ESBD_423432_1748536694943_1_Part A_514-25-1_Peer Assistance_TOB.pdf

RFP No. 514-25-1

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Texas Optometry Board

REQUEST FOR PROPOSALS

Peer Assistance Program

NIGP CLASS/ITEMS

952-06 952-38

952-07 952-62

952-15 952-74

952-21

SCHEDULE OF EVENTS

ESBD Posting Date 5/29/2025

Questions Submission Deadline Date 6/6/2025

Response to Questions through Addendum Date

Or as soon thereafter as practical

6/10/2025

RESPONSE DUE DATE 6/24/2025

RESPONSE DUE TIME 1:30 pm Central Time in Austin TX

**NOTE** This RFP is composed of two parts: (1) Part A: Special Instructions, (including attachments and appendices, if any) and (2) Part B: General Instructions and Contract Terms and

Conditions (including attachments and appendices, if any). In the event an instruction or term in Part A conflicts with an instruction or term in Part B, the instruction or term in Part A prevails, and any addenda or amendments to either Part A or Part B control over the original versions. The Definitions in

Part B, Section B.1.1 apply to Part A.

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RREESSPPOONNSSEE SSUUBBMMIISSSSIIOONN CCHHEECCKKLLIISSTT

IMPORTANT:

ALL INQUIRIES AND COMMUNICATIONS CONCERNING THIS RFP MUST BE

ADDRESSED TO THE INDIVIDUAL AS LISTED IN SECTION A.10.4 – POINT OF

CONTACT.

COMMUNICATIONS WITH OTHER THAN THE POINT OF CONTACT MAY RESULT IN

DISQUALIFICATION OF A RESPONSE.

Read all instructions, documentation and requirements contained within this RFP package.

To be responsive and considered for evaluation and award, Respondents must return the documentation required and requested in this RFP package. The documents must be completed and signed as required.

Reference Section A.14 – Organization of the Proposal for Submission

TOB will disqualify any response received without the required documentation identified below.

ATTACHMENT A - EXECUTION OF RESPONSE

ITEMIZED BUDGET

TOB may disqualify any response received without the required documentation identified below.

IDENTIFICATION OF CLAIMED CONFIDENTIAL/PROPRIETARY INFORMATION, if any

ATTACHMENT B - RESPONDENT INFORMATION

ATTACHMENT C - PREFERENCES

ATTACHMENT D - STATEMENT OF INTENT (INSURANCE)

IDENTIFICATION OF ALL EXCEPTIONS AND ASSUMPTIONS to terms of this Solicitation or

Contract, if any

CONFLICT OF INTEREST DISCLOSURE, if applicable

SIGNED COPIES OF ALL ADDENDA to this Solicitation, if any

Reference Section A.14 and A.15 for Submission Requirements

Respondent must submit an electronic Response to the following email address:

janice.mccoy@tob.texas.gov.

TOB recommends beginning the process well in advance of 1:30 pm on the due date.

../../../_FY24%20IFB%20and%20RFP/TSBDE/1)%20Solicitation%20Development/cnichols@tsbde.texas.gov

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Table of Contents

A.1 DEFINITIONS

A.2 DESCRIPTION OF SERVICES

A.3 FUNDING

A.4 TERM OF THE CONTRACT

A.5 INSURANCE

A.6 ELIGIBILITY REQUIREMENTS

A.6.1 BUSINESS ADDRESS

A.6.2 DIRECTOR FOR THE PEER ASSISTANCE PROGRAM

A.6.3 EXPERIENCE DOCUMENTATION

A.6.4 REFERRALS

A.6.5 STATUTORY REQUIREMENTS

A.6.6 RULES AND REGULATIONS

A.6.7 STATEWIDE INTERVENTION PROGRAM AND TEXAS DEPARTMENT OF HEALTH SERVICES COMPLIANCE

A.6.8 EDUCATION FOR CLIENTS

A.6.9 TOB ADVISORY COMMITTEE

A.6.10 CONFIDENTIAL CONTROLS

A.6.11 AUDIT REQUIREMENTS

A.6.12 CONTINUITY AND MONITORING

A.6.13 TESTIMONY REQUIREMENTS

A.6.14 CERTIFICATION OF ELIGIBILITY REQUIREMENTS

A.7 REQUIRED DOCUMENTATION (STATEMENT OF WORK)

A.7.1 WRITTEN DOCUMENTATION

A.8 REPORTING REQUIREMENTS

A.9 NOTICE OF AWARD

A.10 PROPOSAL REQUIREMENTS

A.10.1 CALENDAR OF EVENTS

A.10.2 SOLICITATION ADDENDA

A.10.3 QUESTIONS

A.10.4 POINT OF CONTACT

A.10.5 DOCUMENTS AND ATTACHMENTS INCLUDED WITH THIS PART A OF THE RFP PACKAGE

A.10.6 PROTESTS

A.11 HUB SUBCONTRACTING PLAN

A.12 EVALUATION OF RESPONSE

A.13 AWARD

A.13.1 AWARD APPROACH

A.13.2 NON-AWARD

A.13.3 AWARD NOTICE

A.14 ORGANIZATION OF THE PROPOSAL

A.14.1 CONFIDENTIAL/PROPRIETARY INFORMATION:

A.14.2 EXECUTION OF PROPOSAL – ATTACHMENT A

A.14.3 RESPONDENT INFORMATION FORM – ATTACHMENT B

A.14.4 PREFERENCES – ATTACHMENT C

A.14.5 STATEMENT OF INTENT (INSURANCE) – ATTACHMENT D

A.14.6 ASSUMPTIONS AND EXCEPTIONS

A.14.7 CONFLICT OF INTEREST DISCLOSURE

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A.14.8 INSURANCE

A.14.9 REQUIRED DOCUMENTATION

A.14.10 SIGNED ADDENDA TO SOLICITATION

A.15 SUBMITTING THE PROPOSAL TO THE TOB

A.15.1 ELECTRONIC SUBMISSION:

A.15.2 HARD COPY SUBMISSION:

A.15.3 FACSIMILE RESPONSES:

A.1 DEFINITIONS

When capitalized, the following terms and acronyms have the meaning set forth below. All other terms have the meaning set forth in Merriam-Webster’s Collegiate® Dictionary, Eleventh Edition. Also see

Section B.1.1 for additional definitions.

TERM DEFINITION

Contract Any Contract(s) resulting from this solicitation, consisting of the Contract documentation as provided in Section B.3.4. Note: There is no guarantee that any

Contract will result from this solicitation.

Contractor The Respondent(s) awarded a Contract as a result of the RFP.

CPA The Comptroller of Public Accounts, the state agency posting this solicitation on behalf of the Texas Optometry Board, and the sole point of contact for vendors to express interest in, ask questions about, or otherwise communicate regarding the solicitation. See Section A.10.3.

Customer The Texas Optometry Board (TOB)

ESBD The Electronic State Business Daily, which is available online at https://www.txsmartbuy.com/esbd

Gov't Code The Texas Government Code.

Non-TOB case Considered a self-referral/volunteer or a compelled volunteer referral. A compelled volunteer is when a board’s investigator is involved and has required that the participant reaches out to Contractor, but that participant is not on a board order.

Party / Parties Either the TOB and/or Respondent, separately or collectively. CPA will not be a party to any of the resulting contracts.

Proposal A response submitted to the TOB as a result of this solicitation. Note: A

Proposal constitutes a binding offer by the Respondent. Any response to this

RFP that includes any type of disclaimer or other statement indicating that the response does not constitute a binding offer will be disqualified.

Respondent Any person or vendor who submits a Proposal in response to this solicitation.

RFP Request for Proposals, which is the type of solicitation embodied in this document.

TAC The Texas Administrative Code

TOB Texas Optometry Board

TOB case Also known as a board ordered case, is not required by a licensee, only if, the board has ordered them to participate in the Peer Assistance program, otherwise participation is confidential, and they are considered a volunteer.

https://www.txsmartbuy.com/esbd

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A.2 DESCRIPTION OF SERVICES

The Texas Optometry Board (TOB) is seeking sealed Proposals to establish a Contract for Peer

Assistance Program pursuant to the Texas Health and Safety Code Chapter 467 and pursuant to the

House Bill 1, Article VIII, 88th Legislature, Regular Session, that will identify, assist, and monitor

Texas licensed optometrists, therapeutic optometrists and optometry students experiencing mental health, alcohol, or drug problems that are or are likely to be job or school impairing so that they may return to competent practice or studies.

The Contractor shall provide a Peer Assistance Program that offers support and assistance and that has a rehabilitative emphasis rather than an adversarial or punitive emphasis in accordance with Texas

Administrative Code (T.A.C.) - 26 T.A.C. §8.101 and Texas Health and Safety Code §467.001.

The contract will be in accordance with Chapter 467 of the Texas Health and Safety Code, Title 6

Food, Drugs, Alcohol and Hazardous Substances, Subtitle B. Alcohol and Substance Abuse Programs, Chapter 467 Peer Assistance Programs.

The maximum number of participants is 15.

The Texas Administrative Code (T.A.C.) can be accessed through the Texas Secretary of State Web site at the following link: https://texas-sos.appianportalsgov.com/rules-and-meetings?interface=VIEW_TAC

A.3 FUNDING

Funding, in compliance with the Appropriations Act, will depend upon the amount of peer assistance fees collected by the TOB, but will not exceed the line-item appropriation $47,000 (per fiscal year), for

Peer Assistance in the TOB’s appropriation. The funds will be transferred monthly to the Contractor.

Contingent upon the amount collected, funding could be less than $47,000 per fiscal year.

A.4 TERM OF THE CONTRACT

The Contract shall commence on September 1, 2025, or upon the issuance of a Notice of Award by the

TOB, whichever is later. The contract shall automatically expire on August 31, 2026, with options for renewal for four (4) additional one (1) year periods.

Renewal Periods:

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

2nd Renewal Period: September 1, 2027 – August 31, 2028

3rd Renewal Period: September 1, 2028 – August 31, 2029

4th Renewal Period: September 1, 2029 – August 31, 2030

TOB may unilaterally renew the Contract.

https://texas-sos.appianportalsgov.com/rules-and-meetings?interface=VIEW_TAC https://texas-sos.appianportalsgov.com/rules-and-meetings?interface=VIEW_TAC

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A.5 INSURANCE

The Response must include a statement that Respondent intends to obtain and maintain for the term of the Contract (and any renewal periods or additional extensions) the minimum insurance coverage specified in the table below. The Response should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its Response. If

Respondent’s normal and customary insurance coverage exceeds the minimum required amounts in this

Solicitation, the Contract will require those normal and customary types and amounts of coverage.

Proof of insurance may be provided in the form of current certificates of insurance.

Respondent may propose alternate insurance amounts or coverages in the form of an exception. See

Section A.14.5. If TOB rejects the exception, the Respondent shall obtain the minimum coverage listed.

Within five business days of receiving the Notice of Award, Contractor shall submit current certificates of insurance to TOB. Failure to submit acceptable proof of insurance may result in termination.

Contractor shall maintain the required insurance throughout the Contract.

Any subcontractor performing work under this Contract must meet the same minimum insurance requirements. Contractor shall ensure its subcontractors’ compliance with all requirements.

Minimum Required Amounts of Insurance Coverage

Type of Insurance Each Occurrence/Aggregate

Any insurance required to be compliant with applicable Federal, State, and Local regulations for the goods or services provided.

Statutory limits

Commercial General Liability

(Occurrence based)

Required types of coverage: Blanket, Broad

Form Property Damage, Premises and

Operations Hazards, Products and Completed

Operations Hazards, Independent Contractor’s, and Contractual Liability

Bodily Injury and Property Damage

$1,000,000 Each Occurrence Limit

$1,000,000 Personal Injury and

Advertising Liability

Professional Liability $1,000,000

Additional Insurance

Additional insurance and related provisions may be required by Customer depending on Customer’s particular circumstances. Customer will identify any additional insurance requirements when placing a purchase order

All required insurance coverage must be issued from a company or companies with a Financial

Strength Rating of “A-” or better and a Financial Size Category of VIII or larger from A.M. Best

Company, Inc. TOB may consider other sources of information and reserves the right to determine whether an insurer is acceptable in its sole discretion.

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All insurance policies for required coverage must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to TOB. Except as specified below, all of the Contractor’s insurance policies must:

(1) be written on a primary and non-contributory basis;

(2) name the TOB as a certificate holder on all certificates of insurance;

(3) name the TOB, its officers and employees as additional insureds on all policies other than workers’ compensation and professional liability; and

(4) include a waiver of subrogation in favor of the TOB, its officers and employees for bodily injury (including death), property damage or any other loss arising from this Contract or any purchase order.

Within five business days of receiving the Notice of Award, Contractor shall submit current certificates of insurance to TOB. Notices will be sent to janice.mccoy@tob.texas.gov. Failure to submit acceptable proof of insurance may result in termination. Contractor shall maintain the required insurance throughout the Contract.

Contractor shall:

(1) provide written documentation to TOB by e-mail at janice.mccoy@tob.texas.gov at least 30 calendar days prior to any cancellation, non-renewal, or material change of a required policy; and

(2) ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under the

Contract; and

(3) deliver proof of all renewal policies prior to any expiration of a required policy to TOB by e-mail at janice.mccoy@tob.texas.gov. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

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

A.6 ELIGIBILITY REQUIREMENTS

A.6.1 Business Address

Maintenance of 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 Federal and State of Texas holidays, and which shall have a 24-hour/day telephone communication system, including a toll-free telephone number (the program must be available seven days a week, 24 hours a day).

A.6.2 Director for the Peer Assistance Program

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. Director

../../../_FY24%20IFB%20and%20RFP/TSBDE/1)%20Solicitation%20Development/cnichols@tsbde.texas.gov cnichols@tsbde.texas.gov

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A.6.3 Experience Documentation

Respondents must provide documentation of experience in providing peer assistance and substance abuse rehabilitation services. It is preferred that respondents have a minimum of three (3) years’ experience in peer assistance services. Respondents shall provide the number of years of experience and documented history of intervention, assessment/initial evaluation, referral for treatment, and monitoring of impaired health care professionals.

A.6.4 Referrals

Ability to accept referrals of optometrists, therapeutic optometrists, and optometry students impaired by chemical abuse, alcohol, or mental illness from, but not limited to, the following:

a. Self-referrals

b. Practitioners

c. Students

d. Family

e. Friends

f. Faculty and staff of optometry schools in Texas

g. TOB

h. Any other credible source

A.6.5 Statutory Requirements

Knowledge of statutory requirements regarding eligible participants and conditions for which services may be offered and documentation showing ongoing compliance.

A.6.6 Rules and Regulations

Knowledge of the Texas Controlled Substance Act and rules, the Texas Dangerous Drug Act and rule, and TOB Rules, and drug laws and regulations promulgated by the United States Drug Enforcement

Administration.

A.6.7 Statewide Intervention Program and Texas Department of Health Services Compliance

Has a statewide intervention program provided by a licensed mental health professional as defined and in compliance with Texas Health and Human Services Commission (HHSC by 26 T.A.C. §§8.101 -

8.125.

A.6.8 Education for Clients

Ability to (a) provide education to all optometrists and optometry students regarding substance abuse, peer assistance laws, the Texas Optometry Act, and the rules and regulations of the TOB and to (b) encourage referrals.

A.6.9 TOB Advisory Committee

Willingness to accept an advisory committee of three (3) Board members of the TOB to oversee the

Peer Assistance Program.

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A.6.10 Confidential Controls

Establish and maintain effective controls to assure confidentiality pursuant to the Texas Optometry Act

(Tex. Occ. Code, Subtitle E) 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.

A.6.11 Audit Requirements

Reference Part B, General Instructions and Contract Terms and Conditions, Section B.5.2, Audit

Requirements. Maintenance of documentation for routine financial, statutory-compliance, and contract-compliance audits to be conducted by the State Auditor. The results of such audits shall be submitted to the TOB.

A.6.12 Continuity and Monitoring

Maintain a continuity of services and monitoring for persons currently 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.

A.6.13 Testimony Requirements

Director or Director’s designee shall provide testimony in disciplinary hearings and/or court proceedings as requested by TOB.

A.6.14 Certification of Eligibility Requirements

By signature on the Execution of Proposal, Attachment A, Respondent certifies that he/she meets or exceeds the eligibility criteria in Sections A.6.1 through A.6.14.

A.7 REQUIRED DOCUMENTATION (STATEMENT OF WORK)

A.7.1 Written Documentation

Written documentation for each item listed under this section must be numbered to correspond to the particular item, e.g., all documents submitted in response to Item 1, must be identified with “Item 1” in the top right-hand corner of the document.

Respondent shall provide written documentation (not to exceed 25 pages) for each item as follows:

The scoring criteria can be found in Section A.12, Evaluation Criteria.

Item 1 Provide Respondent’s program to contract, in writing, with eligible individuals, which includes the contract terms that specify each individual’s treatment and rehabilitation program.

Item 2 Ability to monitor an impaired individual's compliance with the terms of his/her treatment and rehabilitation program/contract, including:

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a. Access to the results of random and discretionary urinalysis or other type of drug analysis;

b. Ability to personally and telephonically/virtually visit with each impaired individual on a monthly basis, if applicable, under the terms of an TOB Agreed Board Order;

c. Ability to identify non-compliance and procedures to report to the TOB, as appropriate.

Item 3 Provide documentation of Respondent’s working arrangement with a network of evaluation and referral specialists throughout Texas. The arrangement must reflect that initial evaluation and referral services may be made at no charge to an impaired individual unless the impaired individual has health insurance or other type of insurance which will pay for the evaluation and referral service.

Item 4 Provide a plan for ongoing program evaluation which includes a definition or criteria for program success and means to collect accurate/auditable data including the following to substantiate success:

a. Criteria for evaluating referral and evaluation services, treatment programs, and aftercare programs.

b. Number of individuals who have successfully completed the peer assistance program.

c. Breakdown of referral data (TOB referrals, self-referrals, other referrals)

d. Number of non-TOB cases referred to the TOB.

e. Number of TOB cases referred back to the TOB.

f. Whether or not an intervention was conducted.

g. Monitoring activities, including number of drug screens requested, conducted, and results of these tests.

h. Any other pertinent information requested by the State Auditor, the Legislative Budget

Board, or the TOB.

Item 5 Means to gather accurate/auditable data for reporting the following quarterly performance measures through the TOB to the Legislative Budget Board:

a. Recidivism rate for the peer assistance program.

b. One-year completion rate for the peer assistance program.

c. Number of licensed individuals (optometrists, therapeutic optometrists, and optometry students) participating in the peer assistance program.

Item 6 Details of the Respondent’s Peer Assistance Program’s compliance with the requirements of

Texas Department of State Health Services (DSHS), as set out in Texas Administrative

Code, 26 T.A.C. §§8.101 - 8.125.

Item 7 Maintenance of a Policies and Procedures manual that contains the following characteristics that are beyond those required by 26 T.A.C. §8.115:

a. Statement of the peer assistance program's service responsibility to the optometry profession.

b. Description of how the Respondent will involve the TOB in the peer assistance program.

c. Information about aftercare programs and ways in which aftercare, if appropriate, will be encouraged.

Item 8 An itemized budget not to exceed contract limits in A.3 which shall reflect all Peer

Assistance Program expenditures.

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A.8 REPORTING REQUIREMENTS

All reports required by TOB, including reports identified in A.7.1, will be coordinated with the successful Contractor. Reference Section A.7.1, Item 5

A.9 NOTICE OF AWARD

A Notice of Award will be awarded by TOB, on TOB letterhead, to the successful Contractor(s), if any.

CPA will post the award to the ESBD. CPA will not be a party to any resulting contracts.

A.10 PROPOSAL REQUIREMENTS

A.10.1 Calendar of Events

Respondent must submit its Proposal to TOB before the due date and time indicated on the cover page.

TOB may revise this schedule by issuing an addendum on the ESBD.

A.10.2 Solicitation Addenda

CPA will post any addendum to this solicitation on the ESBD. Respondents are responsible for checking the ESBD for updates to the Solicitation prior to submitting a Response. Respondent’s failure to check the ESBD does not release it from the requirements of any addenda nor permit it to increase or withdraw its Response.

Respondent must acknowledge each Solicitation addendum by returning a signed copy of the addendum with its Response.

A.10.3 Questions

All questions regarding this RFP should be sent to the CPA Point of Contact identified in Section

A.10.4. Questions must reference the appropriate RFP page and section number and must be submitted by the deadline set forth in Section A.10.1. TOB’s responses to questions will be posted to the ESBD.

Respondents must notify the CPA Point of Contact of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the RFP in the manner and by the deadline for submitting questions. If a Respondent fails to notify the CPA Point of Contact of such issues, the

Respondent will submit its Proposal at its own risk, and if awarded a Contract: (1) shall have waived any claim of error or ambiguity in the RFP or resulting Contract, (2) shall not contest TOB’s interpretation of such provision(s), and (3) shall not be entitled to additional compensation, relief, or time by reason of ambiguity, error, or later correction.

A.10.4 Point of Contact

Respondents shall direct all inquiries and communications concerning this RFP to the Point of Contact as listed in this Section.

Respondents shall make no contact with other CPA or TOB agency personnel regarding this RFP, except as permitted by the point of contact as listed in this Section.

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Failure to comply with these requirements and communications with other than the point of contact may result in disqualification of a response.

Note: This e-mail address is NOT to be used for submission of a response. Follow the instructions outlined in Sections A.14 and A.15 for proper submission.

CPA Contract Specialist

Bridget Dunn, CTCD, CTCM

512-463-5988

E-mail: bridget.dunn@cpa.texas.gov

Although the point of contact for this solicitation is CPA personnel, all proposals must be delivered to the Executive Director of TOB. See Section A.15.

Failure to comply with these requirements may result in disqualification of the Respondent's Proposal.

A.10.5 Documents and Attachments Included with this Part A of the RFP package.

The RFP package also includes the following Documents and Attachments, which are posted separately on the ESBD.

Documents and Attachments – Posted Separately on the ESBD

1. Part A - Special Instructions (This Document)

2. Part B - General Instructions and Contract Terms and Conditions

3. Attachment A - Execution of Response (with authorized signature)

Attachment B - Respondent Information Form

Attachment C - Preferences

Attachment D – Insurance Statement of Intent

A.10.6 Protests

Any protests of the solicitation or award must be delivered to the Executive Director of TOB. TOB will be responsible for resolving the protest, and any appeal of the protest. TOB will use the CPA protest rules at 34 TAC §1.72. Disputes between Contractor and TOB will be governed by section

B.4.6.

A.11 HUB SUBCONTRACTING PLAN

CPA has reviewed this solicitation and determined there are no probable subcontracting opportunities.

Therefore, a HUB Subcontracting Plan (HSP) is not required for this solicitation unless a Respondent will use subcontractors. If a Respondent will subcontract any portion of this Contract, the Respondent must submit a completed HSP located at the link below with its Response.

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcomptroller.texas.gov%2Fpurchasing%2Fvendor%2Fhub%2Fforms.php&data=02%7C01%7C%7C23cca4c0388b4d3dc43108d62fb470c8%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C636748849367763372&sdata=1W%2BS%2BvP6a01dQHgFV9YBwPv87%2B%2B%2Bs3AyHsIOuKiV618%3D&reserved=0

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A.12 EVALUATION OF RESPONSE

After scoring the qualified Responses, TOB may award the contract to the Respondent providing best value to the state; may determine the competitive range and elect to conduct oral presentations with

Respondents in the competitive range with the goal of awarding the contract to one of these

Respondents; or may make no award. If TOB conducts oral presentations with Respondents in the competitive range, the oral presentations will be scored separately from the written proposals using the same evaluation criteria used to score the written proposals and the oral presentation scores will replace the written proposal scores for purposes of determining award. (Respondents in the competitive range will be notified of the time and place for the oral presentation.) After any oral presentations, TOB may award the contract to the Respondent providing best value to the state; may commence discussions with those presenting and may formally request from those Respondents a Best and Final Offer (BAFO) with the goal of awarding the contract to one of these Respondents; or may make no award. If BAFO responses are requested, TOB may award the contract to the Respondent whose BAFO provides best value to the state; or may make no award. BAFOs will be scored using the same evaluation criteria used to score the written proposal and the BAFO evaluation score will be used for purposes of determining award in such case. Respondents are strongly encouraged to include their best possible offer with their Responses because there is no guarantee they will be afforded an opportunity to submit a Best and Final Offer. TOB reserves the right to award Contracts without any discussion or negotiation. TOB also reserves the right to make no award.

Proposals will be evaluated by TOB employees and/or Board members.

TOB will consider best value for the State as directed by Texas Government Code §2156.007 when making an award(s).

Only Proposals that meet the minimum requirements as set forth in the RFP will be reviewed and scored according to the evaluation criteria set out below:

Evaluation Criteria:

Maximum

Points

1 Program for contract with eligible individuals 10 2 Monitoring of contracts with eligible individuals 20

3 Documentation of working arrangement with evaluation and referral specialists 10 4 Plan for ongoing program evaluation 10 5 Reporting – Quarterly Performance Measures 10 6 Compliance with T.A.C. 25 7 Maintenance of Policies and Procedures Manual 5

8 Itemized Budget 10

9 Experience and Qualifications 10

10 Respondent’s Past Performance 25

Total 135

As the Texas Optometry Board is awarding Contract to Respondent pursuant to Competitive Sealed

Proposals as authorized by Government Code §2156.121, the Texas Optometry Board may evaluate

Respondent’s Proposals on a variety of factors and as such, Texas Optometry Board is not authorized to conduct proposal openings or to provide proposal tabulations prior to award of Contract. Respondent should be aware that such information cannot and will not be provided prior to award of Contract.

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Neither TOB nor CPA will not disclose any information regarding sealed Proposals to the public prior to Contract award.

Respondents must submit Open Records requests for Proposal documentation and information, after award, to janice.mccoy@tob.texas.gov.

TOB reserves the right to conduct studies and other investigations as necessary to evaluate any

Proposal.

Submission of Proposals confers no legal rights upon any Respondent.

TOB, in its sole discretion, may amend or modify any provisions of this RFP, or withdraw this RFP at any time prior to award of a contract. TOB reserves the right, in its sole discretion, to reject any or all

Proposals or to select one or more qualified Respondents to this RFP without discussion of proposals with the respective Respondents.

The decision of TOB, or its designee with regard to the above, shall be administratively final. TOB, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in proposals received.

TOB may disqualify a Respondent if there is an unacceptable risk that it will fail to perform the

Contract. The Respondent bears the burden of establishing:

• ability, capacity, and skill to perform the contract or provide the service required;

• ability to perform the contract or provide the service promptly, or in the time required, without delay or interference;

• character, responsibility, and integrity;

• current compliance with laws relating to the contract or service;

• sufficient financial resources to perform the contract and provide the service; and

• conformity to all material specifications required in this Solicitation.

TOB may consider any source of information that it deems reliable.

Past Performance: A Respondent’s past performance will be measured in compliance with applicable provisions of §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125, Gov't Code. The following examples of poor past performance may affect a potential Contract award and will be considered during evaluation of proposals:

• A score of less than a C or Legacy Unsatisfactory in the Vendor Performance Tracking System,

• Currently under a Corrective Action Plan through the CPA or TOB,

• Having repeated negative Vendor Performance Reports for the same reason,

• Having a record of repeated non-responsiveness to Vendor Performance issues

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

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

http://www.txsmartbuy.com/vpts

TOB may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System, TOB may examine other http://www.txsmartbuy.com/vpts

Page A15 sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Such sources of vendor performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, TOB may initiate such examinations of vendor performance based upon media reports. Any such investigations shall be at the sole discretion of TOB, and any negative findings, as determined by TOB, may result in non-award to the Bidder.

A.13 AWARD

A.13.1 Award Approach

The awarded contract will be in accordance with Chapter 467 of the Health and Safety Code, rules of the Health and Human Services Commission (Title 26, Part 1, Chapter 8 Peer Assistance Programs for

Impaired Professionals), the Texas Optometry Act, and rules of the Texas Optometry Board.

A.13.2 Non-award

TOB may reject all Responses at its discretion. Submission of Responses confers no legal rights upon any Respondent.

A.13.3 Award Notice

If the Solicitation is awarded, TOB will issue a Notice of Award to the successful Respondent(s).

A.14 ORGANIZATION OF THE PROPOSAL

The Proposal shall include all information required in this RFP and shall be in the format described herein. The Respondent is solely responsible for thoroughly understanding the RFP and its attachments, exhibits, and forms. Any questions concerning this RFP should be directed to the Point of Contact by the Deadline for Submitting Questions identified in Part A. The Respondent is cautioned to pay particular attention to the clarity and completeness of its Proposal. The Respondent is solely responsible for its Proposal and all documentation submitted. Proposal may not exceed 25 pages; page count does not include solicitation documents included with this RFP.

A.14.1 Confidential/Proprietary Information:

If Respondent asserts that any material in the Response is confidential or proprietary information, Respondent must clearly mark the applicable pages of Respondent’s submission in boldface type to indicate each claim of confidentiality and include the word “confidential” at the top of the page.

Additionally, Respondent must include a statement on company letterhead identifying all Response sections and specific pages that have been marked as confidential and explain why the information is excepted from public disclosure under the provisions of the Texas Public Information Act (Act).

Merely making a blanket claim that the entire Response is protected from disclosure because it contains some proprietary information is not acceptable and will make the entire Response subject to release under the Act.

TOB will process any request from a member of the public in accordance with the procedures outlined in the Act. Respondents should consult the Texas Attorney General’s website

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(www.texasattorneygeneral.gov) for information concerning the Act and potential exceptions to disclosure. See also Section B.2.10 of Part B of this Solicitation.

By submitting a Response, each Respondent agrees that TOB and Customers may copy any copyrighted portions of any information submitted by Respondent. Furthermore, Respondent agrees that its pricing and other related information is not confidential or proprietary. Respondent authorizes

CPA and TOB to publish such information on Texas SmartBuy, and elsewhere, and to release such information to the public.

A.14.2 Execution of Proposal – Attachment A

Respondent is required to complete, sign and submit the Execution of Proposal – Attachment A.

Failure to complete, sign and submit this form with Respondent’s Proposal will result in disqualification of the Proposal.

A.14.3 Respondent Information Form – Attachment B

All information on this form must be provided as requested and submitted with Respondent’s Proposal.

A.14.4 Preferences – Attachment C

Respondents are encouraged to carefully review this attachment, complete and submit with proposal.

A.14.5 Statement of Intent (Insurance) – Attachment D

Each Response must include the Insurance Statement of Intent relating to insurance coverage required in Section A.5.

A.14.6 Assumptions and Exceptions

No assumptions should be included in a Proposal. All issues or questions that might be advanced or addressed by way of assumption should be submitted to TOB pursuant to Section A.10.3. The inclusion of assumptions in a Proposal may result in a Respondent not being awarded a Contract.

Respondents are encouraged, in lieu of including exceptions in their Proposals, to address all issues that might be advanced by way of exception by submitting such issues to TOB pursuant to Section A.10.3.

Any exception included in a Proposal may result in a Respondent not being awarded a Contract.

However, if a Respondent includes exceptions in its Proposal, the Respondent shall clearly identify each exception it takes, noting the specific RFP section number, section title, detailed description of exception taken, and Respondent’s proposed language advanced in lieu of the language to which exception is taken. If there are no exceptions, the Respondent shall explicitly state that the Respondent takes no exception to any part of this RFP.

NOTE: TOB, as a state agency, is prevented by the Texas Constitution from indemnifying vendors.

The Respondent is discouraged from including a term in its Proposal that requires the TOB to indemnify it. Such a term may result in the Proposal being deemed non-responsive.

On company letterhead or in a Microsoft Excel® spreadsheet submitted with Respondent’s Proposal, the Respondent shall identify exceptions using the following format:

http://www.texasattorneygeneral.gov/

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Section Section Title Exception Proposed Language

Any exception that does not provide all information required (e.g. the specific RFP section number, section title, detailed description of exception taken, and Respondent’s proposed language advanced in lieu of the language to which exception is taken) in the format set forth above will be rejected without consideration.

A.14.7 Conflict of Interest Disclosure

By signing the Execution of Proposal, the Respondent affirms that the execution of an agreement between Respondent and the State will not create a conflict of interest or cause an appearance of a conflict of interest. In its Proposal, Respondent must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to Respondent’s (and its proposed sub-contractors’) submission of a Proposal and possible selection as Contractor or its performance of the Contract. A description of some conflicts of interest may be found in Part B, General Instructions and Contract Terms and Conditions, Section B.1.2, but this list should not be considered exhaustive or limiting.

If the circumstances certified by Respondent change or additional information is obtained subsequent to submission of Proposals, by submitting a response Respondent agrees that it is under a continuing duty to supplement its response under this provision, and Respondent shall submit updated information as soon as reasonably possible upon learning of any change to their affirmation.

A.14.8 Insurance

Each Response must include the statement of intent relating to insurance coverage required in Section

A.5 and describe other insurance coverage maintained by Respondent in the ordinary course of business.

A.14.9 Required Documentation

The Respondent must submit the required written documentation as outlined and, in the format, as referenced in Section A.7.

A.14.10 Signed Addenda to Solicitation

Respondent shall submit signed copies of all Solicitation addenda, if any, with its Response.

A.15 SUBMITTING THE PROPOSAL TO THE TOB

The Proposal shall clearly state the Proposal Due Date and Time identified in Section A.10.1, Calendar of Events and be titled: Proposal Submitted for RFP No. 514-25-1 Peer Assistance Program.

All documents should be submitted in Adobe® portable document format (pdf). Responses in other formats may be rejected as nonresponsive.

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A.15.1 Electronic Submission:

Electronic submissions are preferred and shall be submitted to janice.mccoy@tob.texas.gov.

The email subject line shall be labeled “Proposal for RFP – [Name of Respondent]”. A complete copy of the Proposal shall include all documents required by the RFP in PDF format. The Respondent is solely responsible for ensuring that its Response is received by TOB before the deadline at the proper destination server. It is recommended that Respondent begin the process well in advance of 1:30 pm on the due date.

TOB recommends a limit of 10 MB of attachments per email. To meet this limit, a Response may be split into multiple emails. In addition, please be aware that your internet service provider may limit the size of attachments to outgoing emails

TOB and CPA are not responsible for electronic Responses that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any anti -virus or other security software. To confirm receipt of electronic submissions, contact Janice McCoy at 512- 305-8502.

Encrypted documents or links to documents on an external server are not allowed without prior written approval from TOB.

A.15.2 Hard Copy Submission:

In lieu of electronic submission, TOB will accept hard copy proposals. The Respondent must submit one (1) original signed paper copy and one (1) complete copy of its Proposal. Additionally, the

Respondent shall submit a complete copy of Respondent’s Proposal in Portable Document Format

(PDF) on a USB thumb drive. The electronic media device will not be returned. A complete copy of the Proposal includes all documents required by this RFP.

If supplemental materials are included with the Proposal, the electronic media copy must include such supplemental materials. The Proposal and accompanying documentation are the property of the TOB and will not be returned. TOB will no longer provide “delivery or hand stamp” receipt of bids/proposals, or proof of delivery of bid/proposals which are delivered by hand or courier.

The Proposal may be sent to the TOB at the following addresses:

By Overnight/Express Mail to (8:00 am - 4:45 pm):

Attn: Janice McCoy, Executive Director

Texas Optometry Board

1801 Congress Ave, Suite 9.300

Austin, Texas 78701-1319

A.15.3 Facsimile Responses:

Facsimile responses will not be accepted.