Statement of Work (SOW)

for Automated Testing Service(s)

for Accessibility of
Web Content
Health and Human Services

SOW Number: 52900-7-2000153251

November 4, 2016
 Table of Contents

1. General Information ....................................................................................................................... 4

1.2 Background ................................................................................................................................. 4
1.3 HHSC Point of Contact ................................................................................................................ 4
2. Scope ................................................................................................................................................ 5
2.1 Outsourced Services ................................................................................................................... 5
2.2 Assumptions and Constraints ...................................................................................................... 5
2.3 Roles and Responsibilities .......................................................................................................... 5
3. Deliverables ...................................................................................................................................... 6
3.1 Deployment Planning Document.................................................................................................. 6
3.2 Proof of Concept ......................................................................................................................... 6
3.3 Testing......................................................................................................................................... 7
3.4 Accessibility Scan Results Report ............................................................................................... 7
4. Reports and Meetings ....................................................................................................................... 8
5. Service Level Agreement .................................................................................................................. 8
6. Period of Performance ...................................................................................................................... 8
7. Invoices ............................................................................................................................................. 9
7.1 Invoicing Process ........................................................................................................................ 9
7.2 Invoice Content ........................................................................................................................... 9
7.3 Invoice Frequency or Schedule ................................................................................................... 9
8. Vendor-Furnished Equipment and Work Space ................................................................................ 9
9. Additional Customer Terms and Conditions ...................................................................................... 9
9.1 Required Consents ................................................................................................................. 9
9.2 Audit Clause ............................................................................................................................. 10
9.3 Right to Audit ............................................................................................................................ 10
9.4 Buy Texas................................................................................................................................. 10
9.5 Termination in the Best Interest of the State .......................................................................... 10
9.6 HHS Confidential Information .................................................................................................. 10
9.7 Data Use Agreement (DUA) ...................................................................................................... 11
9.8 Assumptions and Exceptions .................................................................................................... 12
10. Contract Elements ....................................................................................................................... 12
10.1 HHSC’s Basic Philosophy: Contracting for Results ................................................................. 12
11. Historically Underutilized Business Participation ........................................................................... 13
12. Vendor Response ......................................................................................................................... 19
12.1 Structure of Response ............................................................................................................. 19
12.1.1 Section 1: Executive Summary ......................................................................................... 20
12.1.2 Section 2: Corporate Overview...................................................................................... 20
12.1.2.1 Vendor Contact Information........................................................................................ 20
12.1.2.2 Corporate Background and Experience ..................................................................... 20
12.1.3 Section 3: Project Team Organization, Résumés, and References .................................. 21
12.1.4 Section 4: Response to Requirements .............................................................................. 22
12.1.5 Section 5: Pricing .............................................................................................................. 22
12.2 Instructions for Submitting Responses .................................................................................... 22
13. Response Evaluation .................................................................................................................... 23
14. Procurement Timeline ................................................................................................................... 24
15. Change Request Process ............................................................................................................. 25
16. Appendices ................................................................................................................................... 26

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Appendix A. Test Service Requirements..................................................................................... 26
Appendix B. Acronyms List.......................................................................................................... 28
Appendix C - WCAG Compliance Checklist ................................................................................ 28

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 1. General Information
1
The Health and Human Services Commission (HHSC) Support Services Division seeks to procure a
service from an information technology Vendor to evaluate all HHS System internal and external
websites for compliance with the accessibility requirements outlined in World Wide Web
Consortium (W3C) Web Content Accessibility Guidelines 2.0 Level AA. Throughout this document
this citation is referred to as WCAG 2.0 AA.
The procured service will:
 Be a hosted/managed service
 crawl all HHS- owned and contracted internal and external websites and report accessibility
errors monthly ;
 provide the ability for HHS to run ad hoc tests of a full website, subfolders or file directories
within a website, and single web pages and
 provide monthly accessibility compliance reports describing the results of all tests
 Preference will be given to a solution that will test PDF content in addition to html content.

1.2 Background
Effective September 1, 2006, to comply with accessibility requirements in state rule 1 TAC
§206.50(d), state agencies must test all new or changed web page and site designs using one or
more Section 508 compliance tools in conjunction with manual procedures to validate compliance
with 1 TAC Chapter 206, State Websites.

The five HHS agencies (Health and Human Services Commission [HHSC], Department of Aging
and Disability Services [DADS], Department of Assistive and Rehabilitative Services [DARS],
Department of Family and Protective Services [DFPS], and Department of State Health Services
[DSHS] currently share an accessibility testing tool. The contract for this service expires August
31, 2017.

1.3 HHSC Point of Contact

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

Debbie Arbuckle, CTPM

Procurement and Contracting Services (PCS)
Texas Health and Human Services Commission
1100 W 49th St
Mail code: 2020
Austin, TX 78756
Phone: 512-406-2428
Email: debbie.arbuckle@hhsc.state.tx.us

All communications relating to this Solicitation must be directed to the HHSC contact person
named above. All communications between vendors and other HHS staff members
concerning this Solicitation are strictly prohibited. Failure to comply with these

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 requirements may result in proposal disqualification

2. Scope
2.1 Outsourced Services
The vendor will deploy, host, manage, and provide the HHS agencies with access to a web
application or software that will
 test each agency’s web content at least once per month for compliance with WCAG 2.0 AA
or other specified accessibility standards;
 identify and report specific accessibility errors, including the location of the error and a
recommended solution;
 provide monthly summary reports of compliance and errors;
 allow HHS staff to initiate and review accessibility tests on an ad hoc basis that may relate
to
o full websites,
o subfolders or file directories within a website,
o single web pages

 provide administrative, functional, and reporting features desired by HHS, as documented

in Appendix A of this Statement of Work (SOW).

2.2 Assumptions and Constraints

The following assumptions and constraints apply:
 HHS expects the ability to run ad hoc reports beginning September 1, 2017.
 HHS expects delivery of the first monthly test results no later than October 1, 2017.
 Deliverables must comply with HHSC’s Uniform Electronic and Information Resources (EIR)
Accessibility Clause.
 The vendor will work with agency staff to access all applications and sites included in the
tests.

2.3 Roles and Responsibilities

The HHSC contract manager will
 ensure compliance with the contract terms and conditions, as well as document any
changes during the contract execution;
 manage the contract to maximize operational performance and minimize risk;
 serve as primary Point of Contact for all vendor contractual issues;
 manage, review, and approve vendor’s invoices and deliverables for conformance with the
contract;
 review contract project budgeting and cost tracking; and
 validate timely submission of deliverables.

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 HHS Agency EIR accessibility coordinators will
 review test results with vendor monthly or as needed,
 manage access to ad hoc testing functions for designated agency staff,
 serve as the Vendor’s Point of Contact for each agency, and
 determine the disposition of all errors reported by the testing tool.

The Vendor Service Manager will

 set up and run the contracted service for each agency,
 participate in monthly reviews of test results with agency EIR Accessibility Coordinators,
and
 resolve all issues with access to or functionality of the contracted service.

3. Deliverables
3.1 Deployment Planning Document
Content
The Deployment Planning Document will contain the following information to describe the
deployment of the testing tool software in the hosted environment:
 a list of key vendor staff members involved in the deployment,
 an assessment and prioritization of monitoring requirements,
 a high-level architectural review of the website(s) that will be tested as part of the
deployment, and
 a reporting segmentation plan that effectively isolates content by owner groups.
Delivery
The Vendor will deliver one copy of the Deployment Planning Document in an accessible
electronic format to the primary Point of Contact by May 1, 2017
The Vendor will meet with the HHSC Contract Manager and EIR Accessibility Coordinators no later
than June 1, 2017, to review and accept the deployment planning document.

3.2 Proof of Concept

Content
The proof of concept in the vendor’s environment will enable HHS staff to evaluate the test tool in
a predictable manner with a hands-on lab approach. This approach provides HHS with example
test results from the HHS agencies’ public websites and intranets. The proof of concept also will
demonstrate the functionality of login, administrative, and reporting interfaces.

Delivery
Vendor will deliver the following proof of concept plans in an accessible electronic format to the
HHSC Contract Manager by May 15, 2017:
 deployment and environment customization plan, and
 high-level project plan.

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Vendor will deliver project proof of concept to the HHS Contract Manager by June 1, 2016.

3.3 Testing
Content
Vendor will provide the ability for agency and contracted staff members to test web content for
accessibility.

Delivery
Test each agency’s web content at least once per month for compliance with WCAG 2.0 AA or
other specified accessibility standards. This is referred to as a “Accessibility Scan Results” in this
SOW, may include:
 the agency’s websites and applications hosted on Internet, extranet, and intranet sites;
 public facing content hosted through HHS contracted vendors.

3.4 Accessibility Scan Results Report

Content
The Accessibility Scan Results Report contains issues or items identified through the
Accessibility Scan. The types of issues identified in the Report will be based on WCAG 2.0 AA
standards for accessibility.

The reports will be exportable to an accessible format to allow distribution and archiving.

Delivery
Vendor will make the Accessibility Scan Results Report available online to the HHS agencies

 at the conclusion of each testing period, and

 until removed or exported archived by the EIR Accessibility Coordinator, or
 the contract expires.

Local test appliance/capability:

Vendor will provide access to the automated testing tool, allowing authorized agency and
contracted staff members to run ad hoc accessibility reports by September 1, 2017.

Any changes to delivery dates require prior written approval by the HHSC Contract Manager or
designee.

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4. Reports and Meetings
The Vendor will meet at least monthly or as needed with the agency EIR Accessibility Coordinators
and other designated staff members to discuss any issues with or questions about the reports, or
problems with the tool. These meetings may be held by telephone or web conference.

5. Service Level Agreement

The Vendor agrees to provide the following services:
 The tool and the reports will be available, at a minimum, during standard HHS business hours,
Monday through Friday, 6:00 a.m. until 6:00 p.m. CST/CDT.
 Ad hoc testing will be available, at a minimum, during standard HHS business hours, Monday
through Friday, 6:00 a.m. to 6:00 p.m. CST/CDT.
MAINTENANCE
 Planned maintenance will be performed outside standard HHS business hours. The Vendor will
provide the HHSC Contract Manager with an estimate of down-time and plan for remediation
24 hours before the outage.
 In the event of an unplanned system outage, the Vendor will provide the HHSC Contract
Manager with an estimate of down-time and plan for remediation within two hours of the
outage. If the outage exceeds one business day, the Vendor will provide daily progress
updates to the HHSC Contract Manager until the issues are resolved.
 For outages greater than one business day, the Vendor will forfeit revenue for the service on a
pro rata basis.
PERFORMANCE
 The tool will accurately report accessibility issues and identify all pages with errors.
 The Vendor will comply with the HHS Information Security Policy (HHS Circular C-021 HHS
Enterprise Information Security Policy) and the HHS Enterprise Information Security Standards
and Guidelines.
 Monthly tests for each HHS agency will be run within the first five business days of each
month, or as agreed to by the agency's EIR Accessibility Coordinator, the Vendor Service
Manager, and the HHSC Contract Manager.
 Monthly test reports will be available within three business days of the test.
 The tool will be updated within 30 days of any change to WCAG 2.0 AA to report compliance
within those standards.
 Testing will include up to 100,000 pages and/or PDF documents monthly not to include ad hoc
tests.

6. Period of Performance
The service will be available from contract date of award through August 31, 2019. HHSC reserves
the right to renew the contract each year for four additional one-year periods.

Renewal Year Maintenance Price

Renewal Year 1
Renewal Year 2
Renewal Year 3
Renewal Year 4

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7. Invoices
7.1 Invoicing Process
Invoices will describe the deliverable or milestone and the cost and will be pre-approved by the
HHSC Contract Manager. Invoices will be managed through HHSC Management Services and
Accounts Payable Manager and follow existing HHSC standards for processing and tracking.
The following is the invoicing process:
 Invoice is received from the Vendor by HHSC Management Services.
 HHSC Management Services will verify that the product(s) or service(s) have been received
and the invoice is correct.
 Management Services Invoicing submits invoice packet to HHSC accounts payable for
approval of payment.
 Management Services Invoicing receives approval for payment.
 HHSC Accounts Payable signs receipt and begins the payment process.

7.2 Invoice Content

Invoices must contain the following:
 invoice date,
 invoice number,
 service date,
 deliverable name (service name),
 purchase order number, and
 total dollar amount.

7.3 Invoice Frequency or Schedule

Vendor will invoice monthly for services provided the prior month.

8. Vendor-Furnished Equipment and Work Space

The service will be hosted on the Vendor’s servers.

9. Additional Customer Terms and Conditions

9.1 Required Consents
“Required consent” means any consent or approval required to give th e Vendor and its
subcontractors the right or license to access, use and/or modify (including creating derivative
works) the hardware, software, firmware and other products used, without infringing on the
license rights (including patent and copyright) of the providers or owners of such products.

HHSC is responsible for promptly obtaining and providing to the Vendor all required c onsents

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necessary for the Vendor to provide the services described in this SOW.

9.2 Audit Clause

Vendor will include the following clause in any subcontract that the Vendor awards:

Vendor understands that acceptance of funds under the awarded 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. Vendor further agrees to cooperate fully with the
State Auditor's Office or its successor in the conduct of the audit or investigation, including
providing records associated with the scope of the SOW.

9.3 Right to Audit

The State of Texas (the State) may conduct one or more audits or investigations, either directly or
through a duly authorized agent or representative that is subject to a binding nondisclosure
agreement, in connection with Vendor's acceptance of funds under the awarded contract. Vendor
agrees to cooperate fully in connection with such audits or investigations, including providing
records associated with the scope of the SOW.

Unless required by state law, the State’s auditor or any duly authorized third party's access to
Vendor's books and records does not include access to Vendor's confidential proprietary
information, including personnel, profit, or internal cost data.

9.4 Buy Texas

Vendor agrees to comply with Section 2155.4441 of the Texas Government Code pertaining to
service contract use of products produced in Texas.

9.5 Termination in the Best Interest of the State

The State may terminate the Agreement with 20 days prior written notice to Vendor and without
penalty to the State. The State is responsible for all fees associated with Vendor providing the
services under this Agreement. The date of termination will be specified in the State’s notice of
termination.

9.6 HHS Confidential Information

HHS “confidential information" means any communication or record (whether oral, written,
electronically stored or transmitted, or in any other form) that consists of
 confidential client information, including protected health information;
 all nonpublic budget, expense, payment and other financial information;
 all information designated as confidential under the Texas Public Information Act, Texas
Government Code, Chapter 552, provided Vendor has actual notice, or reasonably should
be aware of, such designation;
 all information designated or treated by HHS or any other state agency as confidential,
including information that is used, developed, received, or maintained by HHS, Vendor, or

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 participating state agencies for the purpose of fulfilling a duty or obligation under this
Agreement, provided Vendor has actual notice or reasonably should be aware of such
designation or treatment; and
 unless publicly disclosed by HHS or the State, the pricing, payments, and terms and
conditions of the Agreement.

Vendor will maintain the confidentiality of all HHS confidential information that is obtained by or in
connection with this Agreement. This includes the following obligations:
 Vendor must treat all information relating to applicants and recipients of HHS programs as
confidential.
 Vendor must not use any HHS confidential information obtained through performance of
this Agreement in any manner except as is necessary to the proper discharge of obligations
and securing of rights under the Agreement.
 Vendor must comply with any policy, rule, or reasonable requirement of HHS that applies
to Vendor as a provider of the kinds of work Vendor is providing under the Agreement,
provided that the policy, rule, or requirement is publicly available and relates to the
safeguarding or disclosure of information relating to HHS program recipients.
 Vendor must have a system in effect to protect HHS confidential information accessed or
maintained in connection with the Agreement. Any disclosure or transfer of HHS
confidential information by Vendor will be in accordance with applicable law.
 Vendor must promptly report to HHS any and all unauthorized disclosures or uses of HHS
confidential information of which it is aware or has knowledge.

With the exception of confidential client information, including protected health information, HHS
confidential information will not be afforded the protection of the Agreement if such information
was
 already known to Vendor without restrictions at the time of its disclosure by HHS,
 independently developed by Vendor without reference to HHS’s confidential information,
 rightfully obtained by Vendor without restriction from a third party after its disclosure by
HHS,
 publicly available other than through the fault or negligence of Vendor, or
 released by HHS without restriction to anyone.

9.7 Data Use Agreement (DUA)

All Respondents are notified that, by entering into contract, or purchase order, with a Texas Health &
Human Services agency, the Contractor agrees to be bound by the terms of the HHSC Data Use
Agreement (HHS-GC.DUA), Version 8.3. This DUA is the general version of data use agreement that
HHS agencies require of all contractors who will have access to agency confidential information. It is
available on the HHSC Business Opportunities webpage.

Information that explains the terms and conditions of the DUA and the laws requiring state agencies to
protect and safeguard agency confidential data can be found at:
http://www.hhsc.state.tx.us/about_hhsc/BusOpp/data-use-agreement.pdf

Contractor and subcontractor personnel may be required to sign the HHSC Acceptable Use Agreement

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 (AUA) if provided access to HHS information resources.

9.8 Assumptions and Exceptions

Respondent's proposal must state any business, economic, legal, programmatic, or practical
assumptions that underlie the Respondent’s proposal in response to the SOW. HHSC will
have the absolute and unconditional right to accept or reject any assumptions or exceptions.
All assumptions and exceptions not expressly identified and incorporated into the Contract
resulting from this SOW are deemed rejected by HHSC.

A Respondent's proposal should be responsive to this Statement of Work as it is worded, and

not with any assumption that any or all terms, conditions, or provisions of the SOW will be
negotiated. Furthermore, all proposals from a Respondent will constitute binding offers. Any
Proposal that includes any type of disclaimer or other statement indicating that the proposal
does not constitute a binding offer will be disqualified. Respondents are highly encouraged, in
lieu of including exceptions in their proposals, to address all issues that might be advanced by
way of exception by submitting such issues to HHSC as questions about the SOW. Any
exception included in a Respondent's proposal may result in that Respondent not being
awarded a Contract.

10. Contract Elements

The Contract (if any) awarded as a result of this Solicitation will include, at a minimum, the
following documents:

1) This Solicitation and all attachments and exhibits;

2) Any modifications, addenda or amendments issued in conjunction with this Solicitation;
3) HHSC Special Conditions - Version 1.0 (Attachment A); and HHSC Uniform Terms and
Conditions – Vendor, Version 2.12 (Attachment B) (UTCs); and
4) The Contractor's proposal, and any amendments or modifications thereto.
.

HHSC will have the right to negotiate additional contract terms and conditions. Each Respondent
is responsible for reviewing the Special Conditions and the UTCs and must note in its proposal
any exceptions, reservations, and limitations related to the UTCS and Special Conditions.

10.1 HHSC’s Basic Philosophy: Contracting for Results

HHSC’s fundamental commitment is to contract for results. HHS System defines a successful
result as the generation of defined, measurable, and beneficial outcomes that satisfy the contract
requirements and support the HHS System missions and objectives. This Solicitation describes
what is required of the Contractor in terms of services, deliverables, performance measures and
outcomes, and unless otherwise noted in the Solicitation, places the responsibility for how they
are accomplished on the Contractor.

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11. Historically Underutilized Business Participation

It is the policy of the Health and Human Services’ (HHS) HUB Program Office to include the
HUB Subcontracting Plan (HSP), when subcontracting opportunities are probable and a
contract has an expected value of $100,000 or more over and the HSP is applicable for the life
of the contract, which will also be applicable to any subsequent amendments and renewals
after award of the contract as related to the original HSP.

In addition to, and in accordance with, Texas Administrative Code Title 34, Part 1, Chapter 20,
Subchapter B, Rule §20.14, when the contractor is selected and decides to subcontract any
part of the contract after the award, as a provision of the contract, the contractor must comply
with the HSP provisions relating to developing and submitting a revised HSP before any
modifications or performance in the awarded contract involving subcontracting can be
authorized by the state agency.

HHSC has determined that subcontracting opportunities are probable for this RFP. As a result,
the respondent must submit an HSP with its proposal. The HSP is required whether a
respondent intends to subcontract or not.

In accordance with Texas Government Code Chapter 2161, Subchapter F, §2161.252 (b) a
proposal that does not contain a HUB Subcontracting Plan (HSP) is non-responsive; and in
accordance with Texas Administrative Code §20.14 (b) (3) Responses that do not include a
completed HUB subcontracting plan in accordance with this subsection shall be rejected
without further evaluation. In addition, if HHSC determines that the HSP was not
developed in good faith, it will reject the proposal for failing to comply with
material RFP specifications.

11.1 Introduction

The sole point of contact for HUB inquires:

Texas Health and Human Services Commission

Cheryl Bradley, HUB Coordinator
Phone: (512) 406-2529
E-mail: cheryl.bradley@hhsc.state.tx.us

HHSC is committed to promoting full and equal business opportunities for businesses in state
contracting in accordance with the goals specified in the State of Texas Disparity Study. HHSC
encourages the use of Historically Underutilized Businesses (HUBs) through race, ethnic and
gender-neutral means. HHSC has adopted administrative rules relating to HUBs and a Policy
on the Utilization of HUBs which is located on HHSC’s website.

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 Pursuant to Texas Government Code §2161.181 and §2161.182 and HHSC’s HUB policy and
rules, HHSC is required to make a good faith effort to increase HUB participation in its
contracts. HHSC may accomplish the goal of increased HUB participation by contracting
directly with HUBs or indirectly through subcontracting opportunities.

11.2 HHSC’s Administrative Rules

HHSC has adopted the CPA’s HUB rules as its own. HHSC’s rules are located in the Texas
Administrative Code Title 1, Part 15, Chapter 391, Subchapter G and the CPA rules are located
in Texas Administrative Code Title 34, Part 1, Chapter 20, Subchapter B. If there are any
discrepancies between HHSC’s administrative rules and this RFP, the rules shall take priority.

11.3 Statewide Annual HUB Utilization Goal

The CPA has established statewide annual HUB utilization goals for different categories
of contracts in Texas Administrative Code Title 34, Part 1, Chapter 20, Subchapter B, §20.13 of
the HUB rules. In order to meet or exceed the statewide annual HUB utilization goals,
HHSC encourages outreach to certified HUBs. Contractors shall make a good faith effort to
include certified HUBs in the procurement process.

This procurement is classified as an Other Services procurement under the CPA rule and
therefore has a statewide annual HUB utilization goal of 26% per fiscal year.

11.4 Required HUB Subcontracting Plan

Respondent must submit one (1) copy of the HSP, in accordance with the RFP, in a
separate sealed envelope, with the RFP submission, labeled: "HUB Subcontracting
Plan (HSP)", and include all supporting documentation in accordance with the HSP.

In the HSP, a Respondent must indicate whether it is a Texas certified HUB. Being a certified
HUB does not exempt a Respondent from completing the HSP requirement.

HHSC shall review the documentation submitted by the Respondent to determine if a good
faith effort has been made in accordance with solicitation and HSP requirements. During the
good faith effort evaluation, HHSC may, at its discretion, allow revisions necessary to clarify
and enhance information submitted in the original HSP.

If HHSC determines that the Respondent’s HSP was not developed in good faith, the HSP will
be considered non-responsive and will be rejected as a material failure to comply with
advertised specifications. The reasons for rejection shall be recorded in the procurement file.

11.5 CPA Centralized Master Bidders List

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Respondents may search for HUB subcontractors in the CPA’s Centralized Master Bidders List
(CMBL) HUB Directory, which is located on the CPA’s website at
http://www2.cpa.state.tx.us/cmbl/cmblhub.html. For this procurement, HHSC has identified
the following class and item codes for potential subcontracting opportunities:

11.5.1 National Institute of Governmental Purchasing (NGIP) Class/Item

Code(s):

920-30 Application Service provider (WEB Based Host)

209-54 Internet and WEB Site Software, Mainframe and Server

Respondents are not required to use, nor limited to using, the class and item codes identified
above, and may identify other areas for subcontracting.

HHSC does not endorse, recommend nor attest to the capabilities of any company or individual
listed on the CPA’s CMBL. The list of certified HUBs is subject to change, so Respondents are
encouraged to refer to the CMBL often to find the most current listing of HUBs.

11.5 HUB Subcontracting Procedures – If a Respondent Intends to Subcontract

An HSP must demonstrate that the Respondent made a good faith effort to comply with
HHSC’s HUB policies and procedures. The following subparts outline the items that HHSC will
review in determining whether an HSP meets the good faith effort standard. A Respondent
that intends to subcontract must complete the HSP to document its good faith efforts.

11.5.1.1 Identify Subcontracting Areas and Divide Them into

Reasonable Lots

A Respondent should first identify each area of the contract work it intends to subcontract.
Then, to maximize HUB participation, it should divide the contract work into reasonable lots or
portions, to the extent consistent with prudent industry practices.

11.5.1.2 Notify Potential HUB Subcontractors

The HSP must demonstrate that the Respondent made a good faith effort to subcontract with
HUBs. The Respondent’s good faith efforts shall be shown through utilization of all methods in
conformance with the development and submission of the HSP and by complying with the
following steps:

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 Divide the contract work into reasonable lots or portions to the extent consistent with prudent
industry practices. The Respondent must determine which portions of work, including goods
and services, will be subcontracted.

Use the appropriate method(s) to demonstrate good faith effort. The Respondent can use
either method(s) 1, 2, 3, 4 or 5:

11.5.1.3 Method 1: Respondent Intends to Subcontract with only

HUBs:

The Respondent must identify in the HSP the HUBs that will be utilized and submit written
documentation that confirms 100% of all available subcontracting opportunities will be
performed by one or more HUBs; or,

11.5.1.4 Method 2: Respondent Intends to Subcontract with HUB

Protégé(s):

The Respondent must identify in the HSP the HUB Protégé(s) that will be utilized and should:

 include a fully executed copy of the Mentor Protégé Agreement, which must be
registered with the CPA prior to submission to HHSC, and
 identify areas of the HSP that will be performed by the Protégé.

HHSC will accept a Mentor Protégé Agreement that has been entered into by a Respondent
(Mentor) and a certified HUB (Protégé) in accordance with Texas Government Code
§2161.065. When a Respondent proposes to subcontract with a Protégé(s), it does not need
to provide notice to three (3) HUB vendors for that subcontracted area.

Participation in the Mentor Protégé Program, along with the submission of a Protégé as a
subcontractor in an HSP, constitutes a good faith effort for the particular area subcontracted
to the protégé; or,

11.5.1.5 Method 3: Respondent Intends to Subcontract with HUBs

and Non-HUBs (Meet or Exceed the Goal):

The Respondent must identify in the HSP and submit written documentation that one or more
HUB subcontractors will be utilized and that the aggregate expected percentage of
subcontracts with HUBs will meet or exceed the goal specified in this solicitation. When
utilizing this method, only HUB subcontractors that have existing contracts with the

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 Respondent for five years or less may be used to comply with the good faith effort
requirements.

When the aggregate expected percentage of subcontracts with HUBs meets or exceeds the
goal specified in this solicitation, Respondents may also use non-HUB subcontractors; or,

11.5.1.6 Method 4: Respondent Intends to Subcontract with HUBs

and Non-HUBs (Does Not Meet or Exceed the Goal):

The Respondent must identify in the HSP and submit documentation regarding both of the
following requirements:
 Written notification to trade organizations or development centers that serve members of
groups (e.g., Black Americans, Hispanic Americans, American Women, Asian Pacific Americans,
Native Americans, and Veterans as defined by 38 U.S.C. Section 101[2]) to assist in identifying
potential HUBs by disseminating subcontracting opportunities to their membership/participants of
the subcontracting opportunities the Respondent intends to subcontract.

Respondents must give trade organizations and/ or development centers at least seven (7)
working days prior to submission of the Respondent's response for dissemination of the
subcontracting opportunities to their members. A list of trade organizations and/or development
centers is located on CPA’s website under the Minority and Women Organization Links.

 Written notification to at least three (3) HUB businesses of the subcontracting opportunities
that the Respondent intends to subcontract. The written notice must be sent to potential HUB
subcontractors prior to submitting proposals and must include:

o a description of the scope of work to be subcontracted;

o information regarding the location to review project plans or specifications;
o information about bonding and insurance requirements;
o required qualifications and other contract requirements; and
o a description of how the subcontractor can contact the Respondent.

 Respondents must give potential HUB subcontractors a reasonable amount of time to respond to
the notice, at least seven (7) working days prior to submission of the Respondent's response
unless circumstances require a different time period, which is determined by the agency and
documented in the contract file.

 Respondents must also use the CMBL, the HUB Directory, and Internet resources when searching
for HUB subcontractors. Respondents may rely on the services of contractor groups, local, state
and federal business assistance offices, and other organizations that provide assistance in
identifying qualified applicants for the HUB program.

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 11.5.2 Written Justification of the Selection Process

HHSC will make a determination if a good faith effort was made by the Respondent in the
development of the required HSP. One or more of the methods identified in the previous
sections may be applicable to the Respondent’s good faith efforts in developing and
submission of the HSP. HHSC may require the Respondent to submit additional documentation
explaining how the Respondent made a good faith effort in accordance with the solicitation.

A Respondent must provide written justification of its selection process if it chooses a non-HUB
subcontractor. The justification should demonstrate that the Respondent negotiated in good
faith with qualified HUB bidders and did not reject qualified HUBs who were the best value
responsive bidders.

11.6 Method 5: Respondent Does Not Intend to Subcontract

When the Respondent plans to complete all contract requirements with its own equipment, supplies,
materials and/or employees, it is still required to complete an HSP.

The Respondent must complete the “Self Performance Justification” portion of the HSP, and attest
that it does not intend to subcontract for any goods or services, including the class and item codes
identified in Section 4.5. In addition, the Respondent must identify the sections of the proposal that
describe how it will complete the Scope of Work using its own resources or provide a statement
explaining how it will complete the Scope of Work using its own resources. The Respondent must
agree to comply with the following if requested by HHSC:

 provide evidence of sufficient Respondent staffing to meet the RFP requirements;

 provide monthly payroll records showing the Respondent staff fully dedicated to the contract;
 allow HHSC to conduct an on-site review of company headquarters or work site where services
are to be performed and,
 provide documentation proving employment of qualified personnel holding the necessary
licenses and certificates required to perform the Scope of Work.

11.7 Post-award HSP Requirements

The HSP shall be reviewed and evaluated prior to contract award and, if accepted, the HSP will
become a provision of the contract with the successful Respondent(s).

After contract award, HHSC will coordinate a post-award meeting with the successful
Respondent to discuss HSP reporting requirements. The contractor must maintain business
records documenting compliance with the HSP and must submit monthly subcontract reports
to HHSC by completing the HUB HSP Prime Contractor Progress Assessment Report.

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 SAMPLE PAR
(FILLABLE).xls

This monthly report is required as a condition for payment to report to the agency the identity
and the amount paid to all subcontractors. Note: the PAR does not have to be returned with
respondent's proposal.

As a condition of award, the Contractor is required to send notification to all selected

subcontractors as identified in the accepted/approved HSP. In addition, a copy of the
notification must be provided to the agency’s Contract Manager and/or HUB Program Office
within 10 days of the contract award.

During the term of the contract, if the parties in the contract amend the contract to include a
change to the scope of work or add additional funding, HHSC will evaluate to determine the
probability of additional subcontracting opportunities. When applicable, the Contractor must
submit an HSP change request for HHSC review. The requirements for an HSP change request
will be covered in the post-award meeting.

When making a change to an HSP, the Contractor will obtain prior written approval from HHSC
before making any changes to the HSP. Proposed changes must comply with the HUB Program
good faith effort requirements relating to the development and submission of a HSP.

If the Contractor decides to subcontract any part of the contract after the award, it must
follow the good faith effort procedures outlined in Section 4.6 of this RFP (e.g., divide work
into reasonable lots, notify at least three (3) vendors per subcontracted area, provide written
justification of the selection process, and/or participate in the Mentor Protégé Program).

For this reason, HHSC encourages Respondents to identify, as part of their HSP, multiple
subcontractors who are able to perform the work in each area the Respondent plans to
subcontract. Selecting additional subcontractors may help the selected contractor make
changes to its original HSP, when needed, and will allow HHSC to approve any necessary
changes expeditiously.

Failure to meet the HSP and post-award requirements will constitute a breach of contract and will be
subject to remedial actions. HHSC may also report noncompliance to the CPA in accordance with the
provisions of the Vendor Performance and Debarment Program

12. Vendor Response

12.1 Structure of Response
Responses to this SOW must contain the following sections:

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  Section 1: Executive Summary
 Section 2: Corporate Overview
o Contact Information
o Corporate Background and Experience
 Section 3: Project Team Organization, Resumes, and References
 Section 4: Response to Requirements
 Section 5: Pricing

12.1.1 Section 1: Executive Summary

In the executive summary, each Vendor must:
 assert that it can provide all the requirements of this SOW;
 if the Vendor is providing services beyond those specifically requested, identify those
services; and
 if the Vendor is offering services that do not meet the specific requirements of this SOW,
but in its opinion is offering services that are equivalent or superior to those specifically
requested, note the differences.

Failure to provide the services specifically required may result in disqualification. The executive
summary must not exceed five pages and must represent a full and concise summary of the
contents of the response.

12.1.2 Section 2: Corporate Overview

The corporate overview section must include the following information:
 Vendor contact information,
 Vendor’s corporate background and experience, and
 if the Vendor proposes to use subcontractor(s), a description of any existing ongoing
relationships with those subcontractor(s), including project descriptions.

12.1.2.1 Vendor Contact Information

The Vendor contact information must include:
 Vendor’s full organization, company, or corporate name;
 headquarters address;
 type of ownership (for example, partnership or corporation);
 if Vendor is a subsidiary or affiliate, the name of parent organization;
 where the Vendor is incorporated or otherwise organized to do business;
 federal taxpayer identification number;
 name and title of person who will sign the contract; and
 name and title of person responsible for responding to questions regarding the response,
with telephone number, fax number, and email address.

12.1.2.2 Corporate Background and Experience

The Vendor must provide a statement that includes:
 a brief history of the company,
 how it is organized, and
 how its available products and resources will be used to meet HHSC’s requirements.

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Describe the Vendor’s corporate background as it related to projects similar in scope and
complexity to the project described in this SOW. If the response includes the use of
subcontractors, include a similar description of the subcontractor’s corporate background and
experience.

The Vendor must submit the following additional information:

 the total number of years the Vendor has been in business and, if applicable, the number
of years under the present business name;
 the number of years that the Vendor has been providing similar services;
 a description of the Vendor’s operations:
o facilities,
o business and objectives, and
o the number of employees;
 a Voluntary Product Accessibility Template (VPAT) and an equivalent document depicting
your proposed system's compliance with all level A and level AA standards in WCAG 2.0

12.1.3 Section 3: Project Team Organization, Résumés, and References

Vendor must provide the following:

 a project organization chart, with proposed prime and subcontractor staff members who
will be assigned to this project; and
 a high-level narrative description of the project team organization, teams and roles, and
the integration with the HHSC project team.

Note: Key personnel proposed for the project must be available for interviews during the selection
process.

Vendor must identify and describe the Vendor’s proposed labor skill set and provide résumés of
all proposed personnel. Résumés must:

 demonstrate experience germane to the position proposed;

 include work on projects cited under the Vendor’s corporate experience, and the specific
functions performed on such projects; and
 include at least three references from recent projects. References may not be Vendor’s
employees.

The Vendor must supply

 at a minimum, two references that verify that the Vendor’s staff members have
successfully performed the required Vendor services within the last five years to a paying
customer external to the Vendor’s organization;
 a listing and/or description of additional client references that would assist HHSC’s
understanding of relevant Vendor experience.

HHSC reserves the right to contact any Vendor references and discuss the client’s level of
satisfaction with the Vendor and its products or services.

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 12.1.4 Section 4: Response to Requirements
In its response, the Vendor must clearly explain how it will fulfill all needs and requirements
contained in this SOW. Mere recitation of requirements will not be considered an adequate
response. A response that only repeats, acknowledges, or reiterates the requirements of the SOW
will be considered a weak response.

Vendor must provide:

 a detailed description of the proposed services which must support all business activities
and requirements produced by this SOW,
 a cross-reference of the HHSC requirements and deliverables, and
 Including all items in the deliverables section, service level agreement section, and
appendix A.

Assumptions that are made by the Vendor must be explicitly detailed and must include the impact
of the assumption on price.

12.1.5 Section 5: Pricing

The Vendor fills out the following table:

Deliverable Deliverable Name Price

No.
4.1 Deployment Planning Document
4.2 Proof of Concept
4.3 Automated Accessibility Testing Service
4.4 Accessibility Test Report

12.2 Instructions for Submitting Responses

Responding Vendor is required to submit:
 one paper original, clearly marked as the original;
 seven (7) electronic copies on flash drive.

The response must state the

 Vendor’s name at the top of each page,
 response number, and
 submission date.

All written deliverables must be

 responsive to the requirements of this SOW; and
 phrased in terms and language that can be easily understood by nontechnical personnel
(for example, laypersons without subject matter expertise).

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 HHSC will not accept telephone and facsimile responses. Responses must not include unrequested
materials or pamphlets.

12.2.1 Format Guidelines for Paper Original and Copies

The printed original of the response must be signed in blue ink by an authorized representative
of the Vendor. All responses must be
 clearly legible,
 sequentially page-numbered,
 bound in a notebook or cover,
 typed double-spaced on 8½” x 11” white paper, and
 in Tahoma or Verdana font, size 12 for normal text, and no less than size 10 for tables,
graphs, and appendices.

12.2.2 Format Guidelines for Electronic Copies

Electronic copies of the response must be

 stored on flash drive portable media, and

 in accessible electronic formats (compliant with WCAG 2.0 AA for accessibility) in either
Microsoft Word or Adobe PDF.

Any disparities between the contents of the original printed response and the electronic response
will be interpreted in favor of HHSC. All response materials submitted will become property of the
State. Submit all copies of the response to the HHSC Procurement and Contracting Services
(PCS) Point of Contact no later than 2:00 p.m. Central Time on the “Responses Due” date as
indicated. All submissions will be date and time stamped when received by PCS. The clock in the
PCS office is the official timepiece for determining compliance with the deadlines in this
procurement. HHSC reserves the right to reject late submissions. It is the Vendor’s responsibility
to appropriately mark and deliver the response to HHSC by the specified date.

Physical address for overnight and commercial mail:

Texas Health and Human Services Commission

Enterprise Procurement & Contracting Services, Mail Code 2020
Attn: Debbie Arbuckle
1100 West 45th Street, Mail Code 2020
Austin, TX 78756
(512) 406-2428

All responses become the property of HHSC after submission.

13. Response Evaluation

HHSC will use a formal evaluation process to select the successful Vendor. HHSC will consider
capabilities or advantages that are clearly described in the SOW, which may be confirmed by oral
presentations, site visits, demonstrations, and/or references contacted by HHSC. HHSC reserves

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 the right to contact individuals, entities, or organizations that have had dealings with the Vendor
or responding staff, whether or not identified in the response.

HHSC will more favorably evaluate responses that offer no or few exceptions, reservations, or
limitations to the terms and conditions of the SOW, including HHSC’s Uniform Contract Terms and
Conditions. The evaluation of responses will be conducted in accordance with 1 Texas
Administrative Code Chapter 391.

The Vendor scoring highest at the end of the evaluation will be selected as the “best” respondent
in Response to this SOW.

Initial Compliance Screening

HHSC PCS will perform an initial screening of all responses received. Unsigned responses and
responses that do not include all required forms and sections may be subject to rejection without
further evaluation. In accordance with its rules, HHSC in conjunction with PCS reserves the right
to waive minor informalities in a response and award contracts that are in the best interest of the
State of Texas.

Best Value Evaluation Criteria

Texas Government Code §2155.144 obligates HHSC to purchase goods and services on the basis
of best value. HHSC rules define “best value” as the optimum combination of economy and quality
that is the result of fair, efficient, and practical procurement decision-making and that achieves
health and human services procurement objectives (1 Texas Administrative Code §391.31). HHSC
will evaluate responses based on the following best-value criteria, listed in order of priority:
 Proposer Solution Response
o The Vendor’s response to each category of requirements identified in the scope of work
o Solution Services Delivery
o Service Level Requirements
o Knowledge Transfer
 Proposer Experience
o Project Team Experience and Qualifications
o Project Organization
o Depth of Experience
o Similarity of Expertise
 Price Response

14. Procurement Timeline

Milestone Due Date Notes
Release date of SOW 11/4/2016 Solicitation will be submitted by
email
Deadline for questions from the 11/14/2016 Please list questions, in
Vendors sequential order and make
reference to the relevant SOW
content and section number to
which the question applies.

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Deadline for answering
questions by HHSC
Responses Due
As stated on the cover pages, all
PCS inquiries including written or
oral questions must be submitted
to the sole point of contact.
Questions may be sent by email
to:
debbie.arbuckle@hhsc.state.tx.us
11/18/2016 Questions and answers will be
posted on the ESBD website
12/2/2016 See Section 13 for details on
submitting responses to this
SOW.

15. Change Request Process

In the event there is a reason to change the project Statement of Work, HHSC will initiate the
Change Request. The Change Request must provide information regarding the change comparable to
the detail originally included in the Statement of Work documentation.

HHSC and the Vendor will endeavor to agree upon appropriate and mutually agreeable changes in
cost, schedule or other terms associated with the Change Request. While such changes are under
review, the Vendor must continue to perform under the Statement of Work so long as such continued
performance does not cause the Vendor to incur a material costs or other undue hardship in relation
to the Change Request. A decision to discontinue performance because of a Change Request will be
made only by mutual written agreement of both parties.
No Change Request will be implemented unless set forth in writing and approved and signed by an
authorized representative of each party. The Vendor agrees to act in a good-faith effort with regard
to price and schedule terms for any proposed change.

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16. Appendices

Appendix A. Test Service Requirements

Line Category Requirements Priority

# 1-H High
2-M Medium
3-L Low

1 Functional The product analyzes web pages for WCAG 2.0 level AA 1-H
compliance, and reports the type and location of errors
found.
2 Functional The product tests all HTML extension types. 1-H
3 Functional The product will provide a means categorizing issues by 1-H
WCAG guideline.
4 Functional The product can sort issues by error, URL, domain issue 1-H
ID, Agency or other logical criteria or results can be
exported to a format that can be used in MS Excel.
5 Functional In addition to monthly scans run by Vendor, HHS 1-H
employees can use the product to test a single page or an
entire site as part of a single test run in an ad hoc manner.

6 Functional The user can add additional domains as needed 1-H

(campaign sites).
7 Functional The product allows multiple users to access the system 1-H
simultaneously..
8 Functional The product can generate detailed compliance reports by 1-H
page.
9 Administrative Vendor will have support and maintenance available 1-H
during standard business hours (M-F, 6:00a.m.-6:00 p.m.
CST/CDT).
10 Administrative Vendor will provide documentation of the compliance 1-H
status of the product with the standards in WCAG 2.0.
Preference will be given to products with higher level of
compliance with WCAG 2.0 AA standards.
11 Administrative The product is a hosted solution. 1-H
12 Functional The user interface is intuitive and easy to use. 2-M
13 Functional The product provides remediation guidance in the report 2-M
for each error.

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Line Category Requirements Priority
# 1-H High
2-M Medium
3-L Low

14 Administrative Vendor will provide instructional materials, training 2-M

resources, or user manuals in an accessible format.
Effective web based training may be sufficient.
15 Functional The product will provide a means for tracking issues from 3-L
their initial discovery till they are corrected.
16 Functional The user can select specific rules within a rule set. 3-L
17 Functional Preference will be given to a product that can also test 3-L
PDF files for compliance
18 Functional The ability to test password-protected areas of a web site 3-L
is desired, but not required. Preference will be given to
products that provide this feature.
19 Functional The product identifies broken links. 3-L
20 Functional The product has standard and customizable dashboard 3-L
report views.
21 Functional The product integrates with content management 3-L
systems used by HHS agencies including, but not limited
to, SharePoint, Drupal, Ektron, and Moodle.
22 Functional The product has high-level dashboards for displaying 3-L
status and compliance risk.
23 Functional The product maintains historical and snapshot reports. 3-L

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 Appendix B. Acronyms List

§ Section
ARIA Accessible Rich Internet Applications
CD Compact Disc
CST/CDT Central Standard Time/Central Daylight Time
CSV Comma Separated Values
DADS Department of Aging and Disability Services
DARS Department of Assistive and Rehabilitative Services
DFPS Department of Family and Protective Services
DIR Department of Information Resources
DSHS Department of State Health Services
PCS Procurement and Contracting Services
EIR Electronic Information and Resources
HHS Health and Human Services System
HHSC Health and Human Services Commission
HTML Hyper Texas Markup Language
ID Identification
IE Internet Explorer
M-F Monday through Friday
MS Microsoft
Skip Nav Skip Navigation
SOW Statement of Work
TAC Texas Administrative Code
URL Uniform Resource Locator
VPAT Voluntary Product Accessibility Template
XLS Microsoft Excel Spreadsheet

Appendix C - WCAG Compliance Checklist

http://accessibility.hhs.texas.gov/docs/checklists/HHSwcag20checklistNov2015-nomacros.xlsx

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