ESBD_File_331365_Addendum 2_Attachment 1_Revised RFP HHS0013349.pdf

Attachment 1_Addendum 2 RFP No. HHS0013349 Page 1 of 42

Cecile E. Young, Executive Commissioner

Request for Proposals (RFP)

For

RFP No. HHS0013349

HIV/STD Prevention Project

Date of Release: July 26, 2023

Responses Due: August September 25, 2023, by 10:30 a.m. Central Time

NIGP Class/Item Codes:

915-03 Advertising and Public Relations, Including Skywriting 915-10 *Advertising, Digital 948-34 Disease Prevention and Control Services, Contagious 948-43 Health Information Services 952-22 Community Service Campaigns, Anti-Litter Programs, Bicycle Share Programs etc.

958-84 *Social Media Management Services 961-53 *Marketing Services, Including Distribution, Public Opinion Surveys, Research, Sales Promotions, etc.

(*) Denotes Automated Information Systems (AIS).

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Table of Contents Article I. Executive Summary, Definitions, and Authority

1.1 Executive Summary

1.2 Definitions

1.3 Authority

Article II. Scope of Work/Specifications

2.1 Program Background

2.1.1 Background

2.1.2 Target Population and Service Areas

2.1.3 Description of Services and Work Plan

2.1.4 Contractor Requirements

2.1.5 Agency Responsibility

2.1.6 Deliverables and Performance Measures

2.1.7 Invoicing & Verification Process

2.1.8 Transition Plan

2.1.9 Turnover Plan

2.2 Contract Award, Term, and Historical Compensation

2.2.1 Contract Award and Execution

2.2.2 Contract Term

2.2.3 Historical Compensation

2.3 No Guarantee of Volume, Usage, or Compensation

2.4 Governmental Entities

Article III. Administrative Information

3.1 Schedule of Events

3.2 Ambiguity, Conflict, or Discrepancy

3.3 Inquiries

3.3.1 Sole Point of Contact

3.3.2 Prohibited Communication

3.3.3 Exception to Sole Point of Contact

3.3.4 Solicitation Questions

3.4 Pre-proposal Conference

3.4.1 Attendance

3.4.2 Conference Logistical Information

3.4.3 Questions at Pre-Proposal Conference

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3.5 Solicitation Response Composition

3.5.1 General Information

3.5.2 Page Limit and Supporting Documentation

3.5.3 Discrepancies

3.5.4 Exceptions

3.5.5 Assumptions

3.5.6 Binding Offer

3.6 Solicitation Response Submission and Delivery

3.6.1 Deadline

3.6.2 Submission Option

3.6.3 Submission Checklist

3.6.4 Labeling and Delivery for USB Submission and Other Materials

3.6.5 Modifications and Withdrawals

Article IV. Solicitation Response Evaluation and Award Process

4.1 Conformance with State Law

4.2 Best Value Determination

4.2.1 Selection Methodology

4.2.2 Minimum Qualifications

4.2.3 Initial Compliance Screening

4.2.4 Written Solicitation Response Evaluation

4.2.5 Written Response Evaluation Criteria

4.2.6 Final Written Response Score

4.2.7 Summary of Best Value Determination

4.3 Questions or Requests for Clarification

Article V. Narrative Proposal

5.1 Executive Summary

5.1.2 Scope of Work

5.1.3 Project Work Plan

5.1.4 Qualification and Experience

Article VI. Required Respondent Information

6.1 Company Information

6.1.1 Company Narrative

6.1.2 Company Profile

6.2 Franchise Tax – Right to Transact Business in Texas

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6.3 References

6.4 Major Subcontractor Information

6.5 Affirmations and Certifications

6.6 Other Reports

6.6.1 Dun and Bradstreet Reports

6.6.2 Financial Statements and Financial Solvency

6.6.3 Alternate Report

6.7 Corporate Guarantee

6.8 HUB Subcontracting Plan

Article VII. Cost Proposal

7.1 Cost Proposal

Article VIII. General Terms and Conditions

8.1 General Conditions

8.1.1 Changes, Modifications, and Cancellation

8.1.2 Offer Period

8.1.3 Costs Incurred

8.1.4 Contract Responsibility

8.1.5 Public Information Act - Respondent Requirements Regarding Disclosure

8.1.6 Respondent Waiver – Intellectual Property

8.1.7 Standards of Conduct for Vendors

8.1.8 Disclosure of Interested Parties

8.2 Insurance

8.2.1 Required Coverage

8.2.2 Alternative Insurability

8.3 Protest

Article IX. List of Exhibits

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ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Health and Human Services Commission (HHSC), for and on behalf of the Department of State Health Services (DSHS), is seeking a qualified vendor to assist in developing a statewide iteration of an existing National Human Immunodeficiency Virus (HIV) Prevention Social Marketing and Community Engagement Campaign. The campaign must be designed to reach populations in Texas that have increased risk for HIV in accordance with specifications contained in this Request for Proposals (RFP).

HHSC PCS will administer the procurement process for this Solicitation, which includes RFP publication, handling of communications from vendors, as well as managing the receipt of Solicitation Responses for review and evaluation.

Information regarding HHSC or DSHS and its programs is available online and can currently be accessed at https://www.DSHS.texas.gov/hivstd/info/about.shtm.

1.2 DEFINITIONS

Refer to Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions (UTC) – Vendor, Version 3.3 and Exhibit C, Health and Human Services (HHS) Additional Provisions, Version 1.0, for additional definitions.

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below:

“Addendum” means a written clarification or revision to this Solicitation issued by HHSC PCS and posted to the ESBD.

“Award Consideration (AC) Documents” means documents Respondent must submit as part of the Solicitation Response to be considered for negotiations or award.

“Contract Term” means the period of time beginning with the commencement date or Effective Date of a Contract and ending when the Contract expires in accordance with its terms, or when it has been terminated.

“DSHS” means the Department of State Health Services.

“ESBD” means the Electronic State Business Daily, the electronic marketplace where State of Texas bid opportunities over $25,000 are posted. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

https://www.dshs.texas.gov/hivstd/info/about.shtm http://www.txsmartbuy.com/esbd

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“Final Written Response Score” refers to the final scoring of the written response as documented in the Solicitation.

“HCV” means Hepatitis C virus

“HIV” means human immunodeficiency virus

“HHSC” means the Health and Human Services Commission.

“HHSC PCS” means Procurement and Contracting Services (PCS), a division of HHSC.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required to be submitted with all responses to state agency contracts with an expected value of $100,000 or more where the state agency has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by the state agency during the term of the Contract.

“MSM” means men who have sex with men.

“PLWH” means people living with HIV

“PrEP” means pre-exposure prophylaxis

“DIS” means Disease intervention specialists

“Respondent” means the individual or entity responding to this Solicitation.

“Solicitation” means the document issued by the System Agency (including any published addenda, exhibits, and Attachments) under which the goods or Services provided under the Contract were initially requested, which is incorporated by reference for all purposes in its entirety.

“Solicitation Consideration (SC) Documents” means documents that must be submitted by Respondent with the Solicitation Response in order to be considered for evaluation and cannot be resubmitted or have errors remedied after the submission due date and time in the Schedule of Events has passed.

“State” means the State of Texas and its instrumentalities, including HHSC or DSHS, and any other state agency, its officers, employees, or authorized agents.

“STD” means Sexually Transmitted Disease

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“VPTS” means Vendor Performance Tracking System, as defined under Section 2262.055 of the Texas Government Code and Title 34 of the Texas Administrative Code Part 1, Chapter 20, Subchapter B, Division 2, Rule §20.115 and Subchapter F, Division 2, Rule §20.509.

1.3 AUTHORITY

HHSC or DSHS is soliciting the services stated in this Solicitation under of the authority Texas Government Code. HHSC or DSHS is soliciting the services listed herein under Texas Government Code §2155.144 and Texas Health and Safety Code Chapters 12, 81, and 1001.

ARTICLE II. SCOPE OF WORK/SPECIFICATIONS

2.1 PROGRAM BACKGROUND

2.1.1 Background

The mission of the DSHS HIV/STD Section is to identify, report and control HIV, acquired immunodeficiency syndrome (AIDS), and sexually transmitted diseases (STDs) in Texas.

DSHS emphasizes activities that prevent HIV acquisition, increase early diagnosis, and promote participation in treatment. A key activity is to raise awareness of HIV in those persons and communities most vulnerable to the virus. Communities are based on DSHS data to determine geographic and demographic communities at risk within the state. DSHS HIV prevention programs and initiatives work to reduce the number of Texans living with undiagnosed infections and make it easier for Texans to get HIV pre-exposure prophylaxis, a daily pill that prevents HIV. In addition, DSHS funded programs, around the state, provide HIV treatment and care services to increase access to life-extending medication and fill gaps in critical medical and support services. Providing and promoting prompt access to HIV testing, prophylaxis, and treatment services are all critical components of reducing the burden of this disease in Texas.

Reducing the number of Texans with new HIV infections requires action on the four pillars outlined in the Ending the HIV Epidemic in the U.S. initiative https://www.hiv.gov/federal-response/ending-the-hiv-epidemic/overview/. The four pillars are listed below, along with information on where Texas stands and the DSHS services that address them:

a. DSHS requests applications to support strategies that have a deliberate focus on the prevention and control of STDs within high-risk populations disproportionately impacted, support efforts to raise awareness and reduce STD-related stigma, and ensure people have the tools and knowledge for STD prevention, testing, and treatment. Strategies include, but are not limited to;

b. Develop and implement culturally informed and linguistically appropriate campaigns to provide education on sexual health, HIV/STD/HCV primary prevention, testing and treatment to reduce STD-related stigma and promote sexual health;

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2262.htm#2262.055 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=115 https://texreg.sos.state.tx.us/public/readtac$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=509 https://www.hiv.gov/federal-response/ending-the-hiv-epidemic/overview/ https://www.hiv.gov/federal-response/ending-the-hiv-epidemic/overview/

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c. Increase awareness of STD testing among adolescents, young adults, MSM, and pregnant women; and

d. Increase awareness of education, especially MSM and their providers, on the importance of extragenital testing.

DSHS goal is to reduce the number of Texans with new syphilis, gonorrhea and chlamydia infections, require an increase in awareness about STDs and how they impact our lives; reduce STD-related stigma, fear, and discrimination; and ensure people have the tools and knowledge for prevention, testing, and treatment. Further information can be found at the Center for Disease Control Care and Prevention website: (https://www.cdc.gov/std/saw/index.htm).

Pillar 1: Diagnose all people with HIV as early as possible.

People can live with an HIV infection for years before being diagnosed, but if they are not aware of their infections, they cannot receive the life-extending treatment they need. They also have the greatest likelihood of transmitting the virus to others. DSHS estimates that about half of HIV transmissions in Texas each year come from people who are not aware of their HIV infections.

DSHS estimates that 84 percent of all Texans living with HIV in 2021 were aware of their status, but a little over 18,500 Texans were not. The DSHS goal is for 90 percent of people living with HIV to be aware of their status by 2030. DSHS uses a three-pronged approach to reduce the number of Texans living with undiagnosed HIV:

a. Offer community-based testing focused on persons at high risk;

b. Help (Recommend using Assist) emergency departments and primary care clinics integrate HIV testing into their routine patient care; and

c. Offer testing to the partners of people recently diagnosed with HIV or syphilis through partner services.

Pillar 2: Treat the infection rapidly and effectively to achieve sustained viral suppression.

Once a person is diagnosed with HIV, treatment must be lifelong. In 2022, DSHS estimated that almost eight out of 10 Texans (77 percent) living with a diagnosed HIV infection were in HIV-related medical care. Of those in continuous care, about 86 percent had a suppressed viral load, meaning that they had a very low level of HIV in their body. In addition to the health benefits of HIV treatment, there is scientific consensus that treatment also acts as prevention. People with a suppressed viral load cannot sexually transmit the virus to others. The DSHS goals are for 90 percent of Texans with diagnosed HIV to be in continuous treatment, and for 90 percent of people on treatment to have suppressed viral loads by 2030.

For People Living With HIV (PLWH), DSHS administers the Texas HIV Medication Program, which provides medication and insurance assistance to more than 21,000 eligible Texans each https://www.cdc.gov/std/saw/index.htm

Attachment 1_Addendum 2 RFP No. HHS0013349 Page 9 of 42 year. DSHS also works with partner agencies to provide HIV-related outpatient treatment and supportive services for more than 37,000 low-income Texans. These services fill gaps in local treatment systems, including treatment for behavioral health conditions and substance abuse.

DSHS also funds medical case management to promote participation in care and adherence to treatment and support services such as transportation and housing.

Pillar 3: Prevent new HIV transmissions by using proven interventions, including pre-exposure prophylaxis.

The overarching goal of all HIV services is to drive down the number of Texans who acquire new infections. The estimated number of new infections in Texas has been stable at about 4,500 per year, but the goal is to cut this number in half by 2030. DSHS funds partner agencies to provide a variety of HIV prevention programs. Prevention activities include providing one-on-ones and group interventions to reduce behavioral risk, as well as help Texans, at a high risk for HIV, access pre-exposure prophylaxis (PrEP) to prevent them from acquiring HIV and to assure they use PrEP effectively. Since the estimated lifetime cost to the healthcare system for someone diagnosed with HIV in Texas in 2021 was around $380,000, prevention is essential to improving the health of Texans and reducing the overall financial impact of the disease.

Pillar 4: Respond quickly to potential HIV outbreaks to get needed prevention and treatment services to people who need them.

Disease Intervention Specialists (DIS) at local health departments and in public health regions are the front line in responding to reports of people with new HIV diagnoses, offering them assistance with linkage to treatment, and providing testing and counseling to their partners. DIS recently began using molecular surveillance to help direct their outreach activities. This data provides vital information to DIS to assure that people at high risk of transmitting or acquiring HIV get the prevention and treatment services they need. In addition to these services, DSHS conducts public education and awareness activities and performs disease surveillance and epidemiologic analysis to better understand and respond to the communities and groups bearing the greatest burden of HIV in Texas. Surveillance information is also used to direct resources to areas of highest need and to evaluate the impact of funded services.

Since 2009, a national HIV prevention social marketing and community engagement campaign has been used in an effort to reduce new HIV infections among gay and bisexual men, and other men, who have sex with men (MSM), with a particular focus on Black and Hispanic MSM and Black Texans overall in select Texas media markets where HIV is prevalent. The campaign must include culturally competent methods for reaching MSM, particularly Black and Hispanic MSM.

2.1.2 Target Population and Service Areas

Members of the priority population comprise about 70 percent of those acquiring HIV, being diagnosed with HIV, and living with diagnosed or undiagnosed HIV. The campaign must include

Attachment 1_Addendum 2 RFP No. HHS0013349 Page 10 of 42 culturally competent methods for reaching MSM, particularly Black and Hispanic MSM. DSHS may request additional campaigns to provide messaging to new and emerging populations based on data trends. The campaign must target the five statewide priority populations:

a. Black men who have sex with men (MSM);

b. Latino MSM;

c. White MSM;

d. Black women; and

e. transgender individuals.

Since 2009, a national HIV prevention social marketing and community engagement campaign has been used in an effort to reduce new HIV infections among gay and bisexual men, and other men, who have sex with men (MSM), with a particular focus on Black and Hispanic MSM and Black Texans overall in select Texas media markets where HIV is prevalent.

2.1.3 Description of Services and Work Plan

The awarded Contractors must complete all work plan requirements. The work plan requirements are listed in the chart below:

Table 1 Work Plan Requirements

Work Plan Requirements

(WPR) ID

Description

WPR 01 Provide or produce HIV/STD testing, prevention, and treatment media messages for in-need populations.

WPR 02 Implement targeted media plan to place above referenced messages to reach in-need populations.

WPR 03 Update and maintain localized web informational resources in English and Spanish.

All national campaign websites utilized under this contract must meet Section 508 of the Rehabilitation Act and Web Content Accessibility Guidelines (WCAG) 2.0 Level AA accessibility standards or prevailing standards in the future.

The website shall be managed and owned by the Contractor.

However, HHSC owns data on the website.

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WPR 04 Produce and distribute informational and outreach materials for use by local health departments and community organizations; items may include but not be limited to brochures, palm cards, and posters.

WPR 05 Conduct Presentations for DSHS

a. DSHS requires, but is not limited to, a minimum of three presentations per year. Presentations will be in Austin, Dallas/Fort Worth and the Texas/Mexico border region; and

b. The Statewide Conference includes: travel, stipends, and other costs associated with presentations/speaking events; and

c. b. Experience: speaker(s)/presenter(s) must have experience in developing and implementing social marketing campaigns, knowledge of best practices in HIV prevention and care, as well as knowledge of the epidemiology of HIV in Texas.

WPR 06 Conduct focus groups with priority populations at the request of DSHS and provide reports on the findings.

a. Report must be provided to the DSHS contact no later than 45 calendar days after the conclusion of the focus groups;

b. Report must be in Microsoft Word 2010 (or above) and PDF format; and

c. Report must include the following:

1. The questions asked;

2. The responses received; and

3. An analysis of the data.

WPR 07 Provide project planning, management, and reporting to DSHS.

a. Readiness Assessment Plan (Plan for demonstrating all personnel, processes, and systems are in place and ready for Service delivery.)

b. Acceptance of All Plans (Written approval from HHSC that all required Plans & Transition Deliverables were completed.)

2.1.4 Contractor Requirements

2.1.4.1 Required Campaign Activity

The Prevention Social Marketing and Community Engagement Campaign (the “Campaign”) activities must:

Involve community members living with or affected by HIV.

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a. Focus on subpopulations and neighborhoods where HIV is most prevalent as determined by epidemiological data;

b. Address social determinants of health, such as housing, poverty, and access to care;

c. Reduce stigma and discrimination against persons living with HIV;

d. Promote the notion that everyone has a role in HIV prevention;

e. Facilitate open discussion in communities impacted by HIV; and

f. Reflect HIV messaging promoted by the Centers for Disease Control and Prevention.

2.1.4.2 Contractors Responsibilities

Contractor will assist DSHS in developing a local iteration of an existing, national HIV prevention social marketing and community engagement campaign. The campaign will be designed to reach populations in Texas at increased risk for HIV. The key elements and deliverables of the Campaign, are as follows:

a. Develop HIV testing, prevention, and treatment media messages for in-need populations;

b. Implement targeted digital media plan to place above referenced messages to reach in-need populations;

c. Update and maintain localized web informational resources, in English and Spanish;

d. Produce and distribute informational and outreach materials for use by local health departments and community organizations; items will include, but not be limited to brochures, palm cards, poster;

e. Conduct focus groups with priority populations and provide finding reports;

f. Provide project planning, management, and reporting to DSHS; and

g. Contractor will provide reports on a quarterly basis per the milestones outlined in 2.1.6.

2.1.5 Agency Responsibility

a. DSHS must approve a deliverable prior to the payment of any funds for such deliverable under the Contract;

b. DSHS may require the Contractor to provide additional information as deemed necessary by DSHS in connection with DSHS’s review of a deliverable; and

c. DSHS will provide reporting templates to the selected Contractor within 30 days of Contract start date.

2.1.6 Deliverables and Performance Measures

The Contractor shall invoice DSHS once every three months for the services provided during that time. The final invoice being submitted no later than the termination date of the Contract.

Contractor agrees that no additional costs will be charged to or paid by DSHS under this Contract.

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DSHS will not pay or withhold federal, state, or local income or other payroll taxes on behalf of the Contractor. Contractor agrees to report and pay all applicable taxes.

Failure to submit invoices on time may impact vendor performance or – potential for renewal

Contractor’s performance will be evaluated during the life of the Contract; Contractor will be expected to meet the following deliverables and performance measures. Through the Performance and Outcome Measures set forth below and through monitoring of. The milestones and measures are as follows:

Table 2 Work Plan Deliverables

No. Description Due Date(s)

WKP No. 1 Provide DSHS Coordinator the number of impressions generated by media placements.

Quarterly

WKP No. 2 Provide DSHS Coordinator the number of visits to associated campaign websites and/or social networking sites from targeted audience segments in Texas.

Quarterly

WKP No. 3 Provide DSHS Coordinator the number of attendees and/or materials distributed at HIV awareness events.

Quarterly

WKP No. 4 Provide DSHS Coordinator the number of HIV tests performed at campaign-associated testing events.

Quarterly

WKP No. 5 Provide the number of bonus spots or added value from media properties, if applicable.

Quarterly

WKP No. 6 Collect and report data provided by local entities on number of inquiries, clinic visits, tests provided, and/or new positives identified.

Quarterly

WKP No. 7 Report on additional evaluation components implemented to assess campaign effectiveness.

Quarterly

WKP No. 8 Report on local implementation and coordination of existing national social marketing and community engagement campaign;

This campaign is directed toward gay and bisexual men and/or Black Texans at increased risk for HIV; and

Quarterly

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2.1.7 Invoicing & Verification Process

To receive payment, the Contractor will request payments by submitting an invoice along with the State of Texas Purchase Voucher (“Form B-13”) at https://www.dshs.texas.gov/hivstd/contractor/cmsforms.shtm?terms=B-13.Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to the address below.

Department of State Health Services Claims Processing Unit, MC 19401100 West 49th Street P.O. Box 149347 Austin, Texas 78714-9347 Fax: (512) 458-7442 Email: invoices@dshs.state.tx.us Cc: cmsinvoices@dshs.texas.gov

Contractors’ invoices must be in accordance with Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter F, Division 1, § 20.487, 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=487#:~:text=CONTRACT%20ADMINIS TRATION-,RULE%20%C2%A720.487,-Invoicing%20Standards. Invoicing Standards, which should include at a minimum, but is not limited to:

a. Contractors Legal Name;

b. State of Texas Vendor number or federal tax Identification number;

Table 2 Work Plan Deliverables

No. Description Due Date(s)

The campaign is in place to promote knowledge of the effectiveness of HIV treatment, PrEP/nPEP, availability of HIV care services, HIV risk reduction behaviors, knowledge of HIV status, and/or re-engagement in HIV care.

WKP No. 9 Provide reports documenting traditional and digital media placements;

This includes but is not limited to: dates, locations, and number of impressions generated, and experiential marketing activities; and

This includes but is not limited to detailed explanation of event and/or printing costs incurred.

Quarterly https://www.dshs.texas.gov/hivstd/contractor/cmsforms.shtm?terms=B-13 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=487#:%7E:text=CONTRACT%20ADMINISTRATION-,RULE%20%C2%A720.487,-Invoicing%20Standards https://texreg.sos.state.tx.us/public/readtac$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=487#:%7E:text=CONTRACT%20ADMINISTRATION-,RULE%20%C2%A720.487,-Invoicing%20Standards 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=487#:%7E:text=CONTRACT%20ADMINISTRATION-,RULE%20%C2%A720.487,-Invoicing%20Standards

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c. Remit-to address with mailing address, telephone number and fax number;

d. DSHS assigned contract number and name of the DSHS contract manager;

e. Unique invoice number assigned by Contractor submitting the invoice;

f. Invoice total and exact date invoice is submitted;

g. Description and date of services performed;

h. Cost for each service by category as outlined in payment for services;

i. Period covered by the invoice;

j. The name and contact information of the person submitting the invoice; and

k. All services must be performed to DSHS satisfaction, and DSHS shall not be liable for any payment for services which are unsatisfactory or have not been approved by DSHS.

DSHS reserves the right to verify the details set forth in Contractors invoices, either before or after payment, by requesting additional information including inspecting books of the Contractors at a mutually convenient time or documentation which clearly indicates an activity has taken place or an expense has been incurred. Any revisions deemed necessary to the invoices by DSHS will require the Contractor to resubmit the invoice with a new date the invoice is submitted.

2.1.8 Transition Plan

The Contractor will be required to complete the transition phase within sixty (60) Calendar Days following the Contract Effective Date. Contractor will develop its project work plan per Section

2.1.6 and its associated project timeline. These activities will be considered complete upon DSHS written approval.

2.1.9 Turnover Plan

Contractor must transfer information and media components to next awarded Contractor when their Contract ends. This prevents a disruption in service for agency customers. Contractor must provide a Turnover Plan that details the proposed schedule, activities, and resource requirements for an orderly and expeditious transfer of marketing campaign elements and materials to an incoming service provider. Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of DSHS personnel or a third party, as directed by DSHS.

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2.2 CONTRACT AWARD, TERM, AND HISTORICAL COMPENSATION

2.2.1 Contract Award and Execution

DSHS intends to award one Contract from this Solicitation. Any award is contingent upon approval of the HHSC or DSHS executive commissioner or their designee.

If, for any reason, a final Contract cannot be executed with a Contractor selected for award within fourteen business days of HHSC or DSHS’s determination to seek to contract with that Contractor, DSHS may negotiate a Contract with the next highest-scoring Contractor or may withdraw, modify, or partially award this Solicitation.

2.2.2 Contract Term

The initial term of any Contract resulting from this Solicitation will be two years. Subject to the availability of funds, HHSC or DSHS, at its sole option, may extend the Contract awarded pursuant to this Solicitation for up to three additional one-year options.

2.2.3 Historical Compensation

Current historical compensation for four (4) years has been approximately $800,000.00. Total compensation under any Contract awarded shall not exceed $1,600,000.00 for the five (5) year contract period. Notwithstanding the preceding, HHSC or DSHS reserves the right to increase this amount if additional state or federal funding becomes available during the term of the Contract, including any extensions.

2.3 NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

HHSC or DSHS makes no guarantee of volume, usage, or total compensation to be paid to any Contractor under any awarded Contract, if any, resulting from this Solicitation. Any awarded Contract is subject to appropriations and the continuing availability of funds.

DSHS reserves the right to cancel, make partial award, or decline to award a Contract under this Solicitation at any time at its sole discretion.

2.4 GOVERNMENTAL ENTITIES

If Respondent is responding to this Solicitation in its capacity as a governmental entity, certain terms and conditions found in this Solicitation, including all exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Solicitation Response is received from a governmental entity, DSHS reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

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ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Solicitation Posting Date to ESBD July 26, 2023

Pre-proposal Conference Attendance is Optional

August 01, 2023 at 10:00 a.m.

Central Time

Deadline for Submitting Questions or Requests for Clarification

August 02, 2023, at 5:00 p.m.

Central Time

Tentative Date Responses to Questions or Requests for Clarification Posted on ESBD

August 25, August 10, 2023 at 5:00 p.m. Central Time

Deadline for courtesy HSP review September 11, August 16, 2023 at 5:00 p.m. Central Time

Deadline for Submission of Solicitation Responses [NOTE: Responses must be RECEIVED by HHSC by the deadline.]

August September 25, 2023 at 10:30 a.m. Central Time

Evaluation Period Mid-September October 2023

Anticipated Notice of Award February Early April 2024

Anticipated Contract Start Date Late April September 1, 2024

Respondents must submit their Solicitation Responses to HHSC in accordance with the Due Date and time indicated in this Schedule of Events or as changed via an Addendum posted to the ESBD.

NOTE: All dates are tentative and HHSC reserves the right to modify these dates at any time. At the sole discretion of HHSC, events listed in the Schedule of Events are subject to scheduling changes and cancellation. Scheduling changes or cancellation determinations made prior to the deadline for submission will be published by posting an Addendum to the ESBD. After the deadline for submission, if there are delays that significantly impact the anticipated award date, Attachment 1_Addendum 2 RFP No. HHS0013349 Page 18 of 42

HHSC, at its sole discretion, may post updates regarding the anticipated award date to the Procurement Forecast on the HHS Procurement Opportunities web page. Each Respondent is responsible for checking the ESBD and Procurement Forecast for updates.

By submitting a Solicitation Response, Respondent represents and warrants that any individual submitting the Solicitation Response and any related documents on behalf of the Respondent is authorized to do so and to bind the Respondent under any Contract that may result from this Solicitation.

3.2 AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the Sole Point of Contact (Section 3.3.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation in the manner and by the deadline described in Section 3.3.4 (Solicitation Questions).

Respondent submits a Solicitation Response at its own risk.

If Respondent fails to properly and timely notify the Sole Point of Contact (Section 3.3.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation, Respondent, whether awarded a Contract or not:

a. Waives any claim of error or ambiguity in the Solicitation and any resulting Contract;

b. Must not contest the interpretation by HHSC or DSHS of such provision(s); and

c. Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities

Attachment 1_Addendum 2 RFP No. HHS0013349 Page 19 of 42

3.3 INQUIRIES

3.3.1 Sole Point of Contact

All requests, questions, or other communication about this Solicitation shall be made in writing to HHSC PCS, addressed to the person listed below (Sole Point of Contact). Additionally, a phone number is provided for purposes such as instructing a potential Respondent through an IT system or website referenced in this Solicitation. Communications via telephone are not binding.

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. Respondents seeking to contact the Sole Point of Contact should do so via e-mail in order to receive updated contact information.

Name Amanda Herrera, CTCD

Title PCS Contract Specialist IV

Phone 512-406-2482

Email amanda.herrera@hhs.texas.gov

See also, Section 3.3.3 (Exception to Sole Point of Contact) below.

3.3.2 Prohibited Communication

Except as provided in Section 3.3.1 (Sole Point of Contact) and Section 3.3.3 (Exception to Sole Point of Contact), potential Respondents and Respondents are prohibited from any communication with HHSC or DSHS regarding the Solicitation. HHSC or DSHS, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through HHSC or DSHS designated staff as provided by Section

3.3 (Inquiries). This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation. Failure to comply with these restrictions may result in disqualification of Respondent's Solicitation Response.

3.3.3 Exception to Sole Point of Contact

Exceptions to Section 3.3.1 are as follows:

a. Respondents with questions relating to the HUB Subcontracting Plan are permitted to direct those questions to the HUB coordinator at Bob.McCurdy@hhs.texas.gov.

mailto:amanda.herrera@hhs.texas.gov mailto:Bob.McCurdy@hhs.texas.gov

Attachment 1_Addendum 2 RFP No. HHS0013349 Page 20 of 42

b. Where it is expressly directed by the Sole Point of Contact that another designated HHSC representative may speak to the Respondent, such as during Contract negotiations.

Respondents are required to ensure that communications have been authorized by the Sole Point of Contact before engaging in such communication. Failure to comply with this requirement may result in the disqualification of a Respondent’s Solicitation Response.

3.3.4 Solicitation Questions

HHSC or DSHS will allow written questions and requests for clarification regarding this Solicitation. Questions must be submitted by e-mail to the Sole Point of Contact (Section 3.3.1) by the deadline established in Section 3.1 (Schedule of Events). Responses to questions or other written requests for clarification will be consolidated and posted to the ESBD and will not be provided individually to requestors.

HHSC or DSHS reserves the right to amend answers previously posted, prior to the Solicitation response deadline (Section 3.1). Amended answers will be posted on the ESBD. It is the Respondent's responsibility to check the ESBD. HHSC or DSHS also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

a. All questions and requests for clarification must include the following information:

1. Solicitation number;

2. Solicitation package reference (page number, section, and exhibit or attachment, if applicable;

3. Question topic (e.g., “Schedule of Events,” or “Exhibit M – Cost Proposal”); and

4. Question for HHSC or DSHS

b. Requestors contact information below must be included in the body of the e-mail and submitted with the question(s):

1. Company name;

2. Company representative name;

3. Phone number; and

4. E-Mail address.

Questions or requests for clarification received after the deadline in Section 3.1 (Schedule of Events), may be reviewed by HHSC or DSHS but may not be answered. Only answers to questions submitted to the Sole Point of Contact in writing, in accordance with this section, are binding.

Attachment 1_Addendum 2 RFP No. HHS0013349 Page 21 of 42

3.4 PRE-PROPOSAL CONFERENCE

3.4.1 Attendance

HHSC PCS will conduct a pre-proposal conference. Attendance is optional but highly recommended.

In-person attendees are required to sign an attendance log prior to leaving the pre-proposal conference. Attendees to virtual pre-proposal conferences are required to send an email to the Sole Point of Contact (Section 3.3.1), advising of participation in the pre-proposal conference.

Attendees must provide their name, phone number, and name of the company they are representing regardless of whether the pre-proposal conference is in-person or virtual.

3.4.2 Conference Logistical Information

HHSC PCS will hold the pre-proposal webinar on the date and time set out in Section 3.1 (Schedule of Events).

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact identified in Section 3.3.1 (Sole Point of Contact), at least seventy-two (72) hours before the meeting in order to have reasonable accommodations made by HHSC.

Webinar Information:

https://attendee.gotowebinar.com/register/4564228230470674779

3.4.3 Questions at Pre-Proposal Conference

a. Reference Section 3.3.4 (Solicitation Questions) for the required format and information to be provided for submission of questions and requests for clarification;

b. During the conference, HHSC or DSHS may provide responses to questions and requests for clarification, but only written responses posted by HHSC PCS as an Addendum to the Solicitation on the ESBD will be considered an official, binding update to the Solicitation;

c. HHSC or DSHS reserves the right to amend, prior to the Solicitation Response Deadline, answers previously posted. Amended answers will be posted on the ESBD. Notification of posting will be in accordance with Section 3.1 (Schedule of Events); and

d. Conversations with HHSC or DSHS program area staff before or after the pre-proposal conference are prohibited.

https://attendee.gotowebinar.com/register/4564228230470674779

Attachment 1_Addendum 2 RFP No. HHS0013349 Page 22 of 42

3.5 SOLICITATION RESPONSE COMPOSITION

3.5.1 General Information

Failure to submit all required Solicitation Response documents in the required format(s) may result in disqualification of the Solicitation Response without further consideration Section 3.6.3, (Submission Checklist). Respondent shall prepare a Solicitation Response that clearly and concisely represents its qualifications and capabilities. Expensive bindings, colored displays, promotional materials, etc. are not necessary or desired. Respondent should focus on the instructions and requirements of the Solicitation.

3.5.2 Page Limit and Supporting Documentation

The narrative/technical proposal should not exceed fifteen (15) pages and should be formatted for 8 ½" x 11" paper with 1-inch margins and typed in Times New Roman, 12-point font. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the Solicitation Response, with specific reference made to the file, page, section, and/or paragraph where the supporting information can be found.

3.5.3 Discrepancies

In the event of any discrepancies or variations between copies, HHSC or DSHS is under no obligation to resolve the inconsistencies and may make its scoring and selection decisions, accordingly, including the decision to potentially disqualify a Solicitation Response. If Respondent is required to designate an “Original” Solicitation Response but fails to do so, HHS or DSHS, in its sole discretion, will determine the version to be used as the original or may disqualify the Solicitation Response. If the Respondent submits a redacted Solicitation Response as the “Original,” HHSC or DSHS will disqualify the Solicitation Response and it will not be evaluated.

HHSC or DSHS will not accept submissions after the “Deadline for Submission of Solicitation Responses” in Section 3.1 (Schedule of Events) to remedy discrepancies or variations in Solicitation Response submissions.

3.5.4 Exceptions

Respondents are highly encouraged, in lieu of including exceptions in their Solicitation Responses, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 3.3.4 (Solicitation Questions).

Any exception included in a Solicitation Response may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its Solicitation Response, Respondent is required to use the Exceptions Form included as Exhibit E to this Solicitation and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Exhibit E may be rejected without consideration.

Attachment 1_Addendum 2 RFP No. HHS0013349 Page 23 of 42

No exception, nor any other term, condition, or provision in a Solicitation Response that differs, varies from, or contradicts this Solicitation will be considered to be part of any Contract resulting from this Solicitation unless expressly made a part of the Contract in writing by HHSC or DSHS.

3.5.5 Assumptions

Respondent must identify on the Assumptions Form, Exhibit F any business, economic, legal, programmatic, or practical assumptions that underlie the Respondent’s response to the Solicitation.

DSHS reserves the right to accept or reject any assumptions. All assumptions not expressly identified and incorporated into any Contract resulting from this RFP are deemed rejected by HHSC or DSHS.

3.5.6 Binding Offer

A Solicitation Response should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated.

Furthermore, all Solicitation Responses constitute binding offers. Any Solicitation Response that includes any type of disclaimer or other statement indicating that the response does not constitute a binding offer may be disqualified.

If a Respondent’s ability to enter into a Contract is contingent upon any exception or assumption provided in accordance with Section 3.5.4 (Exceptions) or Section 3.5.5 (Assumptions), the Respondent may be disqualified from further consideration for Contract award.

3.6 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.6.1 Deadline

Solicitation Responses must be received at the address in Section 3.6.4 (Labeling and Delivery for USB Submission and Other Materials) and time stamped by HHSC PCS no later than the date and time specified in Section 3.1 (Schedule of Events).

Solicitation Responses received after the deadline specified in Section 3.1 will be rejected and not considered for Contract award.

3.6.2 Submission Option

a. Submission Option #1: Respondent shall submit two USB drives—one (1) labeled “Original Proposal” and one (1) labeled “Copy”—containing the following documents:

1. Each USB must contain one file named “Original” that contains the Respondent’s entire Solicitation Response (except the cost proposal and HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

Attachment 1_Addendum 2 RFP No. HHS0013349 Page 24 of 42

2. If applicable in accordance with Section 8.1.5, (Public Information Act – Respondent Requirement Regarding Disclosure), each USB must contain one file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable PDF.

3. In accordance with Section 7.1, (Cost Proposal), each USB must contain one file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

4. In accordance with Section 6.8, (HUB Subcontracting Plan), each USB must contain one file named “HUB Subcontracting Plan” in searchable PDF, that contains the Respondent’s HUB Subcontracting Plan and all supporting documentation.

b. Submission Option #2: Respondent shall submit the following through the Online Bid Room utilizing the procedures in Exhibit K, HHS Online Bid Room:

1. One file named “Original” that contains the Respondent’s entire Solicitation Response (except the cost proposal and HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

2. If applicable in accordance with Section 8.1.5, (Public Information Act – Respondent Requirements Regarding Disclosure), one file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable PDF.

3. In accordance with Section 7.1, (Cost Proposal), each USB must contain one file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

4. In accordance with Section 6.8, (HUB Subcontracting Plan), each USB must contain one file named “HUB Subcontracting Plan” in searchable PDF, that contains the Respondent’s HUB Subcontracting Plan and all supporting documentation.

3.6.3 Submission Checklist

Solicitation Consideration and Award Consideration Documents, reference Section 1.2 (Definitions) must be submitted by the deadline for Solicitation Response submissions, reference Section 3.1 (Schedule of Events). Solicitation Consideration Documents will be reviewed as received, and Respondent will not have an opportunity to remedy missed requirements. At its sole discretion, HHSC may request some or all of the Respondents to remedy missing elements of Award Consideration Documents. Those marked “SC” are Solicitation Consideration Documents and those marked “AC” are Award Consideration Documents.

Attachment 1_Addendum 2 RFP No. HHS0013349 Page 25 of 42

The Solicitation Response must be submitted using one of the approved methods identified in Section 3.6, (Solicitation Response Submission and Delivery). Below are the documents required to be submitted with the Solicitation Response. Where searchable PDF files are required, submission of non-searchable (image only) PDF files may result in disqualification from further consideration for Contract award.

A. Proposal and Respondent Information

1. Narrative Proposal (Article 5) SC ____

2. Minimum Qualifications (Section 4.2.2) SC ____

3. Company Information (Section 6.1) SC ____

4. Franchise Tax Information (Section 6.2) AC ____

5. References (Section 6.3) AC ____

6. Major Subcontractor Information (Section 6.4) SC ____ 7.

8.

9.

HHS Solicitation Affirmations

Assurances – Non-Construction Programs (if…