ESBD_378358_1728057675935_RFQ_No._HHS0014587.pdf

RFQ No. HHS0014587 Page 1 of 43

Cecile E. Young, Executive Commissioner

Request for Qualifications (RFQ) for

Hospice Services

RFQ No. HHS0014587

Date of Release: October 04, 2024

See Section 3.1 for Schedule of Events

948-07 Administration Services, Health

948-34 Disease Prevention and Control Services, Contagious

948-48 Health Care Services (Not Otherwise Classified)

948-74 Professional Medical Services: Physicians, Pharmacists, and All Specialties

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Table of Contents Article I. Introduction, Definitions, and Authority

1.1 Introduction

1.2 Definitions

1.3 Authority

Article II. Scope of Work

2.1 Description of Services

2.1.1 General Information

2.1.2 Location for Provision of Hospice Services

2.1.3 Contractor Requirements and Responsibilities

2.1.4 DSHS Requirements

2.1.5 Hospice Screening, Evaluation, and Eligibility Determination

2.1.6 Planning Conference

2.1.7 Termination of Services

2.1.8 Contract Administration and Reporting

2.1.9 Staffing Requirements

2.1.10 Confidentiality

2.1.11 Contractor’s Delivery of Hospice Services

2.1.12 Specifications or Service Performance Standards

2.1.13 Payment Terms

2.1.14 Acceptance Criteria

2.2 Contract Award, Term, and Historical Compensation

2.2.1 Contract Award and Reservation of Rights

2.2.2 Contract Term

2.2.3 Historical Compensation

2.3 No Guarantee of Volume, Usage, or Compensation

2.4 Data Use Agreement and Security Privacy Inquiry

2.5 Governmental Entities

Article III. Administrative Information

3.1 Schedule of Events

3.2 Ambiguity, Conflict, or Discrepancy

3.3 Inquiries

3.3.1 Sole Point of Contact

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3.3.2 Exceptions to Sole Point of Contact

3.3.3 Prohibited Communication

3.3.4 Solicitation Questions

3.4 Pre-proposal Conference

3.4.1 Attendance

3.4.2 Pre-proposal Conference Logistical Information

3.4.3 Questions During Pre-proposal Conference

3.5 Solicitation Response Composition

3.5.1 General Information

3.5.2 Page Limit and Supporting Documentation

3.5.3 Discrepancies

3.5.4 Exceptions

3.5.5 Assumptions

3.5.6 Binding Offer

3.6 Solicitation Response Submission and Delivery

3.6.1 Deadline

3.6.2 Delivery

3.6.2.1 General Instructions

3.6.2.2 Solicitation Response – Component Parts

3.6.2.3 Submission Options

3.6.3 Submission Checklist

3.6.4 Modifications and Withdrawals of Solicitation Response

3.6.5 Retention of Solicitation Responses

Article IV. Solicitation Response Evaluation and Award Process

4.1 Conformance with State Law

4.2 Best Value Determination

4.2.1 Selection Methodology

4.2.2 Minimum Qualifications

4.2.3 Initial Compliance Screening

4.2.4 Written Solicitation Response Evaluation

4.2.5 Written Response Evaluation Criteria

4.2.6 Final Written Response Score

4.2.7 Additional Selection Considerations

4.2.8 Summary of Best Value Determination

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4.3 Questions or Requests for Clarification

Article V. Statement of Qualifications

5.1 Executive Summary

5.2 Minimum Qualification Documentation

5.3 Demonstrated Ability

5.4 Experiences

5.5 Work Plan

5.6 Staffing Profile

Article VI. Required Respondent Information

6.1 Company Information

6.1.1 Company Narrative

6.1.2 Company Profile

6.2 Authorization to Conduct Business in Texas

6.3 References

6.4 Affirmations and Certifications

6.5 Other Reports

6.5.1 Dun and Bradstreet Reports

6.5.2 Financial Statements and Financial Solvency

6.5.3 Alternate Report

6.6 Corporate Guarantee

6.7 Major Subcontractor Information

Article VII. HSP Requirement

7.1 HSP Submission Instructions

Article VIII. General Terms and Conditions

8.1 General Conditions

8.1.1 Changes, Modifications, and Cancellation of the Solicitation

8.1.2 Offer Period

8.1.3 Costs Incurred

8.1.4 Contract Responsibility

8.1.5 Public Information Act - Respondent Requirements Regarding Disclosure

8.1.6 Respondent Waiver – Intellectual Property

8.1.7 Standards of Conduct for Vendors

8.1.8 Disclosure of Interested Parties

8.2 Insurance

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8.2.1 Required Coverage

8.2.2 Alternative Insurance

8.3 Protest

Article IX. List of Exhibits

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ARTICLE I. INTRODUCTION, DEFINITIONS, AND AUTHORITY

1.1 INTRODUCTION

The Texas Health and Human Services Commission (“HHSC”), for and on behalf of the Texas Department of State Health Services (“DSHS”), issues this Request for Qualifications (“RFQ”) to solicit qualifications from qualified organizations to provide Hospice Services to Hospice Patients onsite at Texas Center for Infectious Disease (“TCID”).

HHSC PCS will administer the procurement process for this Solicitation and will manage Respondent communications as well as the receipt of Solicitation Responses for review and evaluation.

1.2 DEFINITIONS

Refer to Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions – Vendor (version 3.4), (“UTCs”) for additional definitions (e.g., Contract, Contractor, Deliverable, Effective Date, HUB, Services, Solicitation Response, Subcontractor, System Agency, Work, and Work Order).

“Addendum” means a written clarification or revision to this Solicitation posted on the ESBD.

“Advancement Criteria” means the published criteria for Respondent to advance to the next phase of evaluation if multiple evaluation methods are utilized.

“Attending Physician” means the TCID primary care physician assigned to a TCID Patient. The Attending Physician is not the Contractor, nor provided by or otherwise employed by, the Contractor. The Attending Physician maintains overall responsibility for the care and treatment of the TCID Patient. In the context of Hospice Services, the Attending Physician works closely with the Hospice Care Team to manage the Hospice Patient’s overall medical care, ensuring continuity and coordination of health care services at TCID. The Attending Physician may also serve as the primary point of contact for the TCID Patient and their family regarding medical decisions and care plans.

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

“Business Day” means any day (24-hour period) in which normal business operations are conducted (e.g., excludes weekends and the national holidays specified in Section 662.003(a) of the Texas Government Code).

“Calendar Day” is each day shown on the calendar beginning at 12:00 Midnight, including Saturdays, Sundays, and holidays.

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“Contract Term” means the duration of the Contract, including any exercised extensions or renewals, commencing on the Effective Date and ending when the Contract expires in accordance with its terms, or when it has been terminated.

“DSHS” means the Texas Department of State Health Services.

“ESBD” means the Electronic State Business Daily, an online directory where State of Texas solicitations over $25,000 are posted. The ESBD may currently be accessed at https://www.txsmartbuy.gov/esbd.

“Evaluating Physician” means the licensed physician provided by the Contractor who performs the Evaluation of the TCID Patient.

“Evaluation” means the Evaluating Physician’s assessment of whether the TCID Patient qualifies for Hospice Services. The Evaluation includes a comprehensive medical evaluation of the TCID Patient's diagnosis, prognosis and overall health status (e.g., reviewing TCID Patient’s medical records, conferring with other healthcare providers, and conducting physical examinations of the TCID Patient) to confirm whether Hospice Services are appropriate for the TCID Patient and completing all required reporting documentation pursuant to the Evaluation that contains the Evaluating Physician’s determination of whether the TCID Patient is eligible for Hospice Services, and if eligible, a hospice treatment plan for the TCID Patient.

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

“HHSC” means the Texas Health and Human Services Commission.

“HHSC PCS” means the Procurement and Contracting Services division of HHSC. HHSC PCS provides purchasing support services to DSHS and the Department of Family and Protective Services pursuant to Section 531.00553 of the Texas Government Code.

“Hospice Care Team” means the multidisciplinary group of healthcare professionals and support staff dedicated to providing comprehensive care and support to the Hospice Patient. This team includes, but is not limited to, the Treating Physician, the Treating Nurse, the Attending Physician, TCID nurses, social workers, chaplains or spiritual counselors, and any assigned psychologist or psychiatrist.

“Hospice Patient” means a TCID Patient who (1) is physician-certified as terminally ill with a six-month or less life expectancy, (2) is deemed eligible for Hospice Services, (3) has accepted Hospice Services, and (4) has been approved by the Attending Physician to receive Hospice Services.

https://www.txsmartbuy.gov/esbd

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“Hospice Services” means the specialized form of medical care focused on providing palliative and supportive care to Hospice Patients with terminal illnesses, as required by this Contract. The primary goal of Hospice Services under this Solicitation is to enhance the quality of life for Hospice Patients by managing their pain and symptoms, offering emotional and spiritual support, and addressing the needs of both the Hospice Patient and their family.

“HUB Subcontracting Plan” or “HSP” means the written documentation regarding the use of Subcontractors that is required by for a purchase with an expected value of $100,000 or more when the state agency has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the Contract and Contractor’s compliance with the HSP will be monitored during the Contract Term.

“Provider Credentialing” means the process required by Title 28, Texas Administrative Code, Section 2161.252 for verifying and assessing the qualifications, experience, and professional standing of healthcare providers through a formal verification process including the submission and review of required documents as outlined by the Joint Commission or the Centers for Medicare & Medicaid Services (CMS). This ensures that the healthcare providers meet the necessary standards and are competent to deliver medical care. Credentialing typically involves reviewing the provider's education, training, licensure, certifications, and work history, as well as conducting background checks and verifying professional references.

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

“Screening” means the Screening Physician’s: 1) review of the TCID Patient’s medical history;

2) evaluation of current symptoms; 3) physical examination; and 4) pain assessment to determine eligibility for admission to the Hospice Services. Screening services require the Screening Physician to provide Screening report documentation to the TCID Case Manager and the Evaluating Physician, which includes the Screening Physician’s determination of whether the TCID Patient is eligible for the Hospice Services. The Screening report documentation must enable the TCID Patient to 1) make informed decisions regarding the admission to the Hospice Services; 2) manage their Hospice treatment plan; and 3) direct their own Hospice care.

“Screening Physician” means the physician provided by the Contractor who performs the Screening of the TCID Patient.

“Solicitation” means the document issued by the System Agency (including any published addenda, exhibits, and Attachments) under which the goods or Services provided under the Contract were initially requested, which is incorporated by reference for all purposes in its entirety.

“Solicitation Consideration (SC) Documents” means documents that must be submitted by Respondent with the Solicitation Response in order to be considered for evaluation and cannot be

RFQ No. HHS0014587 Page 9 of 43 resubmitted or have errors remedied after the submission due date and time in the Schedule of Events has passed.

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

“Statement of Qualifications” means the portion of the Solicitation Response that comprises a Respondent’s qualifications and skills (see Article V (Statement of Qualifications) of the Solicitation)..

“TCID Case Manager” means a healthcare professional responsible for coordinating care for TCID Patients who are also receiving Hospice Services. The TCID Case Manager will be identified to the Contractor through formal written communication from TCID, including the TCID Case Manager's contact information and role description. This role involves managing the treatment plan and working closely with the Hospice Care Team, the TCID Patient, and their family to provide ongoing support and facilitate communication among care providers.

“TCID Patient” means an individual admitted to TCID inpatient for infectious disease(s).

“Treating Nurse” means the Contractor provided licensed nursing professional who provides direct care and support to the Hospice Patient under the supervision of the Treating Physician and Attending Physician. The Treating Nurse administers medications, monitors the Hospice Patient's condition, manages symptoms, and provides emotional support to both the Hospice Patient and their family. This nurse will provide the bedside care and medications as prescribed to ensure the Hospice Patient's comfort and quality of life are maintained throughout their end-of-life journey.

“Treating Physician” means the Contractor provided physician who shall provide all required Hospice Services to the Hospice Patient. The Treating Physician shall have primary responsibility for managing and overseeing the medical care of a Hospice Patient. The Treating Physician shall collaborate with TCID personnel to develop and implement a personalized hospice care plan that addresses the Hospice Patient's physical, emotional, and spiritual needs.

The Treating Physician provides consultation to the Attending Physician while providing ongoing medical supervision of the Hospice Patient, adjusts hospice treatment plans as necessary, and coordinates medical care with other healthcare providers.

“VPTS” means the Vendor Performance Tracking System maintained by the Texas Comptroller of Public Accounts. The VPTS may be currently accessed at https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/.

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

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1.3 AUTHORITY

This Solicitation is issued pursuant to the authority of Subchapter A of Chapter 2254 of the Texas Government Code.

ARTICLE II. SCOPE OF WORK

2.1 DESCRIPTION OF SERVICES

2.1.1 General Information

The Centers for Medicare and Medicaid Services (“CMS”) has advised hospitals to develop collaborative relationships with posthospital care providers, including hospice providers (any entity providing Hospice Services), to improve transitions and continuity of patient care from the hospital to posthospital care, effect better patient outcomes, and enhance quality of care.

Pursuant to Chapter 13 of the Texas Health and Safety Code, TCID will make available Hospice Services that may be required by eligible TCID Patients.

Contractor shall provide Hospice Services to Hospice Patients at TCID in accordance with the terms and conditions of the Contract.

2.1.2 Location for Provision of Hospice Services

Contractor shall provide Services to TCID and Hospice Patients in compliance with the terms and conditions of this Contract. TCID makes no guarantee regarding the number of TCID Patients referred to Contractor for provision of Hospice Services. Contractor shall provide Hospice Evaluation, Hospice Screening, and all other Hospice Services at: Texas Center for Infectious Disease, 2303 SE Military Drive, San Antonio, Texas 78223.

2.1.3 Contractor Requirements and Responsibilities

a. Contractor shall, as an entity licensed as a Home and Community Support Services Agency, comply with (1) Subchapter B and H of Chapter 558 of Title 26 of the Texas Administrative Code, (2) Chapter 142 of the Texas Health and Safety Code, and (3) additional rules regarding minimum licensing standards for a Home and Community Support Services Agency, which are currently available at:

https://www.hhs.texas.gov/providers/long-term-care-providers/hospice.

b. Contractor shall ensure that Contractor-provided physicians and nurses performing Work under the Contract possess the necessary license(s), certification(s), and/or accreditation(s) required to perform Services under the Contract and as required by this Contract and be in good standing with those licensing, certifying, and/or accrediting entity(ies) throughout the Contract Term that authorizes the physician or nurse to practice https://www.hhs.texas.gov/providers/long-term-care-providers/hospice

RFQ No. HHS0014587 Page 11 of 43 in their respective field in the State of Texas, including compliance with (1) Chapter 301 of the Texas Occupations Code (requirements for Registered Nurses) and (2) Chapter 151 of the Texas Occupations Code (requirements for physicians).

c. Prior to any Contractor personnel providing Services under the Contract, the personnel must have completed the required Provider Credentialing; criminal history background check; employability background screening; and Hospice program-specific orientation conducted by the DSHS TCID administrator.

2.1.4 DSHS Requirements

DSHS will provide Contractor personnel access to the site set forth in Section 2.1.2 (Location for Provision of Hospice Services) where Services will be performed.

2.1.5 Hospice Screening, Evaluation, and Eligibility Determination

Within three (3) Business Days of TCID Case Manager's written request or Attending Physician’s order to Contractor requesting Screening of a TCID Patient, the Screening Physician shall complete Screening of the TCID Patient and provide all completed documentation to the TCID Case Manager and Attending Physician.

Within three (3) Business Days of the TCID Case Manager’s request or Attending Physician’s order to Contractor requesting Evaluation of a TCID Patient, the Evaluating Physician shall complete an Evaluation of the TCID Patient, and provide all completed documentation to the TCID Case Manager and Attending Physician.

The Attending Physician will then determine whether the TCID Patient will be admitted to the Hospice Program, based on the Screening report documentation, the Evaluation report documentation, and the Attending Physician’s professional judgment.

If the Attending Physician concludes that the TCID Patient is eligible for Hospice Services, the TCID Case Manager will contact the TCID Patient, or their designee, with the decision of whether the TCID Patient is eligible for Hospice Services.

If the TCID Patient accepts Hospice Services, the TCID Patient will then be approved by the Attending Physician to receive Hospice Services. The Contractor shall initiate provision of Hospice Services to the Hospice Patient pursuant to the terms and conditions of the Contract, within three (3) Business Days of Contractor’s receipt of the TCID Case Manager’s written request to the Contractor to provide Hospice Services to the TCID Patient.

2.1.6 Planning Conference

https://statutes.capitol.texas.gov/docs/OC/htm/OC.301.htm#%3A%7E%3Atext%3DSUBCHAPTER%20F.%20LICENSE%20REQUIREMENTS https://statutes.capitol.texas.gov/docs/OC/htm/OC.301.htm#%3A%7E%3Atext%3DSUBCHAPTER%20F.%20LICENSE%20REQUIREMENTS https://statutes.capitol.texas.gov/Docs/OC/htm/OC.151.htm https://statutes.capitol.texas.gov/Docs/OC/htm/OC.151.htm

RFQ No. HHS0014587 Page 12 of 43

The TCID Case Manager will arrange an in-person or virtual conference (using the platform directed by DSHS) with the Hospice Patient, at minimum on a monthly basis and also upon Attending Physician’s order for Hospice Services. Participants in the planning conference will include the TCID Case Manager; the Attending Physician; Treating Physician; Treating Nurse;

the Hospice Patient; any designated social workers; and, if applicable, the Hospice Patient’s designated representative. The purpose of the conference is to:

a. Establish Contractor's roles and responsibilities regarding delivery of Hospice Services to the Hospice Patient;

b. Agree upon the Hospice Patient's roles and responsibilities, including the responsibility to apply financial resources towards the cost of Hospice Services;

c. Establish the TCID Case Manager's roles and responsibilities relative to supporting Hospice Patients and their family;

d. Discuss the TCID formal complaint process regarding qualification for, and delivery of, Hospice Services;

e. Develop the hospice treatment plan for the Hospice Patient. This person-centered hospice plan, which is driven by the Patient, will be formalized in writing by the Treating Physician with copies provided to the Attending Physician and TCID Case Manager;

f. Identify community services which may be provided to supplement the Hospice Services such as medical service as directed by the Treating Physician or Treating Nurse; and

g. Identify the Hospice Patient’s ability to perform activities of daily living and self-management tasks; the Hospice Patient’s health and safety concerns; and the ability of the Hospice Patient to be engaged in collaborative decision-making regarding their treatment plan.

The Treating Physician and Treating Nurse, Attending Physician, and the TCID Case Manager will review the hospice treatment plan monthly during a monthly case management conference, as directed by the TCID Case Manager, to determine how the Contractor will meet the needs identified in the hospice treatment plan, as well as review incident reports and adult protection services complaint reports; review potential referrals; and review Hospice Patient-specific placement issues.

2.1.7 Termination of Services

The Attending Physician may confer with Contractor at any time to discuss provision of, continuation of, and/or termination of Hospice Services to determine whether Hospice Services

RFQ No. HHS0014587 Page 13 of 43 are still appropriate; still meets the needs of the Hospice Patient; and/or to identify alternative resources in the community to meet the Hospice Patient’s needs.

A Hospice Patient is no longer eligible for Hospice Services under the Contract when:

a. The Attending Physician determines that the Hospice Patient’s condition has changed to the degree that service or medical needs of the Hospice Patient can no longer be met at

TCID;

b. The Hospice Patient requests to terminate Hospice Services; or

c. The Hospice Patient has observable behavior which is deemed to be detrimental to self or other TCID Patients, and the behavior is beyond DSHS’s ability to be safely managed, as determined by the Attending Physician.

After the Attending Physician has determined that termination of Hospice Services is appropriate or the Hospice Patient requests to terminate Hospice Services, the Attending Physician will send written notice to the Treating Physician to notify the Hospice Patient that Hospice Services have been terminated. Within three (3) Business Days of Treating Physician’s receipt of written notification by the Attending Physician, the Treating Physician shall notify the Hospice Patient in person and in writing of Hospice Services termination. This notification must include the date of Hospice Services termination; the reason for Hospice Services termination (as determined by the Attending Physician); and any recommendations for alternative community resources.

Contractor shall comply with any state or federal requirements when terminating the Hospice Services.

Hospice Patient’s absence from TCID, such as periods of hospitalization for issues outside of the Hospice Services, will not be considered termination of Hospice Services if the TCID Case Manager determines that the Hospice Patient will return to the hospice care. Contractor shall notify the TCID Case Manager of any Hospice Patient absences from hospice care lasting more than twenty-four (24) hours.

2.1.8 Contract Administration and Reporting

Contractor shall:

a. Notify the TCID Case Manager of pending discharge from Hospice Services or Hospice Patient movement from one facility to another and the anticipated date of discharge or move;

b. Provide name(s) and phone numbers of Contractor’s administrative staff to the DSHS Contract Representative; and

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c. Invite the TCID Case Manager to participate in all meetings with a Hospice Patient regarding a hospice treatment plan. Contractor shall provide notice to the TCID Case Manager of the scheduled meeting at least three (3) Business Days prior to the scheduled meeting.

2.1.9 Staffing Requirements

Contractor shall:

a. Ensure Contractor personnel have completed the Provider Credentialing process prior to arrival at TCID. All Contractor personnel must comply with the criminal history screening rules as they apply to a licensed hospice provider. Criminal history re-screenings must be conducted at least every other year from the date of employment by Contractor;

b. Ensure the Services will be provided by licensed, competent, qualified, and trained Contractor personnel and under the direction of Contractor director level personnel or designee. The Services must be provided in accordance with this Contract;

c. Ensure that there are a sufficient number of qualified and trained Contractor personnel to meet Contractor’s obligations under this Contract;

d. Ensure Contractor personnel are at least 18 years of age and have sufficient communication and language skills to perform Services under the Contract, and interact effectively with TCID Hospice Patients, and DSHS staff and personnel; and

e. Ensure all Contractor personnel have completed a hospice program-specific orientation, conducted by the TCID administrator or designee, before independently providing Services. The orientation will include the following subject areas:

1. Contractor obligations under this Contract;

2. TCID Patient’s rights;

3. Professional conduct, appropriate boundaries between Contractor personnel and TCID Patients, and confidentiality of TCID Patient information; and

4. Appropriate subject matter based on the needs of the Hospice Patients, including end of life, hospice palliative care, and providing for and meeting Hospice Patient care needs.

2.1.10 Confidentiality

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A HIPAA compliant release of information must be signed by the TCID Patient or the TCID Patient’s legal representative, if applicable, prior to Contractor providing any Services to a TCID Patient under this Contract.

2.1.11 Contractor’s Delivery of Hospice Services

a. The Contractor shall develop and implement comprehensive care plans for each Hospice Patient within three (3) days of the Attending Physician’s approval for Hospice Services.

Compliance will be measured by the timely creation and documentation of the care plans and Contractor maintaining 100% compliance with the care plans; and

b. The Treating Physician and Treating Nurse shall conduct weekly assessments of the Hospice Patient. All assessments must be documented and reviewed by Contractor to ensure compliance with the standards of care set forth in Section 2.1.12 (Specifications or Services Performance Standards). Additionally, the accuracy of medical and nursing documentation, including Hospice Patient assessments, must adhere to the TCID policies, including, but is not limited to, thorough and accurate recording of Hospice Patient’s vitals, symptoms, treatment responses, and any changes in the Hospice Patient's condition.

2.1.12 Specifications or Service Performance Standards

When providing the Hospice Services at TCID, Contractor shall comply with Centers for Medicare and Medicaid Services regulatory standards for providing on-site care, care planning, quality of care, patient’s rights and other requirements depending on services and how they are delivered (see Part 418 of Title 42 of the Code of Federal Regulations).

2.1.13 Payment Terms

Payments under the Contract resulting from this Solicitation will be made in accordance with Chapter 2251 of the Texas Government Code, commonly known as the Texas Prompt Payment Act. Chapter 2251 governs remittance of payment and remedies for late payment and non-payment.

Contractor shall complete administrative tasks related to billing and cost reimbursement, including providing detailed invoices and necessary documentation for payment processing, in a timely and accurate manner. Failure to complete these tasks may result in delayed payment.

The invoice must include the Purchase Order number (if applicable) and Contract number.

Contractor shall submit invoices monthly to DSHS by electronic mail at:

GRTCIDFiscalServices@dshs.texas.gov, or by mail, if directed by DSHS, to the following https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2251.htm mailto:GRTCIDFiscalServices@dshs.texas.gov

RFQ No. HHS0014587 Page 16 of 43 address: Texas Center for Infectious Disease, 2303 S.E. Military Drive, San Antonio, Texas 78223.

Reimbursement rates for Services will be based upon the established Medicaid and Medicare rates for Services documented at the following links:

https://www.medicaid.gov/medicaid/benefits/downloads/medicaid-hospice-rate-letter- FY2024.pdf; https://www.medicaid.gov/medicaid/benefits/hospice-benefits/hospice-payments/index.html;

2.1.14 Acceptance Criteria

Contractor shall ultimately be responsible for the accuracy and completeness of its Work including the medical care rendered, work product, methodology, medical evidence presentation, and medical opinions expressed.

2.2 CONTRACT AWARD, TERM, AND HISTORICAL COMPENSATION

2.2.1 Contract Award and Reservation of Rights

As a result of this Solicitation, System Agency intends to award one Contract. Any award is contingent upon approval of the System Agency executive commissioner or their designee.

If, for any reason, a contract cannot be executed with a Respondent selected for award within ten

(10) Business Days of DSHS’s determination to seek to contract with that Respondent, DSHS may avail itself of any option permissible under applicable law including, but not limited to, negotiate a contract with the next highest scoring Respondent, make a partial award, or withdraw the Solicitation.

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

2.2.2 Contract Term

DSHS anticipates that the initial term of any Contract awarded under this Solicitation will be one

(1) year. DSHS, at its sole discretion, may renew any Contract awarded pursuant to this Solicitation for four (4) additional years, for a maximum Contract Term of five (5) years.

Notwithstanding the limitation in the preceding paragraph, and with at least thirty (30) calendar days advance written notice to Contractor, at the conclusion of the Contract Term, DSHS, at its sole discretion, may extend the Contract as necessary to address immediate operational or service delivery needs; to ensure continuity of service; for purposes of transition; or as otherwise determined by DSHS to serve the best interests of the State, for up to 12 months, in one-month intervals, at the then-current Contract rate or rates as modified during the Contract Term.

https://www.medicaid.gov/medicaid/benefits/downloads/medicaid-hospice-rate-letter-FY2024.pdf https://www.medicaid.gov/medicaid/benefits/downloads/medicaid-hospice-rate-letter-FY2024.pdf https://www.medicaid.gov/medicaid/benefits/hospice-benefits/hospice-payments/index.html https://www.medicaid.gov/medicaid/benefits/hospice-benefits/hospice-payments/index.html

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2.2.3 Historical Compensation

Historical compensation under transactions similar in scope and size to this Solicitation has been approximately $30,000.00 per State Fiscal Year. General cost information regarding previous transactions is provided solely for historical context and, as such, does not constitute a funding restriction for this Solicitation.

2.3 NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

DSHS makes no guarantee of volume, usage, or total compensation to be paid under the Contract. The Contract is subject to appropriations and the continuing availability of funds.

2.4 DATA USE AGREEMENT AND SECURITY PRIVACY INQUIRY

a. Contractor is bound by the terms of the Data Use Agreement (DUA), Version 8.5, attached as Exhibit D.

b. In its Solicitation Response, Respondent must complete and return Exhibit D-1, Attachment 2 to the DUA, Security and Privacy Inquiry (SPI) Form.

c. Contractor shall ensure that all Confidential Information (as defined in the DUA), including such information residing on back-up systems, remains within the United States.

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

2.5 GOVERNMENTAL ENTITIES

If Respondent is responding to this Solicitation in its capacity as a governmental entity, certain terms and conditions found in this Solicitation, including the exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Solicitation Response is received from a governmental entity, DSHS reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

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Solicitation Date of Release on ESBD See Date of Release on Page 1 of the Solicitation

Pre-proposal Conference and HSP Training

Attendance is Optional

October 14, 2024 at 10:00 a.m.

Central Time

Deadline for Submitting Questions October 18, 2024 at 10:30 a.m.

Central Time

Tentative Date Responses to Questions Posted on the

ESBD

October 23, 2024 at 05:00 p.m.

Central Time

Deadline for courtesy HSP review October 21, 2024 at 2:00 p.m.

Central Time

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

November 05, 2024 at 10:30 a.m. Central Time

Evaluation Period December

Tentative Date for Notice of Award Posted on the ESBD March 2025

Anticipated Contract Effective Date May 2025

All dates specified in the Schedule of Events are tentative and HHSC reserves the right to modify the dates or cancel the scheduled events at any time. Scheduling changes or cancellation determinations made by HHSC prior to the Solicitation Response deadline will be posted as an Addendum on the ESBD. If, after the Solicitation Response deadline, there are delays that significantly impact the anticipated award date, HHSC, at its sole discretion, may publish updates regarding the anticipated award date in the Procurement Forecast (https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf) located on the HHS Procurement Opportunities webpage currently accessed at https://www.hhs.texas.gov/business/contracting-hhs/procurement-opportunities.

In accordance with Texas Administrative Code, Title 1, Part 15, Chapter 391, Subchapter C, Rule §391.305, HHSC will issue a Notice of Intent to Award in the Procurement Forecast https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://www.hhs.texas.gov/business/contracting-hhs/procurement-opportunities https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf

RFQ No. HHS0014587 Page 19 of 43 located on the HHS Procurement Opportunities webpage under Future Opportunities, Intent to Award Notices & Delayed Procurements.

Each Respondent is responsible for periodically checking the ESBD and the HHSC Procurement Forecast for updates.

3.2 AMBIGUITY, CONFLICT, OR DISCREPANCY

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

Respondent submits a Solicitation Response at its own risk.

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

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

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

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

3.3 INQUIRIES

3.3.1 Sole Point of Contact

All requests, questions, or other communication regarding this Solicitation shall be made in writing to HHSC PCS and addressed to the person identified below, except as permitted in Section 3.3.2 (Exceptions to Sole Point of Contact). If a telephone number is provided by the Sole Point of Contact, its use is limited to administerial matters such as instructing a potential Respondent on accessing an IT system or locating a website referenced in the Solicitation.

Communications via telephone are not binding. Respondent shall rely only on written statements issued by or through HHSC PCS designated staff as provided by Section 3.3 (Inquiries).

RFQ No. HHS0014587 Page 20 of 43

Name Amanda Herrera., CTCD CTCM]

Title PCS Purchaser

Address

Procurement and Contracting Services Building

1100 W 49th St., MC: 2020

Austin, TX 78756

Phone 512 406-2482

Email Amanda.Herrera@hhs.texas.gov

3.3.2 Exceptions to Sole Point of Contact

Exceptions to Section 3.3.1 (Sole Point of Contact) are as follows:

a. A Respondent with a question relating to the HUB Subcontracting Plan is permitted to direct its written question(s) to the HUB coordinator via email at Cheryl.Bradley@hhs.texas.gov

b. The Sole Point of Contact may expressly direct another designated HHSC or DSHS representative to speak to the Respondent, such as during contract negotiations. It is the Respondent’s responsibility to ensure that communications with an individual other than the Sole Point of Contact have been authorized by the Sole Point of Contact before engaging in such communication. Failure to comply with this requirement may result in the disqualification of a Respondent’s Solicitation Response as provided in Section 3.3.3 (Prohibited Communication).

c. The Sole Point of Contact will authorize an alternate or backup Sole Point of Contact in the event of their extended absence from the office and, in such an event, the contact information for the secondary Sole Point of Contact will be placed in an automatic reply out-of-office email message. A Respondent seeking to contact the Sole Point of Contact should do so via email in order to timely receive updated contact information.

3.3.3 Prohibited Communication

Except as provided in Section 3.3.1 (Sole Point of Contact) and Section 3.3.2 (Exceptions to Sole Point of Contact), a Respondent or potential Respondent is prohibited from communicating with HHSC or DSHS regarding this Solicitation. Neither HHSC nor DSHS, including its representative(s) and partners, will answer any verbal or written questions or otherwise discuss the contents of this Solicitation with any Respondent, potential Respondent, or mailto:Amanda.Herrera@hhs.texas.gov mailto:Cheryl.Bradley@hhs.texas.gov

RFQ No. HHS0014587 Page 21 of 43 their associated representative(s). This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation. Failure to comply with this restriction may result in disqualification of Respondent's Solicitation Response.

3.3.4 Solicitation Questions

Written questions regarding this Solicitation must be submitted by email to the individual specified in Section 3.3.1 (Sole Point of Contact) by the deadline specified in Section 3.1 (Schedule of Events). Responses to the Solicitation questions will not be emailed to the individual requestors. Responses to all Solicitation questions timely received will be posted on the ESBD by the deadline specified in Section 3.1 (Schedule of Events). If same or similar Solicitation questions are submitted, a single consolidated answer may be posted on the ESBD.

All questions regarding the Solicitation must include the following information:

a. Solicitation number;

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

c. Question topic (e.g., “Schedule of Events,” or “Exhibit A, HHS Solicitation Affirmations, (version 2.4)“); and

d. Question.

In addition, the following contact information must be provided by the requestor with its submission of the Solicitation question(s):

a. Business entity name;

b. Business entity representative name;

c. Phone number; and

d. Email address.

Solicitation questions received after the deadline specified in Section 3.1 (Schedule of Events) may not be answered. Prior to the Solicitation Response deadline specified in Section 3.1 (Schedule of Events), HHSC PCS reserves the right to amend answers previously posted on the ESBD. Amended answers will be posted on the ESBD. It is the Respondent's responsibility to periodically check the ESBD.

RFQ No. HHS0014587 Page 22 of 43

3.4 PRE-PROPOSAL CONFERENCE

3.4.1 Attendance

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

3.4.2 Pre-proposal Conference Logistical Information

HHSC PCS will hold the pre-proposal conference by webinar on the date and time specified in Section 3.1 (Schedule of Events).

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

Attendees must register for the webinar no later than October 13, 2024 by 4:00 p.m. Central Time at the following link:

Webinar Information:

ht tps:/ / at tendee .gotowebinar.com/ registe r/ 4822554099118326880

** After registration, participants will receive another email with the actual link to the webinar.

3.4.3 Questions During Pre-proposal Conference

a. Attendees may submit Solicitation questions in writing by email during the pre-proposal conference. All questions must be submitted in the prescribed format and include the information specified in Section 3.3.4 (Solicitation Questions).

b. Verbal responses to Solicitation questions may be made during the pre-proposal conference, but only written responses posted by HHSC PCS as an Addendum to the Solicitation on the ESBD will be considered an official response that is a binding amendment to the Solicitation; and

c. Conversations with HHSC or DSHS program area staff before or after the pre-proposal conference are prohibited pursuant to Section 3.3.3 (Prohibited Communication).

3.5 SOLICITATION RESPONSE COMPOSITION

3.5.1 General Information

https://attendee.gotowebinar.com/register/4822554099118326880

RFQ No. HHS0014587 Page 23 of 43

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

3.5.2 Page Limit and Supporting Documentation

The Statement of Qualifications, described in Article V (Statement of Qualifications), must not exceed five (5) pages, not including staffing profiles, CV/resumes and other supporting documentation provided as appendices or attachments to the Statement of Qualifications. A Statement of Qualifications may be submitted with supporting documentation if (1) complete and concise responses cannot be provided within the Statement of Qualifications without referencing the supporting documentation, (2) the Statement of Qualifications clearly specifies the location (e.g., file, page, section, and/or paragraph) where the supporting information can be found, and

(3) such supporting documentation is submitted as part of the Solicitation Response.

The Statement of Qualifications must be properly paginated, formatted as an 8 ½” x 11” page with 1-inch margins, and use a 12 point or larger font, except that a smaller font may be used for page headers and footers, footnotes, and illustrations such as tables, charts, diagrams, figures, graphs and other visual aids. If a font smaller than 12 point is used, the text when printed on 8 ½” x 11” paper must not require magnification to be legible. Times New Roman font is preferred.

The Statement of Qualifications must not include other documents embedded as electronic files within the text and must not include hypertext links. The Statement of Qualifications, including supporting documentation, submitted as an electronic file should be pre-formatted for printing on 8 ½” x 11” paper.

3.5.3 Discrepancies

In the event of any discrepancies or variations between copies, neither HHSC nor DSHS is under an obligation to resolve the inconsistencies and may make its scoring and selection decisions accordingly, including the decision to potentially disqualify a Solicitation Response. If Respondent is required to designate an “Original” Solicitation Response but fails to do so, HHSC or DSHS in its sole discretion, will determine the version to be used as the original or may disqualify the Solicitation Response. If the Respondent submits a redacted Solicitation Response as the “Original”, HHSC or DSHS will disqualify the Solicitation Response and it will not be evaluated. HHSC or DSHS will not accept submissions after the “Deadline for Submission of Solicitation Responses” specified in Section 3.1 (Schedule of Events) to remedy discrepancies or variations in Solicitation Response submissions.

RFQ No. HHS0014587 Page 24 of 43

3.5.4 Exceptions

A Respondent is highly encouraged, in lieu of including exceptions in its Solicitation Response, to address all issues that might be advanced by way of exception by submitting such issues as questions in accordance with Section 3.3.4 (Solicitation Questions).

A Solicitation Response that is not responsive to the Solicitation requirements may result in disqualification. If a Respondent includes any exception(s) in its Solicitation Response, Respondent must specifically and clearly identify each exception on the Exhibit E, Exceptions Form, and provide all information requested on the form. Any exception that is not submitted on the form and in the format prescribed by the Exhibit E, Exceptions Form, may be rejected without consideration.

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

3.5.5 Assumptions

Respondent must identify on the Exhibit F, Assumptions Form, any business, economic, legal, programmatic, or practical assumptions that underlie the Respondent’s Solicitation Response.

HHSC and DSHS reserve the right to accept or reject any or all assumptions. All assumptions not expressly identified and incorporated into any Contract resulting from this RFQ are deemed rejected by HHSC or DSHS.

3.5.6 Binding Offer

A Solicitation Response constitutes a binding offer to contract based upon the terms, conditions, and specifications set forth in this Solicitation. By submitting a Solicitation Response, Respondent represents and warrants that any individual submitting the Solicitation Response and any related documents on behalf of the Respondent is authorized to do so and to bind the Respondent under any contract that may result from this Solicitation.

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

A Solicitation Response may be disqualified as non-responsive to the Solicitation if it includes any disclaimer asserting a conditional offer (e.g., Respondent’s ability to contract is contingent on an exception or assumption provided in accordance with Section 3.5.4 (Exceptions) or Section 3.5.5 (Assumptions)) or other similar statement indicating that the Solicitation does not constitute a binding offer.

RFQ No. HHS0014587 Page 25 of 43

3.6 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.6.1 Deadline

Respondent is solely responsible for ensuring timely delivery of its Solicitation Response by the date and time specified in Section 3.1 (Schedule of Events). HHSC PCS will time stamp each Solicitation Response. Solicitation Responses received after the deadline specified in Section

3.1 (Schedule of Events) will be rejected and not considered for contract award.

3.6.2 Delivery

3.6.2.1 General Instructions

It is the Respondent’s responsibility to appropriately mark and deliver the Solicitation Response to HHSC PCS by the date and time specified in Section 3.1 (Schedule of Events). System Agency will not be responsible for submission errors that may lead to disqualification due to nonreceipt or late delivery of a Solicitation Response. In no event will System Agency be responsible or liable for any delay or error in delivery.

3.6.2.2 Solicitation Response – Component Parts

Respondent…