ESBD_File_344053_Request for Proposal RFP-FY24-300-002, Office Space Lease-Lower Valley.pdf

Request for Proposal RFP-FY24-300-002, Office Space Lease-Lower Valley

1 Cover Page

Point Value: 0

REQUEST FOR PROPOSALS

RFP-FY24-300-002

Office Space Lease-Lower Valley

Release/Posting Date

Friday, December 1, 2023, at 5:00 p.m. (MST)

Submission Deadline

Thursday, January 4, 2024, at 2:00 p.m. (MST)

Workforce Solutions Borderplex, Inc.

304 Texas Ave., Suite 1400

El Paso, TX 79901

(915) 887-2200 procurement@borderplexjobs.com

Workforce Solutions Borderplex, Inc. is an Equal Opportunity Employer/Program. Auxiliary aids available upon request to individuals with disabilities. Relay Texas: Telecommunication Device for the Deaf (TDD) "711" or (800-735-2989), (800-735-2988 Voice). Ayuda y servicios están disponibles para personas con discapacidades. Relay Texas: Sistema de comunicación para personas con problemas auditivos (TDD) "711" o (800-735-

2989), (800-735-2988 Voz) mailto:procurement@borderplexjobs.com

2 Request for Proposal (RFP) Packets

Workforce Solutions Borderplex (WSB) intends to apply part of its budgetary allocation toward the lease of office spaces to host all service operations, serve clients, offer training, and comply with TWC standards.

AVAILABILITY

Request for Proposal "RFP-FY24-300-002, Office Space Lease-Lower Valley" will be available after

5:00 p.m. (MST), Friday, December 1, 2023, at https://my.rfp360.com/public/rfp/acf817c2-0a1b-

4c34-8a6f-12c4adc46526

PROPOSAL DUE DATE AND DELIVERY METHOD

Electronic proposals are to be posted in RFP 360 no later than:

2:00 p.m. (MST) on Thursday, January 4, 2024.

Responses will not be accepted under this

Request for Proposal after this date and time.

No other method of submittal will be accepted unless there are extenuating circumstances, and the

Contracts Administrator has provided written guidance to the Bidder.

3 Specifications

SCOPE OF WORK

Workforce Solutions Borderplex, Inc. (WSB), is soliciting proposals from qualified contractors to provide office space for lease.

GENERAL REQUIREMENTS

The property must comply with the following requirements:

1. ADA Compliance with the Texas Workforce Commission/TAS.

2. Commercial office space must be between 19,000 sq. ft and no more than 23,000 rentable sq. ft

3. Property must be located on the South side of Interstate-10, within the zip code 79907.

Properties should fall within the boundaries of Lee Trevino, N. Americas, and Alameda.

4. The desired location should have easy access to bus routes and easy access for all forms of transportation.

The rentable space should include the following:

1. Open space for offices

2. ADA-compliant restrooms to accommodate between 20-45 staff personnel and anticipated daily customer flow of approximately 100-200 clients

3. Break room space

4. Ample parking to accommodate staff and customers with a reasonable number of Van

Accessible parking spaces

5. ADA-compliant ramped sidewalks

Hours of Service: Tenant shall have access to the space at all times. The normal workday is from

Monday through Friday from 7:00a.m. to 6:00p.m., Saturdays from 8:00a.m. to 12:00p.m.

All building services must be regulated to provide for appropriate building conditions between such times.

4 Important Information

Bidders Conference

Microsoft Teams Meeting

Thursday, December 14, 2023 at 2:30 p.m. (MST)

Join on your computer, mobile app or room device

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Meeting ID: 217 585 006 482

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+1 915-320-3483,,374036245# United States, El Paso

Phone Conference ID: 374 036 245#

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Attendance to this conference is not mandatory, but is strongly recommended. The conference offers potential bidders the opportunity to obtain guidance on the scope and nature of the work required or to ask technical questions.

QUESTION/ANSWER PERIOD

Questions may be submitted no later than 12:00 p.m. (MST), Wednesday, December 20, 2023.

Submit questions via the RFP 360 portal or via email at procurement@borderplexjobs.com.

Questions received after the deadline will not be answered.

Answers to questions will be posted in the RFP 360 portal following the question and answer release deadline Friday, December 22, 2023, by 5:00 p.m. (MST). Respondents are encouraged to view the portal frequently to ensure they are fully aware of the most current information. All answers issued in response to Respondent questions become part of the RFP and the RFP process.

LETTER OF INTENT

Prospective bidders may submit a Letter of Intent to Bid by 12:00 p.m. (MST) on Thursday, December 28, 2023. This notice is not required to bid and does not obligate the prospective bidder to submit a proposal.

PROPOSAL DUE DATE AND DELIVERY METHOD

Electronic proposals are to be submitted through RFP 360 no later than:

2:00 p.m. (MST) on Thursday, January 4, 2024.

Responses will not be accepted under this request for Proposal after this date and time.

No other method of submittal will be accepted unless there are extenuating circumstances and the

Contracts Administrator has provided written guidance to the Bidder.

SUBMISSION OF PROPOSALS

WSB has made the transition to an all-digital procurement system and uses the RFP 360 online portal to manage all formal procurements. Respondents must follow all the rules provided in this RFP and submit their complete proposal via RFP 360. The RFP 360 portal allows bidders to begin and save proposals and to return to continue, edit or complete the proposal at a different time.

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Official receipt of proposals will be provided automatically by the RFP 360 portal upon completion and submission of a proposal. Timely submission of proposals is the sole responsibility of the proposer.

Proposals may be withdrawn upon written request if made before the response deadline. Once the response deadline is passed, all proposals will become the property of the WSB and will not be returned.

Proposals submitted in response to this RFP are subject to the Texas Public Information Act, Government

Code, Chapter 552, and may be disclosed to the public upon request. No documents relating to this procurement will be presented or otherwise made available to any other person, agency, or organization until after the funding award. Any proprietary information should be clearly marked as "Proprietary".

(Note: Information marked as proprietary may still be considered public information; the Attorney

General makes the final decision on what is proprietary.)

CONTRACT TERM PERIOD

WSB intends to award a contract for a (5) five-year term with no options to negotiate a contract renewal.

The contract will continue annually for five consecutive years contingent upon satisfactory performance, need and availability of funds. A contractor performance evaluation will be required at the end of each year.

5 RFP Timeline Schedule

RFP SCHEDULE

The following schedule of events is subject to change at the discretion of WSB. All times shown in the

RFP are Mountain Standard Time Zone (MST).

RFP Release/Posting Date December 1, 2023, at 5:00p.m. (MST)

Bidders' Conference December 14, 2023, at 2:30p.m. (MST)

Questions Submittal Date December 20, 2023, at 12:00p.m. (MST)

Answers Release Date: December 22, 2023, at 5: 00 p.m. (MST)

Letter of Intent Due Date: December 28, 2023, at 12:00 p.m. (MST)

Proposal Due Date January 4, 2024, at 2:00 p.m. (MST)

General Board Presentation January 18, 2024, at 12:00 p.m. (MST)

Contract Start Date February 1, 2024

6 Who We Are

Workforce Solutions Borderplex, Inc. (hereafter "WSB") is a regional 501(c) (3) non-profit corporation that provides workforce services to job seekers and businesses in a six-county region along the U.S.-

Mexico border from El Paso to east of Presidio County. As one of 28 workforce boards in Texas, Workforce Solutions Borderplex's mission is to provide skilled workers to employers by advancing education, employment, entrepreneurship and economic development opportunities in support of global competitiveness and regional prosperity.

WSB is governed by a Board of Directors appointed by local Chief Elected Officials in accordance with the provisions of Texas Senate Bill 642, Texas House Bill 1863 and the Federal Workforce Investment

Act of 1998.WSBis composed of volunteer community leaders representing the private sector; organized labor-based organizations (CBOs); education; public employment service (TWC); vocational rehabilitation; public assistance; economic development; local literacy councils; and, adult basic education.

The Board of Directors has hired a Chief Executive Officer (CEO) to serve as the person in charge of

WSB's daily operations. The CEO is ultimately responsible for and oversees the operations and finances of WSB's programs, personnel and procurement processes utilized to comply with Federal and State regulations.

WSB is the oversight entity and fiscal agent for workforce development services and administers the procurement of goods and services that complies with Federal and State regulations. The primary responsibility of WSB is to identify the workforce needs and issues of the area; and provide policy and program guidance and evaluation of workforce development programs and services that affect area employers, residents and job seekers.

WSB represents a public/private partnership that serves as a catalyst for building a workforce development system that meets the needs of local employers and job seekers. The Workforce Board area consists of Brewster, Culberson, El Paso, Hudspeth, Jeff Davis and Presidio counties.

For more information about WSB, please view the materials at www.borderplexjobs.com. Additional information about Workforce Solutions Borderplex and the workforce system, in general, can be obtained from www.twc.texas.gov.

This (RFP) provides potential respondents with vital background information and describes the desired services, guidelines for submitting a response, and the selection process. Potential respondents are strongly encouraged to:

• Read the RFP carefully; and

• Provide all necessary information and ask questions or seek technical assistance on points or concepts that are unclear.

7 General Information

PROCUREMENT STANDARDS

Procurement of goods and services under federal assistance programs shall be in compliance with the final rules promulgated by the Office of the Texas Governor under the Uniform Grants Management

Standards, and the Texas Workforce Commission (TWC) Financial Manual for Grants and Contracts.

These guidelines require that procurement transactions be conducted in a manner that provides for maximum free and open competition. Additionally, awards may only be made to organizations possessing the demonstrated ability to perform successfully under the terms and conditions of the contract agreement.

The Texas Workforce Commission's (Commission) Financial Manual for Grants and Contracts (FMGC)

§14.3 states:

The procurement of all goods and services shall be conducted, to the maximum extent practical, in a manner providing full and open competition consistent with applicable administrative requirements.

ELIGIBILITY TO RESPOND

This Request for Proposal (RFP) is open regarding the variety of proposed options to ensure that the resulting selection will be responsive to the current needs and challenges of the organization.

Organizations able to meet the technical specifications for quality and other terms of this proposal package and not debarred and/or suspended from conducting business with federal and state funded agencies are invited to respond. A prospective proposer must affirmatively demonstrate responsibility. A prospective proposer, by submitting a proposal, certifies to WSB that it meets the following requirements:

http://www.borderplexjobs.com/ file://///www.twc.tx.gov

• Possesses or is able to obtain adequate financial resources as required to perform under this

RFP.

• Is able to comply with the required or proposed RFP.

• Has a satisfactory record of integrity and ethics.

• Be otherwise qualified and eligible to receive an award.

• Be in good standing with the applicable national or state associations.

No contract(s) will be awarded to any respondent(s) that is/are on State or Federal sanctions, during the award phase of the procurement process.

Minority, disadvantaged, veteran-owned and women-owned businesses that are certified by the State as

Historically Underutilized Businesses (HUB) are encouraged to respond to this RFP.

For purposes of this RFP, interested contractors are referred to as "Proposers", "Respondents", "Applicants", "Bidders", or "Contractors."

8 General Information (cont.)

AUTHORIZED BOARD CONTACT

The authorized Workforce Board contact for this procurement is the Procurement & Contracts Manager, Workforce Solutions Borderplex, Inc., 304 Texas Ave., Suite 1400, El Paso, Texas 79901, Telephone:

(915)887-2941 or via email at procurement@borderplexjobs.com.

CONE OF SILENCE

WSB's Cone of Silence was adopted to ensure a fair and competitive bidding environment by preventing communication between WSB officials, employees, or representatives and parties involved in the bidding process that could create an unfair advantage to any party with respect to the award of a WSB contract.

The Cone of Silence period begins on the day that the request for proposal (RFP) is advertised and ends on the day that a contract award is made. The Cone of Silence prohibits any communication or lobbying activities during the Cone of Silence period by any person, including but not limited to, bidders, lobbyists or consultants of bidders, service providers or potential vendors and any of the following:

WSB Board members, WSB staff, and associated parties are precluded from entertaining any questions outside the bidders' conference and/or the written question process described below. Potential applicants are asked to respect these conditions by not making personal requests for assistance. Unauthorized methods or sources of responses or clarification are considered invalid. Any violation of this process will disqualify the proposal and the bidding company.

GENERAL CONDITIONS

Bidders are encouraged to consider the following general conditions in preparing responses.

• WSB reserves the right to negotiate the final terms of any and all contracts or agreements with the selected respondent and any such terms negotiated as a result of this RFP may be renegotiated and/or amended in order to successfully meet the needs of the workforce development area.

• All costs directly or indirectly related to the preparation of a response to the RFP or any oral presentation required to supplement and/or clarify a proposal, which may be required by the

WSB, shall be the sole responsibility of and borne by the applicant.

• It is WSB's intent to contract with an entity that will perform all primary functions of this contract. The contractor may subcontract any of the activities/functions described herein. It is expected that any such arrangement(s) be disclosed in the applicant's proposal.

• Budgets must be based on allowable, reasonable, allocable, and necessary expenses to the proposed program. Any contract resulting from this procurement shall include a cost allocation plan for any shared costs.

• The Offeror selected for funding under this RFP will be subject to pre-award reviews. This may include but not be limited to a review of the Offeror's record keeping procedures, management systems, accounting and administrative systems and procedures. Pre-award reviews will occur prior to contract negotiations.

CHANGES, AMENDMENTS, WITHDRAWAL, RE-ISSUANCE

Any Bidder may withdraw their proposal via a written request at any time prior to the proposal due date and time through RFP 360 or via email at procurement@borderplexjobs.com.

In addition, the Workforce Board reserves the right to:

• Amend or withdraw this RFP at any time;

• Reject any and all applications; and/or Re-issue this RFP.

9 General Requirements

COMPLIANCE

Respondent is required to comply with all federal, state, and local laws, rules and regulations, Workforce

Board policies and procedures, Workforce Board Issuances, and the terms and conditions of this contract as follows:

• Provide General Liability Insurance as required by Workforce Board policies.

• Demonstrate the ability to provide the requested services.

• Comply with budget constraints and the appropriate billing procedures.

10 Submission Guidelines

GENERAL GUIDELINES

To be considered for award, each respondent must submit an offer (proposal) and other supporting documentation in strict accordance with these instructions. When evaluating a proposal, WSB will consider how well the respondent complied with these instructions. WSB will consider any failure on the part of the respondent to comply with these instructions to be an indication of the type of conduct it can expect during contract performance. Therefore, WSB encourages respondents to contact the Authorized

Contact by email to request any additional clarification that may be needed to comply with these instructions.

FORMAT

Each respondent is required to answer all questions and provide signed forms for all required sections.

11 Review & Evaluation

EVALUATION PROCESS

WSB will award the contract to the bidder(s) that submits a proposal which represents the "best value" to

WSB. Cost will not be the only consideration in the selection of award and/or short-listed proposals.

Detailed evaluation of proposals will involve a determination of the most favorable combination of various elements contained in this RFP. The selection of the ultimate winning proposal will be based upon what the proposal review team believes to be most advantageous to WSB.

The evaluation process will consist of:

• An initial review for responsiveness and compliance with the technical specifications and other criteria specified in the RFP;

• Only responsive proposals will be evaluated and scored by a proposal evaluation panel.

Responsive proposals will be evaluated on specific areas by all reviewers using the same standardized instrument;

• Review and scoring by an evaluation committee;

• Bidder interviews (if deemed necessary)

• Presentation of evaluations, scoring and recommendations of proposal review team to user department manager and/or WSB's CEO;

• Presentation of evaluations, scoring and recommendations of proposal review team to Board of

Directors for RFPs over (1) one million dollars.

Proposals may be deemed non-responsive for:

1. Failure to follow the prescribed format for submitting the proposal;

2. Failure to sign and submit the Cover Sheet, Assurances and Certifications;

3. Failure to include one or more of the Attachments listed in the Format section of this RFP.

PROPOSAL REVIEW COMMITTEE

A proposal review committee will be assigned to evaluate all responsive proposals received by WSB. The review team will use the evaluation criteria as outlined below.

12 Evaluation Criteria

CRITERIA

The following criteria will be used to evaluate each proposal response. Each response will be awarded a numerical rating based on the information provided by the respondent, up to the maximum number of points indicated for each area of consideration. There are 100 points available. Proposals that do not meet minimum standards and/or earn an overall rating of less than 70 points will be deemed unacceptable and will be disqualified from further consideration. A minimum of 70 points are required to continue to the interview phase for RFPs that require bidder interviews. The review and evaluation of proposals will be based on the following criteria:

Total Occupancy Cost (50 points maximum)

Did the bidder include an itemization of all costs to include:

• Base rent

• Cost per sq. ft.

• Security deposits

• Operating expense charges

• Build-out allowances or build to suit options offered

• Type of Rent option with a listing of covered costs

• CAM definitions if applicable to the rent option

• Utilities not include in the lease payment

• Discounts offered for nonprofit entity

• Additional services offered such as janitorial, day porter, or other

Space Requirements (30 points maximum)

• Location - Proximity to and ease of access from, major highways and thoroughfares, proximity to public bus service

• Square Footage

• Parking

• Accessibility Standards Compliance

• Breakroom space, storage, ample parking

Bidder Information (5 points maximum)

Additional Required Documents (15 points maximum)

Historically Underutilized Businesses (HUB) (5 Points, Tie Breaker)

In the event that two (2) or more responsive proposals end-up with a tie score the following criteria will be used as a tiebreaker:

A respondent that is State HUB certified and has provided the organization's State HUB Certification

Number on the Cover Sheet (Attachment B) and attached a copy of the State HUB Certificate

(Attachment H) will be awarded five (5) points.

The bonus points will not be added to the total score but only used to break the tie scores between bidders. In the case that the tie score continues after applying the bonus points, the "best value" criteria will be used to break the tie scores.

13 Governing and Protests

GOVERNING PROVISIONS AND LIMITATIONS

The following provisions and limitations apply to this Request for Proposal.

• The intent of the RFP is to identify various prospective contract alternatives and obtain cost analysis for services solicited. WSB is under no obligation to execute a contract(s) on the basis of any information received. Furthermore, this RFP does not commit WSB to pay for any costs incurred in the preparation of a response.

• WSB reserves the right to accept or reject any or all information received, to modify this RFP, to cancel this RFP in part or in its entirety, or to reissue this RFP.

• WSB is not responsible for any costs incurred in services provided by Respondents, prior to the commencement date of any contract.

• All information and any attachments, appendices, or other information submitted as part of a response, become the property of WSB upon submission, and may be reprinted, published, or distributed in any manner WSB deems appropriate, in accordance with open record laws, and applicable state and federal policies and procedures.

• WSB reserves the right to contact any individual, agencies or employers listed in a response to the RFP, to contact others who have experience and/or knowledge of the Respondent's relevant performance and/or qualifications and to request additional information from any and all

Respondents.

• WSB reserves the right to negotiate the terms of any and all purchase agreements with

Respondents selected and such agreements negotiated as a result of this RFP may be re-negotiated and/or amended in order to successfully meet the needs of the local workforce development area.

• WSB reserves the right to conduct a review of records, systems, procedures, etc., of any entity selected for funding. This may occur prior to, or subsequent to, any award. Misrepresentation in an application of a Respondent's ability to perform may result in termination of any award.

• WSB reserves the right to withdraw or reduce the amount of an award, or to cancel any contract resulting from this procurement if adequate funding is not received from TWC.

• Solicitation and selection of providers must conform to relevant state and federal laws and regulations and local policies governing procurement of supplies, equipment and any type of services. Successful Respondents will be responsible for familiarizing themselves with applicable laws and regulations.

• Respondents will not, under penalty of law, offer or provide any gratuities, favors or anything of monetary value to any officer, member, employee or agent of WSB for the purpose of having the effect of influencing favorable disposition toward their own application or any other application submitted hereunder.

• Respondents will not attempt in any manner to advocate for, lobby or otherwise attempt to influence any officer, Workforce Board of Directors, employee, application evaluator, or agent of WSB or elected official for purposes of having an influencing effect on this procurement.

• No officer, Workforce Board of Directors, employee, application evaluator, or agent of WSB shall participate in the selection, award or administration of a contract supported by workforce development funds if a conflict of interest, or potential conflict, is involved.

• Respondents will not engage in any activity that will restrict or eliminate competition. Violation of this provision may cause a Respondent's application to be disqualified and rejected. This does not preclude joint ventures or subcontracts.

• All applications submitted must be an original work product of the Respondent. The copying, paraphrasing or other use of substantial portions of the work product of another party and submitted hereunder as original work of the Respondent is not permitted. Failure to adhere to this instruction may cause the application to be disqualified and rejected.

• The contents of a successful application may become a contractual obligation if selected for the award of a contract. Failure of a Respondent to accept this obligation may result in cancellation of an award. No plea of error or mistake shall be available to successful Respondents as a basis for release from proposed services at the stated price/cost. Any damages accruing to WSB as a result of a successful Respondent's failure to contract with WSB may be recovered from the

Respondent.

• Respondent is expected to honor their quoted pricing for 90 days after the RFP closes.

• A contract with a selected Respondent may be withheld, at the sole discretion of WSB, if issues of contract or questions of non-compliance, questioned/disallowed costs, audit/monitoring findings or legal issues exist, until such issues are satisfactorily resolved. WSB may withdraw the award of a contract if the resolution is not satisfactory to WSB.

• The solicitation and selection of applications must conform to all relevant federal, state and local laws, regulations, rules, and policies governing the procurement of supplies, equipment and services. Respondents are responsible for familiarizing themselves with such matters.

• The contractor will be responsible for meeting all performance measures as laid out by DOL and

TWC (Measures and Targets are subject to change). In the event that the State and/or Workforce

Solutions Borderplex sets additional goals to indicate the success of the system, the contractor will also be required to meet those goals and/or measures as well.

• Under Texas Government Code Section 552.003, WSB is subject to the Texas Public

Information Act and the information provided in response to this RFP will be made accessible to the public. If a Respondent believes that any information contained in its application qualifies for an exception to the Public Information Act, it must clearly indicate which information is deemed confidential and clearly state the grounds for the exception.

PROPOSER INQUIRY AND APPEAL PROCESS

Policy Statement

Workforce Solutions Borderplex is the responsible authority for handling complaints or protests regarding the procurement and proposal selection process. No protest will be submitted to the grantor

(State) until all administrative remedies at the Grantee (WSB) level have been exhausted. This includes, but is not limited to disputes, claims, protests of selection or non-selection for award, or other matters of a contractual or procurement nature. Matters concerning violations of law will be referred to such authority as may have proper jurisdiction. All proposers will be notified in writing of the final results of the procurement process.

Requests for Debriefing

Respondents not filing an appeal or protest who desire a debriefing must submit a written request within ten (10) business days of the receipt of WSB's notification of the procurement decision. In the debriefing, the respondent will obtain information on the procurement process and how their proposal or offer was received and ranked. WSB shall acknowledge receipt of the request for debriefing in writing within three (3) business days of receipt, along with the date and time of the scheduled debriefing. The debriefing shall be scheduled, as soon as possible, and no later than fifteen (15) business days from the written receipt of request for debriefing.

Debriefing

The purpose of the debriefing is to promote the exchange of information, explain WSB's proposal evaluation system, and help unsuccessful respondents understand why they were not selected.

Debriefings serve as an important educational function for new respondents, which hopefully, will help them to improve the quality of any future proposals. WSB staff and/or independent evaluators will meet with the appealing party and review: (a) the proposal evaluation process and (b) how the appealing party's proposal for bid was scored or ranked.

Bidders and respondents can gain a better understanding of the procurement process and how to improve their bids or proposals, while WSB staff gets direct feedback to help improve future procurements. The debriefing process, however, is not an open-ended invitation for a bidder to obtain information and documentation on an evaluation. Although WSB will endeavor to provide as much information or documentation as possible in a debriefing, WSB must observe relevant legal restrictions on the timing and extent certain bid-related information and documentation can be disclosed. By way of example, WSB may not release confidential or proprietary information belonging to other bidders during any stage of the debriefing or appeals process.

Policy/Procedure for Submitting Appeals

This policy shall apply to appeals by proposers that have applied for a contract award from WSB pursuant to any federal, state, or local funded program or activity.

Issues Subject to Appeal

Vendors/proposers/bidders affected by procurement actions or decisions of WSB may appeal pursuant to this policy and procedures as to the following issues:

1. The action or decision of WSB is alleged by the Bidder to be in violation of applicable federal and/or state law, regulation or policy regarding procurement and selection; or

2. The action or decision of WSB is alleged by the Bidder to be based upon an error of material and relevant fact(s); or

3. The action or decision of WSB is alleged by the Bidder to be invalid because of an alleged denial of procedural due process (i.e., failure to review a complaint or protest).

Issues NOT Subject to Appeal

1. Unless substantiated by material and relevant fact(s), the scoring and ranking of proposals is not subject to appeal.

2. An appeal cannot be submitted based solely on the belief that the appealing party believes their proposal is better than the one selected for contract award.

Proposers who wish to protest a decision must utilize the following process:

Written Notice of Appeal

Proposers not selected through this procurement process may appeal the decision of WSB. If the appealing party wishes to continue with the appeal process, they must submit to WSB a written Notice of

Appeal within ten (10) working days of the receipt of WSB's notification of the procurement decision.

This written notice must clearly state that it is an appeal and identify the following:

• The solicitation being appealed (i.e. RFP number and date).

• The name, address, phone, and email address of the appealing party.

• The specific grounds of the appeal.

• Any relevant documents in the Respondent's possession or control and which are material to the consideration of the appeal

A proposer who submits a Notice of Appeal that does not meet the criteria outlined in this policy will not be granted an appeal meeting but will be offered a debriefing as described in the Debriefing section above.

The Notice of Appeal must be sent in writing via email, clearly identified in the subject line as "Dated

Material: RFP Appeal" and addressed to:

Workforce Solutions Borderplex, Inc.

Nicholas Muñiz, Operations Manager & Equal Opportunity Officer

304 Texas Ave., Suite 1400

El Paso, Texas 79901 nicholas.muniz@borderplexjobs.com

Written acknowledgement of receipt of the Notice of Appeal will be provided to the appealing party within five (5) business days of receipt of the notice. Such document will also include specific instructions for completing the appeal process and the date, time and place of the Informal Hearing.

Informal Hearing

An Informal Hearing will be held within fifteen (15) business days of receipt of the Notice of Appeal by

WSB. The Equal Opportunity Officer, or a designee, shall act as the Hearing Officer for the Informal

Hearing, and will meet with the appealing party to discuss the specific concerns and grounds for the appeal that were identified in the Notice of Appeal.

WSB and the appealing party shall seek in good faith to resolve any or all of the issues identified in the appeal. Failure of the appealing party to attend or participate in good faith in the Informal Hearing shall be deemed as a waiver of the appealing party's right to a Formal Hearing and the action or decision of

WSB shall be deemed final in all respects.

The Hearing Officer may recommend to WSB's Chief Executive Officer any appropriate actions allowable per rules and regulations and consistent with WSB Procurement Policies to resolve issues at the Informal Hearing. After full review, the Hearing Officer will render his/her decision not later than fifteen (15) working days from the date of the Informal Hearing. The Hearing Officer's decision shall be provided to both parties in writing. If the appealing party agrees, the appeal may be ended at this point.

Request for Formal Hearing

The appealing party, if not satisfied with the results of the Informal Hearing, must inform the Hearing

Officer, in writing, no later than ten (10) business days from the date of receipt of the decision, of the mailto:nicholas.muniz@borderplexjobs.com intent to proceed with the appeal. A request for a Formal Hearing must be made in writing and delivered to WSB pursuant to the instructions for submitting written notices of appeal above. Within ten (10) business days of receipt of this written request, the respondent will be sent written notice.

Formal Hearing and Final Decision

The Formal Hearing shall be conducted within fifteen (15) business days of the date of the request for

Formal Hearing. An Independent Hearing Examiner (IHE) will conduct the Formal Hearing of the appeal. The IHE will deal only with those issues identified in the original notice of appeal. The IHE will consider the facts presented as the grounds for the appeal and remedies requested. The Independent

Hearing Officer may request additional information from WSB staff or the appealing party. After full review, the IHE will render his/her decision no later than fifteen (15) working days from the date of the

Formal Hearing. The Hearing Officer's decision shall be provided to both parties in writing. WSB is

NOT obligated to accept the IHE's decision and/or recommendations. WSB's decision shall be considered final and the end of the appeals process at the local level.

Miscellaneous

The Informal Hearing and Formal Hearing process set forth in this policy serves as any administrative grievance process required by applicable law. In all instances, information regarding the protest/dispute that reaches the formal appeal stage will be disclosed to the Texas Workforce Commission.

14 Total Occupancy Cost (Maximum 50 Points) Point Value: 50

This criterion examines the itemization of all costs to include:

1. Base rent

Priority: 3. Response Type: Text.

2. Cost per square foot

Priority: 1. Response Type: Text.

3. Security deposits

Priority: 4. Response Type: Text.

4. Operating expense charges

Priority: 2. Response Type: Text.

5. Build-out allowances or build to suit options offered

6. Type of rent option with a listing of covered costs

7. CAM definitions if applicable to the rent option

8. Utilities not include in the lease payment

9. Discounts offered for nonprofit entity

10. Additional services offered such as janitorial, day porter, or other

15 Space Requirements (Maximum 30 Points) Point Value: 30

This criterion is a measure of the responder's proven ability to provide the requested real estate space necessary.

1. Location - Proximity to and ease of access from, major highways and thoroughfares, proximity to public bus service contract.

Priority: 4. Response Type: Text.

2. Square Footage

Priority: 3. Response Type: Text.

3. Parking

4. Accessibility Standards Compliance

5. Breakroom Space, Storage, Ample Parking

16 Bidder Information (Maximum 5 Points) Point Value: 5

Please provide the requested information about your company.

1. Name of Respondent Agency

Priority: 3. Response Type: Text. This question was optional.

2. Physical Address

3. Mailing Address (if different from physical address)

4. Contact Person Name and Title

5. Telephone Number

6. Fax Number (if applicable)

7. E-mail Address

8. Tax/Legal Status

Priority: 3. Response Type: Choose from a List. This question was optional. Tax/Legal Status [State

Government Agency, Community College, Private for-Profit, Local Government, Local School District, Union, Non-Profit, Other]. Comment? Yes

9. Federal Employer Identification Number

10. Texas State Comptroller ID Number

11. DUNS Number (if applicable)

12. Texas HUB Certification Number (if applicable)

Priority: 0. Response Type: Text. This question was optional.

13. Name and Title of Individual Authorized for Contract Signature

17 Additional Required Documents (Maximum 15 Points) Point Value: 15

Provide the requested documents.

Please download and sign the Assurances and Certifications

Assurances and Certifications.docx

1. All vendors must attach a copy of their current Franchise Tax Account Status from the Texas

Comptroller of Public Accounts. Out of state respondents should submit Certificate of Good

Standing from their state of operation. The Web Site address to obtain this certificate is:

https://mycpa.cpa.state.tx.us/coa/search.do.

If the Franchise Tax Account Status is not applicable, the respondent must indicate as such and provide a reason for non-applicability i.e., non-profit organization, sole proprietorship etc.

Priority: 3. Response Type: File Attachment. This question was optional.Comment? yes

2. All vendors must provide proof of General Liability Insurance in the form of a certificate of liability insurance.

Priority: 3. Response Type: File Attachment. Comment? Yes

3. Submit the signed Assurances and Certifications here.

Priority: 3. Response Type: File Attachment. Comment? Yes https://api.rfp360.com/rfpsection/nFh_0ZGzhkRnVzHZkZBVb2aw-DyKki1T/text/attachment/JP4kucTrGtaBsTUtUNvI8w

18 CCS Payment Management Services Provider: Historically Underutilized

Businesses (HUB) (5 Points, Tie Breaker) Point Value: 5

In the event that two (2) or more responsive proposals end-up with a tie score the following criteria will be used as a tie-breaker:

A respondent that is State HUB certified and has provided the organization's State HUB Certification

Number on the Cover Sheet and attached a copy of the State HUB Certificate will be awarded five (5) points. The bonus points will not be added to the total score but only used to break the tie scores between bidders. In the case that the tie score continues after applying the bonus points, the "best value" criteria will be used to break the tie scores.

1. Submit HUB Certificate here.

Priority: 0. Response Type: File Attachment. This question was optional.Comment? yes