ESBD_358159_1714765072325_Billing_and_Coding_Workshops_for_Hospitals ESBD.pdf

PCO 900 IFB Template Rev. 05/31/2022

Texas Department of Agriculture Purchasing and Contracting Office

1700 N. Congress Avenue Austin, Texas 78701

INVITATION FOR BID

5510000180

BILLING AND CODING WORKSHOP FOR RURAL HOSPITALS

NIGP Class-Items:

475-49 Instructional Aids and Training Program, Medical

972-55 Training, Non-State Employees

Procurement Schedule - All Times are Central Time Reference Section X for further information

IFB Issue Date May 3, 2024

Questions or Clarifications Submission Deadline May 9, 2024 03:00 PM CT

Agency Response to Questions May 13, 2024

Response Deadline May 20,2024 03:00 PM CT

IFB 5510000180 Texas Department of Agriculture

PCO 900 IFB Template Rev. 05/31/2022

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to this solicitation prior to submitting a response. The Bidder’s failure to periodically check the ESBD will in no way release the selected Contractor from “addenda or additional information” resulting in additional cost to meet the requirements of this solicitation.

Page intentionally left blank.

PCO 901 Formal IFB Template Page 3 of 19 Release 03/28/2024

TABLE OF CONTENTS

SECTION I – INTRO DUCT ION AN D SPE CI FI CATIO NS

1 INTRODUCTION

2 BACKGROUND

3 LEGAL AUTHORITY

4 DEFINITIONS

5 SPECIFICATIONS/STATEMENT OF WORK

6 CONTRACT TERM

7 INVOICING

8 NO EXCLUSIVITY IN AWARD

SECTION I I – ADMINISTRATIVE INFOR MATI ON

1 SCHEDULE OF EVENTS

2 INQUIRIES

3 SUBCONTRACTING AND HUB SUBCONTRACTING PLAN

4 SOLICITATION RESPONSE COMPOSITION AND DELIVERY

SECTION I I I – SOLIC ITAT ION RE SPONSE EVALUATION AND AW ARD PRO CE SS

1 EVALUATION CRITERIA

2 AWARD

SECTION IV – REQUIRE D BI DDER INFORM ATION

1 AFFIRMATIONS AND CERTIFICATIONS

2 HUB SUBCONTRACTING PLAN

3 COMPANY PROFILE

4 ETHICS AFFIRMATION

5 CONFLICT OF INTEREST

SECTION V – ADDI TIONAL TERMS AND CON DI TIONS

1 AMENDMENT

2 OFFER PERIOD

3 COSTS INCURRED

4 CONTRACT RESPONSIBILITY

5 ELECTRONIC AND INFORMATION RESOURCES (EIR) ACCESSIBILITY

6 BIDDER WAIVER – INTELLECTUAL PROPERTY

7 STATE AUDITOR’S OFFICE

8 INSURANCE

9 PROTEST

SECTION VI – SUBM I SSION CHE CKLIST

PCO 901 Formal IFB Template Page 4 of 19 Release 03/28/2024

SECTION I – INTRODUCTION AND SPECIFICATIONS

1 INTRODUCTION

Texas Department of Agriculture (TDA) is soliciting bids from qualified vendors to facilitate a billing and coding workshops for rural hospitals in Austin at a date determined by TDA/SORH after the contract resulting from this Invitation for Bid (IFB) is awarded.

The purpose of these workshops is to empower rural Texas hospitals with the education and knowledge required to:

1) ensure hospital documents are properly coded to the highest degree of accuracy possible;

2) ensure accurate, allowed revenue is obtained by a hospital by properly submitted claims to payers;

and

3) ensure hospital’s patient care is accurately and properly documented according to coding systems, to the highest degree possible.

This procurement shall be conducted in accordance with Texas Government Code, Title 10, Subtitle D, Chapters 2155, 2156, 2157, 2158, 2161 and any federal or state statutes, rules and/or procedures that apply to TDA.

BIDDERS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS SOLICITATION CAREFULLY AND

TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.

All costs associated with the solicitation must be included in the Bidder’s Offer. Proposals that do not meet all the requirements or contain all the required documentation specified in this solicitation may be rejected as non-responsive.

2 BACKGROUND

Established by the Texas Legislature in 1907, the Texas Department of Agriculture (TDA) was created to gather statistics on crops and livestock and to educate farmers on advanced farming methods and practices.

Over time, the department’s responsibilities expanded significantly, including the absorption of the Department of Rural Affairs and the State Office of Rural Health in 2011. Today, TDA performs a wide variety of regulatory, nutrition, economic development, and marketing activities, such as:

Regulating the growth and transport of agricultural commodities.

Administering federal and state nutrition assistance programs for children and adults.

Regulating agriculture-related activities in the marketplace to protect consumers, such as the sale of agricultural commodities and the use of pesticides.

Providing financial assistance to young farmers, rural healthcare facilities, and community infrastructure projects to promote economic development in rural Texas.

Promoting Texas agricultural products locally, nationally, and internationally.

The purpose of this workshop is to enhance the coding and billing skills of healthcare professionals within rural hospitals.

3 LEGAL AUTHORITY

This Invitation for Bids (IFB) is issued pursuant to TDA's authority in Chapter 12 of the Texas Agriculture Code and pursuant to Texas Government Code, Title 10, Subtitle D, Chapter 2155, Subchapter B, Sections

PCO 901 Formal IFB Template Page 5 of 19 Release 03/28/2024

2155.074 – 2155.075. Competitive bids will be received until the deadline set forth below in this IFB.

4 DEFINITIONS

The following words and terms shall have the following meanings unless the context clearly indicates otherwise. These definitions shall apply to this IFB, including the Terms and Conditions attached to the IFB, and any Contract or Amendment entered into by the parties as a result of this IFB.

1) Addendum means a written clarification or revision to the IFBs issued by the TDA. Bidders must acknowledge receipt of any addenda in the submission of the Bid.

2) Amendment means the final written agreement signed and dated by TDA and any Bidder(s) selected for an award as a result of this IFB subsequent to the effective date of the Contract, which amends, changes, extends, modifies, or revises the Contract.

3) Bid means the response submitted by a vendor to the TDA as a result of this solicitation.

4) Bidder means any person or vendor who submits a bid in response to this solicitation.

5) CMBL means the Centralized Master Bidders List, which is a public website comprised of businesses interested in contracting with the state. It can be used by Bidders to identify potential Bidders and Historically Underutilized Businesses.

6) Contract means the final written agreement signed and dated by TDA and the Bidder(s) selected for an award as a result of this IFB, and includes the IFB and all attachments, the bid(s) of any Bidder(s) selected for an award, any appendices, final offers, amendments to the solicitation, schedules, or special provisions incorporated into the contract.

7) Contractor means an entity or individual selected for an award as a result of this IFB and that enters into a Contract to complete the scope of work described in this IFB and the Contract.

8) Contract Manager means a person designated by TDA or Contractor that is responsible for invoicing and payment under the Contract, and for monitoring the overall progress of the scope of work required by the Contract. Either party may designate the same individual to be both the Contract Manager and the Project Manager.

9) Effective Date means the date TDA's Deputy Commissioner or duly authorized designee signs and dates a Contract resulting from this IFB.

10) ESBD or Electronic State Business Daily, means the public website for posting state contracting opportunities managed by the Comptroller of Public Accounts (CPA).

11) HUB means Historically Underutilized Business as defined by Chapter 2161 of the Texas Government Code.

12) Bidder means an entity or individual that submits a bid.

13) SafetyChain is the name of Safety Chain’s FSQA Platform produce inspector software from SafetyChain Software, Inc.

14) Solicitation means this IFB.

15) TAC means Texas Administrative Code.

16) TDA means the Texas Department of Agriculture. TDA may also be referred to as the "Department."

5 SPECIFICATIONS/STATEMENT OF WORK

5.1 SPECIFICATIONS

The Coding and Billing Training Workshop for Texas Rural Hospitals shall be for rural hospital coders, billers, PCO 901 Formal IFB Template Page 6 of 19 Release 03/28/2024 coding/billing managers, medical professionals, clinic providers, and other hospital personnel. At a minimum, the training curriculum must provide instruction on:

1) the revenue cycle, professional coding, and medical billing processes needed by rural hospital staff;

2) billing and reimbursement for swing bed, inpatient facility, outpatient facility, and hospital professional fees;

3) revenue codes and their relationship to Current Procedural Terminology (CPT) codes and Billing Compliance;

4) ways to improve current billing practices and systems to increase revenues;

5) identifying common issues that impact rural hospitals’ denied claims;

6) describing the key activities and common issues that affect members of the rural hospital workforce related to CPT, Healthcare Common Procedure Coding System Level 2 (HCPCS-II), and International Statistical Classification of Diseases and Related Health Problems (ICD) ICD-10-Clinical Modification and/or ICD-10 Procedure Coding System coding, billing, and clinical documentation activities with a focus on their impact on revenue, facility mission, and reporting;

7) Emergency Department Facility and Professional Fee Coding, Same Day Surgery and Anesthesia Coding, Hospital Professional Fee Coding, Swing Bed Facility Coding, Inpatient Facility Coding, and Outpatient Diagnostic/Ancillary Facility Coding;

8) Medical Billing to ensure that 100% of allowed revenue is realized by properly submitting billing claims to Medicare, Medicaid, commercial payers, and patients; and

9) Clinical Documentation Awareness to ensure that 100% of patient care is documented according to CPT code, HCPCS-2, and (ICD) ICD-10-CM and/or ICD-10 PCS.

10) Each workshop must be able to accommodate up to 175 participants;

11) The Successful Bidder (hereinafter referred to as “Contractor”) shall manage the participant registration process for each training workshop;

12) Contractor must collaborate with TDA/SORH to schedule the workshops between the dates of execution of a contract and August 31, 2024;

13) Contractor shall collaborate with TDA/SORH (as necessary) in identifying viable locations for the workshops; however, Successful Bidder will not be responsible for securing a facility for the workshops.

Successful Bidder will not be responsible for the audio/video equipment and will be notified of available audio/video equipment located at the facilities by SORH;

14) Contractor shall provide promotional materials, including, but not limited to, agenda and informational flyer that can be emailed to Texas rural hospitals by SORH. Contractor will also provide a list of recommended/required training materials needed for the training workshop, if applicable;

15) Each workshop shall be no longer than a total of sixteen (16) hours over a two-day period;

16) Contractor shall provide the opportunity for an optional exam to receive a Rural Health Coding and Billing

Specialist certification free of charge to participants desiring to obtain a certification;

17) Contractor shall provide Continuing Education Credits (CEC) or Continuing Medical Education (CME) credits to all eligible workshop participants who desire to obtain credits. Contractor shall be responsible for ensuring that workshop participants receive the CEC or CME credits and providing a list of who received the credit(s) to TDA/SORH;

18) Contractor shall create and distribute training workshop evaluation surveys (to be approved by TDA/SORH) and provide copies of the completed surveys and an analysis of the results to SORH. In addition, a list of workshop participants, and their contact information, shall be submitted to SORH for each workshop;

19) Contractor shall submit all invoices no later than August 31, 2024. TDA/SORH shall pay the invoice upon the receipt and approval of all required documents; and

20) Contractor shall be responsible for all travel expenses, including meals and hotel accommodations, for its employees associated with implementation of this workshop.

5.2 QUALIFICATION AND EXPERIENCE

Submitted proposals shall include the following:

PCO 901 Formal IFB Template Page 7 of 19 Release 03/28/2024

• Details on relevant experience in conducting similar training programs.

• Outline of the proposed curriculum and training methodologies.

• Information on the qualifications, certification(s) and experience of instructors who will be leading the workshop.

6 CONTRACT TERM

6.1 INITIAL CONTRACT TERM:

The contract, if any resulting from the award of this IFB, shall commence on effective date and continue through 8/31/2024, unless terminated earlier under the terms of the Contract. Any work done outside of the period of performance shall be provided at no cost to TDA.

6.2 RENEWAL OPTION:

The contract does not include an option to renew.

6.3 CONTRACT EXTENSIONS:

In the event that the contract(s), if any, resulting from the award of this IFB shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified products and/or services, TDA may, with the prior written consent of the Contractor, extend the Contract for a period of time as may be necessary to permit TDA continued supply of the identified products and/or services (not to exceed twelve month extension period). Any extensions shall be at the same terms and conditions, plus any approved changes.

6.4 TERMINATION:

The contract, if any resulting from the award of this IFB, shall terminate upon full performance of all requirements contained in the contract, unless otherwise renewed or extended, as provided in accordance with the contract terms and conditions.

7 INVOICING

Contractors must submit payment requests based on the deliverables and Service Level Expectations.

Invoices must be submitted within 30 days after delivery of product or service. Each invoice must prominently display the Purchase Order number, include details for each expense consistent with the solicitation requirements, acceptance date of the delivery, provide any discount for early payment, and provide any other information requested by TDA.

Invoices must be submitted to Invoices@TexasAgriculture.gov in order to receive payment for services rendered under the terms of the contract and to be accepted by TDA.

8 NO EXCLUSIVITY IN AWARD

There shall be no exclusivity under any Contract awarded pursuant to the terms of this IFB. TDA may re-solicit the services under this IFB at any time for any reason if it is in the best interests of TDA, or the State to do so.

PCO 901 Formal IFB Template Page 8 of 19 Release 03/28/2024

SECTION II – ADMINISTRATIVE INFORMATION

1 SCHEDULE OF EVENTS

TDA intends to proceed according to the following schedule. These dates represent a tentative schedule of events. TDA reserves the right to change the dates in the schedule of events above upon written notification to prospective Bidders through a posting on the Electronic State Business Daily as an Addendum.

Event Date/Time

IFB Publication on the Electronic State Business Daily (ESBD) at http://www.txsmartbuy.com/esbd May 3, 2024

Deadline for Questions: May 9, 2024 3:00 PM CT

Q&A Addendum Posted on ESBD: May 13, 2024 (estimated)

Response Due Date: May 20, 2024 3:00 PM CT

Beginning Date of Contract: June 5, 2024

2 INQUIRIES

2.1 SOLE POINT OF CONTACT

All requests, questions, or other communications about this IFB must be made in writing to TDA’s Purchasing and Contracting Office, addressed to the following person:

Alfredo Aguirre Jr., CTCM Alfredo.aguirre@texasagriculture.gov

Texas Department of Agriculture 1700 N. Congress, 11th Floor

Austin, TX 78701

2.2 QUESTIONS AND CLARIFICATIONS:

TDA will allow written questions and requests for clarification of this Solicitation. Questions must be e-mailed to the Contact listed above. Questions must be submitted on Exhibit E, Bidder Solicitation Questions Form of this solicitation. Responses to questions or other written requests for clarification will be posted on the ESBD.

Note: Questions or other written requests for clarification must be received by the Sole Point of contact by the deadline set forth in Section II, Paragraph 1 of this Solicitation.

2.3 CHANGES, AMENDMENT OR MODIFICATION TO SOLICITATION

In order to ensure that no prospective Bidder may obtain a competitive advantage because of acquisition of information unknown to other prospective Bidders, TDA will provide any additional information that is different from or in addition to, information provided in the IFB only in response to written inquiries. TDA will provide answers to all such inquiries via an Addendum on the Electronic State Business Daily (ESBD) at http://www.txsmartbuy.com/sp. Names of prospective Bidders will be removed from questions in the responses released. TDA reserves the right to amend answers prior to the response submission deadline. If prospective Bidders do not have Internet access, copies may be obtained through the point of contact listed above.

Note: It is the responsibility of interested parties to periodically check the ESBD for updates to the

PCO 901 Formal IFB Template Page 9 of 19 Release 03/28/2024 procurement prior to submitting a response. Failure to periodically check the ESBD will in no way release the selected Bidder from “Addenda or additional information” resulting in additional costs to meet the solicitation requirements.

2.4 INFORMALITIES

TDA reserves the right to waive minor informalities in a response to this Solicitation if it is in the best interest of the Department. A "minor informality" is an omission or error that, in TDA’s sole determination if waived or modified when evaluating responses to the Solicitation, would not give a Bidder an unfair advantage over other Bidders or result in a material change in the response to the Solicitation or Solicitation requirements.

2.5 PROHIBITED COMMUNICATIONS

Upon issuance of this Solicitation, TDA or its representative(s) will not answer questions or otherwise discuss the contents of this Solicitation with any potential bidder or its representative(s), except for the written inquires described in Section II, Subsection 2.2 Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Bidder. Bidder shall rely only on written statements issued through or by TDA’s Purchasing and Contracting Office staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

2.6 EXCEPTION TO THE SOLE POINT OF CONTACT – HUB COORDINATOR

The only exceptions to the sole point of contact are the HUB Coordinator, or, if expressly directed by the sole point of contact, another designated Department representative, e.g., during contract negotiations, if allowed due to the circumstances of this procurement; generally, negotiations are not allowed when soliciting with the Invitation for Bids method and there should be no expectation by Bidders that negotiations will be allowed for this procurement. Should Bidders have questions regarding proper completion of the HUB Subcontracting Plan, the HUB Coordinator may be contacted at HUB@texasagriculture.gov. The sole point of contact reflected in Section II, Subsection 2.1, must be copied on the e-mail.

3 SUBCONTRACTING AND HUB SUBCONTRACTING PLAN

Refer to Exhibit A – Execution of Offer, Affirmation of Terms and Conditions, and Bid Preferences Paragraph 78 – Subcontractors.

1) Bidder must complete, show a Good Faith Effort, sign, and submit a HUB Subcontracting Plan, Exhibit B1, with their response submission and in accordance with the following instructions. FAILURE TO COMPLETE AND SUBMIT THE HUB SUBCONTRACTING PLAN (HSP) WITH THE IFB RESPONSE WILL RESULT IN

DISQUALIFICATION OF THE RESPONSE FROM CONSIDERATION.

2) In accordance with Texas Gov't Code §2161.252 and 34 Texas Administrative Code §20.14, TDA has determined that subcontracting opportunities are probable under this contract, and that the contract value may exceed $100,000. This probability is based on HUB availability, HUB utilization, geographic location of the project, the contractual scope of work, or other factors. TDA estimates the value of this contract to be greater than $100,000 and further sets the HUB subcontracting goal at 26 % of the contract’s value.

3) It is the Bidder’s determination if they choose to subcontract any of the work under the contract with a Texas Certified Historically Underutilized Business (HUB) or other businesses. The Bidder shall identify all proposed HUB and other subcontractors at the time of response submittal by completing and submitting Exhibit B1 – HUB Subcontracting Plan.

4) A list of HUB subcontractors that may be able to perform the work identified as areas with potential subcontracting opportunities is attached to the HUB Subcontracting Plan forms. Bidders may also access a list of HUB subcontractors who may be able to perform this work by searching the Centralized Master Bidder’s List (CMBL), as maintained by the Texas Comptroller of Public Accounts. The main CMBL search

PCO 901 Formal IFB Template Page 10 of 19 Release 03/28/2024 page is located here: https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp.

5) For a list of minority and women trade organizations and development centers that you may contact to announce your opportunity (as specified in the HSP, Method B)visit:

https://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php.

6) Bidders are highly encouraged to contact TDA HUB Coordinator at (512) 463-5936 or hub@texasagriculture.gov for assistance with completing the HSP forms, obtaining HUB lists if web access is not possible, and/or further explanation of the TDA HUB program.

7) HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report (PAR):

After award of the contract, the Contractor shall report all HUB and non-HUB subcontractor information using the HSP Prime Contractor Progress Assessment Report form. The report shall be submitted to the TDA HUB Program monthly. The report shall be submitted monthly even during the months the Contractor is not invoicing TDA.

All payments made to subcontractors shall be reported. TDA may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors.

4 SOLICITATION RESPONSE COMPOSITION AND DELIVERY

4.1 RESPONSE SUBMISSION

The Bidder is solely responsible for ensuring that the electronic response is complete and submitted to and RECEIVED by TDA before the Response Deadline identified in the Procurement Schedule (cover page) or deadline established in subsequent Addenda. TDA is not responsible for lost, misdirected or late Responses. Late Responses will be disqualified.

The Response, including all documentation required by this Solicitation and Appendix, must be sent in its entirety in one or more e-mails as warranted by the size of each attachment.

Responses sent by e-mail must be sent to: bidroom@texasagriculture.gov

A. E-mail Subject Line

The e-mail subject line must contain the Solicitation number, title as indicated on the cover page and number quantity of e-mails if more than one (e.g., 1 of #, etc.).

B. Body of E-mail

The body of each e-mail must include the following information:

Bidder’s name Contact Name for Response Phone number for Response Contact Solicitation number from cover page Purchaser Name (Sole Point of Contact, Section II, Paragraph 2.1).

TDA takes no responsibility for e-mailed Responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any TDA anti-virus or other security software.

C. Additional Information Regarding Electronic Submission by E-Mail

All documents should be submitted in Microsoft office® formats (Word® and Excel®, as applicable) or in a form that may be read by Microsoft office® software. Any documents with signatures shall be submitted as an Adobe® portable document format (pdf) file. TDA is not responsible for documents that cannot be read or converted. Unreadable Responses may be, in TDA’s sole discretion, rejected as nonresponsive.

PCO 901 Formal IFB Template Page 11 of 19

D. Email Attachment Naming Convention

Respondents must name email attachments in accordance with Response Checklist, Section VII.

Example: The respondents Execution of Response may be submitted in PDF format with PDF name of Exhibit A.pdf.

E. By submitting a proposal, permissions to edit, print, copy, and distribute as authorized under public information or other law is given to TDA. Two (2) versions of the proposal must be submitted on approved electronic media as described below.

a. One original proposal, including all attachments (Original Proposal) and identifies claimed proprietary or confidential information, if any, by highlighting such claimed information and clearly labelling it as proprietary, confidential, or both in a comment. The Original Proposal must be in portable document format (PDF) or Microsoft Word and accessible (no password) to TDA staff.

b. One redacted copy of the entire proposal that makes the claimed confidential or proprietary information, if any, unreadable. Redaction can be made in MS Word™ by highlighting the confidential words in black. Adobe™ also has a redaction feature. If no proprietary or confidential information is claimed in the Original Proposal, then submission of a copy of the Original Proposal with redactions is not required.

1) Electronic Copies

By submitting a proposal, permissions to edit, print, copy, and distribute as authorized under public information or other law is given to TDA. Two (2) versions of the proposal must be submitted on approved electronic media as described below.

a. One original proposal, including all attachments (Original Proposal) and identifies claimed proprietary or confidential information, if any, by highlighting such claimed information and clearly labelling it as proprietary, confidential, or both in a comment. The Original Proposal must be in portable document format (PDF) or Microsoft Word and accessible (no password) to TDA staff.

b. One redacted copy of the entire proposal that makes the claimed confidential or proprietary information, if any, unreadable. Redaction can be made in MS Word™ by highlighting the confidential words in black. Adobe™ also has a redaction feature. If no proprietary or confidential information is claimed in the Original Proposal, then submission of a copy of the Original Proposal with redactions is not required.

TDA will not be held responsible for any Solicitation Response that is mishandled prior to receipt by TDA. It is Respondent’s responsibility to mark appropriately and deliver the Solicitation Response to TDA by the specified date and time. TDA will not be responsible for any technical issues that result in late delivery, inappropriately identified documents, or other submission error that may lead to disqualification (including substantive or administrative) or nonreceipt (in whole or in part) of the Respondent’s proposal.

4.2 CONFIDENTIAL OR PROPRIETARY INFORMATION

4.2.1 Public Information Act

A. Bidder Requirements Regarding Disclosure

Proposals and any resulting contracts are subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552, and may be disclosed to the public upon request. Other

PCO 901 Formal IFB Template Page 12 of 19 Release 03/28/2024 legal authority also requires TDA to post certain contracts and Solicitation responses on its public website and to provide such information to the Legislative Budget Board for posting on its website.

TDA will strictly adhere to the requirements of the PIA regarding the disclosure of public information. As a result, by participating in this solicitation process, Bidder acknowledges that all information, documentation, and other materials submitted in the Solicitation Response in response to this Solicitation may be subject to public disclosure under the PIA. TDA does not have authority to agree that any information submitted will not be subject to disclosure.

Disclosure is governed by the PIA and by rulings of the Office of the Texas Attorney General.

TDA assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Bidder.

Under the PIA, all information held by governmental bodies is open to public disclosure unless it falls within one of the PIA's specific exceptions to disclosure. If Bidder asserts that information provided in its Solicitation Response is exempt from disclosure under the PIA, Bidder must:

1) Mark Original Proposal

a. Mark the Original Proposal, on the top of the front page, the words “CONTAINS CONFIDENTIAL OR PROPRIETARY INFORMATION” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger); and

b. Mark the bottom of each page on the Original Proposal that contains information Bidder claims is exempt from public disclosure with the words “CONTAINS CONFIDENTIAL OR

PROPRIETARY INFORMATION”;.

2) Certify in Original Solicitation Response – attached as per 1.c Table for Contents and Order Proposal, Exhibit C Price Sheet to this Solicitation.

Certify, in the designated section of the Contract Affirmations, Bidder’s confidential information assertion and the filing of its Public Information Act Copy;

3) Submit a separate “Public Information Act Copy” of the Original Proposal (in addition to the original and all copies otherwise required under the provisions of this Solicitation). The Public Information Act Copy must meet the following requirements:

a. The copy must be clearly marked as “Public Information Act Copy” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger);

b. Each portion Bidder claims is exempt from public disclosure must be redacted (blacked out);

c. The copy must contain contact information for a named individual designated to respond to inquiries regarding public information requests, including a phone number and email address, so that TDA may contact Bidder concerning any public information requests it receives for Bidder’s Proposal; and

d. The only difference in required markings and information between the Original Proposal and the “Public Information Act Copy” of the proposal will be redactions - which can only be included in the “Public Information Act Copy “and contact information for a named individual designated to respond to inquiries regarding public information requests. There must be no redactions in the Original Proposal.

B. Bidder should not submit a Public Information Act Copy indicating that the entire proposal is exempt from disclosure. Merely making a blanket claim that the entire proposal is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable. By submitting a response to this Solicitation, Bidder

PCO 901 Formal IFB Template Page 13 of 19 Release 03/28/2024 agrees that, if Bidder does not mark the Original Proposal contains information claimed as proprietary, confidential, or both; provide the required certification; and submit a Public Information Act Copy, Bidder’s Solicitation Response may be considered to be public information that may be released to the public without notice to the Bidder.

C. For more information concerning the types of information that may be withheld under the PIA or questions about the PIA, refer to the Public Information Act Handbook published by the Office of the Texas Attorney General or contact the attorney general’s Open Government Hotline at

(512) 478-OPEN (6736) or toll-free at (877) 673-6839 (877-OPEN TEX). To access the Public Information Act Handbook, visit the attorney general’s website at http://www.texasattorneygeneral.gov.

D. Solicitation Responses should not be marked or asserted as copyrighted material. If Bidder asserts a copyright to any portion of its proposal, by submitting a proposal, Bidder agrees to reproduction and posting on public websites by the State of Texas, including TDA and all other state agencies, without cost or liability.

4.3 DELIVERY OF RESPONSES

4.3.1 Responses may be returned via E-mail to bidroom@texasagriculture.gov. Due to the uncertainty surrounding the Coronavirus (COVID-19), E-mail submittals are preferred and highly encouraged for this solicitation. However, if a Vendor is unable to submit electronically, please notify Point of Contact, Section II, Paragraph 2.1, of the intent for a hard copy delivery. Late responses will not be considered under any circumstance. Bids shall be submitted to TDA by one of the following methods:

4.3.2 Vendors are responsible for all costs of response preparation.

4.3.3 Telephone and facsimile responses are NOT acceptable forms of submission. All submitted responses become the property of TDA after the IFB submittal due date/ deadline. Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TDA, whichever is earlier.

SECTION III – SOLICITATION RESPONSE EVALUATION AND AWARD PROCESS

1 EVALUATION CRITERIA

1.1 CONFORMANCE WITH STATE LAW

Responses shall be evaluated in accordance with Texas Government Code, Sections 2155.074, 2155.075(a), 2155.144, and Sections 2155.074 and 2157.003 provide the best value standard for the purchase of goods or services and for the award, which includes consideration of the purchase price and whether the Bidder meets all requirements of this Solicitation. TDA shall not be obligated to accept the lowest priced response to this Solicitation but shall make an award to the Bidder that provides the best value to the State of Texas.

1.2 MINIMUM QUALIFICATIONS

1. Eligibility to do Business in the State of Texas

Prior to contract award under this solicitation, Contractor must:

A. Have a current Texas Identification Number issued by the Texas Comptroller of Public Accounts (CPA);

B. Be current in all required business filings, including franchise tax filings, with the CPA and the

PCO 901 Formal IFB Template Page 14 of 19 Release 03/28/2024

Texas Secretary of State;

C. Be current in the payment of all local or State of Texas taxes and fees; and D. Be registered by the Secretary of State as a foreign entity authorized to do business in Texas if incorporated in a jurisdiction outside of Texas. See statutory requirements in Chapter 9 of the Texas Business Organizations Code if meeting the definition of a foreign entity defined by Section 1.002(28) of the Texas Business Organizations Code.

E. Failure to meet the requirements will result in disqualification of the Proposal and/or termination of an award or Contract resulting from this solicitation. Proof of compliance with the above Eligibility Requirements must be confirmed prior to award.

2. Minimum Qualifications and Experience and Past Performance:

Bidders must provide detailed information to substantiate it has qualifications, experience and past performance necessary to provide the deliverables requested in this solicitation. Furthermore, solicitation responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential Contract may be rejected, in the sole discretion of TDA. Bidder must provide evidence of its services capabilities, including but not limited to:

Submitted proposals shall include the following:

A. Details on relevant experience in conducting similar training programs:

B. Outline of the proposed curriculum and training methodologies; and C. Information on the qualifications, certification(s) and experience of instructors who will be leading the workshop.

1.3 COST

Bidder must submit a price sheet for the coding and billing training workshops for Texas Rural Hospitals listed in Section I, Subsection 5, Specifications, in the format set forth in Exhibit C, Price Sheet.

Bidders should provide information about their discounts and pricing breakpoints.

1.4 INITIAL COMPLIANCE SCREENING

TDA will perform an initial screening of all responses to the Solicitation received. Unsigned responses to the Solicitation, and responses to the Solicitation that do not meet Section III, Paragraph 1.2 above and/or do not include all required forms and information may be subject to rejection without further evaluation.

1.5 QUESTIONS OR REQUESTS FOR CLARIFICATION BY TDA

TDA reserves the right to ask questions or request clarification from any Bidder at any time during the Solicitation process.

2 AWARD

TDA reserves the right to award a contract to a single Vendor, or award to more than one Vendor, whichever provides the best value to TDA in performance of this service. TDA will be the sole judge of best value.

SECTION IV – REQUIRED BIDDER INFORMATION

Bidder must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified goods or services on time.

1 AFFIRMATIONS AND CERTIFICATIONS

Bidder must complete and return the following listed forms:

PCO 901 Formal IFB Template Page 15 of 19 Release 03/28/2024

A. Exhibit A- Execution of Offer, Affirmation of Terms and Conditions and Bid Preferences

B. Exhibit K – Data Security Requirements

2 HUB SUBCONTRACTING PLAN

Complete Exhibit B1 – HUB Subcontracting Plan. Reference Section II, Paragraph 3.

3 COMPANY PROFILE

A. Complete Exhibit D - Vendor Information & Evaluation Preferences.

B. An organization chart that shows the reporting hierarchy of firm staff and sub-contracted staff.

4 ETHICS AFFIRMATION

In submitting a bid in response to this IFB, Contractor affirms that it has not given, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or any employee or representative of same, in connection with this procurement.

5 CONFLICT OF INTEREST

In submitting a bid in response to this IFB, Contractor represents and warrants to TDA that it and each of its Bidders have the requisite resources, qualifications, and independence to perform the services free from outside direction, control, or influence, and subject only to the accomplishment of TDA’s objectives. Bidders that cannot make this representation and warranty should not respond to this IFB.

5.1 DISCLOSURE OF EXISTING OR POTENTIAL CONFLICTS

A. In its bid each Bidder must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to its submission of a proposal, possible selection as Contractor or its performance of the Contract. Bidders must disclose any proposed personnel under the Contract who are current or recent former employees of TDA or the State of Texas. Recent former employees are defined below. In Exhibit H, TDA Key Contracting Persons Disclosure Statement, a list of current employees with a role or potential to have a role in development, management, or enforcement of the Contract is provided. Any other existing or potential conflicts can be added to Exhibit H for compliance with this Section. Pursuant to Section

2252.901 of the Texas Government Code, Bidders shall make full disclosure of a former or retired employee of TDA that is the Bidder’s agent, consultant, contractor, or employee, or that Bidder intends to employ or retain as a contractor. Within the first twelve months of leaving employment at TDA, a former or retired TDA employee shall not perform services on a project, or fill a position with Bidder, that the former or retired TDA employee worked on or held while employed at TDA.

B. As part of this disclosure requirement, each Bidder must include in its proposal all past and present contractual, business, financial or personal relationships between Bidder and TDA and between Bidder’s proposed agents, consultants, contractors and employees, if any, and TDA. For purposes of this disclosure requirement, “past” is defined as within the two (2) calendar years prior to the deadline for submission of proposals in response to this IFB. For purposes of this disclosure requirement, “TDA” includes the Texas Commissioner of Agriculture and the agency’s current or recent former employees.

“Recent former employee” is an individual who resigned or terminated employment with TDA within the two (2) calendar years prior to the deadline for submission of proposals in response to this IFB.

For each item, Bidder must provide a detailed explanation of why Bidder does or does not believe such item poses a conflict of interest, potential conflict of interest, or appearance of impropriety issue relative to Bidder’s submission of a proposal, possible selection as Bidder or its performance of the Contract.

C. Disclosures under this Section (Exhibit H: Key Contracting Persons Disclosure Statement) will be

PCO 901 Formal IFB Template Page 16 of 19 Release 03/28/2024 evaluated by TDA. An actual or perceived conflict of interest will not necessarily lead to a restriction or disqualification. Issues will be considered on a case-by-case basis in the best interests of the agency and the State of Texas. If a Bidder is in doubt about whether information should be disclosed, Bidder should consult with its legal counsel. Failure to disclose any information required under this section may be cause for proposal disqualification or termination of a Contract. TDA reserves the right, in its sole and absolute discretion, to determine if an issue should result in proposal disqualification or contract termination.

5.2 RELATIONSHIPS DEFINED

For purposes of this IFB, “personal relationship” is defined as a current or past association other than a clearly contractual, business, financial or similar relationship and includes family relationships or other connections that are more significant than simply providing a response to this IFB. For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity. Chapter 573 of the Texas Government Code defines relationships that are within the third degree of consanguinity or the second degree of affinity.

Associations other than family relationships fall within this definition and must be disclosed if a reasonable person could expect the connection to diminish Bidder’s independence of judgment or effectiveness in the performance of Bidder’s responsibilities to TDA or the state under the Contract.

Connections also fall within the scope and requirements of this section if a reasonable person could expect the connection to create a potential appearance of impropriety or conflict of interest. A relationship between TDA and another State of Texas employee may constitute a conflict of interest if the other State of Texas employee has a relationship with Bidder that could be used to influence an individual with authority to make decisions or recommendations on state contracting, procurement or this IFB. Those persons with authority to make such decisions or recommendations are those persons who fall within the definition of “purchasing personnel” in Section 2262.004(a)(2) of the Texas Government Code.

5.3 CONTINUING DUTY TO DISCLOSE

Contractor has a continuing duty to disclose an actual or perceived conflict of interest if circumstances change or additional information is obtained subsequent to submission of a bid. A Contractor is under a continuing duty to disclose an actual or perceived conflict of interest as described in this section throughout the term of the Contract and any renewal. The duty to disclose an actual or perceived conflict of interest does not end with submission of a bid or receipt of contract award.

SECTION V – ADDITIONAL TERMS AND CONDITIONS

The Bidder must abide by all established TDA rules, processes, and standards, as well as any changes during the contract term.

1 AMENDMENT

TDA reserves the right to alter, amend or modify any provision of this Solicitation, or to withdraw this Solicitation, at any time prior to award, if it is in the best interest of Department or the State.

2 OFFER PERIOD

Responses to the Solicitation shall be binding for a period of 90 calendar days after the due date for submission of bids. Each Bidder may extend the time for which its response to the Solicitation will be honored. Upon Contract execution, prices agreed upon by the Bidder(s) are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Respondent unless expressly agreed upon in writing by the TDA.

PCO 901 Formal IFB Template Page 17 of 19 Release 03/28/2024

3 COSTS INCURRED

Bidders understand that issuance of this Solicitation in no way constitutes a commitment by TDA to award a Contract or to pay any costs incurred by a Bidder in the preparation of a response to this Solicitation. TDA is not liable for any costs incurred by a Bidder prior to issuance of or entering into a formal agreement, Contract, or purchase order. Costs of developing responses to the solicitation, preparing for or participating in oral presentations and site visits, or any other similar expenses incurred by a Bidder are entirely the responsibility of the Bidder, and will not be reimbursed in any manner by the Department or the State of Texas.

4 CONTRACT RESPONSIBILITY

TDA will look solely to Bidder for the performance of all contractual obligations that may result from an award based on this Solicitation. Bidder shall not be relieved of its obligations for any nonperformance by its subcontractors.

5 ELECTRONIC AND INFORMATION RESOURCES (EIR) ACCESSIBILITY

Under Texas Government Code, Chapter 2054, Subchapter M, state agencies must procure EIR that complies with the Texas Department of Information Resources’ accessibility standards for state agencies established in the Texas Administrative Code, Title 1, Chapters 206 and 213, and WCAG 2.0 AA as applicable, and when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation.

Accordingly, all Bidders must submit a completed Voluntary Product Accessibility Template (VPAT) form or links to completed VPATs located on manufacturer websites for each proposed product or product family prior to an award for the proposed product or product family. Bidders who do not already have accessibility documentation should complete the form located here: http://www.itic.org/public-policy/accessibility. Bidders that claim their products are exempt from accessibility requirements must present that position to TDA as a question during the question-and-answer period of the solicitation.

For service offerings (such as IT related development services, services that include user accessed, online components, etc.), Bidders should document their capability or ability to produce accessible electronic and information resources.

6 BIDDER WAIVER – INTELLECTUAL PROPERTY

SUBMISSION OF ANY DOCUMENT TO TDA IN RESPONSE TO THIS SOLICITATION CONSTITUTES AN IRREVOCABLE WAIVER, AND AGREEMENT BY THE SUBMITTING PARTY TO FULLY INDEMNIFY THE DEPARTMENT AND THE STATE OF TEXAS FROM, ANY CLAIM OF INFRINGEMENT AGAINST TDA REGARDING THE INTELLECTUAL PROPERTY RIGHTS OF THE SUBMITTING PARTY OR ANY THIRD PARTY FOR ANY MATERIALS SUBMITTED TO TDA BY THE SUBMITTING

PARTY.

7 STATE AUDITOR’S OFFICE

In accordance with Texas Government Code, Section 2262.154, Bidder understands that acceptance of state funds under this Contract acts as acceptance of the authority of the Texas State Auditor’s Office (SAO), under the direction of the legislative audit committee, to conduct an audit or investigation of any entity in connection with receipt of state funds directly under the Contract. Bidder further agrees to cooperate fully with the SAO in the conduct of the audit or investigation, including providing all records requested and access to any information that SAO considers relevant to the audit or investigation. Bidder will ensure that this clause concerning the SAO’s authority to audit or investigate use of state funds and the requirement to cooperate fully with the SAO is included in any subcontracts Bidder awards. Additionally, the SAO shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, audit documentation, and records of the Bidder relating to the Contract for any purpose.

8 INSURANCE

PCO 901 Formal IFB Template Page 18 of 19 Release 03/28/2024

For the duration of any Contract resulting from this Solicitation, Bidder shall acquire insurance, bonds, or both, if applicable with financially sound and reputable independent insurers, in the type and amount customarily carried within the industry, in accordance with Exhibit L, Insurance Requirements. Failure to maintain required insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of Contract.

9 PROTEST

If a Bidder wishes to file a protest, they may do so in accordance with TDA’s rules available at Texas Administrative Code, Title 4, Chapter 1, Subchapter Q.

IFB 551-22-03082 Texas Department of Agriculture

PCO 901 Formal IFB Template Page 19 of 19

SECTION VI – SUBMISSION CHECKLIST

This checklist is provided for Bidder's convenience only and identifies documents that are requested in this Solicitation.

IFB Section # Reference

Submission List Information, Required or Optional

Section V Exhibit A - Execution of Offer, Affirmation of Terms and Conditions and Preferences

Required

Section II, Subsection 3

Exhibit B – HUB Subcontracting Plan (HSP) Information

Section III, Subsection 1.3 Exhibit C – Price Sheet

Section V Exhibit D – Vendor Information and Evaluation Preferences

Section II, Subsection 2.2

Exhibit E – Bidder Solicitations Questions Form Optional

Section V, Subsection 5 Exhibit H -Key Contracting Persons Disclosure Statement

Section VI, Subsection 8

Exhibit L – Insurance Requirements Information

Section II,…