ESBD_450513_1756492291203_B020 Final to POD Revisions.pdf

Texas Department of Criminal Justice Response Cover Page

This form requests basic information about the bidder and project and must be completed in its entirety, including the signature of the authorized representative.

IFB (INVITATION FOR BID) SOLICITATION INFORMATION

Document Type : 2 Statutory Cite :

1) Solicitation Number:

696-PD-25-B020

2) Issue Date: 3) Deadline: October 1, 2025 August 29, 2025 3:00p.m CT

4) Points of Contact: Lakeshia Simms (936) 437-3808 lakeshia.simms@tdcj.texas.gov (reference Section G.2.2) Amanda Kramer (936) 437-3824 amanda.kramer@tdcj.texas.gov

5) Solicitation Description

The Texas Department of Criminal Justice requires a Contractor to provide all necessary personnel, equipment, materials, supplies, and services, and otherwise do all things necessary for, or incidental to, providing Sex Offender Clinical Polygraph Examination Services in locations throughout the State of Texas for Clients identified by the Department.

BID SUBMITTAL

6) Receiving Office: TDCJ Contracts & Procurement, Contract Administration Branch

2 Financial Plaza, Suite 703, Huntsville, TX 77340 *All packages must be labeled with the Solicitation number and Contract Specialists’ names. Reference Section L for complete submittal instructions.

LATE OR EMAILED BIDS WILL NOT BE ACCEPTED.

BIDDER INFORMATION

7) Legal Business Name:

8) Mailing Address Information (include street, city, county, state and 9-digit zip code):

9) Payee Name and Mailing Address, including 9-digit zip code (if different from above)

(remittance address if not electing Direct Deposit):

10) Federal Tax ID No. (9-digit), State of Texas Comptroller Vendor ID Number (14-digit) or Social Security Number (9-digit):

11) Type of Entity (check all that apply):

HUB Certified

Corporation (incorporated under the laws of the State of _____________) Type: ______ M/F ___ Partnership Individual Non-Profit Organization* Joint Venture *If incorporated, provide 10-digit charter number assigned by Secretary of State:

If a Foreign Entity:

Individual Partnership Joint Venture Non-Profit Organization Corporation (registered for business in _________________ (country)

12) Prompt Payment Discount: _____ % _____Days or Net 30 (reference Section G.3 for additional information)

13) Tie Bid Preference:

(Section K.3, list all that apply) ______________________________________________________________________

14) Amendments: Signed and submitted by the Bidder with Bid or via email prior to the deadline.

BIDDER AUTHORITY AND SIGNATURE

15) Bidder Point of Contact Name: ______________________ Title: ___________________________

Email address: ______________________________________________ Telephone #: _____________________

16) Bidder Authorized Signature: Date:

696-PD-25-B020

TABLE OF CONTENTS

PAGE

SUMMARY OF KEY DATES

SECTION A - DEFINITIONS

A.1 GENERAL DEFINITIONS

A.2 SERVICE SPECIFIC DEFINITIONS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired B.1.2 Pricing Instructions B.1.3 Estimated Quantities

B.2 PRICING SCHEDULE

B.2.1 Locations B.2.2.A Subsidized Pricing B.2.2.B Non-Subsidized Pricing

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

C.2 GENERAL DUTIES AND OBLIGATIONS

C.3 LOCATION OF EXAMINATION SITE

C.4 MANDATORY REQUIREMENTS FOR SEX OFFENDER CLINICAL POLYGRAPH

EXAMINERS

C.5 MANDATORY REQUIREMENTS FOR SEX OFFENDER CLINICAL POLYGRAPH

EXAMINATION SERVICES

C.6 OPERATIONAL DEFINITIONS

C.7 CLIENT REFERRAL PROCESS

C.8 PAYMENT FOR EXAMINATION SERVICES

C.9 SECURITY OF RECORDS AND DISCLOSURE OF INFORMATION

C.10 DEPARTMENT POLICIES AND PROCEDURES

C.11 EXCLUSIVE USE OF DEPARTMENT FACILITIES

SECTION D - REQUIRED DOCUMENTS FROM CONTRACTOR

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

E.2 INSPECTION OF FACILITIES

E.3 ATTENDANCE AT POLYGRAPH EXAMINATIONS BY PAROLE AND DEPARTMENT

STAFF

E.4 MONITORING CRITERIA

E.5 AUDITS BY OTHER AGENCIES

E.6 FRAUD, WASTE OR ABUSE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

F.2 OPTION TO RENEW THE TERM OF THIS CONTRACT

F.3 OPTION TO EXTEND SERVICES

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, CONTRACT SPECIALIST, PROGRAM

SUPERVISOR AND PROGRAM MANAGER

G.2.1 Authorized Representative

G.2.2 Contract Specialist G.2.3 Program Supervisor G.2.4 Program Manager

G.3 INVOICE REQUIREMENTS

G.4 PAYMENTS

G.4.1 Payment Adjustment G.4.2 Late Payment G.4.3 Deductions for Unacceptable Compliance Standards G.4.4 Withholding of Payment G.4.5 Right to Offset G.4.6 Maximum Payments by the Department G.4.7 Co-Payments G.4.8 Subsidy-Ineligible Clients

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

H.1.1 Required Provisions

H.2 SUBCONTRACTORS

H.2.1 Insurance H.2.2 Historically Underutilized Businesses (HUB)

H.3 CRIMINAL HISTORY INFORMATION COMPLIANCE

H.4 OTHER CONFIDENTIAL OR SENSITIVE INFORMATION

H.5 BOOKS AND RECORDS

H.6 ORGANIZATIONAL AND NAME CHANGE

H.7 FREE EXERCISE OF RELIGION

H.8 TRANSITION

H.9 DELAY OF SERVICES

H.10 SECURITY

H.11 UTILIZATION OF SERVICES

SECTION I - CONTRACT CLAUSES

I.1 ADVERTISING OF AWARD

I.2 DEFAULT AND TERMINATION

I.2.1 Default by the Contractor I.2.2 Further Opportunity to Cure I.2.3 Remedy of the Department I.2.4 Termination for Convenience I.2.5 Termination by Mutual Agreement I.2.6 Termination Procedures I.2.7 Default by the Department I.2.8 Remedy of the Contractor

I.3 NO WAIVER OF RIGHTS

I.4 TAXES/WORKERS’ COMPENSATION/UNEMPLOYMENT INSURANCE – INCLUDING

INDEMNITY

I.5 NO WAIVER OF DEFENSES

I.6 INDEPENDENT CONTRACTOR

I.7 MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS

I.8 APPROVAL OF CONTRACT

I.9 NON-DISCRIMINATION

I.10 CONFIDENTIALITY

I.11 CONTRACT CHANGES

I.12 SEVERABILITY

I.13 IMMIGRATION

I.14 NO LIABILITY UPON TERMINATION

I.15 LIMITATION ON AUTHORITY

I.16 INTELLECTUAL PROPERTY INDEMNIFICATION

I.17 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, AS

REQUIRED BY TEXAS ADMINISTRATIVE CODE, TITLE 1, PART 10, CHAPTER 213

I.18 RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE OWNERSHIP)

I.19 FORCE MAJEURE

I.20 NOTICES

I.21 SUBSTITUTIONS

SECTION J - LIST OF EXHIBITS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

BIDDERS

K.1 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REPRESENTATION

K.1.1 Definition

K.2 FRANCHISE TAX REPRESENTATION

K.3 PREFERENCE CLAIM

K.3.1 Source and Specification Preferences K.3.2 Tie-Bid Preferences K.3.3 Additional Preferences

K.4 REPRESENTATIONS OF THE BIDDER

K.4.1 Organization and Qualification K.4.2 Authorization K.4.3 No Violation of Agreements, Articles of Incorporation or Bylaws K.4.4 No Defaults Under Agreements K.4.5 Compliance With Laws K.4.6 No Litigation K.4.7 Taxes K.4.8 Disclosure K.4.9 No Collusion K.4.10 Disclosure of Interested Parties K.4.11 Deceptive Trade Practices; Unfair Business Practices K.4.12 Felony Criminal Convictions K.4.13 Notification

K.5 REPRESENTATIONS OF THE DEPARTMENT

K.5.1 Authorization K.5.2 No Violation of Agreements K.5.3 Disclosure

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

L.1 DISCUSSIONS, CORRESPONDENCE, AND AMENDMENTS TO THE SOLICITATION

L.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF BIDS

L.3 SIGNATURES ON BID SUBMITTED

L.4 BID ACCEPTANCE PERIOD

L.5 CONTRACT AWARD

L.6 RIGHTS OF THE DEPARTMENT

L.7 BID PREPARATION INSTRUCTIONS

L.8 BID SUBMISSION CHECKLIST

L.9 LEGISLATIVE BUDGET BOARD (LBB) POSTING

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 SELECTION PROCESS

M.2 MINIMUM QUALIFICATIONS

SUMMARY OF KEY DATES

August 29, 2025 Post to ESBD

September 10, 2025 3:00 p.m. CDT Deadline for Written Questions for Clarification to the

Department

September 15, 2025 3:00 p.m. CDT Deadline to Submit Responses to Clarification Questions by the Department

October 1, 2025 3:00 p.m. CDT Deadline for the Department Receipt of Bids in Huntsville.

Late Bids will not be accepted.

November 30, 2025 Service Commencement Date

696-PD-25-B020 Section A

SECTION A - DEFINITIONS

The following terms used in this Contract shall, unless the context indicates otherwise, have the meanings set forth below, to include singular and plural versions:

A.1 GENERAL DEFINITIONS

Authorized Representative - the person designated in writing to act for and on behalf of a party of this Contract.

Bidder - an individual or entity that submits a bid, including anyone acting on behalf of the individual or entity, such as an agent, employee or representative.

Biennium - any of the two-year periods beginning on September 1st and ending on August 31st of odd numbered years, which periods are used for budgetary purposes by the State of Texas.

Compliance Standards - Contract requirements that have specific and clearly defined recoupment strategies to ensure that the Department does not pay for Services that are not received.

Contract Specialist - the Department employee responsible for non-technical administration of this Contract.

Contract Term - the duration of this Contract as specified in Section F.1.

Contractor - the individual, partnership or corporation who performs Services under this Contract.

Day - calendar Day.

Department - the Texas Department of Criminal Justice (TDCJ).

Department Policy - all written policies, procedures, standards, guidelines, directives and manuals of the Texas Board of Criminal Justice (TBCJ) and the Department, applicable to providing the Services specified under this Contract.

Event of Default - any of the events or circumstances described In Section I.2.

Fiscal Year - any of the one-year periods beginning September 1st and ending August 31st, which periods are used for annual budgetary purposes by the State of Texas.

Inmate - a person under supervision or custody of the Department.

Material Failure - the failure of a party to fulfill one or more obligations essential to achieving the purpose of this Contract.

Non-Appropriation - the failure by the Texas Legislature, as part of its budgetary process, to appropriate money to be used for the Payments due hereunder.

Payment - the amounts agreed to be paid by the Department to the Contractor for Services under this Contract.

PD - the TDCJ’s Personnel Directives.

Quarter - the time period that relates to the Department’s Fiscal Year, occurring on September 1st, December 1st, March 1st and June 1st.

Service - delivery of requirements in accordance with the terms and conditions of this Contract.

Service Commencement Date - the date on which the Contractor shall begin providing Services.

TBCJ - the Texas Board of Criminal Justice.

Working Day - weekdays, unless a nationally recognized holiday or another holiday observed by the Department.

A.2 SERVICE SPECIFIC DEFINITIONS

APA - the American Polygraph Association. The APA is a professional Polygraph organization, that establishes standards of ethical practices, techniques, instrumentation and research, as well as provides advanced training and continuing education programs.

Child Safety Zone - the designated 500 feet as the distance that Sex Offenders must maintain from premises where children commonly gather, including schools, day-care facilities, playgrounds, public or private youth centers, swimming pools or video arcades. Any area within 500 feet of these types of premises is considered a Child Safety Zone unless the Department or State statute modifies the distance requirement. In accordance with the Texas Code of Criminal Procedure, Article 42A.502, the Board of Pardons and Paroles may apply Child Safety Zone restrictions to additional Clients if the nature of the offense warrants the establishment of a Child Safety Zone. In cases where a local government enacts a city ordinance establishing a Child Safety Zone greater than 500 feet, then the greater distance will be utilized to identify the Child Safety Zone. All Child Safety Zones must be approved by the Department prior to use of the facility.

Client - a person under supervision or authority of the Department, identified as a Sex Offender, requiring a Sex Offender evaluation, or the Sex Offender identified for participation in the Sex Offender Treatment Program.

Clinical Polygraph Examination - the employment of an instrumentation complying with the required minimum standards of the APA and used for the purpose of detecting deception or verifying truth of statements of any Client under supervision and/or treatment for the commission of sex offenses. The Clinical Polygraph Examination is specifically intended to assist in the treatment and supervision of Sex Offenders.

Parole Officer - the Department employee responsible for the supervision of the Client.

Polygraph Examiner - the Contractor or employee of the Contractor conducting Polygraph Examinations for the purpose of this Contract.

Program Supervisor - the TDCJ Specialized Programs employee (Specialized Programs Sex Offender Parole Officer IV) responsible for technical administration of this Contract.

Sex Offender - a Client who is convicted of committing or adjudicated to have committed a sex crime under State or federal law; for an offense that is based on sexually motivated conduct; or has been ordered by the jurisdictional authority to participate in Sex Offender supervision or treatment.

Sex Offender Clinical Polygraph Examination Services - (hereinafter referred to as Services or Examinations/Exams) clinical Polygraph testing designed as a diagnostic tool to detect deception or verifying truth of statements of any person under supervision and/or treatment as required by the Department.

Specialized Programs - the section of the TDCJ Parole Division that administers the Sex Offender Treatment Program.

TDCJ-PD - the Texas Department of Criminal Justice-Parole Division.

Treatment Provider - a person who meets the criteria as established by the Council on Sex Offender Treatment and who is licensed to practice in this State to provide Sex Offender Treatment Services and provide Services for the rehabilitation of Sex Offenders.

696-PD-25-B020 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired

The Contractor shall, in accordance with the terms of this Contract, provide all necessary personnel, equipment, materials, supplies and Services, and otherwise do all things necessary for, or incidental, to providing Sex Offender Clinical Polygraph Examination Services in locations throughout the State of Texas for Clients identified by the Department. Locations may include District Parole Offices, Residential Reentry Centers, and private locations in various Texas counties, to include rural counties.

B.1.2 Pricing Instructions

A. The Department anticipates award of multiple firm fixed-price Contracts for these Services.

Bidders shall complete Section B.2, Pricing Schedule, for Services to be provided. Bidders may submit a bid for both initial examinations and reexaminations.

B. List all service location(s) where examinations will be conducted. Include District Parole

Office(s), and/or Residential Reentry Center(s) that will be used as referenced in Section C.3.

The non-Department examination location(s), such as company location(s) or private office(s), shall also be listed. Additional locations may be listed on separate pages, if necessary.

B.1.3 Estimated Quantities

The Department shall subsidize one polygraph examination (moderate or low-risk Clients), two polygraph exams (high-risk Clients), and one reexamination (if justified and approved by the Program Supervisor) per Fiscal Year.

B.2 PRICING SCHEDULE

B.2.1 Locations

District Parole Office(s):

Residential Reentry Center(s):

Company location(s), private office(s):

B.2.2.A Subsidized Pricing

BASE PERIOD (11/30/25 – 08/31/27)

Polygraph Exam $ per Polygraph per Client

Polygraph Re-Exam $ per Polygraph per Client (if needed)

Maximum Co-Payment $ per Polygraph per Exam

$ TOTAL

OPTION PERIOD ONE (09/01/27 – 08/31/28)

OPTION PERIOD TWO (09/01/28 – 08/31/29)

B.2.2.B Non-Subsidized Pricing

BASE PERIOD (11/30/25 – 08/31/27)

OPTION PERIOD ONE (09/01/27 – 08/31/28)

OPTION PERIOD TWO (09/01/28 – 08/31/29)

696-PD-25-B020 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

A. The Department, pursuant to authority by Texas Government Code §508.316(a)(3), requires a Contractor(s) to provide Sex Offender Clinical Polygraph Examination Services in locations throughout the State of Texas.

B. Contractor(s) shall provide Services to felony Clients who:

1. have a history of at least one conviction for sexually deviant behavior;

2. have displayed sexually deviant behavior during the commission of any offense resulting in a conviction;

3. have admitted to committing sexually deviant behavior;

4. have requested treatment; or

5. are required by the terms of their supervision to attend treatment or submit to a Sex

Offender evaluation.

C. The program goals of the Department are to use limited financial resources to subsidize polygraph examinations for Clients requiring financial assistance in order to facilitate the availability of examinations, prevent recidivism, and retain qualified Polygraph Examiners.

The frequency of polygraph examinations will be determined by TDCJ-Parole Division officials.

C.2 GENERAL DUTIES AND OBLIGATIONS

The Contractor/Polygraph Examiner shall provide the Services in accordance with applicable federal and State law, including all constitutional, legal and court ordered requirements, whether now in effect or hereinafter effected or implemented. The Contractor/Polygraph Examiner shall comply with the Department’s Policies, safety requirements and reporting procedures, as well as all applicable local and State standards, codes and regulations, including zoning, building, fire, health and sanitation.

C.3 LOCATION OF EXAMINATION SITE

A. Scheduling for examinations shall be made at the convenience of Department staff, Clients, the Polygraph Examiner, and the facility.

B. The Contractor may conduct examinations at a TDCJ-PD District Parole Office, a Residential Reentry Center, privately owned/leased location, or in another area geographically more convenient for Clients, upon approval in writing from the Director of Specialized Programs.

Upon unforeseen or unusual incidents, with their current Polygraph Examiner, a Client may be allowed to submit to an examination in an area where the Polygraph Examiner is not under Contract, if such provision of Service promotes continuity of care. Any proposed change in examination location must be submitted to the Program Supervisor in writing and requires approval from the Director of Specialized Programs prior to Services commencing at the new examination location under the terms of this Contract.

C. In the event Services are provided at a TDCJ-PD District Parole Office, the Contractor shall not use the computers, copiers, or other office equipment under the control of the Department.

The Contractor may use space and furniture, such as chairs, to facilitate the examination. If approved by the office manager, the Contractor may have an area to pick up referral packets and drop off examination reports.

D. The Contractor shall submit non-Department location addresses annually by September 30th for review to determine whether they are within a Child Safety Zone (Exhibit J.7), as required by Texas Government Code, Section 508.187.

1. New locations must be approved and certified by the Parole Division prior to relocation.

2. The Parole Division shall, on an annual basis (based on Contract award date), verify the

Service locations and notify the Contract Specialist if the Contractor is out of compliance.

3. If a treatment location is determined to be in a Child Safety Zone, the Director of Specialized Programs will approve the location, or the Contractor will be required to provide Services at an alternative location approved by the Department. The Contractor shall, under no circumstances, provide Services at a location within a Child Safety Zone without prior written approval from the Director of Specialized Programs.

E. The list of District Parole Offices can be found at the following websites:

Region 1 : https://www.tdcj.texas.gov/divisions/pd/region_1_dpo.html

Region 2 : https://www.tdcj.texas.gov/divisions/pd/region_2_dpo.html

Region 3 : https://www.tdcj.texas.gov/divisions/pd/region_3_dpo.html

Region 4 : https://www.tdcj.texas.gov/divisions/pd/region_4_dpo.html

Region 5 : https://www.tdcj.texas.gov/divisions/pd/region_5_dpo.html

F. The list of Residential Reentry Centers can be found at the following website:

https://www.tdcj.texas.gov/divisions/pd/residential_reentry_centers.html

C.4 MANDATORY REQUIREMENTS FOR SEX OFFENDER CLINICAL POLYGRAPH

EXAMINERS

These requirements apply to each Polygraph Examiner who will facilitate testing of Clients under the terms of this Contract. Polygraph examinations shall be administered by Polygraph Examiners who are recognized by the American Polygraph Association (APA) as outlined below and in Exhibit J.8, Recommended Guidelines For Clinical Polygraph Examinations of Sex Offenders:

A. Polygraph Examiners shall successfully complete a minimum of 40 hours of specialized Sex

Offender Polygraph Examination training recognized as consistent with APA guidelines. This qualification training shall focus on Sex Offender assessment, evaluation, and monitoring.

B. For the training to be recognized by APA, the training must have been taken by the applicant.

C. Continuing education credits shall be recognized by the APA only if the training is consistent with the guidelines; and shall be relevant to Sex Offender assessment, evaluation and monitoring to include victims and survivors.

D. All Polygraph Examiners shall, successfully complete a minimum of 30 hours of specialized

Sex Offender Polygraph Examination training recognized and consistent with APA guidelines every two years after attaining their initial 40 hours of qualification training. This continuing education training shall focus on Sex Offender assessment, evaluation and monitoring.

E. Prior to any change in Polygraph Examiners, the Contractor shall submit written notification, including the aforementioned credentials of the new Polygraph Examiner, to the Department.

The notification shall include proof of training. The Department must approve the change before Services are rendered under the terms of this Contract. Payments shall be issued only after authorized Department approval has been granted. In the event the Contractor/Polygraph Examiner performs Services prior to approval, the Contractor may be at risk of not receiving Payment for Services.

F. Polygraph Examiners shall maintain a professional and courteous relationship with all of the

Department’s staff and Clients.

G. The Contractor shall comply with performance outcome measures for all subsidized and non-subsidized Department Clients and the measurement of such. The Contractor/Polygraph Examiner shall report measures to the Program Supervisor by the 30th Day of the month following the end of each quarter. The Contractor shall provide Services and conduct business in a manner necessary to achieve such outcome measures and targets. The Contractor shall utilize outcome measures and report the measures using the format detailed in Exhibit J.6, TDCJ-PD Sex Offender Program, Performance Measures Worksheet, Polygraph Contract and Completion Instructions. The Department reserves the right to unilaterally modify these outcome measures, as needed.

C.5 MANDATORY REQUIREMENTS FOR SEX OFFENDER CLINICAL POLYGRAPH

EXAMINATION SERVICES

A. The Contractor/Polygraph Examiner shall adhere to the Polygraph Examination Guidelines as outlined by the APA in Exhibit J.8.

B. The Contractor/Polygraph Examiner shall video record all Polygraph examinations. Digital recordings shall be retained for a minimum of three years.

C. The Contractor/Polygraph Examiner shall release all video recordings to the Department upon request.

D. The Contractor/Polygraph Examiner shall administer a Polygraph to the Client to determine if a Client is being deceptive or manipulative with compliance of special conditions of supervision and treatment. Polygraph examinations shall be conducted as follows:

1. An instant offense examination, which covers the sexual offense, shall be conducted within six months of release on supervision for Clients who are in denial.

2. A sexual history disclosure examination which covers the Client’s lifetime, not including the most current sexual offense, will be conducted within six months of release on supervision for Clients who admit their offense and within nine months of release on supervision for Clients who require an instant offense test.

3. A maintenance or monitoring examination which covers the time frame from the most current sexual offense to the present time, or from the last Polygraph to present will be conducted after the initial sexual history or instant offense is completed, based on Static- 99/Static-99R. Once a Texas Risk Assessment System (TRAS) has been completed, the TRAS level shall be utilized, as follows:

a. High-risk Clients: every six months; and

b. Moderate and low-risk Clients: annually.

E. The Contractor/Polygraph Examiner shall accept all referrals according to the Client description specified in Section C.1.

F. The Contractor/Polygraph Examiner may waive examinations for the following reasons:

1. Illness of the Contractor/Polygraph Examiner or in the Contractor/Polygraph Examiner’s immediate family;

2. The Contractor/Polygraph Examiner’s vacation (maximum of four weeks per year). If the Contractor/Polygraph Examiner is to be away on vacation for more than two consecutive weeks, the Contractor/Polygraph Examiner shall coordinate the examination schedules with local Department staff;

3. At the Contractor’s discretion, examinations may be waived on the following holidays:

New Year’s Day Martin Luther King Jr. Day President’s Day Memorial Day Independence Day Labor Day Veteran’s Day Thanksgiving Day Day After Thanksgiving Christmas Eve Day Christmas Day Day After Christmas

4. Attendance at professional training, seminars, or workshops not to exceed 15 hours per year, in order to maintain or enhance licensure, certification or registration as a Polygraph Examiner. The Contractor/Polygraph Examiner shall make every attempt to schedule training times in order to minimize the disruption of Services. This waiver does not include post-graduate education that may interfere with a regular schedule of examinations.

G. The Department will not pay the Contractor for waived examinations or for Clients who fail to show for examinations.

H. The Department will pay 50% of the cost of examinations for Clients who fail to complete examinations.

I. Within 15 Days of the Polygraph examination, the Contractor/Polygraph Examiner shall submit a written report to the referring Parole Officer and submit an invoice utilizing the form provided in Exhibit J.5, TDCJ-PD Services Invoice and Completion Instructions (PMS-34), to the TDCJ Parole Division, Specialized Programs Billing Unit, for Payment of Services, with a copy of the written report and the approval email attached as described in Section G.3.B.

J. The Contractor/Polygraph Examiner shall notify the appropriate Supervising Parole Officer or

Unit Supervisor within two business days when any Client:

1. Fails to attend an examination session;

2. Displays disruptive behavior; or

3. Manifests signs of re-offending.

K. The Contractor/Polygraph Examiner, Treatment Provider and Supervising Officer shall jointly agree upon the examination frequency of the Client beyond requirements in Section C.5.D.

The Contractor/Polygraph Examiner, Treatment Provider and Parole Officer shall meet within five business days after completion of polygraph examination and every six months thereafter for Clients who have Static-99/Static-99R risk score of High, or annually for Clients who have a Static-99/Static-99R risk score of Moderate or Low, or more frequently, if needed, to discuss the exam and to determine the need for additional examination, or to determine any needed changes in the Client’s supervision.

L. The Contractor shall adopt and implement policies and procedures necessary to ensure the

Services provided pursuant to the Contract comply with the Americans with Disabilities Act, 42 U.S.C.A. 12101-12213 (1990) as amended and the Rehabilitation Act of 1973, 29 U.S.C.A.

701-797b (1973).

M. The Contractor shall be available for meeting(s) with the Department to include required staffing, team meetings, and discussions upon request.

N. The Contractor/Polygraph Examiner should not conduct more than five examinations in a single day.

1. Examinations should be scheduled for no less than 90 minutes in duration from the start of the pretest interview through the end post-test review.

2. Because of the risks of familiarization and other possible retest effects, the

Contractor/Polygraph Examiner should not conduct more than four consecutive examinations per Fiscal Year with the same Client. This does not include re-testing due to a lack of resolution from an earlier examination.

O. The Contractor/Polygraph Examiner should use a recognized comparison question technique for which there is evidence of validity and reliability, including estimates of sensitivity and specificity, published in the APA journal or other peer-reviewed scientific journals. There should not be more than four relevant questions per test series.

C.6 OPERATIONAL DEFINITIONS

The Contractor/Polygraph Examiner should ensure that every behavior of concern to the multi-disciplinary supervision and treatment team is anchored by an operational definition. Operational definitions should be common among all referring professionals and use language that is free of jargon. It should be easily understood by the Client. Examples of operational definitions include the following:

A. Physical sexual contact: refers to rubbing or touching another person's sexual organs (i.e., breasts, buttocks, genitalia) whether over or under clothing, for the purpose of sexual arousal, sexual gratification, sexual stimulation or sexual “curiosity.” This includes having, allowing, or causing another person to rub or touch one's own sexual organs, whether over or under clothing. This does not include medical care with adults or children, or parental contact with children's private areas in the form of diapering, wiping, bathing, dressing, or changing, unless done for the purpose of sexual arousal or stimulation.

B. Non-contact sexual behavior: refers to sexual behaviors such as exhibitionism, voyeurism, public masturbation, child pornography, or other sexual behaviors that are unlawful but do not involve physical contact.

C. Sexual contact: any form of contact with an individual for the purpose of sexual arousal, sexual gratification, sexual stimulation or sexual “curiosity.”

D. Force (real or implied violence): any form of real or implied violence, including for sexual arousal, physical restraint to prevent a victim from leaving, escaping, or moving away from the assault, or threats of harm to a victim's family members or pets. Force/restraint may also include alcohol or drug use in a manner that deprives a person of an ability to consent.

E. Coercion (non-violent): any non-violent means to gain compliance of a victim who expresses his or her reluctance to comply (e.g., bribery, threats to embarrass or end a relationship, etc.).

Coercion may also include using or providing alcohol or drugs in a manner that influences a person’s thoughts, choices and behavior in ways that would differ from those when not under the influence.

F. Grooming (child grooming): any means of building trust or exploiting a relationship; this could include befriending family members to gain access to a child which could allow the victim to surmise a perception of complicity, also applies to internet-based behaviors.

G. Manipulation: any means of trickery to gain the compliance of a victim who is unaware of the sexual motives of the offender (e.g., wrestling, horseplay, tickling and similar behaviors).

H. Relative (family member): any person related by blood, marriage, or adoption, or where a relationship has a legal relationship or the appearance of a family relationship (e.g., dating or live-in relationship with the person(s) natural, step or adoptive parent).

I. Minor, child, youth, and underage person includes any person defined by local laws and legislature as being below the age of consent to engage in sexual behavior.

J. Incidental contact: refers to any brief, unanticipated or unplanned contact, greeting (e.g., waving, or smiling), interaction (i.e., verbal), or incidental physical contact (e.g., shaking hands, hugging, patting the head, bumping into, exchanging money or merchandise, etc.).

K. Physical contact: includes shaking hands, hugging, patting the back or head, bumping into, exchanging money or merchandise along with other forms of physical contact including sitting on one's lap, holding, wrestling or athletic activities, etc.

L. Unapproved contact with minors: any contact or activity with minors that goes against the examinee’s agreement with treatment, probation, or parole (whether State or federal). This may include a variety of restricted behaviors that vary for individuals, including being alone with a minor, non-sexual physical contact, and/or other interactions.

M. Alone/unsupervised contact with minors: interaction, activity or contact with minors in any context which takes place in the absence of someone approved by treatment and/or supervision to supervise this contact.

N. Approved Supervisor: an individual who the supervision and/or treatment team has agreed can supervise contact between the examinee and a minor. They will have been informed of the individual’s diagnosis and offense issues, knowledgeable about the limits of acceptable behavior, and how to report a problem.

O. Pornography: the explicit depiction of sexual subject matter for the purpose of sexually arousing the viewer, sometimes referred to as X-rated or XXX material, though there is no formal rating system.

P. Child Sexually Explicit Material (CSEM)/Indecent Images of Children (IIOC):

1. Any visual depiction of sexually explicit conduct involving a minor (someone under 18).

2. Including, but not limited to, videos, digital or computer-generated images indistinguishable from an actual minor.

3. Images created, adapted, or modified, but appear to depict an identifiable, actual minor.

4. Undeveloped film or videotape, and electronically stored data that can be converted into a visual image.

Q. Sexually Stimulating Materials/Erotica: the use of sexually arousing imagery, especially for masturbation purposes.

R. Sexual thought: thoughts or patterns of thoughts, often in the form of mental imagery with the goal of creating or enhancing sexual arousal or sexual feelings.

S. Sexual Fantasy/Erotic fantasy: can be a developed or spontaneous story, or a short mental flash of sexual imagery. This differs from a sexual thought by length and narrative complexity.

Short sexual thoughts often lead into a sexual fantasy.

T. Masturbation: refers to sexual stimulation of one's genitals, often, though not always, to the point of orgasm. Stimulation can be over or under clothing, either manually or through other types of bodily contact, through the use of objects or devices, or through a combination of these methods. Although masturbation with a partner is not uncommon, masturbation for the purpose of this Contract refers to self-masturbation.

C.7 CLIENT REFERRAL PROCESS

The Parole Officer will determine whether a Client’s financial status qualifies them for subsidized Services. If so, they will become a Client under the terms of this Contract. The Contractor shall establish a Client co-payment based on the Contractor’s/Treatment Provider’s personal sliding fee scale and provide documentation to the Program Supervisor and the Parole Officer. The Contractor shall maintain a copy in the Client’s file.

A. The Supervising Officer shall make Client referrals to the Contractor/Polygraph Examiner in accordance with the criteria defined in Section C.1. The referral packet will be submitted to the Contractor/Polygraph Examiner (in a manner agreed upon by the Contractor/Polygraph Examiner and Officer) and shall contain:

1. A referral utilizing the form provided in Exhibit J.3, TDCJ-PD, Sex Offender

Treatment/Polygraph Referral Information and Instructions (PMS-27), specifying the reason for the Polygraph Exam;

2. Copies of available social and criminal history documentation of the Client;

3. A disclosure and waiver of confidentiality utilizing the form provided in Exhibit J.4, TDCJ-

PD, Disclosure of Information and Waiver of Confidentiality (PMS-33), signed by the Client which allows Department staff to exchange information with the Contractor/Polygraph Examiner and provider regarding the progress and behavior of the Client; and

4. Copies of the Client’s certificate of release, including special conditions of supervision.

B. The Supervising Parole Officer will request approval for the Polygraph exam from Specialized Programs, TDCJ – PD for subsidized exams. Once approval is granted, the Parole Officer will contact the Contractor/Polygraph Examiner to schedule the examination, determine the type of examination to be administered and assist in the development of the questions for the examination. The Parole Officer will prepare Exhibit J.5, TDCJ-PD Services Invoice and Completion Instructions (PMS-34) and forward to the Contractor/Polygraph Examiner with the approval email. The Contractor/Polygraph Examiner shall complete examinations within 90 Days from the date of approval. Approvals are not valid after 90 Days and a subsequent approval is required from Specialized Programs. Payments will not be made on email subsidy approvals that exceed 90 Days, unless otherwise noted.

C.8 PAYMENT FOR EXAMINATION SERVICES

The Department shall compensate the Contractor for one polygraph exam per period for Clients (moderate or low-risk Clients), two polygraph exams per period (high-risk Clients) and one reexamination, if justified for Clients who meet the subsidy eligibility criteria. Specialized Programs is the only authorized approving authority and all subsidized Clients require approval prior to the exam. The Contractor shall not complete the exam unless provided with the subsidy approval email. Exhibit J.5, TDCJ-PD Services Invoice and Completion Instructions (PMS-34), shall be utilized by the Contractor for Payment of examinations.

C.9 SECURITY OF RECORDS AND DISCLOSURE OF INFORMATION

A. The Contractor shall require that staff providing specified Services meet sufficient standards of integrity to ensure that:

1. The confidentiality of Client records is not compromised.

2. Unauthorized access to Client records is not allowed and no information is disclosed to any third party without written authorization from the Department. Exhibit J.4, TDCJ-PD Disclosure of Information and Waiver of Confidentiality (PMS-33), may be used by the Client to authorize the release of treatment information.

3. Information considered to be “sensitive” shall not be disclosed, copied, transmitted, or used for any purpose other than for the performance of Services contemplated herein.

This may include treatment records of programs an Inmate attended while in the custody of the Department that are provided to enhance the Inmates’ continuity of treatment in the community.

B. The Contractor shall not divulge or make known, in any manner to any person, any personal information concerning Clients, except as may be necessary in the performance of this Contract. The Contractor shall ensure that all individuals having access to or custody of records sign a statement detaining the confidentiality requirements of this Contract.

C. The Contractor/Polygraph Examiner shall notify the Department (TDCJ-PD Director of

Specialized Programs) immediately upon receipt of any legal process requiring disclosure of Client records.

D. Upon request of the Department, or in response to a subpoena or subpoena duces tecum, the Contractor/Polygraph Examiner shall appear or submit an affidavit and testify in any legal proceedings convened by a court of competent jurisdiction, the Department, or the Texas Board of Pardons and Paroles.

The Contractor/Polygraph Examiner shall, when appearing for such legal proceedings, also present the charts and video that has been maintained in regard to that Client. When providing an affidavit, the video shall be provided.

E. The parties hereto acknowledge and agree that in order for the Contractor to perform the Services contemplated herein, the Department may have to provide the Contractor with, or the Contractor may have access to, certain information, other than criminal history information, that is confidential pursuant to federal or State laws, rules or regulations, or that is personal information considered to be “sensitive”. This may include treatment records of programs an Inmate attended while in the Department’s custody. The Contractor agrees that such confidential or sensitive information shall not be disclosed, copied, or transmitted for any purpose other than for the performance of Services contemplated herein.

C.10 DEPARTMENT POLICIES AND PROCEDURES

The Contractor and its employees/subcontractors shall adhere to the Department’s Policies and procedures listed below and available on the TDCJ website at http://www.tdcj.texas.gov:

A. PD/POP-3.6.9, Sex Offender Treatment and Polygraph Guidelines;

B. PD-03, Employee ID Cards;

C. PD-04, Data Use and Non-Disclosure Agreement;

D. PD-17, Drug-Free Workplace;

E. PD-22, General Rules of Conduct and Disciplinary Action Guidelines for Employees;

F. PD-27, Employment Status Pending Resolution of Criminal Charges or Protective Orders;

G. PD-29, Sexual Misconduct with Inmates;

H. PD-75, Applicants with Pending Criminal Charges or Prior Criminal Convictions; and

I. PD-97, Training and Staff Development.

These policies and procedures shall serve to guide employee behavior in relationships to other employees, Client(s) and the public.

C.11 EXCLUSIVE USE OF DEPARTMENT FACILITIES

The Contractor/Polygraph Examiner is prohibited from providing Services for others at the Department locations or the TDCJ Facilities unless prior written authorization is obtained from the TDCJ for each individual instance of Service. Any breach of this provision constitutes grounds for Contract termination and may result in additional legal or administrative actions.

696-PD-25-B020 Section D

SECTION D - REQUIRED DOCUMENTS FROM CONTRACTOR

The Contractor shall submit the listed documents during this Contract Term. These documents may be revised, or additional documents may be required, at the Department’s discretion.

SEND TO DUE DATE REPORT ITEM AUTHORITY

MONTHLY

Referring Parole Officer By the 15th Day after completion of the Polygraph Examination

Exhibit J.5, TDCJ-PD Services Invoice and Completion Instructions (PMS-34)

Contract, Sections C.5.I and G.3.B, and Exhibit J.5

Contract Specialist Fifth Day of the following month

Exhibit J.2, HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report

Contract, Section H.2.2 and Exhibit J.2

QUARTERLY

Program Supervisor 30th Day of the month following the end of each quarter (December 30th, March 30th, June 30th, and September 30th)

Exhibit J.6, TDCJ-PD Sex Offender Program Performance Measures Worksheet, Polygraph Contract and Completion Instructions

Contract Section C.4.G and Exhibit J.6

Contract Specialist Each Quarter Report listing litigation Contract, Section K.4.6.E

ANNUALLY

Program Supervisor September 30th TDCJ-PD Child Safety

Zone Certification, Exhibit J.7

Contract Section C.3.D.1

OTHER

Contract Specialist Prior to Service

Commencement Date and upon renewal or replacement

Insurance certificates Contract, Section H.1.C

Contract Specialist Each instance Copy of each subcontract

Contract, Section H.2.D

696-PD-25-B020 Section E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

A. The Department and other government regulatory agencies have the right to inspect and test all Services called for by this Contract, to the extent practicable at all times and places during the Contract Term, to include viewing and/or participating in testing sessions. The Department shall perform inspections in a manner that will not unduly interfere with the Contractor’s performance of Services. The Contractor shall furnish, and shall require subcontractors to furnish, at no increase in the Contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

B. From time to time the Department shall, subject to limitations provided by law with respect to rights of privacy, have the right to reasonably prompt access and to examine all records of the Contractor, and its subcontractors, in connection with performance of this Contract.

C. If subject to the outcome of an audit or inspection, it is determined that the Contractor is in non-compliance with any provisions of this Contract and/or that money is owed to the Department by the Contractor, then the Department may exercise its rights of recovery of money owed as authorized in Section G.4.8 of the Contract.

1. If any of the Services are non-compliant with the Contract requirements, as identified by the Department, the Contractor shall be notified describing the specific areas of non-compliance. The Contractor shall have a 20-Day period to file a written response detailing corrective action(s) taken to address such items of non-compliance. The response must include supporting documentation which verifies execution of corrective action(s) taken.

Unless otherwise specified, or previously agreed to by the Department, the submission of a corrective action plan shall not be accepted as corrective action.

2. For all items of non-compliance satisfactorily resolved by agreement between the Contractor and the Department, no further action regarding such items shall be taken.

Any areas of non-compliance shall be corrected within 20 Days or by the date of the Department approved extension.

3. If any of the Services are non-compliant with the Contract requirements, as identified by a government regulatory agency, the Contractor must resolve all items identified as non-compliant by the deadline established by the government regulatory agency.

E.2 INSPECTION OF FACILITIES

A. The Contractor shall provide and maintain an inspection system acceptable to the Department covering the facilities and work called for by this Contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Department during Contract performance and for as long afterwards as this Contract requires (Section H.5).

B. The Contractor shall allow at all times employees/agents of the TBCJ, the Department, the Governor, members of the Legislature, and all other members of the Executive and Judicial Departments of the State, as well as any other persons designated by the Department to monitor the delivery of Services.

E.3 ATTENDANCE AT POLYGRAPH EXAMINATIONS BY PAROLE AND DEPARTMENT STAFF

A. The Contractor/Polygraph Examiner shall allow local Department staff to attend Polygraph examinations in progress for monitoring purposes on a Quarterly basis. Scheduling shall be coordinated between the Contractor/Polygraph Examiner and local Department staff.

B. The Contractor/Polygraph Examiner shall allow the Program Supervisor to attend Polygraph examinations in progress to ensure Contract compliance.

E.4 MONITORING CRITERIA

A. The Department shall establish procedures for monitoring the quality of the Contractor’s performance under this Contract, all court orders, and Department Policies.

B. The Contractor shall cooperate fully with the Department in obtaining the requisite information needed to complete such audits and to assess the quality of the Contractor’s performance.

C. Monitoring may include, but is not limited to, document reviews and on-site audits conducted by the Department’s Authorized Representative. Such monitoring by the Department shall not relieve the Contractor of any of its obligations under this Contract.

D. The Program Supervisor or Department designated staff shall provide written findings regarding non-compliant conditions, processes, procedures or operations implemented at the facility, and observations that could, if not addressed by the Contractor, become an item of non-compliance as described in Section E.1.

E.5 AUDITS BY OTHER AGENCIES

A. Upon receipt of audits and/or monitoring reports pertaining to the Services under this Contract that are conducted by agencies or entities other than the Department, the Contractor shall provide copies thereof to the Department within 30 Days.

B. The Contractor shall provide to the Department copies of responses to audits and/or monitoring reports within seven Days of issuance. Audits and/or monitoring reports may include allegations or complaints involving Services or the Contractor and its employees (including consultants, independent contractors and their employees, agents and volunteer workers).

C. The Contractor is to retain all original audits and monitoring reports that are conducted by other agencies. These records shall be maintained in accordance with the Department’s Records Retention Schedule. If those records are still in their retention period at the termination of this Contract, all originals must be physically transferred to the Department.

E.6 FRAUD, WASTE OR ABUSE

A. In accordance with Texas Government Code, Chapter 321, the State Auditor’s Office (SAO) is authorized to investigate specific acts or allegations of impropriety, malfeasance, or nonfeasance in the obligation, expenditure, receipt or use of State funds.

B. If there is a reasonable cause to believe that fraud, waste or abuse has occurred at the

Department, it can be reported to the SAO by calling 1-800-892-8348 or at the SAO’s website at https://sao.texas.gov. It can also be reported to the TDCJ Office of the Inspector General at 1-866-372-8329, the TDCJ Internal Audit Division at 936-437-7100, or Crime Stoppers at 1-800-832-8477.

696-PD-25-B020 Section F

SECTION F - DELIVERIES OR PERFORMANCE

F.1…