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REQUEST FOR PROPOSAL

RFP No. 201-002-2026

Curriculum Developer:

Texas Mental Health Law Courtroom Curriculum

Proposal Submittal Deadline: December 31, 2025

Judicial Commission on Mental Health PO Box 12248

Austin, Texas 78711

Questions may be submitted to:

Patrick Passmore, Finance Manager

Phone: 512.463.4924 E-mail: patrick.passmore@txcourts.gov mailto:patrick.passmore@txcourts.gov

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INTRODUCTION

The Judicial Commission on Mental Health (JCMH) was established by joint order of the Supreme Court of Texas and the Texas Court of Criminal Appeals to develop, implement, and coordinate policy initiatives designed to improve the courts’ interaction with—and the administration of justice for—children, adults, and families with mental health, substance use disorders, or intellectual and developmental disabilities (IDD).

PURPOSE/SCOPE

The Curriculum Developer will collaborate with the Texas Judicial Commission on Mental Health (JCMH) to refine, expand, and standardize the Texas Mental Health Law Courtroom Curriculum, a statewide training model designed to prepare psychiatry residents and fellows for participation in Texas mental health law proceedings.

The Curriculum Builder will work closely with JCMH staff and medical educators to ensure that each curriculum component is accurate, replicable, and aligned with both ACGME Psychiatry Milestones and Texas statutory frameworks.

Embedding legal-psychiatric expertise in medical training ensures that residents and fellows gain direct exposure to the court processes that shape psychiatric practice. This collaboration promotes ethical documentation, confident courtroom testimony, and stronger collaboration between the legal and medical systems, enhancing both the quality of education and the quality of care delivered across Texas.

DATA COLLECTION & DELIVERABLES

• Review Existing Curriculum o Review and assess the current curriculum drafts, session outlines, and related materials developed by

JCMH staff

• Develop a Standardized Model o Design a scalable, standardized framework for the curriculum that allows for flexibility for local adaptation while maintaining statewide consistency

• Develop Evaluation Methods o Identify evaluation methods for tracking participation, outcomes, and curriculum impact.

• Align Curriculum with ACGME Standards o Map curriculum content and competencies to the Accreditation Council for Graduate Medical Education (ACGME) Psychiatry and Forensic Psychiatry Milestones.

o Prepare materials for publication or submission consistent with ACGME formatting and accreditation requirements.

Each of the items listed above shall be separate contract deliverables. Each deliverable shall be subject to review by JCMH prior to acceptance of the deliverable.

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QUALIFICATIONS

Minimum Education

• Master’s degree required; preferred: doctoral degree (Ph.D., Ed.D., or related) in Behavioral Health, Public Health, Human Development, Curriculum & Instruction, Instructional Design, or a closely related field.

• Additional certifications or training in mental-health education, trauma-informed practice, or community mental-health are beneficial.

Required Professional Experience (5+ years)

The contractor must demonstrate experience in the following areas:

• Curriculum Design & Instructional Development o Significant experience developing adult-learning curricula, multi-session training programs, or educational frameworks for professional learners.

o Ability to integrate evidence-based practices, adult-learning theory, competency-based training, and experiential learning methodologies.

o Experience producing facilitator guides, participant materials, and implementation toolkits for use across institutions or statewide systems.

• Mental Health, Behavioral Health, or Health-Systems Education o Experience developing or supporting educational programs in behavioral-health or mental-health settings

(clinical, academic, community, or systems-level).

o Ability to translate complex health or statutory concepts into structured educational modules suitable for interdisciplinary audiences (e.g., psychiatry residents, legal professionals, healthcare teams).

o Familiarity with community mental-health systems, adult behavioral-health needs, and the challenges of service delivery in diverse or underserved regions.

• Program Development & Evaluation o Experience designing training programs with measurable learning outcomes, evaluation instruments, and continuous quality improvement processes.

o Demonstrated ability to create pre/post assessments,

• Interdisciplinary & Cross-Sector Collaboration o Demonstrated ability to work collaboratively with academic institutions, healthcare providers, legal partners, and other professional stakeholders.

o Strong communication and project-coordination skills, including the ability to lead meetings, integrate feedback, and maintain alignment across systems.

o Experience supporting or developing curricula in complex, interdisciplinary environments (e.g., health systems, public agencies, court-related initiatives).

Preferred Experience (Not required but advantageous)

• Experience developing curriculum for medical trainees, behavioral-health professionals, or other adult professional learners.

• Familiarity with mental-health law, civil commitment processes, or statutory frameworks governing adult mental-health treatment.

• Experience implementing training across multiple counties, campuses, or community settings.

• Background in designing education for adult mental-health programs, systems-based practice, or legal-clinical collaborations.

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Required Skills

• Advanced instructional design abilities, including writing learning objectives, structuring educational modules, and aligning content to competency frameworks.

• Excellent writing and editing skills with the ability to produce clear, concise, and high-quality instructional documents for statewide release.

• Ability to create materials that are scalable, replicable, and adaptable to varied learning environments.

• Strong project-management skills: timelines, version control, stakeholder communication, and iterative review processes.

TIMELINE

Date JCMH Contractor December 2, 2025 JCMH RFP posted December 31, 2025 JCMH RFP closed January 9 , 2025 Proposal Selected & Announced Review o Existing Curriculum Model February 9, 2026

Review of Existing Curriculum Model Completed

February 9 – April 30, Provide Substantive Legal Support Develop Standardized Curriculum Model

Align Curriculum with ACGME standards

May 1, 2026 Legal Review of Curriculum Model Due to JCMH for Review June 1, 2026 Legal Support Incorporate JCMH legal recommendations July 1, 2026 Facilitate Mult-Disciplinary Team Present Curriculum Model to Multi-Disciplinary Team for Review August 1, 2026 Provide Substantive Legal Support Incorporate Recommendations and Revisions from

Multi-Disciplinary Team September 1, 2026 Subsequent Legal Review Revisions due to JCMH October 1, 2026 Facilitate Multi-Disciplinary Team Present Revised Model to Multi-Disciplinary Team December 1, 1026 Final Legal Review Final Curriculum Due January 1, 2027 Develop Post Release Evaluation February 1, 2027 Legal Support Develop Recommendations on Curriculum

Implementation March 1, 2027 Curriculum Available to Residency Programs Curriculum Support March 2- June 2027 Legal Support Curriculum Support July 1, 2027 Curriculum In Use by Texas Psychiatry

Residency Programs

TERM & COMPENSATION

The contract awarded under this RFP shall begin upon the date the purchase order is executed and shall end no later than August 30, 2028

The basis for compensation shall be the JCMH’s acceptance of the deliverables. Compensation amounts and milestones will be negotiated after acceptance of the proposal.

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PROPOSAL SUBMISSION

General

• Format Respondents shall submit one electronic copy of the Proposal. The electronic copy must be sent to JCMH@txcourts.gov with the subject “RFP No. 201-002-2026” prior to the proposal submittal deadline. Submission pages must be numbered and contain an organized, paginated table of contents corresponding to the section of the Statement of Work.

• Contents Listed below is a summary of information required to be included in a Proposal responding to this RFP. JCMH reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

o Respondent Information. Include the following information related to the responding business entity:

formal name and all assumed names used by the business entity; structure of business entity (i.e. sole proprietorship, partnership, corporation, etc.); and name, title, address, telephone number, and e-mail address of Respondent’s primary contact.

o Project Plan for Contract Deliverables and Detailed Narrative. Provide a project plan that includes key goals and dates and a detailed narrative response for each deliverable showing how the Respondent intends to meet each deliverable requirement.

o Experience and Qualifications. Complete and provide the Respondent Questionnaire included as an Attachment A to this RFP. The questionnaire solicits information about Respondent’s contacts, references, previous contract terminations, experience, and personnel (including employees and subcontractors licenses and or certifications). In addition to the Respondent Questionnaire, Respondents must provide information about the experience and qualifications of employees and contractors who will furnish services under this Contract.

o Statement of Objectivity. No JCMH employee may have a direct interest in the proceeds of a contract resulting from this RFP or be related within the second degree of consanguinity or affinity to anyone having a direct interest in those proceeds. Include a statement of Respondent’s objectivity and independence. If Respondent is funded by or related to any entity or person employed by JCMH, disclose the nature and degree of the relationship. JCMH may conditionally accept an offer without this statement but may not award a contract without it.

o Execution of Proposal. The JCMH will reject proposals without an Execution of Proposal (included as Attachment B to this RFP) signed by a person with authority to bind the Respondent to a contract.

• Pricing o Respondent should include a detailed cost proposal by category to accomplish the scope of work. The proposed cost of services document should be included as a separate attachment and titled “Proposed Cost RFP No. 201-002-2026” mailto:JCMH@txcourts.gov

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PROPOSAL EVALUATION

The JCMH will award a contract to a Respondent whose Proposal is considered to provide the best value to the State of Texas, as defined by Texas Government Code Section 2155.074.

A committee will be established to evaluate the Proposals. The committee may include one or more employees of JCMH, members of the JCMH Executive Committee and any other person(s) invited by JCMH to participate. The evaluation committee will determine best value by applying the following criteria and assigned weighted values:

Categories Possible Points

1. Education & Professional Credentials

20 points – Doctoral degree in a relevant field (behavioral health, public health, education, curriculum & instruction, etc.).

15 points – Master’s degree in a relevant field with specialized training.

10 points – Bachelor’s degree with significant related training.

0 points – Does not meet minimum educational expectations.

2. Curriculum Development Experience

22 points – Extensive experience leading adult-learning curriculum development across multi-module or multi-site programs.

16 points – Solid experience creating modules and multi-session training.

8 points – Limited curriculum-development experience.

0 points – No curriculum experience.

3. Behavioral Health / Mental Health Content Expertise

20 points – Strong background in developing or teaching adult mental-health or behavioral-health education.

15 points – Moderate experience integrating behavioral-health content into adult learning.

8 points – Minimal exposure.

0 points – No relevant experience.

4. Program Evaluation & Data-Informed Design

18 points – Demonstrated experience designing evaluation methods (assessment tools, competency rubrics, outcome measures).

12 points – Some experience developing evaluation components.

6 points – Limited evaluation experience.

0 points – No evaluation background.

5. Interdisciplinary Collaboration & Project Management

20 points – Strong record of leading interdisciplinary or cross-sector projects involving healthcare, academia, or public systems.

15 points – Moderate experience coordinating projects or working with multi-stakeholder teams.

8 points – Limited collaboration or project-management experience.

0 points – No relevant experience.

In evaluating Proposals to determine the best value for the State, JCMH may consider information related to past contract performance of a Proposal, including, but not limited to, the Comptroller of Public Account’s Vendor Performance Tracking System.

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RESERVATION OF RIGHTS

The JCMH reserves the right to reject any and all proposals or to re-solicit or cancel this RFP, if such action is deemed in the best interests of the State of Texas and the JCMH.

GENERAL TERMS & CONDITIONS

OFFER AND ACCEPTANCE. A proposal submitted in response to this RFP is an offer to contract based upon the terms, conditions, and specifications contained herein. The offer is accepted by JCMH and becomes a contract when a purchase order is executed. The selected Respondent shall be referred to as the Contractor.

CONTRACT DOCUMENTS. The contract documents will consist of the following:

1. The executed purchase order;

2. Any written Addenda or Amendments;

3. The RFP, including the General Terms and Conditions;

4. Any Best and Final Offer (BAFO) submitted by the Contractor; and

5. The Proposal, (including the General Terms and Conditions, attachments, appendices, and exhibits).

The contract documents are incorporated in the Contract for all purposes and contain the entire agreement between the Contractor and JCMH. In the event of a conflict between the documents listed in this paragraph, the documents will control in the order of precedence listed above beginning with (a), then (b), then (c), then (d), then (e). In the event and to the extent any provisions in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded the earlier provisions. Any modification, alteration, or waiver of any term, covenant, or condition of the Contract and any attachments shall be in writing and executed by JCMH and the Contractor.

STANDARDS OF SERVICES. Contractor shall provide all of the above services and all reasonably related services in accordance with applicable professional standards. Contractor represents and warrants that it has the requisite qualifications, experience, personnel and other resources to perform in the manner required by this Contract.

PROJECT MANAGER. JCMH will designate a Project Manager to serve as the point of contact between the JCMH and Contractor. JCMH’s Project Manager shall supervise JCMH’s review of Contractor’s work, deliverables, draft reports, schedules, and similar matters. The Project Manager has no express or implied authority to vary the terms of the Contract, amend the Contract in any way or waive strict performance of the terms or conditions of the Contract.

PERSONNEL. Contractor shall assign only qualified personnel to this Contract, including subcontractors. No subcontract shall relieve Contractor of responsibility for ensuring the requested services are provided, and Contractor shall be the sole contact for JCMH.

TERM AND TERMINATION. The Contract shall become effective on the later of February 2, 2015 or the purchase order execution date, and shall expire no later than May 1, 2015, unless otherwise sooner terminated as provided in this RFP.

Provisions herein regarding confidentiality, indemnification, transition, records, right to audit and independent audit, property rights, dispute resolution, invoice and fees verification, and default shall survive the termination or expiration dates of the Contract. By providing thirty (30) days’ written notice to Contractor by certified mail, return receipt requested or by facsimile, JCMH may terminate the contract within JCMH’s sole discretion.

PAYMENT. Payment shall be made upon acceptance by JCMH of each contract deliverable described in Section II above.

PUBLIC ACCESS TO RECORDS. Although JCMH is not subject to the Texas Public Information Act, all RFP and contract documents and information, and any report, analysis or data generated as a result of the contract services may be subject

- 8 -to public disclosure under Rule 12 of the Texas Rules of Judicial Administration. JCMH will notify Contractor of any request received by JCMH for records that Contractor has identified as confidential in its response to this RFP.

CONFIDENTIALITY. Contractor agrees to maintain and shall execute a confidentiality agreement safeguarding the confidentiality of information received from the State of Texas during the performance of this Contract.

INSURANCE AND OTHER SECURITY. Within five (5) business days of executing this agreement, Contractor shall provide JCMH with current certificates of insurance or other proof acceptable to JCMH of Standard Workers Compensation Insurance and Commercial General Liability Insurance. All such coverage shall be with companies licensed in the state of Texas.

INDEMNIFICATION. Contractor shall defend, indemnify, and hold harmless the State of Texas and its officers and employees, and JCMH and its officers, employees and contractors from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Contractor or any agent, employee, subcontractor, or supplier of Contractor in the execution or performance of the Contract. Contractor shall coordinate its defense with the Texas Attorney General’s office as requested by JCMH. This paragraph is not intended to and shall not be construed to require contractor to indemnify or hold harmless the State or JCMH for any claims or liability resulting from the negligent acts or omissions of JCMH or its employees.

DISPUTE RESOLUTION. The dispute resolution process provided for in Texas Government Code Chapter 2260 shall be used by JCMH and Contractor to attempt to resolve any dispute arising under the Contract.

AMENDMENTS. The Contract may be amended only upon written agreement between JCMH and Contractor; however, any amendment of this Contract that conflicts with the laws of the State of Texas shall be void ab initio.

APPLICABLE LAW; VENUE. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. The venue of any suit arising under this Contract is fixed in any court of competent jurisdiction of Travis County, Texas.

STRICT COMPLIANCE. Time is of the essence in the performance of the Contract. Contractor shall strictly comply with all of the contract deadlines, requirements, and performance standards.

ASSIGNMENTS. Without the prior written consent of JCMH, Contractor may not assign this Contract, in whole or in part, and may not assign any right or duty required under it.

PARTIALLY COMPLETED WORK. Within one calendar day after termination of this Contract, or at JCMH’s request, Contractor shall deliver to JCMH all completed, or partially completed, work and any and all documentation or other products and results of these services. Failure to timely deliver such work or any and all documentation or other products and results of the services shall be considered a material breach of the Contract.

FEDERAL, STATE, AND LJCMHL REQUIREMENTS. Contractor shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2’s to common-law employees. Contractor is responsible for both federal and State unemployment insurance coverage and standard worker’s compensation insurance coverage. Contractor shall comply with all federal and State tax laws and withholding requirements. The State of Texas shall not be liable to Contractor or its employees for any unemployment or workers’ compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the State of Texas and shall pay all costs, penalties, or losses resulting from Contractor’s omission or breach of this Section.

SEVERABILITY CLAUSE. In the event that any provision of the Contract is later determined to be invalid, void, or unenforceable, then its remaining terms, provisions, covenants, and conditions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

APPLICABLE LAW AND CONFORMING AMENDMENTS. Contractor must comply with all current and amended laws, regulations, requirements and guidelines applicable to a Contractor providing services to the State of Texas throughout the

- 9 -term of the Contract. JCMH reserves the right, in its sole discretion, to unilaterally amend the Contract throughout its term to incorporate any modifications necessary for JCMH’s or Contractor’s compliance with all applicable State and federal laws and regulations.

NO WAIVER. Nothing in the Contract shall be construed as a waiver of the state’s sovereign immunity. The Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under the Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. JCMH does not waive any privileges, rights, defenses, or immunities available to JCMH by entering into the Contract or by its conduct prior to or subsequent to entering into the Contract.

NO LIABILITY UPON TERMINATION. If the Contract is terminated for any reason, JCMH and the State of Texas shall not be liable to Contractor for any damages, claims, losses, or any other amounts arising from or related to any such termination.

However, Contractor may be entitled to the remedies provided in Government Code Chapter 2260.

INDEPENDENT CONTRACTOR. Contractor or Contractor’s employees, representatives, agents and any subcontractors shall serve as an independent contractor in providing services under this Contract. Contractor or Contractor’s employees, representatives, agents and any subcontractors shall not be employees or agents of the State of Texas and shall not be entitled to benefits of state employment such as retirement or leave benefits. Should Contractor subcontract any of the services required in this Contract, JCMH is in no manner liable to any subcontractor(s) of Contractor.

LIMITATION ON AUTHORITY. Contractor shall have no authority to act for or on behalf of JCMH or the State of Texas except as expressly provided for in this Contract; no other authority, power or use is granted or implied. Contractor may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of the State of Texas or JCMH.

INTELLECTUAL PROPERTY CLAIMS. Contractor shall indemnify, save and hold harmless the State of Texas and JCMH from and against claims of patent, trademark, copyright, trade secret or other proprietary rights, violations or infringements arising from the State’s, JCMH’s, or Contractor’s use of any services, software, or other items provided to the State of Texas or JCMH by Contractor or otherwise to which the State of Texas or JCMH has access as a result of Contractor’s performance under this Contract, provided that JCMH shall notify Contractor of any such claim within a reasonable time of receiving notice of any such claim. If Contractor is notified of any claim subject to this section, Contract shall notify JCMH of such claim within five (5) business days of such notice. No settlement of any such claim shall be made by Contractor without JCMH’s prior written approval. Contractor shall reimburse the State of Texas and JCMH for any claims, damages, losses, costs, expenses, judgments or any other amounts, including, but not limited to, attorneys’ fees and court costs, arriving from any such claim. Contract shall pay all reasonable costs of the State’s and JCMH’s counsel and shall also pay costs of multiple counsel, if required to avoid conflicts of interest. Contract represents that it has determined what licenses, patents and permits are required under this Contract and has acquired all such licenses, patents and permits. In the event that Contractor loses the right to allow the state to use any technology under this indemnification, then Contractor shall repay the State all monies paid under this Contract.

SUPPORTING DOCUMENTS. Contractor shall maintain and retain supporting fiscal and any other documents relevant to payments and expenditures under the Contract. Contractor shall maintain all such documents and other records relating to this Contract and the State’s property for a period of four (4) years after the termination date of the Contract or the resolution of all billing questions, whichever is later. Contractor and any Subcontractors shall provide the State Auditor with any information that the State Auditor deems relevant to any investigation or audit. Contractor must retain all work and supporting documents pertaining to the Contract for a period of four (4) years after its end date for purposes of inspecting, monitoring, auditing, or evaluation of JCMH and any authorized agency of the State of Texas, including an investigation by the State Auditor.

ACCESS TO RECORDS. Contractor shall cooperate with any authorized agents of the State of Texas and shall provide them with prompt access to all of such State’s work as requested. Contractor’s failure to comply with this Section shall constitute a material breach of the Contract and shall authorize JCMH and the State of Texas to immediately assess appropriate

- 10 -damages for such failure. The acceptance of funds by Contractor any other entity or person directly under the Contract, or indirectly through a subcontract under the Contract, shall constitute acceptance of the authority of the State Auditor, Comptroller or other agency of the State of Texas to conduct an audit or investigation in connection with those funds.

Contractor shall ensure that this paragraph concerning the State’s authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards.

Furthermore, under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the State Auditor must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit.

FELONY CRIMINAL CONVICTIONS. Contractor shall fully advise JCMH as to the facts and circumstances surrounding conviction of a felony criminal offense of Contractor or any of its employees that are assigned to or associated with this project.

NOTICES. Any written notices required under this Contract will be by either hand delivery or by U.S. Mail, certified, return receipt requested, and is effective on receipt by the affected party. The address for Contractor will be the address on the Offer. The address for JCMH will be that specified in Section III of this RFP. Either party may change its designated notice address by written notification to the other party.

DEBTS OR DELINQUENCIES TO STATE. The Comptroller is prohibited from issuing any payment to a person or entity reported to have an indebtedness or delinquency to the State. To the extent that Contractor owes any debt or delinquent taxes to the State of Texas, any payments or other amounts Contractor is otherwise owed under this Contract shall be applied toward the debt or delinquent taxes until the debt or delinquent taxes is paid in full. Contractor agrees to comply with all applicable laws regarding satisfaction of debts or delinquencies to the State of Texas.

CONTRACTS FOR SERVICES. In accordance with Government Code Section 2155.4441, the Contractor shall purchase products and materials produced in the State of Texas, when available at a price and time comparable to products and materials produced outside the State.

WORK MADE FOR HIRE. “Work” is defined as all examination materials, reports, statistical analyses, work papers, work products, materials, approaches, designs, specifications, systems, documentation, methodologies, concepts, research materials, intellectual property or other property developed, produced, or generated in connection with the Contract. All work performed pursuant to the Contract is made the exclusive property of JCMH. All rights, title and interest in and to said property shall vest in JCMH upon creation and shall be deemed to be a work for hire and made in the course of the services rendered pursuant to the Contract. To the extent that title to any such work may not, by operation of law, vest in JCMH, or such work may not be considered a work made for hire, then all rights, title and interest therein are hereby irrevocably assigned to JCMH. JCMH shall have the right to obtain and to hold in its name any and all patents, copyrights, registrations or such other protection as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor must give JCMH and the State of Texas, and their designees, all assistance required to perfect the rights defined herein without any charge or expense beyond those amounts payable to Contractor for services rendered under the Contract.

TECHNOLOGY ACCESS CLAUSE. In the event that Contractor’s Work includes the provision of an automated information system as defined by Government Code Sections 2157.001(1) and 2157.005, then state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, Contractor shall provide JCMH technology that is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: (1) providing equivalent access for effective use by both visual and nonvisual means; (2) presenting information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; and (3) being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this Section, the phrase "equivalent access" means substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services that would constitute reasonable accommodations under the federal Americans with Disabilities Act or similar state or federal laws. Examples of methods by

- 11 -which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance.

POLICY COMPLIANCE. Contractor’s employees and agents (including subcontractors and their employees and agents) identified by JCMH management as having sufficient presence on JCMH premises shall be required to adhere to applicable JCMH human resources, information services, and finance and operations policies and shall be required to attend one or more policy orientation sessions. Those employees and agents identified as having access to State of Texas information resources and information resources technologies may be subject to periodic criminal history record investigations.

FORCE MAJEURE. Neither Contractor nor JCMH shall be liable to the other for any delay in, or failure of performance, of any requirement included in any PO resulting from this RFP caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay of failure have been removed provided the nonperforming party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right as a defense.

DEFAULT. If Contractor is in default on the Contract, JCMH may cancel the Contract without notice and either re-solicit or award the contract to the next best responsive and responsible Respondent. The defaulting Contractor will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work, unless the specification or scope of work is significantly changed. In the event of abandonment or default, Contractor shall pay damages to JCMH including but not limited to re-procurement costs, and any consequential damages to the State of Texas or JCMH resulting from Contractor’s non-performance.

NO CONFLICTS. Contractor represents and warrants that Contractor has no actual or potential conflicts of interest in providing services to the State of Texas under the Contract and that Contractor’s provision of services under this Contract would not reasonably create an appearance of impropriety.

FALSE STATEMENTS / BREACH OF REPRESENTATIONS. Any false statements by Contractor in the Contract documents or violation by Contractor of any of the representations, warranties, guarantees, certifications or affirmations included in the Contract shall constitute default by Contractor, and JCMH may terminate or void the Contract for cause and pursue other remedies available to JCMH under the Contract or applicable law.

Attachment A– Respondent Questionnaire

NOTE: THIS FORM MUST BE COMPLETED AND RETURNED WITH THE REQUEST FOR PROPOSAL

(RFP). RFP’S THAT DO NOT INCLUDE THIS FORM WILL BE DISQUALIFIED. (Note: This information may be submitted in a form provided by the vendor, but the content must be presented with all information in the same order as shown in this questionnaire.)

THE RFP SHALL BE VOID IF FALSE STATEMENTS ARE CONTAINED IN THIS ATTACHMENT.

A. Respondent’s Contact Person. Respondent must list the name, title, email address, mailing address, phone number and fax number of the individual who will be the contract person for the term of any Contract resulting from this RFP.

Name:

Title:

Mailing Address:

Telephone:

Fax:

Email:

B. References. Respondent must provide a list of at least five (5) creative projects, including project name, building type, location of state agencies, corporations, or other entities for which Respondent has provided the requested services in the RFP during the past five (5) years. Respondent must include dates when requested services were provided, names, telephone numbers and e-mail addresses of state agency’s or firm’s contact person. If none, check None

1. State Agency or Other Entity:

Description of Services Provided:

Date Services Provided:

Name of Contact:

Telephone number of Contact:

E-mail address of Contact:

2. State Agency or Other Entity:

Description of Services Provided:

Date Services Provided:

Name of Contact:

Telephone number of Contact:

E-mail address of Contact:

3. State Agency or Other Entity:

Description of Services Provided:

Date Services Provided:

Name of Contact:

Telephone number of Contact:

E-mail address of Contact:

4. State Agency or Other Entity:

Description of Services Provided:

Date Services Provided:

Name of Contact:

Telephone number of Contact:

E-mail address of Contact:

5. State Agency or Other Entity:

Description of Services Provided:

Date Services Provided:

Name of Contact:

Telephone number of Contact:

E-mail address of Contact:

C. Cancellations or Terminations. Respondent must list all contracts or purchase orders that Respondent executed or accepted within the last five (5) years and which were canceled or terminated prior to completion by any state agency or other entity with which Respondent contracted. For each such contract or contract, Respondent must include a detailed explanation for the cancellation or termination and final resolution of the matter. Include the names and telephone numbers of each such state agency’s or firm’s contact person. If none, check None

State Agency or Other Entity:

Explanation for Cancellation or

Termination:

Final Resolution:

Name of Agency / Other Contact:

Telephone number of Contact:

D. Profile. Respondent must include the following profile that:

(a) Describes the general nature of previous similar work performed by Respondent, particularly work in the last five (5) years:

(b) Describes the size and scope of all operations, including number of Respondent’s employees and years in business:

(c) Describes Respondent’s prior contracting experience with state agencies and similar entities:

(d) List any other information Respondent believes is pertinent to this RFP:

E. Personnel. Respondent must provide in detail the qualifications, education, training, experience and certifications of all Respondent’s employees who will or may provide the items under any Contract resulting from this RFP. Respondent must provide this information for each such employee.

1. Staff Person’s Name:

Qualifications:

Education:

Training:

Experience:

Certifications and Licenses:

2. Staff Person’s Name:

Qualifications:

Education:

Training:

Experience:

Certifications and Licenses:

3. Staff Person’s Name:

Qualifications:

Education:

Training:

Experience:

Certifications and Licenses:

4. Staff Person’s Name:

Qualifications:

Education:

Training:

Experience:

Certifications and Licenses:

4. Staff Person’s Name:

Qualifications:

Education:

Training:

Experience:

Certifications and Licenses:

ATTACHMENT B – EXECUTION OF PROPOSAL

RFP No. 201-002-2026

(It is mandatory to complete, sign, and submit this form with the proposal.)

1. RESPONDENT INFORMATION

Federal Employer ID No.: _____________ Texas Tax ID No.: _____________

Entity Name: ________________________________________________

Street Address: ________________________________________________

City/State/Zip Code: _________________________________________

Telephone No.: _________________ Facsimile No.:_________________

Website URL: ________________________________________________

EXECUTIVE REPRESENTATIVE

Name: _____________________________________________________

Title: _____________________________________________________

Telephone No.: ________________________________________________

Email Address: ________________________________________________

POINT OF CONTACT FOR PROPOSAL

Name: _____________________________________________________

Title: _____________________________________________________

Telephone No.: ________________________________________________

Email Address: ________________________________________________

POINT OF CONTACT FOR RECEIPT OF CONTRACT

Name: _____________________________________________________

Title: _____________________________________________________

Telephone No.: ________________________________________________

Email Address: ________________________________________________

2. TEXAS GOVERNMENT CODE § 669.003

Under the Texas Government Code § 669.003, a state agency may not enter into a contract with a Respondent that employs a former executive head of the state agency unless certain statutory conditions are met. By signing the acknowledgment below, the Respondent certifies that it is in compliance with § 669.003. If §669.003 applies, the Respondent shall complete the following information in order for its Proposal to be evaluated:

Name of Former Executive: _________________________________________

Name of State Agency: _____________________________________________

Date of Separation from State Agency: __________________________________

Date of Employment with Respondent: _________________________________

Section Exception

3. EXCEPTIONS TO TERMS AND CONDITIONS

☐ No exceptions.

☐ Yes, please provide list of exceptions below

4. RESPONDENT ACKNOWLEDGMENT

Respondent hereby acknowledges that it can meet all requirements as stated and also acknowledges the receipt, review, and acceptance of the Request for Offers identified in its proposal. Any exceptions to the statement of work, terms, requirements, and conditions have been explicitly set forth in the Respondent’s proposal. Failure to sign and submit this form with its proposal may disqualify Respondent’s proposal.

5. SIGNATURE

By signing this Execution of Proposal, Respondent certifies that the responses are true and accurate and that if a Texas address is shown as the address of the Respondent, the Respondent qualifies as a Texas Resident Bidder as defined in Texas Government § 2252.001(4).

Signature: ____________________________________________________

Printed Name: _________________________________________________

Date: __________________________