ESBD_File_333626_701-23-021 FINAL for ESBD.pdf

RFP 701-23-021, NATIONWIDE

HIGHER EDUCATION ENROLLMENT &

GRADUATION RECORDS

Authorized by: TEC 48.110 College, Career or Military Readiness Outcomes Bonus

Proposals are due September 18, 2023 - 2:00 P.M. Central Time

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

Ms. Demetreus Jones https://statutes.capitol.texas.gov/Docs/ED/htm/ED.48.htm#48.110 mailto:TEASolicitations@tea.texas.gov

Table of Contents

1. Purpose, Background, and Scope of Work

1.1. Purpose

1.2. Background and Defined Terms

1.3. TEA Mission and Procurement Authority

1.4. Anticipated Schedule of Events

1.5. Contract Term

1.6. Budget

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

1.8. Project Deliverables and Milestones

1.9. Collaboration

1.10. Contract Monitoring and Dispute Resolution Procedures

2. Submission Process and Instructions

2.1. Proposal Format

2.2. Electronic Submission Process

2.3. Communication

2.4. Proposal Requirements

2.5. Conflict of Interest

3. Proposal Format and Content

3.1. Proposal Checklist

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

3.3. Management Plan, Experience, and Qualifications

3.4. Price Sheet

3.5. Contractors Financial Capability

4. Proposal Review and Evaluation

4.1. Proposal Review

4.2. Evaluation Criteria

5. Contractual Requirements

5.1. Incorporation and Order of Precedence

ATTACHMENT A: NOTICE OF INTENT TO SUBMIT A PROPOSAL

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

ATTACHMENT C: Intentionally Omitted

ATTACHMENT D: PROPOSAL COVER PAGE AND CHECKLIST

ATTACHMENT F: INTENTIONALLY OMITTED

ATTACHMENT G: CONFLICT OF INTEREST ANALYSIS FORM

ATTACHMENT H: INFORMATION SECURITY REVIEW

ATTACHMENT I: CERTIFICATE OF DATA DESTRUCTION ……………………………………………………………………………….35

1. Purpose, Background, and Scope of Work

1.1. Purpose

The Texas Education Agency (TEA) is requesting proposals from qualified respondents to provide nationwide higher education enrollment and graduation records for Texas high school graduates.

These specifications are being advertised under Section 2155.067 of the Texas Government Code. Only bids on items conforming exactly to these specifications, which include proposing only the brand name(s), make and model number(s) specified, will be considered in determining an award.

TEA understands that the data required in this solicitation may be provided by a single vendor under Section 2155.067 of the Government Code; however, TEA strongly encourages offers from all qualified respondents that may be able to provide the data.

1.2. Background and Defined Terms

The Texas Education Agency (TEA) currently uses public higher education data from the Texas Higher Education

Coordinating Board to determine post-secondary education outcomes for Texas high school graduates. With the implementation of the College, Career, or Military Readiness Outcomes Bonus in House Bill 3 (Texas 86th Legislature, 2019), funding for Texas local education agencies is partially determined by the number of students found to have entered post-secondary education. To accurately make this determination, comprehensive information that includes statuses for those high school graduates who go to colleges and universities out of state is needed. Data for 2-year and 4-year, public and private institutions of higher education are required for this project.

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

Term Definition

CMBL Centralized Master Bidders List

Contractor “Contractor” refers to entities who desire to do business with TEA.

DIR Department of Information Resources

ESBD Electronic State Business Daily

HSP Historically Underutilized Business Subcontracting Plan

HUB Historically Underutilized Business as defined in Texas Government Code § 2161.001

LEA Local Education Agency

NIGP National Institute of Governmental Purchasing

PAR Progress Assessment Report

QAP Quality Assessment Plan

Response “Response” refers to content submitted by Contractors to TEA in response to this solicitation.

SBOE State Board of Education https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

State of Texas State of Texas

TAC Texas Administrative Code

TEA Texas Education Agency

TEA Procurement Staff

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

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

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

TGC Texas Government Code

THECB Texas Higher Education Coordinating Board

VPTS Vendor Performance Tracking System

1.3. TEA Mission and Procurement Authority

The Texas Education Agency (TEA) is the state agency responsible for overseeing primary and secondary public education in Texas. TEA’s mission is to improve outcomes for all public-school students in the state by providing leadership, guidance, and support to school systems; every child, prepared for success in college, career, or the military.

TEA has adopted a strategic plan comprised of four strategic priorities built upon five key actions identified below. These may be updated in the future and can be found on the TEA website located here, https://tea.texas.gov/about-tea/welcome-and-overview/tea-strategic-plan:

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

• Key Actions (Continuous Improvement) o Supported Educators o Ready Students o Rigorous Engagement o Aligned Systems o Actionable Goal setting https://tea.texas.gov/about-tea/welcome-and-overview/tea-strategic-plan

This procurement supports TEA’s strategic plan by connecting high school to career and college. These records will provide more accurate information about the postsecondary success of Texas high school graduates.

This procurement is authorized by TEC 48.110 College, Career or Military Readiness Outcomes Bonus

Pursuant to Texas Government Code §§2151.004(d) and 2155.131, The Office of the Comptroller of Public

Accounts has delegated authority to TEA to conduct this solicitation and to award a contract for the purposes stated herein.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.48.htm#48.110 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2151.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm

1.4. Anticipated Schedule of Events

DATE EVENT

August 18, 2023

Publication of solicitation in the Electronic State Business Daily (ESBD) at:

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

August 25, 2023

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

Central Time to TEASolicitations@tea.texas.gov

September 1, 2023

Final publication of questions and answers in the ESBD at:

http://www.txsmartbuy.com/esbd

September 1, 2023 TEA preferred date to receive Notice of Intent to submit a proposal

September 18, 2023 Proposal(s) due no later than 2:00 P.M. Central Time

Sept– Oct 2023 Proposal Check-In, Evaluations, and Oral Presentations (if required)

Oct – Nov 2023 Commencement of contract negotiations with selected contractor(s)

November 2023 Anticipated start date of contract

1.5. Contract Term

The term of any contract resulting from this solicitation shall be from contract execution to August 31, 2025. TEA in its sole discretion, may renew any contract awarded pursuant to this solicitation for two additional fiscal years under the same scope of work. All contracts are subject to appropriation of funds by the Texas Legislature. TEA will notify the contractor of its decision to renew the contract, in which notice may be pursuant to purchase order issuance or other means. If the contract is renewed, the optional renewal period shall be from September 1, 2025, through August 31, 2027. The second optional renewal period shall be from September 1, 2027, through August 31, 2028.

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

1.6. Budget

TEA may award one contract from this solicitation. TEA reserves the right not to award a contract from this solicitation. The budget for deliverables provided through August 31, 2024, must not exceed $466,225.00.

Proposals must include a Price Sheet as described in Section 3.4 of this solicitation and in Attachment E.

TEA will not accept separate indirect cost rate calculations for this procurement. The proposed budget and payments to a contractor must be based on satisfactory completion and TEA acceptance of deliverables.

TEA will establish yearly invoicing procedures for the awarded contract(s) aligned to completion and acceptance of the deliverable. TEA will pay invoices upon satisfactory performance of services, receipt and http://www.txsmartbuy.com/esbd mailto:TEASolicitations@tea.texas.gov mailto:HUBOffice@tea.texas.gov http://www.txsmartbuy.com/esbd acceptance of specified deliverables, and receipt of properly prepared invoices and supporting documentation.

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

The awarded contractor will provide TEA with expected record and file specifications, and TEA will send the awarded contractor a listing of Texas high school graduates for the most recent school year and graduates from up to eight previous years. The awarded contractor will then search for any postsecondary educational institution records for the entire supplied listings of Texas high school graduates and for previously submitted graduate cohorts and will return records for those individuals. The contractor will provide a license for the use of their data. The data will be used for state and federally legislated, mandated reporting and Commissioner priority projects. TEA will also share the data securely with individual school districts to verify funding of outcomes bonuses.

The use of the contractor materials will include but not limited to:

• TEA sharing the data securely with individual school districts to verify funding of outcomes bonuses and to support and audit post-secondary advising programs,

• TEA sharing the data, in a de-identified format such that the data could not be used to identify an individual or a particular institution, with the Texas Higher Education Coordinating Board (THECB) for placement in the Texas Education Research Centers for use by researchers with approved projects under Texas Education Code 1.005-1.006,

• TEA publishing postsecondary outcomes for Texas public high school graduates on agency web reports, and

• TEA using the data for internal research projects.

TEA will provide the Access to Confidential Information: TEA Agent Agreement form to the awarded contractor prior to sharing graduate seed records. At the end of the contract, the awarded contractor will destroy all TEA-provided data and provide a certificate of destruction to TEA. At the end of the contract, the awarded contractor will be required to complete the Certificate of Secure Data Destruction form (See Attachment H) as directed by the TEA project manager.

1.8. Project Deliverables and Milestones

Project Deliverable 1 – Student-level files containing nationwide enrollment and graduation records from higher education institutions.

Project Deliverable 2 – Formatted reports containing nationwide enrollment and graduation records from higher education institutions and formatted reports for each high school campus. Enrollment and graduation records must be provided within 30 calendar days of the contractor receiving the seed records from TEA

1.9. Collaboration

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

Awarded Contractor Responsibilities:

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

• Participating in scheduled project meetings;

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

• Adhering to the Price Sheet or other schedules for deliverables as specified by TEA after consultation with the awarded contractor, including proposed deadlines for draft work products;

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

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

• Responding within 5 business days to all requests for feedback on methodology or data manipulation;

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

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

• Adhering to policies and procedures regarding fingerprinting and criminal background checks prior to conducting any school visits, as applicable; and

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

TEA Responsibilities:

• Providing awarded contractor(s) and any subcontractors information on changes in legislation, reporting needs, or any other activities that may impact the project(s);

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

• Coordinating support and resources for the project;

• Providing necessary data and documentation;

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

• Monitoring the awarded contractor’s progress, as outlined in contractor-submitted monthly progress reports to ensure compliance with contract terms;

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

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

• Providing and coordinating feedback on all submitted datasets; and

• Monitoring proper transmission and destruction of data.

1.10. Contract Monitoring and Dispute Resolution Procedures

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

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

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

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

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

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

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

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

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

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

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

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

• Identifying and resolving disputes with the contractor promptly;

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

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

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

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

• Conducting site visits to a contractor’s facility;

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

• Reviewing contractor-prepared progress reports;

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

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

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

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

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

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

2. Submission Process and Instructions

2.1. Proposal Format

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

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

Proposal Format and Requirements:

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

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

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

• The contractor must sign the Execution of Offer contained within Attachment B. By signing the

Execution of Offer, the contractor affirms that all statements within the proposal are true and correct.

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

• Contractors must submit proposals electronically by ShareFile link.

2.2. Electronic Submission Process

Submission by ShareFile

TEA will only accept proposals using ShareFile as a secure electronic submission method. In order to upload their proposal document(s), contractors must navigate to the specially created ShareFile folder linked below. Contractors must include their name, company name, and email address prior to the upload.

TEA encourages contractors to follow the filename conventions outlined above.

Once uploaded, the ShareFile application will notify TEA of the upload and send confirmation of the submission to the contractor’s email address entered prior to document upload. The file(s) will be date and time-stamped upon upload. Only approved TEA staff will have access to the information contained in the secure ShareFile folder. TEA relies on the upload confirmation to determine the timeliness of the proposal. Contractors are advised to plan ahead to ensure TEA receives their proposals prior to the deadline. TEA determines whether a proposal is on time or late based on when TEA receives the proposal, not when it is uploaded or submitted.

The secure ShareFile link for this solicitation is: https://tea.sharefile.com/r-r2c03614b78e24750b7c2c3ce7975df9d

Intent to Submit Proposal

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

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

2.3.Communication https://tea.sharefile.com/r-r2c03614b78e24750b7c2c3ce7975df9d file:///C:/Users/spatters/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/UBMQ0Q1S/TEASolicitations@tea.texas.gov

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

Limited Contact Policy

Contractors must send all communications about this solicitation via email to the designated TEA

Procurement Staff member at TEASolicitations@tea.texas.gov. Contractors may contact the TEA

Historically Underutilized Business (HUB) office at HUBOffice@tea.texas.gov for the purpose of addressing

HUB and HUB Subcontracting Plan (HSP) questions only.

TEA will not accept phone inquiries regarding this procurement.

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

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

Question and Answer Process

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

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

Communication after the Proposal Due Date

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

• Seek clarification regarding proposal(s).

• Invite contractors to participate in oral presentations.

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

• Exchange information required to facilitate a potential contract award.

TEA will notify all contractors of the award or non-selection upon contract execution. The Limited Contact

Policy remains in force until all contract(s) from this solicitation have been executed.

2.4.Proposal Requirements

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

mailto:TEASolicitations@tea.texas.gov mailto:HUBOffice@tea.texas.gov http://www.txsmartbuy.com/esbd

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

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

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

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

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

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

Texas Public Information Act

Proposals submitted in response to this solicitation are subject to release under TGC, Chapter 552, Public

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

Historically Underutilized Business (HUB) Subcontracting Plan (HSP)

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

Statement of Probability

TEA has determined that subcontracting opportunities are not probable in connection with this procurement. As a result, contractors will not be required to submit an HSP with its proposal.

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

2.5.Conflict of Interest

An entity will not be selected if it has a conflict of interest that will or may arise during the performance of its obligations under the contract. The contractor must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to the submission of a proposal by the entity and its proposed subcontractors. The contractor must complete the Conflict-of-Interest Analysis

Form in Attachment G. TEA prefers that the supporting documents identified in Attachment G be included where highlighted on the last page of the attachment.

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

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

For purposes of this disclosure requirement:

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

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

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

• “Personal relationship” means a current or past connection other than a clearly contractual, business, financial, or similar relationship and includes family relationships or other connections outside simply providing a response to this solicitation; and

• For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity. TGC Chapter 573 defines these degrees of consanguinity and affinity.

Connections other than such family relationships fall within this definition and must be disclosed, if:

• A reasonable person could expect the connection to diminish the contractor’s independence of judgment or effectiveness in the performance of its responsibilities to TEA or the State under the contract; or

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

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

The contractor must certify compliance with TGC § 669.003, relating to contracting with the executive head of a state agency. If TGC § 669.003 applies, the contractor must provide the following information: name of former executive; name of state agency; date of separation from state agency; position with the contractor;

and date of employment with the contractor. The contractor agrees that it has a continuing duty to supplement its proposal under this provision and that the duty to disclose any conflicts of interest is an ongoing obligation throughout the term of the contract. The contractor must submit updated information as soon as reasonably possible upon learning of any updates that are required to these mandatory disclosures.

Certificate of Interested Parties Form 1295

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

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

3. Proposal Format and Content

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

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

3.1. Proposal Checklist

Proposals should be organized, indexed, and clearly labeled according to the contents below. TEA provides the proposal checklist to assist contractors with including all required information in their response and to assist the evaluation team during their review of the proposals. The contractor should refer to the appropriate section of this solicitation for detailed information on the items listed in the checklist. Failure to provide the required information will result in the disqualification of the proposal from consideration.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.669.htm#669.003 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm#2252.908

PROPOSAL CHECKLIST

Proposal Cover Page Attachment D

Table of Contents N/A

Understanding of the Project, Methodology, and Technical Components

Section 3.2

Management Plan, Experience, and Qualifications Section 3.3

Price Sheet Section 3.4, Attachment E

Signed Contract Terms, Conditions and Affirmations, Response Preferences, and Execution of Offer

Attachment B

Conflict of Interest Analysis Form including all attachments (i.e., organization charts, resumes, etc.)

Section 2.5, Attachment G

Information Security Review Attachment H

Certificate of Secure Data Destruction form Attachment I

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

The proposal should describe the tasks to be performed, identify potential problems in the execution of the project, and provide methods to identify and solve such problems The proposer should describe clearly, specifically, and as completely as possible, the methodology for carrying out the objectives and requirements of the project, as described in this solicitation.

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

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

3.3. Management Plan, Experience, and Qualifications

The contractor must provide satisfactory evidence of its ability to manage and coordinate the types of tasks, activities, and deliverables described in this solicitation and to produce the specified good and/or service on time and with high quality. At a minimum, the contractor must include the following information:

A. The contractor’s organizational chart (with names and titles) and a description of its management structure;

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

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

D. Number of years the contractor has provided the type(s) of services described in this solicitation;

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

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

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

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

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

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

and

• Key milestones and deliverables

TEA may contact references to verify past performance such as:

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

• Business conduct and innovation; and

• Problem resolution and customer satisfaction.

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

Attachment G and its required attachments. TEA recommends the completed form and responsive attachments be incorporated into a separate and distinct section in the proposal.

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

3.4. Price Sheet

The proposal must contain proposed pricing for the initial contract term and the optional renewal period.

Pricing should be sub-divided by each state fiscal year. Proposers are highly encouraged to use Attachment

E to meet this requirement but may submit pricing in an alternate format, if necessary.

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

3.5. Contractors Financial Capability

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

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

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

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

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

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

4. Proposal Review and Evaluation

4.1. Proposal Review

TEA will review proposals as soon as practical after the proposal deadline. At its sole discretion, TEA may request contractors with the highest scoring proposals to participate in oral presentations. In most cases, oral presentations will take place via video conference. In the event TEA requires oral presentations to take place in Austin, Texas, contractors will be responsible for their own travel expenses.

If oral presentations take place, the TEA evaluation team will score proposals again following oral presentations. The evaluation team shall consist of TEA staff with subject matter expertise who are knowledgeable in the content area. Absent good cause, the evaluation team will consist of the same individuals if written and oral presentations are required.

TEA Procurement Staff will compile the scores, verify them, and present the evaluation team’s recommendations to TEA senior executive staff. TEA senior executive staff will exercise one of three options:

• Approve the recommendation to award the contract to the highest ranked contractor;

• Tentatively award the contract to the highest ranked contractor subject to successful completion of negotiations; or

• Not award the solicitation.

TEA will not disclose information about the status of this procurement until a contract is executed by both parties. If TEA awards multiple contracts, TEA will not disclose information until all contracts are signed.

Upon contract award, TEA will post the contract award notice to the ESBD at:

http://www.txsmartbuy.com/esbd. TEA will notify each contractor in writing of the selection or non-selection for award after contract execution.

4.2. Evaluation Criteria

TEA intends to award one contract based on the ability of a contractor to complete all requirements contained in this solicitation. A contractor who is in default or otherwise not in good standing under any other current or prior contract with TEA at the time of selection will not be eligible for an award. TEA will base its selection on the proposer’s proposed price, experience, and ability to provide high-quality, reliable deliverables. As applicable, the factors described in TGC §2155.074 and 2155.075 will be considered in making an award.

State agencies report vendor performance to the Comptroller of Public Accounts via the VPTS to assist all state agencies in determining the best value for future awards. In accordance with TGC §2262.055, TEA will use the

VPTS to determine whether or not a contractor’s Vendor Performance Rating meets best value standards for contracting with the state. An overall score of “D” or “F” will result in a disqualification from consideration/evaluation for the current solicitation.

Criteria Points

A. Qualifications & Experience 20

B. Compliance with RFP Requirements 40

C. Proposed Price 40

Total Possible Points 100

5. Contractual Requirements

5.1. Incorporation and Order of Precedence

http://www.txsmartbuy.com/esbd https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.074 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.075 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2262.htm#2262.055

A copy of TEA’s standard terms are conditions are attached to this solicitation as Attachment B.

Contractors are responsible for reviewing the contract terms and conditions carefully. Most TEA contract clauses are required by state or federal law, administrative rule, or Comptroller of Texas Public Accounts guidance.

Contractors must clearly identify any exceptions to Attachment B as part of their proposal and offer alternative language to any contract terms and conditions when submitting a response to this solicitation.

If a contractor signs their response and submits it without including specific exceptions to the contract terms and conditions included in this solicitation, TEA will not negotiate and reserves the right to start negotiations with other contractors.

TEA will incorporate the selected proposal into the contract between the awarded contractor(s) and TEA.

In the event of a conflict between or among the various documents comprising the contract, the following order of precedence will control (as applicable):

1. Special Terms and Conditions of the Contract;

2. Standard TEA Terms and Conditions;

3. Standard Form of Contract, inclusive of all attachments and annexes, other than the Special Terms and

Conditions and the Standard Terms and Conditions;

4. Contractor’s Best and Final Offer (BAFO); and

5. Contractor’s executed proposal submitted in response to this solicitation.

ATTACHMENT A: NOTICE OF INTENT TO SUBMIT A PROPOSAL

RFP 701-23-021, Nationwide Higher Education Enrollment & Graduation Records

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

Filing this notice in no way obliges the person or entity to submit a proposal. Failure to submit a Notice of

Intent will not disqualify the contractor from consideration. A contractor that does not file this notice is still eligible to submit a proposal.

The undersigned organization hereby files a notice of intent to submit a proposal:

Name of Organization:

Mailing Address:

Contact Person:

E-Mail:

Phone Number:

Please submit this Notice of Intent to Submit a Proposal via e-mail as soon as possible to:

TEASolicitations@tea.texas.gov

Attention: Ms. Demetreus Jones

Texas Education Agency

Contracts and Purchasing Division

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

OF OFFER

INSERT CURRENT T&C et al docs and DELETE this page after conversion to .pdf format and prior to CPA review and/or ESBD posting.

Program staff may review attachment on iTEA at:

https://texasedu.sharepoint.com/:b:/r/sites/itea/cpd/Shared%20Documents/S2-

Solicitation%20and%20Evaluation/Contract%20Terms%20Conditions%20Affirmations%20Response%20Pref erences%20and%20Execution%20of%20Offer%201-7-22.pdf?csf=1&web=1&e=agnvuQ https://texasedu.sharepoint.com/:b:/r/sites/itea/cpd/Shared%20Documents/S2-Solicitation%20and%20Evaluation/Contract%20Terms%20Conditions%20Affirmations%20Response%20Preferences%20and%20Execution%20of%20Offer%201-7-22.pdf?csf=1&web=1&e=agnvuQ https://texasedu.sharepoint.com/:b:/r/sites/itea/cpd/Shared%20Documents/S2-Solicitation%20and%20Evaluation/Contract%20Terms%20Conditions%20Affirmations%20Response%20Preferences%20and%20Execution%20of%20Offer%201-7-22.pdf?csf=1&web=1&e=agnvuQ https://texasedu.sharepoint.com/:b:/r/sites/itea/cpd/Shared%20Documents/S2-Solicitation%20and%20Evaluation/Contract%20Terms%20Conditions%20Affirmations%20Response%20Preferences%20and%20Execution%20of%20Offer%201-7-22.pdf?csf=1&web=1&e=agnvuQ

Rev. 01.07.22

ATTACHMENT B

CONTRACT TERMS, CONDITIONS, RESPONSE PREFERENCES, AND EXECUTION OF OFFER

1. Defined Terms: As used in this Attachment B, the following capitalized terms have the meanings specified below.

(a) Authorized User shall mean (i) TEA, (ii) any Texas Local Education Agency (“LEA”), school district staff member, private school, private school staff member, teacher, tutor, parent, student and/or resident (whether currently in-state or temporarily outside the state), and (iii) any other third-party and its or their staff or personnel serving or acting on behalf of any of the Authorized Users named in (i) or (ii) above.

(b) Cloud Computing means, in accordance with Section 2054.0593 of the Texas Government Code, a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction.

(c) Commercial shall mean selling or reselling (whether directly or indirectly, via outright sale, license or otherwise) for financial consideration, access to the Contractor Materials or the Technology Platform.

(d) Comptroller means the Texas Comptroller of Public Accounts.

(e) Contract means the document entered into between TEA and Contractor, including all attachments (for the avoidance of doubt, including, but not limited to, the Standard TEA Terms and Conditions and any Special Terms and Conditions), annexes, exhibits, schedules, amendments, renewals and extensions of or to the Contract.

(f) Contract Manager means the respective person(s) representing TEA or Contractor, as indicated by the Contract, for the purposes of administering the Contract Project.

(g) Contract Project means the purpose intended to be achieved through the Contract.

(h) Contractor means the party to this Contract who is providing the contracted goods or services to TEA, provided that, prior to contract award, Contractor means the person or entity who provides a Response (i.e., a “Respondent”).

(i) Contractor Materials means, collectively, the pre-existing, complete, standalone materials or products of Contractor marketed and offered by Contractor to third parties prior to provision to TEA that Contractor can document as such, and all Intellectual Property Rights embodied therein, and any derivatives thereof other than those created by TEA, that are created during the term of this Contract, and includes any Third Party Materials (as defined below).

(j) EIR means electronic and information resources as defined in 1 TAC (as defined below) § 206.1, as may be amended from time to time.

(k) FERPA means the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99), the regulations issued pursuant thereto, and any amendments thereto.

(l) HSP means a HUB subcontracting plan.

(m) HUB means an entity certified by the Comptroller as a Historically Underutilized Business as defined in Texas Government Code Section 2161.001.

(n) Intellectual Property Rights means the legal rights or interests evidenced by or embodied in: (i) any idea, design, concept, method, process, technique, apparatus, invention, discovery, or improvement, including any patents, trade secrets, and know-how; (ii) any work of authorship, including any copyrights, moral rights or neighboring rights; (iii) any trademark, service mark, trade dress, trade name, or other indicia of source or origin; (iv) domain name registrations, social media pages and associated handles and hashtags; and (v) any other similar rights. The Intellectual Property Rights of a party include all legal rights or interests that the party may have acquired by assignment or license with the right to grant sublicenses.

(o) Non-Commercial means any activity other than Commercial activities.

(…