REVISED ETCOG TELECOMMUNICATION AUDIT SERVICES … · 4 | Page RFP# CG-ETAS18R ETCOG...

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1 | Page RFP# CG-ETAS18R ETCOG Telecommunication Audit Services 2018 RFP East Texas Council of Governments 3800 Stone Rd. Kilgore, TX 75662 REQUEST FOR PROPOSAL: RFP# CG-ETAS18R REVISED ETCOG TELECOMMUNICATION AUDIT SERVICES 2018 RFP (REVISED 6-8-18) Due Date: July 17, 2018 (revised) Time Due: 11:00 A.M. CDT David A. Cleveland, Executive Director

Transcript of REVISED ETCOG TELECOMMUNICATION AUDIT SERVICES … · 4 | Page RFP# CG-ETAS18R ETCOG...

1 | Page RFP# CG-ETAS18R ETCOG Telecommunication Audit Services 2018 RFP

East Texas Council of Governments 3800 Stone Rd. Kilgore, TX 75662

REQUEST FOR PROPOSAL: RFP# CG-ETAS18R

REVISED ETCOG TELECOMMUNICATION AUDIT SERVICES 2018 RFP

(REVISED 6-8-18)

Due Date: July 17, 2018 (revised) Time Due: 11:00 A.M. CDT

David A. Cleveland, Executive Director

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BID ACKNOWLEDGEMENT FORM

(Please Complete & Return)

Request for Proposal: ETCOG Telecommunication Audit Services 2018 RFP Please fill-out and email this page to: [email protected] upon receipt of this bid invitation, or mail to: ETCOG, Attn: Patricia Hudspeth, CTPM, Procurement Services Dept., 3800 Stone Road, Kilgore, Texas 75662. Please check one:

Yes, I will be able to submit a bid proposal based on the bid document received by: Email Online/Website No, I will not be able to participate in this bid process for the following reason(s): However, please keep me active to receive future bidding opportunities.

Yes, the RFP proposal will contain proprietary information.

No, the RFP proposal will not contain proprietary information. PROPOSER INFORMATION: Date: Company: Name: Address: City: State: Zip: Phone: Fax: Email:

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TABLE OF CONTENTS

BID ACKNOWLEDGEMENT FORM……………………………………………………………………….………….... 2

INTRODUCTION………………………………………………………………………………………………………………… 4

I. GENERAL INFORMATION………………………………………………………………………………….…………. 4

Purpose………………………………………………………………………………………………………………………… 4 Term and Payment ……………………………………………………………………………………………............ 4 Who May Respond?...........................................................................................................4

II. BID TIMELINE SCHEDULE (revised) ................................................................................ ... 4

III. SUBMISSION INFORMATION……………………………………………………………………………………… .. 5

Submission Instructions…………………………………………………………………………………………… ..... 5 BID Retrieval………………………………………………………………………………………………… ................. 5 Questions/Responses ......................................................................................................... 6 Sealed Proposal Process ..................................................................................................... 6 HUB Best Practices ............................................................................................................. 7

IV. PROPOSAL FORMAT INSTRUCTIONS .............................................................................. 7

V. PROPOSAL OPENING ........................................................................................................ 8

VI. SCOPE of WORK/PROJECT ................................................................................................. 9 Project Overview.............................................................................................................. . 9 Proposer Requirements..................................................................................................... 9 Work Plan.......................................................................................................................... 9 Fee Structure.................................................................................................................... . 10

VIII. EVALUATION AND AWARD ....................................................................................... 10

Proposal Evaluation ..................................................................................................... 10 Evaluation Criterion Chart ........................................................................................... 10 Award Terms................................................................................................................ 10 Award Notification ...................................................................................................... 11 Appeals....................................................................................................................... 11

XI. ETCOG GENERAL PROVISIONS………………………………………………………………………………. 12

XII. ESSENTIAL CLAUSES AND CERTIFICATIONS .................................................................. ... 13

XII. SIGNATURE PAGE .......................................................................................................... ... 17 ATTACHMENTS Attachment A – References................................................................................................... 18 Attachment B – Conflict of Interest Form (CIQ)……………………………………………...................... 19 Attachment C – ETCOG Customer Service Creed................................................................... 20

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INTRODUCTION East Texas Council of Governments (ETCOG) - was organized under state law for the purpose of orderly planning and development of the East Texas Region. Currently ETCOG serves a 14-county area including Anderson, Camp, Cherokee, Gregg, Harrison, Henderson, Marion, Panola, Rains, Rusk, Smith, Upshur, Van Zandt and Wood Counties and its member Governments are comprised of counties, cities, school districts and special purpose districts. ETCOG assists local governments in planning for common needs, cooperating for mutual benefit and coordinating sound regional development. Either directly or through contractors, ETCOG provides programs and services for East Texas seniors, employers and job seekers. ETCOG also builds the 9-1-1 emergency call delivery system, provides peace officer training, homeland security planning, rural transportation services, business finance programs, grant writing services and environmental grant funding for the region.

SECTION I. GENERAL INFORMATION PURPOSE: The East Texas Council of Governments is seeking Telecommunications Audit Services to include voice, data, local telecom equipment and wireless invoices for all locations. TERM AND PAYMENT: The term of proposal is for one (1) initial year with three (3) additional one-year options. Payment is to be negotiated with the successful Proposer until an agreement by both parties is reached. Invoicing is Net 30 upon receipt of invoice to [email protected]. (subject to change, if warranted) WHO MAY RESPOND? Proposers may be governmental units, public agencies, private businesses, public or not for profit corporations organized in accordance with state and federal laws. The Successful Proposer, if any, will be solely selected by the judgement of ETCOG.

SECTION II. BID TIMELINE SCHEDULE (All dates are subject to change) (Revised-highlighted in yellow)

BID Advertisement/BID Release Friday, May 25, 2018 Deadline for Submission of Questions Wednesday May 30, 2018 (5:00 P.M. CDT) Response to Questions Posted Tuesday, July 3, 2018 BID Submissions Due/Bid Opening Tuesday, July 17, 2018 (11:00 A.M.) Team Briefing/Evaluation Wednesday July 18, 2018 Award Recommendation Monday, July 30, 2018 ETCOG Executive Committee Thursday, August 7, 2018

PRE-BID CONFERENCE: No Pre-Bid conference will be held.

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SECTION III. SUBMISSION INFORMATION SUBMISSION INSTRUCTIONS:

1. Proposers shall submit one (1) original hardcopy of the bid proposal marked ‘Original’, along with five (5) copies marked ‘Copy’, and must include one (1) USB thumb drive with all contents of the submitted bid proposal on the thumb drive. Email and facsimile submissions are not allowed and will not be accepted.

2. Pages should be numbered and contain an organized, paginated table of contents corresponding to the

section and pages of the proposal. At least an eleven (11pt) point font of Calibri, Ariel, or Times New Roman is acceptable and must be legible.

3. Bid submissions must clearly identify/indicate vendor name, bid number, and due date/time on the outermost return envelope/packaging, (see example below), and be submitted and received by the Bid Opening date/time, regardless if by mail, courier/delivery services, or hand delivered, at:

East Texas Council of Governments (ETCOG) Attn: Trish Hudspeth, CTPM ETCOG Procurement & Facilities Office 3800 Stone Road, Kilgore, TX 75662

4. It is the Proposer’s sole responsibility to prepare, submit, and deliver or arrange delivery of the bid proposal(s), with all required exhibits and materials, to the designated location on or before the published submittal deadline.

5. ETCOG will not bear liability for any costs incurred in the preparation and submission of bid proposals in response to this bid invitation.

6. The bid submission deadline time will be determined by the ETCOG lobby clock.

7. Courier or delivery services may not deliver directly to the specified location; therefore, it is strongly recommended:

• Proposers must allow sufficient time for delivery of bid proposal prior to the published deadline to the location specified in Section III. Submission Information, item 3, above.

• Proposers understand that failure to submit a bid proposal by the designated deadline, for whatever reason, may not be grounds for disputing the procurement solicitation process or any resulting subaward.

8. It is the Proposer’s sole responsibility to ensure any addenda or additional materials pertinent to their bid proposal be included in or with their bid submission. ETCOG will not be held liable for missing addenda or materials at the time of the Bid Opening, and said addenda or additional materials will not be accepted past the Bid submission deadline date and time.

BID RETRIEVAL: The bid document, and related attachments, updates, and amendments will be posted online and may be retrieved from the ETCOG website at http://www.etcog.org/procuremens. In addition, Proposers may request a bid packet by email request to Trish Hudspeth at [email protected].

Write: Company Name, RFP# CG-ETAS18R, June 18, 2018, 11:00 AM in bottom left-hand corner of the

outermost Return Envelope/Package

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QUESTIONS/RESPONSES:

QUESTIONS: As referenced in Section II., RFP Timeline Schedule, p. 5, Proposer questions are due by May 30, 2018. Proposer questions, requests and/or inquiries for additional information regarding this RFP process must be emailed to Trish Hudspeth at: [email protected]. Verbal communications for RFP clarification are not allowed and will not be addressed, no exceptions. Failure to follow this directive may disqualify proposal at the discretion of either ETCOG. RESPONSES: Proposers must go online at http://www.etcog.org/procuremens, no earlier than June 4, 2018 and click on ‘ETCOG Telecommunication Audit Services 2018 RFP’ to retrieve responses to all questions submitted by potential proposers.

Please Note: Proposers who email questions will not receive a personal response to their question(s), but must retrieve question responses online, as directed above, to benefit all potential Proposers. Therefore, it is the sole responsibility of Proposers to review the ETCOG website periodically for responses to bid questions, bid amendments and/or updates.

SEALED PROPOSAL PROCESS: Upon issuance of this RFP, other than written communication as described above, other employees and representatives of ETCOG will not answer questions or otherwise discuss the contents of the RFP with any potential Proposer or their representatives. Failure to observe this restriction may result in disqualification of potential Proposer. However, this restriction does not prohibit discussions between affected parties for conducting business unrelated to this proposal.

Furthermore, ETCOG reserves the right to a closed RFP process for proposal review/analysis and award recommendation procedures to the best interest and best benefit to ETCOG, and programs served, as well as, to ensure the best competitive environment for all parties, and in accordance to Texas Local Government Code:

Sec. 252.049. CONFIDENTIALITY OF INFORMATION IN BIDS OR PROPOSALS. (a) Trade secrets and confidential information in competitive sealed bids are not open for public inspection. (b) If provided in a request for proposals, proposals shall be opened in a manner that avoids disclosure of the contents to competing Proposers and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for public inspection.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. In addition, and in accordance to Government Code, Chapter 552. Public Information:

Sec. 552.104. EXCEPTION: INFORMATION RELATED TO COMPETITION OR BIDDING. (a) Information is excerpted from the requirements of Section 552.021 if it is information that, if released, would give advantage to a competitor or bidder. (b) The requirement of Section 552.022 that a category of information listed under Section 552.022(a) is public information and not excepted from required disclosure under this chapter unless expressly confidential under law does not apply to information that is excepted from required disclosure under this section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1272, Sec. 7.01, eff. June 15, 2001.

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HUB BEST PRACTICES: ETCOG shall comply with Historically Underutilized Business (HUB) programs to ensure small, disadvantaged, minority, and women owned businesses are considered as sources for acquisitions whenever possible by:

• choosing the HUB organization in the case of tie bids;

• soliciting these businesses whenever they are potential sources;

• when economically feasible, dividing total desired services into smaller components to permit maximum participation by these businesses;

• if the requirement permits, establishing delivery schedules that will encourage small, disadvantaged, minority, and women’s businesses to participate; and

• using the services and assistance of the Small Business Administration or the Minority Business Development Agency, as needed.

Proposer is encouraged to make a good faith effort to consider HUBs when subcontracting. Some methods for locating HUBs include:

• utilizing the Texas Comptroller of Public Accounts website, http://www.window.state.tx.us/ procurement/cmbl/cmblhub.html;

• utilizing Web sites or other small, disadvantaged, minority, and women owned business directory listings maintained by local Chambers of Commerce;

• advertising subcontract work in local minority publications; and/or contacting the contracting state agency for assistance in locating available HUB listings.

Definitions A Historically Underutilized Business (HUB) is defined as a business that is formed for making a profit and is otherwise a legally recognized business organization under the laws of the state of Texas. At least 51% of the assets and interest and/or classes of stock and equitable securities must be owned by one or more economically disadvantaged persons who are United States citizens born or naturalized. The following are recognized by the State of Texas as having been economically disadvantaged because of their identification as members of the qualifying groups - Asian Pacific Americans (AS), Black Americans (BL), Hispanic Americans (HI), Native Americans (NA), and American Women (WO). These individuals must demonstrate active participation in the control, operation, and management of the daily business affairs of the company that is proportionate to their ownership interest. HUB businesses must have a permanent business office located in Texas where the majority HUB owner(s) makes the decisions, controls the daily operations of the organization, and participates in the business. Owners must be residents of the state of Texas and meet all other certification and compliance requirements. Out-of-state businesses are ineligible for state certification. Subcontract means a subaward entered between a prime subrecipient and a third party. The subcontract expressly provides all or a portion of the work specified in the prime subaward. A prime subrecipient's purchase of ancillary goods and services that support the direct provision of the subaward are excluded. Each HHS agency, at its option, specifies in the subaward what is and is not ancillary.

SECTION IV: PROPOSAL FORMAT INSTRUCTIONS ETCOG aspires to achieve as uniform a review process as possible to ensure the maximum degree of comparability among proposals. Therefore, before submitting a proposal, make sure all listed items indicated below are returned with submitted proposals and organized in the manner specified below:

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➢ Title or Cover Page - List the 1) RFP name, 2) the name of the proposer's firm, 3) local address, 4) telephone number, 5) fax number, 6) contact name, 7) email address, and 8) date.

➢ Table of Contents - Clearly identify the material by section and page number. ➢ Letter of Transmittal - Limit to one or two pages.

1. Provide a company profile noting company background and years of experience for services being sought through this RFP.

2. Briefly state the proposer's understanding of the service to be provided and make a positive commitment to perform the work in a timely manner.

3. Give the names of the persons who will be authorized to make representations for the proposer, their titles, addresses, fax numbers, email addresses, and telephone numbers.

➢ Proposal Required Items to Return 1. Work Plan and Fee Structure (p. 9) 2. Attachment A – References 3. Attachment B – Conflict of Interest Form (CIQ) 4. All RFP pages requiring signatures/initials

Note: Failure to return any items as requested above and throughout the RFP document may result in a bid proposal being disqualified. However, ETCOG will address any non-material ‘omissions and errors’ issues discovered before and/or after bid opening, and will make the determination of acceptance and/or rejection, in the best interest of ETCOG programs and clients served.

SECTION V. PROPOSAL OPENING Proposals will be received until the deadline date and time designated for receipt. Public attendance is allowed. However, RFP procedure will be adhered to in accordance with non-disclosure mandates. Submitted proposals shall be opened in a manner to not disclose the contents before a subaward is awarded. Only the names of the respondents who submitted proposals will be made public. Prices and terms will not be divulged until after an award has been finalized. ETCOG considers all information, documentation and other related submission materials to be confidential and/or proprietary before an award has received final approval.

• Telephone, email, and facsimile proposals are not acceptable in response to this RFP.

• All submitted proposals and contents become the property of ETCOG after the RFP submittal deadline/opening date.

• Responses submitted shall constitute an offer for a period of ninety (90) calendar days or until a preferred selection for award is approved by the ETCOG and/or governing body, whichever comes first.

• All programs and employers under the auspices of ETCOG must be EEO compliant; and auxiliary aids and services are available, upon request, to individuals with disabilities.

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SECTION VI. SCOPE OF WORK (SOW) PROJECT OVERVIEW ETCOG is seeking Telecommunications Audit Services to include but not limited to voice, data, local telecom equipment and wireless invoices for all locations. ETCOG’s objective for the use of telecommunications audit services is to leverage an independent telecommunications firm’s significant communications auditing experience to obtain the following:

1. Identify billing errors

2. Obtain refunds/credits

3. Identify all accounts of service at each location

4. Check usage to see if service is in use

5. Identify opportunities for future savings

The audit of telecom-related expenditures should be completed within 3 months after signing of the contract with ETCOG. The selected proposer will have up to an additional 6 months to secure reimbursement from companies for over-billings discovered. Known and existing issues will be disclosed to the successful proposer prior to the start work and will be excluded from service. PROPOSER REQUIREMENTS

A Qualified Respondent must provide the following to be considered:

1. Number of years’ experience

2. Provide information on successful telecom audits including party and dollars saved and or recouped.

3. Provide a minimum of three references from municipalities or other governmental or quasi-governmental entities for which you have provided grant writing services. Include the name of the organization, brief description of the project, name of contact person and daytime phone number.

4. Indicate where related services will be conducted and time and travel expenditures.

5. Identify individuals who will be assigned to work with ETCOG. Provide their background, experience and past success.

WORK PLAN Provide a detailed description of how your organization will perform the following:

1. Identification of service accounts at locations

2. Verify existence, usage and need of accounts

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3. Assessment and identification of billing errors

4. Process for obtaining refunds

5. Identify opportunities for future savings

6. Detailed time frame of process (1 through 5) FEE STRUCTURE Detail the basis for compensation for services. You must provide a detailed price break down including ‘per hour’ rate, travel, Senior Staff, Professional Staff, Clerical Staff and Overhead. Payment terms will be negotiated after selection, based upon qualifications.

SECTION VII. EVALUATION AND AWARD

PROPOSAL EVALUATION – Proposals will be evaluated using a predetermined point ranking method to

ascertain which proposers best meet the needs of ETCOG interests and responsibilities.

NOTE: A composite grade will be given for the above criteria of 0-100. The ratings will be based on the qualifications provided in the proposal by the closing date/time of the RFP.

AWARD TERMS

• Proposals will be reviewed for responsiveness and will be numerically rated by an evaluation team made up of staff, outside evaluators, committee members, and/or other subject matter experts as deemed necessary to achieve best possible results.

• ETCOG reserves the right to schedule interviews with selected prospective proposer(s) as soon as possible after the proposal opening to permit further evaluation and to allow ETCOG to inquire further into the proposer’s experience, willingness to work closely with ETCOG staff and to gain a thorough understanding of other pertinent matters.

• ETCOG reserves the right to request additional information or clarifications from proposers or to allow corrections of non-material ‘errors or omissions’.

• ETCOG may select more than one proposer to perform the services. In case of a tie a HUB, Proposer will be selected. NOTE: It is the Proposer’s sole responsibility to thoroughly read and provide all required and requested information as addressed in the RFP document and not that of ETCOG.

EVALUATION CRITERION POINTS

Demonstrated Competence & Knowledge (35 pts)

Qualifications and Experience (30 pts)

Cost Reasonable of Proposed Fee for Services (15 pts)

References (20 pts)

Total 100

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AWARD NOTIFICATION

• It is expected a decision on the recommendation or the selection of the successful Proposer will be contingent upon final governing body approval, on Thursday, August 2, 2018. (all dates subject to change)

• Notification of award results will be provided to all Proposers who submitted bid proposals.

• In the event, negotiations with the Successful Proposer fail, then negotiations will commence with the next best qualified Proposer, and so on, until successful negotiations have been achieved.

APPEALS Proposals not selected for funding may be appealed only with respect to any fault or violation of law or regulation regarding the review process. Pursuant to protocol to advise of the right to appeal, a protest must be submitted to ETCOG’s Executive Director within ten (10) calendar days of the time the basis of the protest became known and said protest(s) limited to:

1. violations of federal law or regulations; 2. violations of State or local law under the jurisdiction of State or local authorities; and 3. violations of ETCOG’s protest procedures for failing to review a complaint or protest.

The protest must be submitted in writing and must identify:

1. the protestor; 2. the solicitation being protested; and 3. specifically identify the basis for the protest, providing all pertinent information regarding the

solicitation, contract and/or actions of ETCOG. An informal grievance hearing may be held at the request of the protestor. All interested parties must be given written notice of the date, time and place of the hearing and an opportunity to present evidence. The Executive Director will act as Hearing Officer and will meet with the protesting party to discuss their concerns and grounds for the protest. The hearing shall be audio recorded for record keeping. A written decision and notice of appeal rights will be provided to the protestor via certified return receipt mail and all other interested parties within three (3) days after the hearing. Should the protester not be satisfied with the results of the hearing, he/she should notify the Hearing Officer in writing within five (5) calendar days of the informal hearing. The Hearing Officer shall respond to the protester in writing via certified return receipt mail informing them of the date, time and place of a formal hearing. The formal hearing shall take place within fifteen (15) days of the date of the request for formal hearing. The Formal Hearing Committee, comprised of Executive Committee or Workforce Board members, shall make final determination of the appeal. Final recommendation by the Committee or Board is to be made no more than sixty (60) days from the date of the formal hearing request. A written decision shall be submitted to the protester via certified return receipt mail.

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SECTION VIII. ETCOG GENERAL PROVISIONS

A. ETCOG reserves the right for any contract or service agreement resulting from the RFP to be contingent upon the continued availability of funding.

B. A response to this RFP does not commit or obligate ETCOG to award a contract nor to pay for any other costs incurred prior to the execution of a formal contract.

C. ETCOG reserves the right to cancel this RFP in part or in its entirety with no explanation required;

and, also reserves the right if only one proposal is received to accept, reject, re-solicit, and/or extend the RFP by up to two (2) additional weeks from original bid submission date if deemed warranted.

D. ETCOG reserves the right to accept, reject or negotiate proposals received; and, to select the proposal it considers in its best interest based upon the requirements and descriptions outlined in this RFP; as well as, to vary or waive any provisions set forth in this RFP in the best interests of ETCOG and programs served.

E. ETCOG reserves the right to require oral presentations by any or all firms. However, ETCOG may make a contract award without oral presentation and or discussion with firms after RFP responses are received by ETCOG. Therefore, RFP responses should be submitted on the most favorable terms.

F. ETCOG reserves the right to request additional information and/or meet with representatives from responding Proposers to discuss submitted proposal, before and after RFP submission, all of which may be used in forming a recommendation for award and/or negotiation of a contractual agreement.

G. ETCOG reserves the right to contact any individual, agency, or employer listed in a Proposer submission, and any others who may have experience and/or knowledge of the potential proposer’s relevant performance/qualifications. ETCOG also reserves the right to negotiate the final terms of any agreement or contract with the proposer.

H. ETCOG reserves the right to make such additional investigations, as it deems necessary to establish the competence and financial stability of any potential proposer submitting a proposal.

I. ETCOG reserves the right to hold proposals for 90 days from submission without action.

J. ETCOG reserves the right to extend beyond the original 90-day period prior to an award if agreed

upon in writing by both parties.

K. ETCOG reserves the right to negotiate the final terms of any potential agreement or contract because of this RFP, to include but not limited to, the inclusion of the RFP and submitted proposal, and any essential clauses or certifications in this RFP. Proposal must have original signature of the person having the authority to bind the organization to a contract or it may be rejected for non-compliance.

L. If the execution of work to be performed by the Proposer requires hiring of subcontractors, it must clearly state this in the proposal. Subcontractors must be identified and the work they will perform must be defined. The proposal should provide the name, address, and Federal Employer Identification Number (FEIN) of the subcontractor. ETCOG will not refuse a proposal based upon the use of sub-contractors; however, retains the right to refuse the subcontractors the proposer selected.

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M. Proposers who are partnering with other companies or agencies must list the names of all service providers or joint providers and the amount to be spent by each partner. All subawarded costs must be itemized in the budget so it is clear how the funds will be allocated and spent by each partner. Subawards may be written independently with each of the organizations.

N. If proposer seeks to form a legal joint venture using a corporate identity for the partnership, ETCOG will require the individual’s corporate partners to accept liability for funds.

O. ETCOG reserves the right to claim ownership of any proposal submitted in response to this RFP to be the property of ETCOG, and is not obligated to return proposal responses, binders or exhibits to Proposers. Proposer should not include proprietary information or trade secrets. Information submitted may be subject to disclosure under the Texas Open Records Act, it will be the responsibility of the Proposer to seek an exemption from disclosure and file any necessary documents with the Attorney General.

P. Conflict of interest is a serious issue. Proposers may not hire ETCOG management or support staff that

were involved in the evaluation and/or selection process under this proposal. Proposers must sign and submit the Conflict of Interest Form (CIQ). (Attachment B).

Q. All ETCOG programs and employers must comply with EEO. Auxiliary aids/services available, upon request.

SECTION IX. ESSENTIAL CLAUSES & CERTIFICATIONS The following forms must be completed, signed, and included with Proposer’s RFP and Proposer must also be in full agreement and compliance of general essential clauses. Failure to return any pages requiring Proposer signature may cause proposal to be null and void.

Equal Opportunity ETCOG is an equal opportunity employer. All programs under the auspices of the ETCOG are equal opportunity entities. Auxiliary aids and services are available upon request to individuals with disabilities. Equal Opportunity Employer/Program Deaf, hard of hearing or speech impaired customers may contact Relay Texas: 800-735-2989 (TD) and 711 (Voice). Contractor represents and warrants that it shall not discriminate against any person on the basis of race, color, national origin, creed, religion, political belief, sex, sexual orientation, age, and disability in the performance of this contract. Funding Out Funding is contingent upon the continued availability of funds as appropriated by state and/or federal sources. If funds become unavailable through lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, CONTRACTOR will not hold liable ETCOG for payment or damages other than payment owed to CONTRACTOR for service already provided at the time of said notice. Liability for Property Damage Successful Proposer shall be liable for all damages to ETCOG owned, leased, or occupied property and equipment caused by Proposer and its employees, agents, subcontractors, and suppliers, including delivery or cartage company, in connection with any performance pursuant to a contract as a result of

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this RFP. The Proposer shall notify ETCOG Contract Manager in writing of any such damage within one (1) calendar day. Limitation on Authority; No Other Obligations Successful Proposer shall have no authority to act for or on behalf of ETCOG except as expressly provided for in a contract or agreement resulting from this RFP; no other authority, power, or use is granted or implied. Successful Proposer may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of ETCOG. Liability for Taxes Successful Proposer represents and warrants that it shall pay all taxes or similar amounts from any contract or agreement resulting from this RFP, including, but not limited to, any federal, State, or local income, sales, or excise taxes of successful Proposer or its employees. ETCOG shall not be held liable for any taxes resulting from the Successful Proposer executing the performance of any contract or agreement.

Abandonment or Default If the successful Proposer defaults on a contract resulting from this RFP, ETCOG reserves the right to cancel the contract without notice and either re-solicit or re-award the contract to the next best responsive and responsible respondent. The defaulting Proposer will not be considered in the re- solicitation and may not be considered in future solicitations for the same type of work, unless the specifications or scope of work significantly changed. The period of suspension will be determined by the agency based on the seriousness of the default.

Change Management The Successful Proposer agrees that key personnel assigned to any contract and/or service agreement resulting from this RFP shall remain available for the entirety of the project throughout the term of the Contract for the duration of said staff is employed by the Proposer. Furthermore, it is understood any resulting contract or agreement resulting from this RFP will contain the following language: “Should there be a change in ownership or company management, the contract shall be canceled unless an agreement is reached with the new owner or new manager to continue the contract with its present provisions and pricing. This contract is non-transferable by either party.” Antitrust Neither Proposer nor firm, corporation, partnership, or institution represented by Proposer or anyone acting for such firm, corporation, or institution has (1) violated the antitrust laws of the State of Texas under Texas Business & Commerce Code, Chapter 15, or the federal antitrust laws; or (2) communicated the contents of this Proposal either directly or indirectly to any competitor or any other person engaged in the same line of business during the procurement process for this RFP. Conflict of Interest Questionnaire (CIQ) (Attachment B) Chapter 176 of the Texas Local Government Code requires vendors and consultants contracting or seeking to contract with ETCOG to file a conflict of interest questionnaire (CIQ) if they have an employment or other business relationship with an officer of ETCOG or ETCOG or an officer's close family member. The CIQ must be completed and filed with the proposal response if an employment or business relationship defined in the law exists.

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Buy Texas In accordance with Texas Government Code, Section 2155.4441, the State of Texas requires that during the performance of a contract for services, Contractor shall purchase products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the state. Texas Sales and Use Tax Pursuant to § 2155.004, Government Code, a state agency may not accept a bid or award a grant to any individual not residing in this state or business entity not incorporated in or whose principal domicile is not in this state unless: the individual or business entity holds a permit issued by the comptroller to collect or remit all state and local sales and use taxes that become due and owing as a result of the individual's or entity's business in this state or certifies that it does not sell tangible personal property or services that are subject to the state and local sales and use tax. The undersigned authorized representative of the business entity being awarded a grant herein certifies that it (indicate the statement that applies to your business entity): holds a permit issued by the comptroller to collect or remit all state and local sales and use taxes that become due and owing as a result of the individual's or entity's business in this state; or does not sell tangible personal property or services that are subject to the state and local sales and use tax. Force Majeure Neither Proposer nor ETCOG shall be liable to the other for any delay in, or failure of performance, of any requirement included in a contract resulting from this RFP caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within three (3) business of the existence of such force majeure, or otherwise waive this right as a defense.

Texas Corporate Franchise Taxes Pursuant to Article 2.45, Texas Business Corporation Act, State agencies may not award grants to for-profit corporations that are delinquent in making state franchise tax payments. The undersigned certifies the certification marked below applies to its business entity:

The entity is a non-profit corporation or is otherwise not subject to payment of franchise taxes to the State of Texas. The entity is a for-profit corporation and certifies that it is not delinquent in its franchise tax payments to the State of Texas.

Lobbying This certification is required by the Federal Regulations, implementing Section 1352 of the Program Fraud and Civil Remedies Act, Title 31 U.S. Code, for the Department of Agriculture (7 CFR Part 3018), Department of Labor (29 CFR Part 93), Department of Education (34 CFR Part 82), Department of Health and Human Services (45 CFR Part 93).

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The undersigned certifies that:

(1) 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 Congress, or an employee of a Member of Congress in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, the extension, continuation, renewal, amendment, or modification of any federal grant award, grant, loan or cooperative agreement.

(2) 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, and officer or employee of Congress, or an employee of a Member of Congress in connection with this federal grant award, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subgrant awards, subgrants, and grant awards under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

Debarment, Suspension, and Other Responsibility Matters This certification is required by the Federal Regulations, implementing Executive Order 12549, Government- wide Debarment and Suspension, for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Part 85), Department of Health and Human Services (45 CFR Part 76). The undersigned certifies that neither it nor its principals: (1) Are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily

excluded from participation in this transaction by any federal department or Agency.

(2) Have not within a three-year period preceding this grant award been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or grant award under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in Paragraph (2) of this certification; and,

(4) Have not within a three-year period preceding this grant award had one or more public transactions terminated for cause or default

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SECTION X. SIGNATURE PAGE Acknowledgement of Essential Clauses and Certifications – The Essential Clauses and Certifications are a material representation of fact upon which reliance is placed when entering into any contract or agreement resulting from this RFP. The return of these required documents signed with original signatures by an authorized representative of Proposer are prerequisites for finalizing the award and must be returned with the proposal. Failure to do so may deem a proposal null and void, at the sole discretion of ETCOG and programs served. Where the undersigned Proposer is unable to certify to any of the statements above, a valid and just explanation must be attached or proposal will be rejected.

Affirmation of ETCOG Essential Clauses and Certifications - The undersigned certifies the indicated statements and essential clauses are true and correct and further understands that making a false statement and/or proclamation of compliance is a material breach of any subsequent award or service agreement and is grounds for award cancellation.

PROPOSER SIGNATURE The undersigned hereby certifies and warrants that he/she has been fully authorized to execute this proposal on behalf of their firm and to legally bind the firm to all the terms, performances, and provisions as herein set forth.

Signature Date

Typed Name and Title of Authorized Representative

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ATTACHMENT A

REFERENCES

Reference One:

Government/Organization Name:

Address:

Contact Person/Title:

Phone: Email:

Scope of Work Performed:

Contract Period:

Reference Two:

Government/Organization Name:

Address:

Contact Person/Title:

Phone: Email:

Scope of Work Performed:

Contract Period:

Reference Three:

Government/Organization Name:

Address:

Contact Person/Title:

Phone: Email:

Scope of Work Performed:

Contract Period:

Must provide at least three (3) clients that have had active projects within the last two (2) years, other than ETCOG, who can verify performance as a vendor/service provider/contractor. References from similar firms for whom your organization has provided similar or like services specific to RFP requirements is a plus. NOTE: Inaccurate, obsolete, or negative responses may result in rejection of bid submission.

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ATTACHMENT B

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ATTACHMENT C