ESBD_374770_1724789264977_TMD24-FIN-0036094 Medical Testing & Drug Screening.pdf

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TEXAS MILITARY DEPARTMENT

SOLICITATION

NIGP CODES

948-74: Professional Medical Services: Physicians, Pharmacists, and All Specialties 952-07: Alcohol and Drug Testing Services 961-30: Employment Agency and Search Firm Service, Including Background Investigations and Drug Testing for Employment

SOLICITATION NO.

TMD24-FIN-0036094

TYPE OF SOLICITATION

Request for Qualifications (RFQ)

DATE ISSUED

08/27/2024

REQUEST FOR QUALIFICATIONS (RFQ) – MEDICAL TESTING AND DRUG SCREENING

Respondent must submit their responses via email to:

Procurement@military.texas.gov no later than 2:00 P.M. CST on 09/19/2024

FOR INFORMATION CONTACT:

Rhonda Gips

Purchaser, CTCD, CTCM

Contract Administrator

PHONE: (512) 782-6129

EMAIL: Procurement@military.texas.gov

RESPONSE (Respondent must sign)

DISCOUNT FOR PROMPT PAYMENT:➔ 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

(Respondent acknowledges receipt of Solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF RESPONDENT:➔

RESPONSE DATE

TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, and REMEDIES By signing this document, Vendor represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate.

Failure to sign will disqualify response. Texas Military Department (TMD) may pursue and enforce any available remedies against the Contractor for making false statements, including disqualifying the Contractor’s response, immediately cancelling any Contract awarded to Contractor, or recommending State of Texas debarment.

TERM, PRICING, and FUNDING The initial Contract term is effective on the effective date stated in the notice of award (or purchase order if there is no notice of award) and expires one (1) year from that effective date. Additionally, the Contract has three (3) one (1) year optional renewal periods available, which TMD solely reserves the right to exercise one (1) optional renewal period at a time.

If necessary, at the end of the last optional renewal period, TMD may also extend the Contract as described in the Section entitled “Option to Extend Services”.

TMD will not allow changes after the Date of Award to terms and/or pricing. Contractor may negotiate price at time of renewal/extension (if applicable). The continuation of the Contract for any period is subject to the availability of TMD’s funding source for the Contract.

mailto:Procurement@military.texas.gov

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ANTICIPATED SCHEDULE OF EVENTS

TMD currently anticipates that the selection of successful Respondents and award of the Contract, if any, will proceed according to the following schedule:

INTENTIONALLY LEFT BLANK

Date Time CST EVENTS

08/27/2024 Solicitation Posted to ESBD

09/04/2024 2:00 pm Last day to submit written questions for clarification to TMD

09/12/2024 Estimated date for TMD to post Question and Answer (Q&A) document to ESBD

09/19/2024 2:00 pm Deadline for TMD to receive Solicitations

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ANTICIPATED SCHEDULE OF EVENTS

SECTION A—DEFINITIONS

SECTION B— GENERAL REQUIREMENTS

B.1 TMD OBJECTIVES

B.2 DURATION

B.2.1 Initial Contract Term and Renewal

B.2.2 Option to Extend

B.3 INVOICE REQUIREMENTS

B.4 PAYMENTS

B.4.1 Billing and Payment

B.4.2 Payment Adjustment

B.4.3 Late Payment

B.4.4 Deductions for Unacceptable Compliance

B.4.5 Withholding of Payment

B.4.6 Debts and Delinquencies

B.4.7 Right to Offset

SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

C.2 STATEMENT OF WORK

C.2.1 Service Requirements

C.2.2 Project Description

C.2.3 Successful Contractor Responsibilities

C.2.4 Locations

C.2.5 Subcontractors

C.3 CONTRACT TRANSITION

C.4 DELIVERABLES

C.5 ACCEPTANCE CRITERIA

C.6 TMD PERSONNEL

C.6.1. TMD’s Contract Administrator

C.6.2 TMD’s Army Project Manager

C.6.3 TMD’s Air Guard Project Manager

C.7 INSURANCE REQUIRED UNDER THE CONTRACT

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 RESPONSE PREPARATION INSTRUCTIONS

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E.1.1 Purpose of Instructions

E.1.2 Submission of Responses

E.2 AMENDMENTS TO THE SOLICITATION

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

E.4 SIGNATURES ON RESPONSE SUBMITTED

E.5 COMPANY EXPERIENCE AND QUALIFICATIONS

E.5.1 Contractor Minimum Qualifications

E.5.2 Response to Statement of Work

E.6 RESPONSE ACCEPTANCE PERIOD

E.7 CONTRACT AWARD

E.8 TMD’s RIGHTS

E.9 RESPONSE SUBMISSION INSTRUCTIONS

E.9.1 Volume One – Contract Forms and Required Response Information

E.9.2 Volume Two – Information Section

E.10 DISCUSSION AND CORRESPONDENCE

E.11 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

E.12 AGENCY POSTING OF CONTRACTS

E.13 ANTICIPATED SCHEDULE OF EVENTS

SECTION F—EVALUATION CRITERIA

SECTION G—LIST OF ATTACHMENTS

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SECTION A—DEFINITIONS

The following terms and acronyms used in this solicitation have the meanings given in this section unless the context indicates otherwise.

“Business Days” means Monday through Friday except for federal, state, and legal holidays observed by the State of Texas.

“Business Hours” means 8:00 a.m. to 5:00 p.m. Central Time.

“Contract” means this formal, written, and legally enforceable agreement between TMD and Contractor.

“Contractor” means the individual, business entity, or organization awarded the Contract. In the context of submitting a response, “Contractor” also means “Respondent” and “Vendor.”

“Date of Award” means the date the Contract is fully executed.

“Days” means calendar days unless otherwise specified.

“TMD” means the Texas Military Department of the State of Texas, a state agency in the executive branch created under Texas Government Code (TGC) Chapter 437.

“Fiscal Year” means any of the one (1) year periods beginning September 1 and ending August 31 used for annual budgetary purposes by the State of Texas.

“Parties” means Contractor and TMD.

“Respondent” means the individual, business entity, or organization that submits a response in response to this solicitation with intent to Contract with TMD.

“Vendor” means the individual, business entity, or organization at any stage in the procurement or Contracting process (prior to response, during response, and after Contract award).

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SECTION B— General Requirements

B.1 TMD OBJECTIVES

The Texas Military Department (TMD) is seeking to enter into a Contract with an organization through which qualified staff can provide and analyze medical examinations and drug screenings for full-time TMD Security Guards (SGs). Qualified Contractors must demonstrate the ability to perform the services listed within this Request for Qualifications (RFQ). Services provided under the Contract will be required on an as-needed basis throughout the Contract period.

B.2 DURATION

B.2.1 Initial Contract Term and Renewal

The initial Contract term shall be for twelve months from Contract award. The Contract may be renewed for up to three (3) additional one (1) year terms, the decision to renew the Contract shall be at TMD’s sole discretion. Such renewal(s) shall be subject to the requirements of the Contract, with the sole and limited exception that the original date of termination shall be extended pursuant to this provision. By submission of a response to this RFQ, the Respondent agrees to be bound, for the initial term of the Contract and for any renewal term which the TMD may elect to exercise, to perform the within described services at the rates specified in the Contract. Any renewals will be issued through a Contract amendment/purchase order change notice after mutual agreement by both parties and will be subject to the same terms and conditions.

B.2.2 Option to Extend

The Contractor agrees that TMD may require continued performance, beyond the initial or any renewal Contract term, of any of the within described services at the rates specified in the Contract. This option may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) calendar months. Such extension of services shall be subject to the requirements of the Contract, with the sole and limited exception that the original date of termination shall be extended pursuant to this provision.

TMD may exercise this option upon thirty (30) calendar Days written notice to the Contractor. Any options to extend will be issued through a Contract amendment/purchase order change notice after mutual agreement by both parties and will be subject to the same terms and conditions.

B.3 INVOICE REQUIREMENTS

Invoices are Contractor’s billing for goods or services rendered. TMD will pay Contractor on the basis of itemized invoices submitted to and approved by TMD. The invoices must show the actual deliverables provided and the attendant charge. Itemized invoices must clearly identify the project phase or title, deliverables delivered, the number of hours that each allocated employee worked if applicable, and the date range of work performance for this associated charge.

A. Contractor’s invoice must include the following:

1. the Contract number;

2. remittance address;

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3. total number and names of employees serviced;

4. description of services/deliverables provided;

5. flat rate fee per employee for services and

6. any prompt payment discount offered.

B. Contractor must send an email with the invoice copy to Payables@military.texas.gov and to the Contract Monitor.

An original, hard-copy invoice, if required by Contractor, will be submitted to the office designated below:

Texas Military Department (TMD) Attn: Accounts Payable Department

P.O. Box 5218, Building 11 Austin, Texas 78703

The State of Texas will not incur any penalty for late payment if the invoice fails to conform to the requirements of this section or if Contractor did not mail or email the invoice to the appropriate physical and/or email addresses identified in this section.

B.4 PAYMENTS

A. TMD recommends that Contractor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Contractor elects to be set up for direct deposit payment, Contractor must submit a completed Direct Deposit Authorization Form (Attachment G.1).

B. Regardless as to whether direct deposit is chosen, Contractor must submit a completed Application for Texas Identification Number (Attachment G.2) to the following addresses:

Texas Military Department (TMD)

Attn: Accounts Payable P.O. Box 5218, Building 11 Austin, Texas 78703-5218

Or Email: Procurement@military.texas.gov

Reference: Contractor Set-up for Solicitation TMD24-FIN-0036094

Notes: Contact Rhonda Gips when completed at 512-782-6129 or Procurement@military.texas.gov

C. If Contractor has previously submitted a completed Contractor Direct Deposit Authorization and Application for Texas Identification Number Form to TMD for another separate Contract, another form is not required to be submitted.

B.4.1 Billing and Payment

A. Texas Government Code (TGC) Chapter 2251 (the Prompt Payment Act) will govern payment and accrual of interest on any overdue payments.

mailto:Payables@military.texas.gov

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B. If TMD, for any reason, including lack of supporting documentation, disputes any items in any invoices submitted by Contractor, TMD will place a hold on the disputed items and may pay the remaining amount of the invoice. TMD will timely notify Contractor of the dispute and request clarification or remedial action.

C. If the dispute is resolved in Contractor’s favor, TMD will pay the remaining portion of the original invoice in accordance with the Prompt Payment Act. If the dispute is resolved in TMD’s favor, Contractor must resubmit an invoice reflecting all corrections.

B.4.2 Payment Adjustment

A. TMD may elect to deduct from Contractor’s payment as specified in this section for any amount specified, or any money determined to be due as specified in the Contract.

B. If it is determined that the remaining amount of Contractor payment is not adequate to cover the money determined to be due to TMD, then all remaining Contractor payments will be withheld, and an invoice issued to Contractor for the remaining amount due.

C. Contractor must pay the invoiced amount within 30 Days of receipt unless Contractor and TMD mutually agree on an alternative payment method.

B.4.3 Late Payment

Any amount owed to Contractor more than one Day beyond the date such amount is due as described in this section will accrue interest each Day that such amount is not paid at the rate specified by TGC §2251.025, provided; however, that this provision will not excuse failure by TMD to make payment in strict accordance with the Contract.

B.4.4 Deductions for Unacceptable Compliance

If Contractor fails to comply with the terms of the Contract, TMD may withhold Contractor’s payment. If non-compliance results in TMD purchasing goods or services from another entity to remedy the non-compliance, TMD will deduct those costs from Contractor’s payment.

B.4.5 Withholding of Payment

A. TMD will have the right to withhold Contractor’s payment until the failures described below have been corrected.

1. Failure to submit reports or other documentation required in Section D—Contract Compliance Reports and Data required from Contractor;

2. Failure to comply with background check or security requirements;

3. Failure to respond to audit reports; and

4. Failure to correct identified areas of non-compliance to the satisfaction of TMD within ten Days upon receipt of written notification.

B. TMD will not pay interest to Contractor for monies so withheld.

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C. Contractor’s withheld payment will be released upon TMD’s satisfaction that compliance has been achieved for 30 consecutive Days.

D. In the event that money is due to TMD for Contractor’s failure to provide adequate maintenance or replacement of the property as required in the Contract, the amount required for TMD to correct deficiencies and replace property will be withheld from the final payment.

E. With the exception of disputed issues, such withholding of final payment by TMD will not exceed 120 Days from date of the Contract’s termination.

B.4.6 Debts and Delinquencies

TMD is prohibited from issuing any payment to a person or entity that has been reported as having an indebtedness or delinquency to the State of Texas. Contractor agrees and understands that, to the extent Contractor owes any debt or delinquent taxes to the State of Texas, TMD will apply any payments or other amounts Contractor is otherwise owed under the Contract toward the debt or delinquent taxes until the debt or delinquent taxes are paid in full. Contractor must comply with all applicable laws regarding satisfaction of debts or delinquencies to the State of Texas.

B.4.7 Right to Offset

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

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SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

The Texas Military Department (TMD) is seeking to enter into a Contract with an organization through which qualified staff can provide and analyze medical examinations and drug screenings for full-time TMD Security Guards (SGs). Qualified applicates must demonstrate the ability to perform the services listed within this Request for Qualifications (RFQ). Services provided under the Contract will be required on an as-needed basis throughout the Contract period.

C.2 STATEMENT OF WORK

The Texas Military Department requires the Contractor to meet or exceed the following requirements to provide professional medical examinations and drug screenings of TMD SGs.

C.2.1 Service Requirements

The intent of the RFQ is to identify a qualified Contractor to provide professional medical examinations and drug screenings of TMD SGs in accordance with Army Regulation (AR) 190-56, Master Cooperative Agreement, Army National Guard (ARNG) Security Cooperative Agreement, Appendix 3 (Attachment G.5), Texas Air National Guard (ANG) Security Cooperative Agreement Appendix 23E (Attachment G.4), and requirements of similar security positions within state agencies.

C.2.2 Project Description

Medical evaluations will be completed on all TMD SGs upon employment, periodically, and upon termination if there is a reasonable belief the employee was exposed to a job-related hazardous material or condition that adversely could affect the employee’s health. The offer of employment will be contingent on medical certification of the ability to perform the essential job functions. The initial medical evaluation will be accomplished during initial pre-placement evaluation of tentative selectees.

All tentative SGs will be required to undergo a medical examination at TMD’s expense to determine if they can perform the essential functions of the job, with or without reasonable accommodation. Tentative SGs are not required to disclose family medical history to an examining physician (or other competent medical authority) and physicians/medical authorities are prohibited from requesting genetic information or family medical history.

The Successful Contractor conducting the medical examination and drug screening, or individuals performing the services on behalf of the Contractor, must be certified. The Successful Contractor must be able to provide both medical exams and drug screenings at Contractor’s facility or with a mobile unit capable of traveling to any, and all sites requiring services and providing all services described in this RFQ.

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C.2.3 Successful Contractor Responsibilities

TMD requires the Successful Contractor to meet or exceed the following requirements to provide medical examinations to new and current SGs:

A. Provide medical examinations to new or current full-time TMD SGs. Examinations must be able to:

1. Certify by note on either the Optional Form 178 (See Attachment C – Optional Form

178) or other appropriate documentation whether the individual is medically fit to perform the essential job functions, identified in AR 190-56, C-4, with or without reasonable accommodation;

2. Identify any health condition that may be substantially aggravated by the job;

3. Identify risk factors associated with the development of cardiovascular disease and other diseases that might impair the ability to perform the essential functions;

4. Evaluate an individual’s health and fitness to participate in an exercise program and take the Physical Ability Test (PAT).

a) Make note if the SG is unable to take the PAT or one (1) of its components or cannot take the PAT with the listed alternate events and refer the SG to the command or hiring authority for disposition.

5. Serve as a baseline for tracking health trends;

6. Make a recommendation to TMD as to whether the individual can perform the essential functions of the job, with or without reasonable accommodation, and take the PAT;

7. Identify work restrictions, if appropriate, and suggest practices, aids, or devices that would allow the individual to perform the essential job functions under reasonable accommodation;

8. Maintain individual medical information, such as medical records, specialized tests, or an examination by another medical specialist, as required;

9. Provide periodic medical evaluations to determine current employees continued physical and emotional suitability to perform the functional requirements of such positions;

a) Consult with TMD in the case of currently employed SGs who are medically unable to perform the essential functions of the position, with or without reasonable accommodation.

10. Make accessible to the TMD point of contact online summary results of the medical exam, including determination if the employee is cleared to participate in the Physical Ability Test.

TMD requires the Successful Contractor to meet or exceed the following requirements to provide drug screenings both at new employment and on a random basis to new and current SGs:

A. Provide laboratory urine drug screenings to full-time TMD Security Officers both during pre-employment and on an annual, random basis (10% of security force);

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1. Be responsible for specimen collection, laboratory testing, medical review, and providing a recommendation to TMD for an employee being offered the services of a substance abuse professional as needed;

2. Screen for the following seven (7) types of controlled substances (or their metabolites):

a) Amphetamines;

b) Cannabinoids;

c) Cocaine Metabolites;

d) Designer Amphetamines;

e) Opiates (Codeine/Morphine/Hydrocodone/Hydromorphone);

f) Heroin; and

g) Opioids

3. Conduct urine analysis, including collecting specimens under direct observation, with the requirement that gender observers be readily available;

4. Be responsible for sending TMD a copy of the testing form, the test results, and resolution of any errors from the process, if applicable.

5. Make available to the TMD State Human Resources Director online access to employee results of each random screening.

6. See Attachment B, Table A for a list of Drug Classes and their Cutoff Concentrations.

C.2.4 Locations

Successful Contractor will either receive TMD SGs as they are notified that their medical and/or drug screening is required at Successful Contractor’s location or, should the Contractor have a mobile unit that can provide the services described in this RFQ, the Contractor will navigate to the TMD site in need of services. In order to avoid work time loss for TMD employees, the Contractor must either have multiple locations within a reasonable vicinity of the locations of the SGs or must have a mobile service which can provide the medical exams and drug screenings at the TMD location for as many SGs that need services. The primary work facilities needing these services are located in Austin, Bastrop, Mineral Wells, Powderly, Brownwood, Harris County (Ellington Field ANG), and Paris, Texas.

C.2.5 Subcontractors

Successful Contractor may not subcontract any or all of the work and/or obligations due under the Contract without prior written approval of TMD. Subcontracts, if any, entered into by the Successful Contractor must be in writing and be subject to the requirements of the Contract. Should the Successful Contractor subcontract any of the services required in the Contract, the Contractor expressly understands and acknowledges that in entering into such subcontract(s), TMD is in no manner liable to any subcontractor(s) of the Successful Contractor. In no event shall this provision relieve the Successful Contractor of the responsibility for ensuring that the services performed under all subcontractors are rendered in compliance with the Contract.

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C.3 CONTRACT TRANSITION

In the event a subsequent competitive solicitation is awarded to a New Contractor, the Outgoing Contractor (i.e. Successful Contractor) must hand-over to the New Contractor all “Works” including but not limited to the following: data, materials, database access, intellectual property, training materials, access to websites, asset transfer, and maintenance of service commitments. The purpose of transition planning is to ensure seamless and continuous service when changing from one (1) Contract to another. The Outgoing Contractor will begin shipping, transmitting or providing access to all appropriate materials and data to the New Contractor within ten (10) Days of announcements of award at the New Contractor’s expense for data processing and production, packing and shipping. The Outgoing Contractor will be responsible for providing the services identified in the Contract until all records have been completely transferred to the New Contractor.

The Outgoing Contractor is responsible for performing due diligence to ensure that all the transition activities are identified and completed during the Contract transition.

The Outgoing Contractor shall submit to TMD all requested reports and data TMD will not release the final invoice until all materials are returned to TMD or their designee. The TMD Project Manager shall approve the Transition Plan prior to its implementation. The Transition Plan must minimize the impacts on continuity of operations and maintain communication with TMD Project Manager and the New Contractor.

C.4 DELIVERABLES

A. Laboratory drug screening

B. Medical reviews

C.5 ACCEPTANCE CRITERIA

A. In determining the best value, TMD shall consider the following best value factors:

1. Compliance with the stated specifications coupled with the quality and reliability of the goods and services, such as, but not limited to, fitness for use that meets or exceeds Customer’s expectations and the characteristics of the product or service that bear on its ability to meet the stated/implied needs.

2. Delivery timeframe from receipt of purchase order, after receipt of order (ARO).

3. Indicators of probable performance under the Contract to include, but not limited to: past

Contractor performance; financial resources; ability, capacity, and skill to perform the Contract or provide the serviced required; experience or demonstrated capability and responsibility; references; and the Contractor’s ability to provide reliable maintenance agreements and support.

4. Other relevant factors, such as, but not limited to, the Contractor’s ability to comply with laws relating to the goods or services, the Contractor’s anticipated economic impact to the State or a subdivision of the State, including potential tax revenue and employment, the effect of a purchase on agency productivity, and the cost of any employee training associated with the purchase.

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C.6 TMD PERSONNEL

C.6.1. TMD’s Contract Administrator

A. The Contract Administrator for administration of the Contract is Rhonda Gips.

B. The telephone number for the Contract Administrator is 512-782-6129.

C. The email address is Procurement@military.texas.gov.

The Contract Administrator is responsible for the general administration of the Contract, negotiation of any changes, and issuance of written amendments to the Contract.

C.6.2 TMD’s Army Project Manager

A. The Project Manager for the Contract is LTC Casey Shaw.

B. The telephone number for the Project Manager is 512-782-5178.

C. The email address is casey.r.shaw3.mil@army.mil.

C.6.3 TMD’s Air Guard Project Manager

A. The Project Manager for the Contract is SMSgt Michael J. Larsen.

B. The telephone number for the Project Manager is 281-929-2389.

C. The email address is michael.larsen.8@us.af.mil.

TMD’s Project Manager for the Contract is responsible for the overall management and coordination of the Contract and will act as the central point of contact for TMD. The Project Manager has full authority to act for TMD in the performance of any project connected to the Contract. The Project Manager or a designated representative will meet with Contractor’s Project Manager to discuss problems as they occur.

C.7 INSURANCE REQUIRED UNDER THE CONTRACT

In its response, Respondent must provide a statement of its intent to obtain and maintain for the term of the Contract (and any renewal periods or additional extensions) the minimum insurance coverage specified. Respondent should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its response. Proof of insurance and bond coverage may be provided in the form of current certificates of insurance. TMD and the State of Texas do not accept “self-insurance” coverage.

The awarded Contractor is required, within five (5) Business Days of Notice of Award, to provide TMD with current certificates of insurance or other proof acceptable to TMD. Failure to submit acceptable proof of insurance within such time period may result in TMD’s revocation of the award.

Contractor must maintain the required insurance during the initial term and any optional renewal period exercised. Contractor is responsible for ensuring its Subcontractors’ compliance with all insurance requirements.

mailto:Procurement@military.texas.gov mailto:casey.r.shaw3.mil@army.mil mailto:michael.larsen.8@us.af.mil

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Minimum Required Amounts of Insurance Coverage

Type of Insurance Each Occurrence/Aggregate

Workers’ Compensation Statutory Limits for the State of Texas or for any state Contractor’s employee resides in

Employer’s Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit

Commercial General Liability (occurrence based)

Bodily Injury and Property Damage $1,000,000 Each Occurrence Limit $2,000,000 Aggregate Limit $2,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal Injury and Advertising Liability $50,000 Damage to Premises Rented $5,000 Medical Payments

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$1,000,000 Combined Single Limit (for each accident)

Umbrella/Excess Liability $1,000,000 Per Occurrence

Commercial Crime $50,000 Each Occurrence

Professional Liability Including errors and omissions

$1,000,000 Per Occurrence $2,000,000 Annual Aggregate

All required insurance coverage must be issued from a company or companies with a Financial Strength Rating of “A” or better from A.M. Best Company, Inc.

All insurance policies for required coverage must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to TMD. All required insurance Contracts must: (1) be written on a primary and non-contributory basis with any other insurance coverages Respondent currently has in place; and (2) include a Waiver of Subrogation Clause.

All certificates of insurance for required coverage other than workers’ compensation and professional liability must name the Texas Military Department of the State of Texas and its board, officers, employees, and agents as additional insureds.

Contractor must:

A. Provide all required written documentation under this section to the Contract Administrator;

B. Ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under the Contract;

C. Ensure (and represents by executing a Contract) that all required policies contain endorsements prohibiting cancellation except upon at least 30 Days advanced written notice to

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TMD. The certificates of insurance must be addressed to the Texas Military Department of the State of Texas as the certificate holder;

D. Deliver all copies of changes to insurance coverage (including extensions, renewals, cancellations, and revisions) at least ten calendar Days prior to any expiration of a required policy. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

Contractor must ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by Contractual liability coverage sufficient to include Contractor’s obligations under the Contract.

Contractor’s insurance policies will provide coverage for Contractor’s principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent Contractors, and any other representatives who may provide services under the Contract.

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SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

Contractor must submit the reports and all additional Contractor documentation requirements in this section during the course of the Contract. These deliverables may be revised or additional ones may be required at TMD’s sole discretion.

FREQUENCY DUE DATE REPORT ITEM AUTHORITY

TMD PERSONNEL TO

RECEIVE REPORT

Other

Within five (5) Business Days of Contract award

Insurance Requirements

Insurance, Section C.9

Contract Administrator

Upon Completion Invoicing – Specific to the Contract

Section B.2 Payables@military.texas.gov with a copy to Project Manager

Intentionally Left Blank mailto:Payables@military.texas.gov

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SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 RESPONSE PREPARATION INSTRUCTIONS

E.1.1 Purpose of Instructions

A. These instructions are designed to assure the submission of information essential to the understanding and the comprehensive evaluation of responses.

B. Responses must be prepared in accordance with these instructions providing all required information in the format specified.

C. Failure of a response to show compliance with these instructions and submit all documentation may be grounds for disqualification of the response from further consideration unless stated otherwise within this solicitation.

E.1.2 Submission of Responses

A. Responses will be typed, paginated, contain a full table of contents, and have component sections clearly identified bookmarks.

B. Sealed responses must be received by TMD no later than the deadline established and submitted to:

Texas Military Department Procurement and Contract Services Procurement@military.texas.gov Subject: Solicitation No. TMD24-FIN-0036094 Medical-Drug Screening

C. Respondent must demonstrate that Respondent’s operations conform to applicable TMD, state, and federal policies and standards.

D. Respondent must submit only material directly pertinent to the requirements of this solicitation. Extraneous narrative, elaborate brochures, uninformative public relations material, including Respondent’s policies, procedures, and post orders for which no deviation to TMD Policy is being requested, and other similar documents will not be submitted.

E.2 AMENDMENTS TO THE SOLICITATION

A. If this solicitation is amended, all terms and conditions, which are not modified, remain unchanged.

B. Respondents must acknowledge receipt of all amendment(s) to this solicitation by signing and returning the amendment(s), identifying the amendment number and date in the space provided for this purpose on the form for submitting a response or by letter.

C. Respondent must submit the acknowledgement to TMD by the time specified for receipt of responses.

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D. Failure to acknowledge amendment(s) by Respondent may subject its response to rejection.

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

A. Any response received after the specified date and time will not be considered.

B. Responses cannot be altered, amended or modified after closing date and time.

C. Alterations made before closing time will be initialed by Respondent or its authorized representative.

D. No responses can be withdrawn after closing date and time without approval by TMD. Should a Respondent, after closing time, request its response be withdrawn, the request must be made in writing.

F. TMD is not responsible for submissions delivered to TMD after the date and time stated on Page 1 of this solicitation. It is the Respondent’s responsibility to ensure that it submits, and that TMD receives, its completed response in a timely manner. TMD recommends that Respondent submit their complete response well in advance of the due date and time stated on Page 1 of this solicitation.

G. TMD takes no responsibility for electronic responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any TMD anti-virus or other security software.

E.4 SIGNATURES ON RESPONSE SUBMITTED

A. Responses from a partnership will be signed in the firm name by at least one (1) general partner or in the firm name by an attorney-in-fact.

B. Responses signed by an attorney-in-fact, will include a Power of Attorney evidencing the authority to sign response, dated and executed by all partners in the firm.

C. Responses from a corporation will have the correct legal corporate name and the signature of an authorized officer of the corporation.

D. The title of office held by the person signing for the corporation will appear below the signature of the officer.

E. Responses from an individual doing business under a firm or fictitious name will be signed in the same name of the individual doing business under the proper firm name.

F. Joint venture responses will be signed by all members or by a member of the joint venture if there is attached to the response a copy of the joint venture agreement evidencing that the response is signed by the member with authority to bind the joint venture.

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E.5 COMPANY EXPERIENCE AND QUALIFICATIONS

Contractor must submit a summary which encapsulates the Contractor's overall qualifications and experience to provide the requested services as outlined in the RFQ. Contractor must also list all locations of their facilities and/or clinic sites and/or mobile units available to provide the services required in this RFQ.

In conjunction with the company’s qualifications also include an organizational chart.

Contractor must also include copies of licenses of the professionals performing, or who may perform, the medical examinations and drug screenings and analyzations.

This information will be used to evaluate the Contractor's Response.

E.5.1 Contractor Minimum Qualifications

In order to conduct the medical evaluation, physicians or examination service providers must be a competent medical authority, including a licensed physician, physician’s assistant, or nurse practitioner.

If the evaluation is not conducted by a physician, then the supervising physician (herein referred to as the examining provider) must review and evaluate the results, and countersign to make the evaluation valid.

A. Physicians or examination service providers shall have no less than three (3) years of experience and qualifications performing the requested services.

B. Physicians or examination service providers must not have been subject to any agreed orders or disciplinary actions by the Texas Medical Board within the last five (5) years.

E.5.2 Response to Statement of Work

Contractor must address how they propose to meet or exceed the responsibilities outlined in the Statement of Work. The Response must communicate an understanding of the services required in this RFQ. The information provided will be used to evaluate the Contractor's Response.

E.6 RESPONSE ACCEPTANCE PERIOD

A. All responses will be valid for 180 Days after the solicitation opening date and will constitute an irrevocable response to TMD for the 180 Day period.

B. Such period may be extended beyond the 180 Days upon mutual written agreement of both Parties.

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E.7 CONTRACT AWARD

A written award or acceptance of Response emailed or otherwise furnished to successful Respondent(s) within the time for acceptance specified in the response will result in a binding Contract without further action by either party.

E.8 TMD’S RIGHTS

A. TMD reserves the right to waive, change, add, or delete any terms or conditions of this solicitation.

B. TMD may:

1. reject any or all responses if such action is in the public interest;

2. accept other than the lowest priced response; and

3. waive minor informalities and minor irregularities in responses received.

C. Waiver of deviations in any response will not constitute a modification of this solicitation and will not preclude TMD from asserting all rights against Respondent for failure to fully comply with all terms and conditions of this solicitation. Copyrighted responses are unacceptable and are subject to disqualification as non-responsive. TMD reserves the right to make any corrections or include additional requirements in the resulting Contract prior to issuance which are necessary for TMD’s compliance, as an agency of the State of Texas, with all state and federal requirements. TMD reserves the right to disqualify any response which asserts any copyright on any TMD-created form which is specifically designated by this solicitation to be a form that will be completed and included in a response submitted in response to this solicitation.

D. TMD reserves the right to reject any one (1) response or all responses or portions of responses submitted in response to this solicitation.

E. The submission of a response has the effect of waiving proprietary rights or confidentiality.

F. All responses and any content provided by the Respondent are considered the property of TMD for use for the life of any resulting Contract as determined by TMD with respect to the scope of the project.

G. TMD reserves the right to use for its benefit ideas contained in the responses submitted.

H. TMD is not liable for any costs or damages that may be incurred by Respondents or prospective Contractors in the preparation, formulation, or presentation of a response.

I. In case of ambiguity or lack of clarity, TMD may adopt such interpretations as may be advantageous to TMD.

J. Upon review of responses, TMD may select the Respondent’s response(s) most advantageous to TMD, in its judgment, with whom to negotiate a final definitive Contract(s).

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K. Such determination will be solely at the discretion of TMD. All representations made by TMD are subject to the availability of legislative appropriations and do not represent an obligation on the part of the State of Texas, or TMD.

L. TMD reserves the right to withdraw this solicitation at any time for any reason.

M. TMD reserves the right to award no Contract and to solicit additional responses at a later time.

N. TMD incurs no obligation regarding this solicitation unless and until a Contract is fully executed by the Parties. However, all responses received by TMD will remain confidential until the evaluation process is complete.

O. TMD will not hold a public response closing event.

E.9 RESPONSE SUBMISSION INSTRUCTIONS

E.9.1 Volume One – Contract Forms and Required Response Information

A. Solicitation, Page 1 (with amendment(s) noted on this page or signed amendment(s) attached to this form);

B. The name and address of Respondent’s insurance carrier(s), along with a statement of liability from the carrier(s) issuing the policies saying that such policies are available to Respondent. For the purpose of responding to this solicitation, Respondent will not be required to purchase insurance, but must show the ability to provide such insurance as specified in the section entitled “Insurance Requirements,” if Respondent’s response is selected;

C. A Redacted Solicitation and Contract response if applicable;

D. Attachment G.1, Direct Deposit Authorization Form, completed if choosing direct deposit as a possible payment option;

E. Attachment G.2, Application for Texas Identification Number;

F. Documentation from the appropriate State entity that indicates that Respondent is properly certified to conduct business in the State of Texas (e.g., The Certificate of Existence from the Texas Secretary of State and the Certificate of Account Status from the Comptroller of Public Accounts).

E.9.2 Volume Two – Information Section

A. Proposal submitted should be clear and concise and shall include sufficient detail for effective evaluation for substantiating the validity of stated claims in proposal.

B. Cover Page: List name and address of Respondent, date of response, solicitation number identifier, and signature of authorized official.

C. Introduction: Clear expression of who Respondent is, to include an outline of organizational capabilities, goals, project management process approach, business

Page 23 of 29 OGC Approved 10/16/2021 process management design, other previous accolades, and a listing of all Subcontractors, if any.

D. Information Sheet: Including all information required of Respondent and any Subcontractors.

1. Name and address (including telephone number) of Respondent and all Subcontractors.

2. Business form of Respondent (e.g., corporation, partnership).

3. Date and state of incorporation.

4. Names and addresses of principal officers, directors, or partners.

5. A résumé of key personnel who will be providing services in any resulting Contract, both Respondent and Subcontractor employees. These résumés should include the percentage of time each person will dedicate to any resulting Contract. The response will include key project personnel as follows:

a. Demonstrated experience in providing the services requested in this solicitation for each key project personnel.

b. Résumés for key personnel assigned to any resulting Contract will include:

project management experience, supervisory experience, business process experience.

1) Name

2) Title (current)

3) Education

4) Experience related to projects the staff member was directly involved:

5) Project(s) Scope

E. Respondent must identify and provide in its response a minimum of three (3) references relating to past Contracts or projects that are similar in size and scope.

Respondent must provide, at a minimum, the name, email address, phone number, and title for each reference provided. Additionally, Respondent must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed for the references.

F. Organizational, biographical, and financial rating information for the Respondent and all third-party / Subcontractors proposed to fulfill service requirements.

F. Respondent must specifically address, within its response, the following requests for information as detailed throughout this solicitation. TMD has endeavored to include a complete listing of such submittal requests; however, in the event TMD omitted a requirement, Respondent is responsible for ensuring that all such information is included within its response.

1. Section E.5.1; Contractor Minimum Qualifications

2. References

3. Demonstrated ability to perform services on a timely basis

G. Respondent is encouraged to provide a response narrative for each section and subsection, in the format in which requirements are presented, in sufficient detail to

Page 24 of 29 OGC Approved 10/16/2021 clearly demonstrate Respondent’s compliance with all requirements of this solicitation, both technical and administrative. Supplemental justification or documentation can be provided as attachments. Respondent must ensure that all material submitted should be directly pertinent to the requirements of this solicitation and will be formatted as to the specific requirement as delineated in this solicitation.

H. Assumptions. No assumptions should be included in a response. All issues or questions that might be advanced or addressed by way of assumption should be submitted to TMD. The inclusion of assumptions in a proposal may result in a Respondent not being awarded a Contract.

I. Exceptions. No exceptions should be included in a response. Respondent is encouraged, in lieu of including exceptions in its response, to address all issues that might be advanced by way of exception by submitting questions to TMD during the question-and-answer period. Respondent must identify any exception it takes to the solicitation for which it requests approval.

For every instance where Respondent does not propose to comply or agree to a requirement or term in this solicitation, Respondent must clearly identify the specific section and language to which it takes exception, propose specific alternative language, and describe its reasoning for requesting the exception. Respondent must provide this information in the format prescribed by TMD. Respondent waives a requested exception if the exception deviates in any way from these requirements or the specific exception is not submitted with Respondent’s response. TMD will not consider any exception that does not meet these requirements, and the exception will be rejected without consideration.

A Respondent that takes any exceptions may result in its response being disqualified and deemed non-responsive to the solicitation. In this event, TMD will remove Respondent’s response from further consideration. Additionally, TMD is prohibited by law from accepting certain exceptions, such as indemnifying Vendors. This is another reason why TMD strongly discourages Respondents from submitting exceptions.

If Respondent agrees to the terms of this solicitation in its entirety, Respondent should explicitly state that it takes no exceptions. If Respondent takes any exceptions, Respondent must complete the Exceptions Summary Form exhibit and follow all requirements noted in this section.

E.10 DISCUSSION AND CORRESPONDENCE

A. All communications and questions concerning this solicitation, including any of a technical nature, will be made in writing only to:

Rhonda Gips CTCD, CTCM Contract Administrator Texas Military Department (TMD) Procurement and Contract Services (P&CS) Email: Procurement@military.texas.gov

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B. Written responses to the questions will then be provided to all parties requesting copies of this solicitation through TMD’s Procurement and Contract Services.

C. Respondent should rely only on the written information provided in this manner. Respondent is specifically cautioned against relying on any oral information.

D. All respondents are specifically barred from contacting any TMD personnel involved in this solicitation for the purpose of discussing its responses.

E. Respondent may; however, seek clarifications of the solicitation through the written process described above.

F. Respondent is reminded that 09/04/2024 at 2:00 P.M. Central Time is the last Day to submit written questions for clarification by TMD.

G. The responsiveness of each response will be evaluated upon the written instructions provided throughout this solicitation and as described in Section F,…