ESBD_474656_1767126822811_HHS0016376 - DFPS CPS Post Adoption Services.pdf

PCS 550 HHS RFP RFP No. HHS0016376 Page 1 of 40 Version 2.30 Revision Date 04/28/2025

Audrey O’Neill, DFPS Commissioner

Request for Proposals (RFP) for

DFPS Child Protective Post Adoption Services

RFP No. HHS0016376

Date of Release: December 30, 2025

Responses Due: See, Section 3.1, Schedule of Events

NIGP Class/Item Codes

952-15 Case Management 952-21 Counseling Services 952-62 Mental Health Services: Vocational, Residential, Etc.

952-67 Parenting Intervention Services

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Contents Article I. introductions, Definitions, and Authority

1.1 Introduction

1.2 Definitions

1.3 Authority

Article II. Scope of Work

2.1 Description of Services

2.2 Contract Award, Term, and Historical Compensation

2.2.1 Contract Award and Execution

2.2.2 Contract Term

2.2.3 Historical Compensation

2.3 Information Security and Cybersecurity Training

2.4 No Guarantee of Volume, Usage, or Compensation

Article III. Administrative Information

3.1 Schedule of Events

3.2 Ambiguity, Conflict, or Discrepancy

3.3 Inquiries

3.3.1 Sole Point of Contact

3.3.2 Prohibited Communication

3.3.3 Exception to Sole Point of Contact

3.3.4 Solicitation Questions

3.4 Pre-proposal Conference and HSP Training

3.4.1 Attendance

3.4.2 Conference Logistical Information

3.5 Solicitation Response Composition

3.5.1 General Information

3.5.2 Page Limit and Supporting Documentation

3.5.3 Discrepancies

3.5.4 Exceptions

3.5.5 Assumptions

3.5.6 Binding Offer

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3.6 Solicitation Response Submission and Delivery

3.6.1 Deadline

3.6.2 Submission Options

3.6.3 Submission Checklist

3.6.4 Labeling and Delivery for USB Submission and Other Materials

3.6.5 Modifications and Withdrawals

Article IV. Solicitation Response Evaluation and Award Process

4.1 Conformance with State Law

4.2 Best Value Determination

4.2.1 Selection Methodology

4.2.2 Minimum Qualifications

4.2.3 Initial Compliance Screening

4.2.4 Written Solicitation Response Evaluation

4.2.5 Written Response Evaluation Criteria

4.2.6 Advancement Criteria

4.2.7 Best and Final Offer (BAFO)

4.2.8 Final Written Response Score

4.2.9 Final Consideration for Award

4.2.10 Summary of Best Value Determination

4.3 Questions or Requests for Clarification

Article V. Narrative Proposal

5.1 Narrative Proposal

5.1.1 Executive Summary

5.1.2 Project Work Plan

5.1.3 Qualifications, Experience and Key Staffing Profile

Article VI. Required Respondent Information

6.1 Company Information

6.1.1 Company Narrative

6.1.2 Company Profile

6.2 Right to Transact Business in Texas

6.3 References

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6.4 Major Subcontractor Information

6.5 Affirmations and Certifications

6.6 Required Financial Information

6.6.1 Dun and Bradstreet Reports

6.6.2 Financial Statements and Financial Solvency

6.6.3 Alternate Report

6.7 Corporate Guarantee

6.8 HUB Subcontracting Plan

Article VII. Cost Proposal

7.1 Cost Proposal

Article VIII. General Terms and Conditions

8.1 General Conditions

8.1.1 Changes, Modifications, and Cancellation

8.1.2 Offer Period

8.1.3 Costs Incurred

8.1.4 Contract Responsibility

8.1.5 Public Information Act - Respondent Requirements Regarding Disclosure

8.1.6 Respondent Waiver – Intellectual Property

8.1.7 Standards of Conduct for Vendors

8.1.8 Disclosure of Interested Parties

8.2 Insurance

8.2.1 Required Coverage

8.2.2 Alternative Insurability

8.3 Protest

Article IX. List of Exhibits

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ARTICLE I. INTRODUCTIONS, DEFINITIONS, AND AUTHORITY

1.1 INTRODUCTION

The Texas Department of Family and Protective Services (DFPS) is seeking to procure services that will assist the agency in its efforts to provide support for children and youth formerly in Child Protective Services (CPS) conservatorship who have been legally adopted, and their families, in a manner that preserves the family unit by providing quality services that meet the family needs.

HHSC PCS will administer the procurement process for this Solicitation, which includes RFP publication, handling of communications from vendors, as well as managing the receipt of Solicitation Responses for review and evaluation.

To be considered for award, a Respondent must execute Exhibit A, HHS Solicitation Affirmations Version 2.9 and provide all other required information and documentation as set forth in this Solicitation.

Information regarding DFPS and its programs is available online and can currently be accessed at Texas Department of Family and Protective Services (DFPS).

1.2 DEFINITIONS

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below:

“Addendum” means a written clarification or revision to this Solicitation issued by HHSC PCS and posted to the ESBD.

“Advancement Criteria” means the published criteria for Respondent to advance to the next phase of evaluation if multiple evaluation methods are utilized.

“Amendment” means a formal revision or addition to a Proposal or resulting Contract.

“Award Consideration (AC) Documents” means documents Respondent must submit as part of the Solicitation Response to be considered for negotiations or award.

“Best Value” means the optimum combination of economy and quality that is the result of fair, efficient, and practical procurement decision-making and achieves procurement objectives as defined by Texas Government Code Section 2155.144(d).

“Business Day” means any day other than a Saturday, Sunday, or day in which Texas state offices are authorized or obligated by law or executive order to be closed.

https://www.dfps.texas.gov/ https://statutes.capitol.texas.gov/docs/gv/htm/gv.2155.htm

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“Casework” or “Case Management” means planning and coordination of Post Adoption Services to an adopted child and an adoptive family based on the child's and the family's current needs and functioning; the services that the child and family have received in the past; and the resources available to them now. See generally, Texas Administrative Code, Title 40, Part 19, Chapter 700, Subchapter Q, Division 2, Rule §700.1728..

“Client Records” means information pertaining to a post permanency client, recorded or delivered in any medium, that is not available through public records or casual observation, including, but not limited to, the following: name and address; age; social security number; educational records;

medical records; financial records; case information; and school attendance information.

“Complaint” means a concern reported to or made known to DFPS or the Contractor regarding professionalism, quality of work, or actions regarding a client’s safety or well-being.

“Confidential Information” means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) that consists of: confidential Client information, including Protected Health Information; all non-public budget, expense, payment and other financial information; All privileged work product; all information designated by HHSC or any other State agency as confidential, including all information designated as confidential under the Texas Public Information Act, Texas Government Code, Chapter 552; unless publicly disclosed by HHSC or the State, the pricing, payments, and terms and conditions of the Agreement;

information that is utilized developed, received, or maintained by HHSC, the Contractor, or participating State agencies for the purpose of fulfilling a duty or obligation under this Agreement and that has not been publicity disclosed; and any other information deemed confidential under state or federal confidentiality laws.

“Continuity of Services” means the term continuity is used to refer to the client record or information as it applies to Post Permanency providers working with PMC caregivers and children who exited to PMC through DFPS.

“Competitive Range” has the same meaning as the definition under Title 1 of the Texas Administrative Code Part 15, Chapter 391, Subchapter A, Rule §391.107(3).

“Contract” means a promise or a set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. It is an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. The term also encompasses the written document that describes the terms of the agreement. For state contracting purposes, it generally describes the terms of a purchase of goods or services from a service provider.

“Contractor” means the party selected to provide the goods or services to the State under this Contract.

https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=10%2F01%2F2025&recordId=182455 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=10%2F01%2F2025&recordId=182455 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=04%2F14%2F2025&recordId=208793 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=04%2F14%2F2025&recordId=208793

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“Contract Term” means the period of time beginning with the commencement date or Effective Date of a Contract and ending when the Contract expires in accordance with its terms, or when it has been terminated. The Contract Term includes renewal options if they have actually been exercised.

“CPI” means Child Protective Investigations, a division of DFPS.

“CPS” means Child Protective Services, a division of DFPS.

“Crisis” means an emotionally significant event or radical change of status in a person's life. A Crisis includes an unstable or crucial time or state of affairs in which a decisive change is impending; especially, one with the distinct possibility of a highly undesirable Outcome.

“Cultural Competence” means the ability of individuals and systems to provide services to people of various cultures, races, ethnic backgrounds, and religions. The ability of individuals and systems to provide all services in the client's primary language, or the language in which the child and family are most comfortable speaking, either directly or through a translator. The ability of individuals and systems to take into consideration the intellectual functioning, literacy, level of education, and comprehension ability of each individual in order to ensure that all information is presented in a way that meets the specific needs of each child and family.

“Deliverable” means a unit or increment of work required by the Contract, including such items as services, reports, or documents.

“DFPS” means the Department of Family and Protective Services.

“Disability” means an individual who has a physical or mental impairment that substantially limits one or more of the individual’s major life activities; has a record of such impairment; or is regarded as having such impairment.

“ESBD” means the Electronic State Business Daily, the electronic marketplace where State of Texas bid opportunities over $25,000 are posted. The ESBD may currently be accessed at https://www.txsmartbuy.gov/esbd.

“Effective Date” means the date of complete execution of the Contract or the date upon which the parties agree the Contract will take effect.

“Family Centered Services” means a service delivery method that recognizes the family and its needs as the focus of planning and service delivery; promotion of collaboration between parents and professionals; recognition of individual and family strengths; respect for the diversity of families, and promotion of choices for families.

“Final Written Response Score” refers to the final scoring of the written response as documented in the Solicitation.

https://www.txsmartbuy.gov/esbd

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“Form 2054” is a Child Protective Services Service Authorization Form.

“HHSC” means the Health and Human Services Commission.

“HHSC PCS” means Procurement and Contracting Services (PCS), a division of HHSC.

“HUB” means Historically Underutilized Business, as defined by Section 2161.001(2) of the Texas Government Code.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required by Section 2161.252 of the Texas Government Code, for a purchase with an expected value of $100,000 or more when the state agency has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the Contract and Contractor’s compliance with the HSP will be monitored during the Contract Term.

“IMPACT” or “Information Management Protecting Adults and Children in Texas” is the Case Management system DFPS programs use to record case information about the children and adults the agency protects.

“In-Person Contact” means being in the physical presence of the client(s).

“Individual Competence” means the knowledge, skill or attribute one has relative to cultures other than their own that is observable in the consistent patterns of an individual’s behavior, interaction and work-related activities over time, which contributes to the ability to effectively and equitably meet the needs of families receiving services.

“Invoice” means a Contractor’s bill or written request for payment under the Contract for services performed.

“Joint Managing Conservatorship” or “JMC” means a legal status where two or more parties share the parenting rights and duties related to a child.

“Medicaid” means the medical assistance entitlement program authorized and funded pursuant to Title XIX, Social Security Act (42 U.S.C. § 1396 et seq.) and administered by HHSC.

“Outcome” means a measure that demonstrates the effect a service has on clients, typically related to improvements in the lives of clients regarding safety, permanency, and well-being or support for CPS staff in meeting these goals.

“Performance Measure” means a client Outcome, a system improvement, or an administrative measure used to assess the performance of the Contractor.

“Performance Period” means the period of time during which performance will be measured.

“Personnel” means any person providing any service under the Contract, including but not limited to employees, volunteers, and Subcontractors.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm#2161.001 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm#2161.001 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm#2161.252

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“Solicitation Response” means an executed offer submitted by a Respondent in response to an RFP and intended to be used as a basis to negotiate a Contract.

“Provider” means any individual providing services to an adoptive child or family under a Contract award as a result of this RFP, or under a Subcontract awarded by the selected Contractor.

“Residential Treatment Center (RTC)” means a general residential operation that provides treatment services to children with emotional disorders.

“Respondent” means the individual or entity responding to this Solicitation.

“Service Area” means all Texas counties within the DFPS region which is to be served.

“Service Level” is a system that identifies and rates a child’s needs with a goal of matching the child to appropriate services.

“Solicitation” means this RFP including all exhibits, attachments, forms, and Addenda, if any.

“Solicitation Consideration (SC) Documents” means documents that must be submitted by Respondent with the Solicitation Response in order to be considered for evaluation and cannot be resubmitted or have errors remedied after the submission due date and time in the Schedule of Events has passed.

“Special Needs (Children with Special Needs)” means a child under the age of 18 years who requires a level of care over and above the norm for his or her age due to a physical, developmental, behavioral, mental or medical Disability.

“State” means the State of Texas and its instrumentalities, including HHSC or DFPS, and any other state agency, its officers, employees, or authorized agents.

“Subcontract” means a written agreement between the original Contractor and a third party to provide all or a specified part of the goods, services, work, and materials required in the original contract.

“Subcontractor” means any individual or entity that has entered into a Subcontract with a Contractor.

“Target” means the required level of performance for a Performance Measure.

“Turnover” means those activities that are required for the Contractor to perform in order to transition Contract operations to a subsequent contractor or DFPS.

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“VPTS” means Vendor Performance Tracking System maintained by the Texas Comptroller of Public Accounts. The VPTS may be currently accessed at https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/.

1.3 AUTHORITY

HHSC or DFPS is soliciting the services stated in this Solicitation under the authority of Texas Government Code Section 2155.144(a), (b), (b-1)(2) and Section 40.058 of the Texas Human Resources Code.

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.144 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.144 https://statutes.capitol.texas.gov/Docs/HR/htm/HR.40.htm https://statutes.capitol.texas.gov/Docs/HR/htm/HR.40.htm

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ARTICLE II. SCOPE OF WORK

2.1 DESCRIPTION OF SERVICES

Refer to Exhibit D, Scope of Work (SOW).

2.2 CONTRACT AWARD, TERM, AND HISTORICAL COMPENSATION

2.2.1 Contract Award and Execution

DFPS intends to award one (1) Contract per DFPS administrative region but reserves the right to make additional awards to meet the service needs as described in this Solicitation. Any award is contingent upon approval of the HHSC or DFPS executive commissioner or their designee.

If, for any reason, a final Contract cannot be executed with a Respondent selected for award within thirty (30) days of HHSC or DFPS’s determination to seek to contract with that Respondent, HHSC or DFPS may negotiate a Contract with the next highest-scoring Respondent or may withdraw, modify, or partially award this Solicitation.

2.2.2 Contract Term

The initial term of any Contract resulting from this Solicitation will be four (4) years. DFPS, at its sole option, may extend any Contract awarded pursuant to this Solicitation for up to one (1) additional year.

Following the base term and any allowable renewals or extensions, DFPS may extend any resulting Contract for not more than one (1) additional option period to address immediate operational or service delivery needs. If the resulting Contract does not include a defined option period, the extension is limited to one (1) year.

2.2.3 Historical Compensation

Historical compensation under Contracts with similar scope and size to this Solicitation has been approximately $5,946,840.00 per fiscal year. Notwithstanding Section 2.2.3 (Historical Compensation), DFPS reserves the right to adjust any projected amount based on State funding during the term of a resulting Contract.

A. Funding for RTC Services

In addition to the available funds described in this section, DFPS anticipates the possibility of receiving up to $1.2 million in additional funds during the 86th Texas Legislative Session for each fiscal year of the FY 26-27 Biennium. Payment for services will be on a cost reimbursement basis

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Revision Date 04/28/2025 only by submitting an Invoice. For additional information concerning Invoices, please visit this link. DFPS - Regional CPS Contracting Forms.

DFPS will update this Solicitation as information about the FY 26-27 Biennium becomes available. In the event that updated information regarding appropriations is unavailable before the submission deadline, Contractor must develop their Proposals with the understanding that these funds may or may not be available. Reference Section 2.2.3, (Historical Compensation), and Table 1.

B. Availability of Funds

1. Any Contract resulting from this RFP is contingent upon the continued availability of lawful appropriations by the Texas Legislature as well as budgetary and resource constraints. At the issuance of this RFP, DFPS anticipates that budgeted funds will be available to reasonably fulfill the service requirements. If, however, funds are not available, DFPS reserves the right to withdraw the RFP or terminate the resulting contract without liquidated damages (see, Exhibit B, Texas Department of Family and Protective Services Vendor Uniform Terms and Conditions, Section I (A), Funding Availability).

2. DFPS anticipates that maximum reimbursable amount for a full fiscal year available statewide, for contracts resulting from this RFP, is $5,946,840.

3. Regional Funding. DFPS utilizes a funding formula for Post Adoption Services that consists of a fixed base and proportional workload adjustments. The projected funding allocation by Region for the full Fiscal Year is as follows:

Table 1

Region Fiscal Year Allocation

1 400,000

2 278,000

3 1,189,140

4 360,000

5 240,000 6 999,211

7 800,000

8 1,010,289

9 243,000

10 177,000

11 250,200 https://www.dfps.texas.gov/Doing_Business/Purchased_Client_Services/Regional_CPS_Contracts/forms.asp#Post-Adoption_Services

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Total 3,944,176

4. DFPS does not guarantee funding at any level and may increase or decrease funds at any time during the term of a Contract resulting from this procurement. Furthermore, DFPS reserves the right to change the amounts as well as the method of determining allocation, or total contract amount.

5. Contractor may not use funds received from DFPS to replace any other federal, state, or local source of funds awarded under any other Contract. Additionally, Contractors may not use DFPS funds as match (in-kind or cash match) for any other funding opportunity (grant application) in which the Contractor may be participating.

6. A child or family referred to the Contractor by DFPS cannot be denied or experience a delay in services based on a failure to pay fees or contribute to the cost of any service.

2.3 INFORMATION SECURITY AND CYBERSECURITY TRAINING

By entering into a Contract with DFPS as a result of this Solicitation, Respondent agrees to be bound by the terms of the Information Security and Cybersecurity Training Requirements located in Exhibit B, Texas Department of Family and Protective Services Vendor Uniform Terms and Conditions, Section VII (M).

2.4 NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

HHSC or DFPS makes no guarantee of volume, usage, or total compensation to be paid to any Respondent under any awarded Contract, if any, resulting from this Solicitation. Any awarded Contract is subject to appropriations and the continuing availability of funds.

HHSC or DFPS reserves the right to cancel, make partial award, or decline to award a Contract under this Solicitation at any time at its sole discretion.

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ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Solicitation Posting Date to ESBD DECEMBER 30, 2025

Pre-proposal Conference and HSP Training Attendance is Optional

JANUARY 6, 2026, at 1:00 PM Central Time

Deadline for Submitting Questions or Requests for Clarification

JANUARY 8, 2026, at 10:30 AM Central Time

Tentative Date Responses to Questions or Requests for Clarification Posted on ESBD

JANUARY 15, 2026, at 5:00 PM Central Time

Deadline for courtesy HSP review, if applicable JANUARY 16, 2026, at 5:00 PM Central Time

Deadline for Submission of Solicitation Responses [NOTE: Responses must be RECEIVED by HHSC by the deadline.]

JANUARY 29, 2026, at 10:30 AM Central Time

Evaluation Period FEBRUARY 2026

Anticipated Notice of Award APRIL 2026

Anticipated Contract Start Date SEPTEMBER 2026

Respondents must submit their Solicitation Responses to HHSC in accordance with the due date and time indicated in this Schedule of Events or as changed via an Addendum posted to the ESBD.

NOTE: All dates are tentative and HHSC reserves the right to modify these dates at any time. At the sole discretion of HHSC, events listed in the Schedule of Events are subject to scheduling changes and cancellation. Scheduling changes or cancellation determinations made prior to the deadline for submission will be published by posting an Addendum to the ESBD. After the deadline for submission, if there are delays that significantly impact the anticipated award date, HHSC, at its sole discretion, may post updates regarding the anticipated award date to the Procurement Forecast on the HHS Procurement Opportunities web page. Each Respondent is responsible for checking the ESBD and Procurement Forecast for updates.

https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities

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By submitting a Solicitation Response, Respondent represents and warrants that any individual submitting the Solicitation Response and any related documents on behalf of the Respondent is authorized to do so and to bind the Respondent under any Contract that may result from this Solicitation.

3.2 AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the Sole Point of Contact (Section 3.3.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation in the manner and by the deadline described in Section 3.3.4 (Solicitation Questions).

Respondent submits a Solicitation Response at its own risk.

If Respondent fails to properly and timely notify the Sole Point of Contact (Section 3.3.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation, Respondent, whether awarded a Contract or not:

a. Waives any claim of error or ambiguity in the Solicitation and any resulting Contract;

b. Must not contest the interpretation by HHSC or DFPS of such provision(s); and

c. Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

3.3 INQUIRIES

3.3.1 Sole Point of Contact

All requests, questions, or other communication about this Solicitation shall be made in writing to HHSC PCS, addressed to the person listed below (Sole Point of Contact). Additionally, a phone number is provided for purposes such as instructing a potential Respondent through an IT system or website referenced in this Solicitation. Communications via telephone are not binding.

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. Respondents seeking to contact the Sole Point of Contact should do so via e-mail in order to receive updated contact information.

Name Rene Perez, CTCD, CTCM

Title Contract Specialist

Address Procurement and Contracting Services Building

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1100 W 49th St. MC: 2020 Austin, TX 78756

Phone 512-406-2634

Email Rene.perez03@hhs.texas.gov

See also, Section 3.3.3 (Exception to Sole Point of Contact) below.

3.3.2 Prohibited Communication

Except as provided in Section 3.3.1 (Sole Point of Contact) and Section 3.3.3 (Exception to Sole Point of Contact), potential Respondents and Respondents are prohibited from any communication with HHSC regarding the Solicitation. HHSC or DFPS, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through HHSC or DFPS designated staff as provided by Section 3.3 (Inquiries). This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation. Failure to comply with these restrictions may result in disqualification of Respondent's Solicitation Response.

3.3.3 Exception to Sole Point of Contact

Exceptions to Section 3.3.1 (Sole Point of Contact) are as follows:

a. Respondents with questions relating to the HUB Subcontracting Plan are permitted to direct those questions to the HUB coordinator at DFPSHUB@dfps.texas.gov.

b. Where it is expressly directed by the Sole Point of Contact that another designated HHSC representative may speak to the Respondent, such as during Contract negotiations.

Respondents are required to ensure that communications have been authorized by the Sole Point of Contact before engaging in such communication. Failure to comply with this requirement may result in the disqualification of a Respondent’s Solicitation Response.

3.3.4 Solicitation Questions

HHSC or DFPS will allow written questions and requests for clarification regarding this Solicitation. Questions must be submitted by e-mail to the Sole Point of Contact (Section 3.3.1) by the deadline established in Section 3.1 (Schedule of Events). Responses to questions or other written requests for clarification will be consolidated and posted to the ESBD and will not be provided individually to requestors.

mailto:Rene.perez03@hhs.texas.gov mailto:DFPSHUB@dfps.texas.gov

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HHSC or DFPS reserves the right to amend answers previously posted, prior to the Solicitation response deadline Section 3.1 (Schedule of Events). Amended answers will be posted on the ESBD. It is the Respondent's responsibility to check the ESBD. HHSC or DFPS also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

a. All questions and requests for clarification must include the following information:

1. Solicitation number;

2. Solicitation package reference (page number, section, and exhibit or attachment, if applicable;

3. Question topic (e.g., “Schedule of Events,” or “Exhibit I, Cost Proposal”); and

4. Question for HHSC or DFPS.

b. Requestor contact information below must be included in the body of the e-mail and submitted with the question(s):

1. Company name;

2. Company representative name;

3. Phone number; and

4. E-Mail address.

Questions or requests for clarification received after the deadline in Section 3.1 (Schedule of Events), may be reviewed by HHSC or DFPS but may not be answered. Only answers to questions submitted to the Sole Point of Contact in writing, in accordance with this section, are binding.

3.4 PRE-PROPOSAL CONFERENCE AND HSP TRAINING

3.4.1 Attendance

HHSC PCS will conduct a pre-proposal conference and HSP training. Attendance is optional but highly recommended.

3.4.2 Conference Logistical Information

HHSC PCS will hold the pre-proposal webinar on the date and time set out in Section 3.1 (Schedule of Events).

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact identified in Section 3.3.1 (Sole Point of Contact), at least seventy-two (72) hours before the meeting in order to have reasonable accommodations made by HHSC.

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Webinar Information:

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3.5 SOLICITATION RESPONSE COMPOSITION

3.5.1 General Information

Failure to submit all required Solicitation Response documents in the required format(s) may result in disqualification of the Solicitation Response without further consideration Section 3.6.3 (Submission Checklist). Respondent shall prepare a Solicitation Response that clearly and concisely represents its qualifications and capabilities. Expensive bindings, colored displays, promotional materials, etc. are not necessary or desired. Respondent should focus on the instructions and requirements of the Solicitation.

3.5.2 Page Limit and Supporting Documentation

The narrative proposal must not exceed 40 pages and should be formatted for 8 ½" x 11" paper with 1-inch margins and typed in Times New Roman, 12-point font. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the Solicitation Response, with specific reference made to the file, page, section, and/or paragraph where the supporting information can be found.

3.5.3 Discrepancies

In the event of any discrepancies or variations between copies, HHSC or DFPS is under no obligation to resolve the inconsistencies and may make its scoring and selection decisions, accordingly, including the decision to potentially disqualify a Solicitation Response. If Respondent is required to designate an “Original” Solicitation Response but fails to do so, HHSC or DFPS, in its sole discretion, will determine the version to be used as the original or may disqualify the Solicitation Response. If the Respondent submits a redacted Solicitation Response as the “Original,” HHSC or DFPS will disqualify the Solicitation Response and it will not be evaluated.

HHSC or DFPS will not accept submissions after the “Deadline for Submission of Solicitation Responses” in Section 3.1 (Schedule of Events) to remedy discrepancies or variations in Solicitation Response submissions.

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Revision Date 04/28/2025

3.5.4 Exceptions

Respondents are highly encouraged, in lieu of including exceptions in their Solicitation Responses, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 3.3.4 (Solicitation Questions).

Any exception included in a Solicitation Response may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its Solicitation Response, Respondent is required to use the Exceptions included as Exhibit E to this Solicitation and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Exhibit E may be rejected without consideration.

No exception, nor any other term, condition, or provision in a Solicitation Response that differs, varies from, or contradicts this Solicitation will be considered to be part of any Contract resulting from this Solicitation unless expressly made a part of the Contract in writing by HHSC or DFPS.

3.5.5 Assumptions

Respondent must identify on Exhibit F, Assumptions any business, economic, legal, programmatic, or practical assumptions that underlie the Respondent’s response to the Solicitation.

HHSC or DFPS reserves the right to accept or reject any assumptions. All assumptions not expressly identified and incorporated into any Contract resulting from this RFP are deemed rejected by HHSC or DFPS.

3.5.6 Binding Offer

A Solicitation Response should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated.

Furthermore, all Solicitation Responses constitute binding offers. Any Solicitation Response that includes any type of disclaimer or other statement indicating that the response does not constitute a binding offer may be disqualified.

If a Respondent’s ability to enter into a Contract is contingent upon any exception or assumption provided in accordance with Section 3.5.4 (Exceptions) or Section 3.5.5 (Assumptions), the Respondent may be disqualified from further consideration for Contract award.

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3.6 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.6.1 Deadline

Solicitation Responses must be received at the address in Section 3.6.4 (Labeling and Delivery for USB Submission and Other Materials) and time-stamped by HHSC PCS no later than the date and time specified in Section 3.1 (Schedule of Events).

Solicitation Responses received after the deadline specified in Section 3.1 (Schedule of Events) will be rejected and not considered for Contract award.

3.6.2 Submission Options

a. Submission Option #1: Respondent shall submit two USB drives—one (1) labeled “Original Proposal” and one (1) labeled “Copy”—containing the following documents:

1. Each USB must contain one file named “Original” that contains the Respondent’s entire Solicitation Response (except the cost proposal and HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

2. If applicable in accordance with Section 8.1.5 (Public Information Act – Respondent Requirement Regarding Disclosure), each USB must contain one file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable PDF.

3. In accordance with Section 7.1 (Cost Proposal), each USB must contain one file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

4. In accordance with Section 6.8 (HUB Subcontracting Plan), each USB must contain one file named “HUB Subcontracting Plan” in searchable PDF, that contains the Respondent’s HUB Subcontracting Plan and all supporting documentation.

b. Submission Option #2: Respondent shall submit the following through the Online Bid Room utilizing the procedures in Exhibit J, HHS Online Bid Room:

1. One file named “Original” that contains the Respondent’s entire Solicitation Response (except the cost proposal and HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

2. If applicable in accordance with Section 8.1.5 (Public Information Act – Respondent Requirements Regarding Disclosure), one file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable PDF.

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3. In accordance with Section 7.1 (Cost Proposal), must contain one file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

4. In accordance with Section 6.8 (HUB Subcontracting Plan), must contain one file named “HUB Subcontracting Plan” in searchable PDF, that contains the Respondent’s HUB Subcontracting Plan and all supporting documentation.

3.6.3 Submission Checklist

Solicitation Consideration and Award Consideration Documents, reference Section 1.2 (Definitions) must be submitted by the deadline for Solicitation Response submissions, reference Section 3.1 (Schedule of Events). Solicitation Consideration Documents will be reviewed as received, and Respondent will not have an opportunity to remedy missed requirements. At its sole discretion, HHSC may request some or all of the Respondents to remedy missing elements of Award Consideration Documents. Those marked “SC” are Solicitation Consideration Documents and those marked “AC” are Award Consideration Documents.

The Solicitation Response must be submitted using one of the approved methods identified in Section 3.6 (Solicitation Response Submission and Delivery). Below are the documents required to be submitted with the Solicitation Response. Where searchable PDF files are required, submission of non-searchable (image only) PDF files may result in disqualification from further consideration for Contract award.

A. Solicitation Response and Respondent Information

1. Narrative Proposal and Project Work Plan (Section 5.1and Exhibit L)

SC ____

2. Company Information (Section 6.1) SC ____

3. Right to Transact Business in Texas (Section 6.2) AC ____

4. References (Section 6.3) AC ____

5. Major Subcontractor Information (Section 6.4) SC ____

6. HHS Solicitation Affirmations (Section 6.5, Exhibit A)

SC

7. Exceptions (if applicable) (Section 3.5.4, Exhibit E)

AC ____

8. Assumptions (if applicable) (Section 3.5.5, Exhibit F)

AC ____

9. Dun and Bradstreet Report (Section 6.6.1) AC ____

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10. Financial Statements and Financial Solvency

(Section 6.6.2) AC ____

11. Federal Assurances Non-Construction Programs

(Section 6.5, Exhibit M)

AC

13. Federal Lobbying Certification (Section 6.5, Exhibit N)

AC

B. Cost Proposal (Article VII and Exhibit I)

SC ____

C. HUB Subcontracting Plan (Section 6.8 and Exhibit G)

SC ____

3.6.4 Labeling and Delivery for USB Submission and Other Materials

Respondent must deliver Solicitation Responses submitted via USB by one of the methods below.

Overnight/Express/Priority Mail Hand Delivery

Health and Human Services Commission

ATTN: Response Coordinator

Tower Building Room 108 1100 W. 49th St., MC 2020

Austin, Texas 78756

Health and Human Services Commission

ATTN: Response Coordinator Procurement & Contracting

Services Building 1100 W. 49th St., MC 2020

Austin, Texas 78756

BE ADVISED, all Solicitation Responses become the property of HHSC after submission and will not be returned to the Respondent. It is the Respondent’s responsibility to appropriately mark and deliver the Solicitation Response to HHSC PCS by the specified date. A dated shipping label, invoice of receipt from USPS or commercial carrier, or any other documentation in lieu of the on-site time stamp WILL NOT be accepted.

Each Respondent is solely responsible for ensuring its Solicitation Response is submitted in accordance with all Solicitation requirements, including, but not limited to, proper labeling of packages, sufficient postage or delivery fees, and ensuring timely receipt by HHSC. In no event will HHSC or DFPS be responsible or liable for any delay or error in delivery. Solicitation Response must be RECEIVED by HHSC PCS by the Solicitation Response Deadline identified in Section 3.1 (Schedule of Events).

Solicitation Responses submitted via USB by mail or hand delivery shall be placed in a sealed package. The sealed package and the USB drives shall be clearly labeled on the outside as follows:

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SOLICITATION NO: HHS0016376

SOLICITATION NAME DFPS Child Protective Post Adoption Services

SOLICITATION RESPONSE DEADLINE See Section 3.1, Schedule of Events

PURCHASER NAME: Rene Perez, CTCD, CTCM

RESPONDENT NAME: [Respondent Name]

It is Respondent’s sole responsibility to ensure that packaging is sufficient to prevent damage to contents. HHSC or DFPS will not be responsible or liable for any damage, and damaged Solicitation Responses will not be considered at HHSC or DFPS’ sole discretion.

HHSC or DFPS will not be held responsible for any Solicitation Response that is mishandled prior to receipt by HHSC PCS. It is the Respondent’s sole responsibility to mark appropriately and deliver the Solicitation Response to HHSC PCS by the specified date and time. HHSC or DFPS will not be responsible for late delivery, inappropriately identified documents, or other submission errors that may lead to disqualification or nonreceipt of the Respondent’s Solicitation Response.

3.6.5 Modifications and Withdrawals

Prior to the Solicitation Response submission deadline in Section 3.1 (Schedule of Events), Respondent may: (1) withdraw its Solicitation Response by submitting a written request to the Sole Point of Contact identified in Section 3.3.1 (Sole Point of Contact); or (2) modify its Solicitation Response by submitting a written amendment to the Sole Point of Contact identified in Section 3.3.1 (Sole Point of Contact). When modifying its Solicitation Response, Respondent must include in writing the section(s) of its submission that will be replaced or removed by the amendment.

ARTICLE IV. SOLICITATION RESPONSE EVALUATION AND AWARD

PROCESS

4.1 CONFORMANCE WITH STATE LAW

Solicitation Responses shall be evaluated in accordance with Texas Government Code Section 2155.144(d). HHSC or DFPS will not be obligated to select the lowest priced Solicitation Response but will make an award to the Respondent that provides the Best Value to the State of Texas.

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4.2 BEST VALUE DETERMINATION

4.2.1 Selection Methodology

Solicitation Responses that meet the minimum qualifications will be submitted to the evaluation team for review and scoring. Each member of the evaluation team will receive a copy of each responsive Solicitation Response. The evaluators will review the Solicitation Responses considering the criteria listed in Section 4.2.5 (Written Response Evaluation Criteria).

Evaluators will individually score the Solicitation Responses. This procurement will utilize an aggregated individual evaluation methodology as outlined by this section.

The following subsections describe the evaluation process, including any criteria for advancement to the various phases of evaluation, if applicable.

4.2.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below.

a. Respondents must have recently been in business for a minimum of one (1) year, or the principals/owners must have had recent ownership/executive management experience in a previous company that provided services similar to those described in this RFP and SOW.

b. Respondents shall have demonstrated experience in Post Adoption Services as described in this RFP.

c. Respondents must be financially solvent and adequately capitalized, as determined based on a review of documentation required by Section 6.6 (Required Financial Information); and

d. Respondents have submitted the Solicitation Response in accordance with Section 3.6 (Solicitation Response Submission and Delivery) including all Solicitation Consideration and Award Consideration Documents, see Section 3.6.3 (Submission Checklist).

4.2.3 Initial Compliance Screening

HHSC or DFPS will review Solicitation Responses for compliance with Section 3.6.3 (Submission Checklist) and for demonstrated ability to meet Section 4.2.2 (Minimum Qualifications) required to advance to evaluations. Failure to meet Section 4.2.2 (Minimum Qualifications), will result in the disqualification of the Solicitation Response.

HHSC will automatically disqualify any Solicitation Response that does not include one or more of the completed and signed (as applicable) Solicitation Consideration Documents listed in Section

3.6.3 (Submission Checklist).

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At its sole discretion, HHSC may disqualify any Solicitation Response that does not include all required Award Consideration Documents. Reference Section 3.6.3 (Submission Checklist).

HHSC or DFPS may contact references provided in response to this Solicitation. HHSC or DFPS may contact Respondent’s clients, or solicit information from any available source, including the Comptroller’s VPTS. Any information received may be grounds for disqualification if that information, in HHSC’s or DFPS’s sole discretion, suggests that the Respondent may perform poorly if selected.

4.2.4 Written Solicitation Response Evaluation

Each member of the evaluation team will read the Solicitation Responses in preparation for evaluation. The evaluation team will score all Solicitation Responses that pass initial screening Section 4.2.3 (Initial Compliance Screening). Solicitation Responses will be scored against the criteria in Section 4.2.5 (Written Response Evaluation Criteria).

Solicitation Responses will be evaluated utilizing aggregated individual scoring and any other methods outlined in Article IV, Solicitation Response Evaluation and Award Process. The individual evaluators’ scores will be aggregated and weighted, resulting in the Final Written Response Scores, unless BAFOs are conducted.

4.2.5 Written Response Evaluation Criteria

Solicitation Responses shall be consistently evaluated and scored in accordance with the following criteria. See also, Exhibit H, Evaluation Tool.

A. Qualifications and Experience (30%) B. Project Work Plan (50%) C. Cost Proposal (20%)

4.2.6 Advancement Criteria

The Competitive Range will consist of the Solicitation Responses that receive the highest scores or most satisfactory ratings, based on the published evaluation criteria and procedures governing this procurement. Cutoff for the Competitive Range will be based on the “natural break” in scores and on reasoned judgment that Solicitation Responses below the cutoff cannot be made successful through clarification and negotiation. By way of example, in a scenario where initial evaluation scores are 97, 93, 82, 81, 79 and 68, the Competitive Range may include only the top two Respondents. HHSC is not obligated to enforce a natural break in scores and reserves the right to advance as many or as few Proposals as qualified under this criteria.

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4.2.7 Best and Final Offer (BAFO)

HHSC or DFPS may, at its sole discretion, following the execution of Section 4.2.1 (Selection Methodology) request BAFOs from all Respondents or, if applicable, only those…