea.texas.gov as soon as possible of their intent to submit a proposal (see Attachment A). Filing this notice is not mandatory; however, it assists TEA in anticipating the volume of proposals to better expedite the review process and finalize the contract award(s).

Filing this notice in no way obliges the filer to submit a proposal. Failure to submit a Notice of Intent will not disqualify a proposer from consideration. A proposer that does not file this notice is still eligible to submit a proposal.

2.3. Communication

To protect the integrity of the procurement process, proposers must adhere to the communication procedures outlined in this solicitation.

https://tea.sharefile.com/r-r6ac9fba7072141f498a60b2d26f2ddcb

Limited Contact Policy

Proposers must send all communications about this solicitation via email to the designated TEA Procurement Staff member at TEASolicitations@tea.texas.gov. Proposers may contact the TEA Historically Underutilized Business (HUB) office at HUBOffice@tea.texas.gov for the purpose of addressing HUB and HUB Subcontracting Plan (HSP) questions only.

TEA will not accept phone inquiries regarding this procurement.

Non-procurement staff at TEA may not discuss this procurement with outside parties. If a potential respondent fails to observe this prohibition or attempts to circumvent the limited contact policy, their proposal may be subject to disqualification.

The limited contact policy does apply to discussions concerning matters unrelated to this procurement, including business related to current contracts with TEA.

Question and Answer Process

TEA will post additional information regarding this procurement on the ESBD at http://www.txsmartbuy.com/esbd.

Proposers may submit questions to TEASolicitations@tea.texas.gov within the date and time specified in the Anticipated Schedule of Events. TEA will compile questions and related responses into one or more addenda documents and post them on the ESBD. Failure to periodically check the ESBD will in no way release proposers from complying with additional requirements contained within additional information posted on the ESBD.

Communication after the Response Due Date

Between the response due date and contract execution, TEA may communicate with vendors to:

- Seek clarification regarding response(s).

- Invite respondents to participate in oral presentations.

- Conduct negotiations, including requesting a potential contractor’s best and final offer (BAFO).

- Exchange information required to facilitate a potential contract award.

TEA will notify all respondents of the award or non-selection upon contract execution. The Limited Contact Policy remains in force until all contract(s) from this solicitation have been executed.

2.4. Proposal Requirements

TEA will not consider late or incomplete proposals. Proposals that address only part of the requirements of this solicitation are non-responsive.

Failure to formalize the terms of the response by signing the Contract Terms, Conditions and Affirmations, Response Preferences, and Execution of Offer will result in disqualification of the offer contained within the response.

mailto:TEASolicitations@tea.texas.gov mailto:HUBOffice@tea.texas.gov

Proposers must carefully review and complete all forms within the solicitation. TEA encourages respondents to review TAC § 20.285 regarding the good faith effort requirements of the HSP and to reach out to the HUB Office at HUBOffice@tea.texas.gov with questions. Failure to comply with HUB requirements, including correctly filling out all HUB related forms, will result in disqualification.

TEA reserves the right to reject proposals and to negotiate portions thereof, including the proposed Task, Activity, Deliverable, and Budget Plan and identified personnel.

Proposers must furnish clarifying information to TEA if requested. Failure to provide the requested material or information may disqualify the proposal.

The selected contractor must collaborate with TEA staff to clarify the project design, design of the materials, project activities, and/or other work products, and modify these items, if necessary.

All proposals received in response to this solicitation are the property of TEA. TEA is not liable for any costs incurred in the preparation or submission of a proposal.

Texas Public Information Act

Proposals submitted in response to this solicitation are subject to release under TGC, Chapter 552, Public Information Act. If TEA receives a Public Information Act request for proposal(s) received under this solicitation, proposers may have the opportunity to demonstrate that some or all their proposal falls into one or more exceptions to disclosure. Proposers should indicate on the proposal cover if their submission contains proprietary information and identify the specific sections within the proposal that are proprietary. It is not sufficient to mark every page as confidential; rather, proposers should identify specific information or sections as proprietary.

Historically Underutilized Business (HUB) Subcontracting Plan (HSP)

In alignment with state law and public policy, TEA encourages contracting and subcontracting opportunities for HUBs in all contracts. If TEA determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan (HSP) is a required element of the proposal.

Statement of Probability

TEA has determined that subcontracting opportunities are probable in connection with this procurement.

Therefore, ALL proposers must submit an HSP in their proposal. Proposals that do not include an HSP will be rejected for non-compliance.

If the proposer is itself a HUB, the HSP is still required to identify the percentage of the work to be performed by subcontractors and document whether the proposer is self-performing or made a good faith effort to subcontract work to other HUBs.

If the proposer (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.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=285 mailto:HUBOffice@tea.texas.gov https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

The proposer shall develop and administer the HSP as a part of the proposal in accordance with the TEA policy on utilization of HUBs and State law. The proposer must make a good faith effort and solicit a minimum of three Texas-certified HUBs from the State’s Centralized Master Bidders List (CMBL) / HUB Directory for work that they cannot complete with their own staff and resources. The proposer must also notify minority or women trade organizations or development centers of subcontracting opportunities. Additional requirements are listed in Attachment C. The HSP will be incorporated into the contract between TEA and the selected contractor.

HUB Subcontracting Goal

The HUB subcontracting goal for this procurement is 26.0% minority-owned, woman-owned and/or service-disabled veteran-owned business participation.

TEA encourages proposers to collaborate with TEA Procurement Staff to develop mentor-protégé opportunities. Under 34 TAC § 20.298, a proposer’s participation in a Mentor-Protégé Program under TGC § 2161.065, and the submission of a protégé as a subcontractor in the HUB subcontracting plan constitutes a good faith effort for the work to be subcontracted with the protégé.

HUB Subcontract Progress Assessment Reporting

The contractor will be responsible for maintaining business records documenting compliance with HUB Program requirements. The contractor must submit a Progress Assessment Report (PAR) monthly documenting all subcontractor payments made in the preceding month. Submission of the PAR is a condition for payment. The contractor shall also report all 2nd and 3rd tier subcontracting in the monthly PAR. PARs are due no later than the 10th day of the following month. The PAR must be submitted monthly, even if no subcontracting activity occurred during the month, to TEA’s HUB Office at HUBOffice@tea.texas.gov.

How to Find Texas Certified HUBs for Subcontracting Opportunities

Manufacturers, suppliers, and other vendors, including Historically Underutilized Businesses, may be found on the Centralized Master Bidders List (CMBL) / HUB Directory at:

https://comptroller.texas.gov/purchasing/vendor/cmbl/. Vendors are listed by the National Institute of Governmental Purchasing (NIGP) commodity codes for which they’ve self-identified as related to the service and/or goods they provide. TEA has identified the following sample list of NIGP commodity codes that may be related to this solicitation, but each proposer is responsible for identifying the subcontracting needs for their unique proposal.

1. Class Code: 961 – Miscellaneous Services (not otherwise classified

Item: 30, Employment Agency and Search Firm Service, Including Background Investigations and Drug Testing for Employment

Item: 62, Human Resource Services

Item: 71, Talent Agency Services https://comptroller.texas.gov/purchasing/vendor/cmbl/

2. Class Code: 918 – Consulting Services

Item: 65, Human Resources, Relations Consulting

3. Class Code: 952 – Human Services

Item: 39, Employment Generating Activities

2.5. Conflict of Interest

An entity will not be selected if it has a conflict of interest that will or may arise during the performance of its obligations under the contract. The proposer 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 by the entity and its proposed subcontractors. The proposer must complete the Conflict of Interest Analysis Form in Attachment G. TEA prefers that the supporting documents identified in Attachment G be included where highlighted on the last page of the attachment.

Failure to provide this information will result in disqualification from further consideration.

As part of this disclosure requirement, each proposal must include all past and present contractual, business, financial, or personal relationships between the proposer or proposer’s staff and TEA and between the proposer’s planned subcontractors or such subcontractor’s staff, if any, and TEA. Failure to disclose the identities of known subcontractors in Attachment G will subject a proposal to disqualification.

For purposes of this disclosure requirement:

- “Past” means within the two calendar years prior to the deadline for submission of proposals in response to this solicitation;

- “TEA” means the statewide elected official who heads TEA, as well as TEA’s employees or recent former employees;

- “Recent former employee” means a TEA employee who has terminated TEA employment within the two calendar years prior to the deadline for submission of proposals in response to this solicitation;

- “Personal relationship” means 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 response to this solicitation; and

- For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity. TGC Chapter 573 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 the proposer’s independence of judgment or effectiveness in the performance of its responsibilities to TEA or the State under the contract; or

- If a reasonable person could expect the connection, within the overall context of the proposer’s submission of a proposal, possible selection for an award, or its performance of the contract, to create an issue for TEA’s consideration relative to a potential appearance of impropriety or conflict of interest.

For each item, proposer must provide a detailed explanation as to why the entity does or does not believe such item poses a conflict of interest, potential conflict of interest, or appearance of impropriety relative to submission of a proposal, possible selection as contractor, or its performance of the contract.

The proposer must certify compliance with TGC § 669.003, relating to contracting with the executive head of a state agency. If TGC § 669.003 applies, the proposer must provide the following information: name of former executive; name of state agency; date of separation from state agency; position with the proposer; and date of employment with the proposer. The proposer agrees that it has a continuing duty to supplement its proposal under this provision and that the duty to disclose any conflicts of interest is an ongoing obligation throughout the term of the contract. The proposer must submit updated information as soon as reasonably possible upon learning of any updates that are required to these mandatory disclosures.

Certificate of Interested Parties Form 1295

A state agency may not enter into certain contracts with a business entity unless the business entity submits a certificate of interested parties form. Subject to the exemptions found in TGC § 2252.908(c), the law applies to any state agency contract that either: (i) requires an action or vote by the governing body of the state agency or entity before the contract may be signed; or (ii) has a value of at least $1 million.

The Form 1295 is not required to be submitted with the proposal. The vendor recommended for an award will be required to submit Form 1295 electronically through the Texas Ethics Commission’s website. An authorized agent of the contractor must sign the printed form. TEA will notify the Texas Ethics Commission of receipt of the filed Form 1295 as required.

3. Proposal Format and Content

Proposers must submit proposals in PDF format, standard 8 ½” X 11” sized pages and in a manner which does not carry any personal benefit or value for members of the evaluation team or other TEA staff.

Proposals must include a cover page, which clearly states the name of the organization and the name, position, and telephone number of the proposer’s project manager TEA may contact regarding the proposal. The cover page must also include other information in Attachment D.

3.1. Proposal Checklist

Proposals should be organized, indexed, and clearly labeled according to the contents below. TEA provides the proposal checklist to assist proposers with including all required information in their response and to assist the https://statutes.capitol.texas.gov/Docs/GV/htm/GV.669.htm#669.003 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm#2252.908 evaluation team during their review of the proposals. The proposer should refer to the appropriate section of this solicitation for detailed information on the items listed in the checklist. Failure to provide the required information will result in the disqualification of the proposal from consideration.

PROPOSAL CHECKLIST

Proposal Cover Page Attachment D Table of Contents N/A Understanding of the Project, Methodology, and Technical Components

Section 3.2

Management Plan, Experience, and Qualifications Section 3.3 Task, Activity, Deliverable, and Budget Plan Section 3.4, Attachment E Signed Contract Terms, Conditions and Affirmations, Response Preferences, and Execution of Offer

Attachment B

HUB Subcontracting Plan Attachment C Conflict of Interest Analysis Form including all attachments (i.e.

organization charts, resumes, etc.)

Section 2.5, Attachment G

3.2. Understanding of the Project, Methodology, and Technical Components

The proposal must communicate an understanding of staff recruitment and organizational experience in the areas of the project. The proposal must also describe the tasks to be performed, identify potential problems in the execution of the project, and provide methods to identify and solve such problems. The proposer must describe clearly, specifically, and as completely as possible, the methodology for carrying out the objectives and requirements of the project.

The proposal must describe the project design, project activities, deliverables, materials, and other products, services, and reports to be generated during the contract period and show how they advance the purposes and specifications described in this solicitation. Technical evidence relating to the proposer's ability to perform the proposed services should be sufficiently detailed within the proposal. The overall quality of these components and of the proposal itself will be considered.

Failure to provide a response to the requirements in this section will result in the disqualification of the proposal from consideration.

3.3. Management Plan, Experience, and Qualifications

Qualified proposers have a proven track record of supporting small, mid and large sized organizations with recruitment of executive positions, various mid to high-level management positions, and/or difficult to recruit specialized positions that include clients in the for-profit, non-profit, and government sectors. This successful track record will include K-12 recruitment and staffing experience and/or recruiting and staffing experience in business operations areas (finance, IT, communications, etc.). Proposers will have evidence of a built-in national pool of talent. The proposer must provide satisfactory evidence of its ability to manage and coordinate the types of tasks, activities, and deliverables described in this solicitation and to produce the specified service on time and with high quality. At a minimum, the proposer must include the following information:

- The proposer’s organizational chart (with names and titles) and a description of its management structure;

- Evidence of the ability to perform the tasks described in this solicitation;

- Evidence, to include samples, of successful past performance for similar projects;

- Number of years the proposer has provided the type(s) of services described in this solicitation;

- Name and detailed resume* of the proposed Project Manager(s) who will direct the overall project throughout the duration of the contract, if awarded;

- Names and resumes for each member of the proposed project team* including the time allocations proposed personnel will devote to fulfillment of the contract. (Resumes of all project staff members shall be submitted as an appendix. If the resumes include references, the references will not be considered in the review.); and

- Names, resumes and organizational chart(s) of all proposed subcontractors and who will participate in the project*;

- At least three similar project experiences within the past five years similar in size, scope, and complexity to the one described in this solicitation. Proposers should also include information about current and/or past TEA contracts (and project managers) but this information should be provided in addition to the non-TEA projects and references. The proposal must include a description of each project and include at least one customer reference contact per project, including current contact information. For each reference provided, the proposal should include the:

o Organization/Company name, point of contact with the current telephone number and email address;

o Industry/subject focus, project description, implementation dates and total contract value;

and o Key milestones and deliverables

- TEA may contact references to verify past performance such as:

o Quality of deliverables, methodology and timeliness/adherence to schedule and budget;

o Business conduct and innovation; and o Problem resolution and customer satisfaction.

Note: The proposer must also complete the Conflict of Interest Analysis Form (Attachment G.) TEA will not accept information provided in response to Section 3.3 as satisfaction in lieu of full completion of Attachment G and its required attachments.

Failure to provide a response to the requirements in this section will result in the disqualification of the proposal from consideration.

3.4. Task, Activity, Deliverable, and Budget Plan

The proposal must include a detailed Task, Activity, Deliverable, and Budget Plan (TADBP) for proposed services by fiscal year during the initial contract period and each renewal period.

Attachment E contains a sample TADBP. At a minimum, each TADBP should include:

- The proposed major tasks, subtasks, activities, and deliverables;

- The name(s) of proposed staff responsible for each task;

- The proposed acceptance criteria for each deliverable;

- The proposed due date for each task subtask, activity, and deliverable;

- The proposed price for each task, subtask, activity, and deliverable; and

- The detailed costs associated with the proposed price for each task, subtask, activity, and deliverable.

The proposed TADBP should be designed to provide evidence of satisfactory delivery of services and products.

Time frames must be logical and appropriate to complete all activities within the contract period. Costs must be reasonable, allocable, and necessary to accomplish the objectives of the project. Detailed costs associated with the proposed pricing should be included as a separate table must show clear alignment to the proposed prices in the TADBP. The proposed TADBP should provide evidence that financial resources are adequately and appropriately allocated in a cost-effective and prudent business manner to accomplish project objectives and activities. Goods and services to be fulfilled from other entities, subcontractors, including any amounts subcontracted to HUBs, consultants, and others must also be specified.

Failure to provide a response to the requirements in this section will result in the disqualification of the proposal from consideration.

3.5. Proposers Financial Capability

In its sole discretion, TEA may require proposers to provide evidence of financial capability to fulfill the requirements of this solicitation as well as all services offered in the response.

TEA reserves the right to determine the financial integrity and responsibility of a respondent and to reject a response on the grounds of respondent’s lack of financial soundness. The agency may require submission of the following information in the response to assess the financial viability of a respondent:

- A copy of the most recent audited financial statements, including financial statements with all sub-schedules and footnotes, to include balance sheets, profit and loss statements, change in financial position and management letters, with findings and responses to findings; or

- If audited financial statements are unavailable, unaudited financial statements compiled, reviewed, and attested by an independent certified public accountant or certified public accounting firm.

Depending on the procurement, TEA may determine that the financial statements certified as accurate by the entity’s chief financial officer are acceptable.

Failure to provide the information, if TEA requests it, will result in disqualification. Following a disqualification, TEA may, in its sole discretion, commence negotiations with…