TEXAS LOTTERY COMMISSION REQUEST FOR PROPOSALS FOR DRAWING STUDIO AND PRODUCTION SERVICES #362-14-0003 RESPONSES TO PROPOSERS HISTORICALLY UNDERUTILIZED BUSINESS (HUB) SUBCONTRACTING PLAN (HSP) QUESTIONS January 8, 2014
REQUEST FOR PROPOSALS FOR DRAWING STUDIO AND PRODUCTION SERVICES: RESPONSES TO PROPOSERS HISTORICALLY UNDERUTILIZED BUSINESS (HUB) SUBCONTRACTING PLAN (HSP) QUESTIONS Note to All Prospective Proposers: The following responses include HSP questions raised and answers provided during the preproposal conference held on January 7, 2014, and questions submitted in writing prior to the deadline for Proposals. This document will be updated as necessary to respond to additional questions. Proposers should review Part 5 of the RFP along with this document to ensure a complete understanding of the HSP requirements. PRE-PROPOSAL CONFERENCE QUESTIONS AND RESPONSES JANUARY 7, 2014 1. If I buy equipment from a retailer or manufacturer, is that considered subcontracting? Any equipment that will need to be purchased for this Contract specifically would be considered a subcontracting opportunity and you would have to perform the good faith effort. 2. Section 5.4.2 (A) the certification, is that a statement that certifies? RESPONSE: The certification is your signature under the Affirmation, Section 4, of the HSP Form (Attachment C). WRITTEN QUESTIONS: 3. Can we submit more than one opportunity to an individual HUB vendor? For instance, we found that one HUB vendor lists themselves under category 915-25, Captioned Services for the Hearing Impaired, and 915-83, Television Services, Satellite (among others). So, we alerted them of two opportunities: for Fiber and Satellite Transmission services, AND for closed-captioning. Does this comply with HUB Participation and HSP 4. Can the subcontracting opportunity cover more than one CMBL category? To fulfill one opportunity, we have written to HUBS with similar offerings that seem to overlap. There are at least three notifications to HUBS in our identified subcontracting opportunity, but not necessarily three notifications to vendors in a single CMBL category. EXAMPLE: for our identified opportunity, Satellite transmission services, we wrote to HUB vendors that 1
are listed under these CMBL categories: 915-83 Television Services, Satellite, and 726-54, ground stations, satellite. Does this comply with HUB Participation and HSP RESPONSE: Proposers may use one or more relevant commodity codes for the scope of work to select certified HUBs for the subcontracting areas, as long as the commodity codes selected are relevant to the goods and/or services to be provided. 5. Is the HSP required for services that are not unique to the Texas Lottery Commission, but are necessary for the operation of the business? RESPONSE: Services utilized globally by Proposers that are not directly related to fulfilling any requirements of the RFP are not considered subcontracting opportunities. 6. We ve not identified subcontracting opportunities for areas where we have very small spending. As an example, for office supplies, we ve typically shopped at whatever retailer was nearest. Does this comply with HUB Participation and HSP RESPONSE: The amount being spent does not determine whether or not a subcontracting opportunity exists. Office supplies were not specifically identified as a subcontracting opportunity in this RFP because their use is considered incidental to the fulfillment of RFP requirements. Therefore, Proposers do not need to identify this area as a subcontracting opportunity (see response to Question 3).Proposers should ask additional questions for clarification of any other specific areas. 7. We will use paper to submit the required reports to the Texas Lottery Commission. Does the Commission consider the purchase of the paper used for required reports to be a subcontracting opportunity for HUB Participation and HSP RESPONSE: Multi-use printer paper is considered a general office supply not directly related to fulfilling any requirements of the RFP and, therefore, not considered a subcontracting opportunity (see response to Question 3). 8. We will provide telephones and corresponding connectivity at the studio location. Does the Commission consider providing telephones and corresponding connectivity at the studio location to be a subcontracting opportunity for HUB Participation and HSP RESPONSE: The purchase of telephone equipment is considered a subcontracting opportunity; standard local and long-distance service for office operations is not considered a subcontracting opportunity. 2
9. We will provide utilities at the studio location. Does the Commission consider providing utilities at the studio location to be a subcontracting opportunity for HUB Participation and HSP RESPONSE: Utility services, including water, waste-water, electricity, and natural gas, are not considered subcontracting opportunities. 10. We may obtain different consulting services to provide services to us, such as a management consultant, attorney, and/or accountant. Under 4.7.3, identified Subcontractor Personnel are persons who provide audit, financial, legal, or compliance services. How broad are you construing this description? What if the person provides audit services to us for all our business activities, including but not limited to this contract? The same with the other categories? Should we be identifying this as a subcontracting opportunity for which we should be sending a HUB solicitation notice? RESPONSE: Section 4.7.3 of the RFP addresses the TLC s right to perform background checks, and does not define subcontractor for purposes of the HSP. See response to Question 3. 11. We already own equipment that we may propose to provide the Commission. Are we required to identify providing such equipment as a subcontracting opportunity and, as such, send HUB Subcontracting Opportunity Notices to HUB vendors? RESPONSE: No. However, please note RFP Section 6.3.1 states: All equipment must be new, not used or re-manufactured. Proposers are invited to submit an option for used equipment (RFP Section 6.23). The Texas Lottery has no obligation to accept any invited option that is submitted; all Proposals will be evaluated on new equipment only. 12. Once a subcontracting opportunity was identified, we wanted to include more information in our notice than was available on the HUB Subcontracting Opportunity Notification Form. We filled out the top of the HUB Subcontracting Opportunity Notification Form, but in the Form, we referenced an attached document. On that document, we included the details, all of our contact information, as well as some questions for the potential respondents. Does this comply with HUB Participation and HSP 13. After identifying subcontractors that we thought could possibly fulfill the opportunity, we identified them by e-mail, and included both documents, plus simple instructions in the body of the message: XYZ Company is in the process of responding to an RFP from the Texas Lottery Commission for Drawing Studio and Broadcast Services. We are seeking bids from qualified vendors for: 3
Broadcast TV Studio Lighting Design/Installation/Service If you are interested, please review both documents that are attached to this message. Feel free to call us with any questions. When printed from the e-mail SENT folder, the e-mail shows the recipients to whom it was sent, the date, and the time. It is our plan to include those e-mail copies as proof of delivery. We did this for potential HUB subcontractors and for trade and professional groups. Is that correct documentation to comply with HUB Participation and HSP Requirements? Copies of the e-mail notices sent by the Proposer are appropriate documentation to include. The documentation must show the recipient s address and the date that the e-mail was sent; it must also demonstrate that HUBs and organizations were allowed seven full working days to respond. 14. We used the same three trade and professional groups for all of our potential subcontracting opportunities. Does this comply with HUB Participation and HSP 15. We emailed some HUB Subcontracting Opportunity notices on December 23, 2013, after 5:00 pm CT, and asked for responses by 5:00 pm CT, January 8, 2014. Does this comply with HUB Participation and HSP Requirements? 4