ESBD_File_358389_RFP-FY24-100-002 Fiscal External Monitoring Services.pdf

RFP-FY24-100-002, Fiscal External

Monitoring Services

1 Cover Page

Point Value: 0

REQUEST FOR PROPOSALS

RFP #FY24-100-002

Fiscal External Monitoring Services

Release/Posting Date

Thursday, May 9, 2024, at 6:00 p.m. (MST)

Proposals Due Date

Monday, June 10, 2024, at 12:00 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 Specifications

SCOPE OF WORK

The Auditor will perform fiscal auditing activities on an as-needed basis. External Monitoring Services

Auditing activities consist of Fiscal Auditing.

Fiscal Auditing:

Fiscal - ensure the reliability of current fiscal data, the degree of compliance with the Board contract, applicable policies, laws, regulations, and the adequacy of internal controls.

A. The auditor must conduct an appropriate risk assessment to establish testing and sampling methods.

B. In the course of the auditor's work, it is expected that the auditor will review, and if appropriate provide comments, on the following documents:

a. Annual Financial Statement;

b. Prior year Audit Report and related Corrective Action Plans;

c. Organization charts;

d. Texas Administrative code and related ordinances or resolutions;

e. Internal procedural manuals or policies, including but not limited to Personnel, Purchasing, and Risk Management.

C. The auditor must complete the following reports, studies, and analyses:

1. Provide a report on the Internal Controls that will identify both the strengths and weaknesses in each area of operational controls and include recommendations to correct any deficiencies identified.

2. Payroll distribution audit: signed verification of employees receiving a paycheck, or in the absence of reasonable verification, verification of timesheet submissions.

3. Statutory and regulatory compliance review of professional services, competitive contracting, and extraordinary unspecifiable service contracts from the previous fiscal year.

4. The organizational structure of the activities reviewed and its adequacy.

D. The auditor must follow up on any finding, outliers, or anomalies that are identified during the engagement and provide a written conclusion based upon the facts and professional judgment.

E. The auditor must provide a report to include the following:

a. cover letter that provides a narrative of the work performed and any assumptions used in performing the work;

b. a table of contents;

c. an engagement summary report;

d. a section describing the findings of statutory and regulatory compliance, which shall include:

1. A brief summary within each category;

2. Specific examples and results;

3. A letter from the contractor responding to the findings

e. a section describing the findings on internal controls, which shall include:

1. Overall summary of internal controls with a listing of each category identifying the level of risk (high, medium, low);

2. A brief summary within each category; and,

3. Specific examples and results;

4. A letter from the contractor responding to the findings.

F. The auditor must conduct all reviews in accordance with the GAO "Yellow Book," (AICPA)

Statements on Standards for Accounting and Review Services and the Financial Manual of Grants and

Contracts (FMGC) and/or any other industry standards that may apply.

The reports shall be submitted to the WSB's Compliance and Monitoring unit no later than thirty (30) calendar days following the last day of the auditing visit. In some cases, the Compliance and

Monitoring unit may ask the auditor(s) to make immediate verbal reports of the findings to WSB.

The monitor(s) will submit supporting documentation, including notes, completed monitoring guides, copies of relevant participant or service provider documents, and other appropriate information to support the auditing report and any findings contained in the report. An original of each auditing report must be submitted. The monitor(s) will conduct entrance and exit interviews with the Workforce

Solutions office manager when a review is conducted at a workforce center. The monitor(s) will be directed by and report all results to the Board's Compliance and Monitoring unit.

SCOPE OF WORK - DELIVERABLES

The auditor must complete the following reports, studies, and analyses:

1. Provide a report on the Internal Controls that will identify both the strengths and weaknesses in each area of operational controls and include recommendations to correct any deficiencies identified.

2. Payroll distribution audit: signed verification of employees receiving a paycheck, or in the absence of reasonable verification, verification of timesheet submissions.

3. Statutory and regulatory compliance review of professional services, competitive contracting, and extraordinary unspecifiable service contracts from the previous fiscal year.

4. The organizational structure of the activities reviewed and its adequacy.

The auditor must follow up on any finding, outliers, or anomalies that are identified during the engagement and provide a written conclusion based upon the facts and professional judgment.

The auditor must provide a report to include the following:

a. cover letter that provides a narrative of the work performed and any assumptions used in performing the work;

b. a table of contents;

c. an engagement summary report;

d. a section describing the findings of statutory and regulatory compliance, which shall include:

1. A brief summary within each category;

2. Specific examples and results;

3. A letter from the contractor responding to the findings

e. a section describing the findings on internal controls, which shall include:

1. Overall summary of internal controls with a listing of each category identifying the level of risk (high, medium, low);

2. A brief summary within each category; and,

3. Specific examples and results;

4. A letter from the contractor responding to the findings.

Additional Contractor Responsibilities

The Contractor will provide to WSB a detailed estimate with the number of hours each Contractor staff will spend per assigned engagements and the cost per hour per staff. The estimate should have a total amount of hours and a total dollar amount. WSB's Responsibilities WSB's responsibilities will include but are not limited to, the following: WSB will provide the Auditor with a monitoring request in order for the contractor to provide an estimate for the upcoming engagement.

3 RFP Packets

AVAILABILITY

Request for Proposal packets will be available beginning on and after 6:00 p.m. (MST) on Thursday, May 9, 2024, at https://my.rfp360.com/public/rfp/84b8b495-5303-4233-8344-405c847f5d53

DUE DATE AND DELIVERY METHOD

Electronic proposals are due no later than:

12:00 p.m. (MST) on Monday, June 10, 2024.

Responses will "Not" be accepted under this RFP after this 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.

4 Important Information

BIDDERS CONFERENCE

A virtual conference for prospective bidders to learn more about this RFP and to ask questions will be conducted on Thursday, May 23, 2024, at 1:30 p.m. (MST).

Bidders Conference

Thursday, May 23, 2024, at 1:30 p.m. (MST)

Microsoft Teams Need help?

Join the meeting now

Meeting ID: 218 699 800 299

Passcode: 6Kks4i

Attendance at 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

Prospective bidder(s) may submit written questions no later than 12:00 p.m. (MST), Wednesday, May 29, 2024. Submit questions via the RFP 360 portal or to 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, May 31, 2024 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 Monday, June 3, 2024. This notice is not required to bid and does not obligate the prospective bidder to submit a proposal.

E-mail updates will be sent directly to all who submit the Letter of Intent.

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.

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 https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19:meeting_NjUxZjVkNTgtYmM4OS00NTExLWFiOTktNzdkMDRlNGI0MmNj@thread.v2/0?context=%7b 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 (1) one-year term with the option to negotiate up to (3) three, one-year contract renewals contingent upon satisfactory performance, need and availability of funds. A contractor performance evaluation will be required at the end of each year for each contract. The contract budget will be negotiated annually. No carryover/carry forward of funds will be included in the next year's contract.

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 May 9, 2024, at 6:00 pm

Bidders' Conference May 23, 2024, at 1:30 pm

Questions Submittal Deadline May 29, 2024, at 12:00 pm

Question and Answers Response May 31, 2024, at 5:00 pm

Letter of Intent June 3, 2024, at 12:00 pm

Proposal Due Date June 10, 2024, at 12:00 pm

General Board Presentation July 18, 2024, at 12:00 pm

Contract Start Date August 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 Request for Proposal (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.

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

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:

• 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 are encouraged to respond to this RFP.

For purposes of this RFP, interested contractors are referred to as "Proposers," "Respondents,"

"Applicants," or "Contractor."

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 may disqualify an applicant.

GENERAL CONDITIONS

Offerors should 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 bid either in person or by written request at any time prior to the proposal due date and time.

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 bid 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 evaluators;

• Bidder interviews (if deemed necessary)

• Presentation of evaluations, scoring and recommendations of proposal review team to user department manager and/or WSB 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 TEAM

A proposal review team 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 shall be based on the following criteria:

Evaluation Criteria Maximum Points

Budget/Cost 20

Demonstrated Ability and Effectiveness 30

Qualifications, Knowledge, & Expertise 30

Reference/Experience 20

Historical Underutilized Businesses (HUB) 5 Points, Tie Breaker ONLY

Budget/Reasonableness of Cost and Value (Maximum 20 Points)

This criterion will determine if costs submitted are reasonable and necessary to perform the proposed services (i.e., respondent's proposed costs will be compared to the costs offered by other respondents and/or to what is reasonable for the local market).

Demonstrated Ability and Effectiveness (Maximum 30 Points)

This criterion is a measure of the respondent's proven ability to perform the services requested. Points will be awarded based on: (1) the firm's proven track record in providing same or similar services as those requested in this RFP, (2) the respondent's operating approach and method for delivering such services, (3) the technical resources available and designated for this contract, and (4) the firm's financial capability and stability.

Qualifications, Knowledge, and Expertise (Maximum 30 Points)

This criterion examines the qualifications, knowledge and skills of the respondent which have been derived from actual work experience including a minimum of years of relevant prior experience providing similar services. The respondents should provide an organizational chart and resumes of staff assigned to work with WSB for this contract.

Reference and Past Experience (Maximum 20 Points)

The references/past experiences will be evaluated in terms of the amount of experience in providing similar services including work with multi-media campaigns. A minimum of three (3) references of current past clients (with campaign samples) for outreach services must be provided. The clients must be three distinct customers.

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 shall 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 shall 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 shall 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 shall 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 shall 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 & EO 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 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 mailto:nicholas.muniz@borderplexjobs.com 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 Bidder Information

Please provide the requested information about your company.

1. Name of Respondent Agency

Priority: 3. Response Type: Text.

2. Physical Address

Priority: 3. Response Type: Text.

3. Mailing Address (if different from physical address)

Priority: 3. Response Type: Text.

4. Contact Person Name and Title

Priority: 3. Response Type: Text.

5. Telephone Number

Priority: 3. Response Type: Text.

6. Fax Number (if applicable)

Priority: 3. Response Type: Text.

7. E-mail Address

Priority: 3. Response Type: Text.

8. Tax/Legal Status

Priority: 3. Response Type: Choose from a List. 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

Priority: 3. Response Type: Text.

10. Texas State Comptroller ID Number

Priority: 3. Response Type: Text.

11. DUNS Number (if applicable)

Priority: 3. Response Type: Text.

12. Texas HUB Certification Number (if applicable)

Priority: 0. Response Type: Text.

13. Name and Title of Individual Authorized for Contract Signature

Priority: 3. Response Type: Text.

15 Additional Required Documents

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. 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

16 Fiscal External Monitoring Services: Budget/Reasonableness of Cost and Value

(Maximum 20 Points)

Point Value: 20

This criterion will determine if costs submitted are reasonable and necessary to perform the proposed services (i.e., respondent's proposed costs will be compared to the costs offered by other respondents and/or to what is reasonable for the local market).

The contract resulting from this RFP will be for as-needed services. WSB will reach out to the selected contractor for a quote for an upcoming engagement. The contractor will be expected to use the rates provided below for those quotes.

1. Provide hourly rates for the staff anticipated to perform work under the contract resulting from this RFP, as set forth in Part 2- Specifications (Scope of Work).

2Assurances%20and%20Certifications.docx

Name of Individual or Title of Position Hourly Rate

2. Provide pricing for additional costs associated with the performance of the services requested in the RFP.

Item Description Rate Per Item

17 Fiscal External Monitoring Services: Demonstrated Ability/Effectiveness

(Maximum 30 Points)

Point Value: 30

This criterion is a measure of the responder's proven ability to perform the services requested. Points will be awarded based on: the responder's operating approach and method for delivering such services, the technical resources available and designated for this contract, and the firm's financial capability and stability.

1. Describe how your company will operate this contract.

Priority: 4. Response Type: Text.

2. Describe how your company will deliver the requested services.

Priority: 3. Response Type: Text.

3. Describe the technical resources your company has available and will designate to this contract.

Priority: 2. Response Type: Text.

4. All vendors must provide evidence of financial stability prepared by a certified public accountant.

Provide your company's financials in the form of a balance sheet, income statement, cash flow statement or audit for the most recent year.

Priority: 1. Response Type: File Attachment. Comment? Yes

18 Fiscal External Monitoring Services: Qualifications, Knowledge, & Expertise

(Maximum 30 Points) Point Value: 30

This criterion examines the qualifications, knowledge and skills of the responder which have been derived from actual work experiences including a minimum of five (5) years of relevant prior experience providing similar services. The responder should provide an organizational chart and resumes of staff assigned to work with WSB for this contract.

1. Executive Summary - Provide a narrative description of your organization’s proposed scope of service, method of approach and proposed organization and classification of tasks as it relates to the requested services. Provide any innovative successful approaches used in previous projects of a similar nature.

Priority: 4. Response Type: Text.

2. Provide an organization chart indicating key management team members.

Priority: 2. Response Type: File Attachment. Comment? yes

3. Describe the project staff structure, the background, qualifications, and relevant experience of all staff involved in the project, including length of time at contractor; include the responsibilities that each staff member will have during the execution of the resulting contract.

Priority: 4. Response Type: Text.

4. Provide resumes of staff assigned to work with WSB for this contract.

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

19 Fiscal External Monitoring Services: Reference/Past Experience (Maximum 20

Points)

Point Value: 20

The references/past experiences will be evaluated in terms of the amount of experience in providing similar services. A minimum of three (3) references of current or past clients for the same or similar services must be provided. The clients must be three distinct customers.

1. Please provide the requested information for a past or current contract relating to services similar to those sought in this RFP.

Contracting Agency Data Contract 1

Name of Contracting Agency

Contact Person Name/Title

Agency Complete Address

Agency Phone Number

Contact Email Address

Beginning and End Date of Contract

Total Dollar Amount of Contract

Brief Synopsis of Services Performed

Indicators of Successful Performance

2. Please provide the requested information for a past or current contract relating to services similar

Contracting Agency Data Contract 2

3. Please provide the requested information for a past or current contract relating to services similar

Contracting Agency Data Contract 3

20 Fiscal External Monitoring Services: 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