request for proposal document

Request for Proposal (RFP)

For

Job Training & Job Placement for People with Disabilities

RFP No. #538-10-0005-0001

Date of Release: September 8, 2009Due Date and Time: October 30, 2009, 3:00 pm CDST

Pre-Offer Conference: A Pre-Offer Conference will be held on September 22, 2009 at 1:30 p.m., CSDT at the following location:

Department of Assistive and Rehabilitative Services (DARS-DRS)Brown-Heatly State Office Building

4900 North Lamar, Room #1430Austin, Texas 78751

CPA Class/Item Code: 952-59, 952-90

of 55

TABLE OF CONTENTS

1. General Information-----------------------------------------------------------------------------------------------------5

1.1. Purpose----------------------------------------------------------------------------------------------------------------------5

1.2. Eligibility Criteria----------------------------------------------------------------------------------------------------------5

1.3. External Factors-----------------------------------------------------------------------------------------------------------5

1.4 DARS-DRS Point of Contact---------------------------------------------------------------------------------------------5

1.5. Procurement Schedule--------------------------------------------------------------------------------------------------6

1.6. Vendor Pre-Offer Conference------------------------------------------------------------------------------------------6

1.7. Questions and Comments----------------------------------------------------------------------------------------------7

1.8. Instructions for Submitting Proposals-------------------------------------------------------------------------------7

1.9. Submission-----------------------------------------------------------------------------------------------------------------7

1.10. Additional Requirements-----------------------------------------------------------------------------------------------8

1.11. Modification or Withdrawal of Proposal---------------------------------------------------------------------------8

1.12. Contract Type and Term-------------------------------------------------------------------------------------------------9

1.13. Invoicing and Advance Payment Requests-------------------------------------------------------------------------9

1.14. Contract Elements--------------------------------------------------------------------------------------------------------9

1.15. Proposal Evaluation----------------------------------------------------------------------------------------------------10

1.16. Evaluation Criteria------------------------------------------------------------------------------------------------------10

1.17. Initial Compliance Screening-----------------------------------------------------------------------------------------10

1.18. Competitive Field Determinations---------------------------------------------------------------------------------11

of 55

1.19. Oral Presentations, Site Visits and Discussions with Respondents----------------------------------------11

1.20. Best and Final Offers---------------------------------------------------------------------------------------------------11

2. Scope of Work------------------------------------------------------------------------------------------------------------12

2.1. Background---------------------------------------------------------------------------------------------------------------12

2.2. Contractor Responsibilities-------------------------------------------------------------------------------------------12

2.3. DARS-DRS Responsibilities--------------------------------------------------------------------------------------------13

2.4. Performance Measures and Associated Remedies------------------------------------------------------------13

2.5. Reporting Requirements----------------------------------------------------------------------------------------------13

3. Proposal Contents and Organization------------------------------------------------------------------------------13

4. General Instructions and Proposal Requirements-------------------------------------------------------------14

4.1. DARS-DRS Uniform Terms and Conditions (UTC’s)-------------------------------------------------------------14

4.2. Historically Underutilized Business Participation --------------------------------------------------------------14

4.3. Corporate Guarantee---------------------------------------------------------------------------------------------------15

4.4. Bonding--------------------------------------------------------------------------------------------------------------------15

4.5. Delegation of Authority-----------------------------------------------------------------------------------------------15

4.6. Conflicts of Interest-----------------------------------------------------------------------------------------------------15

4.7. Former Employees of a State Agency------------------------------------------------------------------------------16

4.8. DARS-DRS Amendments and Announcements Regarding this RFP----------------------------------------16

4.9. RFP Cancellation/Partial Award/Non-Award--------------------------------------------------------------------17

4.10. Right to Reject Proposals or Portions of Proposals------------------------------------------------------------17

4.11. Costs Incurred------------------------------------------------------------------------------------------------------------17

4.12. Protest Procedures-----------------------------------------------------------------------------------------------------17

4.13. Interpretive Conventions----------------------------------------------------------------------------------------------17

4.14. News Releases-----------------------------------------------------------------------------------------------------------17

4.15. Incomplete Proposals--------------------------------------------------------------------------------------------------18

of 55

4.16. State Use of Ideas-------------------------------------------------------------------------------------------------------18

4.17. Property of DARS-DRS-------------------------------------------------------------------------------------------------18

4.18. Copyright Restriction---------------------------------------------------------------------------------------------------18

4.19. Additional Information------------------------------------------------------------------------------------------------18

4.20. Multiple Responses-----------------------------------------------------------------------------------------------------19

4.21. Use of Subcontractors-------------------------------------------------------------------------------------------------19

4.22. Texas Public Information Act-----------------------------------------------------------------------------------------19

4.23. Financial Capacity-------------------------------------------------------------------------------------------------------19

Attachment A – Potential Value of Services Performed---------------------------------------------------------------21

Attachment B – Respondent Qualifications------------------------------------------------------------------------------24

Attachment C-INST – Budget Instructions---------------------------------------------------------------------------------26

Attachment C – Budget (Year One)------------------------------------------------------------------------------------------32

Attachment C – Budget (Year Two)------------------------------------------------------------------------------------------39

Attachment D – DARS Uniform Terms & Conditions-------------------------------------------------------------------46

Attachment E – Regional Map------------------------------------------------------------------------------------------------51

Attachment F – Proposal Execution ----------------------------------------------------------------------------------------53

Attachment G – Proposal Checklist-----------------------------------------------------------------------------------------54

of 55

1. General Information

1.1. Purpose

The State of Texas, by and through the Department of Assistive and Rehabilitative Services, Division for Rehabilitation Services (DARS-DRS), seeks to award contracts for up to 20 Consumer training programs across the state that will take place at a host company, and will result in permanent consumer job placement within the host company or a similar company within the same industry in accordance with the specifications contained in this Request for Proposals (“RFP”).

1.2. Eligibility Criteria

Current DRS contracted Community Rehabilitation Program (CRP); orCommunity Colleges; orSchool Districts with adult education component; orA public/private non-profit or for profit organization or company

1.3. External Factors

External factors may affect the project, including budgetary and resource constraints. Any contract resulting from the RFP is subject to the availability of state and federal funds. As of the issuance of this RFP, DARS-DRS anticipates that budgeted funds will be available to reasonably fulfill the project requirements. If, however, funds are not available, DARS-DRS reserves the right to withdraw the RFP or terminate the resulting contract without penalty.

1.4. DARS-DRS Point of Contact

The sole point of contact for inquiries concerning this RFP is:

Lisa Trueper, CTPMConsumer Procurement and Business Services

Department of Assistive & Rehabilitative Services4900 North Lamar Blvd., Ste. 1100, MC 3046

Austin, TX 78751Email: [email protected]

Phone: 512-424-4816

All communications relating to this RFP must be directed to the point-of-contact named above. All communications between applicants and other DARS-DRS staff members concerning this

RFP are strictly prohibited. Failure to comply with these requirements may result in disqualification of your proposal.

of 55

1.5. Procurement Schedule

The following table documents the critical pre-award events for the procurement. All dates are subject to change at DARS-DRS’s discretion.

Procurement Schedule

RFP posted on the Electronic State Business Daily (ESBD) September 8, 2009

Deadline for Vendor Pre-Offer Conference Questions (5:00 PM CDST)

September 17, 2009

Vendor Pre-Offer Conference (not mandatory) September 22, 2009

Vendor Questions Due (5:00 PM CDST) October 9, 2009

DARS-DRS Posts Responses to Vendor Questions (5:00 PM CDST)

October 16, 2009

Proposals Due (3:00 PM CDST) October 30, 2009

Deadline for Proposal Withdrawal (3:00 PM CDST) October 30, 2009

Announcement of tentative awards posted to ESBD November 20, 2009

Announcement of final awards posted to ESBD December 11, 2009

Anticipated Contract Start Date January 1, 2010

1.6. Vendor Pre-Offer Conference

DARS-DRS will hold a vendor pre-offer conference on September 22, 2009 at 1:30 PM CDST in the Brown-Heatly State Office Building, 4900 N. Lamar, Austin, TX 78751, Room Number 1430. Vendor pre-offer conference attendance is strongly recommended, but is not required.

Respondents may email questions for the conference to the DARS-DRS Point of Contact (see Section 1.4) no later than 5:00 PM CDST on September 17, 2009. DARS-DRS will also give respondents the opportunity to submit written questions at the conference. All questions should reference the appropriate RFP page and section number. DARS-DRS will attempt to respond to questions at the vendor pre-offer conference, but responses are not official until posted in final form on the ESBD. DARS-DRS reserves the right to amend answers prior to the proposal submission deadline.

of 55

1.7. Questions and Comments

All questions and comments regarding this RFP shall be sent via email to the DARS-DRS Point of Contact (see Section 1.4). Questions must reference the appropriate RFP page and section number, and must be submitted by the deadline set forth in Section 1.5. DARS-DRS will not respond to questions received after the deadline. DARS-DRS’s responses to vendor questions will be posted to the ESBD. DARS-DRS reserves the right to amend answers prior to the proposal submission deadline.

Respondents must notify DARS-DRS of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the RFP by the deadline for submitting questions and comments. If a respondent fails to notify DARS-DRS of these issues, it will submit a proposal at its own risk, and if awarded a contract: (1) shall have waived any claim of error or ambiguity in the RFP or resulting contract, (2) shall not contest DARS-DRS’s interpretation of such provision(s), and (3) shall not be entitled to additional compensation, relief or time by reason of the ambiguity, error, or its later correction.

1.8. Instructions for Submitting Proposals

Submit one (1) original and four (4) copies of all documents specified in Section 3 of this RFP in 3-ring binders. Five (5) total 3-ring binders, each containing the required documentation listed in Section 3 of this RFP, including the signed Proposal Execution, Tab A, Tab B, Tab C and Tab D. In addition, submit one electronic copy of the proposal on a portable media, such as a compact disk, compatible with Microsoft Office 2000. DARS-DRS will not accept telephone and facsimile proposals. Any disparities between the contents of the original printed proposal and the electronic proposal will be interpreted in favor of DARS-DRS.

Service Region:See Attachment E, Regional Map. The regional map is to be utilized in answering Question 1 on Attachment B wherein respondents are required to identify the region(s) or county(ies) in which training and placement services will be provided.

During the term of contract, successful respondents will be required to provide training and placement services within the region(s) that they are awarded.

1.9. Submission

Submit all copies of the proposal to DARS-DRS’s point of contact (refer to Section 1.4) no later than 3:00 PM CDST on October 30, 2009. All submissions will be date and time stamped when received by DARS-DRS. The clock in the DARS-DRS Consumer Procurement and Business Services’ (CPBS) office is the official timepiece for determining compliance with the deadlines in this procurement. DARS-DRS reserves the right to reject late submissions. It is the

of 55

respondent’s responsibility to appropriately mark and deliver the proposal to DARS-DRS at the below address by the specified date.

Physical Address for hand delivery and overnight and commercial mail:Attn: Lisa Trueper

Consumer Procurement and Business ServicesThe Department of Assistive and Rehabilitative Services

4900 N. Lamar Blvd., Suite 1100, MC 3046Austin, Texas 78751

All proposals become the property of DARS-DRS after submission.

1.10. Additional Requirements

All proposals must be:

clearly legible; sequentially page-numbered and include the respondent’s name at the top of

each page; organized in the sequence outlined in Section 3; bound in a 3-ring binder; correctly identified with the RFP number and submittal deadline; responsive to all RFP requirements; typed on 8½ by 11” paper; in Arial or Times New Roman font, size 12 for normal text, no less than size 10 for

tables, graphs and appendices; and

Proposals may not include materials or pamphlets not specifically requested in this RFP.

1.11. Modification or Withdrawal of Proposal

Prior to the proposal submission deadline set forth in Section 1.5, a respondent may: (1) withdraw its proposal by submitting a written request to the DARS-DRS Point of Contact, or (2) modify its proposal by submitting a written amendment to the DARS-DRS Point of Contact. DARS-DRS may request proposal modifications at any time.

DARS-DRS reserves the right to waive minor informalities in a proposal and award a contract that is in the best interest of the State of Texas. A “minor informality” is an omission or error that, in DARS-DRS’s determination, if waived or modified when evaluating proposals, would not give a bidder an unfair advantage over other bidders or result in a material change in the proposal or RFP requirements. When DARS-DRS determines that a proposal contains a minor informality, it may at its discretion provide the respondent with the opportunity to correct.

of 55

1.12. Contract Type and Term

DARS-DRS will award up to 20 contracts for Consumer training programs across the state that will take place at a host company, and will result in permanent consumer job placement within the host company or a similar company within the same industry. The initial contract period will be from the date that the contract is executed by DARS-DRS, on or about January 1, 2010, through December 30, 2011. There are no options to extend or renew this contract. DARS-DRS intent is for this project to be a viable fee-for-service or tuition-based program at the end of the two year contract period. Responses with cost proposals showing a Net Total Program Cost greater than $500,000 will not be considered for award. If applying for more than one region (see Attachment E), you must submit separate proposals for each region.

1.13. Invoicing and Advance Payment Requests

In accordance with the Prompt Payment Act, Texas Government Code Chapter 2251, DARS will make payment on a properly prepared invoice within thirty (30) days after receipt. Invoices are to be submitted at a frequency not greater than once per month to:

Department of Assistive and Rehabilitative ServicesAttn: Accounts Payable, MC 30364900 N. Lamar Blvd.Austin, TX 78751

Invoices shall comply with all applicable State of Texas requirements and be in a format that is acceptable to DARS. Payments under this contract are subject to the availability of appropriated funds. Contractor acknowledges and agrees that payments for services provided under this contract are contingent upon DARS-DRS receipt of funds appropriated by the Texas Legislature.

DARS will consider requests for advance payments; however, Contractor shall be responsible for submitting a categorized budget estimate with a request for advance. Within ninety (90) days of DARS issuance of an advance, Contractor will be required to submit to DARS-DRS, at the address listed in this section, a detailed itemization of the actual expenditures paid utilizing advance funds. After 90 days, if there are any un-obligated advance funds, DARS will reduce future monthly invoices by that amount appropriately.

1.14. Contract Elements

The term “contract” means the contract awarded as a result of this RFP and all exhibits thereto. At a minimum, the following documents will be incorporated into the contract: this RFP and all attachments and exhibits; any modifications, addenda or amendments issued in conjunction with this RFP; and the successful respondent’s proposal.

of 55

DARS-DRS reserves the right to negotiate additional contract terms and conditions. Respondents are responsible for reviewing the Uniform Terms and Conditions (UTCs) contained in Attachment D and noting any exceptions, reservations, and limitations on the Respondent Information and Disclosures Form.

1.15. Proposal Evaluation

DARS-DRS will use a formal evaluation process to select the successful respondent(s). DARS-DRS will consider capabilities or advantages that are clearly described in the proposal, which may be confirmed by oral presentations, site visits, demonstrations, and references contacted by DARS-DRS. DARS-DRS reserves the right to contact individuals, entities, or organizations that have had dealings with the respondent or proposed staff, whether or not identified in the proposal.

DARS-DRS will more favorably evaluate proposals that offer no or few exceptions, reservations, or limitations to the terms and conditions of the RFP, including DARS-DRS’s UTCs.

1.16. Evaluation Criteria

DARS-DRS will evaluate proposals based on the following best value criteria and corresponding relative weights. It is DARS-DRS intention to serve urban and rural areas of the State; therefore, final selection will be based on evaluation criteria and geographic locations.

EVALUATION CRITERIA RELATIVE WEIGHTPotential Value of Services

Provided50%

Respondent Qualifications 30%

Cost Benefit 20%

TOTAL 100%

1.17. Initial Compliance Screening

DARS-DRS will perform an initial screening of all proposals received. Unsigned proposals and proposals that do not include all required forms and sections are subject to rejection without further evaluation.

In accordance with Section 1.11, DARS-DRS reserves the right to waive minor informalities in a proposal and award contracts that are in the best interest of the State of Texas.

of 55

1.18. Competitive Field Determinations

DARS-DRS may determine that certain proposals are within the field of competition for admission to discussions. The field of competition consists of the proposals that receive the highest or most satisfactory evaluations. DARS-DRS may, in the interest of administrative efficiency, place reasonable limits on the number of proposals admitted to the field of competition.

1.19. Oral Presentations, Site Visits and Discussions with Respondents

DARS-DRS may, at its sole discretion, request oral presentations, site visits, and/or demonstrations from one or more respondents admitted to the field of competition. DARS-DRS will notify selected respondents of the time and location for these activities, and may supply agendas or topics for discussion. DARS-DRS reserves the right to ask additional questions during oral presentations, site visits, and or demonstrations to clarify the scope and content of the written proposal.

The respondent’s oral presentation, site visit, and/or demonstration must substantially represent material included in the written proposal, and should not introduce new concepts or offers unless specifically requested by DARS-DRS.

DARS-DRS may, but is not required to, conduct discussions with all, some, or none of the respondents admitted to the field of competition for the purpose of obtaining the best value for DARS-DRS. It may conduct discussions for the purpose of:

obtaining clarification of proposal ambiguities; requesting modifications to a proposal; and/or obtaining a best and final offer.

DARS-DRS may make an award prior to the completion of discussions with all respondents admitted to the field of competition if DARS-DRS determines that the award represents best value to the State of Texas.

1.20. Best and Final Offers

DARS-DRS may, but is not required to, permit respondents to prepare one or more revised offers. For this reason, respondents are encouraged to treat their original proposals, and any revised offers requested by DARS-DRS, as best and final offers.

of 55

2. Scope of Work

2.1. Background

As a result of the American Recovery Reinvestment Act (ARRA), DARS-DRS plans to expand the pool of available job training options for vocational rehabilitation consumers with disabilities served by DARS-DRS. DARS-DRS is seeking new and innovative proposals for training and placement programs to be conducted by contractors on location at a host company (a public business that is not owned, operated or controlled by the contractor), with the expectation that the consumer will be employed with the host company or with another similar company within the industry upon completion of the training. The goal is for the contractor to develop a sustainable tuition based training and placement program in a demand industry that continues beyond the life of the contract. Applicants must have an established relationship with a business(es) and/or industry(ies) that has a current and ongoing demand for trained and qualified employees. The program can be a new training program or an existing one that expands or adjusts to include qualified participants with disabilities. Applications that demonstrate collaboration among service providers are encouraged.

2.2. Contractor Responsibilities

Contractors will be responsible for the following:

1. Develop training curriculum as established with the host company to ensure consumers receive appropriate training.

2. Coordinate with DARS-DRS to screen applicants for training to ensure they meet qualifications identified by the host company.

3. Provide technical (job related) and soft skills (work habits, co-workers) training to consumers served by DARS-DRS on location at the host company. If training cannot take place at the host company site, the contractor must receive prior written approval from DARS-DRS before providing the training at an alternate site controlled by the host company.

4. Provide reasonable accommodations to consumers when needed to ensure full participation in training.

5. Paying DARS-DRS consumers no less than minimum wage pay during the job training portion of this program.

6. Place consumers in jobs with the host company, or in a similar occupation with another company(ies).

7. Provide the necessary job supports (i.e, job coaching, interpreting) to ensure that the consumer adjusts to the employment and performs their work satisfactorily.

8. Provide, when requested from DARS-DRS, reports that meet the ARRA standards and reporting requirements.

of 55

2.3. DARS-DRS Responsibilities

1. Provide Vocational Rehabilitation Services to consumers.2. Provide referrals to the contractor for training in the program.3. When consumers who are not currently served by DARS-DRS are identified by the

contractor as possible program participants, DARS-DRS will, when possible, expedite the determination of eligibility for DARS-DRS services.

4. Ensure that consumers are able to make informed decisions about participation in the program. When a consumer chooses to participate, the DARS-DRS counselor will identify the program on the consumer’s Individualized Plan for Employment (IPE).

5. DARS-DRS counselors will coordinate the provision of support and services identified in the IPE that fall outside the scope of the contractor’s responsibilities.

6. During the term of the contract, DARS-DRS will perform site visits, provide technical assistance, and carry out other contract management-related functions.

2.4. Performance Measures and Associated Remedies

DARS-DRS will monitor the performance of the contract(s) issued under this RFP. All services required under the contract shall be provided at an acceptable level of quality and in a manner consistent with acceptable standards, customs, and practices.

Proper performance shall be assessed by:

1. Number of consumers trained compared with projections2. Number of consumers placed in jobs compared with projections3. Consumer satisfaction4. Business satisfaction5. Potential long term viability and sustainability of the program

2.5. Reporting Requirements

The contractor must cooperate with DARS-DRS so that DARS-DRS may fulfill its obligations for reporting under the ARRA. Data elements are not yet determined, but when the federal government has determined them, contractor will assist in providing any additional information required. Data elements will include, at a minimum:

o Detailed description of the project and updated completion status reportso Estimates of the number of jobs createdo Estimates of the number of jobs saved.

3. Proposal Contents and OrganizationProposals should be placed in 3-ring binders and organized as follows:

of 55

A completed and signed Proposal Execution (Attachment F) must be included inside each 3-ring binder, immediately preceding the following tabs:

TAB A Potential Value of Services Performed. Complete Attachment A – Potential Value of Services Performed and place behind this tab, attaching all requested supporting documentation, if applicable.

TAB B Qualifications. Complete Attachment B - Respondent Qualifications and place behind this tab, attaching all requested supporting documentation, if applicable.

TAB C Budget (Year One & Year Two). Complete Attachment C, Budget-Year One and Budget–Year Two in accordance with the Budget Instructions (Attachment C-Inst), and place behind this tab .

TAB D Certifications and Other Required Forms. Respondents must submit the following required forms with their proposals:

Financial Information (Refer to Section 4.23);Child Support Certification (DARS-DRS1305);Certifications Form;Respondent Information and Disclosures

4. General Instructions and Proposal Requirements

4.1. DARS-DRS Uniform Terms and Conditions (UTC’s)

Attachment D states DARS-DRS Uniform Terms and Conditions. By signing the Proposal Execution Document, Respondent is hereby agreeing to DARS-DRS UTC’s. Any exceptions to the UTCs, must be noted on the Respondent Information and Disclosures Form and submitted with the proposal.

4.2. Historically Underutilized Business Participation

Though the estimated value is above $100,000 the HUB Program Office has determined that because subcontracting opportunities are not probable, respondents are not required to submit a HUB Subcontracting Plan with their proposal at the time of submission. If subcontractors are used in the delivery of the goods and/or services, the awarded contractor(s) is requested to submit monthly progress reports, in the prescribed format, to DARS-DRS’s HUB Program Office. When applicable, the reports should include a narrative description of the contractor’s good faith efforts and accomplishments, and financial information reflecting payments to all subcontractors, including HUBs.

of 55

http://www.cpa.state.tx.us/procurement/prog/hub/hub-forms/HUBSubcontractingPlan.pdf

4.3. Corporate Guarantee

If the respondent is substantially owned or controlled, in whole or in part, by one or more other legal entities, the respondent must submit the information required under the “Financial Capacity” (refer to section 4.23) for each such entity, including the most recent financial statement for each such entity. The respondent must also include a statement that the entity or entities will unconditionally guarantee performance by the respondent of each and every obligation, warranty, covenant, term and condition of the contract. If DARS-DRS determines that an entity does not have sufficient financial resources to guarantee the respondent’s performance, DARS-DRS may require the respondent to obtain another acceptable financial instrument or resource from such entity, or to obtain an acceptable guarantee from another entity with sufficient financial resources to guarantee performance.

4.4. Bonding

DARS-DRS reserves the right to require the respondent to procure one or more performance, fidelity, payment or other bond, if during the term of the contract, DARS-DRS in its sole discretion determines that there is a business need for such requirement.

4.5. Delegation of Authority

State and federal laws generally limit DARS-DRS’s ability to delegate certain decisions and functions to a contractor, including but not limited to: (1) policy-making authority, and (2) final decision-making authority on the acceptance or rejection of contracted services.

4.6. Conflicts of Interest

A conflict of interest is a set of facts or circumstances in which either a respondent or anyone acting on its behalf in connection with this procurement has past, present or currently planned personal, professional or financial interests or obligations that, in DARS-DRS’s determination, would actually or apparently conflict or interfere with the Respondent’s contractual obligations to DARS-DRS. A conflict of interest would include circumstances in which a party’s personal, professional or financial interests or obligations may directly or indirectly:

make it difficult or impossible to fulfill its contractual obligations to DARS-DRS in a manner that is consistent with the best interests of the State of Texas;

impair, diminish or interfere with that party’s ability to render impartial or objective assistance or advice to DARS-DRS; or

provide the party with an unfair competitive advantage in future DARS-DRS procurements.

of 55

Neither the respondent nor any other person or entity acting on its behalf, including but not limited to subcontractors, employees, agents and representatives, may have a conflict of interest with respect to this procurement. Before submitting a proposal, respondents should carefully review the Uniform Terms and Conditions for additional information concerning conflicts of interests.

A Respondent must certify that it does not have personal or business interests that present a conflict of interest with respect to the RFP and resulting contract (see the attached Certifications form). Additionally, if applicable, the respondent must disclose all potential conflicts of interest. The respondent must describe the measures it will take to ensure that there will be no actual conflict of interest and that its fairness, independence and objectivity will be maintained (see the Respondent Information and Disclosures form). DARS-DRS will determine to what extent, if any, a potential conflict of interest can be mitigated and managed during the term of the contract. Failure to identify potential conflicts of interest may result in DARS-DRS’s disqualification of a proposal or termination of the contract.

4.7. Former Employees of a State Agency

Respondents must comply with Texas and federal laws and regulations relating to the hiring of former state employees (see e.g., Texas Government Code §572.054 and 45 C.F.R. §74.43). Such “revolving door” provisions generally restrict former agency heads from communicating with or appearing before the agency on certain matters for two years after leaving the agency. The revolving door provisions also restrict some former employees from representing clients on matters that the employee participated in during state service or matters that were in the employees’ official responsibility.

As a result of such laws and regulations, a respondent must certify that it has complied with all applicable laws and regulations regarding former state employees (see the attached required Certifications form). Furthermore, a respondent must disclose any relevant past state employment of the respondent’s or its subcontractors’ employees and agents in the Respondent Information and Disclosure form.

4.8. DARS-DRS Amendments and Announcements Regarding this RFP

DARS-DRS will post all official communication regarding this RFP on the Electronic State Business Daily, including the notice of tentative award. DARS-DRS reserves the right to revise the RFP at any time. Any changes, amendments, or clarifications will be made in the form of written responses to respondent questions, amendments, or addenda issued by DARS-DRS on the ESBD. Respondents should check the ESBD frequently for notice of matters affecting the RFP. Respondents are required to acknowledge receipt of any amendments to the RFP by signing and returning the amendments with their proposal. The location for the ESBD is: http://esbd.cpa.state.tx.us/.

of 55

http://esbd.cpa.state.tx.us/



http://www.gpoaccess.gov/cfr/retrieve.html

http://tlo2.tlc.state.tx.us/statutes/docs/GV/content/htm/gv.005.00.000572.00.htm#572.054.00

4.9. RFP Cancellation/Partial Award/Non-Award

DARS-DRS reserves the right to cancel this RFP, to make a partial award, or to make no award if it determines that such action is in the best interest of the State of Texas.

4.10. Right to Reject Proposals or Portions of Proposals

DARS-DRS may, in its discretion, reject any and all proposals or portions thereof.

4.11. Costs IncurredRespondents understand that issuance of this RFP in no way constitutes a commitment by DARS-DRS to award a Contract or to pay any costs incurred by a respondent in the preparation of a response to this RFP. DARS-DRS is not liable for any costs incurred by a respondent prior to issuance of or entering into a formal agreement, contract, or purchase order. Costs of developing proposals, preparing for or participating in oral presentations and site visits, or any other similar expenses incurred by a respondent are entirely the responsibility of the respondent, and will not be reimbursed in any manner by the State of Texas.

4.12. Protest Procedures

Respondents must comply with DARS-DRS Protest Procedures as outlined on DARS-DRS Internet Site, under Doing Business with DARS, DARS Standard Procurement Terms & Conditions, Section E - General Provisions, Item 14. http://www.dars.state.tx.us/business/terms.shtml

4.13. Interpretive Conventions

Whenever the terms “shall,” “must,” or “is required” are used in this RFP in conjunction with a specification or performance requirement, the specification or requirement is mandatory. A respondent’s failure to address or meet any mandatory requirement in a proposal may be cause for DARS-DRS’s rejection of the proposal.

Whenever the terms “can,” “may,” or “should” are used in this RFP in conjunction with a specification or performance requirement, the specification or performance requirement is a desirable, but not mandatory, requirement. Accordingly, a respondent’s failure to address or provide any items so referred to will not be the cause for rejection of the proposal, but will likely result in a less favorable evaluation.

4.14. News Releases Prior to tentative award, a Respondent may not issue a press release or provide any information for public consumption regarding its participation in the procurement. After tentative award, a Respondent must receive prior written approval from DARS-DRS before

of 55

http://www.dars.state.tx.us/business/terms.shtml

issuing a press release or providing information for public consumption regarding its participation in the procurement. Requests should be directed to the DARS Point of Contact identified in Section 1.4.

This Section does not preclude business communications necessary for a vendor to develop a proposal, or required reporting to shareholders or governmental authorities.

4.15. Incomplete Proposals

DARS-DRS may reject without further consideration a proposal that does not include a complete, comprehensive, or total solution as requested by the RFP.

4.16. State Use of Ideas

DARS-DRS reserves the right to use any and all ideas presented in a proposal unless the respondent presents a valid legal case that such ideas are trade secret or confidential information, and identifies the information as such in its proposal. A respondent may not object to the use of ideas that are not the respondent’s intellectual property and so designated in the proposal that: (1) were known to DARS-DRS before the submission of the proposal, (2) were in the public domain through no fault of DARS-DRS, or (3) became properly known to DARS-DRS after proposal submission through other sources or through acceptance of the proposal.

4.17. Property of DARS-DRS Except as otherwise provided in this RFP or the resulting contract, all products produced by a respondent, including without limitations the proposal, all plans, designs, software, and other contract deliverables, become the sole property of DARS-DRS.

4.18. Copyright Restriction

DARS-DRS will not consider any proposal that bears a copyright.

4.19. Additional Information

By submitting a proposal, the respondent grants DARS-DRS the right to obtain information from any lawful source regarding the respondent’s and its directors’, officers’, and employees’: (1) past business history, practices, and conduct, (2) ability to supply the goods and services, and (3) ability to comply with contract requirements. By submitting a proposal, a respondent generally releases from liability and waives all claims against any party providing DARS-DRS information about the respondent. DARS-DRS may take such information into consideration in evaluating proposals.

of 55

4.20. Multiple Responses

A respondent may submit one proposal per region as a prime contractor. Each proposal must be separately marked and must offer a complete solution in accordance with the RFP requirements.

4.21. Use of Subcontractors

Subcontractors providing services under the contract shall meet the same requirements and level of experience as required of the respondent. No subcontract under the contract shall relieve the respondent of the responsibility for ensuring the requested services are provided. Respondents planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors.

4.22. Texas Public Information Act

4.22.1. General Requirement for the Release of Proposals

Proposals will be subject to the Texas Public Information Act (the Act), located in Chapter 552 of the Texas Government Code, and may be disclosed to the public upon request. Subject to the Act, respondents may protect trade secret and confidential information from public release. If the respondent asserts that information provided in the proposal is trade secrets or other confidential information, it must be clearly marked such information in boldface type and include the words “confidential” or “trade secret” at top of the page. Furthermore, the respondent must identify trade secret or confidential information, and provide an explanation of why the information is excepted from public disclosure, on the Respondent Information and Disclosures form.

DARS-DRS will process any request from a member of the public in accordance with the procedures outlined in the Act. Respondents should consult the Texas Attorney General’s website (www.oag.state.tx.us) for information concerning the Act’s application to proposals and potential exceptions to disclosure.

4.23. Financial Capacity

A respondent must supply evidence of financial stability sufficient to demonstrate reasonable stability and solvency appropriate to the requirements of this procurement. Respondents must submit a current financial statement plus two (2) years of audited financial reports including all supplements, management discussion and analysis, and actuarial opinions. At a minimum, such financial statements and reports shall include: balance sheet; statement of income and expense; statement of changes in financial position; cash flows; and capital expenditures. If the respondent is a corporation that is required to report to the Securities and Exchange

of 55

http://www.oag.state.tx.us/



Commission, it must submit its two most recent SEC Forms 10K, Annual Reports. If any change in ownership is anticipated during the twelve (12) months following the proposal due date, the respondent must describe the circumstances of such change and indicate when the change is likely to occur.

of 55

ATTACHMENT APOTENTIAL VALUE OF SERVICES PERFORMED

1. Describe your company’s experience relating to:

a) Work training of the general public?

b) Work training of people with disabilities (PWDs)?

c) Job placement of the general public?

d) Job placement of PWDs?

2. Provide a description of program. Is this a new or existing training program? If established program for general population, how would you integrate PWDs?

3. Provide evidence of the host company’s commitment to the project, training and hiring of PWDs.

4. Identify company or company clusters where training will be provided.

5. Describe actual training that you will provide:

a) Components (format, steps, content, materials and length)

b) Soft Skills (appropriate work behavior, timeliness, accepting supervision)

c) Technical Skills (identify skill sets)

of 55

6. 6. Detailed description of the training model:

a) What role will the Contractor play in the training?

b) Identify the role the host company will play in the training.

7. Identify metrics for successful completion of components. Describe how trainees will be evaluated and the criteria for successful completion of training and successful acquisition of skills.

8. If your plan involves serving specific disability groups, then identify the targeted groups, what made you determine the need to serve the group and what evidence can you present that supports this decision?

9. Describe the method for placing graduates into jobs either in host company or in a similar company.

10. Estimate the number of trainees who will:

10.A.1st Year of Contract 2nd Year of Contract

Enroll in trainingComplete trainingBe hiredSustain employment for at least 100 days

10.B. Identify the methodology used to make the above determination.

of 55

11. Identify resources and plans to provide initial and ongoing support for trainee adjustment to employment and performance.

12. Identify detailed timeline for:

a) Implementation of training

b) Placement

c) Specific goals for the first and second year of contract.

13. Sustainability Plan - Outcome-based

a) Identify/describe the plan that sustains the program beyond the life of the contract as a fee for service or a tuition-based program.

of 55

ATTACHMENT B RESPONDENT QUALIFICATIONS

1. See Attachment E. Regional Map. State below which region(s) and county(ies) you propose to serve.

2. Provide a history and overview of your organization with respect to successful training and placement for people with or without disabilities. (2 page, single space limit).

3. As an attachment to this proposal, provide an organizational chart of your entire organization that illustrates which personnel will be assigned to the project. If the services will be provided by more than one organization, provide an organizational chart for each entity and identify the lead organization.

Provide an additional organizational chart that is project-specific, that illustrates which roles personnel identified above will be assigned to the project. Confirm the quantity and titles of personnel proposed for performing the services.

4. Explain how the proposed staffing identified in the previous question will have the capacity to meet the requirements of the scope of service. Contract funds awarded as a result of this RFP may not be used to establish an organization.

5. Provide high level job descriptions, including job titles, and primary functions with respect to performing the services specified in Section 2.2 of the RFP. Attach résumés to your proposal for the individuals that correspond to the job descriptions, if applicable.

of 55

6. Provide examples of up to three (3) current and/or past contracts or business arrangements, commercial organizations, or other organizations where you have performed work that is similar to work that will be performed under this contract. For each example include:

Client name Point-of-contact name and phone number Period of performance, and contract value. Scope of services performed as well as any significant accomplishments, findings, or other

relevant outcomes.

NOTE: If you are unable to provide evidence of past performance as described above, include information that is as similar as possible. Do not include letters of support.

7. Describe your administrative capabilities with respect to effectively supporting this contract. Include a description of accounting and other applicable financial functions, and functions related to collection, organization and reporting of data related to services provided, and any other administrative functions you feel are essential to the services described in this RFP. Include information regarding your administrative staff, i.e. number of staff, roles and responsibilities, and years of relevant experience.

of 55

ATTACHMENT C-INSTBUDGET INSTRUCTIONS

GENERAL INSTRUCTIONS:

A Contract budget is an itemized list of anticipated expenditures for a given budget period. It is a plan of action expressed in terms of anticipated costs for personnel (salary and wages), fringe benefits, travel, equipment, supplies, contractual services, and/or other types of costs. Costs allocated in each of the budget categories shall only reflect the costs necessary to satisfy the requirements of a contract awarded as a result of this RFP.

The budget, as approved and awarded, is the official financial plan to carry out the purposes of the Contract. Depending on the type of legal entity, each contractor is subject to different cost principles contained in federal regulations or circulars of the Office of Management and Budget. Payment will only be made if Contractor provides the services under the contract and also fully complies with the applicable cost principles.

SPECIFIC INSTRUCTIONS

1. BUDGET SUMMARY

Enter the Budget Period for this Contract award.

Enter the Categorical Totals from the Budget Detail sections, breaking out start up costs and on-going costs.

Compute the Budget Period Totals.

2. BUDGET DETAIL

Section I -- Salary and wages:

Allowable costs include properly documented salaries, wages and the value of volunteer services supported by position description and Donated Services Time Sheet (you must use this reporting form if the Contract is awarded).

Instructions:

A. Enter the title of each position for which you request funding for the budget period. If you know the name of the person who will occupy that position, enter the position and the name of the person.

B. Enter the annual (12 month) salary or wage for each position assigned to the Contract.

of 55

C. Calculate the percentage of time that each position will spend working on the Contract. This calculation is made using the percentage of each week each person devotes to Contract funded activities.

Examples:

Full time is 40 hours per week (100%).

20 hours per week = 50%

10 hours per week = 25%

If the Contract time is less than 12 months during the year divide the number of months by 12 and multiply the percent of time a week you calculated to get C. Percent of Time on Contract.

D. Compute Contract sponsored salary or wage by multiplying column B amounts by column C percentages. Enter the results for each position in this column.

E. Add and enter total of column D.

Section II -- Fringe Benefits:

Allowable costs include fringe benefits properly authorized by applicant organization, consistently applied to all employees of the organization.

Instructions:

A. Enter allowable fringe benefit categories.

B. Enter the basis upon which fringe benefits are calculated. (gross wages, per employee, a fixed percentage of income, etc.).

C. Enter fringe benefit rates for each category of benefit. If benefits are computed on a basis other than as a percentage of wages, leave blank.

D. Multiply the “Basis” amount in Column B by the “Rate” amount in Column C.

E. Total the fringe costs and enter here.

Section III -- Travel:

Allowable costs include airfare, accommodations, per diem, mileage or other allowable incidental costs for Contract project staff for approved Contract activities.

Instructions:

A. Identify and enter line-item detail for Contract employee travel. Line-item detail could include hotel, per diem and public transportation

fees (airfare, taxis).

B. Enter the estimated cost of planned travel for the budget period.

C. Total the travel costs and enter here.

of 55

Section IV – Equipment:

Allowable costs include equipment necessary to accomplish the purposes of the Contract project. Equipment is non-expendable personal property having a useful life of one or more years and acquisition cost of $5,000 per unit or any lower limit established by applicant policy.

Instructions:

A. Identify items of equipment you are requesting to purchase for use by this Contract in this budget period.

B. Enter the estimated cost of equipment.

C. Total each column and enter here.

Section V – Supplies:

Allowable costs include consumable offices supplies necessary for the Contract activities. Supplies includes all tangible personal property that does not meet the definition of equipment (e.g., office supplies, periodical subscriptions related to program objectives, small office machines, etc.).

Instructions:

A. Identify supplies and materials to be purchased to support this Contract.

B. Enter the projected cost for each type of supplies for the budget period.

C. Enter totals here.

Section VI – Contractual:

Allowable costs in this category include maintenance and repair services and professional services.

Instructions:

A. Identify and enter details for any service you will purchase as a part of this Contract. Include procurement contracts not covered in other categories, e.g. maintenance contracts, professional services (accountants, lawyers, physicians, etc.) or other contracted consumer services.

B. Enter the projected cost by line-item.

C. Enter the totals here.

Section VII - - Other:

Allowable costs include:

- travel costs for consumer services

of 55

- rental contracts for machinery or equipment (i.e. copying machines, vehicles) and office or conference space, rehabilitation training and work space,

- telephone,

- liability and/or property insurance costs,

- postage,

- purchased printing or reproduction,

- utilities (natural or LP gas, water, electricity),

- other approved costs.

Instructions:

A. Identify and enter line-item detail for costs related to the Contract. Enter each item on a separate line.

B. Enter the projected cost by line-item.

C. Enter totals here.

3. BUDGET JUSTIFICATION


The Budget Justification sections provide supporting information on the relevance of the line-item figures supplied in the Budget Detail. Do not use this section to provide greater line-item detail, but provide additional information that identifies the purpose and explains the necessity of the line-item cost.


Section I -- Salary and Wages

List each position, and the name of the employee, who will provide support to the Contract (DARS federal, state funds or project income/matching funds). Supply a narrative statement that describes the relevance of the position to the Contract.

If you distribute personnel over more than one funding source, describe the allocation methodology and the documentation available to support the allocation.

Section II -- Fringe Benefits

Provide a narrative statement on the allocation and application of fringe benefit costs to Contract supported personnel.

of 55

Section III - - Travel

For each type of travel cost, supply a narrative statement that describes its purpose and how it relates to the achievement of Contract objectives. For out of state travel, indicate proposed destinations, purpose of the trip and its connection to the Contract.

Section IV -- Equipment

For each item of equipment, provide an explanation of how you determined these costs estimates and their relation and necessity to the achievement of Contract objectives.

Section V -- Supplies

For each category of supply costs, describe the need and application of expenses to the Contract. Indicate allocation methodology for “shared” supply inventories.

Section VI -- Contractual

For each line-item, describe how you will use these contractual services and their relevance to Contract objectives. Indicate how you will be allocating “shared” services (janitorial, accounting, audit, etc.) to the Contract.

Section VII -- Other

For each cost type listed, provide a narrative statement that describes the need, purpose and allocation of the cost to the Contract. Provide enough specificity to allow easy understanding of how you will expend these funds.

4. OTHER FINANCIAL RESOURCES


Complete this part if the Contract indicates financial support for these Contract activities by another organization.


Section I -- Other Sources of Funding

A. List the sources of all additional funding or financial support for these Contract activities, including your own agency.

B. Indicate the origin of the contribution, i.e., direct donation of equipment, materials, or facilities, state appropriations, revenue sharing, volunteers, etc.

C. Indicate whether the “source” of these resources is federal or non-federal.

of 55

Section II -- Donated Equipment/Materials/Facilities:

A. List all items donated for use for this Contract.

B. Provide a narrative statement that describes the item’s usefulness to the Contract.

C. Indicate the transfer date for the equipment, materials or facilities provided for Contract use.

D. Provide the best information available on the fair market value of each item.

E. If the donation is a facility, or space in a facility, obtain an appraisal of the “fair market value” of the space and attach a copy to this form.

of 55

ATTACHMENT CBUDGET (YEAR ONE)

For Budget Period 01/01/2010 To 12/31/2010

(1) BUDGET SUMMARY – YEAR ONE

Category Start Up Costs Ongoing

1. Salary and wages

2. Fringe Benefits

3. Travel

4. Equipment

5. Supplies

6. Contractual

7. Other

8. Budget period totals $ $

(2) BUDGET DETAIL

Section I – Salary & Wages

A. Position/Name B. Annual Salary or Wages

C. Percent of Time on Contract

D. Computed Salary or Wages

E. Total Salary and Wages $

of 55

Section II - Fringe benefits

A. Categories B. Basis C. Rate D. Amount1. FICA ______%

2. FUTA ______%

3. Retirement

4. Insurance

5. Other: __________

__________

E. Total Fringe Benefits $

Section III - Travel

A. Description of Travel (for staff development only) B. CostAir Fare

Accommodations

Per Diem

Mileage

Other allowable incidental costs (identify: parking, rental cars, taxis, etc.)

C. Travel Total $

Section IV - Equipment

A. "Equipment" means an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of (a) the capitalization level established by the organization for the financial statement purposes, or (b) $5000.

B. Cost

C. Equipment Total $

of 55

Section V - Supplies

A. Consumables B. Cost

C. Supply Totals $

Section VI - Contractual

A. Contracts B. CostMaintenance Contracts

Professional Services (accounting, audit, etc)

Contracted Client Services

C. Contractual Total $

Section VII - Other

A. Other B. Cost

of 55

Section VII – Other (continued)

Travel costs for client services

Rent

Telephone

Liability Insurance

Property insurance

Postage

Publications and printing

Utilities:

Electricity

Gas

Water

Other C. Other Total $Section VIII – Average Cost for Successful PlacementEquation:

(Total Cost) – (Start up Costs) / Number of consumers successfully placed

$____________/Avg. cost per successful placement

of 55

(3) BUDGET JUSTIFICATION

Section I - Salary and Wages

Name Position Service provided and relation to objective

Section II – Fringe BenefitsCategories Proposal/Allocation

Section III – TravelTravel Relation to Contract Objectives

Section IV – EquipmentEquipment Relation to Contract Objectives

Section V – SuppliesSupplies Relation to Contract Objectives

Section VI – ContractualContracts Relation to Contract Objectives

Section VII - Other Other Relation to Contract Objectives

of 55

Travel for client services

Rental

Telephone

Property insurance

Postage


Utilities: Electricity Gas Water

Other

(4) OTHER FINANCIAL RESOURCES

Section I – Other sources of funding

A. Agency/Source of Funds B. Origin of Contribution C. Total

of 55

Section II - Donated Equipment/Materials/Facilities

A. Description of items donated

B. Usefulness to Contract Project

C. Date D. Fair Market Value

Total Donated Items

$

E. Appraisal attached (for donated facilities or equipment)

Yes___ No___ If No, attach explanation

of 55

ATTACHMENT CBUDGET (YEAR TWO)

For Budget Period 01/01/2011 To 12/31/2011

(1) BUDGET SUMMARY – YEAR TWO

Category Ongoing

1. Salary and wages

2. Fringe Benefits

3. Travel

4. Equipment

5. Supplies

6. Contractual

7. Other 8. Budget period totals $

(2) BUDGET DETAIL

Section I – Salary & Wages

A. Position/Name B. Annual Salary or Wages

C. Percent of Time on Contract

D. Computed Salary or Wages

E. Total Salary and Wages $

of 55

Section II - Fringe benefits

A. Categories B. Basis C. Rate D. Amount1. FICA ______%

2. FUTA ______%

3. Retirement

4. Insurance

5. Other: __________

__________

E. Total Fringe Benefits $

Section III - Travel

A. Description of Travel (for staff development only) B. CostAir Fare

Accommodations

Per Diem

Mileage

Other allowable incidental costs (identify: parking, rental cars, taxis, etc.)

C. Travel Total $

Section IV - Equipment

A. "Equipment" means an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of (a) the capitalization level established by the organization for the financial statement purposes, or (b) $5000.

B. Cost

C. Equipment Total $

of 55

Section V - Supplies

A. Consumables B. Cost

C. Supply Totals $

Section VI - Contractual

A. Contracts B. CostMaintenance Contracts

Professional Services (accounting, audit, etc)

Contracted Client Services

C. Contractual Total $

Section VII - Other

A. Other B. Cost

of 55

Section VII – Other (Continued)

Travel costs for client services

Rent

Telephone

Liability Insurance

Property insurance

Postage


Utilities:

Electricity

Gas

Water

Other C. Other Total $Section VIII – Average Cost for Successful PlacementEquation:

(Total Cost) – (Start up Costs) / Number of consumers successfully placed

$____________/Avg. cost per successful placement

of 55

(3) BUDGET JUSTIFICATION

Section I - Salary and Wages

Name Position Service provided and relation to objective

Section II – Fringe BenefitsCategories Proposal/Allocation

Section III – TravelTravel Relation to Contract Objectives

Section IV – EquipmentEquipment Relation to Contract Objectives

Section V – SuppliesSupplies Relation to Contract Objectives

Section VI – ContractualContracts Relation to Contract Objectives

Section VII - Other Other Relation to Contract Objectives

of 55

Travel for client services

Rental

Telephone

Property insurance

Postage


Utilities: Electricity Gas Water

Other

(4) OTHER FINANCIAL RESOURCES

Section I – Other sources of funding

A. Agency/Source of Funds B. Origin of Contribution C. Total

of 55

Section II - Donated Equipment/Materials/Facilities

A. Description of items donated

B. Usefulness to Contract Project

C. Date D. Fair Market Value

Total Donated Items

$

E. Appraisal attached (for donated facilities or equipment)

Yes___ No___ If No, attach explanation

of 55

ATTACHMENT DDARS UNIFORM TERMS AND CONDITIONS

1. The Contractor and any of its subcontractors associated with this agreement will remedy in a timely manner, any weaknesses, deficiencies or program noncompliance found as a result of a review, audit or investigation, and performance or fiscal exceptions found by DARS-DRS, the State Auditor's Office, federal funding agency, their successor agencies, or any of their duly authorized representatives. Such remedy can include refund of disallowed costs or billed amounts or any other appropriate sanctions or penalties deemed necessary by DARS-DRS.

2.

(a) Contractor agrees to comply with state and federal antidiscrimination laws, including without limitation:

(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.);

(2) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794);

(3) Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);

(4) Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107);

(5) Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688);

(6) Food Stamp Act of 1977 (7 U.S.C. §200 et seq.); and

(7) DARS-DRS administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement.

(b) Contractor agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service, or other benefits provided by federal or state funding, or otherwise be subjected to discrimination.

(c) Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the

of 55

participation of clients in its programs, benefits, or activities on the basis of national origin. Applicable state and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Contractor agrees to ensure that its policies do not have the effect of excluding or limiting the participation of persons in its programs, benefits, and activities on the basis of national origin. Contractor also agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities.

(d) Contractor agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not, in providing services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief.

(e) Upon request, Contractor will provide Health and Human Services Commission (HHSC) Civil Rights Office with copies of all of the Contractor’s civil rights policies and procedures.

(f) Contractor must notify HHSC’s Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than 10 calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to:

HHSC Civil Rights Office701 W. 51st Street, Mail Code W206Austin, Texas 78751

Phone Toll Free: 1-888-388-6332Phone: (512) 438-4313TTY Toll Free: 1-877-432-7232Fax: (512) 438-5885

3. The Contractor will comply with Texas Health and Safety Code Sections 85.113 and 85.115, relating to workplace and confidentiality guidelines regarding AIDS and HIV-related medical information.

4. The Contractor will comply with the requirements of the Immigration Reform and Control Act of 1986 (8 U.S.C. §1324a, et seq.) regarding employment

of 55

verification and retention of verification forms for any individuals hired after November 6, 1986, who will perform any labor or services under this contract.

5. If the Contractor is indebted to or owes delinquent taxes to the state, pursuant to §403.0551 of the Government Code, any payments owed to the Contractor under this contract will be applied toward elimination of the Contractor's indebtedness to the state, delinquency in payment of taxes to the state, or delinquency in payment of taxes that the comptroller administers or collects until the indebtedness or delinquency is paid in full.

6. If this is a contract for goods or services that equals or exceeds $25,000 or a contract or a subcontract in any amount, then the Contractor/contractee agrees as follows:

Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts

a) Neither the Contractor nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency or by the State of Texas.

b) The Contractor will include this certification titled Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts, without modification, in all covered subcontracts and solicitations for all covered subcontracts.

c) The Contractor will not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by DARS-DRS or other federal department or agency, as applicable.

d) A Contractor may rely upon a certification of a potential subcontractor that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the contractor knows that the certification is erroneous. A Contractor must, at a minimum, obtain certifications from its covered subcontractors upon each subcontract's initiation and upon each renewal.

e) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this certification document. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

f) Except for contracts authorized under paragraph 3 of these terms, if a Contractor in a covered contract knowingly enters into a covered subcontract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, DARS-DRS may pursue available remedies, including suspension and/or debarment.

of 55

g) The Contractor will provide immediate written notice to DARS-DRS if at any time the Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

h) Where the Contractor is unable to certify to any of the statements in this certification, the Contractor shall attach an explanation to this contract.

21. If this contract (including all subcontracts or subcontracts) equals or exceeds $100,000 the Contractor/contractee agrees as follows:

Certification Regarding Lobbying (Certification for Contracts, Contracts, Loans, and Cooperative Agreements)

a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal contract, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, contract, loan, or cooperative agreement.

b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, contract, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

c) The Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subcontracts, and contracts under contracts, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

22. Under Government Code, Sections 2155.006 and 2261.053, as applicable, the vendor or Contractor certifies that the individual or business entity named in this bid or contract is eligible to receive the specified contract and acknowledges that

of 55

this contract may be terminated and payment withheld if this certification is inaccurate.

23. DARS-DRS and the federal awarding agency reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal or State of Texas government purposes: 1. the copyright in any work developed under this contract, and 2. any rights of copyright to which the Contractor purchases ownership with contract support.

24. The Contractor represents and warrants that it will buy Texas products and materials for use in providing the goods or services authorized herein when such products and materials are available at a comparable price and in a comparable period of time when compared to non-Texas products and materials.

25. DARS-DRS may contract relief from performance of the contract if the contractor is prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the Contractor. The burden of proof for the need of such relief shall rest upon the Contractor. To obtain release based on force majeure, the Contractor shall file a written request with DARS-DRS.

26. Disputes and claims for breach of contract under this contract will be resolved under laws of the State of Texas, the Texas Government Code Chapter 2260 and DARS-DRS rules, policies, and procedures.

27. If any part of this contract is held unenforceable, the rest of the contract will remain in full force and effect.

28. Failure to enforce any provision of the contract does not constitute a waiver of that provision, or any other provision, of the contract.

29. If the Contractor fails to perform in accordance with the provisions of this contract, DARS-DRS may upon written notice to the Contractor, take adverse action against the Contractor, up to and including terminating the contract in whole or in part. If notice of termination is given, all work by Contractor shall cease on the effective date of the termination, and DARS-DRS will not pay for work performed following that date. Such termination shall not be an exclusive remedy but shall be in addition to any other rights and remedies provided by law or under this contract. Adverse action, including termination, may result from, but is not limited to:

a. violation of the terms of this contract;

b. any evidence of abuse, neglect, or exploitation of consumers receiving services from the Contractor as substantiated by an investigation conducted by the Contractor, an external regulatory agency, or DARS-DRS;

of 55

c. any time DARS-DRS has reason to believe that the health or safety of DARS-DRS consumers is compromised;

d. any change in ownership or change in control that DARS-DRS believes would adversely affect the delivery of services;

e. any real or apparent conflict of interest; f. any violation of state or federal law.

30. This contract may be terminated by mutual consent or by either party with 30 calendar days written notice.

31. Contractor will comply with Chapter 48, Human Resources Code, regarding reporting of abuse, exploitation or neglect of elderly or disabled persons.

of 55

ATTACHMENT ERegional Map

of 55

Region Counties Serviced

Region 1: High Plains

Armstrong, Bailey, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Crosby, Dallam, Deaf Smith, Dickens, Donley, Floyd, Garza, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Terry, Wheeler, Yoakum

Region 2: Northwest Texas

Archer, Baylor, Brown, Callahan, Clay, Coleman, Comanche, Cottle, Eastland, Fisher, Foard, Hardeman, Haskell, Jack, Jones, Kent, Knox, Mitchell, Montague, Nolan, Runnels, Scurry, Shackelford, Stonewall, Stephens, Taylor, Throckmorton, Wichita, Wilbarger, Young

Region 3: Metroplex

Collin, Cooke, Dallas, Dallas, Denton, Ellis, Erath, Fannin, Grayson, Hood, Hunt, Johnson, Kaufman, Navarro, Palo Pinto, Parker, Rockwall, Somervell, Tarrant, Wise

Region 4: Upper East Texas

Anderson, Bowie, Camp, Cass, Cherokee, Delta, Franklin, Gregg, Harrison, Henderson, Hopkins, Lamar, Marion, Morris, Panola, Rains, Red River, Rusk, Smith, Titus, Upshur, Van Zandt, Wood

Region 5: Southeast Texas

Angelina, Hardin, Houston, Jasper, Jefferson, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, Tyler

Region 6: Gulf Coast

Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Harris, Liberty, Matagorda, Montgomery, Walker, Waller, Wharton

Region 7: Central Texas

Bastrop, Bell, Blanco, Bosque, Brazos, Burleson, Burnet, Caldwell, Coryell, Falls, Fayette, Freest 1, Grimes, Hamilton, Hays, Hill, Lampasas, Lee, Leon, Limestone, Llano, Madison, McLennan, Milam, Mills, Robertson, San Saba, Travis, Washington, Williamson

Region 8: Upper South Texas

Atacosa, Bandera, Bexar, Calhoun, Comal, DeWitt, Dimmit, Edwards, Frio, Gillespie, Goliad, Gonzales, Guadalupe, Jackson, Karnes, Kendall, Kerr, Kinney, La Salle, Lavaca, Maverick, Medina, Real, Uvalde, Val Verde, Victoria, Wilson, Zavala

Region 9: West Texas

Andrews, Borden, Coke, Concho, Crane, Crockett, Dawson, Ector, Gaines, Glasscock, Howard, Irion, Kimble, Loving, Martin, Mason, McCulloch, Menard, Midland, Pecos, Reagan, Reeves, Schleicher, Sterling, Sutton, Terrell, Tom Green, Upton, Ward, Winkler

Region 10: Upper Rio Grande

Brewster, Culberson, El Paso, Hudspeth, Jeff Davis, Presidio

Region 11: Lower South Texas

Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kleberg, Live Oak, McMullen, Nueces, Refugio, San Patricio, Starr, Webb, Willacy, Zapata

of 55

ATTACHMENT F PROPOSAL EXECUTION

RFP NUMBER: 538-10-0005-0001

By signing below, Respondents affirms and agrees to the terms and conditions of this RFP including those found in the Uniform Terms and Conditions contained herein. Any exceptions to the Uniform Terms and Conditions must be noted as an attachment to your proposal.

CONTACT INFORMATION:

Respondent (Contact) Name:Respondent Company, if different:Street Address:City:State:ZIP:Telephone Number:Fax Number:Email Address:

Vendor Identification Number. Number assigned and used by the Texas Comptroller of Public Accounts. If this number (*) is not known, complete the following (**):

Vendor Identification Number *:Federal Employer’s ID Number **:Social Security Number **:

Authorized Signature:

Signature of official with authority to bind the company:Printed Name:Title:Date:

of 55

ATTACHMENT G PROPOSAL CHECKLIST

1. Five (5) 3-ring binders, organized as stated in Section 3. Proposal Contents and Organization of this RFP, and including the following:

a. Completed and signed Proposal Executionb. Tab A - Completed Attachment A and requested documentation, if applicablec. Tab B - Completed Attachment B and requested documentation, if applicabled. Tab C - Completed Attachment C and requested documentation, if applicablee. Tab D – Financial Capacity Information (Refer to Section 4.23)f. Tab D - DARS 1305, Child Support Certificationg. Tab D - Certifications Formh. Tab D - Respondent Information and Disclosures

of 55

request for proposal document

Technology

proposal requirements

proposal evaluation

darsdrs responsibilities

darsdrs amendments

withdrawal of proposal

proposal contents

darsdrs uniform terms

disabilities rfp