Sample Debt Settlement Proposal Letter by goq19818

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									                                STATE SEAL OR LETTER HEAD
                                          STATE NAME
                                            ADDRESS



                                REQUEST FOR PROPOSAL (RFP)
                                        RFP No.: __________
                      _____________[TITLE]_______________________
                                      Authorized by XXX § ______

     PROPOSAL DELIVERY LOCATION:                              REFER INQUIRIES TO:
                                                                     NAME
                    NAME                                       DIVISION, ROOM #
                  ADDRESS                                          ADDRESS
                   PHONE                                            PHONE
                   EMAIL                                             EMAIL


     WITHOUT EXCEPTION - PROPOSAL MUST BE TIME AND DATE STAMPED BY THE XXX
                      DOCUMENT CONTROL CENTER BEFORE:
                                 DATE, and TIME

Pursuant to the Provisions of the XXX Government Code YOUR STATE’S CODE HERE, sealed
proposals will be received until the date and time established for receipt. After receipt, only the names of
the Proposers may be made to the public. Prices and other proposal details may only be divulged after
award of a contract, if a contract is awarded.

Delegation of Authority from XXX: Pursuant to YOUR STATE’S CODE HERE and pursuant to YOUR
STATE’S CODE HERE of the XXX Administrative Code, the XXX division has delegated authority to the
XXX to conduct this Request for Proposal and to award a contract for the purposes stated herein.

All written requests for information will be communicated to all applicants known to the agency.

All proposals shall become the property of the State of XXX upon receipt.

All proposals must be delivered to the XXX Document Control Center as required by the instructions
within this request.

All addenda to and interpretation of this solicitation shall be in writing. The State shall not be legally
bound by an addenda or interpretation that is not in writing.

NOTE: Failure to formalize the terms of the proposal by signing the ―Execution of Offer,‖ may result in
disqualification of the offer contained within the proposal.
                                                                                  RFP No.:________



                                    NON-SUBMISSION NOTICE

XXX is working to increase agency contracting opportunities with qualified Historically Underutilized
Businesses (HUBs).
To help XXX better assess the effectiveness of its outreach program, XXX respectfully requests that any
HUB-certified business, which will not submit a proposal in response to this Request for Proposals, notify
XXX by submitting this non-submission notice.

Filing of this notice is not mandatory.


The undersigned historically underutilized business (HUB) hereby files a non-submission notice
for:
              (name of RFP)

RFP No.:

Are you certified as a XXX HUB? ___Yes ___No
If Yes, please provide your XXX VIN/Certificate Number: ____________.

Name of Organization:

Mailing Address:



Phone Number: (           )



PLEASE SUBMIT THIS NOTICE BY E-MAIL (PREFERENCE), FAX, OR REGULAR MAIL AS
SOON AS POSSIBLE AFTER RECEIPT OF THE REQUEST FOR PROPOSAL, BUT NOT
LATER THAN   (DATE) , TO:

                                       Project Administrator
                                          Division Name
                         E-MAIL: ___________         FAX: _____________
                                    NAME OF STATE AGENCY
                                            ADDRESS
                                             PHONE
                                              EMAIL
  (To the program manager completing this RFP: Complete this page if any portion is federally-funded.)


                                              (Title of Project)


The following is provided in compliance with the Department of Education Appropriations Act:

(a) Total funds available for this project: $ (dollar amount)

(b) Percentage which will be financed with federal funds:          %

(c) Amount of federal funds:    $ (dollar amount)

(d) Percentage which will be financed from nonfederal sources:         %

(e) Amount of nonfederal funds:     $ (dollar amount)
                             TABLE OF CONTENTS
                                                                              Page

SECTION ONE    INTRODUCTION AND PURPOSE
1.1  PURPOSE OF THE REQUEST FOR PROPOSAL (RFP)
1.2  BACKGROUND INFORMATION
1.3  CONTRACT TERM/OPTION TO EXTEND
1.4  BUDGET
1.5  PROJECT DESCRIPTION AND REQUIREMENTS

SECTION TWO    GENERAL INSTRUCTIONS AND STANDARD PROPOSAL REQUIREMENTS
2.1. PROPOSAL SUBMISSION, DATE, AND TIME
2.2. EXPECTED SEQUENCE OF EVENTS/CRITICAL DATES
2.3. QUESTIONS RECEIVED PRIOR TO OPENING OF PROPOSALS
2.4. STANDARD PROPOSAL REQUIREMENTS
2.5. STATE NOT RESPONSIBLE FOR PREPARATION COSTS
2.6. DISCLOSURE OF PROPOSAL CONTENT
2.7. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) SUBCONTACTING PLAN
2.8. INDEPENDENT AUDITING STANDARDS AND CONFLICT OF INTERESTS
2.9. CONSULTANT LAW REQUIRED DISCLOSURE

SECTION THREE PROPOSAL FORMAT AND CONTENT
3.1. PROPOSAL FORMAT AND CONTENT
3.2. UNDERSTANDING OF THE PROJECT AND METHODOLOGY
3.3. MANAGEMENT PLAN FOR THE PROJECT
3.4. TASK ACTIVITY PLAN
3.5. COST PROPOSAL
3.6. PROPOSER’S FINANCIAL RESPONSIBILITY
3.7. PROPOSER IDENTIFICATION
3.8. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) IDENTIFICATION
3.9. EVALUATION CRITERIA

SECTION FOUR REVIEW OF PROPOSALS
4.1. REVIEW OF PROPOSALS
4.2. SELECTION CRITERIA

SECTION FIVE   CONTRACTUAL REQUIREMENTS
5.1  CONTRACTOR’S PROPOSAL
5.2  SERVICES SETTLEMENT
5.3  PROJECT REVIEW REQUIREMENT
5.4  PROJECT TIMELINES
5.5  PROJECT REPORTING REQUIREMENTS
5.6  PAYMENT

SECTION SIX    ATTACHMENTS




                                                                RFP No.: 701-XX-XXX
ATTACHMENT A – NOTICE OF INTENT TO SUBMIT A PROPOSAL
ATTACHMENT B – EXECUTION OF OFFER, AFFIRMATION OF TERMS AND CONDITIONS AND
               PROPOSAL PREFERENCES
ATTACHMENT C – DEFINITION OF HISTORICALLY UNDERUTILIZED BUSINESS
ATTACHMENT D – HUB SUBCONTRACTING PLAN (HSP)
ATTACHMENT E – PRIME CONTRACTOR PROGRESS ASSESSMENT REPORT (HUB-PAR)
ATTACHMENT F – FORMAT FOR COVER PAGE
ATTACHMENT G – SUGGESTED FORMAT FOR BUDGET SUMMARY AND EXPENDITURE REPORT
ATTACHMENT H – SCHEDULE OF TASK COMPLETION




                                   -2-
(To the XXX person preparing this RFP: Be sure to obtain the complete RFP model packet that
includes additional instructions, checklists, and guidelines pertaining to the development of an RFP
from Contracts Management. Items identified by an asterisk “*”are optional. Components within some
of these mandatory sections may vary depending upon the nature of the project. Note: This section of
the RFP is formatted for mirror margins to accommodate 2-sided printing and side stitching of the RFP.
Remove instructional text prior to printing.)

                                REQUEST FOR PROPOSAL

                     (Insert title of work to be accomplished.)
SECTION 1           INTRODUCTION AND PURPOSE

1.1   PURPOSE OF THE REQUEST FOR PROPOSAL (RFP)

      It is the intent of the XXX to solicit proposals to provide (title of project) in accordance with all
      requirements stated herein. (Insert a one-paragraph description of product or service needed.)

      Eligible proposers are.(select from nonprofit organizations, institutions of higher education, private
      companies, individuals, regional education service centers, etc., as appropriate for the project.)

1.2   BACKGROUND INFORMATION

      (Discuss here the background of the project leading up to the need for a Request for Proposal
      as needed. The use of background information should be addressed with caution and include
      only information judged to be necessary for the proposer to better understand the requirement.
      A brief narrative describing the historical events leading up to the present time is appropriate.
      The narrative should address future intentions only to the extent that those future events may
      affect the objective of the proposal. Care must be taken that any contractual requirements
      described in the RFP are not included in the background or informational text.)

1.3   CONTRACT TERM/OPTION TO EXTEND

      The term of any contract resulting from this RFP shall be from contract award until _______.
      XXX, at its own discretion, may extend any contract awarded pursuant to this RFP for up to two
      additional fiscal years under the same or different terms. If renewed, the first renewal period shall
      be from ___ through _____; and the second renewal period shall be from _____ through _____.

1.4   BUDGET

      One contract will be awarded in an amount not to exceed $                      . (XXX Project
      Administrator must determine whether to state an exact amount or to instead let the proposer
      propose cost…).
      Proposals must include a detailed budget in accordance with the requirements of Section 3.5 of
      this Request for Proposal.

1.5   PROJECT DESCRIPTION AND REQUIREMENTS
      (Functionally define the needs and requirements. This section should be quantified and
      structured in such a manner as to: secure the best value for the state, be clearly stated, be
      unbiased and non-prejudiced towards proposers.)



                                                    1
                                                                                    RFP No.: 701-XX-XXX
SECTION TWO              GENERAL INSTRUCTIONS AND STANDARD PROPOSAL
                         REQUIREMENTS
(The person preparing this RFP should describe in this section the product(s) or service(s) to be
delivered by the proposer. Identify all requirements, such as a set of activities that the proposer must
perform, in conducting the project.)

All proposals in response to this request must meet the following conditions in order to be considered.
Failure to meet these conditions shall result in disqualification of proposal and the proposal shall receive
no further consideration.

2.1     PROPOSAL SUBMISSION, DATE, AND TIME
        WITHOUT EXCEPTION - PROPOSAL MUST BE TIME AND DATE STAMPED BY THE XXX
        DOCUMENT CONTROL CENTER BEFORE:
                        Thursday, April 10, 2003 - 5:00 PM, Central Time
        Proposals must be submitted in a sealed envelope (or box as appropriate) with the proposer’s
        name, RFP number, and closing date prominently visible on the envelope/package. If multiple
        envelopes/boxes are used, the proposer should indicate on the package ―specific item # of total #
        of items.‖
        Facsimile transmissions (FAX) of proposals will not be accepted under any circumstances.
        Proposers must sign the ―Execution of Offer, Affirmation of Terms and Conditions, and Proposal
        Preferences‖ instrument (Attachment B). By signing, the Proposer or the Proposer’s legally
        authorized agent affirms that the all statements within the proposal are true and correct.
        Discovery of any false statement in the proposal is a material breach and shall void the submitted
        proposal or any resulting contracts and Proposer shall also be removed from all vendor lists
        maintained by the state of XXX.
2.1.1   Receipt of Proposals
        To be eligible to be considered for funding, proposals must be received in the XXX's Document
        Control Center (DCC) on or before 5:00 p.m. (Central Time) on the closing date as specified in
        the Request for Proposal. In establishing the time and date of receipt, the Commissioner of
        Education will rely solely on the time/date stamp of the DCC.
2.1.2   Method of Submittal
        Regardless of the method of submitting the proposal—United States Postal Service (USPS),
        United Parcel Service, Federal Express, Purolator, or any other delivery service—the proposal
        must be received in the agency’s Document Control Center by 5:00 PM (Central Time) on
        or before the closing date in order to be considered.
        Note: XXX WILL NOT accept a USPS postmark and/or round validation stamp, 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 docum entation as proof of receipt of any
        proposal.    Proposers are advised that XXX assumes no responsibility, due to any
        circumstances, for the receipt of a proposal after the deadline time and date established in this
        RFP.
2.1.3   Document Control Center (DCC)
        XXX's Document Control Center is open Monday through Friday, 8:00 a.m. to 5:00 p.m.,
        excluding holidays. Proposals will not be considered if received in DCC after 5:00 p.m. (Central
        Time) on the closing date. DCC is located on the 6 th floor of the ADDRESS, XXX 78701-1494.
        The mailing address is:
                                                   Document Control Center




                                                   -2-
                                                      ORGANIZATION
                                                      ADDRESS HERE

2.1.4 Number of Copies of Proposal
      (Spell number out) copies of the proposal must be submitted. The required number of copies of
      the proposal must be received in the XXX Document Control Center by 5:00 p.m. on the
      established deadline date. Failure to meet this condition shall result in disqualification of proposal
      and the proposal shall receive no further consideration.
      Photocopying is not available at XXX.

      Additions or replacements to the proposal will not be accepted after the closing date for receiving
      the proposal in the Document Control Center of the XXX Department of Education.


2.1.5 *Intent to Submit Proposal
      All prospective proposers should notify the XXX in writing of their intent to submit a proposal
      (Attachment A) by                  20__, to the Document Control Center at ADDRESS. Failure to
      notify the Agency of the intent to submit a proposal will not disqualify the proposer from submitting
      a proposal.

2.2 EXPECTED SEQUENCE OF EVENTS/CRITICAL DATES (USE ONLY EVENTS THAT APPLY.)

      DATE                       EVENT
      (Day, Month, Date, Year.   Publication of Request for Proposals in XXX Marketplace
      Ex: Tuesday,
      September 24, 2003)
                                 Proposer's Conference, beginning at (Time) and (Location) (full
                                 address)
                                 Notice of Intent to submit a proposal is due in the XXX Document
                                 Control Center
                                 Proposal is due in the Document Control Center 5:00 p.m., Central
                                 Time
                                 Selection of Proposer and commencement of negotiations
                                 Approved by State Board of Education (if required)
                                 Beginning date of contract and commencement of work
                                 Notice of contract award published in XXX Register (only if Chapter
                                 2254 consultant law)
                                 Ending date of contract and final product submitted to the XXX with
                                 final billing

      It should be noted that all of these dates except the final completion date may vary slightly as
      conditions require.

2.3   QUESTIONS RECEIVED PRIOR TO OPENING OF PROPOSALS
      Any person wishing to obtain clarifying information about this request for proposal may contact:
                                                     Name
                                                      XXX
                                                   ADDRESS

        (Provide here e-mail, fax, or phone. Written documentation (e-mail) of all vendor interaction is
                                              preferred.)




                                                   -3-
2.3.1 *Proposer's Conference
      (Only if needed. Decision as to need is based upon legal requirements and degree of data
      needed by proposer. If used, the below language is mandatory.)
      Proposers will be provided one and only one opportunity to review any documents, forms, etc., that
      have been developed to provide information about the scope of the (name of proposal). This
      conference will be on (day of week), (month, date), 20__, from ___a.m. until ___p.m. in Rm. __ of
      the (name of building), (address), XXX. Each person attending will be required to sign a register
      setting out the representative's name, the firm or organization represented, its name, address, and
      telephone number.

      This Proposer's Conference will be the single opportunity afforded to ask clarifying questions of
      XXX personnel to assist potential proposers in clarifying their understanding of the scope and
      nature of the work required in this study. The conference will be open to all potential proposers,
      and all questions asked and answered will be in the presence of all attending.

2.3.2 Requests for Additional Information
      (This component is mandatory as is the language.)
      In order to assure that no prospective proposer may obtain a competitive advantage because of
      acquisition of information unknown to other prospective proposers, any additional information, that
      is different from or in addition to, information provided in the Request for Proposal or at the
      Proposer's Conference will be provided only in response to written inquiries. Copies of all such
      inquiries and the written answers will be posted as an addendum to the Request for Proposal at
      the XXX. The addendum will be updated as needed on a weekly basis while the RFP is
      advertised.

      Except as provided in Section 2.3.1, all inquiries for information must be made in writing to the
      Document Control Center. The RFP number, located in the lower right corner of the front cover of
      this RFP, must be identified in the written request for information.

2.4   STANDARD PROPOSAL REQUIREMENTS
      A. Proposals that address only part of the requirements contained in this Request for Proposal
         may be considered non-responsive.
      B. XXX reserves the right to reject any and all proposals and to negotiate portions thereof.
      C. The selected proposal may not necessarily be funded for the full proposal price if the Agency
         determines that a different price is more appropriate. The budget submitted by the proposer is
         subject to negotiation by the XXX State Department of Education.
      D. XXX reserves the right to select the proposal containing the best proposal considering the
         outcomes desired. The proposer shall furnish such additional information that the Agency
         may reasonably require.
      E. *The contractor must work with the Agency staff to clarify the design of the materials, project
         design, project activities, and/or other products, and modify these items if necessary.

2.5   STATE NOT RESPONSIBLE FOR PREPARATION COSTS
      The XXX will not be liable for any costs incurred in the preparation and submittal of a proposal.

2.6   DISCLOSURE OF PROPOSAL CONTENT
      After contract award, proposals are subject to release under the XXX Government Code, YOUR
      STATE’S CODE HERE. Proposers must indicate on their proposal cover if their submission
      contains proprietary information. It is recommended that a proposer identify the specific sections
      within the proposal that it considers proprietary.




                                                   -4-
2.7   HISTORICALLY UNDERUTILIZED BUSINESS (HUB) SUBCONTRACTING PLAN
      Subcontracting opportunities are possible for this contract and proposers are encouraged to
      subcontract with historically underutilized businesses (HUBs). Historically underutilized businesses
      (HUBs) are defined in YOUR STATE’S CODE HERE (see Attachment C). The proposer may
      choose to subcontract any portion or all of the services to historically underutilized businesses.

             Proposers are required to submit a HUB Subcontracting Plan for proposals valued at
              $100,000 or more (Attachment D).
             If the proposer is a HUB, then a HUB Subcontracting Plan is required in order to identify
              the percentage (if any) of the work to be performed by subcontractors regardless of the
              value of the proposal (Attachment D).
             For a proposal valued at less than $100,000 where the proposer is not a HUB, it is
              recommended that a HUB Subcontracting Plan be completed.

      The HSP documents a proposer’s good faith effort to award subcontracts to historically
      underutilized businesses (HUBs) in accordance with the following percentages:
                                     20% for service contracts

      The HSP (Attachment D) will be incorporated into the contract between XXX and the selected
      proposer YOUR STATE’s CODE HERE The selected proposer shall report for all months in which
      a payment was made to a HUB during the term of a contract (Attachment E).

      Vendors are encouraged to collaborate with XXX to develop mentor protégé opportunities. Under
      YOUR STATE’S CODE HERE a proposer's participation in a Mentor Protégé Program under XXX
      YOUR STATE’S CODE HERE, and the submission of a protégé as a subcontractor in the HUB
      subcontracting plan constitutes a good faith effort for the particular area to be subcontracted with
      the protégé.

      Proposals that are required to submit an HSP and fail to submit an HSP will be rejected for
      noncompliance with the advertised contract specifications.

      The proposer awarded the contract will be responsible for maintaining business records
      documenting compliance and shall make a compliance report to XXX when subcontractors are
      used under the contract (Attachment D).


2.7.1 List of HUB Vendors Who Perform the Solicited Subcontracting Opportunity
      (To the person preparing the RFP: The RFP must either provide a list of HUBs who perform the
      solicited contracting opportunity, or provide instructions to access the list online. If providing
      instructions, please modify the instructions below so that it can be used by the proposer to retrieve
      a list of potential HUB subcontractors who perform the solicited contract opportunities.)
                                                  HOW TO RETRIEVE HUBS

                       1. Open URL HERE
                       2. Provide Directions
                       3. SAMPLE DIRECTIONS: Selection 1 -
                             Class Code: #_____ [Description]
                             Item: #_____ [Description]
                             District: # ____ [Description]
                             (Provide several class numbers appropriate to the subcontracting
                             opportunities possible under the project. XXX is the code for




                                                  -5-
                                Educational Services. Depending on the subcontracting opportunity,
                                another code may be appropriate.
                                The item number may be left blank. Include it to narrow the
                                parameters of your search. To see the items associated with any
                                particular class, click on the Class number in the Commodity Book at:
                                URL HERE
                                District Number. (XXX.)
                        4. Click Submit Search.

2.8   INDEPENDENT AUDITING STANDARDS AND CONFLICT OF INTERESTS
      If an entity or its subsidiary has or is currently contracted with XXX to perform professional services
      or consulting (non-audit) services, then they cannot be awarded a contract to provide financial
      audit, attestation, or performance audit services for two years from finishing an engagement.

      An entity or its subsidiary that performed financial audit, attestation, or performance audit services
      for XXX, may not receive a contract award to perform professional services or consulting (non-
      audit) services for two years.

2.9   *CONSULTANT LAW REQUIRED DISCLOSURE
      (To be included if requesting a proposal from a consultant to study or advise as defined in XXX
      YOUR STATE’S CODE HERE.)
      XXX may not enter into a consultant contract with a person who has been employed by the
      Agency within the past 12 months. Persons who have been employed by the XXX or by another
      state agency more than 12 months ago but not more than 2 years ago must disclose in the
      proposal:
                       (a) The nature of previous employment with the state agency;
                        (b) The date the employment was terminated; and
                        (c) The annual rate of compensation at the time of termination of employment.

      Failure to provide information specified in this component shall result in disqualification of proposal
      and the proposal shall receive no further consideration.




                                                   -6-
SECTION THREE PROPOSAL FORMAT AND CONTENT

3.1.   PROPOSAL FORMAT AND CONTENT

       Proposals must be written entirely on 8 ½” X 11” white paper and must be limited to ___
       pages not including appendices and attachments. Proposals should be stapled in the top
       left corner or if bound may be bound in no more than a 3-ring binder. Proposals must be
       submitted in a manner which does not carry any benefit, keepsake, or value for members
       of the review panel.

3.1.1 Proposal Cover Page
       Proposals should include a cover page, which clearly states the name of the firm or organization
       and the name, position, and telephone number of the proposer's project administrator who may be
       contacted regarding the proposal (Attachment F).

3.1.2 Response Checklist
      This checklist is to assist proposers in ensuring that all information is included in their response.
      Proposers must refer to the appropriate section of the RFP for detailed information on the
      following.

              RFP Cover Sheet                                      Sec. 3.1.1
              Understanding of the Project and Methodology         Sec. 3.2
              *Management Plan                                     *Sec. 3.3
              Task Activity Plan                                   Sec. 3.4
              Cost Proposal                                        Sec. 3.5
              Proposer’s Financial Responsibility                  Sec. 3.6
              Proposer Identification                              Sec. 3.7
              Historically Underutilized Business (HUB)            Sec. 3.8
              Identification, if applicable
              Evaluation Criteria                                  Sec. 3.9
              Signed Execution of Offer, Affirmation of Terms      Attachment B
              and Conditions, and Proposal Preferences
              HUB Subcontracting Plan, if applicable               Attachment D

              Failure to return all information on the checklist may disqualify the proposal.

3.2.   UNDERSTANDING OF THE PROJECT AND METHODOLOGY
       The proposal must communicate an understanding of prior studies and research in the areas of
       the project, describe the tasks to be performed, and identify potential problems in the conduct of
       the project and methods to identify and solve such problems.
       The proposer must describe clearly, specifically, and as completely as possible, the methodology
       for carrying out the objectives and requirements of the project as described in this RFP. (If
       applicable...the proposer must also describe the training program, staff development, and
       curriculum design.)
       The proposal must describe the project design, project activities, materials, and other products,
       services, and reports to be generated during the contract period and relate them to the stated
       purposes and specifications described in the Request for Proposal. Technical evidence relating to
       the proposer's ability to perform the proposed services must be appended to the proposal. Failure
       to meet these conditions shall result in disqualification of proposal and the proposal shall receive
       no further consideration.




                                                   -7-
       (If the above wording is not appropriate, then change as needed; but a review by Contracts
       Management is required.)

3.3.   *MANAGEMENT PLAN FOR THE PROJECT
       The proposer must provide satisfactory evidence of capability to manage and coordinate the types
       of activities described in the RFP and to produce the specified product or service on time. To
       provide information on qualifications to accomplish the described tasks, proposers must include in
       this section the following information:
              Structure of the organization
              Indications of the ability to perform the tasks described in section 1.5.
              Evidence that the proposer has gained experience through working on similar projects.
               The name of the agency or agencies served must be cited, the kinds of activities that were
               performed by the proposer must be described, and the name and phone number of a
               contact person from each employing agency must be provided;
              Names of staff member(s) who will direct the overall project throughout the duration of the
               contract as well as those of staff members who will coordinate major activities during each
               phase of the contract, and the time allocations that the personnel described will devote to
               fulfillment of the contract. (An appendix to the proposal must contain resumes of project
               staff members.) If the resumes include references, the references will not be considered
               in the review. Names given as references must not affect the scoring of the proposal in
               any way. In addition, no employees of XXX can be listed in the proposal as references.
               They may be listed in a memo transmitting the proposal, but not in the proposal. If the
               proposer plans to use external consultants or subcontractors, a staff organization and
               resumes of consultants and/or subcontractors must be included.

3.4.   TASK ACTIVITY PLAN
       Proposer must plan for a project starting date of no earlier than ____, 20__, and an ending date of
       no later than _____, 20__ if selected as the contractor. The proposer must submit a task/activity
       plan specifying to the degree possible the tasks and activities which are to be undertaken.
       Timelines showing beginning and ending dates for each major task are to be included, as well as
       the name(s) of person(s) responsible for each task. Activities must be sufficiently designed and
       outlined in the task/activity plan that will provide evidence of satisfactory delivery of services and
       products. Time frames must be logical and appropriate to complete all activities within the
       beginning and ending dates of the contract. Failure to meet this condition shall result in
       disqualification of proposal and the proposal shall receive no further consideration.

3.5.   COST PROPOSAL
       The proposer must submit a budget detailing costs necessary to accomplish the project objectives
       and activities outlined in the task/activity plan (Attachment G, Suggested Format for Budget
       Summary and Expenditure Report). It is recommended that budget detail be submitted in Excel
       compatible or Excel format.
       Objects of expenditure used in the budget summary may vary depending on the project. Costs
       must be justified in terms of activities and objects of expenditure and must be reasonable (i.e.,
       consistent with current market price) and necessary to accomplish the objectives of the project.
       The budget must evidence that financial resources are adequately and appropriately allocated
       among cost categories in a cost-effective and prudent business manner to accomplish project
       objectives and activities. Services to be purchased from other agencies, subcontractors, including
       any amounts subcontracted to HUBs, consultants, and others must be specified.
       This section of the proposal must also contain a proposed Schedule of Task Completion
       (Attachment H) which ensures completion of tasks and the delivery of products by specified dates.




                                                    -8-
       Payment will be made upon satisfactory performance of services, receipt by the XXX of specified
       deliverables, and receipt of properly prepared and certified invoices/expenditure reports. XXX
       recommends using Attachment G, Suggested Format for Budget Summary and Expenditure
       Report, for submitting expenditures. Use of this suggested format will not require the proposer to
       submit additional invoices to XXX.
       Failure to meet these conditions shall result in disqualification of proposal and the proposal shall
       receive no further consideration.

3.6.   PROPOSER'S FINANCIAL RESPONSIBILITY
       All private sector companies, individuals, or non-profit organizations are required to submit along
       with the proposal indicators of financial stability. For example:
            a. Private companies must submit their most recent audited financial statement or a
               certified public accountant-compiled financial report;
            b. Nonprofits must submit an audited financial statement, a certified public accountant-
               compiled financial report, or similar document; and
            c.   Individuals must submit those documents which depict their financial stability, such as
                 an audited proprietorship financial statement, statement from a certified public
                 accountant or banker, or a statement from vendors or suppliers. A performance bond
                 from an individual may be required at the Agency's discretion.
       All nonprofit organizations are also required to submit proof of nonprofit status. A proposer may
       show that it is a nonprofit organization by any of the following means:
            a. A copy of a letter from the Internal Revenue Service recognizing that contributions to the
               organization are tax deductible under Section 501(c)(3) of the Internal Revenue Code;
            b. A statement from a state taxing body or the state attorney general certifying that the
               organization is a nonprofit organization operating within the state and that no part of its
               net earnings may lawfully benefit any private shareholder or individual;
            c.   A certified copy of the proposer's certificate of incorporation or similar document if it
                 clearly establishes the nonprofit status of the proposer; or
            d. Any item described above if that item applies to a state or national parent organization,
               together with a statement by the parent organization that it is a local nonprofit affiliate.
       Failure to meet this condition shall result in disqualification of proposal and the proposal shall
       receive no further consideration.

3.7.   PROPOSER IDENTIFICATION
       Proposer shall provide to agency, respondent's 9-digit Federal Employer's Identification Number
       (FEI); Social Security Number (SSN) if respondent is an individual; or respondent's 14-digit State
       of XXX Vendor's Identification Number (VIN). If incorporated, respondent shall also provide to
       agency the corporation's charter number issued by the XXX Secretary of State's office.
       Proposer's FEI:
       Proposer's SSN:
       Proposer's VIN:
       Proposer's charter number:

3.8.   HISTORICALLY UNDERUTILIZED BUSINESS (HUB) IDENTIFICATION
       Historically underutilized businesses (HUBs) as defined in XXX (see Attachment C) are
       encouraged to submit a proposal for the services requested in this RFP. Proposers are
       encouraged to become HUB certified.




                                                   -9-
       Proposers that are not certified and who wish to become certified should complete the HUB
       Certification application available at XXX. The XXX division at (YOUR STATE’S CODE HERE)
       can assist with questions regarding the requirements for certification. The proposer should also
       relay this information to any potential subcontractors who wish to become a certified HUB.
       Proposers that are certified as a HUB with the XXX should attach a copy of the certificate to the
       proposal.

3.9.   EVALUATION CRITERIA
       Criteria upon which the proposer feels its processes, products, and services may be evaluated by
       the proposer and by the XXX Project Administrator must be stated. The proposer should include
       specific standards for measuring the quality of services and products provided.
       XXX will evaluate proposals according to the selection criteria specified in Section 4.2 of this
       Request for Proposal.




                                                 - 10 -
SECTION FOUR         REVIEW OF PROPOSALS

4.1.   REVIEW OF PROPOSALS
       (Note to person preparing the RFP--Reviewers should be selected based upon their expertise
       and the volume of proposals. Reviewers may include Agency staff, but should consist primarily
       of outside personnel. Outside reviewers should make up at least three quarters (3/4) of the total
       reviewers. Per the Commissioner, readers must represent broad and diverse backgrounds,
       including parents (where appropriate), educators, and the business community (directive dated
       November 29, 1995. This is discussed in the RFP instructions. Reviewers will be requested to
       return their rating sheets, comments, and recommendations to the Project Administrator.)
       (Herein discuss the procedures for review of proposals such as the below. As appropriate, staff
       may include a procedure for oral presentation of proposals by proposers receiving most
       favorable ratings in first review process.)
       Review of proposals will begin as soon as practical after receipt. The proposers receiving the most
       favorable ratings during the first round of selection may be asked to send a representative to
       Austin, XXX, at a time and place to be arranged for oral presentation of proposals. Proposals may
       be rated again following oral presentations. The evaluation XXX shall consist of XXX staff
       knowledgeable in the content area, as well as reviewers from outside the Agency with expertise in
       the area.
       The recommendations of the review panel will be assembled and presented to the Commissioner
       of Education who will:
         1. Approve the proposal in whole or in part;
         2. Disapprove the proposal; or
         3. Defer action on the proposal for such reasons as a requirement for further evaluation.

        If a Regional Education Service Center is recommended by the review panel to the
        Commissioner for contract award, the Commissioner must obtain prior approval from the
        Governor and the Legislative Budget Board prior to contracting.

        XXX will notify each proposer in writing of the selection or non-selection for funding. Additional
        copies of proposals not selected for funding will be destroyed unless the proposer notifies the
        XXX in writing within forty-five (45) days of the date on the non-selection letter that the proposals
        are to be returned to the proposer at the proposer's expense.

        In the case of a proposal selected for funding, notification to the proposer will include the
        contractual conditions, which the proposer must accept in accordance with federal and/or state
        law.

4.2.   SELECTION CRITERIA
       Proposals will be selected based on the ability of each proposer to carry out all of the requirements
       contained in this Request for Proposal. XXX will base its selection on, among other things,
       demonstrated competence and qualifications of the proposer and on the reasonableness of the
       proposed cost.
       Following are the criteria and the total number of points of each portion of the RFP that will be
       applied in selecting a proposer:

CATEGORIES      (May vary given nature of RFP)                                        POSSIBLE          POINTS
                                                                                      (may vary)
A. Quality of Technical Component
                                                                                                   XX
   1. Clear description of details for carrying out project
   2. Understanding of prior studies and research
   3. Adequacy and appropriateness of project design




                                                   - 11 -
B. Quality of Management Component
                                                                                         XX
   1. Evidence of capability to manage project
   2. Experience of organization
   3. Personnel qualifications

C. Quality of Task/Activity Plan
                                                                                         XX
   1. Logical and appropriate time frames
   2. Activities are of sufficient scope and detail to provide evidence of
       satisfactory delivery of services and products
D. Cost-Effectiveness and Appropriateness of Financial Resources Dedicated to
                                                                                         XX
   Project
E. Quality of Evaluation Component
                                                                                         XX
   Appropriateness of criteria and standards
                                                                    TOTAL            100 points
(A fixed amount in all Requests for Proposals. It may be appropriate to use
more than 100 points.)

      (Note to preparer: Agency top management may at their discretion choose not to indicate the
      possible points.)

4.2.1 Preference(s)
      (For state-funded contracts under the Consultant Law, add the following statement. This
      requirement does not apply to federally-funded contracts. YOUR STATE’S CODE HERE
      prohibits in-state geographic preference.) When contracting under the YOUR STATE’S CODE
      HERE, XXX can give preference to a consultant whose principal place of business is in the state
      or who will manage the consulting contract wholly from an office in the state. YOUR STATE’S
      CODE HERE.


      (For all contracts, add the following statement.) The Agency shall also give preference, among
      proposals that are otherwise comparable, to a proposal submitted by a HUB.




                                                 - 12 -
SECTION FIVE       CONTRACTUAL REQUIREMENTS

5.1 CONTRACTOR’S PROPOSAL
   The selected proposal may be incorporated into a contract prepared by the XXX for signature by the
   contracting parties.

5.2 SERVICES SETTLEMENT
   Agency will be implementing an electronic procurement, approval and payment process during the
   term of this contract. The Vendor may be required to use the XXX electronic Internet based system,
   YOUR STATE’S SYSTEM HERE. A half-day or less training will be provided. The Vendor will be
   required to have an email account and Internet Explorer 5.0 or greater to access XXX if selected for
   participation. The signing of this contract indicates agreement to participate if selected by Agency.


5.3 *PROJECT REVIEW REQUIREMENTS
   The project design and all materials, project activities, and/or other products developed, produced, or
   adapted by the contractor must be reviewed and approved in draft form and in final form by the
   Project Administrator, XXX. XXX will have ___ working days for each review of any materials, project
   design, project activities, and/or other products developed or adapted by the contractor.

5.4 PROJECT TIMELINE
   The contractor must commence and perform project activities according to the timeline described in
   the task/activity plan.


5.5 *PROJECT REPORTING REQUIREMENTS
   The contractor must provide (monthly or quarterly) written activity/progress reports set in narrative
   form. Each report is due at the XXX on the last day of each month or quarter. (XXX project manager
   decides whether monthly or quarterly.)


5.6 PAYMENT
   All payments are made in accordance with XXX YOUR STATE’S CODE HERE et seq. Payments for
   Goods and Services. Unless otherwise indicated by the XXX, payment is only by reimbursement
   upon satisfactory performance of services.
   Payment is contingent upon submission of properly prepared and certified invoice/expenditure report.
   The invoice/expenditure report shall note the contract number and purchase order number, and detail
   services provided during the invoice period and associated costs. The information provided on each
   invoice/expenditure report must coincide with the tasks and cost categories outlined in the approved
   budget, as negotiated by the XXX.
   According to guidelines set forth by the XXX Comptroller of Public Accounts, the payment scheduling
   policy requires agencies to pay as close to the due date as possible in order to maximize fiscal
   benefits to the state. Payments are due in 30-days.




                                                 - 13 -
                      NOTICE OF INTENT TO SUBMIT A PROPOSAL


The undersigned organization hereby files a notice of intent to submit a proposal for
             (name of RFP)

RFP No.:



Name of Organization:

Mailing Address:



Phone Number: (         )


   Filing of this notice is not mandatory; however, it will assist the XXX in anticipating the
    volume of proposals in order to better expedite the review process and finalize contract
    awards.

   Filing this notice in no way binds the organization to submit a proposal for
                      (name of RFP)

   Proposers who do not file this notice are still eligible to submit a proposal.



PLEASE SUBMIT THIS NOTICE BY MAIL OR FAX AS SOON AS POSSIBLE AFTER
RECEIPT OF THE REQUEST FOR PROPOSAL, BUT NOT LATER THAN (DATE) , TO:

                                    Document Control Center
                                   XXX STATE DEPARTMENT
                                          ADDRESS
                                           PHONE




                                          - 14 -                                     Attachment A
EXECUTION OF OFFER, AFFIRMATION OF TERMS AND CONDITIONS, AND PROPOSAL PREFERENCES

By signing this ―Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences‖
instrument, Proposer or Proposer’s legally authorized agent affirms that the all statements within the
proposal are true and correct. Proposer understands and acknowledges that discovery of any false
statement in the proposal is a material breach and shall void the submitted proposal or any resulting
contracts and that Proposer shall also be removed from all vendor lists maintained by the state of XXX.
By signature hereon affixed, Proposer hereby acknowledges and certifies that Proposer shall be subject
to the following specific affirmations, general provisions, and special provisions if the proposal is awarded
a contract:

    1.      Proposer expressly makes the following specific affirmations in response to this RFP:

            A.   Proposer understands that any proposal or bond signed by an agent or attorney-in-fact shall be
                 accompanied by evidence of authority.

            B.   Proposer understands that any proposal may be withdrawn in writing prior to the date and time set
                 for receipt of proposals. Any proposal not so withdrawn shall constitute an irrevocable offer, for a
                 period of 90 days from the RFP closing date, to provide the commodity or service set forth in the
                 attached specifications, or until a selection has been made by the agency.

            C.   Proposer has fully complied with all of the terms and conditions for submission of proposal
                 expressly stated throughout this RFP.

            D.   Proposer has not given, offered to give, nor intends to give at any time hereafter any economic
                 opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or services to a
                 public servant in connection with the submitted proposal or bid.

            E.   Neither Proposer or the firm, corporation, partnership, limited liability company, or other business
                 entity represented by Proposer, or anyone acting for such firm, corporation, partnership, limited
                 liability company, or other business entity has violated the antitrust laws of this State or the
                 Federal Antitrust Laws, nor communicated directly or indirectly the proposal or bid made to any
                 competitor or any other person engaged in such line of business.

            F.   Pursuant to YOUR STATE’S CODE HERE of the XXX Government Code, Proposer has not
                 received compensation for participation in the preparation of the specifications for this RFP or
                 Invitation for Bid. Proposer certifies that the individual or business entity named in its proposal,
                 bid, or contract is not ineligible to receive the specified contract and acknowledges that any
                 contract awarded from this RFP may be terminated and payment withheld if this certification is
                 inaccurate.

            G. Proposer certifies compliance with YOUR STATE’S CODE HERE of the XXX Government
               Code, relating to contracting with a former executive head of a state agency. If this provision of
               the Government Code applies, Proposer shall provide the following information in order for the
               proposal to be evaluated: (a) Name of the former executive, (b) name of the state agency where
               that executive worked, (c) date of separation from that agency, (d) that former executive’s current
               position with the proposing business entity, and (e) the beginning date of employment with the
               proposing business entity.

            H.   Pursuant to YOUR STATE’S CODE HERE of the XXX, the proposal includes the names and
                 social security numbers of each person with at least a 25% ownership of the business entity
                 submitting the proposal or bid. If this information is not included in the proposal, it will be provided
                 prior to execution of any contract resulting from this RFP.

            I.   Pursuant to YOUR STATE’S CODE HERE of the XXX Government Code, Proposer certifies
                 that it is not a former employee of XXX or that Proposer has not been an employee of XXX for
                 twelve (12) months prior to the beginning date of any contract awarded from this RFP.
                 Proposer must make full disclosure of intent to employ any subcontractor who is a former
                 employee/retiree of XXX. Within the first twelve months of leaving employment at XXX, a former




                                                - 14 -                                           Attachment B
          employee/retiree selected by the Proposer for a subcontract, shall not perform services on a
          project or fill a position that the former employee/retiree worked on while employed at XXX.

     J.   Proposer agrees to purchase and maintain at its expense insurance as required for the work being
          performed and furnished pursuant to any contract awarded from this RFP. Such insurance will
          protect XXX from all claims from bodily injury, death, or property damage which may arise out of
          or result from the performance or furnishing by the Proposer and Proposer’s other obligations
          under the Contract Documents, whether it is performed or furnished by Proposer, any
          Subcontractor or Supplier, or by anyone directly or indirectly employed by any one of them to
          perform or furnish any of the Work, or by anyone for whose acts any of them may be liable.
                 i. Specific insurance coverage required by XXX will be stated in the body of the RFP.
                ii. The type and level of any insurance coverage requirements will be addressed during
                    negotiations with the selected Proposer, prior to the execution of the contract.
               iii. XXX reserves the right to terminate the Contract or stop the Work in progress for
                    substantial failure to submit the required evidence of insurance or cancellation of an
                    active policy as agreed upon by XXX and Proposer during contract negotiations.

     K.   Proposer agrees that all Subcontractors performing work under a contract from this RFP will
          obtain insurance which will protect XXX and its employees from the risk associated with the work
          performed under the Agreement. The Proposer will maintain written evidence of such coverage
          for its Subcontractors. If the Subcontractor fails to demonstrate and/or obtain such insurance or
          the Subcontractor’s insurance expires and is no longer available, the Proposer agrees to
          indemnify the Subcontractor for Work under this Agreement.

     L.   No public disclosures or news releases pertaining to this RFP shall be made without prior written
          approval of XXX.

     M. Prior to the award of a contract, XXX may require that the successful proposer file a performance
        bond in an amount reasonable and necessary to protect the state’s interest. The bond must be
        conditioned on the successful proposer’s faithful performance of the terms of the contract.

     N.   During negotiations, XXX and the proposer may negotiate a liquidated damages clause.

     O. Terms and conditions beyond those stated in this RFP may be grounds for disqualification of a
        submitted proposal. XXX will have sole discretion to consider for inclusion any terms and
        conditions not stated in this RFP.

2.   Proposer has read, understands, and agrees to be bound to the terms and conditions stated in the
     XXX’s ―General Provisions‖ if a contract is awarded to Proposer pursuant to this RFP. The following
     General Provisions which will be included in the contractual terms for any contract awarded under this
     RFP are included in this instrument and are stated as follows:

     A.       As used in these General Provisions:
               Contract means XXX’s Standard Contract, and all of XXX’s attachments, appendices,
                  schedules (including but not limited to the General Provisions and the Special
                  Provisions), amendments and extensions of or to the Standard Contract;
               Agency or XXX means the XXX State Department of Education;
               Contractor means the party or parties to this Contract other than XXX, including its or
                  their officers, directors, employees, agents, representatives, consultants and
                  subcontractors, and subcontractors’ officers, directors, employees, agents,
                  representatives and consultants;
               Project Administrator means the respective person(s) representing XXX or Contractor, as
                  indicated by the Contract, for the purposes of administering the Contract Project;
               Contract Project means the purpose intended to be achieved through the Contract;
               Amendment means a Contract that is revised in any respect, and includes both the
                  original Contract, and any subsequent amendments or extensions thereto;
               Works means all tangible or intangible material, products, ideas, documents or works of
                  authorship prepared or created by Contractor for or on behalf of XXX at any time after the
                  beginning date of the Contract (―Works‖ includes but is not limited to computer software,
                  data, information, images, illustrations, designs, graphics, drawings, educational




                                       - 15 -                                        Attachment B
         materials, assessment forms, testing materials, logos, trademarks, patentable materials,
         etc.); and,
        Intellectual Property Rights means the worldwide intangible legal rights or interests
         evidenced by or embodied in: (a) any idea, design, concept, method, process, technique,
         apparatus, invention, discovery, or improvement, including any patents, trade secrets,
         and know-how; (b) any work of authorship, including any copyrights, moral rights or
         neighboring rights; (c) any trademark, service mark, trade dress, trade name, or other
         indicia of source or origin; (d) domain name registrations; and (e) any other similar rights.
         The Intellectual Property Rights of a party include all worldwide intangible legal rights or
         interests that the party may have acquired by assignment or license with the right to grant
         sublicenses.

B.   Contingency: The Contract(s), including any amendments, extensions or subsequent
     contracts, are executed by XXX contingent upon the availability of appropriated funds by
     legislative act. Notwithstanding any other provision in this Contract or any other document,
     this Contract is void upon the insufficiency (in XXX’s discretion) or unavailability of
     appropriated funds. In addition, this Contract may be terminated by XXX at any time for any
     reason upon notice to Contractor. Expenditures and/or activities for which Contractor may
     claim reimbursement shall not be accrued or claimed subsequent to receipt of such notice
     from XXX.

C.   Indemnification:
     For local educational agencies????? (LEAs), regional education service centers (ESCs),
     institutions of higher education (IHEs), and state agencies: Contractor, to the extent permitted
     by law, shall hold XXX harmless from and shall indemnify XXX against any and all claims,
     demands, and causes of action of whatever kind or nature asserted by any third party and
     occurring or in any way incident to, arising from, or in connection with, any acts of Contractor
     in performance of the Contract Project.
     For all other contractors, subcontractors, including nonprofit organizations and for-profit
     businesses: Contractor shall hold XXX harmless from and shall indemnify XXX against any
     and all claims, demands, and causes of action of whatever kind or nature asserted by any
     third party and occurring or in any way incident to, arising from, or in connection with, any
     acts of Contractor in performance of the Contract Project.

D.   Subcontracting: Contractor shall not assign or subcontract any of its rights or responsibilities
     under this Contract without prior formal written amendment to this Contract properly executed
     by both XXX and Contractor.

E.   Encumbrances/Obligations: All encumbrances, accounts payable, and expenditures shall
     occur on or between the beginning and ending dates of this Contract. All goods must have
     been received and all services rendered during the Contract period in order for Contractor to
     recover funds due. In no manner shall encumbrances be considered or reflected as accounts
     payable or as expenditures.

F.   Contractor's Proposal: Contractor’s proposal that was furnished to XXX in response to a
     request for proposal is incorporated in this Contract by reference. The provisions of this
     Contract shall prevail, however, in all cases of conflict arising from the terms of Contractor's
     proposal whether such proposal is a written part of this Contract or is attached as a separate
     document.

G.   Requirements, Terms, Conditions, and Assurances: The terms, conditions, and
     assurances, which are stated in the Request for Proposal, in response to which Contractor
     submitted a proposal, are incorporated herein by reference for all purposes, although the
     current General Provisions shall prevail in the event of conflict.

H.   Records Retention: Contractor shall maintain its records and accounts in a manner which
     shall assure a full accounting for all funds received and expended by Contractor in connection
     with the Contract Project. These records and accounts shall be retained by Contractor and
     made available for programmatic or financial audit by XXX and by others authorized by law or
     regulation to make such an audit for a period of not less than five years from the date of
     completion of the Contract Project or the date of the receipt by XXX of Contractor's final claim




                              - 16 -                                          Attachment B
     for payment or final expenditure report in connection with this Contract, whichever is later. If
     an audit has been announced, the records shall be retained until such audit has been
     completed.
     Contractor understands that acceptance of funds under this contract acts as acceptance of
     the authority of the State Auditor’s office, or any successor agency, to conduct an audit or
     investigation in connection with those funds. Contractor further agrees to cooperate fully with
     the State Auditor’s Office or its successor in the conduct of the audit or investigation,
     including providing all records requested. Contractor will ensure that this clause concerning
     the authority to audit funds received indirectly by subcontractors through Contractor and the
     requirements to cooperate is included in any subcontract it awards.

I.   Intellectual Property Ownership: Contractor agrees that all Works are, upon creation,
     works made for hire and the sole property of XXX. If the Works are, under applicable law, not
     considered works made for hire, Contractor hereby assigns to XXX all worldwide ownership
     of all rights, including the Intellectual Property Rights, in the Works, without the necessity of
     any further consideration, and XXX can obtain and hold in its own name all such rights to the
     Works. Contractor agrees to maintain written agreements with all officers, direc tors,
     employees, agents, representatives and subcontractors engaged by Contractor for the
     Contract Project, granting Contractor rights sufficient to support the performance and grant of
     rights to XXX by Contractor. Copies of such agreements shall be provided to XXX promptly
     upon request.
     Contractor warrants that (i) it has the authority to grant the rights herein granted, (ii) it has not
     assigned or transferred any right, title, or interest to the Works or Intellectual Property Rights
     that would conflict with its obligations under the Contract, and Contractor will not enter into
     any such agreements, and (iii) the Works will be original and will not infringe any intellectual
     property rights of any other person or entity. These warranties will survive the termination of
     the Contract. If any preexisting rights are embodied in the Works, Contractor grants to XXX
     the irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license to (i) use,
     execute, reproduce, display, perform, distribute copies of, and prepare derivative works based
     upon such preexisting rights and any derivative works thereof and (ii) authorize others to do
     any or all of the foregoing. Contractor agrees to notify XXX on delivery of the Works if they
     include any such preexisting rights.          On request, Contractor will provide XXX with
     documentation indicating a third party’s written approval for Contractor to use any preexisting
     rights that may be embodied or reflected in the Works.
     For School Districts and Nonprofit Organizations: The foregoing Intellectual Property
     Ownership provisions apply to any school districts, nonprofit organizations, and their
     employees, agents, representatives, consultants and subcontractors.
     For Education Service Centers (ESCs): The foregoing Intellectual Property Ownership
     provisions apply to an Education Service Center (ESC) and its employees, agents,
     representatives, consultants, and subcontractors. If an ESC or any of its subcontractor(s)
     wish to obtain a license agreement to use, advertise, offer for sale, sell, distribute, publicly
     display, publicly perform or reproduce the Works, or make derivative works from the Works,
     then express written permission must first be obtained from XXX Legal Division.
     For Colleges and Universities: The foregoing Intellectual Property Ownership provisions
     apply to any colleges and universities and their employees, agents, representatives,
     consultants, and subcontractors; provided, that for all Works created or conceived by colleges
     or universities under the Contract, they are granted a non-exclusive, non-transferable, royalty-
     free license to use the Works for their own academic and educational purposes only.
     Colleges and universities are prohibited, however, from advertising, offering for sale, selling,
     distributing, publicly displaying, publicly performing, or reproducing the Works, or making
     derivative works from the Works, that are created or conceived under this Contract, without
     the express written permission of XXX Legal Division.

J.   Sanctions for Failure to Perform or for Noncompliance: If Contractor, in XXX's sole
     determination, fails or refuses for any reason to comply with or perform any of its obligations
     under this Contract, XXX may impose such sanctions as it may deem appropriate. This
     includes but is not limited to the withholding of payments to Contractor until Contractor
     complies; the cancellation, termination, or suspension of this Contract in whole or in part; and
     the seeking of other remedies as may be provided by this Contract or by law. Any




                                - 17 -                                           Attachment B
     cancellation, termination, or suspension of this Contract, if imposed, shall become effective at
     the close of business on the day of Contractor's receipt of written notice thereof from XXX.

K.   Contract Cancellation, etc.: If this Contract is cancelled, terminated, or suspended by XXX
     prior to its expiration date, the reasonable monetary value of services properly performed by
     Contractor pursuant to this Contract prior to such cancellation, termination or suspension
     shall be determined by XXX and paid to Contractor as soon as reasonably possible.

L.   Refunds Due to XXX: If XXX determines that XXX is due a refund of money paid to
     Contractor pursuant to this Contract, Contractor shall pay the money due to XXX within 30
     days of Contractor's receipt of written notice that such money is due to XXX. If Contractor fails
     to make timely payment, XXX may obtain such money from Contractor by any means
     permitted by law, including but not limited to offset, counterclaim, cancellation, termination,
     suspension, total withholding, and/or disapproval of all or any subsequent applications for
     said funds.

M.   Capital Outlay: If Contractor purchases capital outlay (furniture and/or equipment) to
     accomplish the Contract Project, title will remain with Contractor for the period of the
     Contract. XXX reserves the right to transfer capital outlay items for Contract noncompliance
     during the Contract period or as needed after the ending date of the Contract. This provision
     applies to any and all furniture and/or equipment regardless of unit price and how the item is
     classified in Contractor's accounting record.

N.   XXX Property (terms): In the event of loss, damage or destruction of any property owned by
     or loaned by XXX while in the custody or control of Contractor, Contractor shall indem nify
     XXX and pay to XXX the full value of or the full cost of repair or replacement of such property,
     whichever is the greater, within 30 days of Contractor's receipt of written notice of XXX's
     determination of the amount due. This applies whether the property is developed or
     purchased by Contractor pursuant to this Contract or is provided by XXX to Contractor for use
     in the Contract Project. If Contractor fails to make timely payment, XXX may obtain such
     money from Contractor by any means permitted by law, including but not limited to offset or
     counterclaim against any money otherwise due to Contractor by XXX.

O.   State of XXX Laws: In the conduct of the Contract Project, Contractor shall be subject to XXX
     State Board of Education rules pertaining to this Contract and the Contract Project, and to the
     laws of the State of XXX governing this Contract and the Contract Project. This Contract
     constitutes the entire agreement between XXX and Contractor for the accomplishment of the
     Contract Project. This Contract shall be interpreted according to the laws of the State of XXX
     except as may be otherwise provided for in this Contract.

P.   Federal Regulations Applicable to All Federally Funded Contracts:
     1.      For Local Education Agencies???? (LEAs): 28 CFR 35 Subparts A-E, 28 CFR 36
     Subparts C & D, Appendix A, 29 CFR 1630, 34 CFR 75 or 76 as applicable, 77, 79, 80, 81,
     82, 85, 99, 104, 47 CFR 0 and 64, and OMB
     Circulars A-87 (Cost Principles) and A-133 (Audits);
     2.      For Education Service Centers (ESCs): 28 CFR 35 Subparts A-E, 28 CFR 36
     Subparts C & D, Appendix A, 29 CFR 1630, 34 CFR 75 or 76 as applicable, 77, 79, 80, 81,
     82, 85, 99, 104, 47 CFR 0 and 64, and OMB Circulars A-87 (Cost Principles) and A-133
     (Audits);
     3.      For Institutions of Higher Education (IHEs): 28 CFR 35 Subparts A-E, 28 CFR 36
     Subparts C & D, Appendix A, 29 CFR 1630, 34 CFR 74, 77, 79, 81, 82, 85, 99, 104, OMB
     Circular A-21 (Cost Principles), 47 CFR 0 and 64, OMB Circular A-133 (Audits), and OMB
     Circular A-110 (Uniform Administrative Requirements);
     4.      For Nonprofit Organizations: 28 CFR 35 Subparts A-E, 28 CFR 36 Subparts C & D,
     Appendix A, 29 CFR 1630, 34 CFR 74, 77, 79, 81, 82, 85, 99, 104, 47 CFR 0 and 64, OMB
     Circulars A-122 (Cost Principles) and A-133 (Audits), and OMB Circular A-110 (Uniform
     Administrative Requirements);
     5.      For State Agencies: 28 CFR 35 Subparts A-E, 28 CFR 36 Subparts C & D, Appendix
     A, 29 CFR 1630, 34 CFR 76, 80, 81, 82, 85, 99, 104, 47 CFR 0 and 64, OMB Circulars A-87




                               - 18 -                                         Attachment B
     (Cost Principles) and A-133 (Audits), and OMB Circular A-110 (Uniform Administrative
     Requirements); and
     6.     For Commercial (for-profit) Organizations: 29 CFR 1630 and 48 CFR Part 31.


Q.   Payment for service(s) described in this Contract is contingent upon satisfactory completion
     of the service(s). Satisfaction will be determined by XXX's Project Administrator, in his sole
     discretion but in accordance with reasonable standards and upon advice of his superiors in
     XXX, if necessary. The Project Administrators of this Contract for XXX and Contractor shall
     be the following persons or their successors in office:
      XXX                                   CONTRACTOR
                                                 (Name)
                                                (Organization Name)
      XXX State Department                      (Address)
      Address                                   (City, State, Zip)
                                                (Phone)
                                                (Fax)

R.   All notices, reports and correspondence required by this Contract shall be in writing and
     delivered to the following representatives of XXX and Contractor or their successors in office:
      XXX                                      CONTRACTOR
      Name                                          (Name)
      Deputy Commissioner of Education             (Organization Name)
      XXX State Department                         (Address)
      Address                                      (City, State, Zip)
                                                   (Phone)
                                                   (Fax)
      ATTN:

S.   Time and Effort Recordkeeping: For those personnel whose salaries are prorated between
     or among different funding sources, time and effort records will be maintained by Contractor
     that will confirm the services provided within each funding source. Contractor must adjust
     payroll records and expenditures based on this documentation. This requirement applies to all
     projects, regardless of funding source, unless otherwise specified. For federally funded
     projects, time and effort records must be in accordance with the requirements in the
     applicable OMB cost principles.

T.   Federal Rules, Laws, and Regulations That Apply to all Federal Programs: Contractor
     shall be subject to and shall abide by all federal laws, rules, and regulations, pertaining to the
     Contract Project, including, but not limited to:
     1. Americans With Disabilities Act, P.L. 101-336, 42 U.S.C. sec. 12101, and the regulations
          effectuating its provisions contained in 28 CFR Parts 35 and 36, 29 CFR Part 1630, and
          47 CFR Parts 0 and 64;
     2. Title VI of the Civil Rights Act of 1964, as amended (prohibition of discrimination by race,
          color, or national origin), and the regulations effectuating its provisions contained in 34
          CFR Part 100;
     3. Title IX of the Education Amendments of 1972, as amended (prohibition of sex
          discrimination in educational institutions) and the regulations effectuating its provisions
          contained in 34 CFR Part 106, if Contractor is an educational institution;
     4. Section 504 of the Rehabilitation Act of 1973, as amended (nondiscrimination on the
          basis of handicapping condition), and the regulations effectuating its provisions contained
          in 34 CFR Parts 104 and 105.
     5. The Age Discrimination Act of 1975, as amended (prohibition of discrimination on basis
          of age), and the implementing regulations contained in 34 CFR, Part 110;
     6. Family Educational Rights and Privacy Act of 1975, as amended, and the implementing
           regulations contained in 34 CFR, Part 99, if Contractor is an educational institution;




                               - 19 -                                          Attachment B
       7.   Section 509 of H.R. 5233 as incorporated by reference in P.L. 99-500 and P.L. 99-591
            (prohibition against the use of federal grant funds to influence legislation pending before
            Congress);
       8.   P.L. 103-227, Title X, Miscellaneous Provisions of the GOALS 2000: Educate America
            Act; P.L. 103-382, Title XIV, General Provisions of the Elementary and Secondary
            Education Act, as amended; and
       9.   General Education Provisions Act, as amended.

U.     Forms, Assurances, and Reports: Contractor shall timely make and file with the proper
       authorities all forms, assurances and reports required by federal laws and regulations. XXX
       shall be responsible for reporting to the proper authorities any failure by Contractor to comply
       with the foregoing laws and regulations coming to XXX's attention, and may deny payment or
       recover payments made by XXX to Contractor in the event of Contractor's failure so to
       comply. Contractor who is indebted or owes delinquent taxes to the state will have any
       payments under the Contract applied toward the debt or delinquent taxes owed the state until
       the amount is paid in full, regardless of when the debt or delinquency was incurred. This
       provision does not apply if the warrant or transfer results in payments being made in whole or
       in part with money paid to the state by the Federal Government.

V.     Signature Authority; Final Expression; Superseding Document: Contractor certifies that
       the person signing this Contract has been properly delegated this authority. The Contract
       represents the final and complete expression of the terms of agreement between the parties.
       The Contract supersedes any previous understandings or negotiations between the parties.
       Any representations, oral statements, promises or warranties that differ from the Contract
       shall have no force or effect. The Contract may be modified, amended or extended only by
       formal written amendment properly executed by both XXX and Contractor.

W.     Unfair Business Practices: By signing this Contract, Contractor, if other than a state agency,
       certifies that Contractor, within the preceding 12 months, has not been found guilty, in a
       judicial or state agency administrative proceeding, of unfair business practices. Contractor, if
       other than a state agency, also certifies that no officer of its company has, within the
       preceding 12 months, served as an officer in another company which has been found, in a
       judicial or state agency administrative proceeding, to be guilty of unfair business practices.

       Contractor, whether a state agency or not a state agency, certifies that no funds provided
       under this Contract shall be used to purchase supplies, equipment, or services from any
       companies found to be guilty of unfair business practices within 12 months from the
       determination of guilt.

 X.   Family Code Applicability: By signing this Contract, Contractor, if other than a state agency,
      certifies that under YOUR STATE’S CODE HERE , that Contractor is not ineligible to receive
      payment under this Contract and acknowledges that this Contract may be terminated and
      payment may be withheld if this certification is inaccurate. XXX reserves the right to terminate
      this Contract if Contractor is found to be ineligible to receive payment. If Contractor is found to
      be ineligible to receive payment and the Contract is terminated, Contractor is liable to XXX for
      attorney’s fees, the costs necessary to complete the Contract, including the cost of advertising
      and awarding a second contract, and any other damages or relief provided by law or equity.


Y.     Dispute Resolution: The dispute resolution process provided for in YOUR STATE’S CODE
       HERE of the XXX Government Code must be used by XXX and Contractor to attempt to
       resolve all disputes arising under this Contract.

Z.     Interpretation: In the case of conflicts arising in the interpretation of wording and/or meaning
       of various sections, parts, Appendices, General Provisions, Special Provisions, Exhibits, and
       Attachments or other documents, the XXX Contract and its General Provisions, Appendices
       and Special Provisions shall take precedence over all other documents which are a part of
       this contract.




                                 - 20 -                                          Attachment B
             AA.       Education Service Center: No funds transferred to Regional Education Service Centers or to
                       school districts may be used to hire a registered lobbyist.

    3.       Proposer has read, understands, and agrees to be bound to the terms and conditions stated in the
             following ―Special Provisions – A‖ if a contract is awarded to Proposer pursuant to this RFP. The
             following ―Special Provisions – A‖ which will be included in the contractual terms for any contract
             awarded under this RFP are included in sample format as follows:

             A.    The definitions of terms in the General Provisions shall apply to these Special Provisions - A.

             B.    Contractor shall provide to Agency, Contractor's nine (9) digit Federal Employer's Identification
                   Number (FEI#) or Social Security Number (SSN) if Contractor is an individual, or Contractor's
                   fourteen (14) digit State of XXX Vendor's Identification Number (VIN). If Contractor is
                   incorporated, Contractor shall also provide to Agency the corporation's charter number issued by
                   the XXX Secretary of State's office. Information provided by the contractor will be verified by the
                   Agency.
                                    Contractor’s FEI#
                                    Contractor’s SSN
                                    Contractor’s VIN
                                    Contractor’s charter #


             C.    XXX shall determine whether a payment law prohibits the Comptroller from issuing a warrant or
                   initiating an electronic funds transfer to a person before the agency enters into a written contract
                   with that person. Contractor who is indebted or owes delinquent taxes to the state will have any
                   payments under the contract applied toward the debt or delinquent taxes owed the state until the
                   amount is paid in full, regardless of when the debt or delinquency was incurred.
             Contractor may verify their account status by accessing the Comptroller’s website at: URL XXX. If the
             account status message is ―on vendor hold,‖ the contractor is advised to contact the Comptroller’s
             Division of Revenue Accounting at PHONE NUMBER for assistance in resolving the issue.
The undersigned is an authorized official for the Proposer and certifies that the proposal submitted with this
―Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences‖ instrument is in full compliance
with the provisions expressly stated above. I further certify that the proposal submitted with this instrument is
allowed to claim any of the YOUR STATE’S CODE HERE preferences checked below:

The proposer, if selected as the contractor, will be required to purchase products and materials produced in this
state when they are available at a price and time comparable to products and materials produced outside of XXX
(YOUR STATE’S CODE HERE).

Check below if claiming a preference included in YOUR STATE’S CODE HERE of the XXX Government Code and
in Rule 1 TAC 113.8
     xxx                Products of persons with mental or physical disabilities
     xxx                Energy efficient products
     xxx                Rubberized asphalt paving material
     xxx                XXX produced supplies, materials, or equipment; or USA supplies, materials, or equipm ent
                        over foreign products
     xxx                Services offered by a XXX bidder
     xxx                XXX agriculture products
     xxx                Recycled, remanufactured, or environmentally sensitive products made of recycled materials
     xxx                Paper containing recycled fibers
     xxx                Recycled motor oil and lubricants
     xxx                Products produced in facilities on rehabilitated property as certified by section 361.609 of the
                        XXX Health and Safety Code




                                                 - 21 -                                         Attachment B
     xxx                Products and services from economically depressed or blighted areas
     xxx                Products and services from Historically Underutilized Business or small business pursuant
                        to the goals and objectives stated in chapter 2161 of the XXX Government Code


In compliance with this RFP, and subject to all the conditions herein, the undersigned offers and agrees to furnish
any or all commodities or services at the prices quoted in the proposal or bid. By signing this proposal, the proposer
signifies that if a XXX address is shown as the address of the proposer, the proposer qualifies as a XXX Resident
Bidder as defined in xxx.

PROPOSER/COMPANY NAME:

STREET ADDRESS:

CITY/STATE/ZIP:

TELEPHONE NO.:

FACSIMILE NO.:

EMAIL ADDRESS:

NAME OF PROPOSER’S
AUTHORIZED AGENT:

TITLE OF PROPOSER’S
AUTHORIZED AGENT:

SIGNATURE OF AUTHORIZED
AGENT:




                                                - 22 -                                         Attachment B
DEFINITION OF HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

(INSERT YOUR STATE’S CODE HERE)

(2) SAMPLE: "Historically underutilized business" means an entity with its principal place of business in
    this state that is:
             (A) a corporation formed for the purpose of making a profit in which 51 percent or more of all
                 classes of the shares of stock or other equitable securities are owned by one or more
                 economically disadvantaged persons who have a proportionate interest and actively
                 participate in the corporation's control, operation, and management;
            (B) a sole proprietorship created for the purpose of making a profit that is completely owned,
                operated, and controlled by an economically disadvantaged person;
            (C) a partnership formed for the purpose of making a profit in which 51 percent or more of
                the assets and interest in the partnership are owned by one or more economically
                disadvantaged persons who have a proportionate interest and actively participate in the
                partnership's control, operation, and management;
            (D) a joint venture in which each entity in the venture is a historically underutilized business,
                as determined under another paragraph of this subdivision; or
            (E) a supplier contract between a historically underutilized business as determined under
                another paragraph of this subdivision and a prime contractor under which the historically
                underutilized business is directly involved in the manufacture or distribution of the goods
                or otherwise warehouses and ships the goods.

(3) "Economically disadvantaged person" means a person who is economically disadvantaged because of
     the person's identification as a member of a certain group, including Black Americans, Hispanic
     Americans, women, Asian Pacific Americans, and Native Americans, and who has suffered the
     effects of discriminatory practices or other similar insidious circumstances over which the person has
     no control.




                                            - 20 -                                     Attachment C
HUB Subcontracting Plan (HSP) – SAMPLE DOCUMENT
                                                                YOUR STATE’S CODE HERE


                                                                                                                             Contract Value          Contract Value
    Where Subcontracting Opportunities are Probable Under the Contract, the Proposer will:
                                                                                                                             < $100,000              ≥ $100, 000
1   Make a good faith effort to award subcontracts to historically underutilized businesses (HUBs) in accordance with        RECOMMENDED                 REQUIRED
    the following percentages:
    • 20% for service contracts.
2   State in the proposal submitted in response to this RFP whether it is a XXX certified HUB and whether one or more        RECOMMENDED                 REQUIRED
    contractors will be used to perform the contract. The proposer must also specify in the proposal the expected total
    percentage of work, if any, to be subcontracted and the percentage to be subcontracted to HUBs.
3   When the proposer is a HUB, it must satisfy the good faith effort requirements by performing at least 25% of the             REQUIRED                REQUIRED
    contract work with its employees as defined by the Internal Revenue Service. The HUB proposer may subcontract
    the remaining 75% of the contract with HUB or non-HUB subcontractors. Proposers that seeks to satisfy the good                Complete
    faith effort requirement in this manner shall report quarterly to the XXX (XXX), in the form required by the agency,
    the volume of work performed under the contract and the portion of the work that was performed with its
                                                                                                                              HSP-HUB-LOI for
    employees. If a HUB proposer performs less than 25% of the cumulative total contract with its employees, then for
                                                                                                                             contracts valued at <
    the next quarter, the proposer shall report its subcontractors as required by a non-HUB proposer.
                                                                                                                                   $100,000.

4   Divide the contract work into reasonable lots to the extent consistent with prudent industry practices.                  RECOMMENDED                 REQUIRED

5   The proposer shall be presumed to have made a good faith effort by complying with the provisions in this
    attachment, which will be incorporated into the contract between XXX and the selected proposer, to include:
    HUB Subcontracting Plan (HSP)  Required for Contracts with a Value of $100,000 or MORE                                   RECOMMEDED
                                                                                                                                                         REQUIRED
      FORMS A AND B (Parts 1 & 2):
                                                                                                                                                        Must Include
              Letter of Intent (HSP-HUB-LOI): Use this form to identify subcontractors selected for the work on
                 the contract, the expected percentage of work to be subcontracted, and the approximate dollar
                 value of that percentage of work (Form A);
                                                                                                                             *DGFE does not include the success or
                   Determination of Good Faith Effort (HSP-DGFE): Proposers are required to submit documentation            failure of the contractor to subcontract
                    demonstrating their good faith effort. Use this form to document a good faith effort in developing       with HUBs in any specific quantity. It is
                    the HSP (Form B, Parts 1 and 2).                                                                         restricted to, but not limited to the factors
                                                                                                                             outlined in these instructions.
        OR, FORM C (when prime proposer intends to perform all the work with no subcontractors)
               Subcontracting Opportunities Exist, but No Subcontractors will be Used: If the proposer intends to
                 complete the work of the contract with its employees and resources without subcontracting, the
                 HSP must include: Statement of Intent (HSP-SOI): Form C.




                                                                    - 21 -                                    Attachment D
6    Advertise HUB subcontracting opportunities in general circulation, trade association, and/or minority/woman focus    RECOMMENDED       REQUIRED
     media concerning subcontracting opportunities.
7    Notify three or more HUBs, who perform the type of work required, of the subcontracting opportunity. Official
                                                                                                                          RECOMMENDED       REQUIRED
     written documentation (i.e., telephone logs, fax transmittals, etc.) demonstrating compliance must be provided.
     a. Notice includes a description of the work, information regarding the location to review plans and                                       Where
        specifications, information about bonding and insurance requirements, and identification of a contact                              subcontracting
        person. Written notice is preferred.                                                                                             opportunities have
                                                                                                                                         been identified as
     b. Advance notice ensures that potential HUB subcontractors are afforded a reasonable time to respond.                                probable in the
        “Reasonable time” may not be less than five working days from notification. Circumstances that                                    RFP, the agency
        require a different timeframe must be approved in advance by the Contracts Management and be                                    will provide a list of
        documented in the contract file.                                                                                                vendors (or provide
     c. Proposers may use the random list of vendors provided by the originating division in the RFP (when searching                     extant instructions
        for HUB subcontractors. For a complete list of XXX certified HUBs, proposers can access URL, or request the                     for the proposer on
        directory of certified HUBs from the XXX at ADDRESS, (PHONE).                                                                    how to generate a
                                                                                                                                        list of vendors from
                                                                                                                                              the CMBL.

8    Encourage a selected non-certified minority or woman-owned business subcontractor to apply for certification by
                                                                                                                          RECOMMENDED       REQUIRED
     the commission in accordance with the procedures set forth in YOUR STATE’S CODE HERE (relating to
     Certification Process).
9    If a non-HUB subcontractor is selected through means other than competitive bidding, or a HUB bid is the best
                                                                                                                          RECOMMENDED       REQUIRED
     value responsive proposer to a competitive bid invitation, but is not selected, the proposer must document reasons
     for the selection process.
10   Maintain business records documenting its compliance with YOUR STATE’S CODE HERE requirements as
                                                                                                                          RECOMMENDED       REQUIRED
     identified in this attachment and shall make a compliance report to XXX in the format required by the agency’s
                                                                                                                                        Complete Attachment
     contract documents. The contractor shall report for all months in which a payment was made to a HUB. The
                                                                                                                                           D of this RFP
     contractor shall report monthly for each month in which a payment was made to a HUB. If the contractor makes
     payment to a HUB on a quarterly basis, reporting will be quarterly.
11   XXX will ensure that a contractor has complied with the provisions in YOUR STATE’S CODE HERE as described
                                                                                                                          RECOMMENDED       REQUIRED
     in this attachment as a condition of awarding any contract.
12   Contractors who decide to subcontract after the contract award must notify XXX. An HSP must be developed and
                                                                                                                          RECOMMENDED       REQUIRED
     submitted by the contractor before subcontracting will be authorized.

     If the contractor subcontracts work without prior authorization and without complying with 1 TAC, §111.14, the
     contractor is deemed to have breached the contract and is subject to remedial actions provided by YOUR STATE’S
     CODE HERE. Non-performance relative to its contracts may be reported to the commission in accordance with 1
     YOUR STATE’S CODE HERE (relating to the Vendor Performance and Debarment Program).

FORMS: HUB Subcontracting Plan: Letter of Intent (YOUR STATE’S DOCUMENTS HERE)
       DGFE Parts 1 and 2, Statement of Intent (YOUR STATE’S DOCUMENTS HERE)




                                                                  - 22 -                                   Attachment D
HUB Progress Assessment Report (YOUR STATE’S DOCUMENTS HERE)




                                             - 23 -            Attachment D
                                                                                                                Form A
                                                                                                               SAMPLE
                                               SAMPLE
                                       HUB SUBCONTRACTING PLAN
                                   HUB LETTER OF INTENT (HSP-HUB-LOI)

                 IDENTIFICATION OF PROPOSER AS A HUB AND PROPOSED SUBCONTRACTS
         Submit regardless of the total contract value and regardless of status of proposer as a HUB


   Proposer: ________________________ Vendor Identification Number: _______________________


   Address: _______________________________________________________________________

   Phone: ____-____- _____ RFP No.: ______________ Contract Amount: _________________

   Description of Commodities/Specifications: ____________________________________________

   Duration of Contract: ____________________________________________ _________________

         A.     Identification of Proposer as a HUB
                Is the proposer a certified historically underutilized business (HUB)?
                         Yes              No

         B.     Proposed Subcontracts (Complete regardless of HUB Status)
                1. If selected as the contractor, do you intend to subcontract all or any part of the work to be
                   performed under this proposal?         Yes                   No
                                                     If yes, answer numbers 2 and 3 below.

                2.   a) What is the total percentage of the work you expect to subcontract?         _______%

                     b) What is the total percentage of the work you expect to subcontract to HUBs? _______%

                3.   The proposer intends to subcontract part or all of the work to the following subcontractors:
                     (Include all of the work to be subcontracted.)

Name/ Address of Subcontractor             $ Amount           % of         HUB?       Certificate     Description of materials/services
                                         Subcontracted        Total       (Y or N)     (VIN) #          performed under agreement
                                                             Contract                                     with the subcontractor




                                 USE ADDITIONAL PAPER AS NECESSARY.
                                            - 24 -                                                  Attachment D
                                                                                        Form B
                                                                                         Part 1
                                          SAMPLE
                                 HUB SUBCONTRACTING PLAN
                             DETERMINATION OF GOOD FAITH EFFORT

Proposer Name: _____________________ Contractor ID: ______________________

Address:
_____________________________________________________________________________

Phone: ____-____- _____           RFP No: ______________             Contract Amount:
________________


To determine whether a good faith effort has been made in the development of the HUB Subcontracting
Plan, proposers are required to submit supporting documentation demonstrating their good faith effort.
Please answer the following questions and provide the necessary documentation to support your
responses. Use additional sheets as required.
        1. Did your company divide the contract work into reasonable portions in accordance with
           prudent industry practices?




        2. Did your company send notices containing adequate information about bonding, insurance,
           the plans, the specifications, scope of work, and other requirements of the contract to three
           or more qualified HUBs allowing reasonable time for HUBs to participate effectively (include
           Part 2)?




        3. Did your company negotiate in good faith with qualified HUBs, not rejecting qualified HUBs
           who were the best value responsive bidder?




        4.   Did your company document reasons for rejection or meet with rejected HUBs to discuss the
             rejection?




        5.   Did your company advertise in general circulation, trade association, and minority/women
             focus media concerning subcontracting opportunities?




        6. Did your company assist non-certified HUBs to become certified?



NOTE: The contracting agency will review the supporting documentation submitted by the proposer to
determine if a good faith effort was made in accordance with applicable YOUR STATE’S CODE HERE
and the contract specifications. If it is determined that a good faith effort was not made, the proposal
shall be rejected as a material failure to comply with advertised specifications. The reasons for rejection
will be recorded in the project file.

                                           - 25 -                                     Attachment D
                                                                                                   Form B
                                                                                                    Part 2
                                          SAMPLE
                            HUB SUBCONTRACTING PLAN SOLICITATION
                             DETERMINATION OF GOOD FAITH EFFORT
Proposer Name: ____________________________________ Contractor ID: ______________

Address:
____________________________________________________________________________

Phone: ____-____-______ RFP No: _____________ Contact Name: _________________________

Are you certified as a XXX HUB? ___Yes ___No
If Yes, please provide your TBPC VIN/Certificate Number: _______.

Specific Subcontract Solicited:
___________________________________________________________

Proposer's Estimate of Approximate Dollar Value of Subcontract Advertised: _____________________

Identify each HUB to which a notice of solicitation was given. Attach a copy of each solicitation letter.

1. Name of HUB Subcontractor/Supplier:
   __________________________________________________
   Address:
_________________________________________________________________________
   Phone: _____-_____- ______ Owner(s):
________________________________________________
   If TBPC certified, enter Vendor Identification Number: _______________. If not TBPC certified,
   please complete the following information:

 Black American          Male     Female      Native American              Male      Female      Woman
 Hispanic American       Male     Female      Asian Pacific American       Male      Female

    Date certification packet delivered to HUB subcontractor _________________

2. Name of HUB Subcontractor/Supplier:
   __________________________________________________
   Address:
_________________________________________________________________________
   Phone: _____-_____- ______              Owner(s):
___________________________________________
   If XXX certified, enter Vendor Identification Number: _______________. If not XXX certified, please
   complete the following information:

 Black American          Male     Female      Native American              Male      Female      Woman
 Hispanic American       Male     Female      Asian Pacific American       Male      Female

    Date certification packet delivered to HUB subcontractor _________________

3. Name of HUB Subcontractor/Supplier:
   __________________________________________________
   Address:
_________________________________________________________________________

                                           - 26 -                                      Attachment D
   Phone:_____-_____- ______              Owner(s):
___________________________________________
   If TBPC certified, enter Vendor Identification Number: _______________. If not XXX certified,
   please complete the following information:

 Black American        Male     Female      Native American             Male      Female      Woman
 Hispanic American     Male     Female      Asian Pacific American      Male      Female

Date certification packet delivered to HUB subcontractor _________________




                                         - 27 -                                     Attachment D
                                                                                                 Form C

                                     HUB SUBCONTRACTING PLAN
                                   STATEMENT OF INTENT (HSP-SOI)
If the proposer can perform and intends to complete all the subcontracting opportunities identified by the
XXX with its employees and resources without benefit of subcontractors, the HUB Subcontracting Plan
must include their Statement of Intent.
By completing the following Statement of Intent, the proposer’s HUB Subcontracting Plan may be
considered responsive, qualified, and/or valid.

                         Are you certified as a XXX HUB? ___Yes ___No
                         If Yes, please provide your XXX VIN/Certificate Number: ____________.



                                         STATEMENT OF INTENT

I ____________________, an authorized representative of ____________________ (proposer) have
reviewed the purchase solicitations, and have determined that the entire work of the contract will be
completed with ____________________’s (proposer) own employees and internal resources without
subcontracting any portion of the contract.


I hereby agree to act in good faith and understand that if my company is awarded the contract, that as a
provision of this contract, I agree to complete all subcontracting opportunities identified by the agency,
with my company’s resources and to report information to the XXX regarding my performance of the
contract as specified.


If circumstances necessitate the use of any subcontractors, I agree to seek the timely authorization by the
contracting agency and adhere to the provisions of YOUR STATE’S CODE HERE (relating to the
submission of HUB Subcontracting Plan documents). I also agree and understand that if I fail to comply
with this Statement of Intent, I will be in breach of the performance of the contract.

_________________________________                               _____________________________
Printed Name of Proposer                                        Signature of Proposer

Date: ___________________________________

Note: If the selected contractor subcontracts any part of the contract after the award, the contractor must
seek authorization and comply with provisions of YOUR STATE’S CODE HERE, prior to any
modifications or performance in the contract involving subcontracting. If the contractor subcontracts any
of the work without prior authorization and without complying with contract specifications or HUB
Subcontracting Plan, the contractor is deemed to have breached the contract. The contractor also is
subjected to any other remedial actions provided by YOUR STATE’S CODE HERE. The XXX also may
report non-performance to the XXX in accordance with the XXX’s Vendor Performance and Debarment
Program.



                                              - 28 -                                     Attachment D
                                                                                                              HSP  PAR
                            HSP PROGRESS ASSESSMENT REPORT
               DOCUMENTATION OF WORK SUBCONTRACTED WITH HUBs AND NON-HUBS


Contract Number:                          Contractor                                  Object Code
                                          Vendor                                      (XXX use
PO Number:
                                          Identification                              only)
                                          (VID) Number:
Contractor Name:
Date of Award:
Total Contract Amount Paid this Period to Contractor:
Month Being Reported:

                     PAYMENTS TO SUBCONTRACTORS (HUB and NON-HUB Reporting Required)

 Subcontractor       VID or XXX       HUB         Total Contract $  Total $ Amount Paid          Total Contract $    Object
   Name(s)           Certificate     Certified   Amount from Letter    This Period to            Amount Paid to       Code
                     Number for      YES/NO        of Intent with     Subcontractor                  Date to        (XXX use
                    Subcontractor                  Subcontractor                                  Subcontractor       only)




TOTAL REPORTED
                                                 $                    $                      $
Prime Contractor Instructions: Submit this form to the XXX Project Administrator every month in which a
payment is made to a HUB. If payments are quarterly, submit quarterly reports. Include payments to Non -HUB
subcontractors for each reporting period.
XXX will determine whether HUB payments meet or exceed the HUB subcontracting provisions specified in the
contract. XXX shall notify the contractor of any deficiencies. In the event of deficiencies, the contractor will have
the opportunity to submit documentation that explains why the failure to fulfill the HUB Subcontracting Plan (HSP)
should not be attributed to a lack of good faith effort.
            Complete if Prime Contractor is Also a HUB                                   Response
1.   HUB Prime Contractor Performed < 25% of the Contract Work                check if applicable
     Total Value of Work Performed by Prime Contractor:                      ______ (dollars and percentage)
     Total Value of Work Performed by HUB Subcontractor(s):                  ______ (dollars and percentage)
2.   HUB Prime Contractor Performs ≥ 25% of the Contract Work                 check if applicable


Printed Name: _____________________                       Title: _________________________________

Prime Contractor’s Signature: _________________________                   Date: ____________________

FOR XXX USE: I certify that payments reported are in accordance with the approved subcontracting plan.
Printed Name of XXX Project Administrator:                Signature of XXX Project Administrator:
                 _______________________________                    _____________________________________


                                                     29                                             Attachment E
Forward to HUB Coordinator in WBT RM 2-135 YOUR STATE’S CODE HERE




                                          30                        Attachment E
                        (SUGGESTED FORMAT FOR COVER PAGE)

                                PROJECT PROPOSAL

                                  Submitted to the
                               Document Control Center

                                            for
                                 Division of
                             State Department of Education
                             RFP No.: _______________

TITLE OF PROPOSED PROJECT:      (Formal title of Request for Proposal used by the XXX. The XXX
                                types this here.)

RESPONDENT ORGANIZATION:        (Name and address of organization submitting proposal.
                                Include zip code.)

RESPONDENT ORGANIZATION          (Show respondent organization's Federal Employer's
IDENTIFICATION NUMBER:          Identification Number or SSN if an individual. If respondent
                                organization is a corporation or if individual is incorporated, the
                                charter number of respondent organization or individual must
                                also be shown.)

PROPOSAL DEVELOPED BY:          (Name, position, and telephone number of person responsible
                                for development of proposal)

PROJECT ADMINISTRATOR:         (Name, position, and telephone number of person to be in charge
                               of proposed project)

PROPOSAL TRANSMITTED BY:        (Name, position, and telephone number of official committing the
                                respondent organization to the proposed project)

CONTRACTING OFFICER:            (Name, position, and telephone number of official with authority
                                to negotiate contracts for respondent organization)

DURATION OF PROJECT:            (Beginning and ending dates of proposed project)

TOTAL BUDGET                    (Total of projected expenditures listed in budget section)
FOR PROPOSED:
PROJECT:

CONTAINS PROPRIETARY             (Check this box, if the proposal being submitted contains
INFORMATION:                       proprietary information.)

ACCEPTANCE OF                    We hereby accept by the submission of the proposal the
TERMS AND CONDITIONS:             Terms and Conditions of the General Provisions.

DATE SUBMITTED:                 (Date proposal is submitted to XXX)




                                  - 31 -                                       Attachment F
                                                                                 SUGGESTED FORMAT FOR BUDGET SUMMARY AND EXPENDITURE REPORT
                State Fiscal Year/BY   2003                         The information in this expense summary report is true, correct, and unpaid. A schedule of itemized costs shall be submitted separately upon request of the TEA Contract Administrator.

                ISAS Contract          No. XXXX                     Signature of Certifying Official (Contractor): ____________________________________________________________.                    Date: _________________________

                ISAS PO                No. 00000XXXXX

                Vendor ID              XXXXXXXXXX
                                                                     I am employee of the TEA who has knowledge of the satisfactory delivery of services by the contractor, certify that these services were rendered to TEA or goods were received by TEA and that they correspond in every particular with the
                Project ID             XXXXXXXXXX                    agreement under which they were procured and that this invoice is true, correct, and unpaid.
                Billing Period         09/01/XX - 11/30/XX
                                                                     Signature of TEA Contract Administrator: ____________________________________________________________.                     Date: _________________________
                Invoice Number         XXXXXX




                                                                                                                                                     Approved
         Sub-                                                 Est'd Start     Est'd End                       TEA Approved          Percent
 Task              Task Description     Sub-Task/Activities                                   Org'l Budget                                           Adjusted            Sep              Oct              Nov            Dec             Jan             Feb              Mar             Apr             May         Jun       Jul       Aug       Year to Date   Bud Bal
         Task                                                    Date           Date                           Adjustments          Change
                                                                                                                                                      Budget


01      01.01                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

01      01.02                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

01      01.03                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

02      02.01                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

02      02.02                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

02      02.03                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

03      03.01                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

03      03.02                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

03      03.03                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

04      04.01                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

04      04.02                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

04      04.03                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

05      05.01                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

05      05.02                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

05      05.03                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

06      06.01                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

06      06.02                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

06      06.03                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

07      07.01                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

07      07.02                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

07      07.03                                                                                           -                                 0.00%               -                                                                                                                                                                                               -           -

TOTAL                                                                                                   -                 -                                   -                -                -                -              -               -               -                -               -                 -         -         -         -            -           -



01      N/A                            Subtotal 01                                                      -                 -               0.00%               -                -                -                -              -               -               -                -               -                 -         -         -         -            -           -

02      N/A                            Subtotal 02                                                      -                 -               0.00%               -                -                -                -              -               -               -                -               -                 -         -         -         -            -           -

03      N/A                            Subtotal 03                                                      -                 -               0.00%               -                -                -                -              -               -               -                -               -                 -         -         -         -            -           -

04      N/A                            Subtotal 04                                                      -                 -               0.00%               -                -                -                -              -               -               -                -               -                 -         -         -         -            -           -

05      N/A                            Subtotal 05                                                      -                 -               0.00%               -                -                -                -              -               -               -                -               -                 -         -         -         -            -           -

06      N/A                            Subtotal 06                                                      -                 -               0.00%               -                -                -                -              -               -               -                -               -                 -         -         -         -            -           -

07      N/A                            Subtotal 07                                                      -                 -               0.00%               -                -                -                -              -               -               -                -               -                 -         -         -         -            -           -

TOTAL                                                                                                   -                 -                                   -                -                -                -              -               -               -                -               -                 -         -         -         -            -           -



CHECK                                                                                                   -                 -                                   -                -                -                -              -               -               -                -               -                 -         -         -         -            -           -




                                                                                                                                                                                        - 32 -
                                                                                                                                                                                                                                                                                                                                                     Attachment G
                                  SCHEDULE OF TASK COMPLETION


Title of Proposed Project

Proposer Organization (Name)

Beginning and Ending Dates:                                    to


Task/Activity Numbers                                  Projected Completion Date and Cost by Task

                                                            Projected                          Projected
                                                         Completion Date                          Cost

Task No. 1 (title)

       Activities
       1. (list)                                       Month        , 20
       2. etc.

       Total Task No. 1                                                                     $xxxxx.xx

Task No. 2 (title)
      continued

       Total Task No. 2                                                                     $xxxxx.xx

Etc.


Total Budget                                                                                $xxxxx.xx


Cost may also be by activity if feasible but must be shown, at a minimum, for task total.

Selected proposer will be reimbursed for actual expenditures upon satisfactory performance of
services/completion of tasks and upon submittal of properly prepared and certified invoices/expenditure
reports.




                                          - 30 -                                     Attachment H
BACK COVER

(To the program manager developing this RFP: Use the two-sided back cover attached.)
                                                           XXX State Department
                                                                Address

                           This will acknowledge receipt of your proposal submitted under the Request for
                           Proposal for (exact title as shown on front cover) numbered (RFP No.: 701-XX-XXX).

                           Please reference the Document Control Number shown below in all correspondence
                           regarding this proposal.



                                              Document Control Number (Assigned by XXX)


                                                Proposal title (To be completed by proposer)


                                         Proposer’s contact person (To be completed by proposer)


                                CUT ALONG BROKEN LINE AND ATTACH TO FIRST COPY OF PROPOSAL



                                                  Proposal Receipt Acknowledgment

                           This postcard is provided to expedite the notification of receipt of your proposal in the
                           XXX State Department of Education Document Control Center. Cut out and self-address
                           this postcard so that it will be returned to the proper person at your organization.
                           Indicate any information that would be helpful to you in identifying this proposal.

                           Attach the postcard to the first copy of your proposal. This postcard will be returned to
                           you with the Document Control Number that will be assigned by the XXX State
                           Department of Education

                           If you fail to receive this notification of receipt of your proposal within fifteen (15) days
                           from the date you mailed the proposal, call:

                                                         XXX Department of Education
                                                           Document Control Center
                                                               Phone Number




(INSIDE OF BACK COVER - remove this line prior to printing)
                     Division No.:_____
                     XXX Dept. of Education
                     Address
                     Document Control Center
                                TO:
Division No.:_________




                                               DATED MATERIAL – OPEN IMMEDIATELY
Address
Agency
                                                      FIRST CLASS

								
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