4-HARRIS HEALTH GENERAL REQUIREMENTS.pdf

Revised: 12/11/24

HARRIS HEALTH

GENERAL REQUIREMENTS FOR PROPOSALS

READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. BY SUBMITTING A PROPOSAL

BASED ON THIS REQUEST, YOU (THE “OFFEROR”) ARE RESPONSIBLE FOR FULFILLING ALL

REQUIREMENTS AND SPECIFICATIONS.

1. ACCESS TO RECORDS

Offeror may be required to allow duly authorized representatives of Harris Health or the state and federal government access to contracts, books, documents, and records necessary to verify the nature and extent of the cost of services provided by offeror. Offeror must keep records within Harris County or note in proposal that records will be available within the boundaries of Harris County to those representatives within twenty-four (24) hours of request by Harris Health.

2. ACH VENDOR PAYMENT (Automated Clearinghouse) Harris Health offers ACH offeror payment services for all offerors providing products or services.

Instructions and authorization agreement forms are provided to offerors of Harris Health as part of the new offeror registration process.

3. ADDENDA

When revisions to specifications, the General or Special Requirements, or any other document contained within this request are necessary, Harris Health will issue an addendum addressing the nature of the change. Offerors are to acknowledge receipt of the addendum in the returned proposal package. Failure to acknowledge receipt of an addendum may result in a proposal being rejected.

4. ANTI-BOYCOTT PROVISIONS

By submitting a proposal in response to this request, and if offeror’s proposal is in excess of $100,000.00, offeror certifies that it is not in violation of the following anti-boycott provisions of the Texas Government Code:

A. Section 2276.002 of the Texas Government Code (relating to prohibition on contracts with companies that discriminate against energy companies). Offeror represents and warrants that: (1) it does not, and shall not for the duration of the contract, boycott an energy company. The term “boycott energy company” is defined by Texas Government Code, Section 809.001(1), as refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by clause (A).

B. In accordance with Section 2272.002 of the Texas Government Code (relating to prohibition on contracts with companies that discriminate against firearm and ammunition industries). Offeror warrants and represents that: (1) it does not, and shall not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If the circumstances relevant to this provision change during the course of the contract, offeror shall promptly notify Harris Health.

C. In accordance with Chapters 808 and 2271 of the Texas Government Code, if offeror employs 10 or more full-time employees, offeror warrants and represents that it does not boycott Israel and shall not boycott Israel during the term of this contract. “Boycott Israel” is defined as a refusal to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with an individual or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action taken for ordinary business purposes.

5. ASSIGNMENT

Neither party may assign, delegate, and/or otherwise transfer a fully executed contract or its rights and obligations hereunder without the prior written consent of the other party. Notwithstanding the foregoing, the contract may be unilaterally assigned by Harris Health to a successor governmental entity, if such entity is authorized by law to be merged with or supplant the functions of Harris Health.

6. AWARD

Harris Health reserves the right to make an award on the basis of BEST VALUE in accordance with the solicitation document and the laws of the State of Texas, to waive any formality or irregularity in the offeror’s proposal, to make awards to more than one vendor, or to reject any or all proposals. Any or all proposals may be rejected if Harris Health believes that collusion exists among the offerors. Harris Health may award by total, by group, by item or as best serves Harris Health.

7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY

EXCLUSION

The offeror certifies by submitting its proposal that it is not ineligible for participation in federal or state assistance programs under Executive Order 12549, "Debarment and Suspension." Additionally, offeror warrants and represents by execution of this contract that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any Federal programs, including but not limited to the following: Department of Health and Human Work (DHHS), Office of Inspector General (OIG) - List of Excluded Individuals & Entities (LEIE); U.S. General Work Administration (GSA) – Excluded Parties List System (EPLS); All States (50) Health & Human Work Commission Medicaid OIG Sanction List;

Government Terrorist Watch List (OFAC / Patriot Act); Department of Commerce, Bureau of Industry and Security, Denied Persons List; and Department of Homeland Security, Immigration and Customs Enforcement (ICE) Most Wanted. The offeror further agrees to include this certification in all contracts between itself and any subcontractors in connection with the services performed under this contract.

Offeror also certifies that offeror will notify Harris Health in writing immediately if offeror is not in compliance with Executive Order 12549 during the term of this contract. Offeror agrees to refund Harris Health for any payments made to the offeror while ineligible.

8. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS

A. The offeror shall follow all federal, state, and local laws, rules, codes, ordinances, and regulations applicable to the offeror’s Services.

B. Pursuant to Chapter 2252, Texas Government Code, the offeror represents and certifies that, at the time of execution of this contract neither the offeror, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same (i) engages in business with Iran, Sudan, or any foreign terrorist organization as described in Chapter 2270 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code, or (ii) is a company listed by the Texas Comptroller of Public Accounts under Sections 2270.0201 or 2252.153 of the Texas Government Code. The term "foreign terrorist organization" in this paragraph has the meaning assigned to such term in Section

2252.151 of the Texas Government Code.

C. The offeror warrants and represents that it will pay all its workers all monies earned by its workers including but not limited to regular wages, any overtime compensation, or any additional payments pursuant to the Fair Labor Standards Act, 29 U.S.C. Section 207 9a(1), as amended, the Texas Pay Day Act, the Equal Pay Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, et al., as amended, or any provisions of the Texas Labor Code Ann., as amended.

9. CONTRACT TRANSITION

In the event services end by either contract expiration or termination, it shall be required that the offeror continue services if requested by Harris Health, until new services can be completely operational. The offeror acknowledges its responsibility to cooperate fully with the replacement offeror and Harris Health to ensure a smooth and timely transition to the replacement offeror. Such transitional period shall not extend more than ninety (90) days beyond the expiration/termination date of the contract, or any extension thereof. The offeror shall be reimbursed for services during the transitional period at the rate in effect when the transitional period clause is invoked by Harris Health. During any transition period, all other terms and conditions of the contract shall remain in full force and effect as originally written and subsequently amended.

10. CONTRACTED PERSONNEL REQUIREMENTS

If Offeror is awarded a contract, it will be required to obtain a criminal background history report on each individual who may enter or have access to areas where patients are located in Harris Health facilities.

Offeror shall release such criminal background history information to Harris Health, in accordance with TEX. GOV’T CODE. §§ 411.135, 411.136, as amended, so that Harris Health can determine whether a person with a criminal background is unqualified or unsuitable for assignment in Harris Health facilities.

By submitting a proposal, Offeror certifies that it will comply with Harris Health’s Vaccine Preventable Disease Policy, if applicable. This policy includes immunization requirements for individuals who provide direct patient care, as required by Title 25, Chapter 97 of the Texas Administrative Code (“TAC”), as amended, and for individuals who have the potential to be exposed to infectious materials, such as medical supplies and equipment.

11. E-MAIL ADDRESSES CONSENT

Offeror acknowledges that any e-mail addresses that are provided to Harris Health in connection with this proposal are subject to public disclosure under TEX. GOV’T CODE §552.137, as amended. This section authorizes the disclosure of all e-mail addresses provided by the offeror, its employees, officers, and agents acting on the offeror’s behalf and shall apply to any e-mail address provided in any form for any reason whether related to the proposal or otherwise.

12. FISCAL FUNDING

A multi-year contract may include a fiscal funding out provision. If, for any reason, funds are not appropriated by Harris Health in their sole discretion to continue the contract, the contract may become null and void on the last day of the current appropriation of funds. After expiration of the contract, leased equipment (if applicable) shall be removed by the offeror from Harris Health without penalty of any kind or form to Harris Health. All charges and physical activity related to delivery, installation, removal and redelivery shall be the responsibility of the offeror.

13. GOVERNING FORMS

In the event of any conflict of interpretation of any part of this overall document, Harris Health's interpretation shall govern.

14. GOVERNING LAW

Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas. Forum for contractual issues shall be in Texas and venue shall be exclusively in Houston, Harris County, Texas, in a federal or state court of competent jurisdiction. Harris Health does not agree to binding arbitration and does not waive its right to a jury trial.

15. HARRIS HEALTH POLICIES

By submitting its proposal, offeror represents and warrants that any individuals, employees, agents or subcontractors of offeror who may perform services under a contract with Harris Health will comply with Harris Health’s Code of Conduct and additional policies located online at https://www.harrishealth.org/other/vendor-relations. Vendor is responsible for checking the Harris Health website on a quarterly basis and for ensuring that its personnel comply with the policies in effect at the time they will perform work.

16. INSPECTIONS & TESTING

Harris Health reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department.

17. LIABILITY; SOVEREIGN IMMUNITY

Harris Health’s liability for the wrongful acts, omissions, or negligence of its employees is limited by the Texas Tort Claims Act, TEX. CIV. PRAC. & REM. CODE ANN. §§ 101.001 et seq., as amended. No term or provision of these General Requirements or any eventual contract shall extend Harris Health's liability beyond the liability provided in the Texas Tort Claims Act or the Constitution and the laws of the State of Texas. BY SUBMITTING A PROPOSAL, OFFEROR EXPRESSLY AGREES THAT NO PROVISION OF THESE GENERAL REQUIREMENTS ARE IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY HARRIS HEALTH OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT HARRIS HEALTH MAY HAVE BY OPERATION OF LAW.

18. M/WBE UTILIZATION

Offeror shall comply with the terms of Harris Health’s M/WBE Policy and with the M/WBE Utilization Plan and reporting requirements established by Harris Health. Offeror understands that its failure to meet the published utilization goal may result in the rejection of offeror’s proposal, in Harris Health’s sole discretion.

19. NAME BRANDS

Specifications may reference name brands and model numbers. It is not the intent of Harris Health to restrict requests in such cases, but to establish a desired quality level of merchandise or to meet a pre-established standard due to similarly existing items. Offerors may offer items of equal stature and the burden of proof of such stature rests with offerors. Harris Health shall act as sole judge in determining equality and acceptability of products offered.

20. NONDISCRIMINATION

Offeror represents and warrants that in the performance of any contract that it may be awarded as a result of this procurement, it will not discriminate or permit discrimination against any person or group of persons on the grounds of sex (including gender identity, sexual orientation and pregnancy), age, race, color, religion, disability, genetic information, or national origin in any manner prohibited by the laws of the United States.

21. POTENTIAL CONFLICTS OF INTEREST

A. An offeror is prohibited from submitting a proposal for this solicitation if the offeror was a designer or other previous contributor for the specifications, or was an affiliate, subsidiary, joint venturer or was in any other manner associated by ownership to any party that was a designer or other previous contributor (a “Prohibited Proposal”). If such a consultant or vendor submits a Prohibited Proposal, that proposal shall be disqualified on the basis of conflict of interest, no matter when the conflict is discovered by Harris Health.

B. Offerors are advised and, by virtue of their submission of a proposal, certify that they are familiar with the disclosure requirements contained in Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with Harris Health to disclose any gifts, investments, financial involvement or remuneration of any kind that is valued in excess of $250 and provided to any individual employed by or representing Harris Health in any capacity, including consultants and agents under contract with Harris Health (a “Harris Health Official”) or the Harris Health Official’s family member, or employment of any Harris Health Official or the Harris Health Official’s family member during the preceding twelve (12) month period.

C. The offeror shall not directly or indirectly pay any person for influencing or attempting to influence any public employee or official in connection with the awarding of any contract or the extension, continuation, renewal, amendment or modification of any contract.

22. PROTESTS

Any interested party having a direct economic interest in the outcome of a procurement, where economic interest means the party’s business is adversely affected by the award of a Contract to a different Offeror, may protest the award and appeal any adverse decision.

23. PURCHASE ORDER AND DELIVERY

The successful offeror shall not deliver products or provide services without a Harris Health purchase order, signed by an authorized agent of the Harris Health Purchasing Department. All items shall be shipped F.O.B. INSIDE DELIVERY unless otherwise agreed upon by Harris Health. This shall include bringing merchandise to the appropriate room or place designated by Harris Health.

24. RELATIONSHIP OF PARTIES

Offeror is an independent contractor, and neither it, nor its employees or agents, shall be considered an employee, agent, partner, or representative of Harris Health for any purpose. Offeror shall furnish all equipment, materials, and tools, including software, necessary for the completion of its obligations at no additional charge to Harris Health.

25. SILENCE OF SPECIFICATIONS

The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the highest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under any contract resulting from this procurement shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship.

26. SUBMISSION OF MULTIPLE PROPOSALS

If multiple proposals are submitted by a offeror and after the proposals are opened, if one of the proposals is withdrawn, the result will be that all of the proposals submitted by that offeror will be withdrawn;

however, nothing herein prohibits a offeror from submitting multiple proposals - for different products or services.

27. SUPPLEMENTAL MATERIALS

Offerors are responsible for including all pertinent product data in the returned proposal package, including but not limited to any service or maintenance data related to the product. Literature, brochures, data sheets, specification information, and any other facts which may affect the evaluation and subsequent contract award should be included. Where there is no contractual template attached to this RFP, contractual agreements that the offeror wishes to utilize must also be in the returned proposal package.

The offeror shall furnish all data pertinent to warranties or guarantees which may apply to items in the proposal. Offerors may not limit or exclude any implied warranties. Offeror warrants that product sold to Harris Health shall conform to the standards established by the U.S. Food and Drug Administration, if applicable. In the event product does not conform to FDA’s Standards, where applicable, Harris Health may return the product for correction or replacement at the offeror's expense. If offeror fails to make the appropriate correction within a reasonable time, Harris Health may correct at the offeror's expense.

28. SURRENDER OF WORK PRODUCT

All intellectual property rights associated with any ideas, techniques, inventions, processes, or works of authorship developed or created by offeror or its personnel during the course of performing services, whether solely or jointly with Harris Health, (collectively the “Work Product”) shall be surrendered to Harris Health immediately upon completion of the contract, or within five (5) business days of Harris Health’s request. Offeror acknowledges that such Work Product shall be considered a "work made for hire" within the meaning of Title 17 of the United States Code.

29. TAXES

Harris Health is exempt from all federal, state and local excise taxes unless otherwise stated in this document. Harris Health claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended, and from local ad valorem property taxes under TEX. Tax Code §11.11. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Harris County Purchasing Agent.

30. TERM

If the contract is intended to cover a specific time period, the contract term will be stated in the solicitation document.

31. TERMINATION FOR LACK OF APPROPRIATIONS

In the event all funds appropriated for the contract are depleted, Harris Health may terminate the contract, and Harris Health shall have no further obligation to offeror. Offeror expressly acknowledges and agrees that Harris Health shall not be subject to any early termination fees or penalty for a termination resulting from this section.

32. TEXAS PUBLIC INFORMATION ACT (TPIA) AND CONFIDENTIAL INFORMATION

A. TPIA Acknowledgement. Offeror acknowledges that Harris Health is a governmental entity subject to the Texas Public Information Act, TEX. GOV’T CODE ANN., Chapter 552 et seq., as amended. Offeror also acknowledges that Harris Health shall comply with the Texas Public Information Act and with all opinions of the Texas Attorney General’s Office concerning the Texas Public Information Act.

B. Release of Information. Harris Health, its officers, employees, agents, and representatives may request advice, decisions, and opinions of the Attorney General of the State of Texas in regards to the application of the Texas Public Information Act to any information, or any part thereof, furnished to Harris Health and/or whether or not the same are available to the public. Offeror hereby releases Harris Health, its officers, employees, agents, and representatives from any liability it may have to offeror for the disclosure to the public of any information furnished to Harris Health by offeror in reliance on any advice, decision, or opinion of the Attorney General of the State of Texas.

33. TIMING OF PAYMENT

Pursuant to TEX. GOV’T CODE ANN. §2251.021(b), payments by Harris Health to offeror shall be overdue on the 46th day after Harris Health receives an invoice for Services from offeror, and bears interest at the rate specified in Section 2251.025(b) of such Code.

34. TITLE TRANSFER

Title and risk of loss of products shall not pass to Harris Health until Harris Health actually receives and takes possession of the products at the point or points of delivery.

35. VENDORS OWING TAXES OR OTHER DEBTS

Pursuant to TEX LOC. GOV’T CODE § 262.0276, Harris Health may refuse to enter into a contract with an offeror indebted to Harris Health as of the date proposals are due. Offerors with delinquent taxes on the due date will not be eligible for award. If, during the performance of the contract, an offeror’s taxes become delinquent or offeror becomes otherwise indebted to Harris Health or Harris County, Harris Health reserves the right to provide notice to the Auditor or Treasurer pursuant to Texas Local Government Code Section 154.045. Whether or not an offeror’s taxes are delinquent will be determined by an internal review of the Harris County Tax Office records. Prior to submitting an offer, offerors are encouraged to visit the Tax Office website at www.hctax.net, set up a portfolio of their accounts and make their own initial determination of the status of their tax accounts. Offerors who believe a delinquency is reflected in error must contact the Harris County Tax Office to correct any errors or discrepancies prior to submitting their offer in order to ensure that their offer will be considered.