ESBD_381390_1730136023487_HHS0014662v2.pdf

PCS 550 HHS RFP/RFO Template RFP/RFO No. HHS0014662v2 Page 1 of 43 Version 2.10 Revision Date 09/12/2023

Stephanie Muth, DFPS Commissioner

Request for Proposals (RFP) for

DFPS Interstate Compact on the Placement of Children (ICPC) Home Assessment and Supervision Services

RFP No. HHS0014662v2

Date of Release: October 28, 2024.

See Section 3.1 for Schedule of Events

952-01 Adoption Services 952-47 Foster Care Services 952-59 Human Services (Not Otherwise Classified) 952-85 Support Services 952-95 Youth Care Services

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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/Statement of Work

2.1.1 General Information

2.1.2 Service Requirements

2.1.3 Eligible Population

2.1.4 Standards of Service Delivery

2.1.5 Service Delivery Area(s)

2.1.6 Respondent’s Licensing Requirements

2.1.7 Contractor Personnel Listing

2.1.8 DFPS Background Check Policy

2.1.9 Service Authorization and Referral Process

2.1.10 Major Service Deliverables

2.1.11 The Request

2.1.12 The Decision

2.1.13 The Placement

2.1.14 Supervision of the Placement

2.1.15 The Closure

2.1.16 Documentation Requirements

2.1.17 Required Record Keeping

2.1.18 Required Reports

2.1.19 Utilization and Compensation

2.1.20 Historical Utilization and Compensation

2.1.21 Method of Payment

2.1.22 Invoicing Process

2.2 Contract Award, Term, and Historical Compensation

2.2.1 Contract Award and Execution

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2.2.2 Contract Term

2.3 Data Use Agreement and Security Privacy Requirements

2.4 No Guarantee of Volume, Usage, or Compensation

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

3.3.2 Prohibited Communication

3.3.3 Exception to Sole Point of Contact

3.3.4 Solicitation Questions

3.4 Pre-proposal Conference

3.4.1 Attendance

3.4.2 Training Webinar Information

3.4.3 Questions at Pre-Proposal Conference

3.5 Solicitation Response Composition

3.5.1 General Information

3.5.2 Page Limit and Supporting Documentation

3.5.3 Discrepancies

3.5.4 Exceptions

3.5.5 Assumptions

3.5.6 Binding Offer

3.6 Solicitation Response Submission and Delivery

3.6.1 Deadline

3.6.2 Submission Option

3.6.3 Submission Checklist

3.6.4 Labeling and Delivery for USB Submission and Other Materials

3.6.5 Modifications and Withdrawals

Article IV. Solicitation Response Evaluation and Award Process

4.1 Conformance with State Law

4.2 Best Value Determination

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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 Advancement Criteria

4.2.7 Best and Final Offer (BAFO)

4.2.8 Final Written Response Score

4.2.9 Summary of Best Value Determination

4.3 Questions or Requests for Clarification

Article V. Narrative Proposal

5.1 Narrative Proposal

5.1.1 Executive Summary

5.1.2 Experience and Demonstrated Ability

5.1.3 Narrative Proposal

5.1.4 Budget Narrative

Article VI. Required Respondent Information

6.1 Company Information

6.1.1 Company Narrative

6.1.2 Company Profile

6.2 Franchise Tax – Right to Transact Business in Texas

6.3 References

6.4 Major Subcontractor Information

6.5 Affirmations and Certifications

6.6 Other Reports

6.6.1 Dun and Bradstreet Reports

6.6.2 Financial Statements and Financial Solvency

6.6.3 Alternate Report

6.7 Corporate Guarantee

6.8 HUB Subcontracting Plan

6.9 Secretary of State Certification

Article VII. Cost Proposal

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7.1 Cost Proposal

Article VIII. General Terms and Conditions

8.1 General Conditions

8.1.1 Changes, Modifications, and Cancellation

8.1.2 Offer Period

8.1.3 Costs Incurred

8.1.4 Contract Responsibility

8.1.5 Public Information Act - Respondent Requirements Regarding Disclosure

8.1.6 Respondent Waiver – Intellectual Property

8.1.7 Standards of Conduct for Vendors

8.1.8 Disclosure of Interested Parties

8.2 Insurance

8.2.1 Minimum Insurance Requirements

8.2.2 Contractor Notice to DFPS of any Material Changes

8.2.3 Alternative Insurability

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) on behalf of the Texas Department of Family and Protective Services (DFPS) seeks to contract with a Child Placing Agency (CPA) who holds a valid Health and Human Services Child Care Regulation (CCR) issued license to conduct home assessments and supervise the placement of children placed in Texas whose home state is outside of the State.

The mission of DFPS is to promote safe and healthy families and protect children and vulnerable adults from abuse, neglect, and exploitation. Child Protective Services (CPS) partners with families and communities to address child abuse and neglect by practicing in a way that ensures safety, permanency, and well-being for the children and youth we serve.

HHSC Procurement and Contracting Services (PCS) will administer the procurement process for this Solicitation, which includes RFP publication, handling of communications from vendors, as well as managing the receipt of solicitation responses for review and evaluation.

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

Information regarding DFPS and its programs is available online and can currently be accessed at https://www.dfps.texas.gov/

1.2 DEFINITIONS

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

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

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

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

“Calendar Day” means a day shown in the calendar beginning at midnight and ending at midnight the following day.

“Competitive Range” has the same meaning as the definition under Title 1 of the Texas Administrative Code Part 15, Chapter 391, Subchapter A, Rule §391.107(3).

https://www.dfps.texas.gov/ https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=15&ch=391&rl=107

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“Contractor” means the awarded vendor.

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

“DFPS” means the Department of Family and Protective Services.

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

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

“Fiscal Year” means from September 1st through August 31st.

“HHSC” means the Health and Human Services Commission.

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

HHSC.

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

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

“Receiving State” means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons. For purposes of this solicitation, the Receiving State is Texas.

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

“Sending State/Agency” means a party state, officer, or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state;

a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state. For the purposes of this solicitation, the Sending Agency is the out-of-state Child Welfare agency.

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

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

http://www.txsmartbuy.gov/

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

“VPTS” means Vendor Performance Tracking System, as defined under Section

2262.055 of the Texas Government Code and Title 34 of the Texas Administrative Code Part 1, Chapter 20, Subchapter B, Division 2, Rule §20.115 and Subchapter F, Division 2, Rule §20.509.

1.3 AUTHORITY

DFPS is soliciting the services stated in this Solicitation under of the authority Texas Government Code Section 2155.144(a), (b-1)(2).

ARTICLE II. SCOPE OF WORK

2.1 DESCRIPTION OF SERVICES/STATEMENT OF WORK

2.1.1 General Information

The Child Protective Services (CPS) Program’s purpose is to protect children and to act in the children’s best interest. CPS focuses on children and their families and seeks active involvement of the children’s parents and other family members to solve problems that lead to abuse or neglect.

The objectives of CPS are to:

a. Prevent further harm to children and to keep children with their families when possible.

b. Provide permanence for children in substitute care by resolving safety threats or enhancing parental protective capacities and returning children to their families.

c. Provide permanency for children and youth who cannot return to their families.

2.1.2 Service Requirements

2.1.2.1 Purpose

The purpose of the Interstate Compact on the Placement of Children (ICPC) Services is to ensure that children placed in Texas DFPS Region 6 and Region 7, from other states, are placed with families who are safe and able to meet the child’s needs.

2.1.2.2 Need for Service

DFPS seeks to contract with a Child Placing Agency (CPA) who holds a valid Health and Human Services Child Care Regulation (CCR) issued license. The Contractor must ensure the safety, permanency, and well-being of the children being placed https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2262.htm#2262.055 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=115 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=509

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a. Conducting Initial Assessments and home studies for foster, adoptive and dual licensed homes; and

b. Monitoring foster and/or adoptive placements per Child Care Regulation Minimum Standards for Child Placing Agencies.

The Contractor is responsible for providing the requested ICPC Services until the Sending State’s legal case is dismissed, or the adoption is consummated in compliance with:

a. Child Care Regulation Minimum Standards for Child Placing Agencies;

b. Texas Family Code Chapter 162; and

c. 26 Texas Administrative Code Chapter 749.

More information regarding the adoption of children through the Texas DFPS may be attained by visiting the Texas Adoption Resource Exchange (TARE) website.

2.1.3 Eligible Population

a. Services will be provided only to children who require a basic level of care and referred directly by DFPS to the Contractor.

b. Children who are in the custody of another state are not assigned a service package or level when a home study request is submitted. If determined that the child’s needs are higher than basic services can address, the Contractor will provide the Receiving State’s Regional ICPC Coordinator a decision memo documenting why the child’s needs are higher. Receiving State’s State Office ICPC will request the Sending State to contract with a CPA in order to meet the child’s individual needs through service delivery. Once the Decision Memo has been approved and submitted to the Sending State, services will no longer be required of the Contractor.

2.1.4 Standards of Service Delivery

Contractor will comply with the requirements in Exhibit B, DFPS Vendor Uniform Terms and Conditions Dec-2023, Section VII (Q), when providing services.

2.1.5 Service Delivery Area(s)

DPFS will award one (1) Contract to serve children located throughout Region 6 and Region 7 of the DFPS Regions.

A full listing of DFPS Regions can be found at:

https://www.dfps.state.tx.us/Contact_Us/map.asp.

https://www.hhs.texas.gov/sites/default/files/documents/doing-business-with-hhs/provider-portal/protective-services/ccl/min-standards/chapter-749-cpa.pdf https://www.hhs.texas.gov/sites/default/files/documents/doing-business-with-hhs/provider-portal/protective-services/ccl/min-standards/chapter-749-cpa.pdf https://www.hhs.texas.gov/sites/default/files/documents/doing-business-with-hhs/provider-portal/protective-services/ccl/min-standards/chapter-749-cpa.pdf https://statutes.capitol.texas.gov/Docs/FA/htm/FA.162.htm https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=26&pt=1&ch=749 http://www.adoptchildren.org/ https://www.dfps.texas.gov/images/maps/counties/region06.gif https://www.dfps.texas.gov/images/maps/counties/region07.gif https://www.dfps.state.tx.us/Contact_Us/map.asp

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2.1.6 Respondent’s Licensing Requirements

Contractor must:

a. Provide a copy of the Contractor’s valid and current Child-Placing Agency license to provide adoption services issued by HHS Child Care Regulation.

b. Maintain a valid adoption license in the State of Texas; and

c. Notify the DFPS Contract Manager if the agency is placed on a Corrective Action Plan by Child Care Regulation.

d. A provisional license is not acceptable.

2.1.7 Contractor Personnel Listing

The Contractor must submit Form PCS-102, Contracting Entity and List of Staff, Subcontractors, and Volunteers for DFPS Contract Manager’s written approval prior to providing services under the contract, when there is a change in key personnel or principals, on an annual basis thereafter, and upon request by DFPS. Written DFPS Contract Manager approval signifies the person has been cleared to provide services and have access to personal client information.

2.1.8 DFPS Background Check Policy

a. Section 411.114 of the Texas Government Code and DFPS Purchased Client Services policy, located in the DFPS Contract Handbook, requires DFPS to conduct Criminal and Abuse/Neglect/Exploitation Background Checks on Contractors and on each employee, subcontractor, or volunteer who will have direct contact with DFPS clients, including direct delivery of services to DFPS clients under a contract or access to personal client information. Background check results must be maintained and rechecked every 24 months.

b. The Contractor will get the information necessary to run these background checks via Forms 2970c and 2971c. It may be necessary for the Contractor to obtain additional information from the employee, subcontractor, or volunteer if the person does not live in Texas or has recently lived outside of Texas in another state. See 1521 Fingerprint-Based Criminal History Checks and 1522 Out-of-State Abuse and Neglect History Checks of the DFPS Purchased Client Services Background Check Policy for more detail.

https://www.dfps.state.tx.us/Background_Checks/default.asp

c. Contractors must submit background check requests for criminal abuse and neglect history information for background checks electronically through the DFPS Automated Background Check System (ABCS) according to the instructions in the user guide located at: DFPS - Automated Background Check System (ABCS) (texas.gov).

d. With the following exemption in Section 2.1.8 (e) below, the Contractor must comply with background check requirements as defined in Exhibit B, DFPS Vendor Uniform Terms and Conditions-Dec. 2023, Section VII (C).

https://www.dfps.texas.gov/Doing_Business/Purchased_Client_Services/Regional_CPS_Contracts/forms.asp#General_Documents https://www.dfps.texas.gov/Doing_Business/Purchased_Client_Services/Regional_CPS_Contracts/forms.asp#General_Documents https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm http://www.dfps.state.tx.us/Doing_Business/Purchased_Client_Services/Regional_CPS_Contracts/forms.asp https://www.dfps.state.tx.us/Background_Checks/default.asp https://www.dfps.texas.gov/Background_Checks/abcs.asp https://www.dfps.texas.gov/Background_Checks/abcs.asp

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e. Translators and interpreters providing services on behalf of the Contractor are exempt from this section. The Contractor must ensure that all translators and interpreters are always accompanied by the Contractor’s Case Managers.

Translators, interpreters, or any other person without the proper background clearance are not to be left alone with the Caregiver or in the Caregiver's home.

2.1.9 Service Authorization and Referral Process

Following contract execution, the Contractor must have a signed and dated Service Authorization, Form 2054 prior to providing the requested ICPC Services.

2.1.9.1 Authorization Form

Only services authorized on a valid Service Authorization, Form 2054 may be billed.

a. A current Form 2054 must be on file prior to services rendered.

b. The Form 2054 authorizing service, must be maintained in each client’s record as a basis for payment.

2.1.9.2 Unauthorized Claims

The following claims will be subject to non-payment or collection if payment has already been made.

a. Service types not authorized; or

b. Services delivered by a person not meeting the minimum qualifications.

2.1.9.3 Referral

The referral must include a completed initial assessment and home study request for the placement of the child from the Sending State.

2.1.10 Major Service Deliverables

DFPS purchases ICPC Services to facilitate the verification or approval of the home for children who are placed in Texas and whose home state is outside of the State.

There are typically five primary stages in the process for successful interstate placements which include:

a. The home study request;

b. The home study decision;

c. The placement of the child;

d. Supervision of the home; and

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e. Closure of the case.

Major Service deliverables include any individual or combination of the following:

a. ICPC Home Study Verification/Approval Process.

b. Supervision of the home.

2.1.11 The Request

a. The Sending State’s Child Welfare Agency submits an ICPC Foster Care or Adoption home study request to the Receiving State’s ICPC Office for placement of a child with a family that resides in Texas. The Sending State’s Child Welfare Agency is requesting either Foster Care verification or Adoption approval of the Texas family. For the purposes of this solicitation, the Sending State’s Child Welfare agency is the out of state agency.

b. The Sending State’s ICPC Office reviews the Foster Care/Adoption home study request for ICPC compliance and compact requirements. The Sending State’s ICPC Office submits the home study request to the Receiving State’s ICPC Office. For the purposes of this solicitation, the Receiving State is Texas.

c. The Receiving State’s State Office ICPC Specialist reviews the home study request and submits the home study request to the Receiving State’s ICPC Regional Coordinator for review. The Receiving State’s ICPC Regional Coordinator submits the referral that includes the home study request and Initial Assessment to the awarded Contractor.

2.1.12 The Decision

The Contractor reviews the referral and arranges to conduct the home study.

a. Contractor initiates contact with the family within seven (7) Calendar Days to initiate the verification/approval process.

b. Contractor completes the home study in 45-60 Calendar Days. If additional information is needed to complete the home study, the awarded Contractor will notify the ICPC Regional Coordinator who will notify the Receiving State’s ICPC Specialist.

c. Contractor submits the completed home study along with the verification or approval certificate to the Receiving State’s ICPC Regional coordinator within 125 Calendar Days from the date the referral was made to the Contractor.

d. State Office ICPC approves or denies the request for placement of the child in Texas and notifies the Sending State’s ICPC Office. If the Foster Care or Adoption home study is approved, the Sending State’s Child Welfare agency has 6 months to determine if placement of the child in Texas will be completed.

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e. If the Foster Care or Adoption home study is denied, the Receiving State notifies the Sending State’s ICPC Office. State Office ICPC closes the Foster Care or Adoption home study request.

2.1.13 The Placement

If the Sending State places a child in Texas, the Sending State’s ICPC Office notifies the Receiving State’s State Office ICPC by submitting a Placement Status Form 100B. The Receiving State’s State Office ICPC notifies the ICPC Regional Coordinator who will initiate the referral for supervision of the approved Foster Care or Adoptive home to the awarded Contractor by submitting a new Service Authorization Form 2054..

2.1.14 Supervision of the Placement

Contractor must:

a. Provide an initial face-to-face visit to the verified/approved home within thirty (30) Calendar Days of the child’s placement; and

b. Conduct face-to-face visits with the family per minimum standards.

2.1.15 The Closure

a. Both the Sending and Receiving States must agree to dismiss from the case prior to the Sending State’s jurisdiction being terminated. Once the Sending State has legally dismissed from the case, the Sending State will submit a Placement Status -100B closure or Legal Dismissal Order. State Office ICPC will close the ICPC case.

b. Once the case is closed, the Receiving State’s ICPC Regional Coordinator will provide the Contractor the Placement Status-100B closure.

2.1.16 Documentation Requirements

Contractor must:

a. Report any abuse/neglect concerns to the Texas Abuse/Neglect Hotline at 1- 800-252-5400 or www.txabusehotline.org.

b. Document and report any concerns to the Receiving State’s ICPC Regional Coordinator.

2.1.17 Required Record Keeping

The Contractor must ensure compliance with all record keeping requirements stated in this solicitation as well as the requirements in Exhibit B, DFPS Vendor Uniform Terms and Conditions-Dec. 2023, Section II (A), Form 5645V. All records must be housed in a central location and made available and accessible to DFPS without limitations.

https://www.tjjd.texas.gov/wp-content/uploads/2024/02/icpc-100b_8-2001_-status.pdf https://www.tjjd.texas.gov/wp-content/uploads/2024/02/icpc-100b_8-2001_-status.pdf https://www.dfps.texas.gov/Doing_Business/Purchased_Client_Services/Regional_CPS_Contracts/forms.asp https://www.dfps.texas.gov/Doing_Business/Purchased_Client_Services/Regional_CPS_Contracts/forms.asp https://www.hhs.texas.gov/sites/default/files/documents/doing-business-with-hhs/provider-portal/protective-services/ccl/min-standards/chapter-749-cpa.pdf https://www.dfps.texas.gov/Contact_Us/report_abuse.asp http://www.txabusehotline.org/

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2.1.17.1 Client Records

Contractor must maintain individual client case records to include at a minimum:

a. Service Authorization, Form 2054.

b. Other Contract related contacts.

c. Supporting documentation for all services billed to include but not be limited to:

1. Documentation of the date the Form 2054 was received; and

2. Case notes including all Contract documentation requirements.

d. Placement Disruption memo, if applicable.

2.1.17.2 Service Provider Records

The Contractor must maintain personnel records:

a. Resume clearly establishing provider meets minimum experience requirement.

b. Required licensure of staff, if applicable.

c. Training Records; and,

d. Copy of Forms 2970(c) and 2971c and background check results completed by the Regulation Division.

2.1.18 Required Reports

No formal report is required other than the home study and verification/approval certificate or disruption notice. The Contractor is responsible for meeting the documentation requirements as per Minimum Standards.

2.1.19 Utilization and Compensation

2.1.19.1 Funding

DFPS does not guarantee funding at any level and may increase or decrease funds at any time during the term of the contract. Contractors may not use funds received from DFPS to replace any other federal, state, or local source of funds awarded under any other contract. Additionally, Contractors may not use DFPS funds as match (in-kind or cash match) for any other funding opportunity (grant application) in which the Contractor may be participating.

https://www.dfps.texas.gov/Doing_Business/Purchased_Client_Services/Regional_CPS_Contracts/forms.asp#Background_Checks https://www.dfps.texas.gov/Doing_Business/Purchased_Client_Services/Regional_CPS_Contracts/forms.asp#Background_Checks https://www.hhs.texas.gov/sites/default/files/documents/doing-business-with-hhs/provider-portal/protective-services/ccl/min-standards/chapter-749-cpa.pdf

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2.1.19.2 Utilization

DFPS does not guarantee any minimum level of utilization or specific number of referrals. Utilization rates will vary according to the needs of individual clients and DFPS budgetary allocations. Actual utilization is within the discretion of DFPS.

2.1.20 Historical Utilization and Compensation

Contractor will need to consider the service area’s, Region 6 and Region 7, needs for service to be purchased under this Contract. An indication of the level of need for this service is historical utilization data.

DFPS anticipates that the maximum reimbursable amount for the initial full Fiscal Year available for the Contract is $273,550 for Region 7 and $130,000 for Region 6.

After the initial year, Contractor will request subsequent Fiscal Year budget from DFPS Contract Manager.

Table 1 – Historical Service Utilization Total Number of Unduplicated Clients

Fiscal Year (FY) Region 6 Region 7

FY20 125 76

FY21 183 107

FY22 211 129

FY23 150 84

2.1.21 Method of Payment

2.1.21.1 Cost Reimbursement

Payment for services will be on a cost reimbursement basis only, by submitting an invoice as instructed by the assigned DFPS Contract Manager.

2.1.21.2 Foster and/or Adoptive Parents

The foster care pass-through and the adoption subsidy payments that support the child are paid directly from the Sending State to the approved caregiver, and there will be no administrative cost to DFPS or the Contractor to process these payments.

2.1.22 Invoicing Process

The Contractor will submit to DFPS a total bill each month for each month of service in the format prescribed by the Department and will accept as payment in full the contracted unit rate.

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No payment will be made without the submission of correct invoices that are in compliance with the Texas Government Code 2251 (Texas Prompt Payment Act).

Invoices must be received at the designated DFPS CPS Contract location.

2.1.22.1 Instructions for Invoicing DFPS

The Contractor’s staff responsible for preparing invoices will receive instruction on the specifics of invoicing DFPS. The form for invoicing DFPS will be provided by the DFPS Contract Manager.

2.1.22.2 Invoice Process

Payment will be made after receipt of a complete and accurate invoice. The Contractor will utilize a DFPS pre-bill to indicate the services authorized and delivered.

a. The Contractor will receive a Pre-Bill from the DFPS Contract Manager listing clients authorized to receive services during the previous month.

b. The Contractor will submit required billing forms and supporting documentation, as instructed by the DFPS Contract Manager.

c. After the invoice has been processed by DFPS, a Provider Statement will be provided to the Contractor indicating clients for whom services have been paid.

2.1.22.3 Due Date

Services must be billed to the month in which they were completed. Contractors must submit billings to DFPS by the last day of the month following the month in which the services were provided.

2.2 CONTRACT AWARD, TERM, AND HISTORICAL COMPENSATION

2.2.1 Contract Award and Execution

DFPS intends to award one Contract as a result of this Solicitation to serve children placed throughout the Region 6 and Region 7 geographic areas. Any award is contingent upon approval of the DFPS executive commissioner or their designee.

If, for any reason, a final Contract cannot be executed with a Respondent selected for award within thirty days (30) days of DFPS’s determination to seek to contract with that Respondent, DFPS may negotiate a Contract with the next highest-scoring Respondent or may withdraw, modify, or partially award this Solicitation.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2251.htm#:%7E:text=(a)%20A%20subcontractor%20who%20receives,the%20subcontractor%20receives%20the%20payment.

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2.2.2 Contract Term

DFPS anticipates that the initial term of any Contract resulting from this Solicitation shall be one (1) year. DFPS reserves the option to renew the contract for up to two

(2) additional, one (1) year terms.

DFPS reserves the right to extend the contract resulting from this Solicitation for a period of up to 18 months following the expiration of the last renewal, to address immediate operational or service delivery needs.

2.3 DATA USE AGREEMENT AND SECURITY PRIVACY REQUIREMENTS

By entering into a Contract with DFPS as a result of this Solicitation, Respondent agrees to be bound by the terms of the Information Security and Cybersecurity Training located in Exhibit B, DFPS Vendor Uniform Terms and Conditions- Dec. 2023, Section VII (V).

2.4 NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

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

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

2.5 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 all exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Solicitation response is received from a governmental entity, DFPS reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

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ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Date of Release See Date of Release on Page 1 of the RFP

Pre-proposal Conference and HSP Training

Attendance is Optional

November 1, 2024, at 10:00 a.m. Central Time

Deadline for Submitting Questions or Requests for Clarification

November 5, 2024, at 2:00 p.m. Central Time

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

November 12, 2024

Deadline for courtesy HSP review November 15, 2024, at 3:00 p.m. Central Time

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

November 27, 2024, at 10:30 a.m. Central Time

Evaluation Period December 2024

Anticipated Notice of Award March 2025

Anticipated Contract Start Date April 2025

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

NOTE: All dates are tentative and HHSC reserves the right to modify these dates at any time. At the sole discretion of HHSC, events listed in the Schedule of Events are subject to scheduling changes and cancellation. Scheduling changes or cancellation determinations made prior to the deadline for submission will be published by posting an Addendum to the ESBD. After the deadline for submission, if there are delays that significantly impact the anticipated award date, HHSC, at its sole discretion, may post updates regarding the anticipated award date to the Procurement Forecast on the HHS Procurement Opportunities web page. Each https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities

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

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

3.2 AMBIGUITY, CONFLICT, OR DISCREPANCY

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

Respondent submits a Solicitation response at its own risk.

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

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

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

and

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

3.3 INQUIRIES

3.3.1 Sole Point of Contact

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

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. Respondents seeking to contact the Sole Point of Contact should do so via e-mail in order to receive updated contact information.

Name Erin Silva BSHS, CTCD, CTCM

Title Contract Specialist IV https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities

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Address Procurement and Contracting Services Building

1100 W 49th St. MC: 2020

Austin, TX 78756

Phone +1 (512) 406-2657

Email erin.silva@hhs.texas.gov.

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

3.3.2 Prohibited Communication

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

3.3.3 Exception to Sole Point of Contact

Exceptions to Section 3.3.1 are as follows:

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

b. Where it is expressly directed by the Sole Point of Contact that another designated HHSC representative may speak to the Respondent, such as during Contract negotiations. Respondents are required to ensure that communications have been authorized by the Sole Point of Contact before engaging in such communication. Failure to comply with this requirement may result in the disqualification of a Respondent’s Solicitation response.

3.3.4 Solicitation Questions

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

mailto:erin.silva@hhs.texas.gov mailto:dfpshub@dfps.texas.gov

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

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

1. Solicitation number;

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

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

4. Question for HHSC or DFPS.

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

1. Company name;

2. Company representative name;

3. Phone number; and

4. E-Mail address.

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

3.4 PRE-PROPOSAL CONFERENCE

3.4.1 Attendance

HHSC PCS will conduct a HSP Training Webinar. Attendance is optional but highly recommended as the pre-proposal conference will include the training on the proper completion of the HUB Subcontracting Plan. See Section 6.8 (HUB Subcontracting Plan).

Attendees to the virtual HSP Training Webinar are required to send an email to the Sole Point of Contact (Section 3.3.1), advising of participation in the HSP Training Webinar. Attendees must provide their name, phone number, and name of the company they are representing.

3.4.2 Training Webinar Information

HHSC PCS will hold the HSP Training webinar on the date and time set out in Section 3.1 (Schedule of Events).

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

Webinar Information:

Attendees must register for the webinar at the following link:

https://attendee.gotowebinar.com/register/494359562150200919

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

3.4.3 Questions at Pre-Proposal Conference

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

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

c. During the conference, HHSC or DFPS may provide responses to questions and requests for clarification, but only written responses posted by HHSC PCS as an Addendum to the Solicitation on the ESBD will be considered an official, binding update to the Solicitation.

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

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

3.5 SOLICITATION RESPONSE COMPOSITION

3.5.1 General Information

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

https://attendee.gotowebinar.com/register/494359562150200919

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3.5.2 Page Limit and Supporting Documentation

The narrative proposal should not exceed twenty (20) pages and should be formatted for 8 ½" x 11" paper with 1-inch margins and typed in Verdana, 11-point font. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the Solicitation response, with specific reference made to the file, page, section, and/or paragraph where the supporting information can be found.

3.5.3 Discrepancies

In the event of any discrepancies or variations between copies, HHSC or DFPS is under no obligation to resolve the inconsistencies and may make its scoring and selection decisions accordingly, including the decision to potentially disqualify a Solicitation response. If Respondent is required to designate an “Original” Solicitation response but fails to do so, HHSC or DFPS, 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 DFPS will disqualify the Solicitation response and it will not be evaluated. HHSC or DFPS will not accept submissions after the “Deadline for Submission of Solicitation Responses” in the Schedule of Events (Section 3.1) to remedy discrepancies or variations in Solicitation response submissions.

3.5.4 Exceptions

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

Any exception included in a Solicitation response may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its Solicitation response, Respondent is required to use the Exceptions Form included as Exhibit D to this Solicitation and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Exhibit D 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 any Contract resulting from this Solicitation unless expressly made a part of the Contract in writing by HHSC or DFPS.

3.5.5 Assumptions

Respondent must identify on the Assumptions Form, Exhibit E any business, economic, legal, programmatic, or practical assumptions that underlie the Respondent’s response to the Solicitation. HHSC or DFPS reserves the right to accept or reject any assumptions. All assumptions not expressly identified and

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3.5.6 Binding Offer

A Solicitation response should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated. Furthermore, all Solicitation responses constitute binding offers. Any Solicitation response that includes any type of disclaimer or other statement indicating that the response does not constitute a binding offer may be disqualified.

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

3.6 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.6.1 Deadline

Solicitation responses must be received at the address in Section 3.6.4 (Labeling and Delivery for USB Submission and Other Materials) and time-stamped by HHSC PCS no later than the date and time specified in Section 3.1 (Schedule of Events).

Solicitation responses received after the deadline specified in Section 3.1 will be rejected and not considered for Contract award.

3.6.2 Submission Option

a. Submission Option #1: Respondent shall submit two USB drives—one (1) labeled “Original Proposal” and one (1) labeled “Copy”—containing the following documents:

1. Each USB must contain one file named “Original” that contains the Respondent’s entire Solicitation response (except the cost proposal and HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

2. If applicable in accordance with Section 8.1.5, (Public Information Act

– Respondent Requirement Regarding Disclosure), each USB must contain one file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation response, including all exhibits and attachments, in searchable PDF.

3. In accordance with Section 7.1, (Cost Proposal), each USB must contain one file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

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4. In accordance with Section 6.8, (HUB Subcontracting Plan), each USB must contain one file named “HUB Subcontracting Plan” in searchable PDF, that contains the Respondent’s HUB Subcontracting Plan and all supporting documentation.

b. Submission Option #2: Respondent shall submit the following through the Online Bid Room utilizing the procedures in Exhibit H, HHS Online Bid Room:

1. One file named “Original” that contains the Respondent’s entire Solicitation response (except the cost proposal and HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

2. If applicable in accordance with Section 8.1.5, (Public Information Act – Respondent Requirements Regarding Disclosure), one file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation response, including all exhibits and attachments, in searchable PDF.

3. In accordance with Section 7.1, (Cost Proposal), each USB must contain one file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

4. In accordance with Section 6.8, (HUB Subcontracting Plan), each USB must contain one file named “HUB Subcontracting Plan” in searchable PDF, that contains the Respondent’s HUB Subcontracting Plan and all supporting…