Texas Department of Criminal Justice Proposal Cover Page

This form requests basic information about the Respondent and project and must be completed in its entirety, including the signature of the Authorized Representative.

SOLICITATION INFORMATION

Document Type: 9 Statutory Cite: Texas Government Code 493.019

1) Solicitation Number: 696-IG-26-P034 2) Issue Date: 3) Deadline: May 13, 2026

April 13, 2026 3:00 p.m. CT

4) Contract Specialists: Ashley Durdin 936-437-3842 ashley.durdin@tdcj.texas.gov

(reference Section G.2.2) Courtney Grozinger 936-437-3803 courtney.grozinger@tdcj.texas.gov

5) Type of Solicitation: RFP-Request for Proposal

6) Solicitation Description:

The TDCJ is seeking proposals for providing all necessary personnel, equipment, materials, supplies, and Services, and otherwise do all things necessary for, or incidental to, providing Forensic Analysis of Physical Evidence for the identification of urine stains and feces stains, and expert witness testimony for Inmates identified by the Department.

PROPOSAL SUBMITTAL

7) Submission

Portal :

https://tdcj.bonfirehub.com

*Reference Section L for complete submittal instructions. LATE OR EMAILED PROPOSALS WILL NOT BE ACCEPTED.

RESPONDENT INFORMATION

8) Legal Business Name:

9) Mailing Address Information (include street, city, county, state and 9-digit zip code):

10) Payee Name and Mailing Address, including 9-digit zip code (if different from above)

(remittance address if not electing Direct Deposit):

11) Federal Tax ID No. (9-digit), State of Texas Comptroller Vendor ID Number (14-digit) or Social Security Number (9-digit):

12) Type of Entity (check all that apply):

Corporation (incorporated under the laws of the State of _____________) Partnership Individual Non-Profit Organization* Joint Venture *If incorporated, provide 10-digit charter number assigned by Secretary of State:

If a Foreign Entity:

Individual Partnership Joint Venture Non-Profit Organization Corporation (registered for business in _________________ (country)

13) Prompt Payment Discount: _____ % ____Days or Net 30 (reference Section G.3 for additional information)

14) Amendments: Signed and submitted by the Respondent with Proposal or via email prior to the deadline.

RESPONDENT AUTHORITY AND SIGNATURE

15) Point of Contact Name: __________________________________ Title: __________________________________

Email address: ______________________________________________ Telephone #: _________________

16) Authorized Signature: Date:

696-IG-26-P034

SUMMARY OF KEY DATES

April 13, 2026 Issue Solicitation through ESBD to the Bonfire Hub.

April 27, 2026 3:00 p.m. CDT Deadline for Written Questions for Clarification to the Department (See Section L.1).

April 30, 2026 3:00 p.m. CDT Deadline to Submit Responses to Clarification Questions to the Department.

May 13, 2026 3:00 p.m. CDT Deadline for the Department Receipt of Proposals.

Late Proposals will not be accepted.

September 1, 2026 Service Commencement Date

In compliance with Texas Government Code 2161.252 it has been determined there is not a probability of Veteran Heros United in Business (VetHUB) Subcontracting opportunities available for this Solicitation and the completion of VetHUB Subcontracting Plan will not be required for this Solicitation.

TABLE OF CONTENTS

Page

SUMMARY OF KEY DATES

SECTION A – CONTRACT DEFINITIONS

A.1 GENERAL DEFINITIONS

A.2 SERVICE SPECIFIC DEFINITIONS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired B.1.2 Pricing Instructions

B.2 PRICING SCHEDULE

B.3 ALLOWABLE COSTS

B.4 NON-ALLOWABLE COSTS

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

C.2 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES,

PROCEDURES, AND LAWS

C.3 GENERAL DUTIES AND OBLIGATIONS

C.4 TRAVEL

C.5 ACCREDITATION AND LICENSURE

C.6 TRAINING

SECTION D – REQUIRED DOCUMENTS FROM CONTRACTOR

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

E.2 INSPECTION BY STATE EMPLOYEES

E.3 MONITORING CRITERIA

E.4 AUDITS BY OTHER AGENCIES

E.5 FRAUD, WASTE, OR ABUSE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

F.2 OPTION TO RENEW THIS CONTRACT

F.3 OPTION TO EXTEND SERVICES

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, CONTRACT SPECIALIST,

PROGRAM COORDINATOR AND PROGRAM DIRECTOR

G.2.1 Authorized Representative G.2.2 Contract Specialist G.2.3 Program Coordinator G.2.4 Program Director

G.3 INVOICE REQUIREMENTS

G.4 PAYMENTS

G.4.1 Payment Adjustment G.4.2 Late Payment G.4.3 Deductions for Unacceptable Compliance Standards G.4.4 Withholding of Payment G.4.5 Right to Offset

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

H.1.1 Required Provisions

H.2 SUBCONTRACTING (IF APPLICABLE)

H.2.1 Insurance

H.3 CRIMINAL HISTORY INFORMATION COMPLIANCE

H.4 DATA SECURITY; ENCRYPTION AND BREACH NOTIFICATION

H.5 OTHER CONFIDENTIAL OR SENSITIVE INFORMATION

H.6 BOOKS AND RECORDS

H.7 ORGANIZATIONAL AND NAME CHANGE

H.8 FREE EXERCISE OF RELIGION

H.9 DELAY OF SERVICES

H.10 SECURITY

H.11 UTILIZATION OF SERVICES

H.12 TRANSITION

SECTION I – CONTRACT CLAUSES

I.1 ADVERTISING OF AWARD

I.2 DEFAULT AND TERMINATION

I.2.1 Default by the Contractor I.2.2 Further Opportunity to Cure I.2.3 Remedy of the Department I.2.4 Termination for Convenience I.2.5 Termination by Mutual Agreement I.2.6 Termination Procedures I.2.7 Default by the Department I.2.8 Remedy of the Contractor

I.3 NO WAIVER OF RIGHTS

I.4 TAXES/WORKERS’ COMPENSATION/UNEMPLOYMENT INSURANCE – INCLUDING

INDEMNITY

I.5 NO WAIVER OF DEFENSES

I.6 INDEPENDENT CONTRACTOR

I.7 MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS

I.8 APPROVAL OF CONTRACT

I.9 NON-DISCRIMINATION

I.10 CONFIDENTIALITY

I.11 CONTRACT CHANGES

I.12 SEVERABILITY

I.13 IMMIGRATION

I.14 NO LIABILITY UPON TERMINATION

I.15 LIMITATION ON AUTHORITY

I.16 INTELLECTUAL PROPERTY INDEMNIFICATION

I.17 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, AS

REQUIRED BY TEXAS ADMINISTRATIVE CODE, TITLE 1, PART 10, CHAPTER

I.18 RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE

OWNERSHIP)

I.19 FORCE MAJEURE

I.20 NOTICES

I.21 SUBSTITUTIONS

SECTION J – LIST OF EXHIBITS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

RESPONDENTS

K.1 RESERVED FOR FUTURE USE

K.2 FRANCHISE TAX REPRESENTATION

K.3 REPRESENTATIONS OF THE RESPONDENT

K.3.1 Organization and Qualification K.3.2 Authorization K.3.3 No Violation of Agreements, Articles of Incorporation or Bylaws K.3.4 No Defaults Under Agreements K.3.5 Compliance with Laws K.3.6 No Litigation K.3.7 Taxes K.3.8 Financial Statements K.3.9 No Adverse Change K.3.10 Disclosure K.3.11 No Collusion K.3.12 Disclosure of Interested Parties K.3.13 Felony Convictions K.3.14 Deceptive Trade Practices; Unfair Business Practices K.3.15 Notification

K.4 REPRESENTATIONS OF THE DEPARTMENT

K.4.1 Authorization K.4.2 No Violation of Agreements K.4.3 Disclosure

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO RESPONDENTS

L.1 DISCUSSIONS, CORRESPONDENCE, AND AMENDMENTS TO THE

SOLICITATION

L.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF PROPOSALS

L.3 SIGNATURES ON PROPOSALS SUBMITTED

L.4 PROPOSAL ACCEPTANCE

L.5 CONTRACT AWARD

L.6 RIGHTS OF THE DEPARTMENT

L.7 PROPOSAL PREPARATION INSTRUCTIONS

L.8 PROPOSAL SUBMISSION CHECKLIST

L.9 LEGISLATIVE BUDGET BOARD (LBB) POSTING

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 SELECTION PROCESS

M.2 MINIMUM QUALIFICATIONS

M.3 EVALUATION CRITERIA

M.3.1 Cost M.3.2 Technical M.3.3 Past Performance M.3.4 Financial Strength M.3.5 Experience

696-IG-26-P034 Section A

SECTION A – CONTRACT DEFINITIONS

The following terms used in this Contract shall, unless the context indicates otherwise, have the meanings set forth below, to include the singular and plural versions:

A.1 GENERAL DEFINITIONS

Authorized Representative – the person designated in writing to act for and on behalf of a party of this Contract, which designation has been furnished to the other party.

Biennium – any of the two-year periods beginning on September 1 and ending on August 31 of odd numbered years, which are used for budgetary purposes by the State of Texas.

Compliance Standards – Contract requirements that have specific and clearly defined recoupment strategies to ensure that the Department does not pay for Services that are not received.

Contractor – the individual, partnership, or corporation who performs Services under this Contract.

Contract Specialist – the Department employee responsible for non-technical administration of this Contract.

Contract Term – the duration of this Contract.

Day – calendar Day, unless otherwise specified.

Department – the Texas Department of Criminal Justice (TDCJ), an agency of the State of Texas.

Department Policy – all written policies, procedures, standards, guidelines, directives, and manuals of the Texas Board of Criminal Justice (TBCJ) and the Department, applicable to providing the Services specified under this Contract.

Event of Default – any of the events or circumstances described in Section I.2.

Fiscal Year – any of the one-year periods beginning September 1 and ending August 31, which are used for annual budgetary purposes by the State of Texas.

Inmate – a person under supervision or custody of the Department.

Material Failure – the failure of a party to fulfill one or more obligations essential to achieving the purpose of this Contract.

Non-Appropriation – the failure by the Texas Legislature, as part of its budgetary process, to appropriate money to be used for the Payments due hereunder.

Payment – the amount(s) agreed to be paid by the Department to the Contractor for Services provided under this Contract.

PD – the TDCJ’s Personnel Directives.

Quarter – the periods that relate to the Department’s Fiscal Year, beginning September 1, December 1, March 1, and June 1.

696-IG-26-P034 Section A

Respondent – an individual or entity that submits a proposal, including anyone acting on behalf of the individual or entity, such as an agent, employee, or representative.

Service – delivery by the Contractor of the requirements in accordance with the terms and conditions of this Contract.

Service Commencement Date – the date on which the Contractor shall begin providing Services pursuant to this Contract.

TBCJ – the Texas Board of Criminal Justice.

Working Day – a weekday, unless it is a holiday observed by the Department.

A.2 SERVICE SPECIFIC DEFINITIONS

Crime Laboratory – a public or private laboratory or other entity that conducts a Forensic Analysis.

Forensic Analysis – a medical, chemical, toxicologic, ballistic, serological, or other expert examination or test performed on Physical Evidence, including Deoxyribonucleic Acid (DNA) evidence, for the purpose of determining the connection of the evidence to a criminal action. The term includes an examination or test requested by a law enforcement agency, prosecutor, criminal suspect or defendant, or court.

Forensic Analyst – a person who, on behalf of a Crime Laboratory accredited under Texas Code of Criminal Procedure, Article 38.01, Section 4-a, technically reviews or performs a Forensic Analysis or draws conclusions from or interprets a Forensic Analysis for a court or Crime Laboratory.

FSC – the Texas Forensic Science Commission.

Program Coordinator – the Department employee responsible for the technical details within the scope of this Contract.

Physical Evidence – any tangible object, thing, or substance relating to a criminal action.

Program Director – the person designated by the Contractor responsible for delivering Services under this Contract.

TDCJ-OIG – the Texas Department of Criminal Justice-Office of the Inspector General.

Travel Expenses – a meal, lodging, transportation, or incidental expense(s) as defined by Texas Government Code, Section 660.002.

696-IG-26-P034 Section B

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired

The Contractor shall, in accordance with the terms of this Contract, provide all necessary personnel, equipment, materials, supplies, and Services, and otherwise do all things necessary for, or incidental to, providing Forensic Analysis of Physical Evidence for the identification of urine stains and feces stains, and expert witness testimony, for Inmates identified by the Department.

B.1.2 Pricing Instructions

A. The Department anticipates the award of a firm, fixed-price Contract for these Services.

B. The price shall be evaluated in accordance with the evaluation factors identified within Section M.

C. Respondents shall complete Section B.2, Pricing Schedule, according to the Services being provided.

D. In its pricing proposal, the Respondent shall include all costs (such as direct, indirect, profit, etc.) of providing the Services required below in Section C. The Respondent shall present a detailed budget and budget narrative as to how costs were derived for providing requested services.

B.2 PRICING SCHEDULE

Base Period (9/01/26 – 08/31/27)

Pricing

Forensic Analysis for the identification of urine stains $ /per test

Forensic Analysis for the identification of feces stains $ /per test

Expert witness testimony $ /per court appearance

Option Period One (09/01/27 – 08/31/28)

Forensic Analysis for the identification of urine stains $ /per test

Option Period Two (09/01/28 – 08/31/29)

Forensic Analysis for the identification of urine stains $ /per test

Option Period Three (09/01/29 – 08/31/30)

Option Period Four (09/01/30 – 08/31/31)

B.3 ALLOWABLE COSTS

The proposed budget shall include only costs that are reasonable, necessary, and allowable under state statutes, Department Policy, and federal cost standards. The Department shall make the final decision on the allowance or acceptability of a cost.

B.4 NON-ALLOWABLE COSTS

The proposed budget shall not include costs that are not allowed by the State or any authorized agency, statute, policy, or procedure. Types of non-allowable costs may include; but are not limited to: participation incentives; staff incentives; staff leave buy backs; alcoholic beverages; food or beverages for staff, volunteers or guests;

entertainment costs for staff or guests; gifts; firearms; consultant fees; legal services; bad debts; fundraising; political lobbying; and tobacco products.

696-IG-26-P034 Section C

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

The Department requires a Contractor to provide Services for the Forensic Analysis of Physical Evidence for the identification of urine stains, the identification of feces stains, and expert witness testimony in accordance with Texas Code of Criminal Procedure, Article 38.35, Forensic Analysis of Evidence; Admissibility, for Inmates identified by the Department.

The Texas Department of Criminal Justice-Office of the Inspector General (TDCJ-OIG) is the primary investigative and law enforcement entity for the TDCJ. The TDCJ-OIG investigators are assigned to prison units and regions throughout the State and are certified peace officers, as authorized by Texas Code of Criminal Procedure, Article 2.12, and licensed by the Texas Commission on Law Enforcement (TCOLE).

The Investigations Department of the TDCJ-OIG investigates violations of state and federal law committed by Inmates, employees, contract staff, visitors, and free-world individuals who involve themselves in subversive criminal activities that have the potential to breach the security of TDCJ facilities.

C.2 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES,

PROCEDURES, AND LAWS

The Contractor shall provide Services to the Department that are in compliance with applicable local, state, and federal laws, including all constitutional, legal and court ordered requirements, whether now in effect or hereafter effected or implemented. The Contractor shall comply with Department Policies, procedures, personnel directives and regulations during the Contract Term. The Contractor shall comply with the Department’s safety requirements and reporting procedures.

C.3 GENERAL DUTIES AND OBLIGATIONS

A. The Contractor shall provide Forensic Analysis of Physical Evidence for the identification of urine stains and the identification of feces stains at the prices referenced in Section B.2, Pricing Schedule.

B. The Contractor shall provide all the necessary Crime Laboratory submission forms to the Program Coordinator.

C. The Contractor will notify the Department of test results within five Working Days from the date tests are completed.

D. The Contractor will perform these laboratory testing Services in accordance with the 17025 Standard and Supplemental Requirements of the International Organization for Standardization/International Electrotechnical Commission (ISO/IEC).

E. The Contractor agrees to testify in criminal court during the contracted term on behalf of the Department as an expert witness concerning any test provided during the Contract Term.

F. The Contractor will electronically transmit or mail test results to the Department. If the Department requires results sent in another manner other than the methods described above, the Department agrees to pay any additional charges associated with resending these results.

G. The Contractor shall complete the Forensic Analysis of Physical Evidence and provide the results within 180 days after receipt from the Department.

H. The Contractor shall perform all Forensic Analysis Services with the professional skill and care ordinarily exercised by component Forensic Analysts under similar circumstances, consistent with generally accepted forensic science standards and applicable accreditation requirements. The Contractor shall ensure personnel qualifications, training, and experience are appropriate to the methods performed and the opinions rendered.

I. The Contractor shall establish, follow, and maintain documented chain of custody procedures for all Physical Evidence received, handled, or analyzed, including unique identifiers, receipt and/or transfer timestamps, custodians, storage conditions, tamper-evident packaging, and final disposition. Chain of custody records must be retained per the Department’s Record Retention Schedule and made available to the Department upon request.

J. In the event the Contractors personnel provide expert testimony, such testimony will be based on scientifically valid principles and methodologies accepted in the relevant forensic discipline, with appropriate documentation of procedures, validations, quality controls, uncertainty/limitations, and qualifications of the testifying Forensic Analyst.

Upon request, the Contractor shall provide the Department with exhibits, curriculum vitae, method summaries, validation abstracts, and a list of prior testimony relevant to the methods used.

K. If any portion of service delivery uses a cloud service (including Laboratory Information

Management System (LIMS), portals, Secure File Transfer Protocol (SFTP) gateways, or hosted repositories), the Contractor shall maintain the Texas Risk and Authorization Management Program (TX-RAMP) certification at the appropriate level and furnish proof of certification prior to commencement and upon renewal.

C.4 TRAVEL

A. If expert witness testimony is required, the Department will reimburse the Contractor for all eligible Travel Expenses at the current rates established by the Texas Comptroller of Public Accounts Textravel website. Travel Expenses are reimbursable only for the purpose of expert witness testimony. Travel Expenses incurred for personal reasons, i.e., vehicle trouble on a personal vehicle, becoming ill, etc., are not payable or reimbursable.

B. The Contractor will be responsible for the initial payment of Travel Expenses. The Contractor must obtain original receipts for such Travel Expenses in order to be reimbursed for these expenses.

C. Whether booking through the Hotel Engine platform or directly with the hotel, the Contractor shall obtain an itemized receipt or folio from the hotel showing a zero balance at the time of checkout and include it with the travel reimbursement request.

D. Reimbursement for travel, if any, will be based on the mileage to and from the specified destination and shall be in accordance with the current rates established by the Texas Comptroller of Public Accounts Textravel website.

E. Travel reimbursement shall be based on the Texas Comptroller of Public Accounts

Textravel website at: https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php, and will be allowed for the following expenses:

1. the actual cost of lodging based on the city or county in which the lodging is located;

2. the actual cost of meals based on the city or county in which the destination is located; and

3. the actual mileage to and from the specified destination(s), based on the Department approved map for mileage calculations.

F. In the event that travel via airplane is required, the Contractor may be reimbursed for the actual cost of the airfare and rental car to and from the airport. The Contractor is required to obtain the lowest airfare on the given date of travel and rental cars are to be economy or subcompact vehicles. The Contractor will not receive reimbursement for first class airfares or the rental of luxury vehicles. In the event that the rental car base rate does not include insurance, the Department will reimburse the Contractor for the Loss/Damage Waiver (LDW) coverage, but will not reimburse for liability or other coverage.

C.5 ACCREDITATION AND LICENSURE

A. The Contractor shall have and maintain current Crime Laboratory accreditation and Forensic Analyst licensure for the duration of the Contract Term. In the event Department rules conflict with the Texas Forensic Science Commission (FSC) rules, the FSC rules will prevail.

B. The Contractor shall provide the Department with updated accreditation certificates and license(s) immediately upon receipt.

C. The Contractor shall be accredited by either the American National Standards

Institute-American Society for Quality (ANSI-ASQ) National Accreditation Board (ANAB) or the American Association for Laboratory Accreditation (A2LA) in the field of forensic testing.

D. The scope of accreditation must include the discipline/category of biology with applicable subcategories to perform the requested Services herein, to include:

1. serology (body fluid identification); and

2. nuclear DNA testing.

C.6 TRAINING

A. The Contractor shall comply with the FSC licensure for training requirements.

B. The Contractor shall provide, at its own expense, training to program staff meeting the minimum requirements of their licensing/certification agency or association.

C. All training hours an employee receives shall be documented in the employee’s personnel file and/or personnel training records, to include course topic, number of hours, and date completed. Training documentation shall include an authorized signature validating such training. The Contractor shall maintain accurate, complete, current, and orderly training records on location on each employee.

696-IG-26-P034 Section D

SECTION D – REQUIRED DOCUMENTS FROM CONTRACTOR

The Contractor shall submit the listed documents/reports during the Contract Term. These documents/reports may be revised, or additional documents/reports may be required, at the Department’s discretion.

SEND TO DUE DATE DOCUMENT/REPORT AUTHORITY

MONTHLY

Program Coordinator By the 5th of the following month

Monthly Invoices with supporting documents

Contract, Section G.3.E

QUARTERLY

Contract Specialist Each Quarter Report listing litigation Solicitation, Section K.3.6.E

ANNUALLY

Contract Specialist Prior to Service

Commencement and within 30 Days of effective date upon renewal or replacement

Insurance Certificates and Policies

Contract, Section H.1.C

Contract Specialist and Program Coordinator

Upon receipt Crime Laboratory accreditation

Contract, Section C.5.B

Contract Specialist and Program Coordinator

Upon receipt Forensic Analysis licensure

Contract, Section C.5.B

OTHER

Contract Specialist and Program Coordinator

Upon receipt TX-RAMP certification Contract, Section C.3.K

Contract Specialist Each instance Copy of each subcontract

Contract, Section H.2.B and H.2.D

Program Coordinator Within 30 Days of audit

Audit Reports Contract, Section E.4.A

Program Coordinator Within 7 Days of issuance

Audit Responses Contract, Section E.4.B

Program Coordinator Within 180 Days after receipt

Forensic Analysis and Physical Evidence

Results

Contract, Section C.3.G

696-IG-26-P034 Section E

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

A. The Department and other government regulatory agencies have the right to inspect and test all Services called for by this Contract, to the extent practicable at all times and places during the Contract Term. The Department shall perform inspections in a manner that will not unduly interfere with the Contractor’s performance of Services.

The Contractor shall furnish, and shall require subcontractors to furnish, at no increase in the Contract price, all reasonable assistance for the safe and convenient performance of these duties.

B. From time to time the Department shall, subject to limitations provided by law with respect to rights of privacy, have the right to reasonably prompt access and to examine all records of the Contractor related specifically to the Services, including financial records, employee records (including time and attendance records), and any and all records and documents generated by the Contractor and its subcontractors in connection with the performance of this Contract.

C. If subject to the outcome of an audit or inspection, it is determined that the Contractor is in non-compliance with any provisions of this Contract, and/or that money is owed to the Department by the Contractor, then the Department may exercise its rights of recovery of money owed as authorized in Section G.4.4 of this Contract.

1. If any of the Services are non-compliant with this Contract’s requirements, as identified by the Department, the Contractor shall be notified with the notice describing the specific areas of non-compliance. The Contractor shall have a 20- Day period to file a written response detailing corrective action(s) taken to address all items of non-compliance. The response must include supporting documentation which verifies execution of corrective action(s) taken. Unless otherwise specified, or previously agreed to by the Department, the submission of a corrective action plan shall not be accepted as corrective action.

2. For all items of non-compliance satisfactorily resolved by agreement between the Contractor and the Department, no further action regarding such items shall be taken. Any areas of non-compliance shall be corrected within 20 Days or by the date of the Department approved extension.

3. If any of the Services are non-compliant with this Contract’s requirements, as identified by a government regulatory agency, the Contractor must resolve all items identified as non-compliant by the deadline established by the government regulatory agency.

E.2 INSPECTION BY STATE EMPLOYEES

The Contractor shall allow at all times employees/agents of the TBCJ, the Department, the Governor, members of the Legislature, and all other members of the Executive and Judicial Departments of the State, as well as any other persons designated by the Department, to monitor the delivery of Services.

696-IG-26-P034 Section E

E.3 MONITORING CRITERIA

A. The Department shall devise its own procedures for monitoring the quality of the Contractor’s performance under this Contract, all court orders, and Department policies.

B. The Contractor shall cooperate fully with the Department in obtaining the requisite information needed to complete such audits and to assess the quality of the Contractor’s performance.

C. Monitoring may include, but is not limited to, document reviews and on-site audits conducted by Authorized Representatives of the Department. Such monitoring by the Department shall not relieve the Contractor of any of its obligations under this Contract.

D. The Program Coordinator and other Department staff shall provide written findings regarding non-compliant conditions, processes, procedures, and observations that could, if not addressed by the Contractor, become an item of non-compliance as described in Section E.1.

E.4 AUDITS BY OTHER AGENCIES

A. Upon receipt of audits or monitoring reports pertaining to the provision of Services under this Contract that are conducted by agencies or entities other than the Department, the Contractor shall provide copies thereof to the Department within 30 Days.

B. The Contractor shall provide to the Department copies of responses to audits and/or monitoring reports within seven Days of issuance. Audits or monitoring reports may include allegations or complaints involving program operations, or the Contractor and its employees (including consultants, independent contractors and their employees, agents, and volunteer workers).

C. The Contractor shall retain all original audits and monitoring reports conducted by other agencies. These records shall be maintained in accordance with the Department’s Record Retention Schedule. If those records are still in their retention period at the termination of this Contract, all originals shall be physically transferred to the Department.

E.5 FRAUD, WASTE, OR ABUSE

A. In accordance with Texas Government Code, Chapter 321, the State Auditor’s Office (SAO) is authorized to investigate specific acts or allegations of impropriety, malfeasance or nonfeasance, in the obligation, expenditure, receipt or use of State funds.

B. If there is a reasonable cause to believe that fraud, waste, or abuse has occurred at the Department, it can be reported to the SAO by calling 1-800-892-8348 or at the SAO’s website at https://sao.texas.gov. It can also be reported to the TDCJ Office of the Inspector General at 1-866-372-8329, the TDCJ Internal Audit Division at 936-437-7100, or Crime Stoppers at 1-800-832-8477.

696-IG-26-P034 Section F

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

The Contract Term will consist of a one-year Base Period. This Contract may be renewed per Section F.2, Option to Renew this Contract, for four one-year Option Periods:

Base Period September 1, 2026 through August 31, 2027 Option Period One September 1, 2027 through August 31, 2028 Option Period Two September 1, 2028 through August 31, 2029 Option Period Three September 1, 2029 through August 31, 2030 Option Period Four September 1, 2030 through August 31, 2031

F.2 OPTION TO RENEW THIS CONTRACT

A. The Department may, at its sole discretion, issue a unilateral modification to renew this Contract for the Option Period(s), provided the Department gives the Contractor a preliminary written notice of its intent to renew at least 60 Days before this Contract expires.

B. If a preliminary written notice has not been provided to the Contractor at least 60 Days before this Contract expires, a modification to renew this Contract for the Option Period shall be mutually agreed to by both parties and executed in writing with the authorized signatures.

C. The preliminary notice does not commit the Department to the renewal period(s).

D. If the Department exercises this option, the renewal shall include this option provision.

E. The Department may exercise its option to renew Services for a potential Contract duration of five years.

F.3 OPTION TO EXTEND SERVICES

A. The Department may require continued performance of any Services within the limits and at the rates specified in this Contract, for the purpose of re-advertising the Service, awarding a new contract, or transitioning to a new contract.

B. The Department may exercise this extension of Services for a maximum of six months.

C. Any extension made pursuant to this Section shall comply with the General Appropriations Act applicable to the Base Period of this Contract.

696-IG-26-P034 Section G

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contract Specialist will make their full text available.

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, CONTRACT SPECIALIST,

PROGRAM COORDINATOR AND PROGRAM DIRECTOR

G.2.1 Authorized Representative

A. In the case of the Contractor, its President or any Vice President, or designated senior management personnel, shall designate an Authorized Representative in writing. The designation of the Contractor’s initial Authorized Representative shall be delivered to the Department no later than the effective date of this Contract. The Contractor’s Authorized Representative may designate other persons to assist such Authorized Representative in the performance of certain obligations required by this Contract.

B. In the case of the Department, the Executive Director is hereby designated as its Authorized Representative and has authorized the Chief Financial Officer to act on his/her behalf on matters requiring signature approval of the Authorized Representative. The TDCJ-OIG Director has been designated as the Authorized Representative on all matters pertaining to the management of the Services and in compliance with this Contract. The Department’s Authorized Representatives may designate other persons to assist such Authorized Representatives in the performance of certain obligations of this Contract.

C. At any time, any party may designate any person as its Authorized Representative by delivering to the other party a written designation signed, if on behalf of the Contractor, by its President, or any Vice President or designated senior management personnel, or if on behalf of the Department, by the Executive Director or his/her designee. Such designations shall remain effective until new written instruments are filed with, or such notice is given to the other party that such designations have been revoked.

D. The Department’s Authorized Representative (the Executive Director), or his/her designated representative, is the only person authorized to make or approve changes in any of the requirements of this Contract, and notwithstanding any clauses contained elsewhere in this Contract, the said authority remains solely with the Executive Director or his/her designated representative. In the event the Contractor makes any change at the direction of any person other than the Executive Director or his/her designated representative, the change will be considered to have been made without authority and no adjustment will be made in the Contract price to cover any increase in cost incurred as a result thereof.

G.2.2 Contract Specialist

A. The Contract Specialist for administration of this Contract is Courtney Grozinger.

B. The telephone number for the Contract Specialist is (936) 437-3875.

C. The email address for the Contract Specialist is courtney.grozinger@tdcj.texas.gov.

D. The Contract Specialist is responsible for general administration of this Contract, negotiation of any changes, and final issuance of written changes/modifications to this Contract. All requests by the Contractor to modify this Contract shall be made in writing to the Contract Specialist with a copy submitted to the Program Coordinator.

G.2.3 Program Coordinator

A. The Program Coordinator for this Contract is Tracey B. Smith.

B. The telephone number for the Program Coordinator is (936) 437-5130.

C. The email address for the Program Coordinator is tracey.b.smith@tdcj.texas.gov.

D. The Program Coordinator is not authorized to make any representations or commitments of any kind on behalf of the Department’s Authorized Representative as described in Section G.2.1.

E. The Program Coordinator does not have the authority to alter the Contractor’s obligations or to change specifications, cost(s), terms, or conditions.

G.2.4 Program Director

The Contractor shall provide, a Program Director for this Contract who shall be responsible for the overall management and coordination of this Contract and shall act as the central point of contact with the Department. The Program Director shall have full authority to act for the Contractor in the performance of the required Services. The Program Director or a designated representative shall meet with the Program Coordinator to discuss problems as they occur.

G.3 INVOICE REQUIREMENTS

A. The Contractor shall invoice the Department for each calendar month, one calendar month in arrears for the amount due for Services, and the Department shall pay such invoice within 30 Days after receipt of an accurate Contractor’s invoice and supporting documentation. The Contractor may offer a prompt payment discount, for example, of 1%-15 Days (refer to the Prompt Payment Block on the Contract Award Page) if the Contractor desires expedited Payments. Prompt payment discounts and payment terms must be stated on each invoice.

B. Invoices will be processed in accordance with Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter F, Division I, Rule §20.487, Invoicing Standards.

1. The Department must notify the Contractor of an error or disputed amount in an invoice submitted for payment no later than the 21st Day after the Department received the invoice and shall include in such notice a detailed statement of the amount of the invoice which is disputed.

2. The Department may request payment for an invoice from the Texas Comptroller of Public Accounts only after the Department has:

a. Received, inspected, and accepted delivery of goods or Services covered by the invoice; and

b. Received and accepted a complete and accurate invoice.

C. The Contractor’s monthly invoice shall include the following information:

1. Name of business, remittance address, email address, telephone number, point of contact, and invoice date.

2. Department’s name, agency number (696), and program location;

3. Contract number;

4. Valid Texas identification number;

5. OIG incident number;

6. The Contractor’s laboratory tracking number;

7. Description, prices, and quantity of Services rendered; and

8. Prompt payment discount.

D. Services or expenditures submitted by the Contractor that cannot be verified will be disallowed for reimbursement. Illegible or incomplete documentation, which cannot be verified, will be disallowed for reimbursement.

E. Monthly invoices shall be submitted to the office designated below or electronically no later than the fifth Working Day after the end of the preceding month:

TDCJ-Office of the Inspector General Attention: Tracey B. Smith 1012 Veterans Memorial Parkway Huntsville, Texas 77320 Phone: 936-437-5130 Email: oig-budget@tdcj.texas.gov

G.4 PAYMENTS

A. It is recommended that the Contractor receive Payments via Electronic Funds Transfer (EFT), also known as direct deposit.

B. Regardless as to whether direct deposit is chosen, upon Contract award the Contractor shall submit a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form to the following address:

Texas Department of Criminal Justice Attention: Accounts Payable P.O. Box 4018 Huntsville, Texas 77342-4018

C. The form and instructions can be found at the following link on the TDCJ website:

https://www.tdcj.texas.gov/divisions/bfd/acct_accts_pay.html.

D. If the Contractor has previously submitted a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form to the Department for another separate contract, another form is not required to be submitted.

E. Payment is to be made monthly by the Department to the Contractor after all Services are rendered and invoices with required reports have been submitted accurately and completely.

F. Partial Payments may be made when the amount of the invoice is sufficient, in the opinion of the Department, to justify processing the Payment.

G.4.1 Payment Adjustment

A. The Department may elect to deduct from its monthly Contractor Payment as specified in Section G.4.4, any amount specified in Section C, Exhibit J.3, Compliance Standards or any money determined to be due as specified under Section E.1.

B. If it is determined the monthly Contractor Payment is not adequate to cover the money due to the Department, then all monthly Contractor Payments shall be withheld, and an invoice issued to the Contractor for the amount due.

C. The Contractor shall be responsible to pay the invoiced amount within 30 Days of receipt unless the Contractor and the Department mutually agree on an alternative Payment method.

G.4.2 Late Payment

Any amount owed to the Contractor more than one Day beyond the date such amount is due as described in Section G.3 hereof shall accrue interest each Day that such amount is not paid at the rate specified by Texas Government Code, Section 2251.025, provided, however, that this provision shall not excuse failure by the Department to make Payment in strict accordance with this Contract.

G.4.3 Deductions for Unacceptable Compliance Standards

A. Compliance Standards and deductions are listed in Exhibit J.3 of this Contract.

B. The Contractor’s failure to meet the listed Compliance Standards shall result in a deduction to the monthly Contractor Payment.

G.4.4 Withholding of Payment

A. The Department shall have the right to withhold the monthly Contractor Payment until the failures described below have been corrected:

1. Failure to submit documents as required in Sections C and D;

2. Failure to respond to audit reports as required in Section E.1; and

3. Failure to correct identified areas of non-compliance to the satisfaction of the

Department within 20 Days upon receipt of written notification.

B. The Contractor agrees that the Department shall not pay interest to the Contractor for monies so withheld.

C. The monthly Contractor Payment withheld shall be released upon the Department’s satisfaction that compliance has been achieved for 30 consecutive Days.

D. Except for disputed issues, such withholding of final Payment by the Department shall not exceed 120 Days from the date of Contract termination.

G.4.5 Right to Offset

In the event the Department determines that the Contractor owes money to the Department under any contract or purchase order, the Department, upon providing the Contractor with written notice of its intent to offset, shall have the right to withhold monies due to the Contractor with respect to this Contract or purchase order or with respect to any contract or purchase order with the Department and apply such monies to the money due to the Department.

696-IG-26-P034 Section H

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

A. Prior to the approval of this Contract by the Department, the Contractor shall procure, pay for, and maintain the following insurance written by companies approved by the State of Texas and acceptable to the Department. It is recommended that coverage be with a company or companies having both, a Financial Strength Rating of “A” or better and Financial Size Category Class of “VII” or better from A.M. Best Company, Inc.

B. The insurance shall be evidenced by delivery to the Department of certificates of insurance executed by the insurer or its authorized agent stating coverage, limits, expiration dates and compliance with all applicable required provisions.

C. Upon request, the Department shall receive, without expense, copies of the policies and all endorsements. Copies and changes to the initial insurance policies, including extensions, renewals, cancellations, and revisions shall be submitted to the Contract Specialist within 30 Days of the effective date.

D. Subject to the Contractor’s right to maintain reasonable deductibles, the Contractor shall obtain and maintain in full force and effect for the duration of this Contract and any extension hereof, at the Contractor’s sole expense, insurance coverage in the following type(s) and amounts:

1. Workers' Compensation with statutory limits; Employers Liability with minimum limits for bodily injury:

a. By accident, $500,000 per accident; and

b. By disease, $500,000 per employee with a per policy aggregate of $500,000.

2. Commercial General Liability Insurance including, but not limited to, Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors, and Contractual Liability with minimum combined bodily injury (including death) and property damage limits of $1,000,000 per occurrence, and $2,000,000 general aggregate.

a. Civil Rights Liability must be provided with the same liability limits. It may be included with the General Liability policy or written on a separate policy.

b. The Department shall be named as an additional insured by using endorsement CG2026 or broader.

3. Professional Liability (including Errors and Omissions) including coverage for the rendering of, or failure to render, professional services with minimum limits of $1,000,000 per occurrence, $2,000,000 annual aggregate.

4. Commercial Crime Insurance to cover losses from Employee Dishonesty with a minimum limit of $1,000,000 each occurrence endorsed to cover third party property. The Department must be a joint loss payee.

5. Cybersecurity Insurance to cover liability incurred by data security breaches, theft, dissemination, and/or use of personal or confidential information, with a limit of $1,000,000.

NOTE: If the insurance described above is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than 60 months following completion of this Contract and acceptance by the Department. Coverage, including any renewals, shall have the same retroactive date as the original policy applicable to this Contract.

H.1.1 Required Provisions

The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, the following required provisions:

A. Name the Department and its officers, employees, and elected representatives as additional insured to all applicable coverages, except Workers’ Compensation and Professional Liability.

B. Waive subrogation against the Department, its officers, employees, and elected representatives for bodily injury (including death), property damage or any other loss, to all applicable coverages.

C. Provide that the Contractor’s insurance is the primary insurance regarding the

Department, its officers, employees, and elected representatives.

D. Provide that all provisions of this Contract concerning liability, duty, and standard of care, together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

E. Ensure that all certificates of insurance identify the Service or product being provided and the name of the responsible party.

F. The Contractor, through an insurance agent licensed by the State of Texas, shall obtain all insurance coverage and an insurance company licensed to issue such coverage in this State shall provide such coverage. No “self-insurance” coverage shall be acceptable.

G. All insurance coverage obtained by the Contractor shall continue in full force and effect during the Contract Term. No contract shall be entered into between the Contractor and the Department unless insurance coverage binders are received by the date scheduled for the execution of this Contract. Proof of insurance policies must be delivered prior to the Service Commencement Date.

H. The Contractor may choose the amount of deductible for any other insurance coverage required (above) to be obtained by the Contractor, but in no event shall such deductible for each occurrence exceed 5% of the required yearly aggregate limit of coverage.

I. The Contractor is responsible for the first dollar defense coverage. All General Liability and Professional Liability policies shall provide defense in addition to the policy limits.

J. The limits required herein are minimum acceptable. However, these limits are not to be construed as being the maximum any prospective contractor may wish to purchase for their own benefit.

K. With respect to the total limits of liability required, any combination of primary and/or umbrella coverage may satisfy those totals. However, if an umbrella is used, coverage must be at least as broad as the primary coverage.

H.2 SUBCONTRACTING (IF APPLICABLE)

See page 2 of this Solicitation regarding subcontracting opportunities.

A. The Contractor may subcontract for the performance of any of its responsibilities to provide Services pursuant to this Contract.

B. No subcontract may be entered into unless the Department provides prior written approval, which approval may not be unreasonably withheld.

C. If a subcontractor is deemed to be needed for an event of an emergency nature, verbal approval may be obtained through an Authorized Department Representative. The Contractor shall submit a written request with supporting documentation for approval, by the Department, as soon as possible.

D. The Contractor shall furnish to the Department copies of all subcontracts, without regard to the amount of annual payments.

E. Any arrangement by the Contractor with an affiliate or member company to provide

Services for this Contract shall be subject to the subcontractor provisions of this Section.

F. No contractual relationship shall exist between the Department and any subcontractor, and the Department shall accept no responsibility whatsoever for the conduct, actions, or omissions of any subcontractor selected by the Contractor.

G. The Contractor shall be responsible for the management of the subcontractors in the performance of their work.

H. A subcontractor may not work directly with the Department in any manner and shall not be included in Contract negotiations, renewals, audits, or any other discussions except at the request of the Department.

I. Unless waived in writing by the Department, the subcontract shall contain the following:

1. An acknowledgement that the subcontract is subject to this Contract between the Department and the Contractor (the “Master Contract”).

2. The subcontractor shall agree to comply with the terms of the Master Contract to the extent applicable with respect to goods and Services being provided under the subcontract.