Contractor Licensure Examination Development and Administration

12-18-25 RFP STATE OF TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE REQUEST FOR PROPOSALS FOR CONTRACTOR LICENSURE EXAMINATION DEVELOPMENT AND ADMINISTRATION RFP # 33501- 267602 RFP CONTENTS SECTIONS: 1. INTRODUCTION 2. RFP SCHEDULE OF EVENTS 3. RESPONSE REQUIREMENTS 4. GENERAL CONTRACTING INFORMATION & REQUIREMENTS 5. EVALUATION & CONTRACT AWARD ATTACHMENTS: 6.1. Response Statement of Certifications & Assurances 6.2. Technical Response & Evaluation Guide 6.3. Cost Proposal & Scoring Guide 6.4. Reference Questionnaire 6.5. Score Summary Matrix 12-18-25 RFP 6.6. Pro Forma Contract 12-18-25 RFP RFP # 33501- 267602 1 1. INTRODUCTION The State of Tennessee, Department of Commerce and Insurance, hereinafter referred to as “the State,” issues this Request for Proposals (RFP) to define minimum contract requirements; solicit responses; detail response requirements; and outline the State’s process for evaluating responses and selecting a contractor to provide the needed goods or services. Through this RFP, the State seeks to procure necessary goods or services at the most favorable, competitive prices and to give ALL qualified respondents an opportunity to do business with the state as contractors, subcontractors or suppliers. 1.1. Statement of Procurement Purpose The State of Tennessee, Department of Commerce and Insurance, Division of Regulatory Boards, Tennessee Board for Licensing Contractors (the “State”) issued this Request for Proposals (RFP) to: (i) define the State’s minimum service requirements; (ii) solic it proposals; (iii) detail proposal requirements; and (iv) outline the State’s process for evaluating proposals and selecting a contractor. 1.1.2. The State intends to procure one (1) contract for the development and administration of examinations for three types of licenses: Contractors, Limited License Electricians, and Limited License Plumbers. During the Term of the resulting contract, the State expects to administer approximately 24,193 Contractor examinations, 8371 Limited License Electrician examinations, and 1917 Limited License Plumber examinations. 1.2. Scope of Service, Contract Period, & Required Terms and Conditions The RFP Attachment 6.6., Pro Forma Contract details the State’s requirements:  Scope of Services and Deliverables (Section A);  Contract Period (Section B);  Payment Terms (Section C);  Standard Terms and Conditions (Section D); and,  Special Terms and Conditions (Section E). The pro forma contract substantially represents the contract document that the successful Respondent must sign. 1.3. Nondiscrimination No person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of a Contract pursuant to this RFP or in the employment practices of the Contractor on the grounds of handicap or disability, age, race, creed, color, religion, sex, national origin, or any other classification protected by federal, Tennessee state constitutional, or statutory law. The Contractor pursuant to this RFP shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination. 1.4. RFP Communications 1.4.1. The State has assigned the following RFP identification number that must be referenced in all communications regarding this RFP: RFP # 33501- 267602 1.4.2. Unauthorized contact about this RFP with employees or officials of the State of Tennessee except as detailed below may result in disqualification from consideration under this procurement process. 12-18-25 RFP RFP # 33501- 267602 2 1.4.2.1. Prospective Respondents must direct communications concerning this RFP to the following person designated as the Solicitation Coordinator : DeRenne Raley Department of General Services, CPO 312 Rosa L. Parks Avenue, 3rd Floor Nashville, Tennessee 37243 Telephone (615) 251- 5173 derenne.raley@tn.gov 1.4.2.2. Notwithstanding the foregoing, Prospective Respondents may alternatively contact: the following individual designated by the State to coordinate compliance with the nondiscrimination requirements of the State of Tennessee, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and associated federal regul ations: Helen Crowley Department of General Services, CPO 312 Rosa L Parks Avenue, 3rd Floor Tennessee Tower Nashville, Tennessee 37243- 1102 Telephone (615) 741- 1035 Helen.Crowley@tn.gov 1.4.3. Only the State’s official, written responses and communications with Respondents are binding with regard to this RFP. Oral communications between a State official and one or more Respondents are unofficial and non- binding. 1.4.4. Potential Respondents must ensure that the State receives all written questions and comments, including questions and requests for clarification, no later than the Written Questions & Comments Deadline detailed in the RFP Section 2, Schedule of Events . 1.4.5. Respondents must assume the risk of the method of dispatching any communication or response to the State. The State assumes no responsibility for delays or delivery failures resulting from the Respondent’s method of dispatch. Actual or digital “postmark ing” of a communication or response to the State by a specified deadline is not a substitute for the State’s actual receipt of a communication or response. It is encouraged for Respondents to submit bids digitally. 1.4.6. The State will convey all official responses and communications related to this RFP to the prospective Respondents from whom the State has received a Notice of Intent to Respond (refer to RFP Section 1.8). 1.4.7. The State reserves the right to determine, at its sole discretion, the method of conveying official, written responses and communications related to this RFP. Such written communications may be transmitted by mail, hand- delivery, facsimile, electronic m ail, Internet posting, or any other means deemed reasonable by the State. For internet posting, please refer to the following website: https://www.tn.gov/generalservices/procurement/central -procurement -office --cpo - /supplier -information/request -for-proposals --rfp--opportunities1.html . 1.4.8. The State reserves the right to determine, at its sole discretion, the appropriateness and adequacy of responses to written comments, questions, and requests related to this RFP. The State’s official, written responses will constitute an amendment of this RFP. 1.4.9. Any data or factual information provided by the State (in this RFP, an RFP amendment or any other communication relating to this RFP) is for informational purposes only. The State will make reasonable efforts to ensure the accuracy of such data or inform ation, however it is the 12-18-25 RFP RFP # 33501- 267602 3 Respondent’s obligation to independently verify any data or information provided by the State. The State expressly disclaims the accuracy or adequacy of any information or data that it provides to prospective Respondents. 1.5. Assistance to Respondents With a Handicap or Disability Prospective Respondents with a handicap or disability may receive accommodation relating to the communication of this RFP and participating in the RFP process. Prospective Respondents may contact the Solicitation Coordinator to request such reasonable accommodation no later than the Disability Accommodation Request Deadline detailed in the RFP Section 2, Schedule of Events. 1.6. Respondent Required Review & Waiver of Objections 1.6.1. Each prospective Respondent must carefully review this RFP, including but not limited to, attachments, the RFP Attachment 6.6., Pro Forma Contract , and any amendments, for questions, comments, defects, objections, or any other matter requiring clarification or correction (collectively called “questions and comments”). 1.6.2. Any prospective Respondent having questions and comments concerning this RFP must provide them in writing to the State no later than the Written Questions & Comments Deadline detailed in the RFP Section 2, Schedule of Events. 1.6.3. Protests based on any objection to the RFP shall be considered waived and invalid if the objection has not been brought to the attention of the State, in writing, by the Written Questions & Comments Deadline. 1.7. Pre-Response Conference A Pre -response Conference will be held at the time and date detailed in the RFP Section 2, Schedule of Events. Pre- response Conference attendance is not mandatory, and prospective Respondents may be limited to a maximum number of attendees depending upon overall attendance and space limitations. The conference will be held at: Microsoft Teams Join: https://teams.microsoft.com/meet/21674712852574?p=Sb7GPqmOUZyNKLkMCP Meeting ID: 216 747 128 525 74 Passcode: aD6Go673 The purpose of the conference is to discuss the RFP scope of goods or services. The State will entertain questions, however prospective Respondents must understand that the State’s oral response to any question at the Pre- response Conference shall be unofficial and non- binding. Prospective Respondents must submit all quest ions, comments, or other concerns regarding the RFP in writing prior to the Written Questions & Comments Deadline date detailed in the RFP Section 2, Schedule of Event s. The State will send the official response to these questions and comments to prospective Respondents from whom the State has received a Notice of Intent to respond as indicated in RFP Section 1.8 and on the date detailed in the RFP Section 2, Schedule of Events. 1.8. Notice of Intent to Respond Before the Notice of Intent to Respond Deadline detailed in the RFP Section 2, Schedule of Events, prospective Respondents should submit to the Solicitation Coordinator a Notice of Intent to Respond (in the form of a simple e- mail or other written communication). Such notice should include the following information:  the business or individual’s name (as appropriate) ;  a contact person’s name and title; and  the contact person’s mailing address, telephone number, facsimile number, and e- mail address . 12-18-25 RFP RFP # 33501- 267602 4 A Notice of Intent to Respond creates no obligation and is not a prerequisite for submitting a response, however, it is necessary to ensure receipt of any RFP amendments or other notices and communications relating to this RFP. 1.9. Response Deadline A Respondent must ensure that the State receives a response no later than the R esponse Deadline time and date detailed in the RFP Section 2, Schedule of Events. The State will not accept late responses, and a Respondent’s failure to submit a response before the deadline will result in disqualification of the response. It is the responsibility of the Respondent to ascertain any additional security requirements with respect to packaging and delivery to the State of Tennessee. Respo ndents should be mindful of any potential delays due to security screening procedures , weather, or other filing delays whether foreseeable or unforeseeable. 09-18-25 RFP RFP # 33501- 267602 5 2. RFP SCHEDULE OF EVENTS 2.1. The following RFP Schedule of Events represents the State’s best estimate for this RFP. EVENT TIME (central time zone) DATE 1. RFP Issued March 3, 2026 2. Disability Accommodation Request Deadline 2:00 p.m. March 6, 2026 3. Pre-response Conference 10 a.m. March 9, 2026 4. Notice of Intent to Respond Deadline 2:00 p.m. March 10, 2026 5. Written “Questions & Comments” Deadline 2:00 p.m. March 13, 2026 6. State Response to Written “Questions & Comments” March 27, 2026 7. Response Deadline 2:00 p.m. April 7, 2026 8. State Completion of Technical Response Evaluations April 28, 2026 9. State Opening & Scoring of Cost Proposals 2:00 p.m. April 29, 2026 10. State Notice of Intent to Award Released and RFP Files Opened for Public Inspection May 1, 2026 11. End of Protest Period May 8, 2026 12. State sends contract to Contractor for signature May 11, 2026 13. Contractor Signature Deadline 2:00 p.m. May 12, 2026 2.2. The State reserves the right, at its sole discretion, to adjust the RFP Schedule of Events as it deems necessary. Any adjustment of the Schedule of Events shall constitute an RFP amendment, and the State will communicate such to prospective Respondents from whom the State has received a Notice of Intent to Respond (refer to section 1.8). 09-18-25 RFP RFP # 33501- 267602 6 3. RESPONSE REQUIREMENTS 3.1. Response Form A response to this RFP must consist of two parts, a Technical Response and a Cost Proposal. 3.1.1. Technical Response. RFP Attachment 6.2., Technical Response & Evaluation Guide provides the specific requirements for submitting a response. This guide includes mandatory requirement items, general qualifications and experience items, and technical qualifications, experience, and approach items all of which must be addressed with a written response and, in some instances, additional documentation. NOTICE: A technical response must not include any pricing or cost information. If any pricing or cost information amounts of any type (even pricing relating to other projects) is included in any part of the technical response, the state may deem the response to be non- responsive and reject it. 3.1.1.1. A Respondent should duplicate and use the RFP Attachment 6.2., Technical Response & Evaluation Guide to organize, reference, and draft the Technical Response by duplicating the attachment, adding appropriate page numbers as required, and using the guide as a table of contents covering the Technical Response. 3.1.1.2. A response should be economically prepared, with emphasis on completeness and clarity. A response, as well as any reference material presented, must be written in English and must be written on standard 8 ½” x 11” pages (although oversize exhibits are permissible) and use a 12 point font for text. All response pages must be numbered. 3.1.1.3. All information and documentation included in a Technical Response should correspond to or address a specific requirement detailed in the RFP Attachment 6.2., Technical Response & Evaluation Guide. All information must be incorporated into a response to a specific requirement and clearly referenced. Any information not meeting these criteria will be deemed extraneous and will not contribute to evaluations. 3.1.1.4. The State may determine a response to be non- responsive and reject it if: a. the Respondent fails to organize and properly reference the Technical Response as required by this RFP and the RFP Attachment 6.2., Technical Response & Evaluation Guide; or b. the Technical Response document does not appropriately respond to, address, or meet all of the requirements and response items detailed in the RFP Attachment 6.2., Technical Response & Evaluation Guide. 3.1.2. Cost Proposal . A Cost Proposal must be recorded on an exact duplicate of the RFP Attachment 6.3., Cost Proposal & Scoring Guide . NOTICE: If a Respondent fails to submit a cost proposal exactly as required, the State may deem the response to be non -responsive and reject it. 3.1.2.1. A Respondent must only record the proposed cost exactly as required by the RFP Attachment 6.3., Cost Proposal & Scoring Guide and must NOT record any other rates, amounts, or information. 12-18-25 RFP RFP # 33501- 267602 7 3.1.2.2. The proposed cost shall incorporate ALL costs for services under the contract for the total contract period, including any renewals or extensions. 3.1.2.3. A Respondent must sign and date the Cost Proposal. 3.1.2.4. A Respondent must submit the Cost Proposal to the State in a sealed package separate from the Technical Response (as detailed in RFP Sections 3.2.3., et seq. ). 3.2. Response Delivery 3.2.1. A Respondent must ensure that both the original Technical Response and Cost Proposal documents meet all form and content requirements, including all required signatures, as detailed within this RFP , as may be amended . 3.2.2. A Respondent must submit original Technical Response and Cost Proposal documents and copies as specified below. 3.2.2.1. One (1) original Technical Response paper document labeled: “RFP # 33501- 267602 TECHNICAL RESPONSE ORIGINAL” and ONE (1) digital copies of the Technical Response each in the form of one (1) digital document in “PDF” format properly recorded on its own otherwise blank USB flash drive labeled: “RFP # 33501- 267602 TECHNICAL RESPONSE COPY” The digital copies should not include copies of sealed customer references, however any other discrepancy between the paper Technical Response document and any digital copies may result in the State rejecting the proposal as non- responsive. 3.2.2.2. One (1) original Cost Proposal paper document labeled: “RFP # 33501- 267602 COST PROPOSAL ORIGINAL” and one (1) copy in the form of a digital document in “PDF/XLS” format properly recorded on separate, blank USB flash drive labeled: “RFP # 33501- 267602 COST PROPOSAL COPY” In the event of a discrepancy between the original Cost Proposal document and the digital copy, the original, signed document will take precedence. 3.2.3. A Respondent must separate, seal, package, and label the documents and copies for delivery as follows : 3.2.3.1. The Technical Response original document and digital copies must be placed in a sealed package that is clearly labeled: “DO NOT OPEN… RFP # 33501- 267602 TECHNICAL RESPONSE FROM [RESPONDENT LEGAL ENTITY NAME]” 3.2.3.2. The Cost Proposal original document and digital copy must be placed in a separate, sealed package that is clearly labeled: “DO NOT OPEN… RFP # 33501- 267602 COST PROPOSAL FROM [RESPONDENT LEGAL ENTITY NAME]” 12-18-25 RFP RFP # 33501- 267602 8 3.2.3.3. The separately, sealed Technical Response and Cost Proposal components may be enclosed in a larger package for mailing or delivery, provided that the outermost package is clearly labeled: “RFP # 33501- 267602 SEALED TECHNICAL RESPONSE & SEALED COST PROPOSAL FROM [RESPONDENT LEGAL ENTITY NAME]” 3.2.4. A Respondent must ensure that the State receives a response no later than the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events at the following address : DeRenne Raley Department of General Services, CPO 312 Rosa L. Parks Avenue, 3rd Floor Nashville, Tennessee 37243 Telephone (615) 251- 5173 derenne.raley@tn.gov 3.3. Response & Respondent Prohibitions 3.3.1. A response must not include alternate contract terms and conditions. If a response contains such terms and conditions, the State, at its sole discretion, may determine the response to be a non-responsive counteroffer and reject it. 3.3.2. A response must not restrict the rights of the State or otherwise qualify either the offer to deliver goods or provide services as required by this RFP or the Cost Proposal. If a response restricts the rights of the State or otherwise qualifies either the offer to deliver goods or provide services as required by this RFP or the Cost Proposal, the State, at its sole discretion, may determine the response to be a non- responsive counteroffer and reject it. 3.3.3. A response must not propose alternative goods or services ( i.e., offer services different from those requested and required by this RFP) unless expressly requested in this RFP. The State may consider a response of alternative goods or services to be non- responsive and reject it. 3.3.4. A Cost Proposal must be prepared and arrived at independently and must not involve any collusion between Respondents. The State will reject any Cost Proposal that involves collusion, consultation, communication, or agreement between Respondent s. Regardless of the time of detection, the State will consider any such actions to be grounds for response rejection or contract termination. 3.3.5. A Respondent must not provide, for consideration in this RFP process or subsequent contract negotiations, any information that the Respondent knew or should have known was materially incorrect. If the State determines that a Respondent has provided such incorrect information, the State will deem the Response non- responsive and reject it. 3.3.6. A Respondent must not submit more than one Technical Response and one Cost Proposal in response to this RFP , except as expressly requested by the State in this RFP . If a Respondent submits more than one Technical Response or more than one Cost Proposal, the State will deem all of the responses non- responsive and reject them. 3.3.7. A Respondent must not submit a response as a prime contractor while also permitting one or more other Respondents to offer the Respondent as a subcontractor in their own responses. Such may result in the disqualification of all Respondents knowingly involved. This restrictio n does not, however, prohibit different Respondents from offering the same subcontractor as a part of their responses (provided that the subcontractor does not also submit a response as a prime contractor). 12-18-25 RFP RFP # 33501- 267602 9 3.3.8. The State shall not consider a response from an individual who is, or within the past six (6) months has been, a State employee. For purposes of this RFP: 3.3.8.1. An individual shall be deemed a State employee until such time as all compensation for salary, termination pay, and annual leave has been paid; 3.3.8.2. A contract with or a response from a company, corporation, or any other contracting entity in which a controlling interest is held by any State employee shall be considered to be a contract with or proposal from the employee; and 3.3.8.3. A contract with or a response from a company, corporation, or any other contracting entity that employs an individual who is, or within the past six (6) months has been, a State employee shall not be considered a contract with or a proposal from the employ ee and shall not constitute a prohibited conflict of interest. 3.3.9. This RFP is also subject to Tenn. Code Ann. § 12- 4-101—105. 3.4. Response Errors & Revisions A Respondent is responsible for any and all response errors or omissions. A Respondent will not be allowed to alter or revise response documents after the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events unless such is for mally requested, in writing, by the State. 3.5. Response Withdrawal A Respondent may withdraw a submitted response at any time before the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events by submitting a written request signed by an authorized Respondent representative. After withdrawing a response, a Respondent may submit another response at any time before the Response Deadline. After the Response Deadline, a Respondent may only withdraw all or a portion of a response where the enforcement of the response would i mpose an unconscionable hardship on the Respondent. 3.6. Additional Services If a response offers goods or services in addition to those required by and described in this RFP, the State, at its sole discretion, may add such services to the contract aw arded as a result of this RFP. Notwithstanding the foregoing, a Respondent must not propose any additional cost amounts or rates for additional goods or services. Regardless of any additional services offered in a response, the Respondent’s Cost Proposal must only record the proposed c ost as required in this R FP and must not record any other rates, amounts, or information. NOTICE: If a Respondent fails to submit a Cost Proposal exactly as required, the State may deem the response non -responsive and reject it. 3.7. Response Preparation Costs The State will not pay any costs associated with the preparation, submittal, or presentation of any response. 09-18-25 RFP RFP # 33501- 267602 10 4. GENERAL CONTRACTING INFORMATION & REQUIREMENTS 4.1. RFP Amendment The State at its sole discretion may amend this RFP, in writing, at any time prior to contract award. However, prior to any such amendment, the State will consider whether it would negatively impact the ability of potential Respondents to meet the respons e deadline and revise the RFP Schedule of Events if deemed appropriate. If an RFP amendment is issued, the State will convey it to potential Respondents who submitted a Notice of Intent to Respond (refer to RFP Section 1.8). A response must address the final RFP (including its attachments) as amended. 4.2. RFP Cancellation The State reserves the right, at its sole discretion, to cancel the RFP or to cancel and reissue this RFP in accordance with applicable laws and regulations. 4.3. State Right of Rejection 4.3.1. Subject to applicable laws and regulations, the State reserves the right to reject, at its sole discretion, any and all responses. 4.3.2. The State may deem as non- responsive and reject any response that does not comply with all terms, conditions, and performance requirements of this RFP. Notwithstanding the foregoing, the State reserves the right to waive, at its sole discretion, minor variances from full compliance with this RFP. If the State waives variances in a response, such waiver shall not modify the RFP requirements or excuse the Respondent from full compliance, and the State may hold any resulting Contractor to strict com pliance with this RFP. 4.4. Assignment & Subcontracting 4.4.1. The Contractor may not subcontract, transfer, or assign any portion of the Contract awarded as a result of this RFP without prior approval of the State. The State reserves the right to refuse approval, at its sole discretion, of any subcontract, transfer, or assignment. 4.4.2. If a Respondent intends to use subcontractors, the response to this RFP must specifically identify the scope and portions of the work each subcontractor will perform (refer to RFP Attachment 6.2., Section B, General Qualifications & Experience Item B.14.). 4.4.3. Subcontractors identified within a response to this RFP will be deemed as approved by the State unless the State expressly disapproves one or more of the proposed subcontractors prior to signing the Contract. 4.4.4. After contract award, a Contractor may only substitute an approved subcontractor at the discretion of the State and with the State’s prior, written approval. 4.4.5. Notwithstanding any State approval relating to subcontracts, the Respondent who is awarded a contract pursuant to this RFP will be the prime contractor and will be responsible for all work under the Contract. 4.5. Right to Refuse Personnel or Subcontractors The State reserves the right to refuse, at its sole discretion and notwithstanding any prior approval, any personnel of the prime contractor or a subcontractor providing goods or services in the performance of a contract resulting from this RFP. The State will document in writing the reason(s) for any rejection of personnel. 12-18-25 RFP RFP # 33501- 267602 11 4.6. Insurance The State will require the awarded Contractor to provide a Certificate of Insurance issued by an insurance company licensed or authorized to provide insurance in the State of Tennessee. Each Certificate of Insurance shall indicat e current insurance coverages meeting minimum requirements as may be specified by this RFP. A f ailure to provide a current, Certificate of Insurance will be considered a material breach and grounds for contract termination. 4.7. Professional Licensure and Department of Revenue Registration 4.7.1. All persons, agencies, firms, or other entities that provide legal or financial opinions, which a Respondent provides for consideration and evaluation by the State as a part of a response to this RFP, shall be properly licensed to render such opinions. 4.7.2. Before the Contract resulting from this RFP is signed, the apparent successful Respondent (and Respondent employees and subcontractors, as applicable) must hold all necessary or appropriate business or professional licenses to provide the goods or services as required by the contract. The State may require any Respondent to submit evidence of proper licensure. 4.7.3. Before the Contract resulting from this RFP is signed, the apparent successful Respondent must be registered with the Tennessee Department of Revenue for the collection of Tennessee sales and use tax. The State shall not award a contract unless the Respondent provides proof of such registration or provides documentation from the Department of Revenue that the Contractor is exempt from this registration requirement. The foregoing is a mandatory requirement of an award of a contract pursuant to this solicitation. To register, please visit the Department of Revenue’s Tennessee Taxpayer Access Point (TNTAP) website for Online Registration and the Vendor Contract Questionnaire. These resources are available at the following: https://tntap.tn.gov/eservices/_/#1 4.8. Disclosure of Response Contents 4.8.1. All materials submitted to the State in response to this RFP shall become the property of the State of Tennessee. Respondents are cautioned not to provide any materials in response to this RFP that are trade secrets, as defined under Tenn. Code Ann. § 47- 25-1702 and any other applicable law. By submitting a response to this RFP, the respondent acknowledges and agrees that the State shall have no liability whatsoever for disclosure of a trade secret under the Uniform Trade Secrets Act, as provided at Tenn. Code Ann. § 47- 25-1701- 1709, or under any other applicable law. Selection or rejection of a response does not affect this right. By submitting a response, a Respondent acknowledges and accepts that the full response contents and associated documents will become open to public inspection in accordance with the laws o f the State of Tennessee. 4.8.2. The State will hold all response information, including both technical and cost information, in confidence during the evaluation process. 4.8.3. Upon completion of response evaluations, indicated by public release of a Notice of Intent to Award, the responses and associated materials will be open for review by the public in accordance with Tenn. Code Ann. § 10-7-504(a)(7). 4.9. Contract Approval and Contract Payments 4.9.1. After contract award, the Contractor who is awarded the contract must submit appropriate documentation with the Department of Finance and Administration, Division of Accounts. 4.9.2. This RFP and its contractor selection processes do not obligate the State and do not create rights, interests, or claims of entitlement in either the Respondent with the apparent best - evaluated response or any other Respondent. State obligations pursuant to a contract award shall commence only after the C ontract is signed by the State agency head and the Contractor 12-18-25 RFP RFP # 33501- 267602 12 and after the Contract is approved by all other state officials as required by applicable laws and regulations. 4.9.3. No payment will be obligated or made until the relevant Contract is approved as required by applicable statutes and rules of the State of Tennessee. 4.9.3.1. The State shall not be liable for payment of any type associated with the Contract resulting from this RFP (or any amendment thereof) or responsible for any goods delivered or services rendered by the Contractor, even goods delivered or services rendered in good faith and even if the Contractor is orally directed to proceed with the delivery of goods or the rendering of services, if it occurs before the Contract Effective Date or after the Contract Term. 4.9.3.2. All payments relating to this procurement will be made in accordance with the Payment Terms and Conditions of the Contract resulting from this RFP (refer to RFP Attachment 6.6., Pro Forma Contract , Section C). 4.9.3. 3. If any provision of the Contract provides direct funding or reimbursement for the competitive purchase of goods or services as a component of contract performance or otherwise provides for the reimbursement of specified, actual costs, the State will emplo y all reasonable means and will require all such documentation that it deems necessary to ensure that such purchases were competitive and costs were reasonable, necessary, and actual. The Contractor shall provide reasonable assistance and access related to such review. Further, the State shall not remit, as funding or reimbursement pursuant to such provisions, any amounts that it determines do not represent reasonable, necessary, and actual costs. 4.10. Contractor Performance The Contractor who is awarded a contract will be responsible for the delivery of all acceptable goods or the satisfactory completion of all services set out in this RFP (including attachments) as may be amended. All goods or services are subject to inspec tion and evaluation by the State. The State will employ all reasonable means to ensure that goods delivered or services rendered are in compliance with the Contract, and the Contractor must cooperate with such efforts. 4.11. Contract Amendment After Contract award, the State may request the Contractor to deliver additional goods or perform additional services within the general scope of the C ontract and this RFP, but beyond the specified Scope, and for which the Contractor may be compensated. In such instances, the State will provide the Contractor a written description of the additional goods or services. The Contractor must respond to the State with a time schedule for delivering the additional goods or accomplishing the additional services based on the compensable units included in the Contractor’s response to this RFP. If the State and the Contractor reach an agreement regarding the goods or services and associated compensation, such agreement must be effected by means of a contract amendment. Further, any such amendment requiring additional goods or services must be signed by both the State agency head and the Contractor and must be approved by other state officials as required by applicable statutes, rules, polic ies and procedures of the State of Tennessee. The Contractor must not provide additional goods or render additional services until the State has issued a written contract amendment with all required approvals. 4.12. Severability If any provision of this RFP is declared by a court to be illegal or in conflict with any law, said decision will not affect the validity of the remaining RFP terms and provisions, and the rights and obligations of the State and Respondents will be construed and enforced as if the RFP did not contain the particular provision held to be invalid. 12-18-25 RFP RFP # 33501- 267602 13 4.13. Next Ranked Respondent The State reserves the right to initiate negotiations with the next ranked Respondent should the State cease doing business with any Respondent selected via this RFP process. 09-18-25 RFP RFP # 33501- 267602 14 5. EVALUATION & CONTRACT AWARD 5.1. Evaluation Categories & Maximum Points The State will consider qualifications, experience, technical approach, and cost in the evaluation of responses and award points in each of the categories detailed below (up to the maximum evaluation points indicated) to each response deemed by the State to be responsive. EVALUATION CATEGORY MAXIMUM POINTS POSSIBLE General Qualifications & Experience (refer to RFP Attachment 6.2., Section B) 30 Technical Qualifications, Experience & Approach (refer to RFP Attachment 6.2., Section C) 40 Cost Proposal (refer to RFP Attachment 6.3.) 30 5.2. Evaluation Process The evaluation process is designed to award the contract resulting from this RFP not necessarily to the Respondent offering the lowest cost, but rather to the Respondent deemed by the State to be responsive and responsible who offers the best combination of attributes based upon the evaluation criteria. (“Responsive Respondent” is defined as a Respondent that has submitted a response that conforms in all material respects to the RFP. “Responsible Respondent” is defined as a Respondent that has the capacit y in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.) 5.2.1. Technical Response Evaluation . The Solicitation Coordinator and the Proposal Evaluation Team (consisting of three (3) or more State employees) will use the RFP Attachment 6.2., Technical Response & Evaluation Guide to manage the Technical Response Evaluation and maintain evaluation records. 5.2.1.1. The State reserves the right, at its sole discretion, to request Respondent clarification of a Technical Response or to conduct clarification discussions with any or all Respondents. Any such clarification or discussion will be limited to specific sections of the response identified by the State. The subject Respondent must put any resulting clarification in writing as may be required and in accordance with any deadline imposed by the State. 5.2.1.2. The Solicitation Coordinator will review each Technical Response to determine compliance with RFP Attachment 6.2., Technical Response & Evaluation Guide, Section A — Mandatory Requirements. If the Solicitation Coordinator determines that a response failed to meet one or more of the mandatory requirements, the Solicitation Coordinator will review the response and determine whether: a. the response adequately meets RFP requirements for further evaluation; b. the State will request clarifications or corrections for consideration prior to further evaluation; or, c. the State will determine the response to be non- responsive to the RFP and reject it. 5.2.1.3. Proposal Evaluation Team members will independently evaluate each Technical Response (that is responsive to the RFP) against the evaluation criteria in this RFP, 12-18-25 RFP RFP # 33501- 267602 15 and will score each in accordance with the RFP Attachment 6.2., Technical Response & Evaluation Guide. 5.2.1.4. For each response evaluated, the Solicitation Coordinator will calculate the average of the Proposal Evaluation Team member scores for RFP Attachment 6.2., Technical Response & Evaluation Guide, and record each average as the response score for the respective Technical Response section. 5.2.1.5. Before Cost Proposals are opened, the Proposal Evaluation Team and the Solicitation Coordinator will review the Technical Response Evaluation record and any other available information pertinent to whether or not each Respondent is responsive and responsible. If the Proposal Evaluation Team or the Solicitation Coordinator identifies any Respondent that does not meet the responsive and responsible thresholds such that the team or the Solicitation Coordinator would not recommend the Respondent for Cost Proposal Evaluation and potential contract award, the team members or the Solicitation Coordinator will fully document the determination. 5.2.2. Cost Proposal Evaluation . The Solicitation Coordinator will open for evaluation the Cost Proposal of each Respondent deemed by the State to be responsive and responsible and calculate and record each Cost Proposal score in accordance with the RFP Attachment 6.3., Cost Proposal & Scoring Guide. 5.2.3. Total Response Score. The Solicitation Coordinator will calculate the sum of the Technical Response section scores and the Cost Proposal score and record the resulting number as the total score for the subject Response (refer to RFP Attachment 6.5., Score Summary Matrix). 5.3. Contract Award Process 5.3.1 The Solicitation Coordinator will review the Proposal Evaluation Team determinations and scores for consideration along with any other relevant information that might be available and pertinent to contract award. 5.3.2. The Solicitation Coordinator will determine the apparent best -evaluated Response using the scoring provided by the Proposal Evaluation Team . To effect a contract award to a Respondent other than the one receiving the highest evaluation process score, the Solicitation Coordinator must provide written justification and obtain the written approval of the Chief Procurement Officer and the Comptroller of the Treasury. 5.3.3. The State will issue a Notice of Intent to Award identifying the apparent best -evaluated response and make the RFP files available for public inspection at the time and date specified in the RFP Section 2, Schedule of Events. NOTICE: The Notice of Intent to Award shall not create rights, interests, or claims of entitlement in either the apparent best -evaluated Respondent or any other Respondent. 5.3.4. The Respondent identified as offering the apparent best -evaluated response must sign a contract drawn by the State pursuant to this RFP. The Contract shall be substantially the same as the RFP Attachment 6.6., Pro Forma Contract . The Respondent must sign the contract by the Contractor Signature Deadline detailed in the RFP Section 2, Schedule of Events. If the Respondent fails to provide the signed C ontract by this deadline, the State may determine that the Respondent is non- responsive to this RFP and reject the response. 5.3.5. Notwithstanding the foregoing, the State may, at its sole discretion, entertain limited terms and conditions or pricing negotiations prior to C ontract signing and, as a result, revise the pro forma contract terms and conditions or performance requirements in the State’s best interests, PROVIDED THAT such revision of terms and conditions or performance requirements shall NOT 12-18-25 RFP RFP # 33501- 267602 16 materially affect the basis of response evaluations or negatively impact the competitive nature of the RFP and contractor selection process. 5.3.6. If the State determines that a response is non- responsive and rejects it after opening Cost Proposals, the Solicitation Coordinator will re -calculate scores for each remaining responsive Cost Proposal to determine (or re -determine) the apparent best -evaluated response. 09-18-25 RFP RFP # 33501- 267602 17 RFP ATTACHMENT 6. 1. RFP # 33501- 267602 STATEMENT OF CERTIFICATIONS AND ASSURANCES The Respondent must sign and complete the Statement of Certifications and Assurances below as required , and it must be included in the Technical Response (as required by RFP Attachment 6.2., Technical Response & Evaluation Guide, Section A, Item A.1.) . The Respondent does, hereby, expressly affirm, declare, confirm, certify, and assure ALL of the following: 1. The Respondent will comply with all of the provisions and requirements of the RFP. 2. The Respondent will provide all services as defined in the Scope of the RFP Attachment 6.6., Pro Forma Contract for the total C ontract Term . 3. The Respondent , except as otherwise provided in this RFP, accepts and agrees to all terms and conditions set out in the RFP Attachment 6.6., Pro Forma Contract . 4. The Respondent acknowledges and agrees that a contract resulting from the RFP shall incorporate, by reference, all proposal responses as a part of the C ontract. 5. The Respondent will comply with: (a) the laws of the State of Tennessee; (b) Title VI of the federal Civil Rights Act of 1964; (c) Title IX of the federal Education Amendments Act of 1972; (d) the Equal Employment Opportunity Act and the regulations issued there under by the federal government; and, (e) the Americans with Disabilities Act of 1990 and the regulations issued there under by the federal government. 6. To the knowledge of the undersigned, the information detailed within the response submitted to this RFP is accurate. 7. The response submitted to this RFP was independently prepared, without collusion, under penalty of perjury. 8. No amount shall be paid directly or indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Respondent in connection with this RFP or any resulting contract. 9. Both the Technical Response and the Cost Proposal submitted in response to this RFP shall remain valid for at least 120 days subsequent to the date of the Cost Proposal opening and thereafter in accordance with any contract pursuant to the RFP. 10. The Respondent affirms the following statement, as required by the Iran Divestmen t Act Tenn. Code Ann. § 12 -12- 111: “By submission of this bid, each bidder and each person sig ning on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bid der is not on the list created pursuant to §12- 12-106.” For reference purposes, the list is currently available online at: https://www.tn.gov/generalservices/procurement/central -procurement -office --cpo - /library -/public -information- library.html . By signing this Statement of Certifications and Assurances, below, the signatory also certifies legal authority to bind the proposing entity to the provisions of this RFP and any contract awarded pursuant to it. If the signatory is not the Respondent (if an individual) or the Respondent’s company President or Chief Executive Officer , this document must attach evidence showing the individual’s authority to bind the Respondent. DO NOT SIGN THIS DOCUMENT IF YOU ARE NOT LEGALLY AUTHORIZED TO BIND THE RESPONDENT SIGNATURE: PRINTED NAME & TITLE: DATE: RESPONDENT LEGAL ENTITY NAME : 09-18-25 RFP RFP # 33501- 267602 18 RFP ATTACHMENT 6.2. — Section A TECHNICAL RESPONSE & EVALUATION GUIDE SECTION A: MANDATORY REQUIREMENTS. The Respondent must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. The Solicitation Coordinator will review the response to determine if the Mandatory Requirement Items are addressed as required and mark each with pass or fail. For each item that is not addressed as required, the Solicitation Coordinator must review the response and attach a written determination. In addition to the Mandatory Requirement Items , the Solicitation Coordinator will review each response for compliance with all RFP requirements. RESPONDENT LEGAL ENTITY NAME: Response Page # (Respondent completes) Item Ref. Section A — Mandatory Requirement Items Pass/Fail The Response must be delivered to the State no later than the Response Deadline specified in the RFP Section 2, Schedule of Events. The Technical Response and the Cost Proposal documentation must be packaged separately as required (refer to RFP Section 3.2., et. seq. ). The Technical Response must NOT contain cost or pricing information of any type. The Technical Response must NOT contain any restrictions of the rights of the State or other qualification of the response. A Respondent must NOT submit alternate responses (refer to RFP Section 3.3.). A Respondent must NOT submit multiple responses in different forms (as a prime and a subcontractor) (refer to RFP Sectio n 3.3. ). A.1. Provide the Statement of Certifications and Assurances (RFP Attachment 6.1.) completed and signed by an individual empowered to bind the Respondent to the provisions of this RFP and any resulting contract. The document must be signed without exception or qualification. A.2. Provide a statement, based upon reasonable inquiry, of whether the Respondent or any individual who shall cause to deliver goods or perform services under the contract has a possible conflict of interest ( e.g., employment by the State of Tennessee) and, if so, the nature of that conflict. NOTE: Any questions of conflict of interest shall be solely within the discretion of the State, and the State reserves the right to cancel any award. A.3. Provide a current bank reference indicating that the Respondent maintains a satisfactory business relationship with the financial institution. Such reference must be written in the form of a standard business letter, signed, and dated within the past three (3) months. A.4. Provide two current positive credit references from vendors with which the Respondent has done business written in the form of standard business letters, signed, and dated within the past three (3) months. 12-18-25 RFP RFP # 33501- 267602 19 RESPONDENT LEGAL ENTITY NAME: Response Page # (Respondent completes) Item Ref. Section A — Mandatory Requirement Items Pass/Fail A.5 Provide an official document or letter from an accredited credit bureau, dated within the last three (3) months and indicating a satisfactory credit score for the Respondent (NOTE: A credit bureau report number without the full report is insufficient and will not be considered responsive.) A.6. Provide documentation of the Respondent’s certification as a National Association of State Contractor Licensing Agencies (NASCLA) Accredited Examination Provider or a NASCLA Approved Administration Provider. State Use – Solicitation Coordinator Signature, Printed Name & Date: 09-18-25 RFP RFP # 33501- 267602 20 RFP ATTACHMENT 6.2. — SECTION B TECHNICAL RESPONSE & EVALUATION GUIDE SECTION B: GENERAL QUALIFICATIONS & EXPERIENCE. The Respondent must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. Proposal Evaluation Team members will independently evaluate and assign one score for all responses to Section B — General Qualifications & Experience Items. RESPONDENT LEGAL ENTITY NAME: Response Page # (Respondent completes) Item Ref. Section B — General Qualifications & Experience Items B.1. Detail the name, e- mail address, mailing address, telephone number, and facsimile number , if applicable, of the person the State should contact regarding the response. B.2. Describe the Respondent’s form of business ( i.e., individual, sole proprietor, corporation, non- profit corporation, partnership, limited liability company) and business location (physical location or domicile). B.3. Detail the number of years the Respondent has been in business. B.4. Briefly describe how long the Respondent has been providing the goods or services required by this RFP. B.5. Describe the Respondent’s number of employees, client base, and location of offices. B.6. Provide a statement of whether there have been any mergers, acquisitions, or change of control of the Respondent within the last ten (10) years. If so, include an explanation providing relevant details. B.7. Provide a statement of whether the Respondent or, to the Respondent's knowledge, any of the Respondent’s employees, agents, independent contractors, or subcontractors, involved in the deliver y of goods or perform ance of services on a contract pursuant to this RFP, have been convicted of, pled guilty to, or pled nolo contendere to any felony. If so, include an explanation providing relevant details. B.8. Provide a statement of whether, in the last ten (10) years, the Respondent has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors. If so, include an explanati on providing relevant details. B.9. Provide a statement of whether there is any material, pending litigation against the Respondent that the Respondent should reasonably believe could adversely affect its ability to meet contract requirements pursuant to this RFP or is likely to have a material adverse effect on the Respondent’s financial condition. If such exists, list each separately, explain the relevant details, and attach the opinion of counsel addressing whether and to what extent it would impair the Respondent’s performance in a contr act pursuant to this RFP. NOTE: All persons, agencies, firms, or other entities that provide legal opinions regarding the Respondent must be properly licensed to render such opinions. The State may require the Respondent to submit proof of license for each person or entity that renders such opinions. B.10. Provide a statement of whether there are any pending or in progress Securities Exchange Commission investigations involving the Respondent. If such exists, list each separately, explain the relevant details, and attach the opinion of counsel addressing whether and to what extent it will impair the Respondent’s performance in a contract pursuant to this RFP. 09-18-25 RFP RFP ATTACHMENT 6. 2. — SECTION B (continued) RFP # 33501- 267602 21 RESPONDENT LEGAL ENTITY NAME: Response Page # (Respondent completes) Item Ref. Section B — General Qualifications & Experience Items NOTE: All persons, agencies, firms, or other entities that provide legal opinions regarding the Respondent must be properly licensed to render such opinions. The State may require the Respondent to submit proof of license for each person or entity that renders such opinions. B.11. Provide a brief, descriptive statement detailing evidence of the Respondent’s ability to deliver the goods or services sought under this RFP ( e.g., prior experience, training, certifications, resources, program and quality management systems, etc .). B.12. Provide a narrative description of the proposed project team, its members, and organizational structure along with an organizational chart identifying the key people who will be assigned to deliver the goods or services required by this RFP. B.13. Provide a personnel roster listing the names of key people who the Respondent will assign to meet the Respondent’s requirements under this RFP along with the estimated number of hours that each individual will devote to that performance. Follow the personnel roster with a resume for each of the people listed. The resumes must detail the individual’s title, education, current position with the Respondent, and employment history. B.14. Provide a statement of whether the Respondent intends to use subcontractors to meet the Respondent’s requirements of any contract awarded pursuant to this RFP, and if so, detail: (a) the names of the subcontractors along with the contact person, mailing address, telephone number, and e- mail address for each; (b) a description of the scope and portions of the goods each subcontractor involved in the delivery of goods or performance of the services each subcontractor will perform; and (c) a statement specifying that each proposed subcontractor has expressly assented to being proposed as a subcontractor in the Respondent’s response to this RFP. B.15. Provide a statement of whether or not the Respondent has any current contracts with the State of Tennessee or has completed any contracts with the State of Tennessee within the previous five (5) year period. If so, provide the following information for all of the current and completed contracts: (a) the name , title, telephone number and e- mail address of the State contact knowledgeable about the contract; (b) the procuring State agency name; (c) a brief description of the contract’s scope of services; (d) the contract period; and (e) the contract number. B.16. Provide a statement and any relevant details addressing whether the Respondent is any of the following: (a) is presently debarred, suspended, proposed for debarment, or voluntarily excluded from covered transactions by any federal or state department or agency; (b) has within the past three (3) years, been convicted of, or had a civil judgment rendered against the contracting party from commission of fraud, or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or grant 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 pr operty; 09-18-25 RFP RFP ATTACHMENT 6. 2. — SECTION B (continued) RFP # 33501- 267602 22 RESPONDENT LEGAL ENTITY NAME: Response Page # (Respondent completes) Item Ref. Section B — General Qualifications & Experience Items (c) is presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses detailed above; and (d) has within a three (3) year period preceding the contract had one or more public transactions (federal, state, or local) terminated for cause or default. SCORE (for all Section B —Qualifications & Experience Items above) : (maximum possible score = 30) State Use – Evaluator Identification: 09-18-25 RFP RFP # 33501- 267602 23 RFP ATTACHMENT 6.2. — SECTION C TECHNICAL RESPONSE & EVALUATION GUIDE SECTION C: TECHNICAL QUALIFICATIONS, EXPERIENCE & APPROACH. The Respondent must address all items (below) and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. A Proposal Evaluation Team, made up of three or more State employees, will independently evaluate and score the response to each item. Each evaluator will use the following whole number, raw point scale for scoring each item: 0 = little value 1 = poor 2 = fair 3 = satisfactory 4 = good 5 = excellent The Solicitation Coordinator will multiply the Item Score by the associated Evaluation Factor (indicating the relative emphasis of the item in the overall evaluation). The resulting product will be the item’s R aw Weighted Score for purposes of calculating the section score as indicated. RESPONDENT LEGAL ENTITY NAME: Response Page # (Respondent completes) Item Ref. Section C — Technical Qualifications, Experience & Approach Items Item Score Evaluation Factor Raw Weighted Score C.1. Provide a narrative that illustrates the Respondent’s understanding of the State’s requirements and project schedule. 4 C.2. Provide a narrative that illustrates how the Respondent will complete the scope of services, accomplish required objectives, and meet the State’s project schedule. 6 C.3. Provide a narrative that illustrates how the Respondent will manage the project, ensure completion of the scope of services, and accomplish required objectives within the State’s project schedule. 4 C.4. Describe the Respondent’s years of experience in the development and administration of exam programs. 1 C.5. Provide a narrative describing how the Respondent will provide special testing accommodations. 2 C.6. Provide a narrative describing the Respondent’s delivery method of exam results. 1 C.7. Provide a narrative that illustrates how the Respondent will provide a system of security for the examination questions and for the test center security. 3 C.8. Provide a narrative that illustrates how the Respondent will provide security in transmission of test results to the Board for the candidates. 1 C.9. Provide a narrative that illustrates how the Respondent will ensure that examination materials are assembled, produced, and delivered accurately and under secure conditions. 3 C.10. Describe the Respondent’s review process in the development, validity and defensibility of exams and exam questions; how the Respondent will develop multiple versions of each exam all comparable in difficulty; and how the Respondent will defend its adminis tration of the exam. 3 09-18-25 RFP RFP ATTACHMENT 6. 2. — SECTION C (continued) RFP # 33501- 267602 24 RESPONDENT LEGAL ENTITY NAME: Response Page # (Respondent completes) Item Ref. Section C — Technical Qualifications, Experience & Approach Items Item Score Evaluation Factor Raw Weighted Score C11. Provide a narrative describing how the Respondent will provide assistance and information to exam applicants, education providers and the State 2 The Solicitation Coordinator will use this sum and the formula below to calculate the section score. All calculations will use and result in numbers rounded to two (2) places to the right of the decimal point. Total Raw Weighted Score: (sum of Raw Weighted Scores above) Total Raw Weighted Score X 40 (maximum possible score) = SCORE: Maximum Possible Raw Weighted Score (i.e., 5 x the sum of item weights above) State Use – Evaluator Identification: State Use – Solicitation Coordinator Signature, Printed Name & Date: 09-18-25 RFP RFP # 33501- 267602 25 RFP ATTACHMENT 6.3. COST PROPOSAL & SCORING GUIDE NOTICE: THIS COST PROPOSAL MUST BE COMPLETED EXACTLY AS REQUIRED COST PROPOSAL SCHEDULE — The Cost Proposal, detailed below, shall indicate the proposed price for goods or services defined in the Scope of Services of the RFP Attachment 6.6., Pro Forma Contract and for the entire contract period. The Cost Proposal shall remain valid for at least one hundred twenty ( 120) days subsequent to the date of the Cost Proposal opening and thereafter in accordance with any contract resulting from this RFP. All monetary amounts shall be in U.S. currency and limited to two (2) places to the right of the de cimal point. ADDITIONAL REQUIREMENTS FOR COMPLETING PROPOSED COST ( I.E., MINIMUM AMOUNT, “BLANK” CELLS, ETC.) NOTICE: The Evaluation Factor associated with each cost item is for evaluation purposes only. The evaluation factors do NOT and should NOT be construed as any type of volume guarantee or minimum purchase quantity. The evaluation factors shall NOT create rights, interests, or claims of entitlement in the Respondent. Notwithstanding the cost items herein, pursuant to the second paragraph of the P ro Forma Contract section C.1. (refer to RFP Attachment 6.6.), the State is under no obligation to request work from the Contractor in any specific dollar amounts or to request any work at all from the Contractor during any period of this Contract. This Cost Proposal must be signed, in the space below, by an individual empowered to bind the Respondent to the provisions of this RFP and any contract awarded pursuant to it. If said individual is not the President or Chief Executive Officer , this document must attach evidence showing the individual’s authority to legally bind the Respondent. RESPONDENT SIGNATURE: PRINTED NAME & TITLE: DATE: RESPONDENT LEGAL ENTITY NAME: Cost Item Description Proposed Cost State Use Only Evaluation Factor Evaluation Cost (cost x factor) Business and Law Examination - based upon the “Business and Project Management for Contractors Tennessee Edition” published by the National Association of State Contractor Licensing Agencies (NASCLA) $ / per examination 9523 Commercial Contractor (BC -B) Examination of General Building Contractors $ / per examination 935 Residential/Commercial/Industrial/C ontractor (BC) Examination $ / per examination 2176 Residential Building Contractor (BC-A) Examination $ / per examination 6503 09-18-25 RFP RFP ATTACHMENT 6. 3. (continued) RFP # 33501- 267602 26 RESPONDENT LEGAL ENTITY NAME: Cost Item Description Proposed Cost State Use Only Evaluation Factor Evaluation Cost (cost x factor) Small Commercial (BC -b[sm]) Examination $ / per examination 187 Industrial Building (BC -C) Examination $ / per examination 174 Residential/Small Commercial (BC - A,b[sm]) Examination $ / per examination 3220 Commercial/Industrial Contractor (BC-B,C) $ / per examination 304 Electrical (CE) Examination $ / per examination 4669 Residential/Commercial (BC -AB) Examination $ / per examination 1953 High Voltage (CE -A and H) Examination $ / per examination 82 Mechanical Contractor (CMC) Examination $ / per examination 615 Plumbing Contractor (CMC -A) Examination $ / per examination 1179 HVAC -Refrigeration Contractor (CMC- C) Examination $ / per examination 1985 Sprinklers and Fire Protection Contractor (CMC -D) Examination $ / per examination 105 Licensed Masonry Contractor (LMC) Examination $ / per examination 106 Limited Licensed Electrician (LLE) Examination $ / per examination 8371 Limited Licensed Plumber (LLP) Examination $ / per examination 1917 Examination Review (all Examinations) $___/ per review 0 EVALUATION COST AMOUNT (sum of evaluation costs above) : The Solicitation Coordinator will use this sum and the formula below to calculate the Cost Proposal Score. Numbers rounded to two (2) places to the right of the decimal point will be standard for calculations. 09-18-25 RFP RFP ATTACHMENT 6. 3. (continued) RFP # 33501- 267602 27 RESPONDENT LEGAL ENTITY NAME: Cost Item Description Proposed Cost State Use Only Evaluation Factor Evaluation Cost (cost x factor) lowest evaluation cost amount f rom all proposals x 30 (maximum section score) = SCORE: evaluation cost amount being evaluated State Use – Solicitation Coordinator Signature, Printed Name & Date: 12-18-25 RFP RFP # 33501- 267602 28 RFP ATTACHMENT 6.4. REFERENCE QUESTIONNAIRE The standard reference questionnaire provided on the following pages of this attachment should be used and completed by all individuals offering a reference for the Respondent. The Respondent will be solely responsible for obtaining completed reference questionnaires as detailed below :

• Provide references from three (3) different persons who are not current State employees for projects

similar in size and scope to the goods or services sought under this RFP.

• Respondents may provide references that represent active, current contracts or contracts completed

within the last five (5) years.

• The individual providing a reference shall not be a current State employee.
• Obtain and submit the completed reference questionnaires following one of the two processes described

below: Option #1 – Written References: (a) Add the Respondent’s name to the standard reference questionnaire at RFP Attachment 6.4. and make a copy for each reference. (b) Send a reference questionnaire and a new, standard #10 envelope to each reference. (c) Instruct the reference to: (i) complete the reference questionnaire; (ii) sign and date the completed reference questionnaire; (iii) seal the completed, signed, and dated reference questionnaire within the envelope provided; (iv) sign his or her name in ink across the sealed portion of the envelope; and (v) return the sealed envelope directly to the Respondent (the Respondent m ay wish to give each reference a deadline, such that the Respondent will be able to collect all required references in time to include them within the sealed Technical Response). (d) Do NOT open the sealed references upon receipt . (e) Enclose all sealed reference envelopes within a larger, labeled envelope for inclusion in the Technical Response as required. Option #2 - Emailed References: (a) Add the Respondent’s name to the standard reference questionnaire at RFP Attachment 6.4. and make a copy for each reference. (b) E-mail a reference questionnaire to each reference. (c) Instruct the reference to: (i) complete the reference questionnaire; (ii) sign and date the completed reference questionnaire; (iii) E-mail the reference directly to the Solicitation Coordinator by the RFP Technical Response Deadline with the Subject line of the e- mail as “[Respondent’s Name] Reference for RFP # 33501- 267602”. NOTES:  The State will not accept late references or references submitted by any means other than the two which are described above, and each reference questionnaire submitted must be completed as required.  The State will not review more than the number of references indicated above.  While the State will base its reference check on the contents of the reference e- mails or sealed reference envelopes included in the Technical Response package, the State reserves the right to confirm and clarify information detailed in the completed reference questionnaires, and may consider clarification responses in the evaluation of references.  The State is under no obligation to clarify any reference information. 12-18-25 RFP RFP # 33501- 267602 29 RFP # 33501- 267602 REFERENCE QUESTIONNAIRE REFERENCE SUBJECT: RESPONDENT NAME (completed by Respondent before reference is requested) The “reference subject” specified above, intends to submit a response to the State of Tennessee in response to the Request for Proposals (RFP) indicated. As a part of such response, the reference subject must include a number of completed and sealed reference questionnaires (using this form). Each individual responding to this reference questionnaire is asked to follow these instructions:  complete this questionnaire (either using the form provided or an exact duplicate of this document);  sign and date the completed questionnaire and follow either process outlined below; Physical:  seal the completed, signed, and dated questionnaire in a new standard #10 envelope;  sign in ink across the sealed portion of the envelope; and  return the sealed envelope containing the completed questionnaire directly to the reference subject. E-Mail:  e- mail the completed questionnaire to: DeRenne Raley derenne.raley@tn.gov (1) What is the name of the individual, company, organization, or entity responding to this reference questionnaire? (2) Please provide the following information about the individual completing this reference questionnaire on behalf of the above -named individual, company, organization, or entity. NAME: TITLE: TELEPHONE # E-MAIL ADDRESS: (3) What goods or services does/did the reference subject provide to your company or organization? 12-18-25 RFP RFP # 33501- 267602 30 (4) If the goods or services that the reference subject provided to your company or organization are completed, were the goods or services provided in compliance with the terms of the contract, on time, and within budget? If not, please explain. (5) If the reference subject is still providing goods or services to your company or o rganization, are these goods or services being provided in compliance with the terms of the contract, on time, and within budget? If not, please explain. (6) How satisfied are you with the reference subject’s ability to perform based on your expectations and according to the contractual arrangements? REFERENCE SIGNATURE: (by the individual completing this request for reference information) DATE: (must be the same as the signature across the envelope seal) 09-18-25 RFP RFP # 33501- 267602 31 RFP ATTACHMENT 6.5. SCORE SUMMARY MATRIX RESPONDENT NAME RESPONDENT NAME RESPONDENT NAME GENERAL QUALIFICATIONS & EXPERIENCE (maximum: 30) EVALUATOR A EVALUATOR B EVALUATOR C AVERAGE: AVERAGE: AVERAGE: TECHNICAL QUALIFICATIONS, EXPERIENCE & APPROACH (maximum: 40) EVALUATOR A EVALUATOR B EVALUATOR C AVERAGE: AVERAGE: AVERAGE: COST PROPOSAL (maximum: 30) SCORE: SCORE: SCORE: TOTAL RESPONSE EVALUATION SCORE: (maximum: 100) Solicitation Coordinator Signature, Printed Name & Date: 09-18-25 RFP RFP # 33501- 267602 32 RFP ATTACHMENT 6.6. RFP # 33501- 267602 PRO FORMA CONTRACT The Pro Forma Contract detailed in following pages of this exhibit contains some “blanks” (signified by descriptions in capital letters) that will be completed with appropriate information in the final contract resulting from the RFP. 09-18-25 NC RFP # 33501- 267602 33 PRO FORMA CONTRACT DRAFTED IN COMPLIANCE WITH CURRENT APPLICABLE MODEL 09-18-25 NC RFP # 33501- 267602 34 CONTRACT BETWEEN THE STATE OF TENNESSEE, DEPARTMENT OF COMMERCE AND INSURANCE AND CONTRACTOR NAME This Contract, by and between the State of Tennessee, Department of Commerce and Insurance ("State”) and Contractor Legal Entity Name (“Contractor”) is for the provision of examination development and administration services for the Tennessee Board for Licensing Contractors, as further defined in the as further defined in the "SCOPE OF SERVICES." State and Contractor may be referred to individually as a “Party” or collectively as the “Parties” to this Contract. The Contractor is a/an Individual, For -Profit Corporation, Non- Profit Corporation, Special Purpose Corporation or Association, Partnership, Joint Venture, or Limited Liability Company . Contractor Place of Incorporation or Organization: Location Contractor Edison Registration ID # Number A. SCOPE OF SERVICES: A.1. The Contractor shall provide all goods and services and deliverables as required, described, and detailed below and shall meet all service and delivery timelines as specified by this Contract. A.2. Definitions . For the purposes of this Contract, definitions shall be as follows and as set forth in the Contract: a. “ADA” means the Americans with Disabilities Act as codified at 42 U.S.C.A. § 12101. b. “Board” means the Tennessee Board for Licensing Contractors. c. “Business Days” means traditional workdays, including Monday, Tuesday, Wednesday, Thursday, and Friday. State Government Holidays are excluded. d. “Holidays” means the days on which official Holidays and commemorations, as defined in Tenn. Code Ann. § 15- 1-101 et seq., are observed. e. “Live Remote Proctoring or “LRP” Services” means that the Contractor will remotely watch and monitor an examination candidate while the test is administered and provide safeguards for exam integrity and validity similar to in -person proctoring. f. “Simple Sign On” or “SSO” ”” means authentication technology that allow users to have a single ID and password combination to gain access to all software systems provided by the Contractor under this Contract. A.3. Examination Development . a. The Contractor shall develop and administer an examination program in accordance with specifications procedures approved by the State. b. The Contractor shall develop an item bank of unique forms of examination questions for the Business and Law Exam, and for the following licenses listed in Section C.2. of this Contract. The Contractor shall ensure that all examination questions and any rev isions are approved by the State before they are used in any examination. c. The Contractor shall develop multiple versions of each exam ination, all comparable in difficulty , acceptable to the Board. 09-18-25 NC RFP # 33501- 267602 35 d. The Contractor shall ensure that exams are offered electronically by computer and may be offered in paper -pencil format. The Contractor shall ensure that oral exams may be allowed upon special request by the Board to accommodate candidates with disabilities. e. The Contractor shall make recommendations to the Board based on sound psychometric analysis for the Board to establish a passing score for all examinations. f. The Contractor shall provide staff support for review of pooled examination questions by the eight (8) contractor professionals appointed to the Board or their designees, to ensure that all questions used on the examinations represent the practice of contr acting in Tennessee. g. The Contractor shall ensure the examination question(s) contain subject matter that is in compliance with the construction industry’s practices, law and /or rules. h. The Contractor shall provide assistance and information to exam applicants, education providers and the State, The Contractor shall design and produce a candidate guide package acceptable to the Board. The Contractor shall ensure that the guide contains examination outlines, a list of books allowed for open book testing, study references, registration and services information, testing dates, locations and include examples of exam questions. The Contractor shall develop separate guides for all licenses listed in Section C. 2. of this Contract. The Contractor shall distribute sufficient quantities of these guides to the State at no charge and make them available on the Internet. The Contractor shall ensure that the guide is revised as needed with the latest information concerning licensing requirements and procedures. i. The Contractor shall provide information regarding access to or the ability to purchase a "Contractor’s Guide" published by the National Association of State Contractor Licensing Agencies , to individual candidates for the Business and Law examination, at a cost to be paid by the candidate. j. The Contractor shall provide information to candidates regarding access to or purchase of code or reference books identified in testing information guides provided to candidates. k. The Contractor shall provide support to the State in the event of examination appeals or challenges to the validity of examinations developed and administered by the Contractor. The Contractor shall participate in the defense of any legal challenges to its examinations. A.4. Administration of In- Person Examinations . a. The Contractor shall provide all testing centers and test center personnel. All test center locations, relocations of test centers, dates of examination, and establishment or modification of testing hours and days of operation shall be approved by the Stat e. The Contractor shall use, and provide to the State, a detailed manual for uniform and professional test administration. b. The Contractor shall accept candidate registration for in- person examinations by mail, by telephone, or via the internet. The Contractor shall accept payment of applicable examination fees by money order, cashier’s check, certified check, or credit card wi th no additional fees imposed. The Contractor shall acknowledge receipt of the candidate's registration by email (or by regular mail if no email is provided ). c. The Contractor shall provide testing locations in the following cities: a. In Nashville, the Contractor shall provide a full -time test center offering licensing examinations a minimum of five (5) days per week on all days except Sundays b. In Knoxville and Memphis, the Contractor shall provide part -time test centers that offer licensing examinations at least two (2) days per week. c. In Bristol, Chattanooga, Jackson, Johnson City, and Kingsport, the Contractor shall offer licensing examinations at least one (1) time per month. d. The Contractor shall o ffer the Tennessee licensing examinations at the Contractor’s testing sites located in other states. 09-18-25 NC RFP # 33501- 267602 36 e. The Contractor may offer examinations at state- approved technology schools to accommodate testing for twenty ( 20) or more candidates with prior written approval from the State. f. The Contractor shall equip all testing centers with computers capable of being used to administer and complete electronic examinations. The Contractor shall communicate with the State immediately, within one (1) hour, should equipment malfunctions require a cancellation of services. g. The Contractor shall photograph all candidates at the testing centers. The Contractor shall retain all photographs as part of the candidate’s electronic record and permanently affix the photographs to the score report. The Contractor shall ensure that the score report and all other documents included in a candidate’s electronic record are on security paper. h. The Contractor shall make reasonable efforts to accommodate the needs of examination candidates with disabilities, in compliance with State and federal law, including, but not limited to, accommodations under the ADA. The Contractor shall direct examination candidates to submit all requests for accommodations directly to the Contractor. The Contractor shall review and decide requests for accommodations in accordance with the ADA and its standard processes. i. The Contractor shall provide a toll -free telephone number for examination candidate registration and examination inquiries. The Contractor shall resolve examination candidate concerns in a timely, efficient, and responsible manner but no longer than twenty -four (24) hours after the inquiry has been made. The Contractor shall ensure that the toll -free number is available to candidates on all Business Days, between the hours of 7:00 a.m. and 4:30 p.m. Central Time. j. The Contractor shall provide the State with the direct telephone number to all testing sites. The Contractor shall communicate with the Board within one (1) hour if the Contractor encounters telecommunication malfunctions. k. The Contractor shall notify the State within twenty -four (24) hours if a scheduled examination is cancelled due to inclement weather, war, or natural disaster. In such cases, the State shall determine whether Contractor will retain applicable examination fees. The Contractor shall permit candidates to reschedule their examinations as soon as possible following cancellation of an examination at no additional cost to the candidate(s) . l. The Contractor shall refund a candidate’s examination fee if the candidate is unable to take a scheduled examination due to a medical emergency, provided the candidate applies for the refund and provides documentation of the medical emergency. m. The Contractor shall utilize exam administrators experienced in licensure exam administration who are not affiliated with any contractor service education program and who fully understand the examination security requirements. The Contractor shall maintain a manual on uniform testing procedures and shall provide said manual to each exam administrator overseeing examinations given under this Contract. n. The Contractor shall develop and implement security procedures to ensure the security of examination questions, examination testing centers, and the transmission of examination results to the State and to the candidates. The Contractor shall report s ecurity violations within twenty -four (24) hours to the State’s contact for this Contract , as provided in Section D.2. of this Contract , by phone and in writing. The Contractor shall assist in the investigation of any security breach in connection with the development or administration of examinations. A.5. Administration of Online Proctored Examinations . a. The Contractor shall utilize LRP Services. The Contractor grants to the State the non -exclusive, non-transferable right to access and use the LRP Services , including any required licenses . The State may access and use the LRP Services within and for the benefit of the State. 09-18-25 NC RFP # 33501- 267602 37 b. The Contractor shall fully and exclusively own the LRP Services and shall support, manage, and maintain all aspects of it and the software’s operating environment. The Contractor shall ensure the maintenance of the software’s security systems, conduct soft ware updates, and complete other related maintenance on the operating environment. c. The Contractor shall ensure the LRP Services are available during Business Days and Saturdays from 7:00 a.m. to 4:30 p.m. Central Time, and on all days testing centers are open. The Contractor shall provide at least fourteen (14) days written notice to the State and test - takers for any scheduled maintenance. The Contractor shall perform s tandard maintenance quarterly on a Sunday between 9:00 p.m. and 10:00 p.m. Pacific Time. d. The Contractor shall make the LRP Services available, through a publicly available website, to examination candidates upon execution of a click -through license. The Contractor shall provide a compatibility check of both audio and video, along with a system check, that examination candidates must complete prior to taking the examination. e. The Contractor shall ensure the examination candidate registration processes may be fully completed online. Upon submission of examination candidate information, including personal data, license type, and history of the candidate, by an instructor and/or school administrator, the Contractor shall verify the candidate’s information. The Contractor shall send the examination candidate an acknowledgment that this information has been entered by email , or regular mail if no email can be provided, after which the Contractor shall permit the examination candidate to schedule the appropriate licensure examination directly with the Contractor. f. The Contractor shall provide a toll -free telephone number for examination candidate registration and examination inquiries. The Contractor shall resolve examination candidate concerns in a timely, efficient, and responsible manner but no longer than twenty -four (24) hours after the inquiry has been made. The Contractor shall ensure that the toll -free number is available to candidates on all Business Days, between the hours of 7:00 a.m. and 4:30 p.m. Central Time. g. The Contractor shall: i. Establish reasonable testing rules and procedures and exclude examination candidates who fail to follow the rules and procedures. ii. Verify each examination candidate’s identity through the established SSO system and/or through inspection of at least one (1) form of government issued identification acceptable to the State through the examination candidate’s webcam prior to admittance to the examination. 1. The Contractor may ask for additional identification for verification purposes if unable to otherwise verify an examination candidate’s identity. 2. The Contractor shall deny an examination candidate the ability to test virtually if there is any doubt as to the examination candidate’s identity and notify the State in writing about the denial. iii. Link examination candidates to the proctor using a secure browser and require examination candidates to download this browser prior to the start of the exam process. The Contractor shall ensure the secure browser prevents examination candidates from accessing any applications outside the exam environment. iv. Establish a secure testing environment following an examination candidate’s verification by conducting, with the assistance of the examination candidate, a scan of the examination candidate and is or her surroundings for prohibited electronic devices. 09-18-25 NC RFP # 33501- 267602 38 v. Verify reference materials, as applicable. vi. Enable the examination to launch in the secure browser upon completion of the examination candidate’s check -in process, including checking the camera and microphone, scanning the surroundings and work area to ensure the integrity of the testing environment. vii. Provide qualified proctors to remotely monitor test administration for properly verified and registered examination candidates at a ratio of 1:10. viii. Remotely monitor examination candidates during the live online exam. ix. View the activity of examination candidates during the live online exam and stop an examination if the examination candidate breaks any of the test rules agreed upon prior to starting the test; or pause an examination, if the examination candidate appears to break any of the test rules, and investigate the conduct which may include, but not be limited to, communicating directly with the examination candidate. 1. The Contractor shall notify the State of any incidents where an examination candidate has broken the test rules or there is examination candidate misconduct within two (2) Business Days of the incident regardless of whether an investigation is being conduc ted. 2. The Contractor’s proctors shall create incident reports detailing violations and the actions taken, which shall be provided to the State for review. 3. If an examination candidate is found in possession of prohibited materials or attempts to fraudulently test for another individual, the Contractor shall dismiss the examination candidate immediately from the online examination and file a report with the St ate. 4. Any violations shall be captured systematically through the LRP Services. All sessions shall be recorded and violations with time stamps shall be accessible within the recording. The Contractor shall maintain a quality assurance department and channel security team to review recordings internally and notify the State of findings. 5. The Contractor shall retain recordings required by this Contract subsection A.5.g.ix for thirty (30) days, unless otherwise mutually agreed by the Parties for purposes of investigating an incident. After thirty (30) days , the Contractor shall remove or otherwise destroy/anonymize the recordings . x. Provide a system of security for the transmission of test results to the State and to the examination candidates , to be approved by the Board. h. The Contractor shall make reasonable efforts to accommodate the needs of examination candidates with disabilities, as required by applicable law and in accordance with the ADA. The Contractor shall ensure that c andidates are directed to submit all requests for accommodations directly to the Contractor. The Contractor shall review and decide requests for accommodations in accordance with its standard processes and in accordance with the ADA. i. The Contractor shall utilize procedures to ensure that examination materials are secure. Security violations shall be reported within twenty -four (24) hours to the State’s contact for this Contract as provided in Section D.2. of this Contract by phone and in writing. The Contractor shall assist in the investigation of any security breach in connection with the development or administration of live online proctored examinations. 09-18-25 NC RFP # 33501- 267602 39 A.6. Post Examination Procedures. a. The Contractor shall provide photograph- bearing score reports to candidates and the State. The Contractor shall inform candidates of their passing or failing score immediately following the examination. The Contractor shall ensure that score reports contai n an analysis of areas which indicate the performance level of the candidate in that area. The Contractor shall ensure that the score reports indicate the number of failed exams taken by a candidate. The Contractor shall include a strengths and weaknesses report in the score report to every failing candidate. b. The Contractor shall provide monthly summary statistics score reports separately for each type of license specified in Section C. 2. of this Contract to the State, in a manner acceptable to the State. The Contractor shall provide annual score rosters sorted alphabetically by names of all candidates tested. c. The Contractor shall acknowledge that all data collected, including, but not limited to names, addresses, and score reports of individuals testing under this Contract, is and shall remain the property of the State. Any dissemination of this information wit hout the written permission of the State is strictly prohibited. d. The Contractor shall respond in writing to the State within seven (7) days of examination in connection with any candidate inquiry, appeal or comment regarding the licensing examination. The Contractor shall review individual candidate comments from the testing sessions and provide a summary of the responses to the State. The Contractor shall respond to individual candidate correspondence within seven (7) days from receipt of correspondence from the candidate. B. TERM OF CONTRACT: This Contract shall be effective on July 1, 2026 (“Effective Date”) and extend for a period of sixty (60) months after the Effective Date (“Term”). The State shall have no obligation for goods or services provided by the Contractor prior to the Effective Date. C. PAYMENT TERMS AND CONDITIONS: C.1. There shall be no cost to the State for the performance of services under this Contract. C.2. In consideration of products and services provided hereunder by the Contractor, the Contractor shall charge and collect from each candidate registered for an examination, re- examination or review, the applicable fee as follows: Service Description Fee Business and Law Examination - based upon the “Business and Project Management for Contractors Tennessee Edition” published by the National Association of State Contractor Licensing Agencies (NASCLA) $___ per examination Commercial Contractor (BC -B) Examination of General Building Contractors $___ per examination Residential/Commercial/Industrial/Contractor (BC) Examination $___ per examination Residential Building Contractor (BC -A) Examination $___ per examination Small Commercial (BC -b[sm]) Examination $___ per examination Industrial Building (BC -C) Examination $___ per examination 09-18-25 NC RFP # 33501- 267602 40 Residential/Small Commercial (BC -A,b[sm]) Examination $___ per examination Commercial/Industrial Contractor (BC -B,C) $___ per examination Electrical (CE) Examination $___ per examination Residential/Commercial (BC -AB) Examination $___ per examination High Voltage (CE -A and H) Examination $___ per examination Mechanical Contractor (CMC) Examination $___ per examination Plumbing Contractor (CMC -A) Examination $___ per examination HVAC -Refrigeration Contractor (CMC -C) Examination $___ per examination Sprinklers and Fire Protection Contractor (CMC- D) Examination $___ per examination Licensed Masonry Contractor (LMC) Examination $___ per examination Limited Licensed Electrician (LLE) Examination $___ per examination Limited Licensed Plumber (LLP) Examination $___ per examination Examination Review (all Examinations) $___ per review C.3. The fees in Section C.2. shall remain in effect for the Contract Term and shall not be subject to adjustment or escalation for any reason. The costs of the score report referenced in Section A.6.a. shall be included in the examination fee at no extra cost to the candidate. Fees collected by the Contractor shall constitute the entire compensation due to the Contractor for any and all obligations and services provided under this Contract regardless of the difficulty, hours worked, or materials or equipment required and includes, but is not limited to, all applicable taxes, fees, overhead, profit, and all other direct and indirect costs incurred or to be incurred by the Contract. D. MANDATORY TERMS AND CONDITIONS: D.1. Required Approvals . The State is not bound by this Contract until it is duly approved by the Parties and all appropriate State officials in accordance with applicable Tennessee laws and regulations. Depending upon the specifics of this Contract, this may include approvals by the Commissioner of Finance and Administration, the Commissioner of Human Resources, the Comptroller of the Treasury, and the Chief Procurement Officer. Approvals shall be evidenced by a signature or electronic approval. D.2. Communications and Contacts . All instructions, notices, consents, demands, or other communications required or contemplated by this Contract shall be in writing and shall be made by certified, first -class mail, return receipt requested and postage prepaid, by overnight courier serv ice with an asset tracking system, or by email or facsimile transmission with recipient confirmation. Any such communications, regardless of method of transmission, shall be addressed to the respective Party at the appropri ate mailing address, facsimile number, or email address as stated below or any other address provided in writing by a Party. The State: Christopher Burkhart, Executive Director Tennessee Department of Commerce and Insurance 09-18-25 NC RFP # 33501- 267602 41 Tennessee Board for Licensing Contractors 500 James Robertson Parkway Nashville, Tennessee 37243- 2273 Christopher.Burkhart@tn.gov Telephone # (615) 741- 8307 FAX # (615) 532- 2868 The Contractor: Contractor Contact Name & Title Contractor Name Address Email Address Telephone # Number FAX # Number All instructions, notices, consents, demands, or other communications shall be considered effectively given upon receipt or recipient confirmation as may be required. D.3. Modification and Amendment. This Contract may be modified only by a written amendment signed by all Parties and approved by all applicable State officials. D.4. Termination for Convenience. The State may terminate this Contract for convenience without cause and for any reason. The State shall give the Contractor at least thirty (30) days written notice before the effective termination date. Upon such termination, the Contractor shall have no right to any actual general, special, incidental, consequential, or any other damages whatsoever of any description or amount. D.5. Termination for Cause. If the Contractor fails to properly perform its obligations under this Contract in a timely or proper manner, or if the Contractor materially violates any terms of this Contract (“Breach Condition”), the State shall have the right to immediately terminat e the Contract. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for damages sustained by virtue of any Breach Condition and the State may seek other remedies allowed at law or in equity for beach of this Contract. D.6. Assignment and Subcontracting. The Contractor shall not assign this Contract or enter into a subcontract for any of the services performed under this Contract without obtaining the prior written approval of the State. Notwithstanding any use of approved subcontractors, the Contractor shall be the prime contractor and responsible for compliance with all terms and conditions of this Contract. The State reserves the right to request additional information or impose additional terms and conditions before approving an assignment of this Contract in whole or in part of the use of subcontractors in fulfilling the Contractor’s obligations under this Contract. D.7. Conflicts of Interest. The Contractor warrants that no amount shall be paid directly or indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the C ontractor in connection with any work contemplated or performed under this Contract. The Contractor acknowledges, understands, and agrees that this Contract shall be null and void if the Contractor is, or within the past six (6) months has been, an employee of the State of Tennessee or if the Contractor is an entity in which a controlling interest is held by an individual who is, or within the past six (6) months has been, an employee of the State of Tennessee. D.8. Nondiscrimination. The Contractor hereby agrees, warrants, and assures that no person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Contract or in the employment practices of the Contr actor on the grounds 09-18-25 NC RFP # 33501- 267602 42 of handicap or disability, age, race, creed, color, religion, sex, national origin, or any other classification protected by federal or state law. The Contractor shall, upon request, show proof of nondiscrimination and shall post in conspicuous places, av ailable to all employees and applicants, notices of nondiscrimination. D.9. Prohibition of Illegal Immigrants. The requirements of Tennessee Code Ann. §12- 3-309 addressing the use of illegal immigrants in the performance of any contract to supply goods or services to the state of Tennessee, shall be a material provision of this Contract, a breach of which shall be grounds for monetary and other penalties, up to and including termination of this Contract. a. The Contractor hereby agrees that the Contractor shall not knowingly utilize the services of an illegal immigrant in the performance of this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of an ill egal immigrant in the performance of this Contract. The Contractor shall reaffirm this attestation by submitting to the State a completed Attestation (accessible through the Edison Supplier Portal) and included at Attachment A , hereto, semi -annually dur ing the Term. If the Contractor is a party to more than one contract with the State, the Contractor may submit one attestation that applies to all contracts with the State. All Contractor attestations shall be maintained by the Contractor and made available to State officials upon request. b. Prior to the use of any subcontractor in the performance of this Contract, and semi -annually thereafter, during the Term, the Contractor shall obtain and retain a current, written attestation that the subcontractor shall not knowingly utilize the services of an illegal immigrant to perform work under this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of an illegal immigrant to perform work under this Contract. Attestations obtained from subcontr actors shall be maintained by the Contractor and made available to State officials upon request. c. The Contractor shall maintain records for all personnel used in the performance of this Contract. Contractor’s records shall be subject to review and random inspection at any reasonable time upon reasonable notice by the State. d. The Contractor understands and agrees that failure to comply with this section will be subject to the sanctions of Tennessee Code Ann. § 12- 3-309 for acts or omissions occurring after its effective date. This law requires the Chief Procurement Officer to prohibit a contractor from contracting with, or submitting an offer, proposal, or bid to contract with the State of Tennessee to supply goods or services for a period of one year after a contractor is discovered to have knowingly used the services of illega l immigrants during the performance of this Contract. e. For purposes of this Contract, "illegal immigrant" shall be defined as any person who is not either a United States citizen, a Lawful Permanent Resident, or a person whose physical presence in the United States is authorized or allowed by the federal Department of Homeland Security and who, under federal immigration laws and/or regulations, is authorized to be employed in the U.S. or is otherwise authorized to provide services under the Contract. D.10. Records. The Contractor shall maintain documentation of services rendered under this Contract. The books, records and documents of the Contractor, insofar as they relate to work performed under this Contract, shall be maintained for a period of five (5) full years from the final date of this Contract and shall be subject to audit, at any reasonable time and upon reasonable notice, by the State, the Comptroller of the Treasury, or their duly appointed representatives. D.11. Monitoring. The Contractor’s activities conducted and records maintained pursuant to this Contract shall be subject to monitoring and evaluation by the State, the Comptroller of the Treasury, or their duly appointed representatives. 09-18-25 NC RFP # 33501- 267602 43 D.12. Progress Reports. The Contractor shall submit brief, periodic, progress reports to the State as requested. D.13. Strict Performance. Failure by any Party to this Contract to require, in any one or more cases, the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant , condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the Parties. D.14. Independent Contractor. The Parties shall not act as employees, partners, joint venturers, or associates of one another. It is expressly acknowledged by the Parties that such Parties are independent contracting entities and that nothing in this Contract shall be construed to c reate an employer/employee relationship or to allow either to exercise control or direction over the manner or method by which the other transacts its business affairs or provides its usual services. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. The Contractor, being an independent contractor and not an employee of the State, agrees to carry adequate public liability and other appropriate forms of insurance, including adequate public liability and other appropriate forms of insurance on the Contractor’s employees, and to pay all applicable taxes incident to this Contract. D.15. Patient Protection and Affordable Care Act. The Contractor agrees that it will be responsible for compliance with the Patient Protection and Affordable Care Act (“PPACA”) with respect to itself and its employees, including any obligation to report health insurance coverage, provide health insuranc e coverage, or pay any financial assessment, tax, or penalty for not providing health insurance. The Contractor shall indemnify the State and hold it harmless from any costs to the State arising from Contractor’s failure to fulfill its PPACA responsibilities for itself or its employees. D.16. State Liability. The State shall have no liability except as specifically provided in this Contract. In no event will the State be liable to the Contractor or any other party for any lost revenues, lost profits, loss of business, decrease in the value of any securities or cash position, time, goodwill, or any indirect, special, incidental, punitive, exemplary or consequential damages of any nature, whether based on warranty, contract, statute, regulation, tort (including but not limited to negligenc e), or any other legal theory that may arise under this Contract or otherwise. D.17. Force Majeure. The obligations of the parties to this Contract are subject to prevention by causes beyond the parties’ control that could not be avoided by the exercise of due care including, but not limited to, natural disasters, riots, wars, epidemics, or any other s imilar cause. D.18. State and Federal Compliance. The Contractor shall comply with all applicable State and Federal laws and regulations in the performance of this Contract. D.19. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict or choice of law rules. The Tennessee Claims Commission or the state or federal courts in Tennessee shall be the venue for all claims, disputes, or disagreements arising under this Contract. The Contractor acknowledges and agrees that any rights, claims, or remedies against the State of Tennessee or its employees arising under this Contract shall be s ubject to and limited to those rights and remedies available under Tennessee Code Ann. §§ 9- 8-101-408. D.20. Completeness. This Contract is complete and contains the entire understanding between the parties relating to the subject matter contained herein, including all the terms and conditions of the parties’ agreement. This Contract supersedes any and all prior understandi ngs, representations, negotiations, and agreements between the parties relating hereto, whether written or oral. 09-18-25 NC RFP # 33501- 267602 44 D.21. Severability. If any terms and conditions of this Contract are held to be invalid or unenforceable as a matter of law, the other terms and conditions of this Contract shall not be affected and shall remain in full force and effect. The terms and conditions of this Co ntract are severable. D.22. Headings. Section headings of this Contract are for reference purposes only and shall not be construed as part of this Contract. D.23. Incorporation of Additional Documents. Each of the following documents is included as a part of this Contract by reference. In the event of a discrepancy or ambiguity regarding the Contractor’s duties, responsibilities, and performance of this Contract, these items shall govern in the order of precedence below: a. any amendment to this Contract, with the latter in time controlling over any earlier amendments; b. this Contract with any attachments or exhibits (excluding the items listed at subsections c. through f., below), which includes Attachment A; c. any clarifications of or addenda to the Contractor’s proposal seeking this Contract; d. the State solicitation, as may be amended, requesting responses in competition for this Contract; e. any technical specifications provided to proposers during the procurement process to award this Contract; and f. the Contractor’s response seeking this Contract. D.24. Insurance. Contractor shall maintain insurance coverage as specified in this Section. The State reserves the right to amend or require additional insurance coverage, coverage amounts, and endorsements required under this Contract. Contractor’s failure to maintain or submit evidence of insurance coverage, as required, is a material breach of this Contract. If Contractor loses insurance coverage, fails to renew coverage, or for any reason becomes uninsured during the Term, Contractor shall immediatel y notify the State. All insurance companies providing coverage must be: (a) acceptable to the State; (b) authorized by the Tennessee Department of Commerce and Insurance (“TDCI”); and (c) rated A - / VII or better by A.M. Best. All coverage must be on a primary basis and noncontributory with any other insurance or self -insurance carried by the State. Contractor agrees to name the State as an additional insured on any insurance policy with the exception of workers’ compensation (employer liability) and pro fessional liability (errors and omissions) insurance. All policies must contain an endorsement for a waiver of subrogation in favor of the State. Any deductible or self insured retention (“SIR”) over fifty thousand dollars ($50,000) must be approved by the State. The deductible or SIR and any premiums are the Contractor’s sole responsibility. The Contractor agrees that the insurance requirements specified in this Section do not reduce any liability the Contractor has assumed under this Contract including any indemnification or hold harmless requirements. To achieve the required coverage amounts, a combination of an otherwise deficient specific policy and an umbrella policy with an aggregate meeting or exceeding the required coverage amounts is acceptable. For example: If the required policy limit under thi s Contract is for two million dollars ($2,000,000) in coverage, acceptable coverage would include a specific policy covering one million dollars ($1,000,000) combined with an umbrella policy for an additional one million dollars ($1,000,000). If the defici ent underlying policy is for a coverage area without aggregate limits (generally Automobile Liability and Employers’ Liability Accident), Contractor shall provide a copy of the umbrella insurance policy documents to ensure that no aggregate limit applies t o the umbrella policy for that coverage area. In the event that an umbrella policy is being provided to achieve any required coverage amounts, the umbrella policy shall be accompanied by an endorsement at least as broad as the Insurance Services Office, I nc. (also known as “ISO”) “Noncontributory —Other Insurance Condition” endorsement or shall be written on a policy form that addresses both the primary and noncontributory basis of the umbrella policy if the State is otherwise named as an additional insured . 09-18-25 NC RFP # 33501- 267602 45 Contractor shall provide the State a certificate of insurance (“COI”) evidencing the coverages and amounts specified in this Section. The COI must be on a form approved by the TDCI (standard ACORD form preferred). The COI must list each insurer’s National Association of Insurance Commissioners (NAIC) number and be signed by an authorized representative of the insurer. The COI must list the State of Tennessee – CPO Risk Manager, 312 Rosa L. Parks Ave., 3rd floor Central Procurement Office, Nashville, TN 37243 as the certificate holder. Contractor shall provide the COI ten (10) business days prior to the Effective Date and again thirty (30) calendar days before renewal or replacement of coverage. Contractor shall provide the State evidence that all subcontractors maintain the required insurance or that subcontractors are included under the Contractor’s policy. At any time, the State may require Contractor to provide a valid COI. The Parties agree that failure to provide evidence of insurance coverage as req uired is a material breach of this Contract. If Contractor self -insures, then a COI will not be required to prove coverage. Instead Contractor shall provide a certificate of self -insurance or a letter, on Contractor’s letterhead, detailing its coverage, policy amounts, and proof of funds to reasonably cover such expenses. The State reserves the right to require complete copies of all required insurance policies, including endorsements required by these specifications, at any time. The State agrees that it shall give written notice to the Contractor as soon as practicable after the State becomes aware of any claim asserted or made against the State, but in no event later than thirty (30) calendar days after the State becomes aware of such claim. The failure of the State to give notice shall only relieve the Contractor of its obligations under this Section to the extent that the Contractor can demonstrate actual prejudice arising from the failure to give notice. This Section shall not grant the Contractor or its insurer, through its attorneys, the right to represent the State in any legal matter, as the right to represent the State is governed by Tenn. Code Ann. § 8- 6-106. The insurance obligations under this Contract shall be: (1) —all the insurance coverage and policy limits carried by the Contractor; or (2) —the minimum insurance coverage requirements and policy limits shown in this Contract; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and minimum required policy limits, which are applicable to a given loss, shall be available to the State. No representation is made that the minimum insurance requirements of the C ontract are sufficient to cover the obligations of the Contractor arising under this Contract. The Contractor shall obtain and maintain, at a minimum, the following insurance coverages and policy limits. a. Cyber Liability Insurance 1) The Contractor shall maintain cyber liability insurance in an amount not less than three million dollars ($3,000,000) per occurrence or claim and five million dollars ($5,000,000) annual aggregate. Such insurance shall be sufficiently broad to respond to t he Contractor’s duties and obligations under this Contract, and shall include coverage for all acts, claims, errors, omissions, negligence, infringement of intellectual property (including copyright, patent and trade secret); network security and privacy r isks, including but not limited to unauthorized access, failure of security, information theft, damage to destruction of or alteration of electronic information, breach of privacy perils, wrongful disclosure and release of private information, collection, or other negligence in the handling of confidential information, and including coverage for related regulatory fines, defenses, and penalties. 2) Such coverage shall include data breach response expenses, in an amount not less than three million dollars ($3,000,000) and payable whether incurred by the State or Contractor, including but not limited to consumer notification, whether or not required by law, computer forensic investigations, public relations and crisis management firm fees, credit file or identity monitoring or remediation services and expenses in the performance of services for the State or on behalf of the State hereunder . 09-18-25 NC RFP # 33501- 267602 46 b. Commercial General Liability (“CGL”) Insurance 1) The Contractor shall maintain CGL, which shall be written on an ISO Form CG 00 01 occurrence form (or a substitute form providing equivalent coverage) and shall cover liability arising from property damage, premises and operations products and completed operations, bodily injury, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). 2) The Contractor shall maintain single limits not less than one million dollars ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this policy or location of occurrence or the general aggregate limit shall be twice the required occurrence limit. c. Workers’ Compensation and Employer Liability Insurance 1) For Contractors statutorily required to carry workers’ compensation and employer liability insurance , the Contractor shall maintain: i. Workers’ compensation and employer liability insurance in the amounts required by appropriate state statutes. 2) If the Contractor certifies that it is exempt from the requirements of Tenn. Code Ann. §§ 50- 6-101 – 103, then the Contractor shall furnish written proof of such exemption for one or more of the following reasons: i. The Contractor employs fewer than five (5) employees; ii. The Contractor is a sole proprietor; iii. The Contractor is in the construction business or trades with no employees; iv. The Contractor is in the coal mining industry with no employees; v. The Contractor is a state or local government; or vi. The Contractor self -insures its workers’ compensation and is in compliance with the TDCI rules and Tenn. Code Ann. § 50- 6-405. d. Professional Liability Insurance 1) Professional liability insurance shall be written on an occurrence basis or on a claims -made basis. If this coverage is written on a claims -made basis, then: i. The retroactive date must be shown, and must be on or before the earlier of the Effective Date of the Contract or the beginning of Contract work or provision of goods and services; ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) full years from the date of the final Contract payment; and 09-18-25 NC RFP # 33501- 267602 47 iii. If coverage is canceled or non- renewed, and not replaced with another claims -made policy form with a retroactive date on or prior to the Contract Effective Date, the Contractor must purchase “extended reporting” or “tail coverage” for a minimum of five (5) full years from the date of the final Contract payment. 2) Any professional liability insurance policy shall have a limit not less than one million dollars ($ 1,000,000) per claim and two million dollars ($ 2,000,000) in the aggregate; and 3) If the Contract involves the provision of services by medical professionals, a policy limit not less than three million ($ 3,000,000) per claim and three million dollars ($3,000,000) in the aggregate for medical malpractice insurance. e. Automobile Liability Insurance 1) The Contractor shall maintain automobile liability insurance which shall cover liability arising out of any automobile (including owned, leased, hired, and non- owned automobiles). 2) The Contractor shall maintain bodily injury/property damage with a limit not less than one million dollars ($1,000,000) per occurrence or combined single limit. D.25. Hold Harmless. The Contractor agrees to indemnify and hold harmless the State of Tennessee as well as its officers, agents, and employees from and against any and all claims, liabilities, losses, and causes of action which may arise, accrue, or result to any person, fi rm, corporation, or other entity which may be injured or damaged as a result of acts, omissions, or negligence on the part of the Contractor, its employees, or any person acting for or on its or their behalf relating to this Contract. The Contractor further agrees it shall be liable for the reasonable cost of attorneys’ fees, court costs, expert witness fees, and other litigation expenses for the State to enforce the terms of this Contract. In the event of any suit or claim, the Parties shall give each other immediate notice and provide all necessary assistance to respond. The failure of the State to give notice shall only relieve the Contractor of its obligations under this Section to the ex tent that the Contractor can demonstrate actual prejudice arising from the failure to give notice. This Section shall not grant the Contractor, through its attorneys, the right to represent the State in any legal matter, as the right to represent the Stat e is governed by Tenn. Code Ann. § 8- 6-106. D.26. HIPAA Compliance. The State and Contractor shall comply with obligations under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Health Information Technology for Economic and Clinical Health (“HITECH”) Act and any other relevant laws and regulations regarding privacy (collectively the “Privacy Rules”). The obligations set forth in this section shall survive the termination of the Contract. a. Contractor warrants to the State that it is familiar with the requirements of the Privacy Rules, and will comply with all applicable requirements in the course of this Contract. b. Contractor warrants that it will cooperate with the State, including cooperation and coordination with State privacy officials and other compliance officers required by the Privacy Rules, in the course of performance of the Contract so that both parties w ill be in compliance with the Privacy Rules. c. The State and the Contractor will sign documents, including but not limited to business associate agreements, as required by the Privacy Rules and that are reasonably necessary to keep the State and Contractor in compliance with the Privacy Rules. This p rovision shall 09-18-25 NC RFP # 33501- 267602 48 not apply if information received or delivered by the parties under this Contract is NOT “protected health information” as defined by the Privacy Rules, or if the Privacy Rules permit the parties to receive or deliver the information without entering into a b usiness associate agreement or signing another such document. d. The Contractor will indemnify the State and hold it harmless for any violation by the Contractor or its subcontractors of the Privacy Rules. This includes the costs of responding to a breach of protected health information, the costs of responding to a g o vernment enforcement action related to the breach, and any fines, penalties, or damages paid by the State because of the violation. D.27. Tennessee Department of Revenue Registration. The Contractor shall comply with all applicable registration requirements contained in Tenn. Code Ann. § 67- 6-601 – 608. Compliance with applicable registration requirements is a material requirement of this Contract. D.28. Debarment and Suspension. The Contractor certifies, to the best of its knowledge and belief, that it, its current and future principals, its current and future subcontractors and their principals: a. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department or agency; b. have not within a three (3) year period preceding this Contract been convicted of, or had a civil judgment rendered against them from commission of fraud, or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or grant 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 receiv ing stolen property; c. 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 detailed in section b. of this certification; and d. have not within a three (3) year period preceding this Contract had one or more public transactions (federal, state, or local) terminated for cause or default. The Contractor shall provide immediate written notice to the State if at any time it learns that there was an earlier failure to disclose information or that due to changed circumstances, its principals or the principals of its subcontractors are excluded, disqualified, or presently fall under any of the prohibitions of sections a -d. D.29. Prohibited Contract Terms. The prohibited contract terms and conditions enumerated in Tenn. Code Ann. § 12- 3-515, shall be a material provision of this Contract. The Contractor acknowledges, understands, and agrees that the inclusion of a term or condition prohibited by Tenn. Code Ann. § 12-3-515, shall be null and void and the Contract shall be enforceable as if the Contract did not contain such term or condition. E. SPECIAL TERMS AND CONDITIONS: E.1. Conflicting Terms and Conditions . Should any of these special terms and conditions conflict with any other terms and conditions of this Contract, the special terms and conditions shall be subordinate to the Contract’s other terms and conditions. E.2. Confidentiality of Records . Strict standards of confidentiality of records and information shall be maintained in accordance with applicable state and federal law. All material and information, regardless of form, medium or method of communication, provided to the Contractor by the State 09-18-25 NC RFP # 33501- 267602 49 or acquired by the Contractor on behalf of the State shall be regarded as confidential information in accordance with the provisions of applicable state and federal law, state and federal rules and regulations, departmental policy, and ethical standards. Such confidential information shall not be disclosed, and all necessary steps shall be taken by the Contractor to safeguard the confidentiality of such material or information in conformance with applicable state and federal law, state and federal rules and regulations, departmental policy, and ethical standards. The Contractor’s obligations under this section do not apply to information in the public domain; entering the public domain but not from a breach by the Contractor of this Contract; previously possessed by the Contractor without written obligations to the State to protect it; acquired by the Contractor without written restrictions against disclosure from a third party which, to the Contractor’s knowledge, is free to disclose the i nformation; independently developed by the Contractor without the use of the State’s information; or, disclosed by the State to others without restrictions against disclosure. Nothing in this paragraph shall permit Contractor to disclose any information that is confidential under federal or state law or regulations, regardless of whether it has been disclosed or made available to the Contractor due to intentional or negligent actions or inactions of agents of the State or third parties. It is expressly understood and agreed the obligations set forth in this section shall survive the termination of this Contract. E.3. State Furnished Property . The Contractor shall be responsible for the correct use, maintenance, and protection of all articles of nonexpendable, tangible, personal property furnished by the State for the Contractor’s temporary use under this Contract. Upon termination of this C ontract, all property furnished shall be returned to the State in good order and condition as when received, less ordinary wear and tear. Should the property be destroyed, lost, or stolen, the Contractor shall be responsible t o the State for the fair market value of the property at the time of loss. E.4. Prohibited Advertising or Marketing. The Contractor shall not suggest or imply in advertising or marketing materials that the Contractor’s goods or services are endorsed by the State. The restrictions on Contractor advertising or marketing materials under this section shall survive the termination of this Contract. E.5. Lobbying. The Contractor certifies, to the best of its knowledge and belief, that: a. No federally 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making 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. b. If any funds other than federally 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, an officer or employee of Congress, or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form -LLL, ``Disclosure Form to Report Lobbying,'' in accordance with its instructions. c. The Contractor shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 09-18-25 NC RFP # 33501- 267602 50 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code . E.6. Intellectual Property Indemnity . The Contractor agrees to indemnify and hold harmless the State of Tennessee as well as its officers, agents, and employees from and against any and all claims or suits which may be brought against the State concerning or arising out of any claim of an alleged patent, copyright, trade secret or other intellectual property infringement. In any such claim or action brought against the State, the Contractor shall satisfy and indemnify the State for the amount of any settl ement or final judgment, and the Contractor shall be responsible for all legal or other fees or expenses incurred by the State arising from any such claim. The State shall give the Contractor notice of any such claim or suit, however, the failure of the St ate to give such notice shall only relieve Contractor of its obligations under this Section to the extent Contractor can demonstrate actual prejudice arising from the State’s failure to give notice. This Section shall not grant the Contractor, through its attorneys, the right to represent the State of Tennessee in any legal matter, as provided in Tenn. Code Ann. § 8- 6-106. E.7. Partial Takeover . The State may, at its convenience and without cause, exercise a partial takeover of any service which the Contractor is obligated to perform under this Contract, including but not limited to any service which is the subject of a subcontract between Cont ractor and a third party, although the Contractor is not in Breach (hereinafter referred to as “Partial Takeover”). Said Partial Takeover shall not be deemed a Breach of Contract by the State. Contractor shall be given at least 30 days prior written noti ce of said Partial Takeover with said notice to specify the area(s) of service the State will assume and the date of said assumption. Any Partial Takeover by the State shall not alter in any way Contractor’s other obligations under this Contract. The S tate may withhold from amounts due the Contractor the amount the Contractor would have been paid to deliver the service as determined by the State. The amounts shall be withheld effective as of the date the State assumes the service. Upon Partial Takeov er, the Contractor shall have no right to recover from the State any actual, general, special, incidental, consequential, or any other damages whatsoever of any description or amount. E.8. Personally Identifiable Information. While performing its obligations under this Contract, Contractor may have access to Personally Identifiable Information held by the State (“PII”). For the purposes of this Contract, “PII” includes “Nonpublic Personal Information” as that term is defined in Title V of the Gramm -Leach- Bliley Act of 1999 or any successor federal statute, and the rules and regulations thereunder, all as may be amended or supplemented from time to time (“GLBA”) and personally identifia ble information and other data protected under any other applicable laws, rule or regulation of any jurisdiction relating to disclosure or use of personal information (“Privacy Laws”). Contractor agrees it shall not do or omit to do anything which would c ause the State to be in breach of any Privacy Laws. Contractor shall, and shall cause its employees, agents and representatives to: (i) keep PII confidential and may use and disclose PII only as necessary to carry out those specific aspects of the purpose for which the PII was disclosed to Contractor and in accordance with this Contract, GLBA and Privacy Laws; and (ii) implement and maintain appropriate technical and organizational measures regarding information security to: (A) ensure the security and confidentiality of PII; (B) protect against any threats or hazards to the security or integrity of PII; and (C) prevent unauthorized access to or use of PII. Contractor shall immediately notify State: (1) of any disclosure or use of any PII by Contractor or any of its employees, agents and representatives in breach of this Contract; and (2) of any disclosure of any PII to Contractor or its employees, agents and representatives where the purpose of such disclosure is not known to Contractor or its employees, agents and representatives. The State reserves the right to review Contractor's policies and procedures used to maintain the security and confidentiality of PII and Contractor shall, and cause its employees, agents and representatives to, comply with all reasonable requests or directions from the State to enable the State to verify or ensure that Contractor is in full compliance with its obligations under this Contract in relation to PII. Upon termination or expiration of the Contract or at the State’s direction at any time in its sole discretion, 09-18-25 NC RFP # 33501- 267602 51 whichever is earlier, Contractor shall immediately return to the State any and all PII which it has received under this Contract and shall destroy all records of such PII. The Contractor shall report to the State any instances of unauthorized access to or poten tia l disclosure of PII in the custody or control of Contractor (“Unauthorized Disclosure”) that come to the Contractor’s attention. Any such report shall be made by the Contractor within twenty -four (24) hours after the Unauthorized Disclosure has come to the attention of the Contractor. Contractor shall take all necessary measures to halt any further Unauthorized Disclosures. The Contractor, at the sole discretion of the State, shall provide no cost credit monitoring services for individuals whose PII was affected by the Unauthorized Disclosure. The Contractor shall bear the cost of notification to all individuals affected by the Unauthorized Disclosure, including individual letters and public notice. The remedies set forth in this Section are not exclusive and are in addition to any claims or remedies available to this State under this Contract or otherwise available at law. The obligations set forth in this Sect ion shall survive the termination of this Contract. E.9. Transfer of Contractor’s Obligations. a. The Contractor shall immediately notify the State in writing of a proposed merger, acquisition or sale of its business operation, or the part of its business operation that provides services under this Contract, or that this Contract will be sold to or ass umed by another entity. The entity that is proposed to assume the Contractor’s duties under this Contract, whether through merger, acquisition, sale or other transaction, will be hereinafter described as the “New Entity”. b. The Contractor (or, if the Contractor no longer exists as a legal entity, the New Entity) will provide to the State within a reasonable time, information that the State may require about the merger, acquisition or sale, which may include: i. the date and terms of the merger, acquisition or sale, including specifically, but not limited to, adequate documentation of the financial solvency and adequate capitalization of the proposed New Entity ii. evidence of financial solvency and adequate capitalization of the proposed New Entity which may consist of, (1) Debt; (2) Assets; (3) Liabilities; (4) Cash flow (5) Percentage of the total revenues of the company that are represented by this Contract; (6) The most recent annual financial reports; (7) The most recent annual financial reports filed with government agencies, if applicable. iii. a complete description of the relationship of any New Entity to any parent company or subsidiary or division resulting from the merger, acquisition or sale of the original Contractor's business or the part of the original Contractor's business that provides services under this Cont ract or from assumption by, or sale to, another entity of the contract itself, including: (1) the names and positions of corporate or company officers, project managers, other Contractor management staff with responsibilities under the Contract, and numbers and the type of technical or other personnel who will be responsible for fulfilling the obligations of the Contract, and any subcontracts that will be used to provide any personal or other services under the Contract by the New Entity and, 09-18-25 NC RFP # 33501- 267602 52 (2) an organizational chart clearly describing the organizational structure of the New Entity, parent company, subsidiary, division or other unit of the entity or parent company with which it has merged or by which it, or the Contract, has been acquired. iv. such additional evidence of financial solvency, adequate capitalization and information regarding corporate organizational and personnel assigned to the Contract as the State determines is necessary to evaluate the status of the proposed or consummated merger, acquisition or sale. c. The original Contractor shall immediately notify the State in writing in the event of a change in its legal name and/or Federal Employer Identification Number (FEIN). The Contractor shall comply with State requests for copies of any documents that have been filed with state corporate records officials or other officials in the state of its incorporation that verify the name change and a narrative description of the reasons for the name change. If a New Entity has succeeded to the interest of the original C ontractor, it shall immediately provide the State written notification of its Federal Employer Identification Number (FEIN), its complete corporate name, State of incorporation, and other documentation required to effectuate the transfer. d. Notwithstanding any other provisions of this Contract to the contrary, the State may immediately terminate this Contract in whole or in stages in the event that it determines that the New Entity. i. has been debarred from State or Federal contracting in the past five years ii. has had a contract terminated for cause by the State of Tennessee within the past five years. The Contractor shall be entitled to compensation for satisfactory, authorized service completed as of the termination date, but in no event shall the State be liable to the Contractor or New Entity for compensation for any service which has not been render ed. Upon such termination, the Contractor or New Entity shall have no right to any actual general, special, incidental, consequential, or any other damages whatsoever of any description or amount. e. The New Entity shall provide to the State within ten (10) business days of the State’s request, a notarized statement signed by an individual authorized to bind the New Entity certifying that all liabilities and obligations incurred by the former Contractor are assumed by the New Entity. f. If the New Entity owes money to the State of Tennessee, it acknowledges that Tennessee Code Ann. § 9- 4-604 requires repayment of these funds and will enter into a legally binding agreement for repayment. E.10. Information Technology Security Requirements a. The Contractor shall protect State Data as follows: (1) The Contractor shall ensure that all State Data is housed in the continental United States, inclusive of backup data. All State data must remain in the United States, regardless of whether the data is processed, stored, in- transit, or at rest. Access to State data shall be limited to US -based (onshore) resources only. All system and application administration must be performed in the continental United States. Configuration or development of software and code is permitted 09-18-25 NC RFP # 33501- 267602 53 outside of the United States. However, software applications designed, developed, manufactured, or supplied by persons owned or controlled by, or subject to the jurisdiction or direction of, a foreign adversary, which the U.S. Secretary of Commerce acting pursuant to 15 CFR 7 has defined to include the People’s Republic of China, among others are prohibited. Any testing of code outside of the United States must use fake data. A copy of production data may not be transmitted or used outside the United States. (2) The Contractor shall encrypt Confidential State Data at rest and in transit using the current version of Federal Information Processing Standard (“FIPS”) 140- 2 or 140 - 3 (or current applicable version) validated encryption technologies. The State shall control all access to encryption keys. The Contractor shall provide installation and maintenance support at no cost to the State. (3) The Contractor and any Subcontractor used by the Contractor to host State data, including data center vendors, shall be subject to an annual engagement by a licensed CPA firm in accordance with the standards of the American Institute of Certified Public A ccountants (“AICPA”) for a System and Organization Controls for service organizations (“SOC”) 2 Type 2 examination. The scope of the SOC 2 Type 2 examination engagement must include the Security, Availability, Confidentiality, and Processing Integrity T rust Services Criteria. In addition, the Contractor services that are part of this Contract, including any processing or storage services, must be included in the scope of the SOC 2 Type 2 examination engagement(s). (4) The Contractor must annually review its SOC 2 Type 2 examination reports. Within 30 days of receipt of the examination report, or upon request from the State or the Comptroller of the Treasury, the Contractor must provide the State or the Comptroller of t he Treasury with a non- redacted copy of the Contractor’s SOC 2 Type 2 examination report(s). The Contractor must review the annual SOC 2 Type 2 examination reports for each of its Subcontractors and must also assist the State or Comptroller of the Treasury with obtaining a non- redacted copy of any SOC examination reports for each of its Subcontractors, including data centers used by the Contractor to host or process State data. If the Contractor’s SOC 2 Type 2 examination report includes a modified opinion, meaning that the opinion is qualified, adverse, or disclaimed, the Contractor must share the SOC report and the Contractor’s plan to address the modified opinion with the Stat e or the Comptroller of the Treasury within 30 days of the Contractor’s receipt of the SOC report or upon request from the State or the Comptroller of the Treasury. If any Subcontractor(s) SOC 2 Type 2 examination report includes a modified opinion, the Co ntractor must assist the State or Comptroller of the Treasury with obtaining the Subcontractor(s) SOC report and the Subcontractor(s) plan to address the modified opinion. The Contractor must have a process for correcting control deficiencies that were identified in the SOC 2 Type 2 examination, including follow -up documentation providing evidence of such corrections. Within 30 days of receipt of the examination report, or upon request from the State or the Comptroller of the Treasury, the Contractor must provide the State or the Comptroller of the Treasury with a corrective action plan and evidence of correcting the control deficiencies. The Contractor must require each of i ts Subcontractors, including data centers used by the Contractor to host State data, to have a process for correcting control deficiencies identified in their SOC examination reports and must assist the State or Comptroller of the Treasury with obtaining a corrective action plan and obtaining evidence of correcting control deficiencies identified in Subcontractor(s) SOC reports. 09-18-25 NC RFP # 33501- 267602 54 No additional funding shall be allocated for these examinations as they are included in the Maximum Liability of this Contract. (5) The Contractor must annually perform Penetration Tests and Vulnerability Assessments against its Processing Environment per the NIST 800- 115 definition. “Processing Environment” shall mean the combination of software and hardware on which the Application runs. “Application” shall mean the computer code that supports and accomplishes the State’s requirements as set forth in this Contract. “Penetration Tests” shall be in the form of attacks on the Contractor’s computer system, with the purpose of discovering security weaknesses which have the potential to gain access to the Processing Environment’s features and data. The “Vulnerability Assessment” shall be designed and executed to define, identify, and classify the security holes (vulnerabilities) in the Processing Environment. The Contractor shall allow the State, at its option, to perform Penetration Tests and Vulnerability Assessments on the Processing Environment. The Contractor shall provide a letter of attestation on its processing environment that penetration tests and vulnerability assessments has been performed on an annual basis and taken corrective action to evaluate and address any findings. In the event of an unauthorized disclosure or unauthorized access to State data, the State Strategic Technology Solutions (STS) Security Incident Response Team (SIRT) must be notified and engaged by calling the State Customer Care Center (CCC) at 615 -741- 1001. Any such event must be reported by the Contractor within twenty -four (24) hours after the unauthorized disclosure has come to the attention of the Contractor. (6) If a breach has been confirmed a fully un- modified third -party forensics report must be supplied to the State and through the STS SIRT. This report must include indicators of compromise (IOCs) as well as plans of actions for remediation and restoration. Co ntractor shall take all necessary measures to halt any further Unauthorized Disclosures. (7) Upon State request, the Contractor shall provide a copy of all Confidential State Data it holds. The Contractor shall provide such data on media and in a format determined by the State. (8) Upon termination of this Contract and in consultation with the State, the Contractor shall destroy, and ensure all subcontractors shall destroy, all Confidential State Data it holds (including any copies such as backups) in accordance with the current version of National Institute of Standards and Technology (“NIST”) Special Publication 800- 88. The Contractor shall provide a written confirmation of destruction to the State within ten (10) business days after destruction. b. Minimum Requirements (1) The Contractor and all data centers used by the Contractor to host State data, including those of all Subcontractors, must comply with the State’s Enterprise Information Security Policies as amended periodically. The State’s Enterprise Information Securit y Policies document is found at the following URL: https://www.tn.gov/finance/strategic -technology -solutions/strategic -technology - solutions/sts -security -policies.html. (2) The Contractor agrees to maintain the Application so that it will run on a current, manufacturer -supported Operating System. “Operating System” shall mean the software that supports a computer's basic functions, such as scheduling tasks, executing applications, and controlling peripherals. 09-18-25 NC RFP # 33501- 267602 55 (3) If the Application requires middleware or database software, Contractor shall maintain middleware and database software versions that are always fully compatible with current versions of the Operating System and Application to ensure that security vulnerabilities are not introduced. (4) In the event of drive/media failure, if the drive/media is replaced, it remains with the State and it is the State’s responsibility to destroy the drive/media, or the Contractor shall provide written confirmation of the sanitization/destruction of data according to NIST 800 -88. c. Business Continuity Requirements. The Contractor shall maintain set(s) of documents, instructions, and procedures which enable the Contractor to respond to accidents, disasters, emergencies, or threats without any stoppage or hindrance in its key operations (“Business Continuity Requirements”). Business Continuity Requirements shall include: (1) “Disaster Recovery Capabilities” refer to the actions the Contractor takes to meet the Recovery Point and Recovery Time Objectives defined below. Disaster Recovery Capabilities shall meet the following objectives: i. Recovery Point Objective (“RPO”). The RPO is defined as the maximum targeted period in which data might be lost from an IT service due to a major incident One (1) hour ii. Recovery Time Objective (“RTO”). The RTO is defined as the targeted duration of time and a service level within which a business process must be restored after a disaster (or disruption) in order to avoid unacceptable consequences associated with a break i n business continuity: Twenty -four (24) hours (2) The Contractor and the Subcontractor(s) shall maintain a documented Disaster Recovery plan and shall share this document with the State when requested. The Contractor and the Subcontractor(s) shall perform at least one Disaster Recovery Test every three hundred sixty -five (365) days. A “Disaster Recovery Test” shall mean the process of verifying the success of the restoration procedures that are executed after a critical IT failure or disruption occurs. The Disaster Recovery Test shall use actual State Data Sets that mirror production data, and success shall be defined as the Contractor verifying that the Contractor can meet the State’s RPO and RTO requirements. A “Data Set” is defined as a collection of related sets of information that is composed of s eparate elements but can be manipulated as a unit by a computer. The Contractor shall provide written confirmation to the State after each Disaster Recovery Test that its Disaster Recovery Capabilities meet the RPO and RTO requirements. E.11. Comptroller Audit Requirements. When requested by the State or the Comptroller of the Treasury, the Contractor must provide the State or the Comptroller of the Treasury with a detailed written description of the Contractor’s information technology control environment, including a descrip tion of general controls and application controls. The Contractor must also assist the State or the Comptroller of the Treasury with obtaining a detailed written description of the information technology control environment for any third or fourth parties, or Subcontractors, used by the Contractor to process State data and/or provide services under this Contract. 09-18-25 NC RFP # 33501- 267602 56 Contractor will maintain and cause its Subcontractors to maintain a complete audit trail of all transactions and activities in connection with this Contract, including all information technology logging and scanning conducted within the Contractor’s and Subcontractor’s information technology control environment. Upon reasonable notice and at any reasonable time, the Contractor grants the State or the Comptroller of the Treasury with the right to audit the Contractor’s information technology control environm ent, including general controls and application controls. The audit may include testing the general and application controls within the Contractor’s information technology control environment and may also include testing general and application controls fo r any third or fourth parties, or Subcontractors, used by the Contractor to process State data and/or provide services under this Contract. The audit may include the Contractor’s and Subcontractor’s compliance with the State’s Enterprise Information Securi ty Policy and all applicable requirements, laws, regulations, or policies. Upon reasonable notice and at any reasonable time, the Contractor and Subcontractor(s) agree to allow the State, the Comptroller of the Treasury, or their duly appointed representatives to perform information technology control audits of the Contractor and all Subcontractors used by the Contractor. Contractor will provide to the State, the Comptroller of the Treasury, or their duly appointed representatives access to Contractor and Subcontractor(s) personnel for the purpose of performing the information technology control audit. The audit may include interviews with technical and management personnel, physical or virtual inspection of controls, and review of paper or electronic documentation. The Contractor must have a process for correcting control deficiencies that were identified in the State’s or Comptroller of the Treasury’s information technology audit. For any audit issues identified, the Contractor and Subcontractor(s) shall submit a co rrective action plan to the State or the Comptroller of the Treasury which addresses the actions taken, or to be taken, and the anticipated completion date in response to each of the audit issues and related recommendations of the State or the Comptroller of the Treasury. The corrective action plan shall be provided to the State or the Comptroller of the Treasury upon request from the State or Comptroller of the Treasury and within 30 days from the issuance of the audit report or communication of the audit issues and recommendations. Upon request from the State or Comptroller of the Treasury, the Contractor and Subcontractor(s) shall provide documentation and evidence that the audit issues were corrected. Each party shall bear its own expenses incurred while conducting the information technology controls audit. E.12. Artificial Intelligence (AI) Use and Compliance Requirements. The Contractor agrees that any product, service, or solution incorporating Artificial Intelligence (AI), including Generative AI (GenAI), procured under this Agreement shall comply fully with the State of Tennessee’s Enterprise Artificial Intelligence Policy (Policy 200- POL-007), available at: https://www.tn.gov/content/dam/tn/finance/artificialintelligence/Enterprise_Artificial_Intelligence_P olicy.pdf The Contractor further agrees to the following: 1. Data Privacy and Security Contractor shall not use, access, store, transmit, or process any State Data— including but not limited to confidential, privileged, personally identifiable information (PII), protected health information (PHI), Payment Card Industry (PCI) data, criminal justice information (CJIS), federal tax information (FTI), Centers for Medicare & Medicaid Services (CMS) data, Social Security Administration (SSA) data, Family Education Rights & Privacy Act (FERPA) data, or internal communications —through any AI tools or pl atforms unless: a. The AI tool is explicitly approved in writing by the State. b. The tool is operated within a secure State- controlled or approved environment. 09-18-25 NC RFP # 33501- 267602 57 2. Prohibition on Model Training Contractor shall not use State Data to train, fine -tune, or otherwise improve AI models, unless expressly authorized in writing by the State and in accordance with Policy 200- POL- 007. 3. Transparency and Accountability Contractor shall clearly disclose when AI tools are used in providing services or generating content on behalf of the State. Contractor is responsible for the accuracy, reliability, and appropriateness of all AI -generated outputs. 4. Use of Approved Tools Only Only State- approved AI platforms, systems, or services may be used in the performance of this contract. Use of public, consumer, or non- State -managed AI platforms (e.g., ChatGPT, Google Gemini, etc.) with State Data is strictly prohibited unless authorized in writing. 5. Ongoing Compliance and Risk Mitigation Contractor shall ensure continued compliance with evolving State and federal regulations related to AI. The State reserves the right to audit or review AI usage under this Agreement at any time. 6. Indemnification Contractor shall further indemnify and hold harmless the State in accordance with the Hold Harmless section of this Agreement for any unauthorized disclosure, misuse, or compromise of State Data resulting from AI -related processing that violates this Agree ment or State policy. E.13. Contractor shall be certified to host Payment Card Industry ("PCI") data in accordance with the current version of PCI DSS ("Data Security Standard"), maintained by the PCI Security Standards Council. IN WITNESS WHEREOF, CONTRACTOR LEGAL ENTITY NAME : CONTRACTOR SIGNATURE DATE PRINTED NAME AND TITLE OF CONTRACTOR SIGNATORY (above) DEPARTMENT OF COMMERCE AND INSURANCE: CARTER LAWRENCE, COMMISSIONER DATE 09-18-25 NC RFP # 33501- 267602 i ATTACHMENT A ATTESTATION RE PERSONNEL USED IN CONTRACT PERFORMANCE SUBJECT CONTRACT NUMBER: CONTRACTOR LEGAL ENTITY NAME: EDISON VENDOR IDENTIFICATION NUMBER: The Contractor, identified above, does hereby attest, certify, warrant, and assure that the Contractor shall not knowingly utilize the services of an illegal immigrant in the performance of this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of an illegal immigrant in the performance of this Contract. CONTRACTOR SIGNATURE NOTICE: This attestation MUST be signed by an individual empowered to contractually bind the Contractor. If said individual is not the chief executive or president, this document shall attach evidence showing the individual’s authority to contractually bind the Contractor. PRINTED NAME AND TITLE OF SIGNATORY DATE OF ATTESTATION