State of Texas. Texas Department of Insurance P.O. Box Austin, Texas REQUEST FOR PROPOSALS

Transcription

1 State of Texas Texas Department of Insurance P.O. Box Austin, Texas REQUEST FOR PROPOSALS INSTRUCTIONAL DESIGN DEVELOPMENT SERVICES FOR THE DESIGNATED DOCTOR CERTIFICATION PROGRAM RFP: # NIGP CLASS/ITEM CODE(S): and Posting Date: April 1, 2016 Deadline for Submission: April 22, 2016 at 3:00 PM Central Time in Austin, Texas **NOTE** Any addenda to this RFP control over the original version. It is the responsibility of all prospective Respondents to check the Electronic State Business Daily during the posting period for this RFP, for all addenda that may be posted.

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3 Page 3 of 82 TABLE OF CONTENTS Page No. DEFINITIONS 9 PART I. GENERAL INFORMATION 1.1 Introduction and Scope Purchasing Authority Background Minimum Qualifications for Respondents Contract Term Renewal Options Texas State Agency Holiday Schedule and TDI Official Business Hours Protest Procedure 13 PART II. STATEMENT OF WORK 2.1 General Overview Tasks and Deliverables Respondent Responsibility for Performance and Continuity of Deliverables Project Management Coordination and Communication with TDI-DWC Work Product Acceptance and Payment Ownership and Confidentiality Respondent Pricing 16 PART III. GENERAL PROPOSAL INFORMATION AND MANDATORY RESPONSE REQUIREMENTS 3.1 Schedule of Events Revisions to Schedule Historically Underutilized Businesses (HUBs) Requirements HUB Subcontracting Plan Probable HUB Subcontracting Opportunities Proposal Instructions Respondent Documents Submittal of Written Questions Questions and RFP Point of Contact Addenda to RFP 20

4 3.4.5 Delivery of Proposals Proposal Deadline Proposal Submittal Public Information Act Disclosures Accuracy of the Proposal and Cost of Submitting the Proposal Exception to Provisions Responsive Information Legible Responses Authority to Bind Contract Proposal Format and Responsive Documents Organization of Proposal Title Page Table of Contents Executive Summary Background Proposal Elements References Texas Child Support Requirement for Names and Social Security 27 Numbers General Respondent Information and Disclosures Actual or Potential Conflicts of Interest Changes in Ownership Conditions Legal Actions Change in Ownership and Restrictions on Pending Reviews Relatives/Employees, Definition of Employee TDI Contact(s) Following Award Reservation of Rights Proposal Submission Checklist and Required Responsive Documents Proposal Submission Checklist Proposal Evaluation and Contract Award Evaluation Criteria RFP Review Process Review of Proposals for Minimum Requirements Compliance Review and Initial Evaluation by the Evaluation Committee 31 Texas Department of Insurance Page 4 of 82

5 Best Value Consideration Respondent Oral Presentations Best and Final Offer (BAFO) Contact Negotiations 33 Texas Department of Insurance Page 5 of 82 PART IV. GENERAL TERMS AND CONDITIONS AND RESPONDENT AFFIRMATIONS AND CERTIFICATIONS 4.1 Respondent Affirmations and Certifications Deceptive Trade Practices; Unfair Business Practices Equal Opportunity Franchise Taxes, Non-Residents, Foreign Corps, Sales Taxes Eligibility Prior Employment Family Code Financial Interests/Gifts Debts or Delinquencies to State Agency Executive Head Liability for Taxes No Conflicts Prohibition on Certain Bids and Contracts Felony Criminal Convictions Immigration Reform Warranties False Statements, Breach of Representations General Terms and Conditions Drug Free Workplace Contract Award, Copyright, Reissuance Indemnification and Liability Acts or Omissions Infringements Texas/Workers Compensation/Unemployment Insurance Including 38 Indemnity Respondent Identification No Alterations or Withdrawals of Proposal after Deadline Tie Proposals 39

6 4.2.7 Limitation on Authority, No Other Obligations No Other Benefits Attachments Incorporation of Entire RFP Amendments and Agreement between TDI and Respondent Conflicting Provisions Unacceptable Terms in Respondent s Proposal Statement of Work, Performance Respondent Costs Assignments Time Limits No Waiver No Prepayments Refunds Invoicing Termination and Cancellation Mutual Agreement TDI Cancel upon Thirty (30) Days Notice Breach of Material Term Respondent Nonperformance Bankruptcy Availability of State Funds, Legislative Action, Necessity of Performance Legal Remedies and Damages Resulting from Breach of Contract Recovery of Funds Notice of Termination or Cancellation Delivery Substitute of Services Legal Obligations Assignments and Subcontractors Historically Underutilized Businesses (HUBs) Federal, State, and Local Requirements Patent, Trademark, Copyright, and Other Infringement Claims Accessibility Relationship of the Parties 46 Texas Department of Insurance Page 6 of 82

7 Compliance with Other Laws Notices Governing Law and Venue Severability Force Majeure Labor Activity Dispute Resolution Counterparts Entire Contract and Modification Intellectual Property and Data Ownership Matters Ownership of Pre-existing Materials Third Party Commercial Software Pre-Existing Materials for Custom Software Deliverables Further Actions Waiver of Moral Rights Confidentiality of Information Injunctive Relief Return of Materials Pertaining to Work Product Respondent License to Use Agreements with Subcontractors Personal Injury, Property Damage No TDI Obligation for Costs Misunderstanding or Lack of Information Insurance/Bonds Compliance with RFP and Contract Binding Effect of Proposal Rejection of Proposal and Cancellation of RFP Ambiguity, Conflict, Exclusionary Specification, or Omission Right to Amend, Modify, or Withdraw the RFP Accessibility of Public Information Vendor Reporting Requirements Pricing Form (Mandatory) Vendor Performance 55 Texas Department of Insurance Page 7 of 82

8 Records Retention Certification Concerning Restricted Employment for Former 56 State Officers or Employees Independent Contractor Non-Waiver of Rights No Liability Upon Termination Vendor Performance Before and After Award State of Texas Debarment Applicable Law and Conforming Amendments Supporting Documents; Retention; Right to Audit; Independent Audits Public Disclosure Execution of Proposal 58 Texas Department of Insurance Page 8 of 82 ATTACHMENTS 1 Execution of Proposal 60 2 Mandatory Pricing Form 66 3 HUB Subcontracting Plan Form 68 4 HUB Progress Assessment Report Form 69 5 Respondent References 71 6 Identification of Respondent Relatives & Employees 73 7 Texas Department of Insurance Anti-Lobbying Affidavit 75 8 Texas Department of Insurance Sample Contract 77 The remainder of this page intentionally left blank

9 Page 9 of 82 DEFINITIONS. For purposes of this RFP, the following definitions apply: Addendum means an addition, change, or supplement to a solicitation document issued prior to the opening date (due date of responses). Contract means the written agreement, if any, executed by the authorized representative of the parties and the Respondent that formalizes the terms, provisions, covenants, and obligations, including but not limited to those contained in this RFP, of the respective parties to the arrangement for provision of services. Contractor means the individual or business entity that has a contract to provide goods or services to the State of Texas. This is used interchangeably with the term Vendor. TDI-DWC means the Texas Department of Insurance Division of Workers Compensation, as state agency Deliverable means a unit or increment of work required by the contract, including such items as goods, services, reports, or documents. Historically Underutilized Business means a minority or women-owned business as defined by Texas Government Code, Title 10, Subtitle D, Chapter Request for Proposal (RFP) means the document so titled and exhibits, attachments, and appendices thereto which constitute the solicitation requesting submittal of a proposal in response to the required scope of services (statement work) and usually includes some form of a Cost Proposal, and allows for negotiations between the proposer and the issuing agency. Respondent means an individual or business entity submitting a proposal in response to a solicitation. Respondent s Employee(s)/Respondent s Personnel means any and/or all of the following, without limitation to: employees, leased employees, agents, officers, directors, staff, independent contractors, contractors, or subcontractors, or any individuals furnished, referred, or provided by the Respondent for the purposes arising out of or related to this RFP, the Respondent s Proposal, and the contract, if any, that results from the award made by TDI to the Respondent. Responsive means that a Respondent has complied with all material aspects of the solicitation document, including the submission of all required documents, and within the time frame specified within the solicitation document. Responsible means that Respondent has the capability to fully perform and deliver, in accordance with the solicitation requirements. Selected Respondent means the individual or business entity qualified to provide the goods and/or services sought by TDI pursuant to this RFP and who is ultimately be selected to carry out the requirements stipulated in this RFP and any resulting contract. TDI means the Texas Department of Insurance and the state agency responsible for the issuance of this RFP. Vendor means the individual or business entity that has a contract to provide goods or services to the State of Texas. This is used interchangeably with the term Contractor.

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11 Page 11 of PART I. GENERAL INFORMATION 1.1. Introduction and Scope. The Texas Department of Insurance (TDI) Division of Workers Compensation (DWC) seeks sealed proposals from qualified entities or individuals who are experienced in the field of instructional design services to assess current training design and delivery of TDI-DWC s Designated Doctor (DD) training and education program. In performing the assessment, the Selected Respondent will make recommendations for improvement of the DD training and education program, and develop a Strategic Assessment Report for TDI-DWC to follow, to further enhance its DD training and education program. TDI-DWC will award one contract under this RFP. TDI-DWC s goal is to enlist instructional design services on multiple levels, including, but not limited to the following needs: a) Assessment of current training and education materials and format; b) Identification of gaps in the current training and education and areas of improvement; c) Expansion on current training and education methods that are currently successful, if any; d) Recommendations for training and education options that utilize resources and resonate with the target audience for optimal results, and e) Development of a Strategic Assessment Report to be provided to TDI-DWC for each of the suggested training and education options. This RFP describes the requirements that must be met by the selected Respondent prior to receiving payment under any resulting TDI contract. Respondents are cautioned to carefully read the RFP in its entirety. Award will be based on Respondent's responses to the Statement of Work (SOW) outlined in Part II of this RFP. Failure to provide the mandatory required information with the Proposal will automatically disqualify the Proposal from consideration for award in connection with this RFP. See Texas Government Code Purchasing Authority. This purchase is in accordance with Texas Government Code, Chapters 2155 and/or 2156, as applicable Background Overview of Designated Doctor Program. TDI is the state agency that regulates the Texas Workers Compensation System through its Division of Workers Compensation (TDI-DWC). TDI-DWC certifies Doctors of Medicine (MD), Osteopathy (DO), Chiropractic (DC), Dentistry (DDS), Podiatry (DPM), and Optometry (OD) to serve as DDs in the performance of medical exams of injured employees. TDI-DWC has adopted by rule and currently utilizes The Guides to the Evaluation of Permanent Impairment, 4th Edition, published by the American Medical Association (AMA) Guide, Reed Group- MD Guidelines (RGMD), and Official Disability Guidelines (ODG), published by the Work Loss Data Institute. Although designated doctors do not provide treatment, they must understand the application of these various guides in order to conduct an effective examinations and produce the narrative report required. Links to these rules and forms are available at the agency s web site, As provided by Texas Labor Code, Sections and , DDs are statutorily charged with determining maximum medical improvement (MMI), whole body impairment rating (IR), extent

12 Page 12 of 82 of compensable injury, existence of disability as the direct result of the compensable injury, the ability of the injured employees to return to work, the ability of injured employees to return to work for Supplemental Income Benefits (SIBs) and other similar issues. However, DDs do not answer questions regarding the necessity of medical care. TDI-DWC has adopted rules under Chapter 28 of the Texas Administrative Code, regarding requirements for DDs and DD examinations Minimum Qualifications for Respondents. Respondents submitting a Proposal in response to this RFP must meet the following minimum requirements Respondents must have a minimum of five (5) years experience in instructional design development, including development of deliverables for other professional certification/licensure education and training, as evidenced by a description of prior engagements described in the Background Section of Respondent s Proposal response (see Section 3.5.5, Background) Respondents must be able to travel to Austin, Texas for in person meetings related to work product development (assessment of current training program), meetings with Subject Matter Experts, and any other requested interface by TDI-DWC, as necessary and determined by TDI-DWC. Respondents who can only provide services online will not be considered for a contract award under this RFP Respondents must have a demonstrated track record of instructional design assessment of professional education and training for certification/licensure courses, as evidenced by the submission of a minimum of two (2) sample projects, including the number of hours required to complete the projects, the timeline for the projects and any final reports (may be excerpted information from a larger product produced by the Respondent). This information must be submitted as Exhibit 1 (see Section Proposal Submission Checklist) Contract Term. The initial term of the contract will be from date of award, or the last signature date, whichever is later, through August 31, Notwithstanding the termination or expiration of this Agreement, the provisions regarding indemnification, confidentiality, dispute resolution, audit rights, and warranties shall survive the termination and expiration dates of this Agreement Renewal Options TDI shall have the option to renew, in its sole discretion, at the same terms and conditions, for up to one (1) one-year period. In the event of such renewal, the scope of services, deliverable dates, and contract amount may be negotiated Texas State Agency Holiday Schedule and TDI Official Business Hours. The resulting contract will be issued in State Fiscal Year (FY) The State FY begins September 1st, and ends on August 31 st. There are official State holidays recognized by Texas State agencies. On these days, the Texas Department of Insurance may not be officially opened for business or may be closed. Respondents submitting Proposals in response to this RFP should refer to the Texas Comptroller of Public Accounts (CPA s) website at the following link, for a.pdf of the FY2016 State Agency Holiday schedule,

13 Page 13 of 82 which provides additional information on state agency closures: This Holiday schedule is updated each State FY by the Texas Comptroller of Public Accounts, and the selected Respondent should check the State Auditor s Office website at the beginning of State FY 16, for an updated calendar. For the purposes of this RFP, the official business hours of the TDI-DWC are Monday through Friday, 8:00 a.m. to 5:00 p.m. Central Time. If services are needed for hours other than these stated, the Selected Respondent and TDI will come to a mutual agreement for any services needed outside of these business hours, which may occur under extenuating or special circumstances only Protest Procedure. Any protest shall be governed by TDI s protest rules, which are set forth in 28 TEX. ADMIN. CODE The remainder of this page intentionally left blank.

14 Page 14 of PART II. STATEMENT OF WORK 2.1. General Overview. This Statement of Work describes the required services/deliverables that the Selected Respondent must perform in the development of instructional design services for the Designated Doctor certification and education program. Respondents submitting a Proposal in response to this RFP must demonstrate an understanding of the services and deliverables required under this RFP and the resulting contract. The Business Proposal (Section , Proposal Elements) must thoroughly detail how the Respondent intends to successfully provide the services/deliverables required under this RFP. The Respondent s Proposal must provide detailed information that specifically addresses and describes the Respondent s approach to achieving each deliverable, and a timeline, with a proposed schedule for completing each deliverable. The Selected Respondent s Proposal must provide detailed information on the Respondent s ability to develop an instructional design program that addresses, but is not limited to, the deliverables below in Section Tasks and Deliverables. Under this RFP, the Selected Respondent shall be responsible for achieving the following tasks and deliverables: Understand the current DD role in the workers compensation system to ensure a thorough understanding of the target audience, and the specific knowledge and skill set required to sufficiently perform the required tasks; Understand applicable statutes, rules, and case law that apply to the role of the DD Evaluate the current training and education materials and the feedback received with TDI-DWC; Analyze existing training and education materials for assessment of instructional utility; Attend DD Certification training courses and workshops to contribute to Selected Respondents understanding of the DD program and development of the Strategic Assessment Report, which is intended to provide recommendations for improvement of the DD training and certification program. The Selected Respondent will need to attend at least one (1) 2-3 day certification course and one (1) 1-day orientation workshop and one (1) 1-day case-based workshop Interview faculty and other selected designated doctors who currently participate and attend these trainings; Define the future training and education needs for the TDI-DWC DD program area; Provide recommendations regarding strategies to increase the effectiveness of DD certification training courses and address current performance deficiencies; Make recommendations for new training and education plans intended to improve current DD quality of work, support all current and foreseeable DD training and educational needs, and facilitate DD training and education in order for DDs to be motivated and engaged in the training and education, as well as the overall system;

15 Page 15 of All of the above tasks will be required to develop and deliver a Strategic Assessment Report containing analysis for each recommendation detailing methodology, resources required, estimated costs and time frame for development and implementation Performance of all enumerated services must be completed within the contract term. The Strategic Assessment Report shall be delivered to TDI-DWC no later than fourteen (14) calendar days of the agreed upon scheduled completion date of the Report, or completion of the contract term. TDI- DWC will communicate with Selected Respondent regarding the style, content and format of the Strategic Assessment Report. TDI-DWC will require at a minimum five (5) hard copies of the Strategic Assessment Report and one (1) electronic copy in a format to be determined Respondent Responsibility for Performance and Continuity of Deliverables. The selected Respondent shall not employ or subcontract with, or permit the employment of any persons not having requisite skills, knowledge, and abilities to perform the deliverables under this contract Project Management-Coordination and Communication with TDI-DWC. Selected Respondent shall work collaboratively with TDI-DWC staff regarding deadlines for all deliverables TDI-DWC Program Contract Specialist will provide project oversight, monitoring, and quality assurance for all Scope of Work activities under this RFP. In the event that there is a delay in meeting any deadlines that were established collaboratively, TDI-DWC will work with Selected Respondent to re-establish new deadlines, with the understanding that Selected Respondent is expected to meet the new deadlines, with the exception of a force majeure event TDI-DWC estimates that there will be approximately six (6) in-person meetings, that will include the initial kick-off meeting, at least two (2) work sessions, at least two (2) additional meetings to discuss work product and schedule, as well as a final wrap-up meeting. Meetings will be determined by TDI-DWC. Additional meetings may occur on an as needed basis, via teleconference, videoconference or in-person Work Product Acceptance and Payment The Strategic Assessment Report is considered a Work Product produced as a result of attaining the deliverables under this RFP, and will become the sole property of TDI-DWC TDI-DWC will review all Work Product(s) prior to acceptance. The Selected Respondent will amend the Strategic Assessment Report as directed by TDI-DWC should TDI-DWC determine that changes or corrections to the Strategic Assessment Report be required TDI-DWC reserves the right to reject any or all portions of the Strategic Assessment Report, including any recommendations Payment will not be made to the Selected Respondent until TDI-DWC has accepted the Strategic Assessment Report. Payments shall be made within thirty (30) days from receipt of a correct invoice or billing statement in accordance with the Texas Government Code, Chapter 2251, Texas Prompt Payment Act. An invoice is considered received on the date it is date stamped by TDI. See also Section

16 Page 16 of Ownership and Confidentiality Selected Respondent shall have no copyright privileges for any final Work Product, without express consent of TDI All work produced by the Selected Respondent is confidential and may not be released to any third party, in any form or medium, for any reason without the express consent of TDI-DWC Respondent Pricing. Respondent shall bear all costs and expenses for the provision of services required under this RFP and the resulting contract. This includes any printing costs, travel costs (including mileage), and any other outof-pocket expenses incurred by selected Respondent in the performance of services required under this RFP. TDI will not bear any costs of the selected Respondent. Respondent must provide all costs in the Cost Proposal, identified as the Mandatory Pricing Form (Attachment 2). This will be a lump sum bid. Payment will be made to the Selected Respondent when TDI-DWC has accepted the Strategic Assessment Report. The remainder of this page intentionally left blank.

17 Page 17 of Part III. GENERAL PROPOSAL INFORMATION AND MANDATORY RESPONSE REQUIREMENTS 3.1. Schedule of Events. The schedule of RFP events is indicated in Table 1 below. TDI reserves the right to amend the schedule. Friday, April 1, 2016 Date TABLE 1 RFP Schedule of Events Event RFP issued; published on the Electronic State Business Daily (ESBD) Tuesday, April , at 3 p.m., Central Time Deadline for submission of written questions Friday, April 15, 2016 Responses to written questions posted on ESBD April 1, 2016 April 19, 2016 Review period for Courtesy review of the HSP*. Friday, April 22, 2016, 3 p.m., Central Time Tuesday, May 17, 2016 Thursday, May 26, 2016 Thursday, June 9, 2016 Deadline for submission of Proposals Oral Presentations (if Offered)** Anticipated contract award*** Note*: The courtesy review period HSP review is not mandatory, but encouraged. Please refer to Section , for more information. Note**: Oral Presentations are not guaranteed, and it is at the sole Discretion of TDI to skip this period in the Schedule. IF TDI determines that Oral Presentations may be warranted, only those Respondents whose proposals are considered competitively responsive will be invited for an Oral Presentation. Note***: The anticipated contract award date is the best desirable, but is not guaranteed, as final contract negotiations with the selected Respondent will determine when the actual contract award will be made Revisions to Schedule. The Texas Department of Insurance reserves the right to change the dates in the schedule of events above through an Addendum posted on the ESBD, as written notification to prospective Respondents. It is the responsibility of interested parties to periodically check the ESBD for updates to the RFP prior to submitting a Proposal. The Respondent s failure to periodically check the ESBD will in no way release the Respondent from the requirements of an Addenda or additional information nor will Respondent be allowed to add any additional costs to the Mandatory Pricing form, in order to meet any additional requirements imposed from subsequent addenda or the request for additional information, in response to the RFP.

18 Page 18 of Historically Underutilized Businesses (HUB) Subcontracting Requirements. It is the policy of TDI to promote and encourage contracting and subcontracting opportunities for the State of Texas certified Historically Underutilized Businesses (HUBs) in all contracts, in compliance with Texas Government Code, Chapter Definitions for State of Texas HUB certifiable businesses can be found in Title 34, Chapter 20, Subchapter B, of the Texas Administrative Code at: TDI has determined subcontracting opportunities are probable with this RFP. Table 2 lists the National Institute for Government Purchasing (NIGP) class and item codes associated with this RFP HUB Subcontracting Plan (HSP) Respondents must perform the good faith effort in soliciting HUB subcontractors for the performance of the subcontracting opportunities outlined in this RFP, and identify such subcontractors on the HUB Subcontracting Plan (HSP) (see below) The HSP Form, Attachment 3, must be submitted with the RFP Response. Respondents must perform a good faith effort in soliciting HUB subcontractors for the performance of the subcontracting opportunities under the resulting contract The HSP Form, Attachment 3, must be submitted with the RFP Response to be considered responsive. Failure to submit this document will result in disqualification of Respondent s proposal, as this is a pass/fail component of the Respondents proposal IF an HSP is a requirement of this solicitation, the HSP Prime Contractor Progress Assessment Report (PAR), Attachment 4, must be submitted on a monthly basis after the contract has been executed. This document is not required to be submitted with the Respondents Proposal, as it is mentioned in this solicitation and provided as an Attachment for informational purposes only. However, upon contract award, it must be submitted on a monthly requirement for payment of any invoice submitted for services rendered TDI is offering a courtesy review of the Respondent s HSP through Tuesday, April 19, Respondents are strongly encouraged to take advantage of this courtesy review period. No HSP s will be accepted for an initial courtesy review after this period. If Respondents choose to take advantage of this opportunity, the HSP documents must only be sent electronically to the HUB Program Specialist identified below. Only those questions regarding the HSP requirement of this RFP may be addressed to the HUB Program Specialist HUB Program Specialist: Mr. Frank Brown; frank.brown@tdi.texas.gov NIGP Commodity Book Listings and Descriptions for this Solicitation. Table 2 below lists the NIGP Class-Item and Commodity Descriptions for the services required under this RFP. Full commodity descriptions may be found on the Comptroller of Public Accounts (CPAs) website in the NIGP Commodity Book Listings at:

19 Page 19 of 82 TABLE 2 NIGP Class-Item Code and Commodity Description Class Item No. Commodity Description Advisory Services, Educational Course Development Services, Instructional/Training 3.4. Proposal Instructions Respondent Documents. All documents submitted by Respondents in response to this RFP, are collectively referred to as Respondent Documents. Respondents proposal must include copies of all applicable required documents. Additional documents that were submitted with Respondents proposal that Respondent feels would be helpful in supporting its Proposal, but were not requested under this RFP, shall not be given additional consideration for evaluation Submission of Written Questions. Respondents are strongly encouraged to submit written questions regarding this RFP, during the official Question and Answer period Respondents will have until the deadline and time posted in Table 1 of Section 3.1, to submit in writing (electronically), all questions regarding this RFP. All questions must precisely and specifically cite the RFP section to which the question refers All questions submitted to TDI regarding this RFP must include the identity of the sender, the sender s title, company name, mailing address, telephone number, and facsimile number or address, as applicable Only those questions that are appropriately relevant to the solicitation will receive a response in the Question and Answer document that will be posted to the ESBD, available at through an Addendum. TDI will not address any questions that suggest the deletion, addition, or modification of any term or condition within this RFP, nor that requests information on whether TDI may negotiate any such terms or conditions under this particular RFP prior to the issuance of an award to the winning Respondent Only responses that TDI provides in writing are official. Information in any form other than the materials constituting this RFP, the Question and Answer document, and any RFP addendum, is not binding on TDI Questions submitted after the official Question and Answer period will not be answered, unless in its sole discretion, TDI determines that answering such question(s) is necessary to address an error or omission of information that is material to the RFP and the resulting contract. Should TDI exercise this option, the question(s) received after the official Question and Answer period will be addressed through an Addendum posted on the ESBD. Prospective Respondents are encouraged to check the ESBD for any such additional Addenda. TDI will not provide additional notification to prospective Respondents, regarding this RFP, outside of any formal Addenda notices.

20 Page 20 of RFP Point of Contact The Point of Contact for this solicitation is Ms. Chastity Marion, Except as otherwise identified as the Point of Contact, upon issuance of this RFP, other employees and representatives of TDI will not answer questions or otherwise discuss the contents of the RFP with any potential Respondent or its representatives. Potential Respondents are hereby informed that no contact may be made with any person within TDI, other than the Point of Contact, for any information regarding this solicitation. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions unrelated to this RFP Addenda to the RFP. Should an addition or correction to this RFP become necessary, TDI will post an Addendum to the ESBD relating to the necessary information. Prospective Respondents are responsible for periodically checking the ESBD for addenda related to this RFP. Respondents submitting a Proposal in response to this RFP are required to acknowledge each addendum by returning a signed copy of the addendum with Respondent s Proposal Delivery of Proposals. Respondent must submit all required number of copies of its Proposal to TDI s Purchasing and Contract Administration (via the TDI Service Center) no later than Friday, April 22, 2016, prior to 3 PM, Central time in Austin, Texas. Responses to this RFP must be time-date stamped before 3 PM, Central time, at TDI s Service Center in Austin, Texas, on Friday, April 22, The Proposal must clearly state the Proposal Due Date and time specified in Section 3.1, Schedule of Events and be titled: Proposal Submitted for RFP # , Late responses will not be considered under any circumstance Late responses properly identified will be returned to the Respondent unopened All responses received prior to the due date and time specified in the RFP become the property of TDI after submission Responses must be submitted to TDI by one of the following methods: U.S. Postal Service to: Texas Department of Insurance Service Center c/o Purchasing and Contract Administration Attn: Ms. Chastity Marion, CTCM, CTPM PO Box Austin, TX RFP No , Instructional Design Development By Overnight or Hand Delivery: Texas Department of Insurance Service Center c/o Purchasing and Contract Administration Attn: Ms. Chastity Marion, CTCM, CTPM 333 Guadalupe Street, Tower 1-Room 103 Austin, TX RFP No , Instructional Design Development

21 Page 21 of Proposal Deadline. All responses must be received and time stamped at TDI prior to 3:00 PM Central time, in Austin, Texas on Friday, April 22, 2016, as specified above in Section 3.1, Schedule of Events Proposal Submittal. Proposals must be placed in a separate envelope or package from the Mandatory Pricing Form (Cost Proposal), and correctly identified with the RFP number and submittal deadline/rfp opening date and time. It is the Respondent s responsibility to appropriately mark and arrange for delivery the Response to TDI by the specified date and time via U.S. Postal Service, other delivery service, or hand-delivery Respondents must submit one (1) original and five (5) copies of its Proposal, and must sign the original copy in blue ink. Respondent must also submit one (1) electronic copy of its Proposal on compact disc or flash drive. Compact discs or flash drives must be labeled with the company s name, and un-encrypted. If Respondent feels it is necessary to encrypt the disc or flash drive, Respondent must immediately provide TDI s Purchasing and Contract Administration contact person listed in Section 3.4.3, with the encryption code, upon request Respondents must submit one (1) original and five (5) copies of the Mandatory Pricing Form (Cost Proposal). Respondents must also submit one (1) electronic copy of the Mandatory Pricing Form on compact disc or flash drive. The electronic copy of the Pricing Form (Cost Proposal) may be on the same compact disc or flash drive as the Proposal The electronic copy of the Respondent s Proposal and Mandatory Pricing Form (Cost Proposal) must be submitted as an ADOBE Portable Document Format (PDF) file. TDI IS NOT RESPONSIBLE FOR DOCUMENTS THAT CANNOT BE READ OR CONVERTED. UNREADABLE PROPOSALS MAY BE, IN TDI S DISCRETION, REJECTED AS NON-RESPONSIVE A U.S. Postal Service (USPS) postmark or validation stamp; a mail receipt with the date of mailing, stamped by the USPS; a dated shipping label, invoice, or receipt from a commercial carrier; or any other documentation in lieu of the on-site time stamp from TDI will not be accepted ed and facsimile proposals will not be accepted Proposals may be withdrawn, in writing, any time prior to the submittal deadline, via notification of the Point of Contact listed above Receipt of all Addenda to this RFP must be acknowledged by Respondent through the return of a signed copy of each addendum, with the submission of the Respondent s Proposal, in accordance with the Proposal Submission Checklist, in Section of this RFP Public Information Act Disclosures. TDI is a governmental body subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552. The Proposal and other information submitted to TDI by the Respondent are

22 Page 22 of 82 subject to release as public information by TDI. The Proposal and other submitted information is presumed subject to disclosure unless a specific exception to disclosure under the PIA applies If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Proposal or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the legal basis for confidentiality. Merely making a blanket claim that the entire Proposal is protected from disclosure because it contains some proprietary information is not acceptable, and will make the entire Proposal subject to release under the PIA In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by the Respondent to be proprietary or confidential must be clearly labeled as described above Any information which is not clearly identified by the Respondent as proprietary or confidential will be deemed subject to disclosure pursuant to the PIA. Respondent will irrevocably deemed to have waived, and Respondent agrees to fully indemnify the State of Texas, TDI any claim of infringement by TDI regarding the intellectual property rights of Respondent or any third party for any materials appearing in the Proposal Contractor is required to make any information created or exchanged with a state governmental entity (as defined by Texas Government Code (d)) pursuant to this Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in at least one of the following formats that is accessible by the public at no additional charge to the State of Texas, TDI: portable document format (pdf) compatible with the latest version of Adobe Acrobat ; Microsoft Word ; Microsoft Excel, or Paper Copy If Respondent s Proposal contains any information, which Respondent claims is confidential and not subject to release under the PIA, Respondent must prepare and deliver to TDI four CDs containing the following information: Two CDs (no flash drives accepted), each containing complete copies of all of Respondent s submissions pursuant to this RFP. Respondent must mark these Complete Proposal Documents, [Respondent s Name], TDI RFP [RFP Number]. CONTAINS CONFIDENTIAL INFORMATION Two CDs, (no flash drives accepted) each containing copies of all of Respondent s submissions with all information claimed as confidential excised, blacked out, or otherwise redacted. Each of these CDs must also contain an Appendix which contains clear references to all redacted information including a general description of the redacted information. Respondent must mark these CDs For Public Release: Redacted Version of [Respondent s Name], [AGENCY] RFP [RFP Number].

23 Page 23 of Accuracy of the Proposal and Cost of Submitting the Proposal Respondents Proposal must be true and correct and must contain no cause for claim of omission or error TDI will not reimburse the Respondent for any cost related to the preparation or submission of the Proposal. Respondent is responsible for any expense related to the preparation and submission of its Proposal Exception to Provisions. If Respondent takes any exceptions to any provisions of this RFP, these exceptions must be specifically and clearly identified by Section in Respondent s Proposal in response to this RFP and provided in the Executive Summary addressed in RFP Section On the Executive Summary letter or in a Microsoft Excel spreadsheet submitted as an attachment to the Executive Summary letter, the Respondent must identify exceptions using the following format: RFP Section No. Section Title Description of Exception Proposed Language Respondents cannot take a blanket exception to this entire RFP. If any Respondent takes a blanket exception to this entire RFP or does not provide proposed alternative language, the Respondent s Proposal may be disqualified from further consideration. Any exception included in a Proposal may result in a contract not being awarded to the Respondent. However, if a Respondent includes exceptions in its Proposal, the Respondent shall clearly identify each exception it takes, noting the specific RFP Section number, Section title, detailed description of the exception taken, and the Respondent proposed language advanced, in lieu of the language to which exception is taken. TDI, as a state agency, is prevented by the Texas Constitution from indemnifying vendors. The Respondent is discouraged from including a term in its Proposal that requires TDI to indemnify it. Such a term may result in the Proposal being deemed non-responsive. Additionally, upon contract award to the winning Respondent, TDI shall not negotiate any such terms and condition regarding indemnification of the Contractor. If there are no exceptions, the Respondent shall explicitly state that the Respondent takes no exception to any part of this RFP Responsive Information. The Respondent s Proposal must be responsive to all requirements set forth in this RFP and prepared according to the format described in this RFP. All Proposals must provide sufficient information to enable the review committee to evaluate the Respondent s ability to provide the services described in Part II, Statement of Work, and to comply with any other contractual provisions described in this RFP.

24 Page 24 of Legible Responses. All Proposals must be typewritten and legible, and the Respondent must sign the original copies of the Proposal, including all required documents, in blue ink. Failure to manually sign the required applicable Proposal documents, may lead to a disqualification of the Proposal Authority to Bind in a Contract. The person signing the Proposal, and all required documents must have the authority to bind the Respondent in a contract, and indicate his/her title on all documents requiring a signature Proposal Format and Responsive Documents Organization of Proposal. All Proposals submitted must be bound, organized, and arranged to correspond directly with the numbered sections of this RFP. All pages must be numbered. Failure to arrange the Proposal in the manner set forth in this RFP may result in disqualification. Conciseness and clarity of content must be emphasized. The Respondent must provide all information that the Respondent believes would be helpful to TDI in establishing Respondent s ability to perform the services described in this RFP, and to comply with the requirements of this RFP and any resulting Contract Title Page The Title Page must include the following information: a) RFP ID Number; b) Respondent s Name and Address; c) Respondent s State of Texas Taxpayer Number and Federal Employer s Identification Number, and d) Respondent Company s Contact Name, Title, Signature, and Date Table of Contents. The Proposal must be submitted with a Table of Contents that clearly identifies and denotes the location of each section and sub-section of the Proposal. Additionally, the Table of Contents must clearly identify and denote the location of all enclosures and attachments to the Proposal including relevant page numbers Executive Summary. On company letterhead, Respondent s Proposal must include a brief summary on the services proposed in response to this RFP. The Executive Summary must be limited to no more than five (5) pages and should represent a full and concise summary of the contents of the Proposal If Respondent is providing services beyond those specifically requested, those services must be identified. If Respondent is proposing services that do not meet the specific requirements of this RFP, but in the opinion of the Respondent are equivalent or superior to those specifically requested, any such differences must be noted in the Executive Summary. Each Respondent should realize, however, that failure to provide the services specifically required may result in disqualification The summary should include, at a minimum, but not limited to, the following: a) brief description of the Respondent s qualifications (licenses/certifications), if required by the RFP;

25 Page 25 of 82 b) a description of the Respondent s experience with providing the services requested; c) a description of the Respondent s understanding of the requirements as outlined in Part II, Statement of Work; d) address any exceptions to any provisions of this RFP in the format outlined in Section ; and e) address any additional requirements, Terms and Conditions, or any documentation unaddressed in the RFP that the Respondent has attached in the Proposal as a material submission to the RFP Background This Section details the Respondent s background and experience, including past performance, as it relates to projects similar in scope to the services described in this RFP. The Respondent must demonstrate its ability to perform the services described in the RFP by providing, at a minimum, the following information: Experience a) Respondent must list all engagements of comparable complexity and sensitivity to the requirements of this RFP that have been conducted within the last five (5) years that were similar to the services described in this RFP, or which, though different, require the same general types of resources and skills. b) Each description should be as detailed as necessary to enable TDI to reasonably assess the relevance and usefulness of such experience. Respondent must incorporate the minimum respondent qualifications in Section and in your response to this section. c) Respondent must also specify whether Respondent served as a general/prime contractor or served as a subcontractor. If Respondent served as a general/prime contractor, Respondent must indicate whether it used subcontractors to provide such services and to what extent it relied on subcontractors. d) Respondent must give the client organization s name and describe the service performed; the service s beginning and ending dates, results obtained, and current status of the project Qualifications. To be entitled for consideration, Respondent must have available the required qualified personnel, knowledge, skills, abilities, organization, facilities, materials, supplies and equipment, to fulfill all requirements under this RFP and any resulting Contract. Respondent s Business Proposal must clearly outline the Respondent s qualifications to respond to this RFP and be considered for an award. In particular, the Business Proposal must include all qualifications required in Section I of this RFP.