ESBD_File_324151_3202300146 Solicitation.docx

REQUEST FOR PROPOSALS (RFP)

Training and Education for Vocational Rehabilitation Customers at Private Entities

SOLICITATION NUMBER: 3202300146

Class /Item: 924/86

TEXAS WORKFORCE COMMISSION

101 East 15th Street Austin, Texas 78778-0001 Responses to this solicitation must be received no later than: July 3, 2023, 10:00 AM CT Indicate the RFP Number and submission deadline date in the subject line of the emailed response.

TEXAS WORKFORCE COMMISSION (TWC)

ELECTRONIC RESPONSE SUBMISSIONS EMAILED TO:

VendorProposals@TWC.TEXAS.GOV Pursuant to the Provisions of Texas Government Code §§2156.121 – 2156.127, and Texas Comptroller of Public Accounts rules and regulations adopted thereunder proposals will be received until the date and time established for receipt. After receipt, only the names of Respondents will be made public. Prices and other proposal details will only be divulged after the contract award if one is made.

TEXAS WORKFORCE COMMISSION

Accounts Payable (appo@twc.texas.gov) 101 E. 15th Street, Room 446 Austin, TX 78778-0001

TEXAS WORKFORCE COMMISSION

Name: Rachel Dean, Purchaser, CTCD E-Mail: VendorProposals@TWC.TEXAS.GOV

All requests for information will result in written responses sent to all Respondents known to the TWC. All responses shall become the property of the State of Texas upon receipt.

NOTE: Failure to sign response at the “Execution of Response” will result in disqualification of the response. All addenda to and interpretation of this solicitation shall be in writing. The State shall not be legally bound by an addenda or interpretation that is not in writing.

Training and Education at Private Entities

RFP NO. 3202300146

TWC 1601 - Request for Proposal Template (Revised 11.2021) Page 11 of 41 RFP No. 3202300146 - Training and Education at Private Entities Page 2 of 2 Table of Contents

Training and Education at Private Entities

RFP NO. 3202300146

A. PURPOSE

The Texas Workforce Commission Vocational Rehabilitation Division (VRD) administers the Vocational Rehabilitation (VR) Program, which is a joint state and federally funded program to assess, plan, develop, and provide VR services for eligible individuals with disabilities, consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice so that these individuals can prepare for and engage in competitive integrated employment and achieve economic self-sufficiency. In accordance with the Rehabilitation Act of 1973, as amended, the Texas Workforce Commission’s VRD is the single designated state unit that administers the VR program in Texas.

To be eligible for VR services, an individual must have a physical and/or mental impairment, which constitutes or results in a substantial impediment to employment and requires VR services to achieve an employment outcome.

The Texas Workforce Commission’s VRD is interested in establishing contracts with qualified private entities—including private for- profit companies, nonprofit organizations, and private colleges and universities—to provide curriculum-based, instructor-led training to VR customers with disabilities.

Proposals will be considered from respondents who offer employment-related training and education for VR customers and may include training related to independent living skills. Providers will offer training and education that is designed to enable the individual to explore, discover, experience, and attain skills that lead to competitive integrated employment.

TWC seeks qualified contractors to present capabilities and past experience providing the employment related training and education services for VR customers outlined herein with cost proposals to complete the work requested. TWC reserves the right to award single, multiple, or no awards.

1. Definitions:

Texas Workforce Commission (TWC) – Exists to promote and support a workforce system that creates value and offers employers, individuals, and communities the opportunity to achieve and sustain economic prosperity.

Service Authorization (SA) - A service authorization is an official document that is generated in VRD’s case management system to authorize the purchase of goods or services to meet the stated specifications in accordance with defined terms and conditions.

Vocational Rehabilitation Counselor - A qualified Vocational Rehabilitation Counselor employed by TWC to lead the customer in the process of gaining skills and services needed for the customer to prepare for, secure, retain, or regain employment consistent with the customer’s unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

Vocational Rehabilitation Division (VRD) – Provides expertise, services, and support to help people with disabilities achieve their employment and independent living goals. VRD administers four programs, including Vocational Rehabilitation, Independent Living Services for Older Individuals who are Blind, Business Enterprises of Texas, and Purchasing from People with Disabilities.

Vocational Rehabilitation (VR) Program – A joint state and federally funded program to assess, plan, develop, and provide VR services for eligible individuals with disabilities, consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice so that these individuals can prepare for and engage in competitive integrated employment and achieve economic self-sufficiency.

B. GENERAL INFORMATION

1. Authority:

TWC is soliciting the goods and/or services stated in this Solicitation under the authority Texas Government Code §§ 2156. 121 – 2156.127 and the associated Texas Comptroller of Public Accounts rules and regulations.

2. Authorized Procurement Contact:

The individual listed below may be emailed for clarification of this RFP and the response submission process. No authority is intended or implied that the specific requirements of this RFP may be amended, or alternates accepted prior to submission deadline without written approval of TWC.

Name: Rachel Dean, Purchaser, CTCD Email: VendorProposals@TWC.TEXAS.GOV

3. Respondent questions regarding this RFP:

Submit questions using Attachment 6 - Respondent Questions & Answers Template, no later than June 6, 2023, at 10:00 AM CT. Include the RFP Section and Page number to which each question applies.

TWC expects to post all Questions & Answers and, if appropriate, an Amended RFP to the Electronic State Business Daily (ESBD) by June 21, 2023, at 10:00 AM CT.

4. Other Communication:

Communication regarding this RFP with any TWC personnel other than the Authorized Procurement Contact listed is prohibited. Failure to follow this provision may be grounds for disqualification. Respondents desiring further information or interpretation of this RFP (including clarification of discrepancies or omissions) must submit questions in writing to the Authorized Procurement Contact. Telephone inquiries will not be acceptable.

5. Response Submission:

You must submit your response electronically by e-mail to VendorProposals@TWC.TEXAS.GOV. Reference the Title and RFP No. and the submission deadline date and time, in the subject line. Hard copies received will not be accepted or reviewed.

Responses received after the submission deadline will be disqualified.

TWC is not responsible for responses emailed late, illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

6. Submission Detail:

i. Required submission format:

ii. Response Due Date: Responses are due no later than July 3, 2023, at 10:00 AM CT.

iii. Response Contents and Organization. Submit one (1) original electronic copy, and one (1) copy with any information deemed confidential or proprietary redacted, both of which must be organized as follows:

1. Title Page (Attachment 2)

2. Execution of Response (Attachment 3)

3. Proposal Form (Attachment 4)

a. If proposing services for separate training categories, submit one Proposal Form for each training category.

4. Financial Soundness (See Section G, Financial Soundness, below)

5. If contractor or contract staff will be transporting customers while providing services, the insurance information including carrier, policy effective dates, and proof of insurance.

Should the electronic file attached via email be larger than 50MB, submit your response in multiple emails, indicating the number of emails in the subject line, following the required Title, RFP number, deadline date and time.

Training and Education for Vocational Rehabilitation Customers at Private Entities, 3202300146, 7/3/2023, 10:00 AM CT, Email 1 of XX.

7. Procurement Schedule:

The following table includes critical pre-award events for the procurement. All dates are subject to change at TWC’s discretion.

8. Historical Compensation:

Historical compensation under Contracts for similar goods or services and similar scope to this Solicitation have been between approximately $40,000.00 and $490,000.00 per fiscal year. TWC reserves the right to adjust any projected amount based on funding during the term of a resulting Contract.

C. CONTRACT TERM AND RENEWAL OPTIONS

1. Contract Term:

The contract term will commence on the date the contract is signed by both parties and expire on August 31, 2024. At the end of the initial term, TWC will have the option to renew the term of the contract for four (4) additional terms of up to one (1) year each. Following the base term and any allowable extensions, TWC may extend any resulting Contract for not more than one additional option period to address immediate operational or service delivery needs. If the resulting Contract does not include a defined option period, the extension is limited to one year.

This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, TWC consolidation of offices, or any other disruption of current appropriations, provisions of the Termination Article in the Contract shall apply.

2. Price Adjustment Clause:

Renewal of this contract shall be for the original final accepted pricing; however, if the option to renew is exercised, TWC may permit an upward price adjustment after the end of the first contractual period and each renewal period when correlated with the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), U.S. City Average, (All items) published by the Bureau Labor Statistics (BLS), Washington D.C. The initial contractual period rate may be adjusted by the latest announced change in the CPI-W for the prior 12-month period, limited to a maximum of 4% increase per contract period or any amount of decrease.

To receive consideration for any price adjustment, the contractor must contact the TWC Contract Manager by email and request the adjustment not later than sixty (60) calendar days prior to the renewal date.

D. DESCRIPTION OF PROCUREMENT PROCESS AND ELIGIBLE RESPONDENTS

1. Eligible Response: TWC anticipates making multiple awards from this solicitation to ensure Vocational Rehabilitation customers have sufficient and skilled providers to meet their Vocational Rehabilitation needs, to allow for exercise of informed choice in the selection of relevant providers in accordance with 34 C.F.R. § 361.52. Awards will be made to contractors across the state of Texas and, where necessary, outside of Texas. TWC will only consider for award those responses that are complete and received by the submission deadline date and time. Once contracts are awarded, Service Authorizations (SAs) will be issued on behalf of individual Vocational Rehabilitation customers, on an as-needed basis, to purchase the training that is justified by the customer’s Vocational Rehabilitation Counselor as reasonable and necessary to achieve the customer’s employment goal.

2. Potential Respondents: TWC posts notice of the solicitation by emailing the RFP to all potential contractors identified in the Class/Item Category: 924-86-Vocation Training, All Types, Including Vocational Rehabilitation and Technical Education on the Texas Comptroller of Public Accounts (CPA) Centralized Master Bidders List (CMBL), and by posting the solicitation on the ESBD, which can be accessed at http://www.txsmartbuy.com/esbd (the entire RFP and addendums can be found at this site). CMBL membership is not a condition of eligibility for state contracts. All responsive proposals will be considered.

3. Withdrawal of Response: A response may be withdrawn by the Respondent prior to the response due date by emailing the Authorized Procurement Contact identified in this RFP, Section B.2.

4. Amendment of Response: A response may be amended by the Respondent at any time after submission but prior to the due date by emailing the Authorized Procurement Contact.

5. Response Period: Responses shall be binding for a period of 180 calendar days after the submission date. Upon Contract execution, prices agreed upon by the Successful Respondent are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by TWC.

E. PRE-PROPOSAL CONFERENCE

TWC will conduct a Pre-Proposal Conference. A prospective Respondent should plan attend the Pre-Proposal Conference. See Procurement Schedule (Section B.7) for the date and time. The Pre-Proposal Conference will include an overview of the Solicitation and a presentation on the HSP requirements, if applicable to this solicitation. A question-and-answer session will also take place regarding general, technical and HSP (if applicable) questions.

Attendance at the Pre-Proposal Conference is optional but highly recommended.

Attendees to a virtual Pre-Proposal Conference are required to send an email prior to the conference to the Authorized Procurement Contact (Section B.2), advising of participation in the Pre-Proposal Conference. Attendees must provide in the email their name, phone number, and name of the organization they are representing.

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Authorized Procurement Contact Section B.2 (Authorized Procurement Contact) at least seventy-two (72) hours before the meeting in order to have reasonable accommodations made by TWC.

Conference Call [or Webinar] Registration:

https://zoom.us/webinar/register/WN_c_be7oqHSIqbjD3GDMuFjg

Questions at the Pre-Proposal Conference

a. Attendees may submit questions in writing at the conference. All questions must be in the required format and include the information as referenced in Attachment 6 (Questions and Answers).

b. During the Pre-Proposal Conference, TWC may provide responses to questions and requests for clarification, but only written responses posted by Purchasing and HUB Services PHS as an Addendum to the Solicitation on the ESBD will be considered an official, binding update to the Solicitation.

c. TWC reserves the right to amend, prior to the Proposal Deadline, answers previously posted. Amended answers will be posted on the ESBD. Notification of posting will be in accordance with Section B (Procurement Schedule).

d. Unauthorized communications with TWC program area staff regarding this Solicitation before, during, or after the Pre-Proposal Conference are prohibited. Failure to comply with these restrictions may result in disqualification of Respondent's Proposal.

F. HUB PARTICIPATION

TWC requires, as a condition of an award, that Respondents comply with Texas Government Code Chapter 2161, Subchapter F and TWC’s HUB Plan relating to the State’s program on Historically Underutilized Businesses (HUBs). Respondents must comply with Texas Workforce Commission HUB Subcontracting Plan (HSP) Procedure. If the section below is marked “Yes,” Respondents must complete the HSP documents and submit them as part of their response to this RFP. If awarded, the Awarded Contractor will be required to submit a monthly compliance report (Prime Contractor Progress Assessment Report – PAR) to TWC.

TWC has determined that there are subcontracting opportunities for this project in the area of completion of service. ⬜ Yes |X| No If the sentence above is marked “Yes”, all prime contractors including HUBs, must include a completed HUB Subcontracting Plan to be responsive.

TWC adheres to the administrative rules, policies, and forms developed by the agency relating to HUBs. This RFP does not require Respondents to complete an HSP. For more information about the HUB program at TWC, contact TWC HUB Outreach Coordinator at:

TWCHUBInfo@twc.texas.gov.

G. STATEMENT OF WORK

1. Respondents must provide a firm-fixed pricing for each employment-related education or training service listed in this subsection below based on the proposed training solution submitted for consideration and evaluation on the Proposal Form (Attachment 4). Proposing to provide training services in only one, but less than all service categories is allowable. Proposing to provide training services in multiple service categories is allowable. Training and education services must be designed to assist VR customers with disabilities to obtain specific knowledge and skills that prepare them to obtain, retain or advance in competitive, integrated employment. Training and education services may also prepare VR customers with the prerequisite knowledge, skills and abilities to participate in further postsecondary education and training, leading to competitive integrated employment. Respondents must provide information on how the training and education services are structured, conducted and evaluated to achieve this purpose, including a summary of the results achieved by the Respondent in providing these services to individuals with disabilities. TWC-VR staff will refer VR customers to these training and education services based on the customer’s employment goal as described in their Individualized Plan for Employment. Training and education services may include, but are not limited to, the following training and education types or a combination thereof:

a. Pre-Employment Transition Services for Students with Disabilities

i. Audience Served:

1. Secondary or post-secondary students with disabilities, aged 14-22.

ii. Expected Activities

1. Post-Secondary Education

2. College Preparation

3. Work-based learning experiences, which may include in-school or after school opportunities, experiences outside of the traditional school setting, and/or internships

4. Counseling on opportunities for enrollment in postsecondary educational programs

5. Workplace readiness training to develop social skills and independent living

6. Instruction in self-advocacy

iii. Provider/Instructor Qualifications:

1. High school diploma or General Educational Development (GED) certificate

2. At least one of the following:

a. Two years of experience working with students with disabilities, as verified with pay statements or a letter of verification, and a minimum of 30 semester hours of college credit with a minimum of 15 semester hours in special education, specific disabilities, social work, counseling, business, or a related field

b. 60 hours of college credit in special education, specific disabilities, social work, counseling, business, or a related field. Related fields must be approved by the statewide transition specialist.

3. Note: Exceptions may be granted for an individual who does not meet the educational requirements above if the total of that individual's work experiences clearly demonstrates that he or she is experienced in working with individuals with disabilities, especially transition-age individuals with disabilities.

b. Blind, Visually Impaired and/or Deafblind Services

i. Audience Served:

1. VR Customers with a primary disability of blindness, low vision, and/or who are deafblind.

ii. Expected Activities*

1. Orientation & Mobility Skills

2. Independent living skills

3. Occupational skills training, including employment-focused technology skills

4. Language and Communication Skills including:

a. American Sign Language (ASL) Proficiency; and/or

b. Deafblind communication training

5. Braille Proficiency (if offered)

6. Technology and assistive technology training

7. Adjustment to Blindness Counseling

· * Blind, Low Vision and/or Deafblind Services Providers are not expected to provide all services listed above. Please explain services provided in the Response. Please

iii. Provider/Instructor Qualifications:

1. Provide at least one qualified trainer per training or education session who is well-versed in the subject matter skills to conduct the training or educational session. A qualified trainer is an approved Independent Living (IL) Skills Trainer, Orientation & Mobility (O&M) Instructor, Assistive Technology (AT) Trainer, or Occupational Therapist (OT). To be an approved trainer, the minimum requirements must be met for the applicable skills training provider:

a. ILS Skills Trainer Requirements:

i. Possess a bachelor's degree from an accredited college or university with a concentration in rehabilitation, education, psychology, sociology, or a related field and obtained:

1. one year of work experience in rehabilitation teaching, rehabilitation, or education of people with disabilities, or

2. two years' work experience in general education or other related field; and

ii. Presented written and/or hands-on training sessions on IL skills. Sessions must be observed and determined qualified by the program specialist's designee. Preference is given to candidates who have experience providing individual, hands-on training to individuals who are blind, visually impaired, and/or deafblind customers.

b. O&M Instructor Requirements:

i. Possess certification from the Academy for Certification of Vision Rehabilitation and Education Professionals (ACVREP) or the National Blindness Professional Certification Board (NBPCB);

ii. Possess a degree in O&M from an accredited college or university with an established O&M training curriculum and become certified by ACVREP or NBPCB within one year of being hired by a service provider;

iii. Have at least two years of full-time experience teaching O&M skills for an entity that VR recognizes, such as a rehabilitation center, a Veterans Administration hospital, or an educational system; and:

iv. provide three professional references indicating the candidate's ability to teach O&M skills to blind or visually impaired individuals; and

v. be certified by ACVREP or NBPCB within one year of being hired by the service provider.

c. AT Trainer Requirements:

i. Possess high school diploma or GED;

ii. Have at least six months full-time work experience in a position providing direct customer services to individuals who are blind, deafblind, and/or have visual impairment;

1. An individual who attended a state school for the blind and visually impaired or who completed a state or federal training program for the blind and visually impaired, may substitute for work experience six months personal experience as an end-user of magnification or reader software including JAWS, ZoomText, and Fusion.

d. OT Requirements:

i. Completion of a prescribed program of study in a professional field such as social work, occupational therapy, therapeutic recreation, or rehabilitation counseling; and

ii. Possess and maintain an Occupational Therapy license in good standing from the Texas Board of Occupational Therapy Examiners (TBOTE), or applicable state licensing authority for the state OT services are provided in.

2. For psychological counseling and/or assessment activities, Contractor must utilize individuals who meet the following:

a. Methods of qualification:

i. Physicians skilled in the diagnosis and treatment of mental or emotional disorders licensed by the Texas Medical Board or applicable state licensing authority for the state services are provided in;

ii. psychologists licensed by the Texas State Board of Examiners of Psychologists or applicable state licensing authority for the state services are provided in;

iii. clinical social workers who are licensed by the Texas State Board of Social Worker Examiners or applicable state licensing authority for the state services are provided in;

iv. professionals who are licensed by the Texas State Board of Examiners of Professional Counselors or applicable state licensing authority for the state services are provided in;

v. psychiatric–mental health clinical nurse specialists and psychiatric–mental health nurse practitioners licensed by the Texas Board of Nursing or applicable state licensing authority for the state services are provided in;

vi. physician assistants licensed by the Texas Physician Assistant Board or applicable state licensing authority for the state services are provided in; or

vii. marriage and family therapists (LMFTs) who are licensed by the Texas State Board of Examiners of Marriage and Family Therapists or applicable state licensing authority for the state services are provided in.

b. Assessment/evaluation providers must have demonstrated experience administering psychological or vocational services to customers with significant visual impairments and/or deaf blindness.

i. * If contractor will not be providing assessment/evaluation services, the requirements in Section 1.b.iii.2 do not apply.

c. Neurodevelopmental and Autism Services

i. Audience Served:

1. Vocational Training for individuals with a primary diagnosis of Autism Spectrum Disorders who have obtained a high school diploma or GED.

ii. Expected Activities

1. Work readiness training

2. Independent living skills

3. Assistive technology training

4. Occupational skills training, including employment-focused technology skills

5. Work-based learning, including paid and unpaid work experience, internships, pre-apprenticeship and apprenticeship programs

6. Disability-specific employment preparation and adaptive training for individuals with neurodevelopmental disabilities

7. Participate in an evaluation at least quarterly which will be in the form of a progress report that will be staffed with the VRC demonstrating a timeline of progress and anticipated completion

iii. Provider/Instructor Qualifications:

1. Provider/Instructors must possess one of the following:

a. Employment Specialist with a verified Autism Endorsement from University of North Texas Workplace Inclusion and Suitable Employment (UNTWISE);

b. Certified Special Education Teacher;

c. Licensed Specialist in School Psychology (LSSP); or

d. School Speech Pathologist

2. Note: Alternative qualifications may be approved upon request. If requesting qualification through alternative certifications, please provide all information related the qualification you are wishing to substitute.

iv. Minimum Requirements for Proposal Plan to be included in Attachment 4, Proposal Form:

1. Minimum Deliverables applicable to all services outlined below

2. How specific skill deficits, directly related to a diagnosis of Autism, will be addressed

d. Contractors may also develop disability-specific services added on to the categories above. Contractors may also offer disability-specific services for customers other than for students with all primary disabilities and adults with blindness, low vision, or neurodevelopmental disabilities, including autism.

i. Expected Activities

1. Work readiness training

2. Independent living skills

3. Assistive technology training

4. Occupational skills training, including employment-focused technology skills

5. Work-based learning, including paid and unpaid work experience, internships, pre-apprenticeship, and apprenticeship programs

6. Disability-specific employment preparation and adaptive training

ii. Provider/Instructor Qualifications:

1. Provider/Instructor qualifications will be assessed in conjunction with the proposed service and population served. Please provide all information related the qualification possessed, i.e., degrees, certifications, and/or endorsements. TWC may reach out to clarify qualifications if questions arise during evaluation. TWC reserves the right to accept or not accept proposed qualifications if the qualifications do not reach the generally accepted industry-standard minimum staff qualifications for the proposed population served and service.

Minimum Requirements for Proposal Plan for Each Service: Respondent must include the information on the following minimum deliverables in its response (Proposal Form) for each category of training they are proposing to provide:

1. Service delivery plan showing structured approach to curriculum plan that can be individualized based on customer disability;

2. Instrument designed to effectively assess and document the knowledge and skills gained by the Customer from the training services.

3. Benchmarks allowing VRD to track customer progress;

4. Examples of Sequence of Services;

5. Skills, certifications, and/or credentials obtained by Customer upon completion of training program.

2. During the term of contract, the entity will be responsible for providing reports or other deliverables related to customer progress made during the training or education program. The requirements for reports including the format and content, including any results of pre- and post-assessments, and the required frequency for submittal, may vary for each contract awarded from this RFP, and will be determined during negotiations with qualified entities and established in the contract; however, reports must be provided at least quarterly. In addition, TWC may, at its option, require the entity to assist with ensuring expenditures do not exceed the contract value

3. Entity must possess and utilize an instrument(s) designed to effectively assess and document the knowledge and skills gained from the training services so that the VR customer is better prepared for post-secondary education and/or employment.

6. Curriculum and other training materials must be accessible and accommodating for the VR customer enrolled in the program.

7. VR customers must be provided with technical and instructional support necessary for participation in in-person and virtual education and/or training, including access to technical support where the program(s) is delivered virtually.

8. Entity must provide a primary point-of-contact (POC) for the contract, who is knowledgeable about the contract requirements and the proposed education or training program(s). The POC shall be required to meet with representatives from TWC-VR on a quarterly basis, or at another frequency as determined by TWC, to discuss various aspects of the education or training program(s). The POC may include other representatives from the education or training program as necessary to provide information and participate in discussions about VR customer progress. For each meeting, the POC shall provide a report to TWC-VR on the number and progress of VR customers in training. Progress metrics will be identified for each program and included in the Contract.

9. Entity must inform the VR customer’s assigned vocational rehabilitation counselor (VRC), within twenty-four (24) hours of any dispute that arises between the VR customer and the entity regarding the education or training services, and the steps the entity has taken or is planning to take to resolve the issue. This section includes, but is not limited to, customer behavior, customer non-participation, customer complaints to the contractor relating to accessibility, program delivery or expression that needs are not being met; and contractor consideration of early termination.

10. Where the education or training services are partially delivered by the entity, or not fully completed, by the VR customer, payment for the services may be prorated. The Successful Respondent will be paid costs per semester or applicable training period as established in the contract resulting from this RFP and as authorized by a TWC SA.

a. For colleges, universities, and accredited training programs, TWC will make payment to the Successful Respondent when training begins. The Successful Respondent agrees that to ensure consistent and high-quality performance, Texas Workforce Commission will withhold ten percent (10%) from each invoice. Once the Successful Respondent fully and completely performs all of its duties satisfactorily and according to the success rate percentages, Texas Workforce will pay the remaining 10% withheld.

b. For all other training providers, TWC will make payment within 30 days of receipt of a properly completed invoice, submitted in accordance with the Requirements of Attachment 1- TWC Terms & Conditions, Section 7 and any required supporting documentation. However, TWC shall not be liable for any payment pursuant to the resulting contracted services in which TWC expectations are not met or the services were not received, verified, and accepted by TWC in accordance with requirements, including specifications, deliverables, and outcomes in the executed contract and SA.

11. Entity is precluded from maintaining waiting lists that indicate TWC-VRD will sponsor the prospective customer.

12. Entity is precluded from charging the customer directly for fees for services.

13. Entity is precluded from charging TWC for anything other than the contracted services, including charging for attempts to deliver services.

14. Requests to have a customer repeat a training or course must be approved by TWC.

15. Note: If the contractor fails to perform the training services as specified in their contract, TWC may pursue damages or remedies up to and including termination.

a. TWC, in its sole discretion, may terminate the contract.

b. In the case of a termination for breach or default, TWC may allow the contractor a reasonable amount of time in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the contractor fails to cure to TWC's satisfaction the breach or default of any of the terms or conditions of the Contract after receipt by contractor of written notice from TWC setting forth the nature of said breach or default, TWC shall have the right to terminate the Contract without any further obligation to contractor. Any such termination for default shall not in any way operate to preclude TWC from also pursuing all available remedies against contractor.

c. TWC may require contractor to pay costs associated with obtaining replacement training services if contractor failed to perform training services to the standard required in the executed contract including:

i. The difference between the costs proposed by contractor for the service and the cost to TWC of obtaining the service from another provider; and

ii. Any costs of associated with re-procurement, if necessary.

iii. If advanced payment was made, contractor shall also reimburse TWC all pre-payment amounts associated with undelivered and/or unacceptable service.

H. FINANCIAL SOUNDNESS

The Respondent must include the following items in its Response. Failure to include any of the items listed for the appropriate company type may result in disqualification of the Respondent’s submission.

0. Publicly Traded Companies:

1. Respondent’s Dun and Bradstreet Data Universal Numbering System (DUNS) Number and/or Unique Entity Identification number (SAM.gov);

1. Name of exchange on which common stock is listed (e.g., NYSE, AMEX) and ticker symbol (e.g., XOM);

1. For the last one (1) fiscal year most recently ended, audited financial statements prepared in accordance with Generally Accepted Accounting Principles (GAAP);

1. Debt and commercial paper ratings issued by Moody’s Investors Service, Standard & Poor’s or Fitch’s Investor Service, if applicable; and

1. Statement describing all unasserted and asserted legal claims, current status and expected outcomes and/or judgments and any off-balance sheet liabilities or contingencies.

0. Privately Owned Companies (C and S corporations, LLC and similar forms of ownership):

1. Respondent’s Dun and Bradstreet DUNS Number and/or Unique Entity Identification number (SAM.gov);

1. The last one (1) fiscal year most recently ended audited financial statements prepared in accordance with GAAP. If audited financial statements are not prepared, the last one (1) year of un-audited financial statements such as:

1. Reviewed Financial Statements by a Certified Public Accounting firm; or

1. Compiled Financial Statements by a Certified Public Accounting firm; will suffice as long as Respondent affirms that is not required to have its financial statements audited.

1. Debt and commercial paper ratings issued by Moody’s Investors Service, Standard & Poor’s or Fitch’s Investors Service, if applicable; and

1. Statement describing all unasserted and asserted legal claims, current status and expected outcomes and/or judgments and any off-balance sheet liabilities or contingencies.

If any Respondent(s) is unable to provide the annual report specified above, the Respondent(s) may, at the discretion of TWC, provide the following alternate report as long as Respondent affirms that it is not required to have its financial statements audited and therefore does not currently have audited financial statements to provide in response to this Solicitation:

1. Last one (1) year of unaudited financial statements, including all supplements, management discussion and analysis, and actuarial opinions;

1. An unaudited financial statement compiled, reviewed, and attested by an independent certified public accountant or certified public accountant of the most recent quarter of operation; and

1. A full disclosure of any events, liabilities, or contingent liabilities that could affect Respondent’s financial ability to perform this Contract.

At a minimum, such financial statements must include:

1. Balance sheet;

1. Income statement;

1. Statement of changes in financial position;

1. Statement of cash flows; and

1. Capital expenditures.

If any Respondent(s) is unable to provide any of the requested information above, Respondent shall provide an explanation detailing the reason(s) the Respondent is unable to provide the requested information and TWC may, in its discretion, waive the requirement to provide the requested financial information.

I. RESPONSE REQUIREMENTS

Respondents will provide the following as part of their response:

Submit one (1) original electronic copy, and one (1) copy with any information deemed confidential or proprietary redacted as directed in Attachment 1 – TWC Terms & Conditions, Section 2.4, both of which must be organized as follows:

1. Title Page (Attachment 2)

2. Execution of Response (Attachment 3)

3. Proposal Form (Attachment 4)

4. Financial Soundness identified in Section H, Financial Soundness

5. References (Attachment 5)

6. If contractor or contract staff will be transporting customers while providing services, the insurance information including carrier, policy effective dates, and proof of insurance.

7. Signed RFP Addendum, if applicable

J. RESPONSE SCREENING

1. TWC reviews the submitted responses to determine if they are responsive. For a response to be considered responsive and to be evaluated for selection, the following requirements must be met:

a. The response must have been submitted by the due date and time.

b. The response must be complete with required original signatures.

c. The response must contain all information as instructed in this RFP.

d. The response must be submitted in the format described in the RFP.

2. All responses will be screened for inclusion of all required information prior to release to the evaluation team. TWC may exclude from further consideration for selection any non-responsive response or portion of a response. In compliance with the provisions of Texas Government Code §§ 2155.074, 2155.075, 2156.007, 2157.003 and 2157.125, and 34 Texas Administrative Code (TAC) § 20.36, information obtained from the Texas Comptroller of Public Accounts Vendor Performance Tracking System (VPTS) may be used in evaluating responses for solicitations for goods and services to determine the best value for the state.

3. TWC will review vendor performance in the VPTS maintained by the Comptroller, for all the vendor submitting a response. Poor vendor performance may disqualify your response. TWC may exclude from further consideration for selection any non-responsive response or portion of a response.

a. TWC will review vendor performance using CPA Portal, http://www.txsmartbuy.com/vpts

b. Grade A-B or no results found = 0 points

c. Grade C = negative 5 points

d. Grade D or below = subject to disqualification

4. Any exceptions or deviations by the Respondent to Attachment 1, TWC’s Terms & Conditions, may make the response unacceptable for award without discussion. If a Respondent proposes exceptions to the TWC Terms & Conditions, TWC may make an award without discussion to another Respondent that did not take exceptions to the Terms & Conditions. At a minimum, responses that have exceptions to TWC’s Terms and Conditions will have points deducted from the scoring item related to exceptions to TWC’s Terms and Conditions.

TWC will review the exceptions taken to TWC Terms and Conditions and grade accordingly:

a. No exceptions taken = 0 points

b. Few [1-10] exceptions taken = negative 3 points

c. Many [more than 10] exceptions taken= negative 5 points

· TWC reserves the right to not deduct points for Exceptions requested based on controlling law applicable to the entity. Please describe the reason for requesting any or all exceptions.

· TWC may reject requested Exceptions.

5. TWC will review Contractor Financial Soundness documentation requested in Section H, Financial Soundness. TWC may request additional documentation for purposes of evaluating financial soundness. TWC may reject the Proposal for incomplete or insufficient documentation, unless the requirement to provide the requested financial information was waived. TWC will review the documentation provided and grade accordingly:

a. Demonstrated Financial Capability = 0 points

b. Minor Deficiencies = negative 3 points

c. Suggested Insufficiency = Disqualified.

K. RESPONSE EVALUATION

TWC will use a formal evaluation process to select the successful respondent(s). TWC will consider capabilities or advantages that are clearly described in the response, which may be confirmed by technical discussions, oral presentations, site visits, demonstrations, and/or references contacted by TWC. TWC reserves the right for the Authorized Procurement Contact to contact individuals, entities, or organizations that have had dealings with the respondent, whether or not identified in the response.

Proposals shall be evaluated in accordance with Texas Government Code § 2155.074(b) to provide best value to the State of Texas. TWC shall not be obligated to select the lowest priced Proposal but shall make an award to the Respondent that provides the best value to the State of Texas.

1. Evaluation Criteria Evaluation of responses will be based on the following criteria and corresponding relative weights.

3. Instructor and Staff Capabilities and Experience

i. Fee Schedule (40 Points Total):

a. Reasonableness of the proposed Fee Schedule that details pricing for all training and/or education options and other available services including training or courses that are delivered virtually, including pricing on any meal plans that are available, if applicable.

ii. Training Program (25 Points Total):

a. Comprehensiveness, appropriateness and relevance of the proposed training program and subject options that are offered in relation to the needs of TWC-VR Customers

b. Effectiveness of the proposed method(s) used to provide on-line or virtual training

c. Sufficiency of the accommodations that are provided, specific to the disabilities for which the training is designed

d. Appropriateness of class size

e. Adequacy of the (1) academic calendar and semester structure; or (2) training calendar where semester/academic calendar not applicable

f. Benefits of ancillary services offered

g. Adequacy of the housing accommodations and meal plans, if applicable

h. Ancillary Services available to VR Customers during training

i. Credential, certification, and/or outcomes obtained by or available to VR Customer upon completion of training

iii. Instructor and Staff Capabilities and Experience (25 Points Total)

a. Effectiveness of the proposed number and types of instructors utilized to provide training and instruction, and the minimum education and experience qualifications required by instructors, training staff and support staff responsible for the performance of the services ordered under the contract.

iv. Past Performance (10 Points)

a. Relevance of provided past experience to the proposed training specified in this RFP reviewing audience of the training, customer base, specified training programs, and successful outcomes obtained in previous training provided.

b. Years of experience in providing similar, relevant training.

2. Competitive Range Determinations TWC may determine certain responses receiving the highest or most satisfactory evaluations are within the competitive range for further consideration. TWC may, in the interest of administrative efficiency, place reasonable limits on the number of responses that will be included in the competitive range.

3. Discussions with Respondents Discussions may be carried out with Respondents that are within the competitive range, after which revised responses may be requested. Discussions may be conducted for purposes of:

1. clarifying and discussing any aspect of a response;

2. obtaining clarification of response ambiguities;

3. requesting modifications to a response;

4. providing instructions for submitting a revised response.

Question to Respondents and clarifications of responses do not include the opportunity to cure substantive defects in the submitted responses.

TWC may select a response for award without any discussions or may elect to hold discussions with only the single most highly qualified respondent.

4. Best and Final Offers TWC may, but is not required to, permit Respondents to prepare one or more revised responses. For this reason, Respondents are encouraged to treat their original responses and any revised responses requested by TWC as Best and Final Offers (BAFO).

If a BAFO is requested by TWC and submitted by the Respondent, it will be evaluated based on the criteria listed in Section K.1 (Evaluation Criteria), rescored, and ranked by the evaluation committee. The award will then be granted to the highest scored Respondent.

Attachment 1 – TERMS AND CONDITIONS The most recent version of the TWC VR Terms and Conditions constituting Attachment 1 are embedded in the object below.

ATTACHMENT 2 – TITLE PAGE

A Proposal Submitted in Response to the Texas Workforce Commission

Request for Proposal No. 3202300146

Training and Education for Vocational Rehabilitation Customers at Private Entities

Submitted By:

NAME OF RESPONDENT

ADDITIONAL REQUIREMENTS:

1. Title Page (Attachment 2)

1. Execution of Response (Attachment 3)

1. Proposal Form (Attachment 4), with one Proposal Form submitted for each category of training Respondent proposes to perform

1. Financial Soundness (described in Section H)

1. References (Attachment 5)

1. Signed RFP Addendum, if applicable

ATTACHMENT 3 – EXECUTION OF RESPONSE

Respondent must complete the following information, sign, and return this page. By signing below, Respondent acknowledges receipt of all TWC terms and conditions in the RFP—including Attachment 1, agrees to provide the items/services described in this RFP, and agrees to abide by all TWC Terms and Conditions as specified in this RFP and in any contract resulting from an award.

Any exceptions taken to the Terms and Conditions as set forth in this document must be identified in detail and accompany your response. Any exceptions not identified in detail at the time your response is submitted will not be considered. Please complete the following:

⬜ No exceptions taken OR ⬜ Yes, exception taken due to (state your reason(s)):

or "No")

Please attach additional forms if additional space is needed. Please label any relevant pages with Form 2, and the RFP Number.

Signature of person authorized to make this agreement Date Signed

Printed name of person signing…