ESBD_384444_1733856134255_RFP 774-194166068 Collection Agency MPIP FINAL 12.10.2024.pdf

REQUEST FOR PROPOSAL

Collection Agency MPIP Medical Practice Income Plan Offices

RFP 774-194166068

Pursuant to the provisions of Texas Government Code Title 10 Subtitle D Chapter 2156.121 - 2156.127, General Services Act rules and regulations adopted there under, sealed proposals will be received until the date and time established for receipt. After receipt, only the names of proposers will be made public. Prices and other proposal details will only be divulged after the award, if one is made.

Request for Proposal (RFP) # 774-194166068

Collection Agency MPIP

Due Date: January 24th, 2025 at 12:00 P.M. MST

Proposals must be time stamped by the Texas Tech University Health Sciences Center El Paso Purchasing Office before the hour and date specified for receipt of proposals.

Texas Tech University Health Sciences Center at El Paso Purchasing Office

Attention: Paul Miranda / Lourdes Gomez 130 Rick Francis St, MSC 51010

El Paso, Texas 79905

TABLE OF CONTENTS

SECTION 1 GENERAL INFORMATION 5

1.1 INTRODUCTION 5

1.2 DESCRIPTION OF TEXAS TECH TTUHSC EP HEALTH SCIENCES CENTER EL PASO 5

1.3 GROUP PURCHASING AUTHORITY 5

1.4 TTUHSC EP’S RIGHT TO REJECT 5

1.5 PUBLIC INFORMATION 5

1.6 INQUIRIES AND INTERPRETATIONS 6

SECTION 2 NOTICE TO PROPOSER 7

2.1 SUBMITTAL DEADLINE 7

2.2 TTUHSC EP CONTACT PERSON 7

2.3 KEY EVENTS SCHEDULE 7

2.4 ANTICIPATED TERM 8

SECTION 3 PROPOSAL SUBMISSION PROCEDURES 9

3.1 NUMBER OF COPIES 9

3.2 SUBMITTAL INSTRUCTIONS FOR ONLINE (TECHBID) PROPOSALS 9

3.3 SUBMITTAL INSTRUCTIONS FOR MAILED/DELIVERED PROPOSALS (NOT REQUIRED IF SUBMITTED ONLINE) 9

3.4 PROPOSAL VALIDITY PERIOD 10

3.5 TERMS AND CONDITIONS 10

3.6 STATEMENT ON HUB SUBCONTRACTING PLAN 11

3.7 ALTERNATE PROPOSALS 11

SECTION 4 EVALUATION CRITERIA AND AWARD 12

4.1 EVALUATION PROCESS 12

4.2 PROPOSER’S ACCEPTANCE OF EVALUATION METHODOLOGY 12

4.3 EVALUATION CRITERIA AND WEIGHTS 12

4.4 CONSIDERATION OF ADDITIONAL INFORMATION 12

4.5 ORAL PRESENTATIONS / INTERVIEWS 13

4.6 AWARD PROCESS 13

4.7 BEST AND FINAL OFFER 13

4.8 AWARD OF AGREEMENT 13

SECTION 5 SPECIFICATIONS AND SCOPE OF WORK 16

5.1 GENERAL 16

5.2 MINIMUM REQUIREMENTS 16

5.3 ADDITIONAL REQUIREMENTS SPECIFIC TO THIS RFP 17

SECTION 6 PRICING SCHEDULE 23

SECTION 7 GENERAL TERMS AND CONDITIONS 25

APPENDIX A SAMPLE COLLECTIONS AGREEMENT 26

APPENDIX B EXECUTION OF OFFER 38

APPENDIX C ADDENDA CHECKLIST 41

APPENDIX D HISTORICALLY UNDERUTILIZED BUSINESS (HUB) 42

APPENDIX E TTUHSC EP VENDOR INFORMATION 43

APPENDIX F CONFLICT OF INTEREST QUESTIONNAIRE 44

APPENDIX G TEXAS ETHICS COMMISSION 47

APPENDIX H BUSINESS ASSOCIATE AGREEMENT 48

SUBMITTAL CHECKLIST

Due Date: January 24th, 2025 @ 12:00 P.M. Mountain Standard Time (MST)

Request Number: RFP 774-194166068 – Collection Agency MPIP Vendor Name:

Contact Name:

Phone Number:

Contact E-Mail:

Check-off

1. Signed and Completed Execution of Offer (Ref. Appendix B).

2. Signed and Completed Addenda Checklist (Ref. Appendix C).

3. Signed and Completed HUB Subcontracting Plan (Ref. Appendix D).

4. Responses to questions and requests for information in the Specifications Section (Ref. Section 5).

5. Signed and Completed Pricing Schedule (Ref. Section 6).

6. Deliver Proposal to:

TTUHSC EP prefers that all proposals be submitted using the TechBid system (https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech)

Or Mailed To:

Texas Tech University Health Sciences Center El Paso Purchasing Office Attention: Paul Miranda / Lourdes Gomez 130 Rick Francis St, MSC 51010

7. __ Signed and Completed Conflict of Interest Questionnaire (Ref. Appendix F) https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

SECTION 1 GENERAL INFORMATION

1.1 Introduction

The Texas Tech University Health Sciences Center (“TTUHSC EP”), a part of the Texas Tech University System, seeks proposals from qualified firms for Collection Services. Contractor or Contractors will provide the most practical and cost-effective business model to serve the needs for delinquent Self-Pay Account Receivable and related services (the “Services”). The Services are more specifically described in Section 5.4 entitled Specifications and Scope of Work. The successful firm(s) will engage directly with TTUHSC EP and work cooperatively with the requesting TTUHSC EP Medical Practice Income Plan Office to successfully perform the collection services requested.

1.2 Description of Texas Tech TTUHSC EP Health Sciences Center El Paso

Texas Tech University Health Sciences Center El Paso, Texas Tech University System’s fourth university has a mission to provide education, research, and patient care to West Texas. It is comprised of the Paul L. Foster School of Medicine, the Gayle Greve Hunt School of Nursing, Woody L. Hunt Dental School and a Graduate School of Biomedical Sciences. Research focuses on cancer, diabetes and metabolism, infectious diseases, and neurosciences. The university also has a clinical practice called Texas Tech Physicians of El Paso, which is part of the largest network of healthcare physicians in West Texas. For more information about Texas Tech University Health Sciences Center El Paso, please visit www.elpaso.TTUHSC EP.edu https://www.ttuhsc.edu/about/factbook.aspx

1.3 Group Purchasing Authority

Texas law authorizes institutions of higher education (defined by Section 61.003, Education Code) to use the group purchasing procurement method (ref. Sections 51.9335, 73.115, and 74.008, Education Code). Additional Texas institutions of higher education may therefore elect to enter into a contract with the successful Proposer under this RFP.

1.4 TTUHSC EP’s Right to Reject

This RFP does not commit TTUHSC EP to select a proposer or to award an agreement to any proposer. TTUHSC EP reserves the right to accept or reject, in whole or in part, any proposal it receives pursuant to this RFP. Proposals which are qualified with conditional clauses or alterations or items not called for in the RFP documents, or irregularities of any kind, are subject to disqualification by TTUHSC EP at its option. If TTUHSC EP receives fewer than three proposals, TTUHSC EP has the right to reissue this RFP in order to gain additional competitive proposals.

1.5 Public Information

http://www.elpaso.ttuhsc.edu/ https://www.ttuhsc.edu/about/factbook.aspx

1.5.1 Proposer is hereby notified that TTUHSC EP strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information.

1.5.2 TTUHSC EP may seek to protect from disclosure all information submitted in response to this RFP until such time as a final agreement is executed.

1.5.3 Upon execution of a final agreement, TTUHSC EP will consider all information, documentation, and other materials requested to be submitted in response to this RFP, to be of a non-confidential and non-proprietary nature and, therefore, subject to public disclosure under the Texas Public Information Act (Government Code, Chapter 552.001, et seq.). Proposer will be advised of a request for public information that implicates their materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General. Certain information may be protected from release under Sections 552.101, 552.110, 552.113, and 552.131, Government Code.

1.6 Inquiries and Interpretations

1.6.1 TTUHSC EP may in its sole discretion respond in writing to written inquiries concerning this RFP and post its response as an Addendum to all parties recorded by TTUHSC EP as having received a copy of this RFP. Only TTUHSC EP’s responses that are made by formal written addenda will be binding on TTUHSC EP (“Addenda”). Any verbal responses, written interpretations or clarifications other than Addenda to this RFP will be without legal effect. All Addenda issued by TTUHSC EP prior to the Submittal Deadline will be and are hereby incorporated as a part of this RFP for all purposes.

1.6.2 Proposers are required to acknowledge receipt of each Addendum as specified in this Section. The Proposer must acknowledge all Addenda by completing, signing and returning the Addenda Checklist (ref. APPENDIX C). The Addenda Checklist must be received by TTUHSC EP prior to the Submittal Deadline and should accompany the Proposer’s proposal.

1.6.3 Any interested party that receives this RFP by means other than directly from TTUHSC EP is responsible for notifying TTUHSC EP that it has received an RFP package, and should provide its name, address, telephone number and FAX number to TTUHSC EP, so that if TTUHSC EP issues Addenda to this RFP or provides written answers to questions, that information can be provided to such party.

SECTION 2 NOTICE TO PROPOSER

2.1 Submittal Deadline

TTUHSC EP will accept proposals submitted in response to this RFP until 12:00 P.M., MST on January 24th, 2025 (the “Submittal Deadline”). Proposals should be delivered to:

Texas Tech University Health Sciences Center Purchasing Office

Attention: Paul Miranda / Lourdes Gomez 130 Rick Francis St, MSC 51010

2.2 TTUHSC EP Contact Person

Proposers will direct all questions or concerns regarding this RFP to the following TTUHSC EP contact (“TTUHSC EP Contact”):

Paul Miranda Lourdes Gomez Financial Analyst I, Purchasing Associate Managing Director, Purchasing Tel. (915) 215-6004 • Fax (915) 215-8813 Tel. (915) 215-4675 • Fax (915) 215-8813 paumiran@ttuhsc.edu lourgome@ttuhsc.edu

TTUHSC EP specifically instructs interested parties to restrict all contact and questions regarding this RFP to written communications forwarded to TTUHSC EP Contact. TTUHSC EP Contact must receive all questions or concerns no later than January 7th, 2025 until 4:00 PM MST. TTUHSC EP will have a reasonable amount of time to respond to questions or concerns. It is TTUHSC EP’s intent to respond to all appropriate questions and concerns; however, TTUHSC EP reserves the right to decline to respond to any question or concern.

2.3 Key Events Schedule

TTUHSC EP will make a good faith effort to follow the timeline below for evaluating, negotiating and issuing an award:

Distribution of RFP December 10, 2024 Deadline for Submission of Written Questions January 7, 2025 until 4:00 P.M. MST Deadline for Submission/Delivery of Proposals January 24, 2025 at 12:00 P.M. MST Public Opening of Proposals January 24, 2025 at 3:00 P.M. MST

130 Val Verde, El Paso, Texas 79905 Evaluation of Proposals

Oral Presentations and/ or Interviews (if needed)

February 25, 2025 – March 3, 2025 mailto:paumiran@ttuhsc.edu

2.4 Anticipated Term

The anticipated term of any resulting agreement will begin on the date an agreement is executed, and expire on August 31st, 2026. TTUHSC EP will have the option of five (5) additional one (1) year renewal periods.

• Initial Period: September 1st, 2025 – August 31st, 2026

• Optional Renewal Period #1: September 1st, 2026 – August 31st, 2027

• Optional Renewal Period #2: September 1st, 2027 – August 31st, 2028

• Optional Renewal Period #3: September 1st, 2028 – August 31st, 2029

• Optional Renewal Period #4: September 1st, 2029 – August 31st, 2030

• Optional Renewal Period #5: September 1st, 2030 – August 31st, 2031

[Vendor] certifies this [Agreement] is not prohibited under Tex. Gov’t Code §2261.252(b) and agrees that if [Vendor’s] certification is or becomes untrue, this [Agreement] is void, and [Vendor] will not seek and waives its right to seek any legal or equitable remedy for past or future performance under this [Agreement], including damages, whether under breach of contract, unjust enrichment, or any other legal theory; specific performance; and injunctive relief.

SECTION 3 PROPOSAL SUBMISSION PROCEDURES

3.1 Number of Copies

Proposer must submit a total of one (1) complete copy of its entire proposal. An original signature by an authorized officer of Proposer must appear on the Execution of Offer (ref. APPENDIX B) of at least one (1) copy of the submitted proposal. The copy of the Proposer’s proposal bearing an original signature should contain the mark “original” on the front cover of the proposal.

3.2 Submittal Instructions for Online (TechBid) Proposals

3.2.1 TTUHSC EP prefers that all proposals be submitted using the TechBid system at https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech.

However, if necessary, the proposer may elect to submit a printed version of the proposal and submit the proposal by mail or carrier service.

3.2.2 Proposals must be signed by the responding company’s official authorized to commit such proposals. Failure to sign the Execution of Offer will be basis for proposal disqualification. The TechBid system contains a mandatory “Bidder Affirmation” checkbox certifying this information. By submitting their proposal online, proposers automatically qualify as having a valid signature.

3.2.3 All proposals must be submitted online no later than the date and time indicated in

Section 2.1 “Submittal Deadline.”

3.3 Submittal Instructions for Mailed/Delivered Proposals (Not Required if Submitted Online)

3.3.1 TTUHSC EP prefers that all proposals be submitted using the TechBid system at https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech.

However, if necessary, the proposer may elect to submit a printed version of the proposal and submit the proposal by mail or carrier service.

3.3.2 One (1) original individually-bound completed proposal is required for the mailed or delivered submittals. Note: One (1) electronic version (on a USB drive) is also required for archival purposes.

Proposals must be received by the university on or before the Submittal Deadline (Ref. Section 2.1 of this RFP) and should be delivered to:

Mailing Address: Hand Delivery:

Texas Tech University HSC El Paso Texas Tech University HSC El Paso Purchasing Office Purchasing Office 130 Rick Francis St 130 Val Verde El Paso, TX 79905 El Paso, Texas 79905 Attn: Paul Miranda, Financial Analyst I Attn: Paul Miranda, Financial Analyst I Lourdes Gomez, Associate Managing Director Lourdes Gomez, Associate Managing Director https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech https://suppliers.sciquest.com/texastech/ https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

3.3.3 Proposer is instructed to complete, sign, and return the following documents as a part of its proposal. If Proposer fails to return each of the following items with its proposal, then University may reject the proposal:

Tab 1: Introductory Cover Letter

Tab 2: Responses to questions and requests for information in the Specifications and Scope of Work Section

Tab 3: Signed and Completed Execution of Offer

Tab 4: Signed and Completed Addenda Checklist

Any interpretation made will be in the form of an addendum to the Request for Proposal that will be posted on the Electronic State Daily website located at https://www.txsmartbuy.gov/esbd. For this Request for Proposal, posting on this web page constitutes written notification to all Proposers. Proposers are instructed to check this site daily and are expected to review information on this site carefully prior to the submittal of proposal.

Tab 5: Miscellaneous

Tab 6: References of no less than three (3) organizations for current contracts and/or to which Proposer has previously provided services (within the past five (5) years) of a type and scope similar to those required by University’s

RFP.

3.3.4 Proposals must be signed by the responding company’s official authorized to commit such proposals. Failure to sign the Execution of Offer will be basis for proposal disqualification. NOTE: The original signature on the one (1) required original will serve as the official signature of record for all copies.

3.3.5 Proposals should be submitted in a sealed envelope or box marked with the name of the RFP (as shown on the cover page of this RFP) and the opening date. All proposals must be submitted no later than the date and time indicated in Section

2.1 “Submittal Deadline.”

3.4 Proposal Validity Period

Each proposal must state that it will remain valid for TTUHSC EP’s acceptance for a minimum of one-hundred twenty (120) days after the Submittal Deadline, to allow time for evaluation, selection, and any unforeseen delays.

3.5 Terms and Conditions

Proposer must comply with the requirements and specifications contained in this RFP, including the Agreement (ref. APPENDIX A), the Notice to Proposer (ref. Section 2 of this RFP), Proposal Submission Procedures (ref. Section 3 of this RFP) and the Specifications and Scope of Work (ref. Section 5 of this RFP). If there is a conflict among the provisions in https://www.txsmartbuy.gov/esbd this RFP, the provision requiring Proposer to supply the better quality or greater quantity of Services will prevail.

3.6 Statement on HUB Subcontracting Plan

All agencies of the State of Texas are required to make a good faith effort to assist historically underutilized businesses (each a “HUB”) in receiving contract awards. The goal of the HUB program is to promote full and equal business opportunity for all businesses in contracting with State agencies. Pursuant to the HUB program, if under the terms of any agreement or contractual arrangement resulting from this RFP, the Supplier subcontracts any of the services to be provided to TTUHSC EP, then the Supplier must make a good faith effort to utilize HUBs certified by the Texas Procurement and Support Services. Compliance with good faith effort guidelines is a condition precedent to awarding any agreement or contractual arrangement resulting from this RFP. Each Proposer must complete and return the HSP in accordance with the terms and conditions of this RFP. Proposers that fail to do so will be considered non-responsive to this RFP in accordance with Section 2161.252, Government Code.

TTUHSC EP Purchasing has reviewed this RFP in accordance with the Texas Administrative Code, 34 TAC, Section 20.14, and has determined that subcontracting opportunities are not probable under this RFP. Attached to the RFP as Appendix D is the link to TTUHSC

EP HISTORICALLY UNDERUTILIZED BUSINESS (HUB) SUBCONTRACTING PLAN

(HSP) POLICIES AND PROCEDURES and additional materials required by the rules of the Texas Procurement and Support Services.

A search has been conducted of the Centralized Master Bidders List to identify active HUB vendors in accordance with Title 34, Texas Administrative Code, Section 20.14(a)(1). The following NIGP commodity codes were included:

Code #1 (946-33)

Results can be viewed at the following link:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp

3.7 Alternate Proposals

TTUHSC EP may consider alternate proposals submitted by Proposer. Proposers submitting alternate proposals should (i) clearly identify any exceptions taken to the requirements and specifications set forth in this RFP and (ii) include a detailed description of the alternative(s) proposed. Proposer may suggest additions to the requirements and specifications set forth in this RFP, and all such suggestions must be clearly identified. Alternate proposals should be submitted as attachments to the proposal. Alternate proposals shall meet the same requirements and shall be in the same format as the proposal’s base format.

https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp

SECTION 4 EVALUATION CRITERIA AND AWARD

4.1 Evaluation Process

4.1.1 TTUHSC EP will utilize a proposal evaluation team for the evaluation of this

RFP. The award will be based on the proposal judged to be in the best interest of TTUHSC EP, the judgment in this regard shall be considered final. Any agreement resulting from this request shall be awarded to the proposer providing the “best value” to TTUHSC EP.

4.1.2 Under section 51.9335 of the Texas Government Code in determining what is the best value to an institution of higher education, TTUHSC EP shall consider the purchase price, the reputation of the proposer and of the proposer’s goods or services, the quality of the proposer’s goods or services, the extent to which the goods or services meet TTUHSC EP’s needs, the proposer’s past relationship with TTUHSC EP, the impact on the ability of TTUHSC EP to comply with laws and rules relating to historically underutilized businesses and to the procurement of goods and services from persons with disabilities, the total long-term cost to TTUHSC EP of acquiring the proposer’s goods or services, and any other relevant factor that a private business entity would consider in selecting a vendor.

4.2 Proposer’s Acceptance of Evaluation Methodology

Submission of a proposal indicates proposer’s acceptance of the evaluation technique and proposer’s recognition that some subjective judgments must be made by TTUHSC EP during the assigning of points.

4.3 Evaluation Criteria and Weights

4.1.1 Each proposal shall be evaluated on the ability to meet TTUHSC EP’s requirements and to provide the best value to TTUHSC EP.

4.1.2 The evaluation will be based on the following formula:

Criteria Weight Experience with Contracts of similar scope 20 Experience with higher education institutions 5 Qualifications of the Proposer 20 Quality of resources available for delivering the Goods or Services

Ability, capacity, and skill of Proposer to provide the Services required

Pricing Proposal 25

4.4 Consideration of Additional Information

Consideration may also be given to any additional written information and comments that may serve to clarify the proposal information to TTUHSC EP.

4.5 Oral Presentations / Interviews

Upon completion of the initial review and evaluation of the proposals submitted, selected proposers may be invited to participate in oral presentations. Oral presentations are an option of the evaluation team and may or may not be conducted; therefore, proposals should be complete when submitted by the deadline indicated in the Section 2.1 entitled “Submittal Deadline.”

4.6 Award Process

During the opening, proposals will be acknowledged publicly to identify the names of the proposers, but will be afforded security sufficient to preclude disclosure of the contents of the proposal, including prices or other information, prior to award. After opening, an award may be made on the basis of the proposals initially submitted, without discussion, clarification or modification, or on the basis of negotiation with any of the proposers or, at TTUHSC EP’s sole option and discretion, TTUHSC EP may discuss or negotiate all elements of the proposal with selected proposers which represent a competitive range of proposals. For purposes of negotiation, a competitive range of acceptable or potentially acceptable proposals may be established comprising the highest rated proposal(s).

4.7 Best and Final Offer

When deemed appropriate, after the submission of proposals but before the final selection of the successful proposal, TTUHSC EP may permit a proposer to revise its proposal in order for TTUHSC EP to obtain a best and final offer. TTUHSC EP will provide each proposer within the competitive range with an equal opportunity for discussion and revision of their proposal, and a proposer may elect not to amend their original proposal. TTUHSC EP is not bound to accept the best-priced proposal if that proposal is not the most advantageous to TTUHSC EP as determined by the evaluation team.

4.8 Award of Agreement

4.8.1 TTUHSC EP reserves the right to award an agreement for all or any portion of the requirements proposed by reason of this request, award multiple agreements, or to reject any and all proposals if deemed to be in the best interests of TTUHSC EP and to re-solicit for proposals, or temporarily or permanently abandon the solicitation. If TTUHSC EP awards an agreement, it will award the agreement to the proposer whose proposal is the most advantageous to TTUHSC EP, considering price and the evaluation factors set forth in this RFP.

4.8.2 TTUHSC EP intends to negotiate and award an agreement with the vendor submitting the proposal the evaluation committee determines best meets the system’s requirements and is considered to be the best value overall. The agreement is a non-exclusive agreement, and TTUHSC EP reserves the right to enter into one or more agreements with third parties covering the same or similar

Services.

4.8.3 The proposer may submit its standard agreement for review by TTUHSC EP.

The agreement entered into by the parties shall consist of the RFP, the signed proposal submitted by the vendor, the specifications including all the modifications thereof, a written agreement, and purchase order(s), all of which shall be referred to collectively as the agreement documents.

4.8.4 TTUHSC EP reserves the right to add qualified vendors after the original RFP award(s) on an as needed basis if the existing award(s) does not meet the needs of TTUHSC EP. Additional vendors will be required to respond with information evidencing they meet all requirements and specifications of this RFP. TTUHSC EP reserves the right to final judgment in this regard.

4.8.5 Any resulting agreement may be subject to review and approval by The Board of Regents of Texas Tech University System (the “BOR”). If the BOR does not approve the agreement, then the agreement is null, void, and of no effect. Rules governing the approval and execution of contracts can be viewed here: The Rules & Regulations of the Board of Regents, Chapter 07 https://www.texastech.edu/board-of-regents/regents-rules/chapter-07-fiscal-management.pdf

4.8.6 TTUHSC is required under Texas Legislature House Bill 1295 (section 2252.908 of the Government Code) to request Ethics Commission Reporting from Suppliers with agreements that:

(1) requires an action or vote by the governing body of the entity or agency; or

(2) has a value of at least $1 million (value of an agreement is based on the amount of consideration received or to be received by the Supplier from TTUHSC).

The Business Entity must file Form 1295 electronically with the Texas Ethics Commission using the online filing application:

https://www.ethics.state.tx.us/filinginfo/1295/

4.8.7 TTUHSC El Paso may award a Contract to one or more successful Proposers. Any Services awarded from this RFP, must comply with Texas Government Code 2107 (as applicable) and any rules established by the Texas Attorney General. Any Contract resulting from this RFP must be reviewed and approved by the Texas Attorney General.

4.8.8 TTUHSC El Paso may provide the awarded Proposer(s) any information, including confidential information, that TTUHSC El Paso is not prohibited from sharing and that is:

1. In the custody of TTUHSC El Paso; and

2. Necessary to the Collection of the Obligation.

https://www.texastech.edu/board-of-regents/regents-rules/chapter-07-fiscal-management.pdf https://www.texastech.edu/board-of-regents/regents-rules/chapter-07-fiscal-management.pdf https://www.ethics.state.tx.us/filinginfo/1295/

4.8.9 The Proposer will be required to comply with any and all regulations relating to the protection of confidential and private information. Any employee working for the Proposer(s) is subject to all statutory prohibitions against the wrongful disclosure of confidential information that TTUHSC El Paso and TTUHSC El Paso employees are subject to. The Proposer’s employees will be subject to the same penalties for wrongful disclosure of information that would apply to an employee of TTUHSC El Paso.

4.9.0 The Proposer shall provide adequate insurance to provide reasonable coverage for damages negligently, recklessly, or intentionally cause by the Proposer or the Proposer’s employees or agents in the course of collecting an Obligation under the Contract.

SECTION 5 SPECIFICATIONS AND SCOPE OF WORK

5.1 General

The minimum requirements and the specifications for the Services, as well as certain requests for information to be provided by Proposer as part of its proposal, are set forth below. The successful Proposer is referred to as the “Supplier.”

5.2 Minimum Requirements

Each Proposal must include information that clearly indicates that Proposer meets each of the following minimum qualification requirements if applicable:

Proposer is current with the State of Texas Comptroller of Public Accounts (if applicable) https://comptroller.texas.gov/

Proposer can provide Certificate of Franchise Tax status. (If applicable) https://ourcpa.cpa.state.tx.us/coa/Index.html

Proposer shall demonstrate evidence of certifications, permits, licenses and insurances as appropriate to perform Services as required.

Current TTUHSC EP Insurance Requirements include but are not limited to:

Workers’ Compensation Insurance with statutory limits, and Employer’s Liability Insurance with

Limits of not less than $1,000,000 Employers Liability - Each Accident $1,000,000

Employers Liability - Each Employee $1,000,000 Employers Liability - Policy Limit $1,000,000

Policies must include (a) Other States Endorsement to include TEXAS if business is domiciled outside the State of Texas, and (b) a waiver of all rights of subrogation and other rights in favor of TTUHSC EP;

Commercial General Liability Insurance with limits of not less than:

Each Occurrence Limit $1,000,000

Damage to Rented Premises $ 100,000

Medical Expenses (any one person) $ 10,000

Personal & Advertising Injury $1,000,000

General Aggregate $2,000,000

Products - Completed Operations Aggregate $2,000,000

Commercial Automobile Liability Insurance covering all owned, non-owned or hired automobiles, with coverage for at least $1,000,000 Combined Single Limit Bodily Injury and Property Damage;

Professional Liability Insurance with limits of not less than $1,000,000 per claim.

https://comptroller.texas.gov/ https://ourcpa.cpa.state.tx.us/coa/Index.html

Debt recovery is subject to the Federal Fair Debt Collection Practices Act and the Telephone Consumer Protection Act 47 United States Code section 227, as well as other state and local rules and regulations. Proposer shall demonstrate evidence of certifications, permits, licenses and insurances as appropriate to provide the Services as required.

Current surety bond on file with the Texas Secretary of State, as required under §392.101, Texas Finance Code if applicable for Services provided.

https://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

A Performance Bond in the amount of one hundred twenty-five thousand dollars ($125,000.00) will be required. Such bond must be issued by a reputable bonding company that is acceptable to TTUHSC El Paso.

5.3 Additional Requirements Specific to this RFP

Proposer m u s t s u b m i t t h e f o l l o w i n g i n f o r m a t i o n a l s e c t i o n s a s p a r t o f P r o p o s e r ’ s proposal:

5.3.1. Experience and Performance

Provide written detail about corporate background and experience.

5.3.1.1. Organizational and Staff Structure –.

Provide the total number of employees.

Provide the number of employees dedicated to the collection of accounts

Describe the training given to company employees.

5.3.1.2. Company-Customer Relationships –

Describe the customer service offered to clients.

Provide the name of the individual within the company who will serve as the primary point of contact if an award is made based on this proposal

Name title Email telephone number

Describe how TTUHSC EP inquiries will be handled in this person’s absence.

https://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

5.3.1.3. Historical Performance –

How many years has the company provided collection services for medical accounts?

Discuss the company’s experience with medical teaching institutions in the State of Texas.

Provide --number of accounts currently managed and serviced total dollar volume and number of accounts currently managed in all categories company’s overall collection rate including:

The number, dollar value, and average balance of placements

The total dollars collected and recovery percentage

The total number of accounts and percentage of accounts brought into repayment, cancellation.

The dollar amount and percentage of dollars placed returned to the client

5.3.1.4. Provide references and description of services from

current or recent clients. These should include specifications and requirements most similar to those described in this RFP.

Company name

Contact Name Contact email Contract/RFP#

5.3.2. Collection Procedures

Provide written detail documenting how proposed product meets the requirements found in Section 5.4 Specifications / Service Scope of Work including:

5.3.2.1. Collection Procedures - The soundness of the

Proposer’s approach to patient account Collections. The Proposer’s demonstrated competence and experience with Accounts Receivable Collections. Collection practices and procedures should ensure maximum recovery of debts.

5.3.3. Technology & Value Add Services

Provide written detail documenting technology products and solutions utilized in the collection service process including reporting capabilities.

5.3.3.1. Technology – Describe the technology utilized by the company including the company’s computer capabilities and available services provided directly by the company or by a third-party software vendor. Describe the software used to monitor accounts. Discuss the components of the company’s disaster recovery plan. Describe the methods in which accounts can be placed with the agency.

5.3.3.2. Provide written detail documenting additional services related to the Collection Services provided by proposer.

5.3.3.3. Value Add Services – Provide a description of any

additional services that may be valuable to TTUHSC EP such as seminars, training, and access provided to information regarding regulatory updates.

5.4 Service Specifications

Contractor will provide the following services to TTUHSC EP:

5.4.1 Contractor agrees to accept for collection, without regard to the amount of the account, upon the terms and conditions prescribed in this RFP, all unpaid accounts that TTUHSC EP may choose to refer to the Contractor for collection.

The number and origin of these accounts and the means by which Contractor shall receive the accounts shall be determined solely by, and may be altered at the discretion of TTUHSC EP. TTUHSC EP places past due balances only and the option for acceleration of these accounts are at the discretion of TTUHSC EP.

5.4.2 Contractor shall acknowledge to the Medical Practice Income Plan Office, and to any other office or entity designated in writing by TTUHSC EP, the receipt of all accounts referred to Contractor for collection. Contractor shall transmit this acknowledgment in a form acceptable to TTUHSC EP no later than one (1) business day after accounts are referred to Contractor.

5.4.3 Contractor shall promptly undertake, through proper and lawful means, the collection of every account referred by TTUHSC EP without regard to the amount.

Contractor agrees and warrants that all collection activities will be in conformity to existing federal, state or local laws and regulations. Contractor agrees to indemnify TTUHSC EP for any costs of whatever kind and nature incurred by TTUHSC EP as a result of any legal action against TTUHSC EP from the collection practices or methods of Contractor's officers, agents or employees.

5.4.4 Contractor shall implement thorough collection procedures in its attempt to achieve a maximum recovery of debts. Such procedures shall include telephone calls, mail efforts and skip tracing procedures whenever necessary.

5.4.5 Contractor acknowledges the privacy rights of debtors and shall not release information to any credit bureau or other third parties without full compliance with all federal and state privacy laws and prior written approval from TTUHSC EP.

Contractor, at the request of TTUHSC EP, must be able to manage credit bureau reporting on physician fee-for-service receivables.

5.4.6 Contractor shall maintain sufficient safeguards to prevent unauthorized access to information, such as secure handling and storage of all data and security password protection on any computer equipment. Contractor must be in full compliance with HIPPA, and any other applicable federal and state laws.

5.4.7 Contractor shall furnish to each Medical Practice Income Plan Office, the following reports:

1.) A monthly Debtor Status Report detailing all active accounts.

2.) A monthly Placement Analysis Report.

3.) A Schedule of Aged Accounts Receivables of all active accounts submitted monthly.

4.) A monthly report of accounts returned to TTUHSC EP which have not been converted to regular repayment status by the end of 1 (one) year.

5.) A monthly inventory report of all Paid in Full accounts.

All reports must be sent separately by Contractor.

5.4.8 These reports shall be in a form acceptable to TTUHSC EP, shall include information required by TTUHSC EP, and be furnished at times prescribed by TTUHSC EP. TTUHSC EP requires that all reports submitted to TTUHSC EP list TTUHSC EP ID numbers as the TTUHSC EP account number and not individual’s social security numbers unless otherwise requested.

5.4.9 Contractor shall be responsible for ensuring that the accounts are updated to reflect the amount actually past due. Contractor shall return an account to TTUHSC EP as soon as the delinquency has been paid. Contractor shall exercise special care to ensure that the entire principal with interest and penalties assessed and collection fees, as authorized by the Debtor’s signed agreement or as otherwise authorized by law, have been paid before informing the borrower or debtor that the debt is paid in full.

5.4.10 Contractor shall reimburse TTUHSC EP for any amount which becomes uncollectible or which is lost due to any act or omission of the Contractor or its officers, agents, or employees. Such acts or omissions may include, but are not limited to, accepting a compromise settlement for less than the total amount due without authorization of TTUHSC EP, acknowledging that a payment constitutes payment in full when in fact the account is not paid in full, and failing to immediately refer any Notice of Bankruptcy to TTUHSC EP.

5.4.11 Contractor agrees to suspend action either temporarily or permanently on any account referred for collection upon notification to do so by TTUHSC EP and to return accounts to TTUHSC EP upon request of TTUHSC EP.

5.4.12 No collection fees shall be paid to Contractor on accounts that are referred for collection, but on which TTUHSC EP receives payment prior to any collection efforts being performed by Contractor.

5.4.13 No collection fee shall be paid to Contractor on accounts that are deferred, postponed or canceled. In the event an account is reduced or canceled by TTUHSC EP, no contingency fee will be due the Contractor for the amount of the reduction or cancellation except the fees on amounts collected but not paid prior to the reduction or cancellation.

5.4.14 Contractor shall not share in funds collected by TTUHSC EP as a result of exercise by TTUHSC EP of its rights to offset monies owed the debtor by the State of Texas or TTUHSC EP. TTUHSC EP will notify Contractor of any monies received pursuant to these enforcements or offset procedures.

5.4.15 Any amounts received by Contractor, which are in excess of that which is due and payable, are overpayments and shall be forwarded in full to TTUHSC EP with an explanation that the amount is an overpayment. Contractor shall not be entitled to a collection fee for overpayments and shall not retain any portion of an overpayment.

5.4.16 Contractor agrees to promptly cancel and return to TTUHSC EP all accounts on which collection activity has ceased or accounts which are requested to be returned by TTUHSC EP. Contractor agrees to return accounts with a record of any contacts made with the borrower including current address, telephone number, and other information that will aid in the future collection of the account.

The transmission of such information is part of the service to TTUHSC EP that Contractor agrees to perform.

5.4.17 Contractor will maintain records as they pertain to said accounts in such a manner as to be auditable by TTUHSC EP during normal business hours. TTUHSC EP shall have the right to conduct such audits upon reasonable notice to Contractor.

Contractor will not destroy any of the records and documents relating to TTUHSC EP accounts until it receives written permission to do so from TTUHSC EP.

5.4.18 Contractor shall promptly respond to complaints or inquiries transmitted to Contractor by TTUHSC EP which arise out of Contractor's performance of the resulting Agreement, and shall remove from any and all TTUHSC EP accounts any of Contractor’s officers, employees or agents who are engaged in questionable tactics.

5.4.19 Upon the termination of any resulting Agreement, Contractor shall return all accounts to TTUHSC EP and any payments received by the Contractor after such termination date shall be sent to TTUHSC EP without a fee charge.

5.4.20 All money received for an account after the date that the account was required to be returned to TTUHSC EP under any provisions of any resulting Agreement shall be returned in full by Contractor to TTUHSC EP.

5.4.21 Should Contractor either fail or refuse to return an account to TTUHSC EP as required by any provision of any resulting Agreement, Contractor shall cease any further collection effort on the account and shall consider the account under the control of TTUHSC EP. Contractor shall be responsible for all costs, fees, and expenses incurred by TTUHSC EP in its efforts either in or out of court to obtain the return of accounts. Contractor shall also be responsible for any claims or damages that may arise from its failure or refusal to return accounts in a timely fashion.

5.4.22 Contractor shall return TTUHSC EP all accounts not converted to regular repayment status by the end of 1 (one) year from date of placement with Contractor.

5.4.23 Contractor shall provide the borrower or debtor a printed statement of account at their request.

5.4.24 Contractor shall not, under any circumstances, use any threats, intimidation, harassment, or any unfair collection practices in the collection of accounts or violate any guidelines established by federal, state, and local laws, regulations, and rules affecting the work and shall maintain all required protection for property, employees, and public.

5.4.25 Contractor shall provide collection services in accordance with the most recent applicable federal regulations. The personnel of the contractor who handle collection efforts shall be knowledgeable of and comply with the most recent applicable federal regulations, guidelines, and policy interpretations governing physician fee-for- service receivables.

5.4.26 Contractor shall remit monthly payment reports to Texas Tech University Health

Sciences Center E l P a s o and deposit the net proceeds of payments collected by check to TTUHSC EP’s account or an alternative format which may require gross deposit and invoiced remittance as designated by individual medical practice income plan office in writing. Returned checks are not to be netted out of the totals, but rather the fee originally paid to the agency returned to TTUHSC EP, and the gross amount of the checks paid to the agency. The monthly statements will contain the TTUHSC EP ID as identifier.

SECTION 6 PRICING SCHEDULE

Proposal of:

(Proposer Company Name)

Ref.: Collection Agency MPIP

RFP No.: RFP 774-194166068

Having carefully examined all the specifications and requirements of this RFP and any attachments thereto, the undersigned proposes to furnish the Services required pursuant to the above- referenced Request for Proposal upon the terms quoted below.

6.1 Fee Structure for Services Offered:

Be advised that TTUHSC El Paso cannot contract to pay Contractor an amount in excess of 30% of the total obligation collected, in accordance with Texas Government Code §2107.003.

Fee Schedule

Please indicate below the percentage fee on amounts collected in the First Placement, and Secondary Bad Debt categories that your company offers to charge for the services. If your company cannot offer services in a particular category please type in N/A.

The following collection commission shall be the sole consideration paid to Contractor for its services under this Contract for all accounts*:

Amounts Collected on Self Pay Fee % for Physician Accounts (Professional Services)

Self-Pay %

Amounts Collected from 3rd Party Payor, i.e., Insurance Recovery

Fee % for Physician Accounts (Professional

3rd Party Payor %

• Payments received by Proposer shall be sent to TTUHSC El Paso in ACH form at the statement date. TTUHSC El Paso will supply the Proposer with the information needed to schedule payment, and will inform the Proposer immediately of any changes. The statement must summarize Collections received on each Debtors Obligation. The Proposer shall provide a separate report summarizing payment reversals, such as insufficient funds and error corrections, along with a refund to TTUHSC El Paso for any Collection fee paid in association with these payments.

Respectfully submitted, Proposer: ______________________

By: ____________________________ (Authorized Signature for Proposer)

Name: ________________________

Title: _________________________

Date: _________________________

SECTION 7 GENERAL TERMS AND CONDITIONS

The terms and conditions contained in the attached Agreement (ref. APPENDIX A) or, in the sole discretion of TTUHSC EP, terms and conditions substantially similar to those contained in the Agreement, will constitute and govern any agreement that results from this RFP. If Proposer takes exception to any terms or conditions set forth in the Agreement, Proposer will submit a list of the exceptions as part of its proposal. Proposer’s exceptions will be reviewed by TTUHSC EP and may result in disqualification of Proposer’s proposal as non-responsive to this RFP. If Proposer’s exceptions do not result in disqualification of Proposer’s proposal, then TTUHSC EP may consider Proposer’s exceptions when TTUHSC EP evaluates the Proposer’s proposal.

Appendix A Sample Collections Agreement

(“Contract”)

The Texas Tech University Health Sciences Center at El Paso by and through the undersigned duly authorized official, hereinafter called "TTUHSC EP" and , hereinafter called "Contractor", hereby agree as follows:

That the Contractor, for and in consideration of the covenants, conditions, contracts, and stipulations hereinafter expressed, does hereby agree to furnish to TTUHSC EP collection services (“Services”) as outlined in the provisions below entitled "General Provisions" and "Specifications for Collections", which are a part of this Contract, and that Contractor’s performance of the Services shall (1) conform to the specifications and requirements of that certain Request for Proposal related to Collection Services for Texas Tech University, RFP No. 774-194166068 and all addenda, requests for best and final offers, and requests for clarification (collectively the "RFP"), which is incorporated by reference for all purposes, and (2) to the extent consistent with the RFP, conform with Contractor’s proposal dated Contractor’s response to the Best and Final Offer dated (collectively, the, “Contractor’s Proposal”) which was submitted by Contractor in response to the RFP and is incorporated by reference for all purposes. To the extent that the RFP or Contractor’s Proposal conflict with the terms of this Contract, the terms of this Contract shall control, unless specifically stated otherwise in the RFP.

A. GENERAL PROVISIONS

1 Contractor agrees to indemnify, defend and hold harmless the State of Texas, Texas Tech University System and their Regents, TTUHSC EP and their officers, agents and employees from any and all liability, loss, damage or expense including reasonable attorney's fees and investigative expenses they may incur which result from any claims against them, individually or severally, for any acts or omissions by the Contractor or its officers, agents or employees in the performance of this Contract.

2 The Contractor, its officers, agents or employees, in the performance of this Contract, shall act in an independent capacity and not as officers, agents or employees of Texas Tech University System, the State of Texas or TTUHSC EP.

3 TTUHSC EP may terminate this Contract and be relieved of the payment of any further obligation to Contractor should Contractor fail to perform the covenants herein contained within the time or in the manner provided. In the event of such termination, TTUHSC EP may proceed with specific performance of the Services provided for herein in any manner deemed proper by TTUHSC EP.

4 Except as specifically provided in any HUB Subcontracting Plan (“HSP”), this Contract is not assignable by Contractor either in whole or in part without the prior written consent of TTUHSC EP.

5 No amendment, alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties hereto. This Contract contains the entire Contract of the parties and no oral understanding or agreement not incorporated herein shall be binding on either of the parties hereto.

6 The consideration to be paid Contractor, as provided herein, shall be in compensation for all

Services performed and expenses incurred, including travel and per diem, unless otherwise expressly provided.

7 The laws of the State of Texas shall govern the interpretation and performance of this

Contract. ANY ACTION BROUGHT TO ENFORCE ANY PROVISION OF THIS AGREEMENT SHALL BE

BROUGHT IN A COURT OF COMPETENT JURISDICTION OF THE STATE OF TEXAS.

8 The term of this Contract shall be from to with the right resting in TTUHSC EP to extend the term of the Contract, subject to the same terms and conditions, for two

(2) additional twelve (12) month periods upon written notice to Contractor.

9 To the extent that Chapter 2260, Texas Government Code, is applicable to this Contract and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TTUHSC EP and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business.