ESBD_450620_1756816017923_696-TC-25-P036 Solicitation.pdf

Texas Department of Criminal Justice Proposal Cover Page

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

SOLICITATION INFORMATION

Document Type : 9 Statutory Cite : Texas Government Code, Section 500.004

1) Solicitation Number:

696-TC-25-P036

2) Issue Date: 3) Deadline: October 2, 2025 September 2, 2025 3:00 p.m. CT

4) Contract Specialists: Ashley Seay 936-437-3875 ashley.seay@tdcj.texas.gov (reference Section G.2.2) Janice Wooley 936-437-3834 janice.wooley@tdcj.texas.gov

5) Type of Solicitation: RFP-Request for Proposal

6) Solicitation Description:

The TDCJ is seeking proposals to provide all necessary personnel, equipment, materials, supplies, and Services, and otherwise do all things necessary for, or incidental to, providing Sex Offender Treatment Services, identified by the Department for the following Units: Hightower, Hilltop, Hodge, and Pack.

PROPOSAL SUBMITTAL

7) Receiving

Office:

TDCJ Contracts & Procurement 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 PROPOSALS WILL NOT BE ACCEPTED.

RESPONDENT INFORMATION

8) Legal Business Name:

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

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

(remittance address if not electing Direct Deposit):

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

12) 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)

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

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

RESPONDENT AUTHORITY AND SIGNATURE

15) Point of Contact Name: __________________________________ Title: __________________________________

Email address: ______________________________________________ Telephone #: _________________

16) Authorized Signature: Date:

696-TC-25-P036

TABLE OF CONTENTS

Page

SUMMARY OF KEY DATES

SECTION A – CONTRACT 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 Discount for Award of Multiple Units

B.2 PRICING SCHEDULE

B.3 ALLOWABLE COSTS

B.4 NON-ALLOWABLE COSTS

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

C.2 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES,

PROCEDURES, AND LAWS

C.3 PROGRAM LOCATIONS

C.4 MANDATORY REQUIREMENTS FOR SEX OFFENDER TREATMENT PROVIDERS 13

C.5 MANDATORY REQUIREMENTS FOR SEX OFFENDER TREATMENT SERVICES ...13

SECTION D – REQUIRED DOCUMENTS FROM CONTRACTOR

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

E.2 INSPECTION BY STATE EMPLOYEES

E.3 MONITORING CRITERIA

E.4 AUDITS BY OTHER AGENCIES

E.5 FRAUD, WASTE, OR ABUSE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

F.2 OPTION TO RENEW THE TERM of THE 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 SPECIALIST AND PROGRAM DIRECTOR

G.2.1 Authorized Representative G.2.2 Contract Specialist G.2.3 Program Specialist G.2.4 Program Director

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

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 Business

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 DELAY OF SERVICES

H.9 SECURITY

H.10 UTILIZATION OF SERVICES

H.11 TRANSITION

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

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

RESPONDENTS

K.1 HISTORICALLY UNDERUTILIZED BUSINESS REPRESENTATION

K.1.1 Definition

K.2 FRANCHISE TAX REPRESENTATION

K.3 REPRESENTATIONS OF THE RESPONDENT

K.3.1 Organization and Qualification K.3.2 Authorization K.3.3 No Violation of Agreements, Articles of Incorporation or Bylaws K.3.4 No Defaults Under Agreements K.3.5 Compliance with Laws K.3.6 No Litigation K.3.7 Taxes K.3.8 Financial Statements K.3.9 No Adverse Change K.3.10 Disclosure K.3.11 No Collusion K.3.12 Disclosure of Interested Parties K.3.13 Felony Criminal Convictions K.3.14 Deceptive Trade Practices; Unfair Business Practices K.3.15 Notification

K.4 REPRESENTATIONS OF THE DEPARTMENT

K.4.1 Authorization K.4.2 No Violation of Agreements K.4.3 Disclosure

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO RESPONDENTS

L.1 DISCUSSIONS, CORRESPONDENCE, AND AMENDMENTS TO THE

SOLICITATION

L.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF PROPOSALS

L.3 SIGNATURES ON PROPOSALS SUBMITTED

L.4 PROPOSAL ACCEPTANCE

L.5 CONTRACT AWARD

L.6 RIGHTS OF THE DEPARTMENT

L.7 PROPOSAL PREPARATION INSTRUCTIONS

L.8 PROPOSAL SUBMISSION CHECKLIST

L.9 PRE-PROPOSAL CONFERENCE

L.10 LEGISLATIVE BUDGET BOARD (LBB) POSTING

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 SELECTION PROCESS

M.2 MINIMUM QUALIFICATIONS

M.3 EVALUATION CRITERIA

SUMMARY OF KEY DATES

September 2, 2025 Post to the ESBD

September 9, 2025 10:00 a.m. CDT Pre-Proposal Conference

September 15, 2025 3:00 p.m. CDT Deadline for Written Questions for Clarification to the Department

September 25, 2025 5:00 p.m. CDT Deadline to Submit Responses to Clarification Questions to the Department

October 2, 2025 3:00 p.m. CDT Deadline for the Department Receipt of Proposals in Huntsville. Late Proposals will not be accepted.

December 1, 2025 Service Commencement Date

696-TC-25-P036 Section A

SECTION A – CONTRACT DEFINITIONS

The following terms used in this Contract shall, unless the context indicates otherwise, have the meanings set forth below, to include the 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.

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 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.2.1.

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 amount agreed to be paid by the Department to the Contractor for Services under this Contract.

PD – the Texas Department of Criminal Justice (TDCJ) Personnel Directives.

Quarter – the periods that relate to the Department’s Fiscal Year, beginning September 1, December 1, March 1, and June 1.

Respondent – an individual or entity that submits a proposal, including anyone acting on behalf of the individual or entity, such as an agent, employee, or representative.

Service Commencement Date – the date on which the Contractor shall begin providing Services pursuant to this Contract.

Service(s) – delivery of requirements in accordance with the terms and conditions of this

TBCJ – the Texas Board of Criminal Justice.

Working Day – a weekday, unless a nationally recognized holiday, or another holiday being observed by the Department.

A.2 SERVICE SPECIFIC DEFINITIONS

ASOTP – Affiliate Sex Offender Treatment Provider actively working under the supervision of an LSOTP Supervisor.

Caseload – the number of Sex Offenders, not to exceed 12. A Provider may split the Caseload into smaller groups to conduct group therapy sessions. Payment, however, will be made based on the size of the Caseload rather than the number of groups conducted.

CSOT – the Council on Sex Offender Treatment, a part of the Texas Department of State Health Services (DSHS), that develops rules and regulations for treatment of Sex Offenders.

LSOTP – Licensed Sex Offender Treatment Provider.

Program Director – the person designated by the Contractor responsible for delivering Services under this Contract.

Program Specialist – the Department employee responsible for technical administration of this Contract.

Provider/Treatment Provider – a person who meets criteria as established by CSOT and who is licensed in this State to provide Sex Offender Treatment Services and provides Services for the rehabilitation of Sex Offenders under this Contract.

Sex Offender – an Inmate who is convicted of committing or adjudicated to have committed a sex crime under state or federal law; is awarded deferred adjudication for a sex crime under state or federal law; or is convicted of, adjudicated to have committed, or awarded deferred adjudication for an offense that is based on sexually motivated conduct.

Sex Offender Treatment Services – (also referred to as Services) treatment modalities as described by Texas Administrative Code, Title 22, Part 36, Chapter 810.

TDCJ-RRD – the TDCJ Rehabilitation and Reentry Division.

Treatment Team Meeting – a meeting of the program staff, as described in policy, in order to make collective decisions regarding program Sex Offenders.

Unit – the TDCJ Unit where Services under this Contract are to be performed.

696-TC-25-P036 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 Treatment Services for Sex Offenders identified by the Department. These services are needed at the following Department Units:

Hightower Unit

902 FM 686

Dayton, Texas 77535

Hodge Unit 379 FM 2972 West

Rusk, Texas 75785

Hilltop Unit 1500 State School Road Gatesville, TX 76598

Pack Unit 2400 Wallace Pack Road Navasota, Texas 77868

B.1.2 Pricing Instructions

The Department anticipates award of multiple firm fixed-price Contract for Payment of these Services. Respondents shall complete the B.2, Pricing Schedule, for each location at which Services will be provided. Respondents may submit proposals for one or multiple locations.

B.1.3 Discount for Award of Multiple Units

Respondents are invited, but not required, to propose a discount if awarded a Contract for more than one Unit.

Two locations % reduction per Caseload for each Unit

Three locations % reduction per Caseload for each Unit

Four locations % reduction per Caseload for each Unit

B.2 PRICING SCHEDULE

Check the TDCJ Unit that applies:

Hightower Unit Hilltop Unit Hodge Unit Pack Unit

BASE PERIOD (September 1, 2025 – August 31, 2026)

Number of Caseloads $ per Caseload

OPTION PERIOD ONE (September 1, 2026 – August 31, 2027)

OPTION PERIOD TWO (September 1, 2027 – August 31, 2028)

OPTION PERIOD THREE (September 1, 2028 – August 31, 2029)

B.3 ALLOWABLE COSTS

The proposed budget shall include only costs that are reasonable, necessary, and allowable under state statutes, Department Policy, and federal cost standards. The Department shall make the final decision on the allowance or acceptability of a cost.

B.4 NON-ALLOWABLE COSTS

The proposed budget shall not include costs that are not allowed by the State or any authorized agency, statute, policy, or procedure. Types of non-allowable costs may include but are not limited to, alcoholic beverages, bad debts, fundraising, political lobbying, and tobacco products.

696-TC-25-P036 Section C

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

Pursuant to Texas Government Code, Section 500.004, requiring Inmates to participate in treatment programs, the Department requires a Contractor to provide Sex Offender Treatment Services in correctional institutions in specified location(s). Program Inmates shall be incarcerated Inmates who have a history of at least one conviction for sexually deviant behavior and have been required to participate in Sex Offender Treatment Services prior to release from custody.

C.2 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES,

PROCEDURES, AND LAWS

A. The Contractor shall provide Services to the Department that are in compliance with all applicable local, state, and federal laws including all constitutional, legal, and court ordered requirements, whether now in effect or hereafter effected or implemented; any and all relevant federal and state financial cost principles and audit requirements; and any and all rules, policies and procedures established by the Department and the Texas Board of Criminal Justice (TBCJ) regarding management of Sex Offender Treatment Services.

B. The Contractor shall not deviate from applicable Department Policies and procedures in the provision of managing Services without the prior written approval of the Texas Department of Criminal Justice-Rehabilitation and Reentry Division (TDCJ-RRD).

C. The Department shall notify the Contractor of all changes in, or additions to, such policies and procedures, after which time the Contractor shall comply with the policies and procedures contained therein, unless the TDCJ-RRD approves in writing a deviation from such policies and procedures.

D. The Contractor’s written request for deviations from said policies shall originate from the Authorized Representative of the Contractor or designee and shall be forwarded to the TDCJ-RRD Director or designee. The Contractor’s written requests for deviation shall specify the deviation with justification and reference the policy number/procedure, section, paragraph, etc. Unless a deviation from the Contractor is specifically requested and approved in writing by the TDCJ-RRD, the Contractor shall comply with Department Policies and procedures. A Contract award shall not imply approval of a policy/procedure deviation. Any deviations previously granted by the Department under a separate or previous contract do not apply to this Contract.

E. When differences between applicable standards exist, the higher standard, as defined by the Department, will prevail. The specified requirements and standards will serve as the benchmark for monitoring Sex Offender Treatment Services.

C.3 PROGRAM LOCATIONS

Services will be provided at the Hightower Unit in Dayton, Texas; the Hilltop Unit in Gatesville, Texas; the Hodge Unit in Rusk, Texas; and the Pack Unit in Navasota, Texas.

Scheduling for sessions shall be made at the convenience of Department staff, Sex Offenders, Provider, and the Unit.

C.4 MANDATORY REQUIREMENTS FOR SEX OFFENDER TREATMENT PROVIDERS

These requirements apply to each Provider who facilitates Caseloads and conducts individual and group therapy sessions for Sex Offenders under the terms of this Contract.

A. Providers shall meet criteria established by the Council on Sex Offender Treatment

(CSOT) pursuant to the requirements set out in the Texas Occupations Code, Title 3, Chapter 110. The Contractor shall provide acceptable documentation of having met these criteria by submitting a copy of each Provider’s current Licensed Sex Offender Treatment Provider (LSOTP) or Affiliate Sex Offender Treatment Provider (ASOTP) license, and a copy of the Provider’s current primary professional license. All licenses and certifications shall be submitted with the proposal.

B. For continuity of care, it is crucial that the same Provider conduct Caseloads, therefore, prior to any change in Provider, the Contractor shall submit written notification, including the aforementioned credentials of the new Provider, to the Deputy Director of Sex Offender Programs or designee. The Deputy Director of Sex Offender Programs or designee must approve the change in Provider before Services are rendered. Payments will be made only after Department approval has been granted.

No back Payments will be made for Services rendered prior to approval.

C. Providers shall maintain a professional and courteous relationship with all Department staff and Sex Offenders.

D. A criminal history check afforded by the Department will be conducted on each Provider and an award will be contingent on a clear criminal history background. If criminal convictions are exposed, the Department reserves the right to withdraw the offer of award. The Department reserves the right to approve any subsequent hires.

All prospective Providers who currently or previously worked for the Department must authorize the Department to release to the Contractor information concerning all disciplinary actions taken during their employment with the Department as well as their Department re-hire eligibility status. The Deputy Director of Sex Offender Programs or designee will determine employment eligibility for any Provider who was previously employed by the Department and resigned during a disciplinary investigation.

Providers who have a conviction or deferred adjudication for a sexual offense shall not be approved by the Department to provide Services.

E. The Contractor shall submit each Provider’s background and experience providing treatment and assessments of Sex Offenders. This description shall include the number of years working with Sex Offenders and the average number of Sex Offenders served in a year.

C.5 MANDATORY REQUIREMENTS FOR SEX OFFENDER TREATMENT SERVICES

A. Providers shall follow all program policies for the provision of Services. Providers shall provide group therapy and individual sessions, as well as participate in scheduled Treatment Team sessions as part of the Contract.

B. The program is structured in three phases. Phase I is primarily psychoeducational, with Department Case Managers teaching classes from a structured curriculum.

Phase promotions and program completions may require attendance in a Treatment

Team Meeting. The Contractor is expected to provide or participate in the following Services regardless of how many hours they anticipate spending on the Unit:

Phase I:

1. Individual Session: two to four sessions monthly, lasting at least 30 minutes each, for each Sex Offender;

2. Treatment Team Meetings;

3. Clinical Documentation; and

4. Staff Meetings.

Phase II and Phase III:

1. Group Therapy: three hours of group sessions each week;

2. Individual Session: one individual session with each Inmate per month;

3. Treatment Team Meetings;

4. Clinical Documentation; and

5. Staff Meetings.

C. The Department shall complete an evaluation for each Sex Offender enrolled in the program. The evaluation will contain a Clinical Interview, Review of Risk Assessment and Personality Assessment Inventory (PAI), along with conclusions and recommendations to include the Estimated Date of Completion (EDC). The Provider shall ensure this evaluation has been completed for all Sex Offenders in the Caseload.

D. The Providers shall use group therapy as the primary treatment method. During Phase

II and Phase III, the group therapy shall be scheduled for three hours weekly.

E. In the event an unusual situation arises that is best addressed in individual counseling sessions rather than the group setting, individual sessions beyond those required as a minimum may be provided with advance permission from the Deputy Director of Sex Offender Programs or designee.

F. The Contractor may waive sessions for the following reasons:

1. Illness of Provider or in Provider’s immediate family; or

2. Provider’s vacation (maximum of four weeks per calendar year).

G. The Department will not pay for waived sessions.

H. Sessions will not be conducted on holidays observed by the Department or on other days when the Department is closed:

New Year’s Day Martin Luther King, Jr. Day Presidents’ Day Memorial Day Independence Day Labor Day Veterans’ Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day Day After Christmas

The Department will not pay for sessions scheduled on or cancelled due to a holiday closure.

I. The Provider shall place weekly written progress notes in the Sex Offenders record for each session completed and Treatment Team Meetings attended. The records are maintained in the Department’s Microfocus system and shall remain in the custody of the Department.

J. The Provider shall prepare written documentation of treatment interventions used to gain compliance and provide motivation to Sex Offenders for their acceptance of responsibility and completion of required assignments. In accordance with Department Policy regarding graduated sanctions, the Provider may be required to document formal disciplinary cases for processing within the Department for failure to participate in a required treatment program.

K. The Contractor, and Deputy Director of Sex Offender Programs or designee shall jointly agree upon the course of treatment to include modifications to frequency of attendance and duration of program participation (e.g., early completion or extension).

L. Sessions will not be scheduled or conducted during a lockdown. The Department will not pay for sessions that did not occur. However, if a Provider is on-site during a lockdown, they may utilize the time they would normally spend in group to complete clinical documentation, provide assignments to Sex Offenders, conduct Treatment Team Meetings, review cases, attend staff meetings, and do other work as needed, in order to receive Payment.

696-TC-25-P036 Section D

SECTION D – REQUIRED DOCUMENTS FROM CONTRACTOR

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

SEND TO DUE DATE DOCUMENT ITEM AUTHORITY

MONTHLY

Contract Specialist

By the 5th Day of every month

HUB Subcontracting Plan (HSP) Prime Contractor

Progress Assessment Report, Exhibit J.2

Contract Section H.2.2.C

QUARTERLY

Contract Specialist

Each Quarter Document listing litigation Contract Section K.3.6.E

YEARLY

Program Specialist

Upon Renewal Professional Licenses and Certifications

Contract Section C.4.A

OTHER

Contract Specialist

Prior to Service Commencement and within 30 Days of effective date upon renewal or replacement

Insurance Certificates and Policies

Contract Section H.1.C

Contract Specialist

Each instance Copy of each subcontract Contract Section H.2.D

696-TC-25-P036 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. 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 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 related specifically to the program, including financial records, employee records (including time and attendance records), and Inmate records generated by the Contractor and its subcontractors in connection with the 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.4.4 of this 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 all 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 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 BY STATE EMPLOYEES

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

696-TC-25-P036 Section E

E.3 MONITORING CRITERIA

A. The Department shall devise its own 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 Authorized Representatives of the Department. Such monitoring by the Department shall not relieve the Contractor of any of its obligations under this Contract.

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

E.4 AUDITS BY OTHER AGENCIES

A. Upon receipt of audits or monitoring reports pertaining to the provision of 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 or monitoring reports may include allegations or complaints involving Unit operations, 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 the Contract, all originals must be physically transferred to

E.5 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-TC-25-P036 Section F

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

The Contract Term will consist of a one-year Base Period. The Contract may be extended per Section F.2, Option to Renew the Term of the Contract, for three one-year Option Periods:

Base Period September 1, 2025 through August 31, 2026 Option Period One September 1, 2026 through August 31, 2027 Option Period Two September 1, 2027 through August 31, 2028 Option Period Three September 1, 2028 through August 31, 2029

F.2 OPTION TO RENEW THE TERM OF THE CONTRACT

A. The Department may, at its sole discretion, issue a unilateral modification to renew the Contract for the Option Period, provided that the Department gives the Contractor a preliminary written notice of its intent to renew at least 60 Days before the Contract expires.

B. If a preliminary written notice has not been provided to the Contractor at least 60 Days before the Contract expires, a modification to renew the Contract for the Option Period shall be mutually agreed to by both parties and executed in writing with the authorized signatures.

C. The preliminary notice does not commit the Department to the renewal periods.

D. If the Department exercises this option, the renewal shall include this option provision.

E. The Department may exercise its option to renew Services for a potential Contract duration of four years.

F.3 OPTION TO EXTEND SERVICES

A. The Department may require continued performance of any Services within the limits and at the rates specified in this Contract, for the purpose of re-advertising the Service, awarding a new Contract, or transitioning into a new Contract.

B. The Department may exercise this extension of Services for a maximum of six months.

C. Any extension made pursuant to this Section shall comply with the General Appropriations Act applicable to the Base Period of this Contract.

696-TC-25-P036 Section G

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contract Specialist will make their full text available.

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

SPECIALIST AND PROGRAM DIRECTOR

G.2.1 Authorized Representative

A. In the case of the Contractor, its President or any Vice President, or designated senior management personnel, shall designate an Authorized Representative. The Contractor’s Authorized Representative may designate other persons to assist such Authorized Representative in the performance of certain obligations required by this Contract. Such designation must be in writing to the Department.

B. In the case of the Department, the Executive Director is hereby designated as its Authorized

Representative and has authorized the Chief Financial Officer or the Business and Finance Division Director to act on his/her behalf on matters requiring signature approval, based on the Contract value, of the Authorized Representative. The TDCJ-RRD has been authorized to act on behalf of the Executive Director on all matters pertaining to the Services in compliance with this Contract. The Department’s Authorized Representatives may designate other persons to assist such Authorized Representatives in the performance of certain obligations of this Contract.

C. At any time, any party may designate any person as its Authorized Representative by delivering to the other party a written designation signed, if on behalf of the Contractor, by its President or any Vice President, or designated senior management personnel, or if on behalf of the Department, by the Executive Director. Such designations shall remain effective until new written instruments are filed with, or such notice is given to the other party that such designations have been revoked.

D. The Department’s Authorized Representative (the Executive Director), or his/her designated representative, is the only person authorized to make or approve changes in any of the requirements of this Contract, and notwithstanding any clauses contained elsewhere in this Contract, the said authority remains solely with the Executive Director or his/her designated representative. In the event the Contractor makes any change at the direction of any person other than the Executive Director or his/her designated representative, the change will be considered to have been made without authority and no adjustment will be made in the Contract price to cover any increase in cost incurred as a result thereof.

G.2.2 Contract Specialist

A. The Contract Specialist for administration of this Contract is Ashley Seay.

B. The telephone number for the Contract Specialist is (936) 437-3875.

C. The email address for the Contract Specialist is ashley.seay@tdcj.texas.gov.

D. The Contract Specialist is responsible for general administration of this Contract, negotiation of any changes, and final issuance of written changes/modifications to this Contract. All requests by the Contractor to modify the Contract shall be made in writing to the Contract Specialist with a copy submitted to the Program Specialist.

G.2.3 Program Specialist

A. The Department’s Program Specialist is not authorized to make any representations or commitments of any kind on behalf of the Department’s Authorized Representative as described in Section G.2.1.

B. The Department’s Program Specialist does not have the authority to alter the Contractor’s obligations or to change the Contract specifications, cost(s), terms, or conditions.

C. If, as a result of technical discussions, it is desirable to modify Contract obligations or the statement of work, changes will be issued in writing and signed by the Executive Director or his/her designated representative of the Department.

G.2.4 Program Director

The Contractor shall provide, a Program Director for this Contract who shall be responsible for the overall management and coordination of this Contract and shall act as the central point of contact with the Department. The Program Director shall have full authority to act for the Contractor in the performance of the required Services. The Program Director, or a designated representative, shall meet with the Program Specialist to discuss problems as they occur.

G.3 INVOICE REQUIREMENTS

A. The Contractor shall invoice the Department for each calendar month, one calendar month in arrears for the amount due for Services, and the Department shall pay such invoice within 30 Days after receipt of an accurate Contractor’s invoice. The Contractor may offer a prompt payment discount, for example, 1%-15 Days (refer to Block 13 of the Proposal Cover Page if the Contractor desires expedited Payments. Prompt payment discounts and payment terms must be stated on each invoice.

B. Invoices will be processed in accordance with Texas Administrative Code Title 34, Part 1, Chapter 20, Subchapter F, Division I, Rule §20.487, Invoicing Standards.

1. The Department must notify the Contractor of an error or disputed amount in an invoice submitted for payment no later than the 21st Day after the Department received the invoice and shall include in such notice a detailed statement of the amount of the invoice which is disputed.

2. The Department may request payment for an invoice from the Texas Comptroller of

Public Accounts only after the Department has:

a. Received, inspected, and accepted delivery of goods or services covered by the invoice; and

b. Received and accepted a complete and accurate invoice.

C. The Contractor’s monthly invoice shall include the following information:

1. Name of business, remittance address, email address, telephone number, point of contact, and invoice date;

2. Department’s name, agency number (696), and program location;

3. Contract number;

4. Valid Texas identification number;

5. Descriptions, price, and quantities of Services rendered;

6. Daily number served at program location; and

7. Prompt payment discount.

D. Services or expenditures submitted by the Contractor that cannot be verified will be disallowed for reimbursement. Illegible or incomplete documentation, which cannot be verified, will be disallowed for reimbursement.

E. Monthly Invoices shall be submitted to the office designated below or electronically no later than the fifth Working Day after the end of every month:

Texas Department of Criminal Justice Rehabilitation and Reentry Division Attention: Accountant V P.O. Box 99 Huntsville, Texas 77342-0099

G.4 PAYMENTS

A. It is recommended that the Contractor receive Payments via Electronic Funds Transfer (EFT), also known as direct deposit.

B. Regardless as to whether direct deposit is chosen, upon Contract award the Contractor shall submit a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form to the following address:

Texas Department of Criminal Justice Attention: Accounts Payable P.O. Box 4018 Huntsville, Texas 77342-4018

C. The form and instructions can be found at the following link of the TDCJ website:

https://www.tdcj.texas.gov/divisions/bfd/acct_accts_pay.html.

D. If the Contractor has previously submitted a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form to the Department for another separate contract, another form is not required to be submitted.

E. Payment is to be made monthly by the Department to the Contractor after all Services are rendered and invoices with required reports have been submitted accurately and completely.

F. Partial Payments may be made when the amount of the invoice is sufficient, in the opinion of the Department, to justify processing the Payment.

G. The Contractor shall have 30 Days from receipt of Payment to submit a request for consideration to review any discrepancies or inaccuracies.

G.4.1 Payment Adjustment

A. The Departments may elect to deduct from its monthly Contractor Payment as specified in Section G.4.3 and G.4.4, any amount specified in Exhibit J.3, or any money determined to be due as specified under Section E.1.C.

B. If it is determined the amount of monthly Contractor Payment is not adequate to cover the money due to the Department, then all monthly Contractor Payments shall be withheld, and an invoice issued to the Contractor for the amount due.

C. The Contractor shall be responsible to pay the invoiced amount within 30 Days of receipt unless the Contractor and the Department mutually agree on an alternative Payment method.

G.4.2 Late Payment

Any amount owed to the Contractor more than one Day beyond the date such amount is due as described in Section G.3 hereof shall accrue interest each Day that such amount is not paid at the rate specified by Texas Government Code, Section 2251.025, provided, however, that this provision shall not excuse failure by the Department to make Payment in strict accordance with this Contract.

G.4.3 Deductions for Unacceptable Compliance Standards

A. Compliance Standards are listed in Exhibit J.3 of this Contract.

B. The Contractor’s failure to meet the listed Compliance Standards shall result in a deduction to the monthly Contractor Payment.

G.4.4 Withholding of Payment

A. The Department shall have the right to withhold the monthly Contractor Payment until the failures described below have been corrected:

1. Failure to submit reports as required in Section D.

2. Failure to respond to audit reports as required in Section E.1.C.

3. Failure to correct identified areas of non-compliance to the satisfaction of the Department within 20 Days upon receipt of written notification.

B. The Contractor agrees that the Department shall not pay interest to the Contractor for monies so withheld.

C. The monthly Contractor Payment withheld shall be released upon the Department’s satisfaction that compliance has been achieved for 30 consecutive Days.

D. Except for disputed issues, such withholding of final Payment by the Department shall not exceed 120 Days from the date of Contract termination.

G.4.5 Right to Offset

In the event the Department determines that the Contractor owes money to the Department under any contract or purchase order, the Department, upon providing the Contractor with written notice of its intent to offset, shall have the right to withhold monies due to the Contractor with respect to this Contract or purchase order or with respect to any contract or purchase order with the Department and apply such monies to the money due to the Department.

696-TC-25-P036 Section H

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

A. Prior to the approval of this Contract by the Department, the Contractor shall procure, pay for, and maintain the following insurance written by companies approved by the State of Texas and acceptable to the Department. It is recommended that coverage be with a company or companies having both, a Financial Strength Rating of “A” or better and Financial Size Category Class of “VII” or better from A.M. Best Company, Inc.

B. The insurance shall be evidenced by delivery to the Department of certificates of insurance executed by the insurer or its authorized agent stating coverage, limits, expiration dates and compliance with all applicable required provisions.

C. Upon request the Department shall be entitled to receive, at no cost, copies of the policies and all endorsements for all providers. Copies and changes to the initial insurance policies, including extensions, renewals, cancellations, and revisions shall be submitted to the Contract Specialist within 30 Days of the effective date.

D. Subject to the Contractor’s right to maintain reasonable deductibles, the Contractor shall obtain and maintain in full force and effect for the duration of this Contract and any extension hereof, at the Contractor’s sole expense, insurance coverage in the following type(s) and amounts:

1. Workers' Compensation with statutory limits; Employers Liability with minimum limits for bodily injury:

a. By accident, $500,000 per accident; and

b. By disease, $500,000 per employee with a per policy aggregate of $1,000,000.

2. Professional Liability (including Errors and Omissions) including coverage for the rendering of, or failure to render, professional services with minimum limits of $1,000,000 per occurrence, and $3,000,000 annual aggregate.

3. Commercial Crime Insurance to cover losses from Employee Dishonesty with a minimum limit of $1,000,000 each occurrence endorsed to cover third party property. The Department must be a joint loss payee.

4. Cybersecurity Insurance to cover liability incurred by data security breaches, theft, dissemination, and/or use of personal or confidential information, with a limit of $2,000,000.00.

NOTE: If the insurance described above is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than 60 months following completion of the Contract and acceptance by the Department. Coverage, including any renewals, shall have the same retroactive date as the original policy applicable to this Contract.

H.1.1 Required Provisions

The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, the following required provisions:

A. Name the Department and its officers, employees, and elected representatives as additional insured to all applicable coverages except Workers’ Compensation and Professional Liability.

B. Waive subrogation against the Department, its officers, employees, and elected representatives for bodily injury (including death), property damage or any other loss, to all applicable coverages.

C. Provide that the Contractor’s insurance is the primary insurance regarding the

Department, its officers, employees, and elected representatives.

D. Provide that all provisions of this Contract concerning liability, duty, and standard of care, together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

E. Ensure that all certificates of insurance identify the service or product being provided and the name of the responsible party.

F. The Contractor, through an insurance agent licensed by the State of Texas, shall obtain all insurance coverage and an insurance company licensed to issue such coverage in this State shall provide such coverage. No “self-insurance” coverage shall be acceptable.

G. All insurance coverage obtained by the Contractor shall continue in full force and effect during the Contract Term. No contract shall be entered into between the Contractor and the Department unless insurance coverage binders are received by the date scheduled for the execution of this Contract. Proof of insurance policies must be delivered prior to the Service Commencement Date.

H. The Contractor may choose the amount of deductible for any other insurance coverage required (above) to be obtained by the Contractor, but in no event shall such deductible for each occurrence exceed 5% of the required yearly aggregate limit of coverage.

I. The Contractor is responsible for the first dollar defense coverage. All professional liability policies shall provide defense in addition to the policy limits.

J. The limits required herein are minimum acceptable. However, these limits are not to be construed as being the maximum any prospective contractor may wish to purchase for their own benefit.

K. With respect to the total limits of liability required, any combination of primary and/or umbrella coverage may satisfy those totals. However, if an umbrella is used, coverage must be at least as broad as the primary coverage.

H.2 SUBCONTRACTORS

A. The Contractor may subcontract for the performance of any of its responsibilities to provide Services pursuant to this Contract.

B. No subcontract may be entered into unless the Department provides prior written approval, which approval may not be unreasonably withheld.

C. If a subcontractor is deemed to be needed for an event of an emergency nature, verbal approval may be obtained through an Authorized Department Representative. The Contractor shall submit a written request with supporting documentation for approval, by the Department, as soon as possible.

D. The Contractor shall furnish to the Department copies of all subcontracts, without regard to the amount of annual payments.

E. Any arrangement by the Contractor with an affiliate or member company to provide

Services for this Contract shall be subject to the subcontractor provisions of this Section.

F. No contractual relationship shall exist between the Department and any subcontractor, and the Department shall accept no responsibility whatsoever for the conduct, actions, or omissions of any subcontractor selected by the Contractor.

G. The Contractor shall be responsible for the management of the subcontractors in the performance of their work.

H. A subcontractor may not work directly with the Department in any manner and shall not be included in Contract negotiations, renewals, audits, or any other discussions except at the request of the Department.

I. Unless waived in writing by the Department, the subcontract shall contain the following:

1. An acknowledgement that the subcontract is subject to the Contract between the Department and the Contractor (the “Master Contract”).

2. The subcontractor shall agree to comply with the terms of the Master Contract to the extent applicable with respect to goods and Services being provided under the subcontract. It is the intention of the parties of the subcontract that the subcontractor shall “stand in the shoes” of the Contractor with respect to fulfilling the duties and obligations of the Contractor to the Department under the Master

3. The…