ESBD_File_345477_TRS000463_Soliciation_REVISED 1.9.24.docx

Solicitation Name – Trustee Election Services Solicitation No. TRS000463

Solicitation Name – Trustee Election Services Solicitation No. TRS000463 Teacher Retirement System of Texas

Request for Proposals (RFP) Solicitation Name – Trustee Election Services Solicitation No. TRS000463 NIGP Class/Item Codes: 920-22, 915-57

Anticipated Schedule of Events

December 14, 2023

Issuance of RFP

Late Proposals will not be considered

TBD Presentations or Interviews by top-ranked Respondents, if requested. TRS may elect to conduct presentations as part of the evaluation process.

Summary

3. Issuing Agency

Teacher Retirement System of Texas (TRS) Procurement & Contracts 1000 Red River Street Austin, TX 78701-2698 ATTN: Jacob Bledsoe

· Submission of Proposal through PAVES.

January 15, 2024, 5:00 p.m., Central time. Each Respondent is solely responsible for verifying TRS’ receipt of its Proposal by the deadline specified in this solicitation.

Please note: If the awarded contract includes renewal options, the proposed annual pricing will be applied to each renewal option. TRS does not allow for escalation of pricing for subsequent renewals under this solicitation.

Jacob.Bledsoe@trs.texas.gov

All questions and inquiries about this solicitation must be sent to the Procurement and Contracts Representative only.

Failure of a Respondent or any of its representatives to observe this restriction may result in disqualification of any related Proposal.

This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this Solicitation.

(512) 542-6867 blender.hill@trs.texas.gov

1. Agency or TRS: Teacher Retirement System of Texas

2. Agency Primary Contact: The person designated by TRS to be the point of contact between TRS and Contractor for the purposes of monitoring Contract performance and providing day-to-day interaction and instruction during the term of the Contract. Also referred to as “TRS Contract Manager.”

3. Contract: The definitive written agreement resulting from this Solicitation executed by an authorized representative of TRS and Contractor that formalizes the terms, provisions, covenants, and obligations of the parties, including but not limited to those contained in this Solicitation.

4. Contractor or Vendor: The Respondent awarded a contract resulting from this Solicitation. The term “Contractor” or “Vendor” includes employees, representatives, agents, subcontractors, suppliers, and third-party service providers of Contractor, regardless of how such persons or entities are employed or contracted by Contractor.

5. Contractor or Vendor Primary Contact: The person designated by the Contractor/Vendor to be the point of contact between the Contractor/Vendor and Agency for purposes of scheduling, filling, contract management, and day-today management of Services under the Solicitation.

6. Days: Calendar days unless otherwise specified.

7. Electronic State Business Daily (ESBD): The public-facing website in which applicable government entities post certain competitive procurement solicitations.

www.txsmartbuy.com/sp.

8. Employee; Contract Employee: Any individuals who, on behalf of the Contractor, will or may participate in providing Services under a Contract resulting from this Solicitation.

9. Financial Interest: Receiving, or having a right to receive, money or other valuable property or benefits under or in connection with the actual or proposed contract; holding a position in a business such as a principal, officer, director, trustee, partner, employee, or the like, or holding a position of management; holding any of the outstanding debt of a person directly involved in the proposed or resulting Contract; or owning stock or other interest in the business.

10. Fiscal Year (FY): The State of Texas and TRS fiscal year that begins September 1 and end August 31.

11. Key Personnel: Individuals who contribute to the development or execution of a project in a substantive, measurable way, and whose absence from the project would be expected to impact the performance of the Contract.

12. Offer, Proposal, or Response: The documents, including any exhibits or attachments, submitted by a Respondent in response to this Solicitation. “Offer” has the same meaning as “Proposal” or “Response,” when such terms are applicable in the solicitation document so titled as Request for Proposals (RFP), Request for Offers (RFO), or an Invitation for Bids (IFB), respectively.

13. Project Manager: The individual who, on behalf of Contractor, will have primary responsibility for the planning, procurement and execution of the project, in any undertaking that has a defined scope, defined start and a defined finish, regardless of industry.

14. Relative: A current or former TRS employee’s spouse, father, mother, brother, sister, son or stepson, daughter or stepdaughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, or daughter-in-law.

15. Respondent: The individual or entity submitting a proposal, offer, or bid in response to this Solicitation.

16. Responsive Proposal: A Proposal that meets all minimum qualifications, HUB requirements, and submission requirements.

17. Services: All of the requirements, duties, schedules, locations, and other items specified in this Solicitation. The term includes any services associated with Contractor’s performance under a Contract resulting from this Solicitation. Also referred to as “Work.”

17. TX-RAMP Respondent certifies that (i) it has filled out and submitted a complete TX-RAMP Assessment Request form (https://survey.alchemer.com/s3/6510630/TX-RAMP-Vendor-Contact) with the Texas Department of Information Resources (DIR) for TX-RAMP Certification Level II for each independent cloud services product covered under this RFP, and (ii) Respondent’s Third-Party Assessment Form related to this RFP has been submitted to TRS. If a Respondent does not have an active TX-RAMP Certification with DIR, Respondent shall provide TRS a written proof of a pending certification case with DIR. To the extent Respondent’s TX-RAMP certification application is rejected by DIR or Respondent has not obtained certification prior to a contract award, Respondent shall immediately inform TRS in writing. In which case TRS reserves the right to end negotiations with the Respondent and move on to the next most highly qualified respondent.

Introduction

Teacher Retirement System of Texas (TRS), a public pension fund and entity of the State of Texas, issues this Request for Proposals (RFP) #TRS000463 to solicit proposals from qualified vendors for the administration of its Board of Trustee Election services as described in this Solicitation (“Services”). TRS’s objective is to obtain the Services that represent the best value for TRS and the State of Texas according to the terms and conditions of this Solicitation. The Services and requirements described in this Solicitation are mandatory unless specifically described as optional.

TRS is a service-oriented public pension system providing retirement, healthcare, and related benefit programs for Texas public education employees, retirees, and their beneficiaries (“Participants”). TRS’ mission is to improve the retirement security of plan participants and their beneficiaries by prudently investing and managing trust assets and delivering benefits that make a positive difference in members’ lives.

Background Information

The following information regarding recent TRS Board elections is being provided for informational purposes.

Recent TRS Board Election Information Unofficial Election Returns

Board Member Position Election Result Date Qualified Candidates

Additional information about TRS can be found on the TRS website at: https://www.trs.texas.gov/Pages/Homepage.aspx 2025 Election Schedule Preferably in late February 2025, but no later than March 15, 2025, as instructed by TRS the awarded vendor will mail ballots containing candidates’ information to all TRS participants qualified to vote in the election. To be valid, a ballot must be received by TRS or its designated agent no later than May 5, 2025. The names of the three candidates receiving the greatest number of votes determined to be valid in each election will be submitted to the governor. The governor will then appoint one of these nominated candidates to the vacant positions on the board. A detailed sample timeline for the 2025 board elections based on the 2023 elections may be found in Section III, C. The 2023 TRS Board Election Policy is attached as Appendix A.

The elections generally occur in the spring of every other year with the balloting for the next election scheduled to begin in February 2025.

Elections will be held in the spring of 2025 to fill one upcoming vacancy on the TRS Board.

Nominating petitions must be signed by 250 TRS active members. Retiree members are not eligible to sign the active members election nominating petition forms.

Subsequent TRS board elections planned over the next five years, with similar timelines and processes to the 2025 election, are as follows:

2025 – Election to fill one of two active public education positions on the board 2027 - Election to fill one of two active public education positions on the board 2029 - Election to fill two positions on the board: the Retiree position and the At-Large position One or more elections may be conducted at one time. In the event of a special election (those elections necessitated by an unanticipated board vacancy) TRS will require the Contractor to provide these same services. It is anticipated that elections will be conducted via return mail, scannable ballots and internet voting with a possibility of telephonic voting in future elections. Services to be provided include, but are not necessarily limited to: ballot, outgoing envelope, and return envelope design; printing of scannable ballots, outgoing envelopes and return envelopes (at TRS’ option); establish secure web portal for internet voting; receipt of ballots; sort ballots (in multiple elections); count, batch, and maintain daily record of ballots received; store and index all ballots; reconcile final ballot totals; provide reports; and certify election results.

For the board election nominating petition forms, services to be provided include:

· receiving completed petitions containing member/retiree names and required information;

· establish secure web portal for gathering electronic signatures; and

· verifying that a minimum of 250 eligible members/retirees have nominated a candidate for both electric and hard copy petitions.

TRS will provide the Contractor with information contained in the member database to allow the Contractor to confirm member data entered via the online form with data contained in the member database and verify eligibility requirements.

TRS currently verifies whether all requirements have been met to place a name on an election ballot by reviewing the information submitted to TRS on the board election nominating petition form and cross-checking the information on the form with our member database to confirm that at least 250 eligible members/retirees have signed the petition form and provided required information.

Sample Timeline based on 2023 TRS Trustee Elections

Scope of Work Overview of Election Process

a. TRS solicits nominations and prepares biographical information.

b. TRS begins work with Contractor to design ballots, out-going envelopes, return mail envelopes, and internet voting portal if electronic voting is included for the election.

c. TRS provides draft member data to the Contractor to identify each eligible voting member for election. TRS will provide periodic updates of this data to capture any changes.

d. Contractor creates unique ID for use on election ballots.

e. TRS requests pricing from Contractor for U.S. postage.

f. TTRS approves all design of printed materials for Contractor to print and mail.

g. Election materials inserted into out-going envelope and mailed to the member.

h. Contractor receives and sorts all return mail bids.

i. Contractor maintains internet voting portal.

j. Contractor shall verify eligibility of all votes and ensures each eligible voter votes no more than once.

k. Contractor provides weekly reports of information such as number of mail and internet ballots received, issues encountered, ineligible and/or duplicated ballots and other such information as may be mutually determined.

l. Contractor tabulates each election.

m. Contractor meets with TRS to provide election results and certify those results as accurate and true.

n. At TRS discretion, Contractor shall make a presentation of the election results to the TRS Board of Trustees.

TRS Procedures for Handling Ballots for Nominees to the TRS Board of Trustees TRS’ procedures for conducting the 2023 Board election have been provided as Appendix A, TRS 2022 Board Election Policy, and is hereby incorporated into this RFP. This policy may be altered for future elections. The Contractor will be provided with any such change(s) in policy.

The Contractor shall adhere to all applicable requirements of Appendix A. All requirements stated in Appendix A are equally significant as stated in this SOW. However, to ensure a clear understanding by the Contractor, the following sections are restated here:

o. A ballot containing a unique ballot control number and ID number that cannot be duplicated for use on another ballot will be mailed to the last known address of each member or retiree identified from TRS records as being eligible to vote in the election.

p. Ballots will normally be mailed in envelopes to eligible voters after January 15th and before March 15th of the election year. A ballot will be re-mailed to an eligible voter if the original envelope or other official notice is returned with an address correction provided by the postal service at least seven working days before April 30.

q. A ballot shall be mailed to the home address of any eligible voter who advises the Contractor at least two working days before April 30 that the voter misplaced or did not receive a ballot. An eligible voter may request a replacement ballot by calling the election Contractor’s toll-free number during normal working hours.

r. Ballots postmarked on or before May 5 are eligible to be counted, if received before the fourth working day immediately following May 5.

s. Ballots postmarked or hand-delivered after April 30, as well as all mailed ballots received more than three working days after April 30 regardless of postmark date, are not eligible to be included in the ballot count. However, such ballots shall be date-stamped, counted, batch- labeled as ineligible and retained for transfer to TRS at the conclusion of the election. All ballots and envelopes received between May 1 and May 15 shall be returned to TRS by the Contractor after the election along with evidence of the postmark/receipt dates. Ballots received on or after May 15 shall be destroyed.

t. If a duplicated ballot number appears on more than one mail ballot for the same candidate, whether an Internet vote or a mailed-in ballot, only the initial ballot received from that voter will be counted.

Simultaneous Elections for Two or More Positions

u. Unless fiscally prohibitive or otherwise impractical and specifically agreed to by TRS, ballots for different positions will be printed using different colored ink, paper stock, or some other visual identification method.

v. Ballots for each position shall be maintained separately throughout the receipt, processing, validation, review and certification process. In all other respects ballots for each position will be handled in accordance with the then current TRS policy memorandum.

Confidentiality and Protection of the TRS Member Data

w. The Contractor shall stipulate, covenant, and agree that all information in any member data provided by TRS to the Contractor is delivered in trust to the Contractor and that all provided information is the confidential, private, non-public, proprietary information of TRS or the individual members and retirees included therein, as the case may be, as set forth in Tex. Gov’t Code § 825.507(a). The Contractor shall further stipulate, covenant, and agree that no member data information may be retained, stored, copied, downloaded, uploaded, compiled, reverse engineered, cross-matched, processed (other than by the Contractor for the specific purpose of fulfilling this contract), sold, leased, transmitted, distributed, disseminated, or otherwise used by the Contractor or any other person or entity for any purpose except to complete the election on behalf of TRS under the resulting contract. The Contractor agrees to inform its officers, employees, subcontractors, agents, representatives or suppliers of the terms of this contract. The Contractor further agrees that its officers, employees, subcontractors, agents, representatives or suppliers shall not have any access whatsoever to the member data for any purpose other than to perform its responsibilities under the terms of this contract. At all times, the Contractor including its officers, employees, subcontractors, agents, representatives or suppliers shall keep TRS member data, including personalized ballot materials under locked and secured conditions including during shipping or moving materials from point to point.

x. Use of Member Social Security Number: Use of a member’s Social Security Number (SSN) shall be restricted to only internal processes such as purging the eligible voter list of duplicate entries or possibly confirming the identity of a member contacting the Contractor. Neither the SSN nor a portion thereof shall be used on any printed materials outside of the direct control and supervision of the Contractor or TRS. TRS will not allow the use of the SSN or a portion thereof to be printed on ballots and/or ballot materials.

y. Use of Member Mailing Addresses: TRS may allow the Contractor to release the names and addresses of members for the sole purpose of printing of personalized ballots by a subcontractor. No non-essential information shall be shared with any subcontractor. The subcontractor must stipulate, covenant, and agree that all information in any member data provided by the Contractor to the subcontractor is delivered in trust to the subcontractor and that all provided information is the confidential, private, non-public, proprietary information of TRS or the individual members and retirees included therein, as the case may be, as set forth in Tex. Gov’t Code § 825.507(a). The subcontractor may be required to execute with TRS a non-disclosure agreement to this effect prior to the release of any data to the subcontractor. At all times, the subcontractor shall keep TRS member data, including personalized ballot materials under locked and secured conditions including during shipping or moving materials from point to point.

z. Approval from TRS to Release Confidential Member Data: Prior to the release any confidential member data by the Contractor to a subcontractor, supplier, or other third party, Contractor shall obtain from TRS approval in writing to do so. Such approval will specifically stipulate the type of confidential information that may be released, the sole purpose for which this information may be used, and the party that may receive this information. Contractor shall be solely responsible for the destruction and/or return of all confidential member data provided to the subcontractor, supplier, or other third party.

aa. Return of TRS Member Data: The Contractor shall return to TRS and/or destroy all copies TRS member data, in whatever form provided to the Contractor, and provide written certification to TRS, signed by Contractor’s officer, of its compliance with this requirement TRS within ten (10) business days after certification of the election. Within 30 days of receiving TRS’ direction to return or to destroy the TRS member data, the Contractor shall comply with TRS’ direction and provide a written certification, signed by Contractor’s officer, of its compliance.

Delegated Balloting Process

TRS Responsibilities:

1. Announce upcoming election in TRS News newsletter and agency website.

2. Prepare petition forms for nominating Board candidates.

3. Distribute petition forms.

4. Coordinate with the Contractor on the design of a webpage for collecting signatures for the petition via the internet. This webpage shall be maintained on a website provided by the Contractor. This webpage shall only be accessible by TRS’ eligible voting members. TRS will have final approval of design.

5. Maintain Correspondence with candidates to confirm their eligibility.

6. Distribute informational materials to candidates and request background information for publication in the newsletter.

7. Receive biographical information from candidates.

8. Conduct drawing to determine order of candidate names in TRS News and on ballot.

9. Coordinate with Contractor on design of scannable ballot and postage paid return envelopes for ballots. TRS will have final approval of all designs.

10. At TRS’ option, TRS may authorize the Contractor to print the scannable ballots and/or postage-paid return envelops.

11. Coordinate with the Contractor on the design of a webpage for voting via the internet. This webpage shall be maintained on a website provided by the Contractor. This webpage shall only be accessible by TRS’ eligible voting members. TRS will have final approval of design.

12. Provide information for each TRS member eligible to vote in the election. This will include name, home address, the election they are eligible to vote, social security number (or portion thereof) if required, and/or TRS unique identifier. TRS and the Contractor will mutually determine the data to be provided.

13. Distribution of ballots and postage-paid return envelopes.

14. Establish an Election Review Committee to review procedures, ballot counts, and conduct a visual inspection of the ballots with the Contractor.

15. Report Results to the TRS Executive Director.

16. TRS Executive Director Certifies Election Results to the Governor.

Contractor Responsibilities:

At a minimum the Contractor shall be responsible for the following services. TRS reserves the right to approve the process for how each of these services is carried out.

1. Provide a secured location with restricted access for the storing of all TRS data and election materials.

2. Contractor shall ensure that all TRS member information, records, and ballots are kept confidential and that no member-related information will be transferred to another party without the express written instruction from TRS to do so.

3. Contractor shall check eligible voter list provided by TRS to confirm there are no duplicate entries of voters.

4. Design and layout a scannable ballot and create computer programs to scan/report results of the election.

5. Implement test runs to ensure the quality and integrity of the process.

6. It is anticipated, but not guaranteed, that the Contractor shall be responsible for the printing of the scannable ballots, out-going envelopes, business reply envelopes for the return of the completed ballots, and/or other materials necessary for the mailing and return of the ballots. See subsection c “Printing of Ballots, Return Envelopes, and Other Mailing Materials” below.

7. Barcoding shall be incorporated into the design of all printed materials to the greatest extent practical. It is anticipated that, as a minimum, this would be used to identify such things as any duplicate ballot cast, ballots that have been returned, and ballots “not delivered” by the US Postal Service.

8. Intelligent barcoding shall be utilized for all mailing materials as applicable.

9. Electronically provide TRS with all address correction and undeliverable information provided to the Contractor by USPS.

10. Design and implement secure webpage for internet voting. It is desired that this page be maintained on the Contractor’s website. This webpage shall only be accessible by TRS’ eligible voting members.

11. Receive ballots (i.e., return-mail, internet, and any other approved media) and designate date of receipt.

12. Sort (in multiple elections), count, batch, and maintain daily record of ballots received. Separate counts shall be maintained for return-mail, internet, and any other approved media as well as an aggregate count of all approved methods.

13. Store ballots securely by date received (including those received after the deadline for receipt of eligible ballots).

14. Verify daily ballot counts.

15. Confirm that aggregate number of daily ballots received equals total count.

16. Verify the validity of returned ballots in accordance with criteria set by TRS and that the ballots are properly completed. Validation shall be performed after the voting deadline passes.

17. Separate and remove invalid and/or duplicate ballots from the valid ballots.

18. Provide weekly electronic reports to TRS containing information as mutually determined by TRS and the Contractor. It is anticipated that, as a minimum, these reports will include information such as number of mail and internet ballots received, issues encountered, ineligible and/or duplicated ballots.

19. Scan valid ballots and identify for TRS what percent of accuracy would be expected from this process.

20. Count and generate computer report providing eligible ballot count by candidate.

21. Reconcile Final Ballot Counts.

22. Store images of ballots cast for write-in candidates indexed in a manner as to allow cross referencing to the submitting member.

23. Securely store and index all images/scans for review by TRS.

24. Prepare reports as mutually decided by TRS and the Contractor. It is anticipated that, as a minimum, these reports will include: the number of votes cast, and the percentage of total votes cast for each candidate (including write-in candidates); documentation of ineligible/ invalid ballots; and if more than one voting method is utilized, a breakdown of votes cast per method. The reports shall be provided in both electronic and hard copy.

25. Contractor shall ensure that no reports are released without the express written permission of TRS.

26. Report and certify results to TRS Election Review Committee at a meeting to be held at the TRS offices in Austin, TX. The date and time of the meeting, as referenced in the attached election timeline, will be mutually established.

27. If required, report and certify results to the TRS Board of Trustees at a meeting to be held at the TRS offices in Austin, TX. The date and time of the meeting, as referenced in the attached election timeline, will be mutually established.

28. Return all election records and materials to TRS, including the database and all reports, by no later than 14 calendar days after the certification of the election.

Printing of Ballots, Return Envelopes, and Other Mailing Materials:

The Contractor shall be responsible for the printing of the scannable ballots, out-going mail envelopes, business reply envelopes for the return of the completed ballots, and/or other materials necessary for the mailing and return of the ballots. However, it is difficult to evaluate the cost of the printing requirements as those costs will change depending upon the election being balloted, number of candidates, and number of eligible voters.

Therefore, TRS will work with the Contractor to determine the printing requirements and specifications necessary for each election. Based upon those requirements, TRS will request pricing from the Contractor to provide the printed materials. A request for pricing is not a guarantee that the Contractor will perform this work. TRS retains the option to either have the Contractor provide some or all of the required printed materials as part of this Contract or to have the printing provided by a separate vendor in compliance with the mutually agreed upon specifications.

Design of Ballot:

Ballot shall be a scannable ballot to facilitate automated receipt and tabulation. Ballots shall be sized to facilitate in a standard #9, postage-paid return envelope. Layout and design of the ballot will be mutually determined by TRS and the Contractor. It is anticipated that the paper weight for the ballot will be 60 lbs.

TRS will accept and pay for overages up to 5% of the number of ballots to be mailed.

Design of Out-Going Envelopes:

The out-going mail envelope shall be 24 lbs., standard size #10 business envelope with a window to allow viewing of address information as printed on the ballot. The preprinted, out-going envelopes shall be designed to utilize the lowest postage rate possible. TRS will work with the Contractor to mutually design the envelope.

TRS will accept and pay for overages up to 5% of the number of ballots to be mailed.

Design of Business Reply Envelopes:

TRS will pay the cost of return postage for ballots through a business reply account. Therefore, the preprinted, business reply envelopes shall be designed to utilize the lowest return postage rate possible. TRS will work with the Contractor to mutually design the envelope.

The business reply envelope shall be a 24 lbs., standard size #9 envelope. Envelopes shall bear a dedicated address for the specific TRS election and a return address for the Contractor’s location. Envelope shall bear the imprint of the designated business reply postage account (either that of TRS or the Contractor as may be mutually decided) to cover costs of return postage.

TRS will accept and pay for overages up to 5% of the number of ballots to be mailed.

Return Postage:

TRS anticipates using TRS’ business reply account to pay the cost of return postage for ballots. TRS will be responsible for pre-depositing funds in the TRS business reply account to cover postal fees. Upon mutual agreement, TRS may opt to use the Contractor’s business reply account. In such case, TRS and the Contractor will mutually determine an acceptable amount of postage to be deposited in the Contract’s account. Upon mutually agreement, this amount may be increased if to cover additional postage costs. Upon completion of the election, the Contractor shall provide to TRS documentation of the actual cost of return mail postage. TRS will pay for return mail postage up to the actual cost. Any overpayment of return mail postage shall be credited back to TRS against remaining charges.

Optional Voting Methods In the future, TRS may elect to employ additional alternative voting methods. TRS reserves the right to incorporate these methods for any election. It is anticipated that such methods will be incorporated into the current blended method.

1. Telephonic Voting While Texas law does not currently permit the use of telephone voting in the 2017 TRS Board elections, TRS is requesting information regarding telephone voting in the Contractor’s response. However, should changes to Texas law allow such voting methods and should TRS decide to pursue a telephonic voting method(s), TRS will work with the Contractor to finalize all requirements and to negotiate the actual cost based on these specific requirements.

Additional, Alternative Voting Methods TRS may elect to incorporate additional, alternative voting methods as they become available. In such an occurrence, TRS will work with the Contractor to determine the necessary design, security, and performance requirements. Pricing for such alternative methods will be mutually determined by TRS and the Contractor.

Status Meetings At TRS’ option, status meetings will be held at TRS or by telephone to update progress made, seek input from TRS, and to ensure that work is proceeding in the desired direction. Any issues affecting this assignment shall be addressed at these meetings. Initially, it is intended that these meetings will be held weekly. The frequency of these meetings will be altered to fit the then current need. As a minimum, the Status Meetings shall include:

a. Agenda- Contractor shall provide a written agenda to TRS project management at least 24 hours prior to meeting. This will allow TRS project management the opportunity to include any additional topics.

b. Minutes- Contractor shall keep minutes of each meeting and provide a written copy to TRS project management within two business days of the meeting. As a minimum, minutes shall address topics discussed, issues raised, and intended resolution of those issues.

c. Status Reports- Contractor shall provide weekly written status reports to the TRS project management. The written status reports shall address Tasks Completed, Tasks in Progress, Work to be initiated during the Next Period and Issues Requiring Management Attention. Issues Requiring Management Attention shall include, but not be limited to, any problems that may delay performance, proposed corrective action, as well as any failure of Contractor to perform, any delay of Contractor in performing, and any inadequacy in the performance of Contractor of any Contractor obligation.

Acceptance Criteria

a. Planning and Design-Planning and Design shall be deemed accepted when TRS has accepted the design for the nomination website. Such acceptance will not be deemed final until provided in writing by TRS.

b. Planning and Design-Planning and Design shall be deemed accepted when TRS has accepted the design for the election website, ballot(s) and all necessary mailing materials. Such acceptance will not be deemed final until provided in writing by TRS.

c. Printing - If printing is provided as part of any election, it shall be deemed accepted when all required materials have been printed in accordance with the agreed upon design and in the agreed upon quantity and are delivered to the specified location.

d. Counting and Reporting - Counting and Reporting shall be deemed accepted when TRS has certified the election results and all election materials, records, database, and/or reports have been delivered to TRS.

Presentation of Election Results

a. Presentation to TRS Election Committee Unless otherwise authorized by TRS, the Contractor shall meet with the TRS Election Review Committee to review the election process and certify the election results, as provided to TRS, no later than 21 calendar days after the conclusion of the election. The meeting will be held at the TRS offices in Austin, TX. The date and time of the meeting will be mutually established, per the timeline in Appendix A.

b. Presentation to TRS Board of Trustees At TRS’ request, the Contractor may be required to make a presentation to the Board of Trustees regarding the election process and results. It is anticipated that for the upcoming election, this meeting will occur at the board meeting held in July 2025. It is anticipated that future presentations will be provided at the first Board meeting following the election. Board meetings are generally held in the middle of the month.

Invoicing Requirements NOTICE: Vendors are required to use the TRS vendor portal, Procurement and Vendor E-System “PAVES,” to submit invoices. For more information, go to: https://www.trs.texas.gov/Pages/procurement_PAVES.aspx.

Contractor shall invoice TRS for the design of the TRS-accepted nomination site, at the conclusion of the nomination process.

Contractor shall invoice TRS for the TRS-accepted design of election website, paper ballots and envelopes, printing and mailing at the conclusion of election return mail expense and tabulation of ballots.

Contractor Staffing

TRS reserves the right to request that Contractor replace any Contractor employee whom TRS judges to be incompetent, careless, unsuitable, or otherwise objectionable, or whose continued use is deemed contrary to the best interests of the State and TRS. Upon receipt of a formal written request from TRS’ Contract Manager, Contractor shall propose to TRS a replacement with the same or similar expertise as the individual being replaced who shall perform the services required by the Contract, subject to the approval of TRS.

Contractor may not use a subcontractor on this Contract without first receiving written approval from TRS regarding the proposed subcontractor. If Contractor is required to submit a HUB Subcontracting Plan (HSP) and the proposed subcontractor is not listed on the HSP, an amendment of the HSP will be required. Any work to be performed by such proposed subcontractor may not be initiated until the subcontractor has been added to the HSP.

As set forth in TRS’ Background Check Policy, a criminal background check (CBC) of Contractor’s staff is required if, at any time during the life of this Contract, the staff assigned to work on this contract meets any or all of the criteria listed below:

· Obtains a TRS user ID or password

· Has unlimited security badge access for any length of time

· Has limited security badge access for longer than 14 days

Further, a CBC may be required depending on the level of access to TRS resources and facilities that is required to perform the services. The CBC will be performed by TRS and the Contractor is required to reimburse TRS for the cost of the CBC within 30 days of receipt of notification that the background check is complete.

Contractor shall not bill TRS for required trainings as outlined in the Non-TRS Workers (Contract Workers, Unpaid Interns and Volunteers) policy document unless such costs are specifically authorized in the Contract. In that event, such costs shall be itemized in Contractor’s invoice to TRS. Please see the following link for information regarding on-boarding, managing, extending or off-boarding of non-TRS workers - https://trstexas.sharepoint.com/sites/oe/SitePages/Non-TRS-Workers-Information.aspx.

Performance Tracking TRS may consider Contractor performance during the life of the Contract. At the end of each term and before a renewal option is exercised, TRS will provide written feedback to Contractor on Contractor’s performance. TRS reserves the right of non-renewal or early termination of the contract for substandard performance. TRS reserves the right to publish and distribute results of the performance reviews or other quality or compliance reviews in accordance with 34 Texas Administrative Code section 20.509. If substantial deficiencies are identified by TRS regarding Contractor performance or competence in the delivery of services performed under the Contract, TRS may require corrective action to correct the deficiencies. TRS will monitor Contractor’s performance and may use the results of this monitoring to evaluate Contractor’s ability to provide adequate services to TRS in this contract or future contracts. If Contractor fails to meet contract goals and expected results, TRS may reduce the scope of or terminate the Contract at no cost or penalty to TRS.

When assessing performance, TRS retains sole authority to determine whether the Contractor’s performance under the Contract is adequate. The Contractor agrees to the following:

a) Provide all Deliverables in accordance with target due dates;

b) Provide TRS with written notice of any known or potential issues with service performance within 24 hours of Contractor becoming aware of any such issues;

c) Provide TRS with an action plan to resolve any known or potential service performance issues and status updates as required by TRS; and

d) Timely respond to TRS staff questions within one to two business days.

e) Contract will meet weekly with TRS at the beginning of election and then daily close to the end of the election period.

HUB Subcontracting Plan Information

In accordance with Section 2161.252 of the Texas Government Code and 34 Texas Administrative Code Section 20.285, each state agency that considers entering into a contract with an expected value of $100,000 or more over the life of the contract (including any renewals) shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the Contract. If subcontracting opportunities are probable, each state agency’s invitation for bids, requests for proposals, or other purchase solicitation documents with an expected value of $100,000 or more shall state that probability and require a Historically Underutilized Business (HUB) Subcontracting Plan (HSP).

TRS has determined that subcontracting opportunities are not probable with this RFP and does require Respondents to complete the State of Texas HUB Subcontracting Plan (HSP) form located at https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.

An evaluation of potential subcontracting opportunities was conducted for the Contract in accordance with Texas Government Code Section 2161.252, and it was determined that the Contract does not contain any probable subcontracting opportunities. Therefore, TRS is not requiring a HUB Subcontracting Plan (HSP) be submitted with responses to Solicitation. However, if Respondent determines the need to subcontract for any services, materials and/or supplies to fulfill the terms of this contract, the Respondent must immediately inform TRS so that the solicitation may be updated, and the Respondent must submit a complete HUB Subcontracting Plan with its proposal to be considered responsive. The HSP form may be accessed at:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.

If after the contract award the Contractor determines a need to subcontract for any services, materials, and/or supplies, the Contractor must contact TRS for prior approval and request a review of its HUB Subcontracting Plan in accordance with the good faith effort requirements found in 34 Texas Administrative Code Section 20.14. The Contractor may not utilize a subcontractor without prior written approval from TRS.

Insurance Section

COVERAGES REQUIRED.

Contractor shall obtain and maintain throughout the Contract term the insurance coverages listed below:

1. Workers’ Compensation Insurance:

Coverage to secure the payment of compensation to injured employees as defined in the Texas Worker’s Compensation Act.

1. Employer’s Liability Insurance:

Excess Liability and/or Umbrella Liability insurance may be combined in order to meet the following minimum amounts:

· Bodily Injury, $500,000 per accident;

· Disease, $500,000 per employee;

· Aggregate policy limit of $1,000,000.

1. Commercial General Liability Insurance:

Coverage for claims of personal injury and bodily injury, including accidental death, and property damage which may arise from the performance of the contract. The types of coverage required are: Property Damage, Premises and Operations Hazards, Independent Contractor’s, and Contractual Liability. Excess Liability and/or Umbrella Liability insurance may be combined in order to meet the following minimum amounts:

$1,000,000 per occurrence, $2,000,000 in the aggregate

POLICIES.

Contractor shall procure and maintain at Contractor’s own expense, throughout the term of the Contract and any renewals or extensions thereof, sufficient insurance coverage as may now or hereafter be necessary to insure against any claim(s) for damages based on a violation of Law or arising out of services provided or to be provided to TRS and the Project under the Contract. Such coverage and limits shall not reduce Contractor’s total liability under the Contract. To this end, Contractor shall comply with the following provisions:

· All insurance policies required under this paragraph shall be issued by companies authorized to do business under the laws of the state of Texas, licensed, eligible or registered under Texas law with a rating of A- or better in a financial size category of IV or higher according to A.M. Best Company.

· Contractor shall furnish to TRS evidence of all required insurance, validated by the certificate of insurance. Evidence of insurance shall display TRS as the Certificate Holder.

RENEWAL CERTIFICATES.

A TRS specific contract number associated with the Contract will be provided to the Contractor at the time of contracting. Contractor shall ensure that renewal certificates of insurance shall:

· Display the associated contract number in the description of operations section of the certificate

· Display required endorsements in the description of operations section of the certificate

· Be submitted electronically via PAVES

· List only the TRS specific contract number in the subject line of the e-mail

· Be furnished not more than thirty (30) days following the expiration of current policies

· Display TRS as the Certificate Holder

NOTICES OF CHANGE.

The Contractor’s insurance policies must require the insurer…