ESBD_512936_1778013597396_RFP 6-811-001 Third-Party Medicaid Billing_SOLICITATION Submission_5.5.26.pdf

RFP 6-811-001

Texas School for the Deaf

Purchasing Department – Pease Bldg.

1102 S. Congress Avenue

Austin, TX 78704

REQUEST FOR PROPOSALS

RFP No. 6-811-001

Third Party Medicaid Billing Services

NIGP Class/Item(s): 946-10

RFP Issue Date: May 5, 2026 Questions Due: May 13, 2026; 3:00PM CT Agency Written Answers Provided: May 20, 2026; 3:00PM CT Proposal Due Date: May 26, 2026; 3:00PM CT Anticipated Commencement Date July 1, 2026

Purchaser: David Rivera, Purchasing Manager, CTCD,CTCM purchasing@tsd.texas.gov

Table of Contents

SECTION I – GENERAL INFORMATION AND SCOPE OF WORK

1. INTRODUCTION

2. SOLICITATION METHOD AND INTENT

3. CONTRACT TERM

4. QUANTITIES

5. QUALIFICATIONS AND EXPERIENCE

6. SCOPE OF WORK

7. CONTRACTOR REQUIREMENTS

8. TSD RESPONSIBILITIES

9. ADDING NEW SERVICES TO CONTRACT AFTER AWARD

10. PRICE ADJUSTMENTS

11. HUB SUBCONTRACTING

12. CONTRACT ADMINISTRATION

13. INVOICING AND PAYMENT

14. PRE-SERVICE/PRE-EMPLOYMENT AFFIDAVIT

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

2. INQUIRIES

3. PROPOSAL CONTENT

4. PROPOSAL SUBMISSION

5. DELIVERY OF PROPOSALS

6. EVALUATION AND AWARD

SECTION III – STANDARD TERMS AND CONDITIONS

EXHIBIT A – Execution of Proposal

EXHIBIT B – Price Sheet

EXHIBIT C – Company Profile

EXHIBIT D – Key Personnel

EXHIBIT E – Past Projects with Corresponding References

EXHIBIT F – Response Submission Checklist

SECTION I – GENERAL INFORMATION AND SCOPE OF WORK

1. INTRODUCTION

1.1. Texas School for the Deaf (TSD), is seeking a third-party Medicaid billing provider to provide Medicaid Administrative Claiming (MAC) and School Health and Related Services (SHARS) services in person and via a secure web-based platform for Medicaid billing for an estimated 500-600 students.

1.2. Additional information regarding the State of Texas MAC & SHARS programs can be found at this link à https://pfd.hhs.texas.gov/

2. SOLICITATION METHOD AND INTENT

2.1. The Request for Proposal (RFP) solicitation method allows qualified respondents to submit a written proposal addressing pricing, qualifications, experience, location, availability, and other applicable factors that will be used to ensure successful completion of the requirements of services requested set forth in this RFP.

2.2. TSD, in its sole discretion, has the authority to issue one (1) or multiple contracts from any proposal submissions.

3. CONTRACT TERM

3.1. Initial Contract Term: The contract shall commence on July 1, 2026 and expire on June

30, 2027 unless sooner terminated under the terms of the contract.

3.2. Renewal Option: Contract may be renewed for up to three (3) additional one (1) year terms, provided both parties agree in writing prior to the contract expiration date. Any renewal shall be in accordance with the original terms and conditions plus any approved changes outlined in written contract renewal.

1st Renewal Option July 1, 2027 – June 30, 2028

2nd Renewal Option July 1, 2028– June 30, 2029

3rd Renewal Option July 1, 2029 – June 30, 2030

3.3. Contract Extensions: In the event that the contract(s), if any, resulting from the award of this RFP shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified services, TSD may with written consent of the awarded contractor(s) extend the contract for a period of time not to exceed twelve (12) months.

Any extension shall be at the same terms and conditions, plus any approved and written changes.

3.4. Termination: The contract shall terminate upon full performance of all requirements contained in the contract, unless otherwise extended or renewed, as provided in accordance with the contract terms and conditions.

3.4.1. Termination by Mutual Agreement: TSD and Contractor reserve the right to terminate this contract upon mutual written consent.

3.4.2. TSD in its sole discretion reserves the right to terminate any resulting contract for convenience with a thirty (30) day written notice to the Contractor.

3.4.3. TSD in its sole discretion reserves the right to terminate any resulting contract for cause with a fifteen (15) day written notice to the Contractor. Contractor is liable for any and all damages and costs incurred by TSD.

3.5. Amendments: The contract may be amended in writing by mutual consent of both parties.

3.5.1. TSD reserves the right to administratively amend any resulting contract without the mutual consent of the Contractor.

4. QUANTITIES

4.1. TSD reserves the right to adjust quantity to meet the needs of our students, staff, and programs.

4.2. Unless otherwise stated, the resulting contract award does not guarantee volume or commitment of funds. Quantities are estimates and shall be modified as required to provide services.

5. QUALIFICATIONS AND EXPERIENCE

5.1. To be considered to provide services in accordance to this RFP, respondent shall meet the following minimum criteria:

5.1.1. Shall be in the business categorized as a third-party Medicaid billing company, or similar and have a minimum of five (5) years of professional experience providing such services.

5.1.2. Shall have provided services for a minimum of three (3) different contracts within the last five (5) years.

5.1.3. Shall be in good financial standing. TSD reserves the right to request copies of the respondent’s audited or un-audited financial statements.

5.1.4. Shall have available all necessary personnel, skills, qualifications, facilities and equipment required to fulfill all requirements set forth in this RFP and any resulting contract.

5.2. Preferred experience:

5.2.1. Experience with projects similar in size and scope to the project described herein.

5.2.2. Experience with the deaf and hard of hearing community.

5.2.3. Experience with State of Texas Agencies.

5.3. Supporting Documentation: Respondent shall complete and submit Exhibit C – Company

Profile, Exhibit D – Key Personnel, Exhibit E – Past Projects with Corresponding References with response submission to provide documentation to support the above qualifications and experience. TSD reserves the right to be the sole judge in determining the sufficiency of the respondent’s resources and ability to perform the contract and provide the service.

6. SCOPE OF WORK

6.1. Contractor shall provide all necessary labor, transportation, equipment and any other necessary or incidental need to successfully complete and provide services in accordance with the specifications contained in this RFP and the resulting contract.

6.2. Standards: All work performed shall be performed and completed in accordance with best modern practices and the standards of TSD. Any work performed not meeting the standards of TSD shall be corrected upon notification. Failure to correct work not meeting TSD standards shall give cause to the termination of any resulting contract from this RFP.

6.3. Service Schedule: Monday through Friday from 8:00 am – 5:00 pm Central Time, with customer service available via email, live chat, and/or phone calls (either direct or through the use of a telephony relay / interpreter services for TSD staff members communicating exclusively via American Sign Language).

6.4. Contractor must have proven experience and expertise in Texas for developing and implementing a direct service SHARS program with a working knowledge of Medicaid rate structures, timelines, regulations in an agency or independent school district (ISD) of comparable size to TSD.

6.5. Administrative Support:

6.5.1. Contractor shall assist with data entry for SHARS claims as requested by TSD.

6.5.2. Submit student information on a minimum of a monthly basis to Texas Medicaid and Healthcare Partnership (TMHP) for electronic eligibility match.

6.5.3. Support in the process of tracking parent consents for SHARS billing.

6.5.4. Assist with calculating Direct Medical Services Individualized Education Plan

(IEP) Ratio to include:

6.5.4.1. Total Number of Medicaid students with IEPs requiring direct medical services and

6.5.4.2. Total number of students with IEPs requiring direct medical services for the SHARS Cost Report as requested by TSD.

6.5.5. Monitor and track Occupational Therapy (OT) and Physical Therapy (PT) referrals for compliance.

6.5.6. Assist with Medicaid enrollment and complete management of MAC financials as requested by TSD.

6.5.7. Maintain full support in the event of any internal and external audit, including conducting practice audits, providing documentation of processed claims, and writing necessary reports and correspondence.

6.5.8. Provide and agree to furnish all TSD billing and related data as requested by

TSD.

6.5.9. Provide ongoing review of district SHARS program and advice to maximize documentation of provided Medicaid services and related billing, including specialized transportation sessions and claiming.

6.5.10. Provide data entry when needed by properly trained vendor staff, specifically in areas of transportation, health services, and residential sessions and claiming to reduce administrative burden on TSD staff and maximize reimbursable claim amounts payable to the school.

6.5.11. Serve as the primary SHARS Cost Report preparer in the State of Texas

Electronic Provider System (STEPS) for each year of submission.

6.6. Billing Support:

6.6.1. Submit SHARS Medicaid billing to TMHP on behalf of TSD on a minimum of a monthly basis. If required by TMHP or Health and Human Services Commission (HHSC), contractor must enroll and be approved as a third-party billing vendor prior to submitting claims on behalf of TSD.

6.6.2. Track and reconcile paid claims to TMHP, including follow up on claim denials, holds, and resubmission of rejected or denied claims.

6.6.3. Possesses an internal systemic capacity of validating all SHARS requirements for billing to include, but not limited to:

I. parental consent to bill.

II. existence of a current IEP that authorized the frequency and duration of school health & related services.

III. verification of licensure and certifications for all service providers.

IV. verification of prescription for service provided to students.

V. Medicaid eligibility at different times of the year.

VI. Proper documentation on SHARS.

6.7. Legislative and Other Compliance Requirements:

6.7.1. Must be fully versed in legal requirements of the Office of the Inspector

General, Texas Education Agency (TEA), Texas Health & Human Services Commission (HHSC), Centers for Medicare and Medicaid Services (CMS), and/or any other state or federal agency governing SHARS program and services.

6.7.2. Must be able to comply at all times with all requirements (and any revisions of such) set forth by the HHSC, CMS and any other state, local or federal agency governing the SHARS program and services, including documentation requirements.

6.7.3. Support and monitoring to ensure that TSD is fully compliant with any and all requirements set forth by the TEA and Texas HHSC regarding the SHARS program. This must include, but is not limited to, provider procedures outlined in the most current Texas Medicaid and Health Care Partnership (TMHP) Medicaid Provider Procedure Manual and any revisions or amendments thereto.

6.7.4. Review, interpret, and provide TSD staff with updates and training on all current SHARS related rules and regulations. This may require frequent in-person meetings with TSD staff who may communicate through spoken or written English, or through the use of American Sign Language via a certified interpreter.

6.7.5. Comply with any and all federal and state guidelines concerning issues of confidentiality of student information, including but not limited to the Federal Education Rights and Privacy Act (FERPA).

6.7.6. Contractor represents and warrants that the technology provided to TSD is in compliance with the State of Texas accessibility requirements for electronic and information resources as specified in Volume 1 Texas Administrative Code Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation.

The Vendor shall provide TSD with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product or service accessibility information is available from the General Services Administration 'Buy Accessible Wizard.' Vendors not listed with the 'Buy Accessible Wizard' or supplying a URL to their VPAT must provide TSD a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the 'Buy Accessible Wizard' or VPAT is located at http://www.section508.gov.

6.7.7. Maintain a reliable archive of claims, additional SHARS documents, and other information stored in either hardcopy or digitally in the vendor’s system. Provide documents upon request by TSD and comply with federal and state guidelines in regards to document retention guidelines.

6.8. Reporting Support

6.8.1. Must provide a copy of the services or reports to complete the annual SHARS cost report.

6.8.2. Ability for TSD to create or run district-specific reports at any time, such as monthly eligibility lists, tracking provider participation, reimbursements and other financial reports. It is preferred that reports also be available to be downloaded into both MS Excel and Adobe pdf document formats, in addition to any pre-existing formats offered within the secure, web-based system.

6.8.3. Provide full support in managing the Random Moment in Time Study (RMTS), including but not limited to: quarterly Participant List review and certification;

monitoring and reporting any employees who have not completed their sample moment; and monitoring and providing mandatory RMTS staff training.

6.9. Technical Support

6.9.1. Must have the capacity to fully implement all aspects of the SHARS reimbursement services and fully implement and onboard TSD to a secure, web-based system without MAC or SHARS Cost Report interference for FY26 and future reporting periods within the term set forth in this solicitation and any resulting contract.

6.9.2. Provide a secure, web-based Medicaid claim entry system integrated with

Frontline Special Education Management System. This would allow for related services session logs and personal care documentation to be imported from eSped into the Medicaid billing system.

6.9.3. Utilize electronic signatures where allowable for all SHARS billing providers, including related services and personal care providers in accordance with federal and legal guidelines

6.9.4. TSD primarily operates in a macOS environment and as such, the secure, web-based system that TSD is seeking must be compatible with multiple standard browser types, such as Safari, Chrome, etc. Each macOS and Windows operator has the ability to utilize more than one browser if needed in order to access an online system that matches the vendor’s recommended configuration settings. Vendor must outline preferred browser settings and technical specifications of macOS and Windows users when utilizing its secure, web-based system.

6.10. Training Support

6.10.1. Provide unlimited, customized, relevant on-site education and training to TSD personnel as needed to ensure legal compliance and efficient claim processing.

Trainings provided at TSD will be offered through the use of certified American Sign Language interpreters provided by TSD with sufficient scheduling availability.

6.10.2. Provide access to webinars and on-demand, online video training sessions. It is preferred that vendors provide access to webinars and online video training sessions that incorporate closed captioning for the benefit of TSD’s deaf or hard of hearing audience.

7. CONTRACTOR REQUIREMENTS

7.1. Contractor must have proven experience and expertise in developing and implementing a direct service SHARS program with a working knowledge of Medicaid rate structures, timelines, regulations

7.2. Contractor agrees to conduct all services under the awarded contract by and through appropriate communications with TSD. No services shall be undertaken by Contractor except with the prior written authorization by TSD. Contractor understands and agrees that work and services provided without prior written authorization by TSD personnel shall be at Contractor’s exclusive risk.

7.3. Contractor shall provide service in accordance with requirements specified in this RFP and the resulting contract(s) and adhere to TSD terms and conditions.

7.4. Contractor shall provide all labor, material, and equipment necessary to meet all service requirements specified throughout the term of the contract.

7.5. Contractor is responsible for all costs incurred in the performance of the contract.

7.6. Contractor shall comply with all laws, ordinances, statues and regulations as they pertain to the services requested in this RFP.

7.7. Contractor shall obtain all permits, licenses or other authorization as may be required to fulfill the services requested in this RFP.

7.8. Contractor shall not subject any person to discrimination on the grounds of race, color, national origin, religion, sex, age, disability or political affiliation.

7.9. Contractor shall not enter into agreement with subcontractors without prior written approval of TSD. Subcontracts, if any, entered into by the Contractor will be in writing and subject to the requirements of this contract.

7.10. All Contractor personnel to have direct contact with TSD students and staff are subject to the passing of successful background check. Contractor is responsible for all associated costs incurred for background check.

7.11. No Contractor with a record which would prevent the ability to work with and around TSD students shall be authorized to provide services in accordance to this RFP.

7.12. Attire Standards on campus: Dress code must be professional with contractor wearing appropriate badge and/or shirt identifying as contracted personnel.

7.12.1. Shorts and skirts must be at least of mid-thigh length. No gym, running, or bike shorts.

7.12.2. No tube tops, halter tops, crop tops, no shirts with oversized armholes.

7.12.3. Clothing with rips, holes and/or graphic language, slogans, advertisements or images inappropriate for a school setting is strictly prohibited.

7.12.4. No visible tattoos depicting inappropriate images or language.

8. TSD RESPONSIBILITIES

8.1. TSD shall designate an internal point of contact to schedule all staffing requests upon contract award.

8.2. TSD shall furnish no labor, equipment or facilities unless otherwise explicitly stated in this

RFP.

9. ADDING NEW SERVICES TO CONTRACT AFTER AWARD

9.1. Following the contract award, additional services of the same general category that could have been encompassed in the award of this contract and that are not already included in the contract may be added. A formal written request will be sent to the awarded Contractor to quote on the proposed additional services. Contractor shall submit proposals to TSD as instructed. All quotes are subject to negotiation with the Best and Final Offer.

9.2. TSD reserves the right to accept or reject any and all quotes for additional services and may issue a separate solicitation / award for the additional services requested.

10. PRICE ADJUSTMENTS

10.1. Extension / Renewal Period Pricing: A price escalation may be allowed upon renewal provided the vendor notifies TSD Purchasing Department, in writing, a minimum of sixty

(60) days prior to renewal.

10.1.1. The maximum allowable percentage change must be calculated as follows:

(B-A) / A x 100% = Percentage of allowable price increase

“A” definition: Consumer Price Index (CPI) from the month of the due date for the response; OR the effective date/month of the most recently approved price index.

“B” definition: Current or latest baseline CPI.

10.1.2. Price adjustments may occur no more than one time per State fiscal year (September – August).

10.2. The CPI-U Index Expenditure Category associated with this RFP and any subsequent award shall be “Education and Communication Services.”

11. HUB SUBCONTRACTING

11.1. TSD has determined there are no probable subcontracting opportunities for this solicitation.

12. CONTRACT ADMINISTRATION

12.1. TSD Purchasing Manager will serve as the contract administrator and contract manager of the resulting contract, if any from this RFP.

13. INVOICING AND PAYMENT

13.1. Contractor shall submit all invoices to: Texas School for the Deaf, Accounts Payable, 1102 S. Congress Avenue, Austin, TX 78704 or accounts.payable@tsd.texas.gov

13.2. Invoice shall be submitted no more than thirty (30) days after weekly service is provided, and at a minimum must include the following: Vendor name, TSD PO / Contract No., services being provided, dates of service, total cost.

14. PRE-SERVICE/PRE-EMPLOYMENT AFFIDAVIT

14.1. As required by Texas Education Code § 22A.055, Contractor agrees that all service providers, as defined in Texas Education Code § 22A.001(8), must submit a complete and accurate pre-service or pre-employment form to TSD. Submission of this affidavit is a condition precedent to the performance of any services. Contractor agrees that no service provider shall be permitted to work at TSD or have access to TSD students until the affidavit is submitted. Contractor acknowledges that TSD maintains the absolute discretion to terminate this Agreement, or to prohibit a specific service provider from providing services, based on any information disclosed in the affidavit or any omission therein.

mailto:accounts.payable@tsd.texas.gov

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

1.1. TSD intends to proceed according to the following schedule. These dates represent a tentative schedule of events; however, TSD reserves the right to change the dates in the schedule of events upon written notification to prospective Respondents via email and through a posting on the Electronic State Business Daily as an addendum.

RFP Issue Date: May 5, 2026 Questions Due: May 13, 2026; 3:00PM CT Agency Written Answers Provided: May 20, 2026; 3:00PM CT Proposal Due Date: May 26, 2026; 3:00PM CT Anticipated Commencement Date July 1, 2026

2. INQUIRIES

2.1. Contact: All requests, questions, or other communications about this solicitation shall be made in writing to TSD’s Purchasing Department, addressed to the following person:

David Rivera, Purchasing Manager

Email: purchasing@tsd.texas.gov

2.2. Deadline for submission of questions: To provide TSD with sufficient time to adequately prepare response to vendor inquiries, all questions must be submitted by the deadline specified in Section II, Subsection 1. Failure to meet this deadline may result in TSD’s inability to respond to your inquiries.

2.3. Responses to any submitted questions shall be made through a posting on the Electronic State Business Daily as an addendum per the tentative schedule provided in Section II, Subsection 1.

3. PROPOSAL CONTENT

3.1. General Response Format Option 1 (mailed submission): Respondent shall submit one (1) proposal signed in ink. Response shall be on 8-1/2 x 11-inch paper and tax-indexed corresponding to the sections/exhibits listed below. Spine-bound submissions are highly discouraged.

3.2. General Repose Format Option 2 (electronic submission): Respondent shall submit one

(1) proposal signed in ink or digital signature. Response shall be on 8-1/2 x 11-inch paper and include a working table of contents corresponding to the sections/exhibits listed below.

3.3. Required Response Content: Respondent must include the following documentation with their response submission. Failure to submit with response will result in disqualification of the proposal.

3.3.1. Exhibit A – Execution of Proposal

3.3.2. Exhibit B – Price Sheet

3.3.3. Exhibit C – Company Profile

3.3.4. Exhibit D – Key Personnel

3.3.5. Exhibit E – Past Projects

3.4. Additional Response Content: Respondent shall include the following documentation with their response submission or within one business day of TSD request. Failure to submit this additional documentation by TSD deadline may disqualify respondent’s proposal submission.

3.4.1. Addenda: Respondent shall acknowledge receipt of any addendums generated as part of this solicitation. The Respondents should include the signed and dated addendum(s) with their response submission.

3.5. If the total value of the proposal submissions, including any renewals, is $1 million or more, the vendor is required to complete Form 1295 – Certificate of Interested Parties.

This form must be electronically filled through the Texas Ethics Commission website. A copy of the completed Form 1295 must be submitted with the vendor’s proposal response.

The certificate number must be clearly displayed on the submitted form for verification purposes.

4. PROPOSAL SUBMISSION

4.1. All proposals shall be received and date / time stamped by TSD Purchasing personnel prior to 3:00 PM Central Time on the date specified in Section II, Subsection 1, and the place specified in Section II, Subsection 5. Late proposals will not be considered.

4.2. Mailed proposals shall be placed in a sealed envelope/package and identified with the correct RFP number, submittal deadline and time. It is the Respondent’s responsibility to appropriately mark and deliver the proposal to TSD by the specified date.

4.3. Receipt of any addenda to this RFP should be acknowledged by returning a signed copy of each addendum to the response.

4.4. Respondents to this RFP are responsible for all costs of proposal preparation.

4.5. Proposals shall be submitted to TSD Purchasing Department, as noted in Section II, Subsection 5 below.

4.6. Telephone and facsimile proposals are not an acceptable response to an RFP.

4.7. All submitted proposals become the property of TSD after the RFP submittal deadline.

Responses shall constitute an offer for a period of ninety (90) days or until selection is made by TSD, whichever is earlier.

5. DELIVERY OF PROPOSALS

5.1. Proposals shall be submitted to TSD by one of the following methods:

U.S. Postal Service Overnight/Express Mail Hand Delivery

Attn: Purchasing Manager 1102 S. Congress Avenue

Austin, TX 78704

Texas School for the Deaf Attn: Purchasing Manager 1102 S. Congress Avenue

Austin, TX 78704

Texas School for the Deaf Pease Building – Basement Floor

1102 S. Congress Avenue Austin, TX 78704

Electronic Mail Texas School for the Deaf Attn: Purchasing Manager purchasing@tsd.texas.gov

Note: Proposals must be date stamped in TSD’s Purchasing Department prior to due date and time

6. EVALUATION AND AWARD

6.1. Step 1 – Administrative Review: Only complete responses with the required submission documents will be considered. Failure to meet the minimum qualifications and submit the required documentation will result in a response being declared non-responsive. TSD reserves the right to reject any or all proposals, and to waive informalities and minor irregularities in proposals received. No proposal received in TSD’s Purchasing Department after the exact date and time specified as the deadline to responses will be considered.

6.2. Step 2 – Initial Evaluation: TSD will establish an evaluation committee and score each response based on established criteria. Respondents shall not contact members of the evaluation team. Responses to this RFP will be evaluated according to the Respondent’s ability to best satisfy TSD requirements. Respondent’s submission is evaluated and scored on a weighted system outlined below:

Evaluation Criteria Weight Compensation and Fees (based on Exhibit B) 60% Qualifications & Experience (based on Exhibits C, D, & E) 40%

Total 100%

6.3. Step 3 – Short List: TSD reserves the right in its sole discretion to develop a short list, at which time TSD may check references and/or request an interview with each respondent for further consideration. Interview scores (if applicable) shall be included in overall evaluation criteria and scoring.

6.4. Step 4 – Best and Final Offer (BAFO): TSD’s evaluation committee will determine if a BAFO is necessary. Award of a contract may be made without discussions or BAFO, if in the best interest of the State.

6.5. Award: TSD reserves the right to award a contract to a single contractor, or award to more than one contractor, whichever provides the best value to TSD and the State in performance of this service. TSD will be the sole judge of value.

6.6. Best Value Criteria: May include but is not limited to the following:

• Best meets the goals and objectives of the solicitation as stated above.

• Best meets the quality and reliability of the proposed services.

• Provides the most customer focused solution that will best meet the needs of TSD

• Past performance based upon pass/fail criteria in compliance with Texas Government

Code, Sections 2155.074, 2155.075, 2156.007, 2157.003, and 2157.125.

6.7. Post Award Meeting: TSD reserves the right to schedule a post award meeting, either in person or via teleconference with Contractor(s) at any point after award of the contract.

The purpose of the meeting(s) is to discuss terms and conditions of the contract and/or to provide additional information regarding the contract.

SECTION III – STANDARD TERMS AND CONDITIONS

May 2025

(ITEMS BELOW APPLY TO AND BECOME PART OF THE CONTRACT)

Any contract awarded as a result of this solicitation will contain the standard terms and conditions listed below.

Subcontractors are required to comply with these provisions set forth. Any acceptations must be in writing and approved by proper TSD personnel.

1. BIDDING REQUIREMENTS:

1. Respondents must comply with all rules, regulations and statutes relating to purchasing in the State of

Texas, in addition to the requirements of this form.

2. Bids/proposals should be submitted on this form. Respondents must price per unit shown. Unit prices shall govern in the event of extension errors. If a price quotation is submitted as part of the bid, the quotation must be referenced on the bid document and signed by the Respondent to establish formal linkage to the bid.

3. Bids/proposals must be time stamped at TSD on or before the hour and date specified for the bid opening.

4. Late and/or unsigned bids/proposals will not be considered under any circumstances. Person signing bid must have the authority to bind the firm in a contract.

5. Bids/proposals are requested to be firm for TSD acceptance for 30 days from bid due date. "Discount from list" bids/proposals are not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

2. SPECIFICATIONS:

1. Catalogs, brand names, or manufacturer’s references are descriptive only, and indicate type and quality desired. Bids/proposals on brands of like nature and quality will be considered unless advertised under Section 2155.067, Texas Government Code. If bidding on other than referenced products, bid should show manufacturer, brand or trade name, and other description of product offered. If other than referenced product specified is offered, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

2. Unless otherwise specified, items shall be new and unused and of current production.

3. Electrical Items: All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from Underwriters Laboratory (UL), Factory Mutual Resource Corporation (FMRC), or National Electrical Manufacturers Association (NEMA).

4. Samples, if and when requested must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the Respondent, on request, at Respondent’s expense. Each sample should be marked with Respondent’s name and address, and requisition number. Do not enclose in or attach bid to sample.

5. TSD will not be bound by any oral statement or representation contrary to the written specifications of this

RFP.

6. Warranty: Manufacturer's standard warranty shall apply unless otherwise stated in the RFP specifications.

3. TIE BIDS/PROPOSALS: Awards will be made in accordance with 34 Texas Administrative Code Rules 20.36(b)(3) and 20.38.

4. DELIVERY:

1. Number of days required to place material in receiving agency’s designated location under normal conditions shall be listed on bid/proposal response. Delivery days are defined as calendar days, unless otherwise specified. Failure to state delivery time obligates Respondent to deliver within fourteen (14) days.

Unrealistic delivery promises may cause bid to be disregarded.

2. If delay is foreseen, Respondent shall give written notice to the TSD. Vendor must keep TSD advised at all times of status of order.

3. Default in promised delivery, without accepted written notice or failure to meet specifications authorizes the TSD to purchase the goods and/or services of this solicitation elsewhere and charge any increased costs for the goods and/or services, including the cost of rebidding to the Respondent.

4. No substitutions permitted without written approval of TSD’s Purchasing Department.

5. Delivery shall be made during normal working hours only unless prior written approval has been obtained from the TSD.

5. INSPECTIONS AND TESTS: All goods will be subject to inspection and test by the State upon delivery. All costs shall be borne by the Respondent in the event products tested fail to meet or exceed all conditions and requirements of the specification. Goods delivered and rejected in whole or in part may, at the State's option, be returned to the Respondent or held for disposition at Respondent’s expense. Latent defects may result in revocation of acceptance.

6. AWARD: A response to this RFP is an offer to contract based upon the terms, conditions, and specifications contained herein. Bids/proposals do not become contracts until they are accepted through an open market purchase order. The contract shall be governed, construed, and interpreted under the laws of the State of Texas. The factors listed in Sections 2155.074, 2155.144, 2156.007, and 2157.003, Texas Government Code, shall also be considered in making an award when specified. Any legal actions must be filed in Travis County, Texas.

7. PATENTS, TRADEMARKS, AND/OR COPYRIGHTS: Respondent agrees to defend and indemnify the TSD and State of Texas from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, and/or other proprietary rights arising out of the TSD’s or the State’s use of any goods and/or services provided by the Respondent as a result of this solicitation.

8. ASSIGNMENT: Respondent shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from TSD. Any attempted assignment in violation of this Section is void and without effect.

9. NO QUANTITY GUARANTEES: TSD makes no express or implied warranty whatsoever that any minimum compensation or minimum quantity will be guaranteed under the contract.

10. PROMPT PAYMENT: Payment shall be made in accordance with Chapter 2251 of the Texas Government Code, commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas Government Code shall govern remittance of payment and remedies for late payment and non-payment.

11. TAXES: Purchases made for State of Texas use are exempt from the State Sales Tax and Federal Excise Tax.

TSD will furnish Tax Exemption Certificates upon request. Respondent represents and warrants that it shall pay all taxes or similar amounts resulting from the contract, including, but not limited to, any federal, state, or local income, sales or excise taxes of respondent or its employees. TSD shall not be liable for any taxes resulting from the contract.

12. Bidder/Respondent Affirmations:

1. ANTITRUST: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Respondent. The successful contractor hereby assigns to the TSD all of Respondent’s rights, title and interest in and to all claims and causes of action Respondent may have under the antitrust laws of Texas or the United States for overcharges associated with this solicitation or any resulting contract, pursuant to Texas Government Code, Section 2155.005.

2. BUY TEXAS: In accordance with Section 2155.4441, Texas Government Code, Respondent agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

3. CHILD SUPPORT OBLIGATION: Under Section 231.006 of the Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate in addition to other remedies set out in 231.006(f). Furthermore, any respondent subject to Section 231.006, Texas Government Code, must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the bid. This information must be provided prior to award. Enter the name and Social Security numbers for each person below:

Name: Social Security Number:

Name: Social Security Number:

Name: Social Security Number:

4. CRITICAL INFRASTRUCTURE: Pursuant to Texas Government Code, Section 2275.0102, Respondent certifies that neither it nor its parent company, nor any affiliate of Respondent or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Texas Government Code, Section 2275.0103, or (2) headquartered in any of those countries.

5. DEALING WITH PUBLIC SERVANTS: The Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response.

6. DEBTS AND DELINQUENCIES: Respondent acknowledges and agrees that, to the extent Respondent owes any debt including, but not limited to, delinquent taxes, delinquent student loans, and child support owed to the State of Texas, any payments or other amounts Respondent is otherwise owed under the contract may be applied toward any debt Respondent owes the State of Texas until the debt is paid in full.

These provisions are effective at any time Respondent owes any such debt or delinquency.

7. EXECUTIVE HEAD OF STATE: Under Section 669.003 of the Texas Government Code, Respondent certifies that it does not employ, or has disclosed its employment of, any former executive head of TSD.

Respondent must provide the following information in the response.

Name of Former Executive: __________________________________________________

Name of State Agency: _____________________________________________________

Date of Separation from State Agency: _________________________________________

Position with Respondent: ___________________________________________________

Date of Employment with Respondent: _________________________________________

8. FINANCIAL PARTICIPATION PROHIBITED: Under Section 2155.004(b) of the Texas Government Code, the respondent certifies that the individual or business entity named in this bid response or any contract resulting from this RFP is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.

9. TEXAS BIDDER/RESPONDENT: Respondent certifies that if a Texas address is shown as the address of the Respondent on this response, respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

13. ASSIGNMENT: Respondent shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from the TSD. Any attempted assignment in violation of this provision is void and without effect.

14. CLOUD COMPUTING STATE RISK AND AUTHORIZATION MANAGEMENT PROGRAM (TX-RAMP):

Pursuant to Section 2054.0593(d)-(f) of the Texas Government Code, relating to cloud computing state risk and authorization management program, respondent represents and warrants that it complies with the requirements of the state risk and authorization management program and Respondent agrees that throughout the term of the contract it shall maintain its certifications and comply with the program requirements in the performance of the contract.

15. COMPUTER EQUIPMENT RECYCLING PROGRAM: Respondent certifies its compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

16. CONTRACTING INFORMATION RESPONSIBILITIES: In accordance with Section 552.372 of the Texas

Government Code, Respondent agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the TSD for the duration of the contract, (2) promptly provide to the TSD any contracting information related to the contract that is in the custody or possession of the Respondent on request of the TSD, and (3) on termination or expiration of the contract, either provide at no cost to the TSD all contracting information related to the contract that is in the custody or possession of the Respondent or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the TSD. Except as provided by Section 552.3749c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the contract and the Respondent agrees that the contract can be terminated if the respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

17. COVID-19 VACCINE PASSPORT PROHIBITION: Respondent certifies that it does not require its customers to provide any documentation certifying the customers COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contact.

18. CYBERSECURITY TRAINING: Respondent represents and warrants that it will comply with the requirements of

Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program.

19. DATA MANAGEMENT AND SECURITY CONTROLS: In accordance with Section 2054.138 of the Texas

Government Code, Respondent certifies that it will comply with the security controls required under this contract and will maintain records and make them available to TSD as evidence of Respondent’s compliance with the required controls.

20. DISASTER RECOVERY PLAN: In accordance with 13 Texas Administrative Code Section 6.94(a)(9), Respondent shall provide to TSD the descriptions of its business continuity and disaster recovery plans.

21. DISCLOSURE OF PRIOR STATE EMPLOYMENT: In accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Respondent certifies that it does not employ an individual who has been employed by TSD or another agency at any time during the two years preceding the submission of the response or, in the alternative, Respondent has disclosed in its response the following: (i) the nature of the previous employment with TSD or the other agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination.

22. DISPUTE RESOLUTION: The dispute resolution process provided for in Chapter 2260 of the Texas

Government Code must be used to attempt to resolve any dispute arising under the contract.

23. ENERGY COMPANY BOYCOTTS: If Respondent is required to make a verification pursuant to Section

2276.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the contract. If Respondent does not make that verification, Respondent must so indicate in its response and state why the verification is not required.

24. ENTITIES THAT BOYCOTT ISRAEL: If respondent is required to make a certification pursuant to Section

227.001 of the Texas Government Code, Respondent certifies that Respondent does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. If Respondent does not make that certification, Respondent must indicate that in its response and state why the certification is not required.

25. E-VERIFY PROGRAM: Respondent certifies that for contracts for services, Respondent shall utilize the U.S.

Department of Homeland Security’s E-Verify system during the term of the contract to determine the eligibly of:

1. All persons employed by Respondent to perform duties within Texas; and

2. All persons, including subcontractors, assigned by Respondent to perform work pursuant the contract within the United States of America.

26. EXCESS OBLIGATIONS PROHIBITED: The contract is subject to termination or cancellation, without penalty to TSD, either in whole or in part, subject to the availability of state funds.

27. EXCLUDED PARTIES: Respondent certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

28. EXECUTIVE ORDER GA-48: Respondent certifies that it, nor its holding companies or subsidiaries, is:

a. Listed in Section 889 of the 2019 National Defense Authorization Act;

b. Listed in Section 1260H of the 2021 National Defense Authorization Act; or

c. Owned by the government of a country on the U.S. Department of Commerce’s foreign adversaries listed under 15 C.F.R. Section 791.4; or

d. Controlled by any governing or regulatory body located in a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R Section 791.4.

29. FALSE STATEMENTS: Respondent represents and warrants that all statements and information prepared and submitted in this document are current, complete, true and accurate. Submitting a response with a false statement or material misrepresentation made during the performance of a contract is a material breach of contract and may void the submitted response and any resulting contract.

30. FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATION: If Respondent is required to make a certification pursuant to Section 274.002 of the Texas Government Code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification, Respondent must so indicate in its bid/proposal response and state why the verification is not required.

31. FORCE MAJEURE: Neither Respondent nor TSD shall be liable to the other for any delay in, or failure of performance, of any requirement included in the contract 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 or failure have been removed provided the non-performing 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.

32. FOREIGN TERRORIST ORGANIZATIONS: Respondent represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

33. FORMER AGENCY EMPLOYEES: Respondent represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were former employees of the TSD during the twelve (12) month period immediately prior to the date of execution of the contract.

34. GOVERNING LAW AND VENUE: The contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflict of law provisions. The venue of any suit arising under the contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statue which directly names or otherwise identifies its applicability to the TSD.

35. HUMAN TRAFFICKING PROHIBITION: Under Section 2155.0061 of the Texas Government Code, the Respondent certifies that the individual or business entity named in this response or contract is not ineligible to receive the specific contract and…