9-696-PD-26-B031 IFB.pdf

Texas Department of Criminal Justice Bid Cover Page

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

NOTE: THIS PAGE WILL BE REPLACED AT TIME OF AWARD WITH CONTRACT AWARD PAGE.

INVITATION FOR BID (IFB) SOLICITATION INFORMATION

Document Type : 2S Statutory Cite : Texas Government Code, Section 508.316(a)(3)

1) Solicitation Number:

696-PD-26-B031

2) Issue Date: 3) Deadline: September 23, 2026 August 24, 2026 1:00 p.m. CT

4) Points of Contact: Shana Sanders (936) 437-3801 shana.sanders@tdcj.texas.gov Ashley Durdin (936) 437-3842 ashley.durdin@tdcj.texas.gov

5) Type of Solicitation: IFB-Invitation for Bid

6) Solicitation Description

The Texas Department of Criminal Justice requires a Contractor to provide all necessary personnel, equipment, materials, supplies and Services, and otherwise do all things necessary for, or incidental to, providing Sex Offender Clinical Polygraph Examination Services for Clients identified by the Department. Locations may include District Parole Offices, Residential Reentry Centers, and private locations throughout the State of Texas.

BID SUBMISSION

7) Submission Portal: https://tdcj.bonfirehub.com *Reference Section L for complete submission instructions. LATE OR EMAILED BIDS WILL NOT BE ACCEPTED.

BIDDER 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) Tie Bid Preference:

(Section K.3, list all that apply) ______________________________________________________________________

15) Amendments: Sign and submit via Bonfire prior to the deadline.

BIDDER AUTHORITY AND SIGNATURE

16) Point of Contact Name: ______________________ Title: ___________________________

Email address: ______________________________________________ Telephone #: _____________________

17) Authorized Signature: Date:

696-PD-26-B031

SUMMARY OF KEY DATES

August 24, 2026 Issue Solicitation

September 8, 2026 10:00 p.m. CT Deadline for written questions for clarification to the Department (See Section L.1, Discussions, Correspondence, and Amendments to the Solicitation)

September 15, 2026 3:00 p.m. CT Deadline to submit responses to clarification questions to the Department.

September 23, 2026 1:00 p.m. CT Deadline for the Department receipt of Bids.

Late Bids will not be accepted.

Upon Signature of Both Parties

Service Commencement Date

In compliance with Texas Government Code, Section 2161.252, it has been determined there is not a probability of Historically Underutilized Business (HUB) subcontracting opportunities available for this Solicitation and the completion of the HUB Subcontracting Plan will not be required for this Solicitation.

TABLE OF CONTENTS

PAGE

SUMMARY OF KEY DATES

SECTION A – 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.1.3 Estimated Quantities

B.2 PRICING SCHEDULE

B.2.1 Locations B.2.2 Subsidized Pricing B.2.3 Non-Subsidized Pricing

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

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

PROCEDURES, AND LAWS

C.3 LOCATION(S) OF EXAMINATION SITE(S)

C.4 MANDATORY REQUIREMENTS FOR SEX OFFENDER CLINICAL POLYGRAPH

EXAMINERS

C.5 MANDATORY REQUIREMENTS FOR SEX OFFENDER CLINICAL POLYGRAPH

EXAMINATION SERVICES

C.6 OPERATIONAL DEFINITIONS

C.7 CLIENT REFERRAL PROCESS

C.8 SECURITY OF RECORDS AND DISCLOSURE INFORMATION

C.9 DEPARTMENT POLICIES AND PROCEDURES

C.10 PROHIBITED USE OF DEPARTMENT FACILITIES

SECTION D – REQUIRED DOCUMENTS FROM CONTRACTOR

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

E.2 INSPECTION BY STATE EMPLOYEES

E.3 ATTENDANCE AT EXAMINATIONS BY PAROLE AND DEPARTMENT STAFF

E.4 MONITORING CRITERIA

E.5 AUDITS BY OTHER AGENCIES

E.6 FRAUD, WASTE OR ABUSE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

F.2 OPTION TO RENEW THE TERM OF THIS CONTRACT

F.3 OPTION TO EXTEND SERVICES

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

G.2 ROLES AND RESPONSIBILITIES

G.2.1 Authorized Representative G.2.2 Contract Specialist G.2.3 Program Supervisor G.2.4 Program Manager

G.3 INVOICE REQUIREMENTS

G.4 PAYMENTS

G.4.1 Payment Adjustment G.4.2 Late Payment G.4.3 Deductions for Contractor Noncompliance G.4.4 Withholding of Payment G.4.5 Right to Offset G.4.6 Maximum Payments by the Department G.4.7 Co-Payments G.4.8 Subsidy-Ineligible Clients

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

H.1.1 Required Provisions

H.2 SUBCONTRACTORS

H.2.1 Insurance

H.3 CRIMINAL HISTORY INFORMATION COMPLIANCE

H.4 DATA SECURITY, ENCRYPTION, AND BREACH NOTICE

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

H.13 USE OF CONTRACT BY OTHER STATE AGENCIES

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 213

I.18 RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE (STATE OWNERSHIP) ... 45

I.19 FORCE MAJEURE

I.20 NOTICES

I.21 SUBSTITUTIONS

I.22 REQUIRED COOPERATION IN LEGAL MATTERS

SECTION J – LIST OF EXHIBITS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

AND THE DEPARTMENT

K.1 RESERVED FOR FUTURE USE

K.2 FRANCHISE TAX REPRESENTATION

K.3 PREFERENCE CLAIM

K.3.1 Source and Specification Preferences K.3.2 Tie Bid Preferences K.3.3 Additional Preferences

K.4 REPRESENTATIONS OF THE BIDDER

K.4.1 Organization and Qualification K.4.2 Authorization K.4.3 No Violation of Agreements, Articles of Incorporation, or Bylaws K.4.4 Compliance With Laws K.4.5 No Litigation K.4.6 Taxes K.4.7 Financial Statements K.4.8 Disclosure K.4.9 No Collusion K.4.10 Disclosure of Interested Parties K.4.11 Unfair Business Practices K.4.12 Felony Criminal Convictions K.4.13 Notification

K.5 REPRESENTATIONS OF THE DEPARTMENT

K.5.1 Authorization K.5.2 No Violation of Agreements K.5.3 Disclosure

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

L.1 DISCUSSIONS, CORRESPONDENCE, AND AMENDMENTS TO THE SOLICITATION

L.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF BIDS

L.3 SIGNATURES ON BID SUBMITTED

L.4 BID ACCEPTANCE

L.5 CONTRACT AWARD

L.6 RIGHTS OF THE DEPARTMENT

L.7 BID PREPARATION INSTRUCTIONS

L.8 BID SUBMISSION CHECKLIST

L.9 LEGISLATIVE BUDGET BOARD (LBB) POSTING

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 SELECTION PROCESS

M.2 MINIMUM QUALIFICATIONS

696-PD-26-B031 Section A

SECTION A – DEFINITIONS

The following terms used in this Contract shall, unless the context indicates otherwise, have the meanings set forth below, to include 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.

Base Period - the initial period of the Contract Term.

Bid - an offer to contract with the state, submitted in response to an Invitation for Bid (IFB).

Bidder - an individual or entity that submits a Bid, including anyone acting on behalf of the individual or entity, such as an agent, employee or representative.

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.

Contract - the complete and final agreement between the Department and the Contractor, consisting of the Department’s Solicitation and all associated amendments; the successful Bidder’s Bid, including any clarifications, written replies, and any best and final offer (BAFO); and the executed Contract Award Page.

Contractor - the individual, partnership, or corporation who performs Services under this Contract; the successful Bidder who receives a Contract award.

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

Contract Term - the duration of this Contract, as specified in Section F.1, Contract Term.

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, Default and Termination.

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.

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.

Option Period - an optional renewal period of the Contract Term, after the Base Period.

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

PD - 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.

Service - delivery by the Contractor of requirements in accordance with the terms and conditions of this

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

Solicitation - this document requesting Bids from Bidders to provide specified Services.

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

American Polygraph Association (APA) - a professional polygraph organization, that establishes the standards of ethical practices, techniques, instrumentation and research, as well as provides advanced training and continuing education programs for polygraph examinations and examiners.

Child Safety Zone - as required by Texas Government Code, Section 508.187. The Board of Pardons and Parole (BPP) has designated 500 feet as the distance that Sex Offenders must maintain from premises where children commonly gather, including schools, day-care facilities, playgrounds, public or private youth centers, swimming pools, or video arcades. Any area within 500 feet of these types of premises is considered a Child Safety Zone unless the BPP modifies the distance requirements. In accordance with the Texas Code of Criminal Procedure, Article 42A.502, the court may apply Child Safety Zone restrictions to additional Clients if the nature of the offense warrants the establishment of a Child Safety Zone.

Client - a person under supervision or authority of the Department, identified as a Sex Offender, requiring a Sex Offender evaluation, or the Sex Offender identified for participation in the Sex Offender Treatment Program.

Clinical Polygraph Examination (Examination) - the employment of an instrumentation complying with the required minimum standards of the APA and used for the purpose of detecting deception or verifying truth of statements of any Client under supervision and/or treatment for the commission of sex offenses.

The Examination is specifically intended to assist in the treatment and supervision of Sex Offenders.

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

Parole Officer - the Department employee responsible for the supervision of the Client.

Polygraph Examiner - the Contractor or employee of the Contractor conducting Examinations for the purpose of this Contract.

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

Program Supervisor - the TDCJ Specialized Programs employee (Specialized Programs Sex Offender Parole Officer IV) responsible for technical administration of this Contract.

Sex Offender - a Client who is convicted of committing or adjudicated to have committed a sex crime under state or federal law; for an offense that is based on sexually motivated conduct; or has been ordered by the jurisdictional authority to participate in Sex Offender supervision or treatment.

Specialized Programs - the section of the TDCJ Parole Division that administers the Sex Offender Treatment Program.

TDCJ-PD - the Texas Department of Criminal Justice-Parole Division.

Treatment Provider - a person who meets the criteria as established by the Council on Sex Offender Treatment and who is licensed to practice in this State to provide Sex Offender Treatment Services and provide Services for the rehabilitation of Sex Offenders.

696-PD-26-B031 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 Sex Offender Clinical Polygraph Examination Services for Clients identified by the Department. Locations may include District Parole Offices, Residential Reentry Centers, and private locations throughout the State of Texas.

B.1.2 Pricing Instructions

A. The Department anticipates an award of multiple, firm fixed-price Contracts for these Services.

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

C. Bidders shall list all District Parole Offices, Residential Reentry Centers, and/or non- Department (private) locations where Examinations will be conducted in Section B.2.1, Locations.

D. Bidders shall complete pricing for Section B.2.2, Subsidized Pricing, and Section B.2.3, Non-Subsidized Pricing.

B.1.3 Estimated Quantities

The Department will subsidize Examinations for the following:

A. Moderate or low-risk Clients – one per Fiscal Year.

B. High-risk Clients – two per Fiscal Year.

C. Re-Examination (if justified and approved by the Program Supervisor).

B.2 PRICING SCHEDULE

B.2.1 Locations

All Service Locations Proposed (with a Child Safety Zone Certification) (DPOs do not require a Child Safety Zone Certification).

Address:

City, State, Zip Code:

Address:

City, State, Zip Code:

Address:

City, State, Zip Code:

Address:

City, State, Zip Code:

Address:

City, State, Zip Code:

Address:

City, State, Zip Code:

Address:

City, State, Zip Code:

Address:

City, State, Zip Code:

Address:

City, State, Zip Code:

Address:

City, State, Zip Code:

Address:

City, State, Zip Code:

Address:

City, State, Zip Code:

Address:

City, State, Zip Code:

Address:

City, State, Zip Code:

Address:

City, State, Zip Code:

B.2.2 Subsidized Pricing

BASE PERIOD (09/01/2026 – 08/31/2027)

Polygraph Exam $ per Polygraph per Client

Polygraph Re-Exam $ per Polygraph per Client (as needed)

Maximum Co-Payment $ per Polygraph per Exam

OPTION PERIOD ONE (09/01/2027 – 08/31/2028)

OPTION PERIOD TWO (09/01/2028 – 08/31/2029)

OPTION PERIOD THREE (09/01/2029 – 08/31/2030)

OPTION PERIOD FOUR (09/01/2030 – 08/31/2031)

NOTE: The subsidy Payment amount from the Department plus the maximum co-payment from the Client shall not exceed the amount for non-subsidized Examinations.

B.2.3 Non-Subsidized Pricing

BASE PERIOD (09/01/2026 – 08/31/2027)

OPTION PERIOD ONE (09/01/2027 – 08/31/2028)

OPTION PERIOD TWO (09/01/2028 – 08/31/2029)

OPTION PERIOD THREE (09/01/2029 – 08/31/2030)

OPTION PERIOD FOUR (09/01/2030 – 08/31/2031)

NOTE: The subsidy Payment amount from the Department plus the maximum co-payment from the Client shall not exceed the amount for non-subsidized Examinations.

696-PD-26-B031 Section C

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

A. The Department, pursuant to authority by Texas Government Code, Section 508.316(a)(3), requires a Contractor to provide Sex Offender Clinical Polygraph Examination Services throughout the State of Texas.

B. The program goals of the Department are to use limited financial resources to subsidize Examinations for Clients requiring financial assistance in order to facilitate the availability of Examinations, prevent recidivism, and retain qualified Polygraph Examiners. The frequency of Examinations will be determined by Texas Department of Criminal Justice-Parole Division (TDCJ-PD) officials.

C. The Contractor shall provide Services to felony Clients who:

1. have a history of at least one conviction for sexually deviant behavior;

2. have displayed sexually deviant behavior during the commission of any offense resulting in a conviction;

3. have admitted to committing sexually deviant behavior;

4. have requested treatment; or

5. are required by the terms of their supervision to attend treatment or submit to a Sex

Offender evaluation.

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

AND LAWS

A. The Contractor/Polygraph Examiner shall provide Examinations in accordance with applicable state and federal law, including all constitutional, legal and court ordered requirements, whether now in effect or hereinafter effected or implemented. The Contractor/Polygraph Examiner shall comply with the Department’s Policies, safety requirements and reporting procedures, as well as all applicable local and State standards, codes and regulations, including zoning, building, fire, health and sanitation.

B. The Contractor shall adopt and implement policies and procedures necessary to ensure the Services provided pursuant to this Contract comply with the Americans with Disabilities Act, 42 U.S.C.A. 12101-12213 (1990) as amended and the Rehabilitation Act of 1973, 29 U.S.C.A.

701-797b (1973).

C.3 LOCATION(S) OF EXAMINATION SITE(S)

A. Examination scheduling is subject to the mutual availability of Department staff, the Client, the Polygraph Examiner, and the designated testing site.

B. The Contractor/Polygraph Examiner is prohibited from setting a minimum number of

Examinations before traveling to a location or area.

C. Upon written approval, from the Director of Specialized Programs or designee, the Contractor may provide treatment at a TDCJ-PD District Parole Office (DPO) or Residential Reentry

Center. The Director of Specialized Programs or designee can withdraw this approval with 30 Days written notice.

D. Upon unforeseen or unusual incidents, the Contractor may conduct Examinations at locations geographically more convenient for Clients upon written approval from the Director of Specialized Programs or designee.

E. The Contractor shall submit any proposed changes to an Examination location to the Program

Supervisor via email at Specialized_Programs_SO_Program@tdcj.texas.gov. The Contractor must obtain approval from the Director of Specialized Programs prior to the commencement of Services at the new Examination location. All approved changes must be incorporated into this Contract via modification.

F. If an Examination location is determined to be in a Child Safety Zone, the Director of

Specialized Programs will approve the location, or the Contractor will be required to provide Services at an alternative location approved by the Department. The Contractor shall, under no circumstances, provide Services at a location within a Child Safety Zone without prior written approval from the Director of Specialized Programs.

G. In the event Services are provided at a TDCJ-PD DPO, the Contractor shall not use the computers, copiers, or other office equipment under the control of the Department. The Contractor may use space and furniture, such as chairs, to facilitate the Examination. If approved by the office manager, the Contractor may have an area to pick up referral packets and drop off Examination reports.

H. The Contractor shall submit non-Department location addresses annually by September 30.

These addresses will be reviewed to determine whether they are located within a Child Safety Zone, Exhibit J.8, Child Safety Zone Certification, as required by Texas Government Code, Section 508.187.

I. The complete list of DPO’s can be found on the TDCJ website at:

https://www.tdcj.texas.gov/divisions/pd/index.html#Parole.

J. The complete list of Residential Reentry Centers can be found on the TDCJ website at:

https://www.tdcj.texas.gov/divisions/pd/residential_reentry_centers.html.

C.4 MANDATORY REQUIREMENTS FOR SEX OFFENDER CLINICAL POLYGRAPH

EXAMINERS

A. These requirements are recognized by, and consistent with, APA guidelines and shall apply to every Polygraph Examiner who conducts Examinations for Clients under this Contract.

1. Polygraph Examiners must complete a minimum of 40 hours of specialized Sex Offender

Polygraph Examination training. This training must focus on Sex Offender assessment, evaluation, and monitoring.

2. Polygraph Examiners must complete a minimum of 30 hours of specialized continued education every two years following their initial 40-hour qualification. This education must focus on Sex Offender assessment, evaluation, and monitoring, to include topics related to victims and survivors.

3. Upon completion of qualification training, Polygraph Examiners shall have a minimum of two years of documented experience in conducting Examinations.

B. Polygraph Examiners shall maintain a professional and courteous relationship with all Department staff and Clients and shall not engage in non-professional relationships with current or former Clients. Examples of non-professional relationships include but are not limited to: conducting Examinations of family members, close friends, employees, or supervisors; any interactions or contact outside of Examination setting; contracting or subcontracting for work, hiring or paying for, labor or services; or personal relationships outside of the professional environment.

C. The Contractor/Polygraph Examiner shall submit Exhibit J.7, TDCJ-PD Sex Offender

Program, Performance Measures Worksheet, Polygraph Contract and Completion Instructions, to the Program Supervisor by the 30th Day of the month following the end of each Quarter. The Department reserves the right to unilaterally modify these outcome measures as needed with written notice to the Contractor/Polygraph Examiner.

D. The Contractor shall submit a written request to the Department to add Polygraph Examiners.

The request shall include the credentials and proof of training. Services shall not be provided by the new Polygraph Examiner until the Department has provided written approval to the Contractor. The Department will not compensate the Contractor for any Services provided prior to such authorization. The Contractor assumes all financial risk for unauthorized provision of Services.

C.5 MANDATORY REQUIREMENTS FOR SEX OFFENDER CLINICAL POLYGRAPH

EXAMINATION SERVICES

A. The Contractor/Polygraph Examiner shall adhere to the APA Polygraph Examination Standards of Practice.

B. All Examinations shall be video recorded. All recordings shall be retained for a minimum of three years.

C. The Contractor/Polygraph Examiner shall provide a Digital Versatile Disc (DVD) of all video recordings to the Department upon request. DVD is the only acceptable media approved for submission.

D. The Contractor/Polygraph Examiner shall administer an Examination to the Client to assess credibility regarding compliance with the special conditions of supervision and treatment.

Examinations shall be conducted as follows:

1. An instant offense Examination, which covers the sexual offense, shall be conducted within six months of release on supervision for Clients who are in denial.

2. A sexual history disclosure Examination which covers the Client’s lifetime, not including the most current sexual offense, will be conducted within six months of release on supervision for Clients who admit their offense and within nine months of release on supervision for Clients who require an instant offense test.

3. A maintenance or monitoring Examination which covers the time frame from the most current sexual offense to the present time, or from the last Polygraph to present will be conducted after the initial sexual history or instant offense is completed, based on Static-99/Static-99R. Once a Texas Risk Assessment System (TRAS) has been completed, the TRAS level shall be utilized, as follows:

a. High-risk Clients: every six months; and

b. Moderate and low-risk Clients: annually.

E. The Contractor/Polygraph Examiner may waive or reschedule Examinations for the following reasons:

1. Illness of the Contractor/Polygraph Examiner or in the Contractor/Polygraph Examiner’s immediate family.

2. The Contractor/Polygraph Examiner’s vacation (maximum of four weeks per year). If the Contractor/Polygraph Examiner is to be away on vacation for more than two consecutive weeks, the Contractor/Polygraph Examiner shall coordinate the Examination schedules with local Department staff.

3. At the Contractor’s discretion, Examinations may be waived during the following holidays:

New Year’s Day Martin Luther King Jr. Day President’s Day Memorial Day Independence Day Labor Day Veteran’s Day Thanksgiving Day Day After Thanksgiving Christmas Eve Day Christmas Day Day After Christmas

4. Attendance at professional training, seminars, or workshops, not to exceed 15 hours per year, to maintain or enhance licensure, certification, or registration as a Polygraph Examiner. The Contractor/Polygraph Examiner shall make every attempt to schedule training times to minimize disruption of Services. This waiver does not include post-graduate education that may interfere with regularly scheduled Examinations.

F. The Contractor/Polygraph Examiner shall notify the appropriate Parole Officer or Unit Supervisor within two Days when any Client:

1. Fails to attend an Examination session;

2. Displays disruptive behavior; or

3. Manifests signs of re-offending.

G. The Contractor/Polygraph Examiner, Treatment Provider and Parole Officer shall jointly agree upon the Examination frequency of the Client beyond requirements in Section C.5.D. The Contractor/Polygraph Examiner, Treatment Provider and Parole Officer shall meet within five Days after completion of Examination and every six months thereafter for Clients who have Static-99/Static-99R risk score of high, or annually for Clients who have a Static-99/Static-99R risk score of moderate or low, or more frequently, if needed, to discuss the exam and to determine the need for additional Examinations, or to determine any needed changes in the Client’s supervision.

H. The Contractor shall be available for meetings with Department staff upon request.

I. The Contractor/Polygraph Examiner should not conduct more than five Examinations in a single day.

1. Examinations should be scheduled for no less than 90 minutes in duration from the start of the pretest interview through the end post-test review.

2. Because of the risks of familiarization and other possible retest effects, the

Contractor/Polygraph Examiner should not conduct more than four consecutive

Examinations per Fiscal Year with the same Client. This does not include re-testing due to a lack of resolution from an earlier Examination.

J. The Contractor/Polygraph Examiner should use a recognized comparison question technique for which there is evidence of validity and reliability, including estimates of sensitivity and specificity, published in the APA journal or other peer-reviewed scientific journals. There should not be more than four relevant questions per test series.

K. The Contractor/Polygraph Examiner shall not employ Clients in any capacity or allow Clients to provide Services in lieu of Payment (working off fees).

L. The Contractor/Polygraph Examiner shall provide a receipt to the Client for any Payment received and shall maintain a copy of each receipt for Department review.

C.6 OPERATIONAL DEFINITIONS

The Contractor/Polygraph Examiner should ensure that every behavior of concern to the multi-disciplinary supervision and treatment team is anchored by an operational definition. Operational definitions should be common among all referring professionals and use language that is free of jargon. It should be easily understood by the Client. Examples of operational definitions include the following:

A. Physical sexual contact - refers to rubbing or touching another person's sexual organs (i.e., breasts, buttocks, genitalia) whether over or under clothing, for the purpose of sexual arousal, sexual gratification, sexual stimulation or sexual “curiosity.” This includes having, allowing, or causing another person to rub or touch one's own sexual organs, whether over or under clothing. This does not include medical care with adults or children, or parental contact with children's private areas in the form of diapering, wiping, bathing, dressing, or changing, unless done for the purpose of sexual arousal or stimulation.

B. Non-contact sexual behavior - refers to sexual behaviors such as exhibitionism, voyeurism, public masturbation, child pornography, or other sexual behaviors that are unlawful but do not involve physical contact.

C. Sexual contact - any form of contact with an individual for the purpose of sexual arousal, sexual gratification, sexual stimulation or sexual “curiosity.”

D. Force (real or implied violence) - any form of real or implied violence, including for sexual arousal, physical restraint to prevent a victim from leaving, escaping, or moving away from the assault, or threats of harm to a victim's family members or pets. Force/restraint may also include alcohol or drug use in a manner that deprives a person of an ability to consent.

E. Coercion (non-violent) - any non-violent means to gain compliance of a victim who expresses his or her reluctance to comply (e.g., bribery, threats to embarrass or end a relationship, etc.).

Coercion may also include using or providing alcohol or drugs in a manner that influences a person’s thoughts, choices and behavior in ways that would differ from those when not under the influence.

F. Grooming (child grooming) - any means of building trust or exploiting a relationship; this could include befriending family members to gain access to a child which could allow the victim to surmise a perception of complicity, also applies to internet-based behaviors.

G. Manipulation - any means of trickery to gain the compliance of a victim who is unaware of the sexual motives of the offender (e.g., wrestling, horseplay, tickling and similar behaviors).

H. Relative (family member) - any person related by blood, marriage, or adoption, or where a relationship has a legal relationship or the appearance of a family relationship (e.g., dating or live-in relationship with the person(s) natural, step or adoptive parent).

I. Minor, child, youth, and underage person - includes any person defined by local laws and legislature as being below the age of consent to engage in sexual behavior.

J. Incidental contact - refers to any brief, unanticipated or unplanned contact, greeting (e.g., waving, or smiling), interaction (i.e., verbal), or incidental physical contact (e.g., shaking hands, hugging, patting the head, bumping into, exchanging money or merchandise, etc.).

K. Physical contact - includes shaking hands, hugging, patting the back or head, bumping into, exchanging money or merchandise along with other forms of physical contact including sitting on one's lap, holding, wrestling, or athletic activities, etc.

L. Unapproved contact with minors - any contact or activity with minors that goes against the

Client’s agreement with treatment, probation, or parole (whether state or federal). This may include a variety of restricted behaviors that vary for individuals, including being alone with a minor, non-sexual physical contact, and/or other interactions.

M. Alone/unsupervised contact with minors - interaction, activity or contact with minors in any context which takes place in the absence of someone approved by treatment and/or supervision to supervise this contact.

N. Approved Supervisor - an individual who the supervision and/or treatment team has agreed can supervise contact between the Client and a minor. They will have been informed of the individual’s diagnosis and offense issues, knowledgeable about the limits of acceptable behavior, and how to report a problem.

O. Pornography - the explicit depiction of sexual subject matter for the purpose of sexually arousing the viewer, sometimes referred to as X-rated or XXX material, though there is no formal rating system.

P. Child Sexually Explicit Material (CSEM)/Indecent Images of Children (IIOC) including, but not limited to:

1. Any visual depiction of sexually explicit conduct involving a minor (someone under 18);

2. Videos, digital or computer-generated images indistinguishable from an actual minor;

3. Images created, adapted, or modified, but appear to depict an identifiable, actual minor;

or

4. Undeveloped film or videotape, and electronically stored data that can be converted into a visual image.

Q. Sexually Stimulating Materials/Erotica - the use of sexually arousing imagery, especially for masturbation purposes.

R. Sexual thought - thoughts or patterns of thoughts, often in the form of mental imagery with the goal of creating or enhancing sexual arousal or sexual feelings.

S. Sexual Fantasy/Erotic Fantasy - can be a developed or spontaneous story, or a short mental flash of sexual imagery. This differs from a sexual thought by length and narrative complexity.

Short sexual thoughts often lead into a sexual fantasy.

T. Masturbation - refers to sexual stimulation of one's genitals, often, though not always, to the point of orgasm. Stimulation can be over or under clothing, either manually or through other types of bodily contact, through the use of objects or devices, or through a combination of these methods. Although masturbation with a partner is not uncommon, masturbation for the purpose of this Contract refers to self-masturbation.

C.7 CLIENT REFERRAL PROCESS

The Parole Officer will determine whether a Client’s financial status qualifies them for subsidized Services. The Contractor shall establish a Client co-payment based on the Contractor’s/Polygraph Examiner’s personal sliding fee scale and provide documentation to the Program Supervisor and the Parole Officer. The Contractor shall maintain a copy in the Client’s file.

A. The Contractor/Polygraph Examiner shall accept all referrals according to the Client description specified in Section C.1, Background.

B. The Parole Officer shall make Client referrals to the Contractor/Polygraph Examiner in accordance with the criteria defined in Section C.1, Background. The referral packet will be submitted to the Contractor/Polygraph Examiner (in a manner agreed upon by the Contractor/Polygraph Examiner and Parole Officer) and shall contain:

1. A referral utilizing the form provided in Exhibit J.4, TDCJ-PD, Sex Offender

Treatment/Polygraph Referral Information and Instructions (PMS-27), specifying the reason for the Polygraph Exam;

2. Copies of available social and criminal history documentation of the Client;

3. A disclosure and waiver of confidentiality utilizing the form provided in Exhibit J.5, TDCJ-

PD, Disclosure of Information and Waiver of Confidentiality (PMS-33), signed by the Client which allows Department staff to exchange information with the Contractor/Polygraph Examiner and provider regarding the progress and behavior of the Client; and

4. Copies of the Client’s certificate of release, including special conditions of supervision.

C. The Parole Officer will request approval for the Examination from TDCJ-PD Specialized

Programs for subsidized Examinations. Once approval is granted, the Parole Officer will contact the Contractor/Polygraph Examiner to schedule the Examination, determine the type of Examination to be administered, and assist in the development of the questions for the Examination. The Parole Officer will prepare Exhibit J.6, TDCJ-PD Services Invoice and Completion Instructions (PMS-34) and forward to the Contractor/Polygraph Examiner with the approval email. The Contractor/Polygraph Examiner shall complete Examinations within 90 Days from the date of approval. Approvals are not valid after 90 Days and a subsequent approval is required from TDCJ-PD Specialized Programs. Payments will not be made on email subsidy approvals that exceed 90 Days, unless otherwise noted.

C.8 SECURITY OF RECORDS AND DISCLOSURE INFORMATION

A. The Contractor shall require that staff providing specified Services meet sufficient standards of integrity to ensure that:

1. Appropriate safeguards shall be established by the Contractor to protect the confidentiality of Client records and minimize the possibility of theft, loss, or destruction.

2. Unauthorized access to Client records is prohibited and information cannot be disclosed to any party without written authorization from the Department. When necessary, Exhibit J.5, TDCJ-PD Disclosure of Information and Waiver of Confidentiality (PMS-33) form may be used to authorize the release of treatment information.

3. Sensitive or confidential information shall not be disclosed, copied, transmitted, or used for any purpose other than for the performance of Services (this may include treatment records of programs a Client attended while in the custody of the Department that are provided to enhance the Clients’ continuity of treatment in the community).

B. The Contractor shall not divulge or make known, in any manner to any person, any personal information concerning Clients, except as may be necessary in the performance of this Contract. The Contractor shall ensure that all individuals having access to or custody of records sign a statement detailing the confidentiality requirements of this Contract.

C. The Contractor/Polygraph Examiner shall notify the Department (TDCJ-PD Director of

Specialized Programs) immediately upon receipt of any legal process requiring disclosure of Client records.

D. Upon request of the Department, or in response to a subpoena or subpoena duces tecum, the Contractor/Polygraph Examiner shall appear or submit an affidavit and testify in any legal proceedings convened by a court of competent jurisdiction, the Department, or the Texas Board of Pardons and Paroles. The Contractor/Polygraph Examiner shall, when appearing for such legal proceedings, also present the charts and video recording that have been maintained regarding that Client.

C.9 DEPARTMENT POLICIES AND PROCEDURES

The Contractor and its employees/subcontractors shall adhere to the Department’s Policies and procedures listed below and available on the TDCJ website at http://www.tdcj.texas.gov:

A. PD/POP-3.6.9, Sex Offender Treatment and Polygraph Guidelines;

B. PD-03, Employee ID Cards;

C. PD-04, Data Use and Non-Disclosure Agreement;

D. PD-17, Drug-Free Workplace;

E. PD-22, General Rules of Conduct and Disciplinary Action Guidelines for Employees;

F. PD-27, Employment Status Pending Resolution of Criminal Charges or Protective Orders;

G. PD-29, Sexual Misconduct with Inmates;

H. PD-75, Applicants with Pending Criminal Charges or Prior Criminal Convictions; and

I. PD-97, Training and Staff Development.

These policies and procedures shall serve to guide employee behavior in relationships with other employees, Client(s) and the public.

C.10 PROHIBITED USE OF DEPARTMENT FACILITIES

The Contractor/Polygraph Examiner is prohibited from providing Examinations for non- Department Clients at Department locations unless prior written authorization is obtained from the TDCJ for each instance. Any breach of this provision constitutes grounds for administrative actions, Contract termination, and/or legal actions. Contract termination may result in additional legal or administrative actions.

696-PD-26-B031 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

ITEM

AUTHORITY

SEMI-MONTHLY

TDCJ-PD Fiscal

Operations Department

By the 1st or the 15th of the month preceding the

Examination date

Exhibit J.6, TDCJ-PD Services Invoice and

Completion Instructions (PMS-34) and Polygraph

Report

Contract, Sections G.3.C.7, G.3.E, and

Exhibit J.6

QUARTERLY

Program

Supervisor 30th Day of the month following each Quarter

Exhibit J.7, TDCJ-PD Sex Offender Program Performance Measures Worksheet, Polygraph

Contract and Completion Instructions

Contract Section C.4.C and Exhibit J.7

Contract Specialist Quarterly Report listing litigation (if applicable)

Solicitation Section K.4.5.E

ANNUALLY

Program

Supervisor September 30 Exhibit J.8, Child Safety

Zone Certification Contract Section

C.3.I and Exhibit J.8

OTHER

Contract Specialist Prior to Service

Commencement Date and upon renewal or replacement

Insurance certificates Contract, Section H.1.C

TDCJ-PD Each Instance Copy of each subcontract Contract, Section H.2.D

696-PD-26-B031 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, to include viewing and/or participating in testing sessions. 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 facilities and 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 sub-contractors 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, Payments.

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 reply detailing corrective action(s) taken to address all items of non-compliance. The reply 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.

E.3 ATTENDANCE AT EXAMINATIONS BY PAROLE AND DEPARTMENT STAFF

The Contractor/Polygraph Examiner shall allow local Department staff to attend Examinations in progress for monitoring purposes Quarterly, to ensure Contract compliance. Scheduling shall be coordinated between the Contractor/Polygraph Examiner and local Department staff.

696-PD-26-B031 Section E

E.4 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 Supervisor and other Department staff shall provide written findings regarding non-compliant conditions, processes, procedures or operations implemented at the facility, and observations that could, if not addressed by the Contractor, become an item of non-compliance as described in Section E.1, Inspection of Services.

E.5 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 or monitoring reports within seven Days of issuance. Audits and/or monitoring reports may include allegations or complaints involving Services 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 Texas Government Code, Section 441.1855. 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.6 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 TBCJ Office of the Inspector General at 1-866-372-8329, the TBCJ Office of the Independent Auditor at 936-437-7100, or Crime Stoppers at 1-800-832-8477.

696-PD-26-B031 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 the Term of 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 THE TERM OF THIS CONTRACT

A. The Department may, at its sole discretion, issue a unilateral modification to renew this Contract for the Option Period, provided that 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…