Request for Qualifications

RFQ: #20-399

LEGAL SERVICES

FOR

DEEP EAST TEXAS

LOCAL WORKFORCE DEVELOPMENT BOARD 415 South First Street, Suite 110 B

Lufkin, Texas 75901

(936)639-8898

For the Period of

October 01, 2020 to September 30, 2021

ISSUE DATE: June 8, 2020

RESPONSE DEADLINE: July 10, 2020, 4pm, CST

Mark Durand

Executive Director

Our Mission: “To provide solutions for quality workforce development”

A Proud Partner of the Network

Workforce Solutions Deep East Texas is an Equal Opportunity Employer/Program. Auxiliary aids and services are available

upon request to individuals with disabilities. For hearing impaired 1-800-735-25988 English (voice)/1-800-662-954 Spanish

(voice) 1-800-735-2989 or 711 (TDD)

Request for Qualifications # 20 - 399

LEGAL SERVICES For

Deep East Texas Local Workforce Development Board

Table of Contents

Section I. General Information

• Board Background 1

• Board Goals 1

• Purpose of this Request for Qualifications 2

• Historically Underutilized Business (HUBs) 2

• Federal Funding Disclosure Statement 2

Section II. Contract Information

• Method of Procurement 2

• Type and Amount of Contract 2

• Payment Provisions 2

• Expected Outcome of this Procurement 2

Section III. RFQ Submission Instructions 3

Section IV. Qualifications Evaluation Criteria 3

Section V. Debriefing and Appeals Process 4-5

Section VI. Administration of this RFQ

• Availability of RFQ Packets 5

• Questions and Clarifications 5

• Submission Deadline 5-6

• Changes, Amendments, Withdrawal and /or Reissuance of the RFQ 6

• Attachment A Qualifications Cover Sheet 7

• Attachment B Staff Qualifications 8

• Attachment C References 9-10

• Attachment D Proposed Services and Fees 11

• Attachment E Conflict of Interest Certification 12-13

• Attachment F Certifications Regarding Lobbying, Debarment, Suspension 14-15

• Attachment G Questions Regarding this RFQ 16-17

• Attachment H HUB Certification (if applicable) 18

• Attachment I Certification Regarding Texas Corporate Franchise Tax 19

• Attachment J State Assessment Certification 20

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SECTION I - RFQ OVERVIEW

o Board Background

The Deep East Texas Local Workforce Development Board, Inc. dba Workforce Solutions Deep East Texas (Board), is a nonprofit 501(c)(3), local governmental organization overseen by a 25-31 member volunteer Board appointed by the Chief Elected Officials of the region. The majority of Board members represent the private sector. The balance of the Board membership is comprised of representatives of educational agencies, organized labor, rehabilitation services, community-based organizations, economic development and state agencies. The Board is responsible for the planning, oversight and evaluation of the workforce development system, including child care resources, in the 12-county Workforce Development Area (WDA): Angelina, Houston, Jasper, Nacogdoches, Newton, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, and Tyler counties.

The Board provides policy and program guidance and exercises independent oversight and evaluation of workforce development programs and services that affect area employers, residents, and job seekers services. Services include six offices that provide workforce services for businesses and the current, emerging, and transitional workforce; and a system for subsidized child care for eligible families and quality improvement activities for child care providers.

The Child Care Services (CCS) program is a dual-purpose program that provides access to child care services for low-income families so they can work, attend school, or enroll in training to improve the well-being of their families. At the same time, it also promotes the healthy development and school success of low and moderate-income children by providing them with higher-quality early learning and afterschool experiences. The Texas Workforce Commission (TWC) contracts with the Board to provide these services to eligible families.

The mission of Board is to provide solutions for quality workforce development. To accomplish this mission, the Board is guided by the following principles:

The system will:

• Be efficient and cost effective by integrating programs to eliminate duplication;

• Offer services to meet the diverse needs of job seekers and employers;

• Treat people with concern, dignity, respect, and courtesy; and

• Require people to share responsibility for their outcomes.

The Board goals for workforce development in the region are to:

• Establish awareness of the value of Workforce Solutions throughout the Deep East Texas area. Objective: To increase the use of available workforce service by both job seekers and employers.

• Become a regional partner for economic development. Objective: To support the needs of new and expanding businesses in the area.

• Promote quality and excellence that fosters continual improvement. Objective: To ensure that services continue to meet the needs of our customers.

• Provide barrier-free access to workforce information, programs and services. Objective: To ensure that all customers who wish to use or services may do so.

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• Leverage resources and increase effectiveness through partnerships and coalitions. Objective: To be able to continue effective services with fewer funds and ensure efficient and effective use of public funds.

o Purpose of this Request for Qualifications

The Board is soliciting Request for Qualifications (RFQ) from individuals or firms licensed to practice law in the State of Texas. The purpose of the RFQ is to provide legal services to furnish advice, counsel and issue legal opinions on general, administrative and statutory matters including, but not limited to, personnel and employment issues, real estate matters, competitive bidding procedures, contractual matters, statutory funding requirements, statutory contractual oversite functions, Open Records request and Open Meetings requirements. Attendance at Board and Committee Meetings as required.

o Historically Underutilized Business (HUBs) It is the policy of the Board to continue promoting and expanding economic development for minority-owned and women-owned businesses are they are encouraged to respond to this RFQ, . HUB’s must indicate their certification number to be eligible for points awarded under this category.

A HUB is defined by the State of Texas General Services Commission (TGSC) as “a corporation, sole proprietorship, partnership, or joint venture formed for the purpose of making a profit in which at least fifty-one percent of all classes of the shares of stock or other equitable securities are owned by one or more persons who are socially disadvantaged because of their identification as members of the following groups who have suffered the effects of discriminatory practices or similar insidious circumstances over which they have no control: Black America, Asian Pacific American, Hispanic American, American Indian, and Woman.”

o Federal Funding Disclosure Statement (Requirement to Provide Certain Information in Public Communications)

Per Section 508 of Public Law 103-333, the “Department of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act of 1995,” 89% of the annual program cost ($19,355,661) is Federally funded, 11% state funded.

SECTION II – CONTRACT INFORMATION

o Method of Procurement - All services solicited under this Request for Qualifications (RFQ) shall be procured based on demonstrated competence and qualifications to perform the services and a fair and reasonable price.

o Type and Amount of Contract – The Board will execute a fixed-fee/cost reimbursable contract. The Board shall also have the right to contract with multiple law firms or individual attorneys to maximize the Board’s options and availability during prudent situations. Funding for all activities under this RFQ will be provided by the appropriate program grant. The actual amount of contract award will be based on a negotiated cost proposal, available funds, as well as standards for use of public funds, i.e., that all cost be reasonable and necessary to execute planned functions and allowable and applicable to the proper grant/cost category.

o Payment Provisions - The provider selected will be reimbursed within thirty days of the receipt of a detailed and properly completed request for payment/invoice, which is to be submitted monthly at a minimum.

o Expected Outcome of this Procurement - The Board will award a contract for Legal Services to

Respondents whose proposals, conforming to the Request for Qualifications (RFQ), is determined to present the best value to the Board. The Board reserves the right to negotiate an initial one-year

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contract with two (2) 1-year contract renewals, contingent upon successful contract performance. The contract shall begin on October 1, 2020 and will expire or be renewed September 30, 2021, contingent up performance.

SECTION III – RFQ SUBMISSION INSTRUCTIONS

o Qualifications Cover sheet – summarize your firm/company’s relevant qualifications, including experience and expertise in providing similar legal services. (Attachment A)

o Demonstrated Performance, Staff Qualifications (resumes) & Training/Education – provide resume(s) for all assigned staff. Identify current training and education of assigned staff; indicate any Texas board Legal Specialization certifications. (Attachment B)

o References – please provide three references for whom you have performed similar services with a contact name, company name, address and phone number. (Attachment C)

o Proposed Services and Fees – describe the services you propose to provide; specify the hourly rate to the various services and functions. Specify any difference in the hourly rate for telephone and on-site consultations. Provide billing cost for travel time and other proposed travel cost, such as mileage, per diem; long distance telephone, copy, fax, courier service, etc. Describe you standard billing practices. (Attachment D)

o Certificate Regarding Conflict of Interest (Attachment E)

o Certification Regarding Lobbying, Debarment, Suspension and other responsibility maters, Drug-Free Workplace requirements and Employment of undocumented workers. (Attachment F)

o Questions Regarding this Request for Qualifications (Attachment G)

o HUB Certification (if applicable) (Attachment H)

o Certification Regarding Texas Corporate Franchise Tax (Attachment I)

o State Assessment Certification (Attachment J)

o Fill out and Sign W-9 (will email)

SECTION IV – QUALIFICATIONS EVALUATION CRITERIA

o Criteria for Qualifications submitted by the deadline will be evaluated using the points below.

• DEMONSTRATED PERFORMANCE – (60) Points - Points will be awarded for the effectiveness of the proposer in delivering comparable or related services based on demonstrated competence and qualifications of the organization and individual staff. The firm/individual and staff assigned to this project must possess the necessary capability to perform the required legal services.

• COST – (40) Points – Proposal will be evaluated based on the fair and reasonable price or rates for key staff assigned to this work, and other non-personnel cost applicable.

• HUB – (05) Extra Points - Positive efforts shall be made to utilize small, minority, and female owned or operated organization/business (HUB) in the procurement and provision of these goods.

• Total possible points 105

• Proposals must receive a minimum average score of 70 points out of a possible 105 points to be considered responsive to this RFQ.

o In the selection and award of contracts or services procured under this RFQ, The Board shall ensure:

• Proposals considered are received on time and are responsive to the RFQ. Proposals received after the due date and time will not be reviewed or considered.

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SECTION V – DEBRIEFING AND APPEALS PROCESS o The purpose of a debriefing is to promote the exchange of information between a respondent and the

Board staff pertaining to the proposal process and the bid evaluation system. The goal of a Debriefing

is to assist a respondent in improving the quality of future bids.

o A Debriefing shall include an informal exchange of information pertaining to the Board proposal process

and bid evaluation system and shall serve as an educational function for respondents. During a

Debriefing, the respondent will receive information on how their proposal was received and ranked.

The Board reserves the right to limit the amount of time allocated for a Debriefing.

• Step 1: Respondents who desire a Debriefing must submit a written request within ten (10)

calendar days of receipt of the Board’s notification of the procurement decision. The Board shall

acknowledge receipt of the request for a Debriefing in writing within ten (10) working days of receipt,

along with the date and time of the scheduled Debriefing.

The Request for a Debriefing must be sent by registered mail or hand delivered (receipt will be

issued), clearly identified externally as “Dated Material” and addressed to:

Workforce Solutions Deep East Texas

Attn: Mark Durand

415 S. First St., Ste. 110 B

Lufkin, TX 75901

Telefax, facsimile, and e-mail requests for a Debriefing will NOT be accepted.

• Step 2: The Debriefing shall be scheduled at the Board located at 415 S. First St., Ste. 110 B

Lufkin, TX 75901 or by phone no later than ten (10) working days from the date the inquiry is

received by the Board.

• Step 3: The Board staff shall meet with the respondent and shall review: 1) the proposal and bid

evaluation process; and 2) how the appealing party’s proposal/bid was scored and ranked;

suggestions on how to improve future bids (if applicable).

o An Appeal occurs when an unsuccessful respondent believes that they were treated unfairly in the bid

proposal and award process, and that they, rather than the organization selected for the award, deserve

the procurement contract.

• Step 1: If a respondent wishes to appeal the decision of the Board regarding their bid proposal, the

complainant respondent must submit to the Executive Director, a written Request for a Hearing

within ten (10) calendar days of the Debriefing. The Board shall acknowledge receipt of the Request

for a Hearing in writing within ten (10) working days of receipt, along with the date and time of the

scheduled Hearing. The Request for a Hearing must be sent by registered mail or hand delivered

(receipt will be issued), clearly identified externally as “Dated Material” and addressed to:

Workforce Solutions – Deep East Texas

Attn: Mark Durand, Executive Director

415 S. First St., Ste. 110 B

Lufkin, TX 75901

Telefax, facsimile, and e-mail notices will NOT be accepted.

• Step 2: The written Request for a Hearing sent to the Executive Director must include the following

information:

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a. The funding decision being appealed (i.e. specific date of the RFQ/IFB and the Board’s

action taken);

b. Name, address, and phone number of the protesting party(ies);

c. A description of any alleged acts or omissions by the Board that form the basis for the

protest (this must include the specific concerns and the specific grounds for the protest,

and a citation of the law or regulation allegedly violated that forms the appeal.)

d. Any written information that respondent believes is relevant to the protest;

e. The remedy sought by the respondent;

f. An original signature by the appealing organization’s authorized representative.

• Step 3: A Hearing shall be scheduled at the Board Offices or by phone at a mutually agreed time

and date, but no later than twenty (20) calendar days from the date the Request for a Hearing is

received by the Board.

• Step 4: The Executive Director, or his/her designee, shall act as the Hearing Officer. The Executive

Director shall also appoint a Committee of either DETLWDB Members and/or DETLWDB staff to

serve as the Hearings Committee. Such committee shall consist of the Hearing Officer and two or

four additional committee members.

• Step 5: The Hearing Committee shall meet with the protesting party to discuss the specific

concerns and the grounds for the protest identified in the Request for a Hearing (see Step 2(c)

above). Only those issues presented in the Request for a Hearing will be addressed at the Hearing.

The Hearings Committee shall evaluate the appropriate actions which should be taken while

abiding by DETLWDB funding rules and regulations and which are consistent with DETLWDB

procurement policies.

• Step 6: A determination will be made within ten (10) business days from the date of the Hearing.

Should the Hearings Committee determination result in a different outcome for the respondent,

such recommendation shall be presented to the full DETLWDB for consideration and possible

action at the next scheduled meeting. However, DETLWDB is NOT obligated to accept the

Hearings Committee determination and/or recommendation.

o Right to Make No Awards. The Board specifically reserves the right to vary the provisions set forth herein any time prior to the execution of a contract where such a variance is deemed in the best interest of the Board. The Board reserves the right to accept or reject any or all proposals submitted; to cancel this Request in part or in its entirety; or to reissue the Request for Qualifications in part or in its entirety.

SECTION VI– ADMINISTRATION OF THIS RFQ

o Availability of RFQ Packets – Request for Qualifications packets will be available beginning on and after 4:00 PM, June 8, 2020 at 415 S. First Street Suite 110 B, Lufkin, Texas 75901. Packets may be picked up in person, mailed upon request and /or download from the Board’s Web Site at www.detwork.org www.detwork.org.

o Questions and Clarifications – A proposer may submit questions and/or request clarifications concerning the RFQ from the date of release until 4:00 PM, June 24, 2020. The questions must be in written form and addressed to Kim Moulder, Staff Service Specialist at 415 S. First Suite 110 B, Lufkin, Texas 75901, Fax (936) 633-7491 and Email kmoulder@detwork.org.

o Submission Deadline – The response deadline is no later than 4:00 p.m. on July 10, 2020. Qualifications, whether mailed or personally delivered, must be officially received at 415 S. First Street

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Suite 110 B, Lufkin, Texas 75901 by this deadline with one original Qualifications package. Official receipt of Qualifications will be recorded on the Board Log of Received, and receipt form issued by the Board. Proposers who mail a Qualifications package will be sent a copy of receipt form on request. Late Qualifications will not be accepted regardless of circumstances.

o Changes, Amendments, Withdrawal and /or Reissuance of the RFQ

Any Bidder may withdraw their bid either in person, or by written request at any time. Unless specifically requested by the Board, changes and/or amendments to the originally submitted proposal will not be considered. In addition, the Board reserves the right to:

• Amend or withdraw this RFQ at any time.

1. Reject any and all bids.

2. Re-issue this RFQ.

Under no circumstances shall the Board staff, Board members or the elected officials deliver a Proposal to the required location for a proposing entity.

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Attachment A

QUALIFICATIONS COVER SHEET

Due: No Later than 4:00PM, July 31, 2020

Date and Time Submitted____________________

************************************************************************************************************************

Identification of Proposing Agent:

Legal Name of Organization:

Head of Organization & Title:

Mailing Address:

Physical Address (if different)

Phone Number:

Fax Number:

Proposal Contact Person & Title:

Contact Signatory Authority & Title:

************************************************************************************************************************

Is the Bidder certified as a historically underutilized business? [ ] Yes [ ] No

HUB Certification Number ____________________________

Tax/Legal Status:

_____State Government Agency _____Local Government

_____Private for – Profit _____Other

_____Non-Profit

Federal Employer Identification Number: ________________________________________

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ATTACHMENT B

Demonstrated Performance, Staff Qualifications (resumes) & Training/Education – provide resume(s) for all assigned staff. Identify current training and education of assigned staff; indicate any Texas board Legal Specialization certifications.

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Attachment C

REFERENCES

List of former clients for whom services similar to those in this solicitation have been performed

in the last five (5) years. Failure to provide the following information at the time and date this

RFQ closes could affect proposer’s evaluation score under the qualifications evaluation criteria.

REFERENCE 1.

Name of the firm to which the service was provided

Street address of the firm to which the service was provided

City State Zip Code_____________

Name of Point of Contact

Telephone Number

Email Address_____________________________________

REFERENCE 2.

Name of the firm to which the service was provided

Street address of the firm to which the service was provided

City State Zip Code_________

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Name of Point of Contact

Telephone Number

Email Address_____________________________________

REFERENCE 3.

Name of the firm to which the service was provided

Street address of the firm to which the service was provided

City State Zip Code_____________

Name of Point of Contact

Telephone Number

Email Address_____________________________________

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Attachment D

Proposed Services and Fees – describe the services you propose to provide; specify the hourly rate to the various

services and functions. Specify any difference in the hourly rate for telephone and on-site consultations. Provide

billing cost for travel time and other proposed travel cost, such as mileage, per diem; long distance telephone,

copy, fax, courier service, etc. Describe you standard billing practices.

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Attachment E

CONFLICT OF INTEREST CERTIFICATION This certification is required by the Texas Administrative Code:

Title 40 Social Services and Assistance

Part 20 Texas Workforce Commission

Chapter 801 Local Workforce Development Boards

Subchapter C The Integrity of the Texas Workforce System

The undersigned proposer states that:

By checking (✓) “Agree” below Proposer states they agree with the item as described.

By checking (✓) “Disagree” below Proposer states they disagree with the item as described. Any

disagreements must have a written explanation attached stating the exact reasons for the

disagreement.

By checking (✓) “N/A” below Proposer states the item as described is not applicable to them.

Agree Disagree N/A # Description

1. Proposer certifies that they comply with federal and state

statutes and regulations regarding standards of conduct

and conflict of interest provisions including, but not limited

to, the following: 29 CFR §97.36(b)(3), which includes

requirements from the Uniform Administrative

Requirements for Grants and Cooperative Agreements to

State and Local Governments; professional licensing

requirements, when applicable; and applicable OMB

circular requirements and the Office of the Governor’s

Uniform Grant Management Standards.

2. Proposer certifies that they avoid any conflict of interest or

any appearance of a conflict of interest and that none

exist. “Conflict of interest” is defined as a circumstance in

which a Board employee, workforce service contractor, or

workforce service contractor’s employee is in a decision-

making position and has a direct or indirect interest,

particularly a substantial financial interest that influences

the individual’s ability to perform job duties and fulfill

responsibilities. “Appearance of conflict of interest” is

defined as a circumstance in which the action of a Board

member, Board employee, workforce service contractor,

or workforce service contract employee in a decision-

making position appears to be influenced by

considerations of one or more of the following: gain to the

person, entity, or organization for which the person has

an employment interest, substantial financial interest, or

other interest, whether director or indirect (other than

those consistent with the terms of the contract); or

motivated by design to gain improper influence over the

Board.

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Agree Disagree N/A # Description

3. Proposer certifies that they will refrain from using

nonpublic information gained through a relationship with

the Board, Board staff, TWC, or TWC staff, to seek or

obtain financial gains that would be a conflict of interest or

the appearance of a conflict of interest.

4. Proposer certifies that they have promptly disclosed in

writing any substantial financial interest that the Proposer,

or any of Proposer’s employees in decision-making

positions, have in a business entity that is a party to any

business transaction with a Board member or Board

employee who is in a decision-making position.

“Substantial financial interest” is defined as an interest in

a business entity in which a person owns 10% or more of

the stock, shares, fair market value, or other interest in

the business entity; owns more than $5,000 of the fair

market value of the business entity; owns real property if

the interest is an equitable or legal ownership with a fair

market value of $2,500 or more used for the business

entity; receives funds from the business entity that exceed

10% of the person's gross income for the previous year;

is a compensated member of the board of directors or

other governing board of the business entity; serves as

an elected officer of the business entity; or is related to a

person in the first degree by consanguinity or affinity, as

determined under Chapter 573, Texas Government Code,

who has a substantial financial interest in the business

entity. First degree of consanguinity or affinity means the

person's parent, child, adopted child, or spouse.

5. Proposer certifies they have disclosed in writing any and

all gifts greater than $50 in value given to a Board

member or Board employee by Proposer or Proposer

employees and that written notice was given within 10

day of giving the gift.

6. Proposer certifies that they have disclosed any conflict of

interest and any appearance of a conflict of interest.

These certifications are a material representation of fact upon which reliance was placed when

this transaction was made or entered into. Submission of this certification is a prerequisite for

making or entering into a contract with the Board.

The undersigned authorized representative of the entity herein certifies that the above

statements are true and correct.

_________________________________ __________________________________

Company Name Name of Authorized Representative & Title

_________________________________ __________________________________

Date Signature of Authorized Representative

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ATTACHMENT F

CERTIFICATIONS REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS, DRUG-FREE WORKPLACE REQUIREMENTS AND

EMPLOYMENT OF UNDOCUMENTED WORKERS

Lobbying: This certification is required by the Federal Regulations, implementing Section 1352 of the Program Fraud

and Civil Remedies Acts, Title 31 U.S. Code, for the Department of Agriculture (7 CFR part 3018), Department of Labor

(20 CFR Part 93), Department of Education (34 CFR Part 82), Department of Health and Human Services (45 CFR

Part 93).

The undersigned contractor states that:

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

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

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

4. * * * * * * * * * *

Debarment, Suspension and Other Responsibility Matters: This certification is required by the Federal Regulations

implementing Executive Order 12549, Government-wide Debarment and Suspension, for the Department of Agriculture

(7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Parts 85, 668 and 682),

and Department of Health and Human Services (45 CFR Part 76).

The undersigned contractor certifies that it or its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency

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

3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; and

4. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; and

5. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; and

6. Have not within a three-year period preceding this contract had one or more public transactions (federal, state, or local) terminated for cause or default.

Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in

this certification, such prospective participant shall attach an explanation to this proposal.

* * * * * * * * * *

Drug-Free Workplace: This certification is required by the Federal Regulations, implementing Sections 5151-5160 of

the Drug-Free Workplace Act, 41 U.S.C. 701; for the Department of Agriculture (7 CFR Part 3017), Department of

Labor (29 CFR Part 98), Department of Education (34 CFR parts 85, 668 and 682) and Department of Health and

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Human Services (45 CFR Part 76).

The undersigned contractor certifies that it shall provide a drug-free workplace by:

1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the work place and specifying the actions that will be taken against employees for violation of such prohibition.

2. Establishing an on-going drug-free awareness program to inform employees of the dangers of drugs in the workplace, the Contractor’s policy of maintaining a drug-free workplace, the availability of drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed on employees for drug abuse violations occurring in the workplace.

3. Providing each employee with a copy of the Contractor’s policy statement. 4. Notifying the employees in the Contractor’s policy statement that, as a condition of employment under the

grant, employees will abide by the terms of the policy statement and notifying the Contractor in writing within five (5) days after any conviction for a violation by the employee of a criminal drug statute in the workplace.

5. Notifying the grantor agency, Deep East Texas Local Workforce Development Board, Inc., in writing, within ten (10) calendar days of the Contractor’s receipt of a notice of conviction of an employee.

6. Taking appropriate personnel action against an employee convicted of violating a criminal drug statute or require such employee to participate in a drug abuse assistance or rehabilitation program.

* * * * * * * * * *

Unlawful Employment of Undocumented Workers

The undersigned contractor certifies that it or its principals:

Pursuant to Texas Government Code § 2264.051, Contractor does not and will not knowingly employ an undocumented

worker as defined in Texas Government Code §2264.001(4) and will implement policies and procedures concerning

this law.

Contractor will enter into a written agreement with its subcontractors, working on or having an interest in the programs

provided by this grant award regarding the unlawful employment of undocumented workers and advising the

subcontractors of the penalties that the subcontractors will incur if convicted of the unlawful employment of

undocumented workers.

These certifications are a material representation of fact upon which reliance was placed when

this transaction was made or entered into. Submission of this certification is a prerequisite for

making or entering into this transaction.

_________________________________ ________________________________

Company Name Signature

__________________________________ ________________________________

Date

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ATTACHMENT G

Questions Regarding this Request for Qualifications

Question 1:

Question 2:

Question 3:

Question 4:

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Submitted by:

Date:

*May use additional sheets if necessary.

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ATTACHMENT H

HUB CERTIFICATION

HUB Certification - Historically Underutilized Business (HUB’s) shall attach a notice of certification.

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ATTACHMENT I

CERTIFICATION REGARDING TEXAS CORPORATE

FRANCHISE TAX

Pursuant to Article 2.45, Texas Business Corporation Act, state agencies may not contract

with for profit corporations that are delinquent in making state franchise tax payments. The

following certification that the entity entering into this subcontract is current in its franchise

taxes or is not subject to the payment of franchise taxes to the State of Texas must be signed

by the individual authorized to sign the subcontract for the subcontract for the subcontracting

entity.

The undersigned authorized representative of the entity subcontracting herein certifies that

the following indicated statement is true and correct and that the undersigned understands

making a false statement is a material breach of subcontract and is grounds for subcontract

cancellation.

Indicate the certification that applies to your subcontracting

entity:

☐ The subcontracting entity is a for-profit corporation and certifies that is not delinquent

in its franchise tax payments to the State of Texas.

☐ The subcontracting entity is a non-profit corporation or is otherwise not subject to

payment of franchise tax to the State of Texas.

____________________________________________________________________________

Name of Applicant/Organization

____________________________________________________________________________

Name and Title of Authorized Representative

____________________________________________________________________________

Signature of Authorized Representative/ Date

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ATTACHMENT J

STATE ASSESSMENT CERTIFICATION

The undersigned authorized representative of the firm or individual contracting herein

certifies that the following indicated statement is true and correct and that the undersigned

understands making a false statement is a material breach of contract and is grounds for

contract cancellation.

The firm or individual certifies that:

☐ Is current in Unemployment Insurance taxes, Payday and Child Labor law monetary

obligations, and Proprietary School fees and assessments payable to the State of Texas.

☐ Has no outstanding Unemployment Insurance overpayment balance payable to the State

of Texas.

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Signature and Date

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Type Name and Title