ESBD_406061_1743434363688_RFP 515-25-0001 Peer Assistance.doc

RFP 515-25-0001 Peer Assistance Program

STATE OF TEXAS

TEXAS STATE BOARD OF PHARMACY

REQUEST FOR PROPOSAL NO. 515-25-0001

PEER ASSISTANCE PROGRAM

Reference: RFP 515-25-0001

CLASS: 952 ITEM: 05

Posting Date: 04/07/2025

RESPONSE DEADLINE: 05/07/2025 @ 4:00 PM CT

SUBMIT RESPONSES to Texas State Board of Pharmacy online Procurement Portal: https://pharmacytexas.bonfirehub.com/portal/

Submissions by other methods will not be accepted. Minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. Javascript and browser cookies must be enabled.

Respondents should contact Bonfire at Support.bonfire@eunasolutions.com for technical questions related to submissions or visit Bonfire’s help forum at https://vendorsupport.gobonfire.com/hc/en-us Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated.

ORGANIZATION NAME

ADDRESS

TAX ID/VENDOR IDENTIFICATION NUMBER

The vendor’s authorized agent must sign below. By signing this document, the respondent acknowledges that all information contained in the document is true and correct and that respondent agrees to comply with all terms and conditions. Failure to sign will disqualify this bid. By signing this bid, respondent certifies that if a Texas address is shown as the address of the respondent, respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

Signature Title

Date

TABLE OF CONTENTS

1.0 INTRODUCTION

1.1 General Information

1.2 Purpose

1.3 Statutory Basis

1.4 Definitions

1.5 Term of Contract

1.6 Change Process

1.7 Cancellation

1.8 Order of Precedence

1.9 Agency contact

1.10 Schedule

2.0 STATEMENT OF WORK-GENERAL ELEMENTS

2.1Contract Services

2.2 Director

2.3 Funding & Payment

2.4: History

2.5: Transfer of Records

2.6: Referrals

2.7 Address & Hours

2.8 Advisory Committee

2.9 Confidentiality

2.10 Contract Compliance Reports and Data

2.11 Remedies

3. 0 Evaluation

3.1 Best Value:

3.2 Criteria to Score and to Rank Eligible Respondents

3.3 Documentation

3.4 Self-Evaluation and Record Maintenance

3.5 Policy and Procedure Manual

3.6 Business Plan

3.7 Itemized budget

3.8 Experience

3.9 Proposal Evaluation

3.10 References

3.11 Vendor Performance 13

4.0 Submission and Contract Requirements

4.1 Submissions

4.2 Authorized Agent Signature

4.3 Cost of Submissions

4.4 Public Information

4.5 Questions

4.6 HUB Subcontracting

4.7 Insurance Requirements

4.8 Certification and Prohibited Contracts

4.9 Form 1295

1.0 INTRODUCTION

1.1 General Information

The Texas State Board of Pharmacy (TSBP) issues this request for proposal for a contractor to provide a Peer-Assistance Program (Program) that will identify, assist, and monitor pharmacy students and Texas-licensed pharmacists impaired by chemical abuse or dependency (drug or alcohol), or mental or physical illness. The contractor shall provide a Peer Assistance Program that offers support and assistance and has a rehabilitative rather than an adversarial or punitive emphasis.

The estimated number of participants actively being monitored has averaged 107 over the last four years.

1.2 Purpose

The Texas State Board of Pharmacy (TSBP) is currently seeking sealed proposals to establish a contract for a Peer Assistance Program as outlined in this RFP. The contractor must be an organization established to aid pharmacists or pharmacy students impaired by chemical abuse or mental or physical illness in assessment, referral to treatment, provide monitoring of recovery, and report to TSBP relevant information relating to an individual’s impairment. When appropriate, the contractor may also advocate for a participant to the Board.

In addition, the Program is required to establish and comply with criteria that are at least as strict as those contained in 26 Tex. Admin. Code §§8.101-.125.

1.3 Statutory Basis

RFP 515-25-0001 is based in statute, the Texas Pharmacy Act (Tex. Occ. Code, Chapter 564, subchapters A and B) and the General Appropriations Act. The contractor shall provide support and assistance in accordance with Chapter 564, Occupations Code.

1.4 Definitions

TSBP -

Texas State Board of Pharmacy

Fiscal Year - September 1 to August 31

Respondent - Any individual, partnership, corporation or other legal entity submitting a timely proposal in response to this RFP.

Contractor-Any individual, partnership, corporation or other legal entity awarded a contract under this RFP

RFP -

Request for Proposals

State - State of Texas

CPA-Comptroller of Public Accounts

SPD-State Procurement Division

HUB-Historically Underutilized Business

Program – Peer Assistance Program

LMSW-Licensed Master Social Worker LPC-Licensed Professional Counselor LMFT-Licensed Marriage and Family Therapist Participant: Pharmacists and pharmacy students who are impaired by chemical abuse or mental or physical illness and participating in the Peer Assistance Program.

1.5 Term of Agreement

A contract, if any, will be effective upon signing by the Texas State Board of Pharmacy (TSBP) and any vendors selected by the evaluation process for contracted work to begin September 1, 2025 through August 31, 2027. The selected vendor will be eligible to provide services for an initial period of two (2) years from the initiation of the contract, with two (2) optional two-year renewals at TSBP’s discretion, i.e. two (2) additional two-year periods commencing September 1, 2027, and September 1, 2029.

1.6 Change Process

Changes to any contract arising from this RFP must be in writing and coordinated through the TSBP’s designated contract administrator prior to the change. The agency point-of-contact for contract administration is David Hardy. TSBP may appoint a new contract administrator at our sole discretion. Upon agreement of both parties, except as noted below, a formal amendment will be issued by TSBP.

1.7 Cancellation

TSBP reserves the right to cancel this contract without cause with thirty (30) days written notice to the vendor.

1.8 Order of Precedence

In the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract (or Notice of Award), Attachments to the Contract (or Notice of Award), Request for Proposals, and Respondent’s Response to Request for Proposals.

1.9 Agency contact

The point-of-contact for this RFP is:

David Hardy, CTPM 1801 Congress Ave., Ste. 13.100 Austin, TX 78701 Phone: 512-305-8023 Fax: 512-305-8075 E-mail: david.hardy@pharmacy.texas.gov

All questions are to be directed to the agency point-of-contact. Upon publication of this RFP, besides written inquiries as described in Section 4.5 Questions, employees and representatives of TSBP will not answer any questions or otherwise discuss the contents of the RFP with any potential provider or their representatives. If a potential provider fails to observe this restriction, that provider’s response to this RFP may be disqualified.

1.10 Schedule

This schedule of events is subject to change by the TSBP. In the event of a change, notice will be posted on the ESBD and bid portal, https://pharmacytexas.bonfirehub.com/portal/.

2.0 STATEMENT OF WORK

2.1 Contract Services:

2.1.1 Intervention Services: Program shall provide intervention services to all pharmacists and pharmacy students referred to the program. Such services shall be provided by Program staff. In addition, Program shall have a network of regional pharmacists participating in the program available to assist potential participants and participants.

2.1.2 Network of Health Professionals: Program shall establish a network of qualified health professionals throughout Texas who provide evaluation and referral for treatment to eligible impaired participants. A qualified health professional is defined to include a physician, psychologist, licensed professional counselor, licensed social worker, psychiatric/mental health nurse, and licensed clinical dependency counselor, necessary to assess a range of potential needs of clients including testing and evaluations for psychiatric disorders, psychiatric illnesses, emotional and behavior problems, substance-related and addictive disorders, physical, and mental disorders. The Program shall develop an agreement setting our requirements for a network of qualified health professionals to include at minimum criteria for applicable professional educational degree, certification(s), proper licensure for practice as a health professional, years of experience, and compliance with state privacy laws and HIPAA compliance.

The Program shall be responsible for coordinating initial assessments by the type of health professional specified by TSBP. The Program shall provide information specified by TSBP to the health professionals.

See Section 2.3.4 for costs related to initial assessments by the Program.

2.1.3 Monitoring: Program shall monitor an impaired participant’s compliance with the terms of his/her treatment and rehabilitation program/contract, including through the use of random and discretionary urinalysis or other types of drug analysis. All costs for the random and discretionary urinalysis or other types of drug analysis are the responsibility of the individual participating in the Program. See Section 2.3.5 for costs related to monitoring of participants.

2.1.4 Education: Program must provide education to all pharmacists and pharmacy students regarding substance use disorder, peer assistance, the Texas Pharmacy Act, and TSBP rules, e.g., through professional newsletter articles, online publications, participation in educational seminars and trade association events for pharmacists and pharmacy students, etc. This education must be provided at a minimum, two (2) times each year.

2.1.5 Participant Contracts: Program shall contract in writing with eligible impaired participants, and contract terms shall specify participant’s treatment and rehabilitation program requirements, pursuant to guidelines approved by TSBP. TSBP shall specify the types of participant behavior requiring a mandatory referral to TSBP by the Program.

2.2 Director: Program shall employ a full-time director, who shall have earned a master’s degree in counseling, social work, or psychology from an accredited four-year college or university and has held a license for a minimum of four (4) years in his/her respective discipline, such as LMSW, LPC, or LMFT.

2.2.1 Knowledge: Director shall be knowledgeable of statutory requirements regarding eligible participants and conditions for which services may be offered and documentation showing ongoing compliance with such requirements. Director must have knowledge of pharmacy and drug laws and regulations, including the Texas Controlled Substances Act and rules, the Dangerous Drug Act and rules, and the Texas Pharmacy Act and TSBP rules.

2.2.2 Director Communication With Participants: Director or Director’s designee shall personally or telephonically or electronically communicate with each impaired participant on a monthly basis. Director shall identify non-compliance and report to TSBP, pursuant to guidelines approved by TSBP. A person serving as a designee of the Director shall be qualified to do so, including having earned at a minimum a degree in counseling, social work, or psychology from an accredited four year college or university.

2.2.3 Testimony: Director or Director’s designee shall provide testimony in disciplinary hearings and/or court proceedings as requested by TSBP.

2.2.4 Other Director Duties: Director shall assist TSBP with other peer assistance related issues.

2.3 Payment and Costs

2.3.1 Funding & Payment: Funding for the contract will depend upon the amount of peer assistance fees collected by TSBP but will not exceed the contracted amount. Appropriations are awarded for a two-year period from September 1, 2025, through August 31, 2027. The contract will be in accordance with the Texas Pharmacy Act (Tex. Occ. Code, Chapter 564, subchapters A and B), and will not exceed $311,784.00 per year for the initial term of the contract. Contingent upon the amount collected, funding could be less than $311,784.00.

Payment for subsequent terms may vary dependent on legislative appropriations. Payment will be made in accordance with Section 8 of the Standard Terms and Conditions. Payment may be made in twelve (12) monthly fixed installments.

2.3.2 Fees: Program may charge an annual monitoring fee per the schedule set out in this subsection that is the responsibility of the individual for participating in the program, unless the individual is required by TSBP to participate under a disciplinary order, in which case no fee may be charged. The monitoring fee amounts apply to all currently enrolled volunteer participants as well as new volunteer participants.

(a) Student pharmacist-intern with TSBP: $300 per year ($25 per month)

(b) Pharmacist with an inactive, suspended, revoked, or expired license with TSBP: $300 per year ($25 per month)

(c) Pharmacist with active license with TSBP: $600 per year ($50 per month).

2.3.4 Assessment Costs and Fees: All costs of an initial assessment as determined by TSBP will be borne by the Program. All costs of an initial assessment as determined by TSBP will be borne by the Program. The Program may negotiate with health professionals regarding costs of assessments. See Section 2.1.2 for Assessment by Network…

2.3.5 Monitoring Costs and Fees: It is preferred that the cost of the drug screen to the Participant (for the standard drug panel) not exceed $75.00. This fee would be all-inclusive, including but not limited to split specimens and confirmatory testing, MRO services, litigation support packages, and collection fees. No additional fee may be charged by the collection site. Respondents must not charge in advance for tests, COC forms, or other necessary forms. All charges are to apply only after submission of a drug test.

Additional fees may be charged if a participant requests re-testing of a specimen. Proposal must include a list of additional fees that participants incur if a re-test is requested. Fees are considered part of the contract and may only be changed upon written approval of TSBP.

2.4 History: Program shall demonstrate a documented history of identification, intervention, assessment/initial evaluation, referral for treatment, and monitoring of impaired health-care professionals, preferably pharmacists and pharmacy students who are impaired by chemical abuse or mental or physical illness. See Section 3.8 for requirements related to experience.

2.5 Transfer of Records: Program shall ensure continuity of services and monitoring for persons enrolled in the program including transfer of applicable client records/files from previous contract provider and to subsequent contract provider within seven (7) days of contract period.

2.6 Referrals: Program shall accept referrals of pharmacists and pharmacy students impaired by chemical abuse or dependency, or mental or physical illness from:

· self-referrals

· practitioners

· students

· family

· friends

· Texas State Board of Pharmacy

· Any other credible source.

Program shall encourage, promote, and publicize the ability for individuals to make such referrals to the program. Program may accept self-referrals of pharmacy technicians.

Program shall assist TSBP with referrals to health professionals of pharmacy technicians and pharmacy technician trainees.

2.7 Address & Hours: Program shall maintain a permanent, publicized business address within Texas, which shall be open for business between 8:00 a.m. and 5:00 p.m. Monday through Friday, except holidays as specified in TSBP’s calendar of events, and which shall have a 24-hour/day telephone communication system, including a toll-free telephone number. Program must be available seven days a week, 24 hours a day.

The Parties shall agree on any additional office closures, and the Respondent shall inform its participants of such office closures, i.e., by publicly posting office closures on its website.

2.8 Advisory Committee: An advisory committee shall be established to oversee the Peer Assistance Program. The advisory committee, which shall be composed of a minimum of three (3) pharmacists licensed by TSBP (who have no potential for direct financial gain from serving on the committee), and one member of the Texas State Board of Pharmacy who shall serve as an ex-officio member of the Advisory Committee. At least one (1) of the members on the advisory committee shall be an individual in current or sustained recovery from a substance use condition(s) and mental health condition(s). The committee shall meet a minimum of two (2) times a year. In addition, a grievance committee shall be established with three (3) pharmacists licensed by TSBP in order to evaluate potential violations of program requirements by participants. The committee shall meet as required by Program staff.

2.9 Confidentiality: Program shall maintain effective controls to assure confidentiality pursuant to the Texas Pharmacy Act (Tex. Occ. Code, Subtitle J) and any other applicable federal or state law or regulation. In the event that data transferred to and from or stored by the Program is subject to data breach at the fault or negligence of Program, Program shall be responsible for all notifications required and all costs associated with the breach.

2.10 Contract Compliance Reports and Data

2.10.1 Monthly reports shall be submitted to TSBP by the 15th of the following month and reflect:

A. Statistical data that reflects the number of individuals referred to the program and the current status of these individuals, as specified by TSBP;

B. Description of contacts for additional funding; and

C. Any other pertinent information requested by TSBP, the State Auditor, or LBB.

2.10.2 Quarterly expenditure reports shall be submitted to TSBP by the 15th of the following month after the close of the quarter. The report shall include a detailed accounting of all expenditures of the program including those provided to TSBP and those relating to any services provided to another state agency contracting with the program and shall demonstrate that the expenditures under this contract are not used for administration of the program for any other state agencies.

A. Data for LBB performance measures shall be submitted to TSBP as follows:

B. Within 15 days after the end of each quarter of the fiscal year for the State of Texas (December 15, March 15, June 15, and September 15):

C. Number of licensed individuals participating in the Program; and

D. Number of students participating in the Program; and

E. Within 15 days after the end of the fiscal year for the State of Texas (August 31)

F. Recidivism rate for the Program;

G. One-year completion rate for the Program; and

H. As requested by the Board, any other pertinent information regarding the program

2.10.3 Annually a report of program activities shall be submitted to TSBP.

2.11 Remedies: Failure to comply with contract requirements in Section 2 may result in imposition of a corrective action plan. The plan’s design and duration are at the TSBP’s discretion.

3.0 EVALUATION

3.1 Best Value: The TSBP intends to award one contract to the responsive respondent whose proposal offers the best value to the State.

3.2 Criteria to Score and to Rank Eligible Respondents: Each Respondent shall provide written responses for each criterion set forth below. Noted parenthetically after each criterion is the maximum numerical value that can be assessed by TSBP staff upon evaluation of each proposal. The total numerical value that can be assessed is 100. Documentation for each item listed under 3.0 must be numbered to correspond to the particular item, e.g., all documents submitted in response to item 3.1 must be identified with a 3.1 in the top right had corner of the document.

3.3 Documentation: Maintenance of documentation showing ongoing compliance with statutory criteria and contract criteria, and maintenance of program financial records. Such documentation shall be subject to audit by the State Auditor. Such documentation shall be submitted to TSBP, as requested by TSBP. (20%)

3.4 Self-Evaluation and Record Maintenance: Respondent shall provide an active plan for ongoing program evaluation including criteria for program success, and maintenance of records regarding performance data and submission of reports as required in Section 2.10above by TSBP. Such reports shall include monthly reports of program activities, quarterly reports of applicable Legislative Budget Board (LBB) performance measure data, and an annual report of program activities. (40%)

3.5 Policy and Procedure Manual: Maintenance of a Policy and Procedure Manual to include policies that are at least as rigorous as those set forth in 26 TAC §8.115., and which shall include: (5%)

1. statement of purpose and service responsibility to the public and the pharmacy profession;

2. explanation of rehabilitative nature of the program;

3. description of the role of TSBP in the program;

4. procedural outline for operating the program, stressing the need for early identification and intervention;

5. procedures used by the program for identification, intervention, evaluation, referral for treatment, and monitoring;

6. information about re-entry into the pharmacy profession and relapse prevention;

7. information about aftercare programs, and ways in which aftercare, if appropriate, will be encouraged;

8. information about criteria for evaluation of referral and evaluation services, treatment programs, and aftercare programs;

9. information about reports of individuals to TSBP;

10. information about evaluating the success of the program;

11. policies and procedures for scheduling and conducting advisory committee meetings and training events for intervenors, including the policies regarding the frequency and content of meetings and training events; and

12. samples of forms and/or form letters.

3.6 Business Plan: A detailed Business Plan to include the program’s vision, mission, goals and objectives, strategic plan, and action plan. (5%)

3.7 Itemized Budget: An itemized budget, within the specifications of the contract, which shall reflect all Program expenditures. (10%)

3.8 Experience: Respondents must provide demonstrated experience in providing peer assistance and substance abuse rehabilitation. It is preferred that respondents have a minimum of five years of experience peer assistance services. Respondents shall provide the number of years of experience in peer assistance services. (20%)

3.9 Proposal Evaluation: Proposals will be evaluated on the following:

Sections 3.3, 3.4, 3.5, 3.6, 3.7, and 3.8 will be scored for evaluation purposes. The scores assigned to those sections will be totaled and calculated as 100% of the overall score

3.10 References: Respondents must provide at least three (3) references. References must be current or previous customers and or employers (employees may also be considered) of the respondent and have been users of the respondent’s services. References are scored pass/fail.

References may expect to be contacted after proposals are opened, but before negotiations for award.

List references separately and include the following:

Agency or Entity

Date(s) of Services Provided

Name of Contact: Telephone Number of Contact

Email Address of Contact

TSBP reserves the right to not check references at its sole discretion.

3.11 Vendor Performance: A Respondent’s past performance will be measured based upon pass/fail criteria, in compliance with applicable provisions of §2155.074, 2155.075, 2156.007, 2157.003, and 2157.125, Gov't Code. Respondents may fail this selection criterion for any of the following conditions:

a. A score of less than C in the current Vendor Performance System,

b. An Unsatisfactory rating in the old Vendor Performance System,

c. Currently under a Corrective Action Plan through the CPA,

d. Having repeated negative Vendor Performance Reports for the same reason,

e. Having purchase orders that have been cancelled in the previous 12 months for non-performance (i.e. late delivery, etc.).

Contractor performance information is located on the CPA web site at:

http://www.window.state.tx.us/procurement/prog/vendor_performance/

3.11.1 TSBP has the right to review any vendor performance reports from other government entities, based on Respondents’ having worked with those entities. The same conditions shall apply for evaluation of vendor performance outside of Texas.

4.0 SUBMISSION REQUIREMENTS

4.1 Submissions

Responses must be submitted through TSBP’s online bid portal at: https://pharmacytexas.bonfirehub.com/portal/

Bidders are required to register with Bonfire eSourcing. Respondents should contact Bonfire at Support.bonfire@eunasolutions.com for technical questions related to submissions or visit Bonfire’s help forum at https://vendorsupport.gobonfire.com/hc/en-us

Submissions may be amended, but only before the Submission Deadline. Proponents wishing to amend their proposals may amend before the Submission Deadline directly on the e-Procurement Portal.

Submissions by other methods will not be accepted. Minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. Javascript and browser cookies must be enabled. Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated.

RESPONSES MUST BE RECEIEVED BY MAY 7, 2025 4:00 PM CENTRAL TIME.

4.2 Authorized Agent Signature

The vendor’s authorized agent must sign on page 2. By signing this document, the respondent acknowledges that all information contained in the document is true and correct and that respondent agrees to comply with all terms and conditions. Failure to sign will disqualify this bid. By signing this bid, respondent certifies that if a Texas address is shown as the address of the respondent, respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

4.3 Cost of Submissions

The cost of preparing and submitting any response is solely that of the respondent. TSBP will not reimburse directly or indirectly respondents for any cost of responding to this RFP.

4.4 Public Information

TSBP will comply with the Texas Public Information Act (Chapter 552, Gov't Code) as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this solicitation or any resulting contract may be subject to public disclosure pursuant to the Texas Public Information Act. TSBP will notify the respondent of any request for information that is marked as confidential, and the respondent will have an opportunity to submit written justification to support the request for confidentiality to the Attorney General of the State of Texas.

Proprietary and confidential information must be clearly marked. If the response includes proprietary or confidential information, the respondent must include one (1) redacted copy in the bid portal. The redacted copy must have all proprietary or confidential information redacted.

4.5 Questions

Any person wishing to obtain clarifying information about this Request for Proposals may contact:

David Hardy, CTCD/CTCM david.hardy@pharmacy.texas.gov

FAX: 512-305-8075

(Written documentation of all interaction is required. Email is preferred.)

OR:

Questions may be submitted through TSBP’s online bid portal at https://pharmacytexas.bonfirehub.com/portal/. Use of the portal requires registration with Bonfire.

For questions regarding registration or technical support, contact Bonfire at Support.bonfire@eunasolutions.com for technical questions related to submissions or visit Bonfire’s help forum at https://vendorsupport.gobonfire.com/hc/en-us

Questions concerning this RFP must be in writing and submitted no later than April 11, 2025 at 3:00 PM CT. The TSBP’s official response to questions received by this deadline is expected to be posted as an addendum to the solicitation on the ESBD and the agency’s bid portal.

Respondents should note that the Official Response to Questions may contain information modifying the terms and conditions of the RFP, revising or amending the RFP and/or documents attached to the RFP. It is the responsibility of interested parties to periodically check the portal for updates to the procurement prior to submitting a response. The Respondent’s failure to check the portal will in no way release the respondent from “addenda or additional information” resulting in additional costs to meet the requirements of the RFP.

4.6 HUB Subcontracting

Respondents must complete and sign Attachment B, HUB Subcontracting plan. It is the policy of the Texas State Board of Pharmacy to promote and encourage contracting subcontracting opportunities for State of Texas certified Historically Underutilized Businesses (HUBs) in all contracts in compliance with Texas Government Code, Statute 2161.001-253. Respondents are encouraged to become HUB certified. State of Texas HUB applications may be found at:

https://comptroller.texas.gov/purchasing/vendor/hub/ Definitions for State of Texas HUB certifiable businesses can be found in Texas Administrative Code Title 34 Part 1, Subchapter B, Chapter §20.12 under the Comptroller of Public Accounts State Procurement Division (SPD) program and HUB Rules.

4.7 Insurance Requirements

Respondent will provide TSBP with current certificates of insurance or other proof acceptable to TSBP of the following insurance coverage: Standard Workers Compensation Insurance, covering all personnel who will provide services under this Contract and listing all states covered therein with limits at a minimum of $1,000,000.00 and Commercial General Liability Insurance, personal injury and advertising injury with, at a minimum, the following limits: $1,000,000 minimum each occurrence; $2,000,000 per general aggregate. Privacy and Network Security Insurance coverage is required with the following limits: Privacy Liability $3,000,000.00 per occurrence, Data Breach and Notification Expenses $2,000,000.00 per occurrence, and Network Security Liability $1,000,000.00 per occurrence.

Respondent represents and warrants that all of the above coverage is with “A” rating from A.M. Best, and authorized to provide the corresponding coverage. Respondent also represents and warrants that all policies contain endorsements prohibiting cancellation except upon at least thirty (30) days prior written notice to TSBP. Respondent represents and warrants that it shall maintain the above insurance coverage during the term of this contract and shall provide TSBP with an executed copy of the policies immediately upon request. Sole proprietors must indicate they relevant coverage they carry.

Respondents must respond on questionnaire Q-89KO found on the bid portal. Certificates of insurance may be submitted with proposal.

4.8 CERTIFICATION AND PROHIBITED CONTRACTS

Respondents must certify that they are not ineligible for an award of contract under the following prohibited conditions. Respondents must respond on questionnaire Q-47JY found on the bid portal.

4.8.1 Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response.

4.8.2 CONTRACTS WITH COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATION PROHIBITED. A governmental entity may not enter into a governmental contract with a company that is identified on a list prepared and maintained under Section 806.051, 807.051, or 2252.153.

Relevant lists can be located at:

https://comptroller.texas.gov/purchasing/publications/divestment.php

4.8.3 Respondent represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program.

4.8.4 Respondent certifies that for contracts for services, Respondent shall utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the contract to determine the eligibility of:

1. all persons employed by Respondent to perform duties within Texas; and

2. all persons, including subcontractors, assigned by Respondent to perform work pursuant the contract within the United States of America.

4.8.5 Under Section 2155.0061 of the Texas Government Code, the Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

4.8.6 Respondent represents and warrants that the contract is not a taxpayer resource transaction prohibited by Section 2272.003 of the Texas Government Code and that payments made by Agency to Respondent and Respondent’s receipt of appropriated funds under the contract are not prohibited by Article IX, Section 6.25 of the General Appropriations Act.

4.8.7 Respondent certifies that the respondent and, if applicable, any of its holding companies or subsidiaries is not:

a) Listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); or

b) Listed in Section 1260H of the 2021 NDAA; or

c) Owned by the government of a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R. 791.4; or

d) Controlled by any governing body located in a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R. 791.4.

The current foreign adversaries list includes:

1) The People's Republic of China, including the Hong Kong Special Administrative Region (China);

2) Republic of Cuba (Cuba);

3) Islamic Republic of Iran (Iran);

4) Russian Federation (Russia); and

5) Venezuelan politician Nicolás Maduro (Maduro Regime).

4.9 Form 1295

Under Texas Government Code § 2252.908 any vendor awarded a contract under RFP 515-25-0001 may be required to submit a disclosure of interested parties via form 1295. This form may be found online at: https://www.ethics.state.tx.us/filinginfo/1295/.