ESBD_357610_1716219065803_Attachment 1 to Addendum 2.pdf

PCS 550 HHS RFP Template RFP No. HHS0014460, Attachment 1 Addendum 2 Page 1 of 48 Version 2.10 Revision Date 09/12/2023

Cecile E. Young, Executive Commissioner

Request for Proposals (RFP) for

Deaf-Blind with Multiple Disabilities (DBMD) Family Training Conference

RFP No. HHS0014460, Attachment 1 Addendum 2

Solicitation Posting Date to ESBD: April 29, 2024

Responses Due: May 29, 2024 by 10:30 a.m. Central Time

924-00 Educational and Training Services

924-16 Course Development Services, Instructional and Training

952-90 *Training and Instruction Services, Clients, Not Staff

972-55 Training, Non-State Employees

PCS 550 HHS RFP Template RFP No. HHS0014460, Attachment 1 Addendum 2 Page 2 of 48

Contents Article I. Executive Summary, Definitions, and Authority

1.1 Executive Summary

1.2 Definitions

1.3 Authority

Article II. Scope of Work

2.1 Statement of Work

2.1.1 Eligible Population

2.1.2 DBMAT Support

2.1.3 Service Area

2.1.4 Contractor Services (The Camp)

2.1.5 Physical Facility Requirements

2.1.6 General Camp Requirements

2.1.7 Contractor Staff Requirements

2.1.8 Agency Requirements

2.1.9 Virtual Experience

2.1.10 Deliverables

2.1.11 Performance Measures

2.1.12 Payment and Invoices

2.1.13 Remedies

2.2 Contract Award, Term, and Historical Compensation

2.2.1 Contract Award and Execution

2.2.2 Contract Term

2.2.3 Historical Compensation

2.3 Data Use Agreement and Security Privacy Inquiry

2.4 No Guarantee of Volume, Usage, or Compensation

Article III. Administrative Information

3.1 Schedule of Events

3.2 Ambiguity, Conflict, or Discrepancy

3.3 Inquiries

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3.3.1 Sole Point of Contact

3.3.2 Prohibited Communication

3.3.3 Exception to Sole Point of Contact

3.3.4 Solicitation Questions

3.4 Pre-proposal Conference

3.4.1 Attendance

3.4.2 Conference Logistical Information

3.4.3 Questions at Pre-Proposal Conference

3.5 Solicitation Response Composition

3.5.1 General Information

3.5.2 Page Limit and Supporting Documentation

3.5.3 Discrepancies

3.5.4 Exceptions

3.5.5 Assumptions

3.5.6 Binding Offer

3.6 Solicitation Response Submission and Delivery

3.6.1 Deadline

3.6.2 Submission Option

3.6.3 Submission Checklist

3.6.4 Labeling and Delivery for USB Submission and Other Materials

3.6.5 Modifications and Withdrawals

Article IV. Solicitation Response Evaluation and Award Process

4.1 Conformance with State Law

4.2 Best Value Determination

4.2.1 Selection Methodology

4.2.2 Minimum Qualifications

4.2.3 Initial Compliance Screening

4.2.4 Written Solicitation Response Evaluation

4.2.5 Written Response Evaluation Criteria

4.2.6 Final Written Response Score

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4.2.7 Summary of Best Value Determination

4.3 Questions or Requests for Clarification

Article V. Narrative Proposal

5.1 Narrative Proposal

5.1.1 Executive Summary

5.1.2 Minimum Qualification Documentation

5.1.3 Camp and Facility Requirements

5.1.4 Past Experience and Staffing Plan

Article VI. Required Respondent Information

6.1 Company Information

6.1.1 Company Narrative

6.1.2 Company Profile

6.2 Franchise Tax – Right to Transact Business in Texas

6.3 References

6.4 Major Subcontractor Information

6.5 Affirmations and Certifications

6.6 Other Reports

6.6.1 Dun and Bradstreet Reports

6.6.2 Financial Statements and Financial Solvency

6.6.3 Alternate Report

6.7 Corporate Guarantee

6.8 HUB Subcontracting Plan

Article VII. Cost Proposal

7.1 Cost Proposal

Article VIII. General Terms and Conditions

8.1 General Conditions

8.1.1 Changes, Modifications, and Cancellation

8.1.2 Offer Period

8.1.3 Costs Incurred

8.1.4 Contract Responsibility

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8.1.5 Public Information Act - Respondent Requirements Regarding Disclosure

8.1.6 Respondent Waiver – Intellectual Property

8.1.7 Standards of Conduct for Vendors

8.1.8 Disclosure of Interested Parties

8.2 Insurance

8.2.1 Required Coverage

8.2.2 Alternative Insurability

8.3 Protest

Article IX. List of Exhibits

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ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Family Training Conference encourages parents, professionals, and Deaf-Blind individuals with multiple disabilities to network with each other. It also presents educational subjects relating to deaf-blindness. Deaf-Blind individuals with multiple disabilities and their siblings are given an opportunity for socialization outside of educational and adaptive behavior training. This training conference is coordinated with the Deaf-Blind Multi-handicapped Association of Texas (DBMAT), Helen Keller National Center, Texas School for the Blind and Visually Impaired (TSBVI), Texas Deaf-Blind Project, and the Health & Human Services Commission (HHSC).

HHSC PCS will administer the procurement process for this Solicitation, which includes RFP publication, handling of communications from vendors, as well as managing the receipt of Solicitation Responses for review and evaluation.

To be considered for award, a Respondent must execute Exhibit A, HHS Solicitation Affirmations Version 2.4 and provide all other required information and documentation as set forth in this Solicitation.

Information regarding HHSC and its programs is available online and can currently be accessed at HHSC Website Address: https://www.hhs.texas.gov.

1.2 DEFINITIONS

Refer to Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions (UTC) – Vendor, Version 3.3, for additional definitions.

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below:

“Addendum” means a written clarification or revision to this Solicitation issued by HHSC PCS and posted to the ESBD.

“Award Consideration (AC) Documents” means documents Respondent must submit as part of the Solicitation Response to be considered for negotiations or award.

“Camper(s)” means the individuals attending the camp and staying on location at the DBMD camp, who consist of Campers, Campers’ siblings, and parents/guardians of DBMD Campers.

“Client” means an individual who is eligible for DBMD services.

https://www.hhs.texas.gov/

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“Contract Term” means the period of time beginning with the commencement date or Effective Date of a Contract and ending when the Contract expires in accordance with its terms, or when it has been terminated.

“DBMAT” means Deaf-Blind Multi-Handicapped Association of Texas (see 26 TAC, Chapter 260, Subchapter B, Division 1, §260.51(a)(3)).

“DBMD” means Deaf Blind with Multiple Disabilities (see 26 TAC, Chapter 260, Subchapter B, Division 1, § 260.51(a)(3)).

“Effective Date” has the same meaning as the definition in Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions – Vendor, Version 3.3.

“ESBD” means the Electronic State Business Daily, the electronic marketplace where State of Texas bid opportunities over $25,000 are posted. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

“Final Written Response Score” refers to the final scoring of the written response as documented in the Solicitation.

“HHSC” means the Health and Human Services Commission.

“HHSC PCS” means Procurement and Contracting Services (PCS), a division of HHSC.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required to be submitted with all responses to state agency contracts with an expected value of $100,000 or more where the state agency has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by the state agency during the term of the Contract.

“Respondent” means the individual or entity responding to this Solicitation.

“Solicitation” means this RFP including all exhibits, attachments, forms, and Addenda, if any.

“Solicitation Consideration (SC) Documents” means documents that must be submitted by Respondent with the Solicitation Response in order to be considered for evaluation and cannot be resubmitted or have errors remedied after the submission due date and time in the Schedule of Events has passed.

http://www.txsmartbuy.com/esbd

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“State” means the State of Texas and its instrumentalities, including HHSC and any other state agency, its officers, employees, or authorized agents.

“Texas School For the Blind and Visually Impaired (TSBVI)” is a Texas special public school, in the continuum of statewide placements for students who have a visual impairment. It is considered a statewide resource to parents of these children and professionals who serve them.

“Texas Workforce Commission or TWC” means the state agency charged with overseeing and providing workforce development services to employers and job seekers of Texas.

“VPTS” means Vendor Performance Tracking System, as defined under Section 2262.055 of the Texas Government Code and Title 34 of the Texas Administrative Code Part 1, Chapter 20, Subchapter B, Division 2, Rule §20.115 and Subchapter F, Division 2, Rule §20.509.

1.3 AUTHORITY

HHSC is soliciting the services stated in this Solicitation under the authority of Texas Government Code § 2155.144(b-2).

ARTICLE II. SCOPE OF WORK

2.1 STATEMENT OF WORK

The State of Texas (State), by and through the Health and Human Services Commission (HHSC), seeks a qualified contractor to provide a physical facility (camp) and staff to hold a DBMD Family Training Conference. Contractor shall coordinate with the Deaf-Blind Multi-handicapped Association of Texas (DBMAT), to advertise the conference, register Participants, and arrange training sessions. https://www.dbmat-tx.org/

2.1.1 Eligible Population

The Deaf-Blind eligible population for this contract includes Deaf-Blind Multi-Handicapped Association of Texas (DBMAT) individuals. The Family Training Conference also extends to sibling and parents of DBMAT individuals, as well as professionals affiliated with DBMAT individuals. In addition, the Family Training Conference has the following eligibility rules to be managed by DBMAT, TSBVI, TWC, Blind Children’s Program, or other Agency referrals to DBMAT:

a. Individuals should be Deaf-Blind with Multiple Disabilities as described in our eligibility criteria in the Texas Administrative Code (TAC) as described in Texas Administrative Code https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2262.htm#2262.055 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=115 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=509 https://www.dbmat-tx.org/ https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=260&rl=51

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(state.tx.us) However, the individuals do not need to be receiving waiver services to be eligible;

b. Deaf-Blind individuals may have severe disabilities and conditions including but not limited to incontinence, behavioral problems, physical aggression, self-injurious behaviors, catheterization, feeding tubes, transferring, and eating disorders;

c. Family members and professionals must attend with a Deaf-Blind individual;

d. There is no limit on how many people can come with the Deaf-Blind individual;

e. The accompanying camp serves all ages and levels of disabilities.

2.1.2 DBMAT Support

DBMAT will provide support as followed (DBMAT support is to assist contractor with any needs if necessary):

a. DBMAT will publicize the conference to families and service providers of Deaf-Blind individuals;

b. DBMAT determines the individuals meet criteria for DBMD as described in Texas Administrative Code (state.tx.us);

c. DBMAT will register the Campers;

d. DBMAT will provide additional information as requested, and consult with families and service providers about matching needs of the individual to the camp;

e. DBMAT will collaborate with the other parties involved to provide special supplies appropriate for dual sensory activities; and

f. DBMAT will ask for support from TSBVI and Contractor (see Section 2.1.9) to use their Zoom, MS Teams, or an alternative software for the virtual attendees (WiFi will not be provided by DBMAT).

2.1.3 Service Area

The physical facility (camp) must be centrally located in Texas, and within 120 miles of Austin. Approval will be required to reconsider bids outside of a 120-mile radius.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=260&rl=51 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=260&rl=51 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=26&pt=1&ch=260&rl=51

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2.1.4 Contractor Services (The Camp)

a. Provide a two-day, two-night camp program for at least 230 people (which consist of Campers, Campers’ siblings, and parents/guardians of DBMD Campers) while making the Camp’s attendance capacity known so that it is not exceeded for the given year’s camp attendance, with ability to hold a weekend camp in September or October for two nights (Friday and Saturday);

b. Campers will arrange for their own transportation but may require assistance from DBMAT/Contractor. Contractor will collaborate with DBMAT to assist campers with arrangements for transportation to the camp site (If necessary). Note: Travel for campers to and from the camp will be reimbursed separately, according to the travel reimbursement guidelines and instructions that will be provided to the awarded Contractor, after contract execution (If Necessary).

Provide arrangements for transportation costs, including the following:

1. Ensure airfare, train fare, bus fare, or car mileage to and from camp facilities for accepted Campers and their designated traveling attendants who reside more than 100 miles from the camp (one-way from the campsite or from the nearest commercial airport). This applies solely for in-state travel, and

2. Ensure that Campers are accompanied appropriately to provide access to communication. This includes communication cards and scripts for airport, bus, taxi providers/staff, and to ensure Campers’ safety during travel to and from camp. This applies solely for in-state travel;

c. Provide additional information as requested, and consult with families and service providers about matching needs of the individual to the camp;

d. Provide special supplies appropriate for dual sensory activities; and

e. Maintain and provide information to the families on the activities that the Camper participated in, such as: including photographs, and any other pertinent information regarding the Camper’s participation. This will also be provided to DBMAT and HHSC for record purposes.

2.1.5 Physical Facility Requirements

Contractor will provide a facility that offers the following:

a. A meeting room which can accommodate at least 125 people, who comprise

Campers, Campers’ siblings and parents/guardians of DBMD Campers for two

PCS 550 HHS RFP Template RFP No. HHS0014460, Attachment 1 Addendum 2 Page 11 of 48 days of training sessions;

b. An infirmary with exam area and sick bay. The infirmary must be staffed by a registered nurse;

c. A dining room which can accommodate at least 230 people, who consist of Campers, Campers’ siblings, and parents/guardians of DBMD and staff;

d. Air-conditioned cabins or hotel rooms to accommodate at least 230 people, who consist of Campers, Campers’ siblings, and parents/guardians of DBMD and staff;

e. Accessibility for individuals who are Deaf-Blind and for people who have severe disabilities. All camp areas must have ramped sidewalks accessible to wheelchairs.

All bathrooms must be Americans with Disabilities Act (ADA) compliant; and

f. Contractor facility must have WiFi readily available for virtual attendees, if applicable.

2.1.6 General Camp Requirements

a. Contractor will provide activities at a level appropriate for individuals who are Deaf- Blind with multiple disabilities and their siblings including (approximately one (1) sibling per DBMAT individual including parents/guardians):

1. Outdoor accessible activities, for all levels of disability,

2. Have a swimming pool and lifeguard available,

3. Arts and crafts,

4. Nature education, and

5. Sports and games;

b. Contractor will record for HHSC the number of adult Campers that attended;

c. Contractor will provide three (3) well-balanced meals and two (2) snacks per day , per Camper, per each of Camper’s siblings, and per each of the Camper’s parents/guardians, and in accordance with any special dietary needs or restrictions of such individual; and;

d. Contractor will follow proper procedures for food preparation, handling, and mass feeding, as well as ensure a healthy and sufficient water supply.

2.1.7 Contractor Staff Requirements

Contractor must employ directly or sub-contract with an employment agency for the

PCS 550 HHS RFP Template RFP No. HHS0014460, Attachment 1 Addendum 2 Page 12 of 48 following positions as outlined below:

a. On-site camp director (will be on-site at all times) must have the following credentials:

1. A four-year degree in a field related to working with people with disabilities;

2. Four years of experience working with individuals who are Deaf-Blind with multiple disabilities; and

3. Status in good standing with the following as defined by lack of debarment from employment by state law including, but not limited to, the following:

i. Criminal convictions (as per Chapter 250, Health & Safety Code),Nurse Aide

Registry, and

ii. Employee Misconduct Registry

b. At least one Registered Nurse (RN) must be on-site at all times. RN must be licensed to provide professional nursing in accordance with Texas Occupations Code, Chapter 301, Nurses;

c. One childcare coordinator who will interview and supervise the direct care staff working with the Deaf-Blind individuals and their siblings. The childcare coordinator would preferably have at least 5 years of experience working directly with individuals who are Deaf-Blind with multiple disabilities;

d. Direct-care staff, who shall attend to Clients throughout the 24-hour day, and comply at all times with the following:

1. Direct-care staff ratio must be 1 staff member per every 2 Clients (no Clients will be alone with staff).

2. When Clients are in cabins or hotels direct-care staff should be accompanied by a minimum of two (2) direct-care staff members.

3. Direct-care staff should be supervising all Clients whose parents/guardians are not present.

4. Before providing services, all direct-care staff must:

i. Be trained to manage camp activities for Campers outlined in Section 2.1.6a.1.-5;

ii. Have experience working with individuals with disabilities;

iii. Have status in good standing with the following as defined by lack of debarment from employment by state law:

a) No criminal convictions (as per Chapter 250 of the Texas Health & Safety

Code),

b) Nurse Aide Registry, and

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c) Employee Misconduct Registry;

e. Interpreters to accommodate the Campers, Campers’ siblings and parents/guardians of DBMD Campers who use Sign Language and/or Spanish (Interpreters must be on camp site for the full day, that is, eight (8) hours); and

f. Documentation of qualifications must be provided to HHSC upon request.

2.1.8 Agency Requirements

a. This training conference must be coordinated with the Deaf-Blind Multi-handicapped Association of Texas, Helen Keller National Center, Texas School for the Blind and Visually Impaired (TSBVI), and Texas Deaf-Blind Project.

b. The HHSC Agency will provide points of contact for listed entities and will provide a main point of contact for coordination.

c. The HHSC Agency can assist with resources or contacts for interpreters but is not responsible for providing interpreters to accommodate the Participant(s) if any Participant use Sign Language or Spanish; and

d. The HHSC agency contract administrator and/or PCS may utilize a Comptroller of Public Accounts (CPA) Vendor Performance Form to report awarded Contractor's performance to HHSC Procurement and Contracting Services (PCS) staff. PCS staff may report the Contractor's performance to the Texas Comptroller of Public Accounts-Vendor Performance Section.

2.1.9 Virtual Experience

Contractor shall provide WiFi for DBMD to assist with a virtual camp experience through, but not limited to, such platforms as Teams, Zoom, or alternative software for the virtual attendees, as determined by HHSC.

2.1.10 Deliverables

Item Deliverables Due Date/Timeframe

1. Contractor must provide a 24-hour contact number and name in case of any urgent issue that may arise.

Upon contract execution.

2. Provide a two-day, two-night camp program for at least 230 people (which consist of Campers, Camper’s siblings and parents/guardians of DBMD Campers), while making

Upon contract execution.

PCS 550 HHS RFP Template RFP No. HHS0014460, Attachment 1 Addendum 2 Page 14 of 48 the Camp’s attendance capacity known so that it is not exceeded for the given year’s camp attendance, with ability to hold a weekend camp in September or October for two nights (Friday and Saturday). As per (Section

2.1.4 (a))

3. Campers will arrange for their own transportation but may require assistance from DBMAT/Contractor. Contractor will collaborate with DBMAT to assist campers with arrangements for transportation to the camp site (If necessary). (Section 2.1.4 (b))

Provide arrangements for an up-front payment for transportation costs, including the following (as per Section 2.1.4 (b)).

1. Ensure airfare, train fare, bus fare, or car mileage to and from camp facilities for accepted Campers and their designated traveling attendants who reside more than 100-miles from the camp (one-way from the campsite or from the nearest commercial airport). This applies solely for in-state travel;

and

2. Ensure that Campers are accompanied appropriately to provide access to communication. This includes communication cards and scripts for airport, bus, taxi providers/staff, and to ensure Campers’ safety during travel to and from camp. This applies solely for in-state travel.

Upon deliverable execution. (HHSC will reimburse for travel if necessary.)

4. Provide additional information as requested and consult with families and service providers about matching needs of the individual to the camp. As per (Section 2.1.4 (c)).

Upon contract/camp execution & throughout entire camp.

5. Provide special supplies appropriate for dual sensory activities. As per (Section 2.1.4 (d)).

Upon camp execution.

6. Contractor must maintain and provide information to the families on the activities that the Camper participated in, Upon contract/camp execution &

PCS 550 HHS RFP Template RFP No. HHS0014460, Attachment 1 Addendum 2 Page 15 of 48 such as: including photographs, and any other pertinent information regarding the Camper(s) participation. This will also be provided to DBMAT and HHSC for record.

As per (Section 2.1.4 (e)).

throughout entire camp.

7. Contractor must provide a meeting room which can accommodate at least 125 people which consist of Campers, Camper’s siblings and parents/guardians of DBMD Campers for two days of training sessions. As per (Section 2.1.5 (a))

Upon contract execution.

8. Contractor must provide an infirmary with exam area and sick bay. The infirmary must be staffed by a registered nurse. As per (Section 2.1.5 (b))

Upon contract execution.

9. Contractor must provide a dining room which can accommodate at least 230 people which consist of Campers, Camper’s siblings, and parents/guardians of DBMD and staff. As per (Section 2.1.5 (c))

Upon contract execution.

10. Contractor must provide Air-conditioned cabins or hotel rooms to accommodate at least 230 people which consist of Campers, Camper’s siblings, and parents/guardians of DBMD and staff. As per (Section 2.1.5 (d))

Upon camp execution & throughout camp.

11. Contractor facility must have Wi-Fi readily available for virtual attendees, if utilized.

(Section 2.1.5 (f))

Upon camp execution.

12. Contractor will provide activities at a level appropriate for individuals who are Deaf- Blind with multiple disabilities and their siblings including: As per (Section 2.1.6 (a)).

1. Outdoor accessible activities, to all levels of disability;

2. Have a swimming pool and lifeguard available;

3. Arts and crafts;

4. Nature education; and

5. Sports and games.

Upon camp execution & throughout camp.

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13. Contractor will provide three well-balanced meals daily (three (3) meals and two (2) snacks per day, per Camper, Camper’s siblings, and parents/guardians) in accordance with any special dietary needs or restrictions of individual Campers; and;. As per (Section 2.1.6 (c)).

Throughout camp until completion.

14. Contractor will follow proper procedures for food preparation, handling, and mass feeding and ensure a healthy and sufficient water supply. As per (Section 2.1.6 (d)).

Upon contract execution and throughout camp.

14. Contractor must provide an On-site camp director and director must have the following credentials: As per (Section 2.1.7 (a)).

1. A four-year degree in a field related to working with people with disabilities;

2. Four years of experience working with individuals who are Deaf-Blind with multiple disabilities; and

3. Status in good standing with the following as defined by lack of debarment from employment by state law including, but not limited to, the following:

i. Criminal convictions (as per Chapter 250, Health & Safety Code),Nurse Aide Registry, and

ii. Employee Misconduct Registry.

Upon contract execution.

15. Contractor must have at least one Registered Nurse (RN) onsite. As per (Section 2.1.7 (b))

Upon camp execution.

16. Contractor must provide One childcare coordinator who will interview and supervise the camp counselors working with the Deaf-Blind individuals and their siblings. The childcare coordinator would preferably have at least 5 years of experience working directly with individuals who are Deaf- Blind with multiple disabilities. As per (Section 2.1.7 (c)).

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17.

Contractor must provide direct care staff to attend to Clients throughout the 24-hour day (2 day camp).

Direct care staff must meet the following requirements as per (Section 2.1.7 (d)).

Upon contract execution.

18. Contractor must provide Interpreters to accommodate the Participant(s) if any Participant uses Sign Language or Spanish. As per (Section 2.1.7 (e))

2.1.11 Performance Measures

Item Performance Measures Due Date/Timeframe

1. The HHSC agency shall periodically communicate with Contractor via telephone, email, and on-site visits to address questions, concerns, or progress.

Contractor must respond within three (3) business days.

2. All work performed under this contract shall be in accordance with this contract, local codes and ordinances and any other authority having lawful jurisdiction. It is important that the contractor performs all duties as stated.

Failure to do so may result in cancellation of the contract.

Upon contract execution.

3. At the conclusion of the camp, Contractor will issue a report that must include:

1. The number of child Campers that attended;

2. The number of staff; and

3. Activities provided for the individuals.

Within two week from the last day of the DBMD camp.

4. All services and deliverables must meet or exceed the required levels of performance specified in this Solicitation. Contractor will perform services in a skillful manner, in accordance with best practices and high professional standards used in well-managed operations performing services

Throughout entire contract.

PCS 550 HHS RFP Template RFP No. HHS0014460, Attachment 1 Addendum 2 Page 18 of 48 like the services described in this Solicitation.

5. Accessibility for individuals who are Deaf-Blind and for people who have severe disabilities. All camp areas must have ramped sidewalks accessible to wheelchairs. All bathrooms must be Americans with Disabilities Act (ADA) compliant. As per (Section 2.1.5 (e)).

Upon contract execution.

6. Contractor must make Wi-Fi available for virtual attendees. As per (Section 2.1.5 (f)).

Upon contract execution and throughout the 24-hour day (2 days) camp.

7. Contractor will record the number of adult Campers that attended. As per (Section

2.1.6 (b)).

Upon camp completion.

8. Contractor (Direct Care Staff) must supervise Client(s). As per (Section 2.1.7 (d)(3))

Upon contract execution and throughout the 24-hour day (2 days) camp.

9. All documentation of qualifications must be provided to HHSC. As per (Section 2.1.7 (f)).

Upon contract execution.

2.1.12 Payment and Invoices

Contractor will submit a monthly invoice based on the services provided, no later than thirty (30) calendar days from the date of service:

a. Payment will be set to a fixed fee which includes:

1. The number of Campers;

2. Supplies required for camp; and

3. Camp site/facility (including meeting room, dining room, and infirmary);Travel expenses (each Camper shall be calculated separately), which shall include but not be limited to the following modes of travel: air, bus, train, and/or automobile. Any travel method used shall not exceed 100 miles from camp;

4. Meal Services for Camp.

Travel expenses (each Camper shall be calculated separately), which shall include but not be limited to the following modes of travel: air, bus, train, and/or

PCS 550 HHS RFP Template RFP No. HHS0014460, Attachment 1 Addendum 2 Page 19 of 48 automobile. Any travel method used shall not exceed 100 miles from camp. (It is the responsibility of the awarded contractor to pay for any expenses incurred. The HHS agency will not pay any per diem, travel, hotel, equipment, phone calls, paper, reproduction services, office space, or other incidental expenses related to performing the services as advertised.)

b. Invoice for payment must include:

1. The contract number;

2. Invoice date;

3. Invoice number;

4. Purchase Order; and

5. Description of Services and dates.

c. Submit invoice to the following address: HHSC/CAPM

701 W.51ST 359W

Austin, TX78701

2.1.13 Remedies

Contractor agrees and understands that HHSC agency may pursue tailored contractual remedies for noncompliance with the agreement. Anytime, at the agency discretion, HHSC agency may impose or pursue one or more remedies for each item of noncompliance and will determine remedies on a case-by-case basis. HHSC agency's pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that HHSC agency may have at law or equity.

HHSC will notify Contractor in writing of specific areas of awarded Contractor performance that fail to meet performance expectations, standards, or schedules, but that, in the determination of HHSC, do not result in a material deficiency or delay in the implementation or operation of the services.

Contractor will, within three (3) business days (or another date approved by HHSC) of receipt of written notice of a non-material deficiency, provide the HHSC requester a written response that:

a. Explains the reasons for the deficiency, Contractor's plan to address or cure the deficiency, and the date and time by which the deficiency will be cured; or

b. If Contractor disagrees with the HHSC's findings, its reasons for disagreeing with the findings.

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Contractor’s noncompliance may result in delayed payment or non-payment as determined by HHSC. At its discretion, HHSC may require contractor to submit a detailed written plan (the "Corrective Action Plan") to correct or resolve an issue, deficiency, or a breach of this Agreement. The Corrective Action plan should include, at a minimum, the following:

a. A detailed explanation of the reasons for the cited deficiency;

b. Contractor's assessment or diagnosis of the cause; and

c. A specific proposal to cure or resolve the deficiency.

The Corrective Action Plan must be submitted by the deadline set forth in HHSC’s request for a Corrective Action Plan. The Corrective Action Plan is subject to approval by HHSC, which will not unreasonably be withheld.

2.2 CONTRACT AWARD, TERM, AND HISTORICAL COMPENSATION

2.2.1 Contract Award and Execution

HHSC intends to award one Contract as a result of this Solicitation. Any award is contingent upon approval of the HHSC executive commissioner or their designee.

If, for any reason, a final Contract cannot be executed with the Respondent selected for award within ten (10) days of HHSC’s determination to seek to contract with that Respondent, HHSC may negotiate a Contract with the next highest-scoring Respondent or may withdraw, modify, or partially award this Solicitation.

2.2.2 Contract Term

The initial term of any Contract resulting from this Solicitation will be one (1) year. HHSC, at its sole option, may extend any Contract awarded pursuant to this Solicitation for up to four (4) 1 year additional years.

Following the base term and any allowable renewals or extensions, HHSC may extend any resulting Contract for not more than one additional option period to address immediate operational or service delivery needs. If the resulting Contract does not include a defined option period, the extension is limited to one year.

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2.2.3 Historical Compensation

Historical compensation under Contracts with similar scope and size to this Solicitation has been approximately $62,000 per state fiscal year. Notwithstanding Section 2.2.3 (Historical Compensation), HHSC reserves the right to adjust any projected amount based on state funding during the term of a resulting Contract.

2.3 DATA USE AGREEMENT AND SECURITY PRIVACY INQUIRY

By entering into a Contract with HHSC as a result of this Solicitation, Respondent agrees to be bound by the terms of the Data Use Agreement (DUA), Version 8.5, attached as Exhibit C.

Respondents must complete and return with their Solicitation Response Exhibit C-1, DUA Attachment 2, Security and Privacy Inquiry (SPI), Version 2.1.

Contractor shall ensure that all Confidential Information (as defined in the DUA), including such information residing on back-up systems, remains within the United States. Confidential Information shall not be accessed by Contractor personnel located outside of the United States.

Furthermore, Confidential Information may not be received, stored, processed, or disposed via information technology systems located outside of the United States.

2.4 NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

HHSC makes no guarantee of volume, usage, or total compensation to be paid to any Respondent under any awarded Contract, if any, resulting from this Solicitation. Any awarded Contract is subject to appropriations and the continuing availability of funds.

HHSC reserves the right to cancel, make partial award, or decline to award a Contract under this Solicitation at any time at its sole discretion.

Remainder of page left intentional blank.

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ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Solicitation Posting Date to ESBD April 29, 2024

Pre-proposal Conference and HSP Training Attendance is Optional

May 6, 2024 at 10:30 a.m.

Central Time

Deadline for Submitting Questions or Requests for Clarification

May 10, 2024 at 10:30 a.m.

Central Time

Tentative Date Responses to Questions or Requests for Clarification Posted on ESBD

May 14, 2024 at 10:30 a.m.

Central Time

Deadline for courtesy HSP review May 16, 2024 at 5:00 p.m.

Central Time

Deadline for Submission of Solicitation Responses NOTE: Responses must be RECEIVED by HHSC by the deadline.

May 29, 2024 at 10:30 a.m.

Central Time

Evaluation Period June 2024

Anticipated Notice of Award August 2024

Anticipated Contract Start Date Beginning of September 2024

Respondents must submit their Solicitation Responses to HHSC in accordance with the due date and time indicated in this Schedule of Events or as changed via an Addendum posted to the

ESBD.

NOTE: All dates are tentative and HHSC reserves the right to modify these dates at any time. At the sole discretion of HHSC, events listed in the Schedule of Events are subject to scheduling changes and cancellation. Scheduling changes or cancellation determinations made prior to the

PCS 550 HHS RFP Template RFP No. HHS0014460, Attachment 1 Addendum 2 Page 23 of 48 deadline for submission will be published by posting an Addendum to the ESBD. After the deadline for submission, if there are delays that significantly impact the anticipated award date, HHSC, at its sole discretion, may post updates regarding the anticipated award date to the Procurement Forecast on the HHS Procurement Opportunities web page. Each Respondent is responsible for checking the ESBD and Procurement Forecast for updates.

By submitting a Solicitation Response, Respondent represents and warrants that any individual submitting the Solicitation Response and any related documents on behalf of the Respondent is authorized to do so and to bind the Respondent under any Contract that may result from this Solicitation.

3.2 AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the Section 3.3.1 (Sole Point of Contact) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation in the manner and by the deadline described in Section 3.3.4 (Solicitation Questions).

Respondent submits a Solicitation Response at its own risk.

If Respondent fails to properly and timely notify the Sole Point of Contact Section 3.3.1 (Sole Point of Contact) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation, Respondent, whether awarded a Contract or not:

a. Waives any claim of error or ambiguity in the Solicitation and any resulting Contract;

b. Must not contest the interpretation by HHSC of such provision(s); and

c. Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

3.3 INQUIRIES

3.3.1 Sole Point of Contact

All requests, questions, or other communication about this Solicitation shall be made in writing to HHSC PCS, addressed to the person listed below (Sole Point of Contact). Additionally, a phone number is provided for purposes such as instructing a potential Respondent through an IT system or website referenced in this Solicitation. Communications via telephone are not binding.

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities

PCS 550 HHS RFP Template RFP No. HHS0014460, Attachment 1 Addendum 2 Page 24 of 48 of Contact in their automatic reply out-of-office e-mail message. Respondents seeking to contact the Sole Point of Contact should do so via e-mail in order to receive updated contact information.

Name Joseph Recio, CTCD

Title PCS Purchaser

Address Procurement and Contracting Services Building 1100 W 49th St. MC: 2020 Austin, TX 78756

Phone 512-438-5695

Email Joseph.recio@hhs.texas.gov

See also, Section 3.3.3 (Exception to Sole Point of Contact) below.

3.3.2 Prohibited Communication

Except as provided in Section 3.3.1 (Sole Point of Contact) and Section 3.3.3 (Exception to Sole Point of Contact), potential Respondents and Respondents are prohibited from any communication with HHSC regarding the Solicitation. HHSC its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through HHSC designated staff as provided by Section 3.3 (Inquiries). This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation. Failure to comply with these restrictions may result in disqualification of Respondent's Solicitation Response.

3.3.3 Exception to Sole Point of Contact

Exceptions to Section 3.3.1 are as follows:

a. Respondents with questions relating to the HUB Subcontracting Plan are permitted to direct those questions to the HUB coordinator at Bob.McCurdy@hhs.texas.gov.

b. Where it is expressly directed by the Sole Point of Contact that another designated HHSC representative may speak to the Respondent, such as during Contract negotiations.

Respondents are required to ensure that communications have been authorized by the Sole Point of Contact before engaging in such communication. Failure to comply with mailto:Bob.McCurdy@hhs.texas.gov

PCS 550 HHS RFP Template RFP No. HHS0014460, Attachment 1 Addendum 2 Page 25 of 48 this requirement may result in the disqualification of a Respondent’s Solicitation Response.

3.3.4 Solicitation Questions

HHSC will allow written questions and requests for clarification regarding this Solicitation.

Questions must be submitted by e-mail to the Sole Point of Contact (Section 3.3.1) by the deadline established in Section 3.1 (Schedule of Events). Responses to questions or other written requests for clarification will be consolidated and posted to the ESBD and will not be provided individually to requestors.

HHSC reserves the right to amend answers previously posted, prior to the Solicitation response deadline (Section 3.1). Amended answers will be posted on the ESBD. It is the Respondent's responsibility to check the ESBD. HHSC also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

a. All questions and requests for clarification must include the following information:

1. Solicitation number;

2. Solicitation package reference (page number, section, and exhibit or attachment, if applicable;

3. Question topic (e.g., “Schedule of Events,” or “Exhibit G – Cost Proposal”); and

4. Question for HHSC

b. Requestor contact information below must be included in the body of the e-mail and submitted with the question(s):

1. Company name;

2. Company representative name;

3. Phone number; and

4. E-Mail address.

Questions or requests for clarification received after the deadline in Section 3.1 (Schedule of Events), may be reviewed by HHSC but may not be answered. Only answers to questions submitted to the Sole Point of Contact in writing, in accordance with this section, are binding.

PCS 550 HHS RFP Template RFP No. HHS0014460, Attachment 1 Addendum 2 Page 26 of 48

3.4 PRE-PROPOSAL CONFERENCE

3.4.1 Attendance

HHSC PCS will conduct a pre-proposal conference. Attendance is optional but highly recommended as the pre-proposal conference will include the training on the proper completion of the HUB Subcontracting Plan. See Section 5.2 (HUB Subcontracting Plan).

In-person attendees are required to sign an attendance log prior to leaving the pre-proposal conference. Attendees to virtual pre-proposal conferences are required to send an email to the Sole Point of Contact (Section 3.3.1), advising of participation in the pre-proposal conference.

Attendees must provide their name, phone number, and name of the company they are representing regardless of whether the pre-proposal conference is in-person or virtual.

3.4.2 Conference Logistical Information

HHSC PCS will hold the pre-proposal [conference, teleconference, or webinar] on the date and time set out in Section 3.1 (Schedule of Events).

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact identified in Section 3.3.1 (Sole Point of Contact), at least seventy-two (72) hours before the meeting in order to have reasonable accommodations made by HHSC.

Webinar Information:

Attendees must register for the webinar no later than 05/6/2023 at 10:30 p.m. CST at the following link:

https://attendee.gotowebinar.com/register/4136069612756518747

After registration, participants will receive an e-mail with the actual link to the webinar.

3.4.3 Questions at Pre-Proposal Conference

a. Reference Section 3.3.4 (Solicitation Questions) for the required format and information to be provided for submission of questions and requests for clarification.

b. Attendees may submit questions in writing at the conference. All questions must be in the required format and include the information as referenced in Section 3.3.4 (Solicitation Questions).

c. During the conference, HHSC may provide responses to questions and requests for clarification, but only written responses posted by HHSC PCS as an Addendum to the

PCS 550 HHS RFP Template RFP No. HHS0014460, Attachment 1 Addendum 2 Page 27 of 48

Solicitation on the ESBD will be considered an official, binding update to the Solicitation.

d. HHSC reserves the right to amend, prior to the Solicitation Response Deadline, answers previously posted. Amended answers will be posted on the ESBD. Notification of posting will be in accordance with Section 3.1 (Schedule of Events).

e. Conversations with HHSC program area staff before or after the pre-proposal conference are prohibited.

3.5 SOLICITATION RESPONSE COMPOSITION

3.5.1 General Information

Failure to submit all required Solicitation Response documents in the required format(s) may result in disqualification of the Solicitation Response without further consideration (Section 3.6.3, Submission Checklist). Respondent shall prepare a Solicitation Response that clearly and concisely represents its qualifications and capabilities. Expensive bindings, colored displays, promotional materials, etc. are not necessary or desired. Respondent should focus on the instructions and requirements of the Solicitation.

3.5.2 Page Limit and Supporting Documentation

The narrative/technical proposal should not exceed Fifteen (15) pages and should be formatted for 8 ½" x 11" paper with 1-inch margins and typed in Times New Roman, 12-point font. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the Solicitation Response, with specific reference made to the file, page, section, and/or paragraph where the supporting information can be found.

3.5.3 Discrepancies

In the event of any discrepancies or variations between copies, HHSC is under no obligation to resolve the inconsistencies and may make its scoring and selection decisions accordingly, including the decision to potentially disqualify a Solicitation Response. If Respondent is required to designate an “Original” Solicitation Response but fails to do so, HHSC in its sole discretion, will determine the version to be used as the original or may disqualify the Solicitation Response.

If the Respondent submits a redacted Solicitation Response as the “Original,” HHSC will disqualify the Solicitation Response and it will not be evaluated. HHSC will not accept submissions after the “Deadline for Submission of Solicitation Responses” in the Schedule of Events (Section 3.1) to remedy discrepancies or variations in Solicitation Response submissions.

PCS 550 HHS RFP Template RFP No. HHS0014460, Attachment 1 Addendum 2 Page 28 of 48

3.5.4 Exceptions

Respondents are highly encouraged, in lieu of including exceptions in their Solicitation Responses, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 3.3.4 (Solicitation Questions).

No exception, nor any other term, condition, or provision in a Solicitation Response that differs, varies from, or contradicts this Solicitation will be considered to be part of any Contract resulting from this Solicitation unless expressly made a part of the Contract in writing by HHSC.

3.5.5 Assumptions

Assumptions must not be included in a Solicitation Response. All issues or questions that might be advanced or addressed by way of assumption must be submitted as questions or requests for clarification pursuant to Section 3.3.4 (Solicitation Questions). A Solicitation Response that includes assumptions may be rejected and the Respondent disqualified without further consideration. All assumptions included in a Solicitation Response are deemed rejected by

HHSC.

3.5.6 Binding Offer

A Solicitation Response should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated.

Furthermore, all Solicitation Responses constitute binding offers. Any Solicitation Response that includes any type of disclaimer or other statement indicating that the response does not constitute a binding offer may be disqualified.

If a Respondent’s ability to enter into a Contract is contingent upon any exception or assumption provided in accordance with Section 3.5.4 (Exceptions) or Section 3.5.5 (Assumptions), the Respondent may be disqualified from further consideration for Contract award.

3.6 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.6.1 Deadline

Solicitation Responses must be received at the address in Section 3.6.4 (Labeling and Delivery for USB Submission and…