ESBD_531743_1782487737253_Solicitation TMD26-SEC-0039103 Psychologist or Psychiatry Services for MMPI 2.7_final .24.26 dci (002).pdf

Page 1 of 30 OGC Approved 10/16/2021

TEXAS MILITARY DEPARTMENT

SOLICITATION

NIGP CODES

948-76 Psychologists, Psychological and Psychiatric Services, Including Behavioral Management Services

SOLICITATION NO.

TMD26-SEC-0039103

TYPE OF SOLICITATION

Request for Qualifications (RFQ)

DATE ISSUED

June 29, 2026

REQUEST FOR QUALIFICATIONS (RFQ) – Psychologist or Psychiatry Services for MMPI - Texas

Respondents must submit their responses via e-mail to:

procurement@military.texas.gov no later than 2:00 P.M. CT on July 22, 2026

FOR INFORMATION CONTACT:

Dallas Curry-Ikner

Purchaser, CTCD, CTCM

Contract Administrator

PHONE: (512) 782-5344

EMAIL: Procurement@military.texas.gov

RESPONSE (Respondents must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

(Respondent acknowledges receipt of Solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF RESPONDENT:

RESPONSE DATE

TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, and REMEDIES By signing this document, Respondent represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate.

Failure to sign will disqualify response. TMD may pursue and enforce any available remedies against the Respondent for making false statements, including disqualifying the Respondents response, immediately cancelling any Contract awarded to Respondent, or recommending State of Texas debarment.

TERM, PRICING, and FUNDING The initial Contract term is effective on the effective date stated in the notice of award (or purchase order if there is no notice of award) and expires one (1) year from that effective date.

Additionally, the Contract has three (3) one-year optional renewal periods available, which TMD solely reserves the right to exercise one optional renewal period at a time.

Additionally, TMD reserves the option to extend the contract for six (6) months period after the initial term with the same terms and conditions.

TMD will not allow changes after the Date of Award to terms and/or pricing. Respondents may negotiate price at time of renewal/extension (if applicable). The continuation of the Contract for any period is subject to the availability of TMD’s funding source for the Contract.

mailto:procurement@military.texas.gov mailto:Procurement@military.texas.gov

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ANTICIPATED SCHEDULE OF EVENTS

TMD currently anticipates that the selection of successful Respondents and award of the Contract, if any, will proceed according to the following schedule:

INTENTIONALLY LEFT BLANK

Date Time CT Events 06-29-2026 Solicitation Posted to ESBD

07-06-2026 2:00 pm Last day to submit written questions for clarification to

TMD

07-15-2026 Estimated date for TMD to post Question and Answer (Q&A) document to ESBD

07-22-206 2:00 pm Deadline for TMD to receive responses

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TABLE OF CONTENTS

ANTICIPATED SCHEDULE OF EVENTS

SECTION A—DEFINITIONS

SECTION B—GENERAL REQUIREMENTS

B.1 SUBMISSIONS

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.3.1 Billing and Payment B.3.2 Payment Adjustment B.3.3 Late Payment B.3.4 Deductions for Unacceptable Compliance B.3.5 Withholding of Payment B.3.6 Debts and Delinquencies B.3.7 Right to Offset

SECTION C - STATEMENT OF QUALIFICATIONS

C.1 INTRODUCTION

C.2 DELIVERABLES

C.3 MINIMUM QUALIFICATIONS

C.4 EMPLOYEE SUBSTITUTIONS OR ADDITIONS

C.5 TMD PERSONNEL

C.5.1. TMD’s Contract Administrator C.5.2 TMD’s Project Manager for invoices C.5.3 TMD’s Assistant Project Manager for results

C.6 INSURANCE REQUIRED UNDER THE CONTRACT

C.8 GENERAL CONFIDENTIALITY REQUIREMENTS

C.9 SENSITIVE PERSONAL INFORMATION

C.10 References & Past Project PErformance Sheet

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 RESPONSE PREPARATION INSTRUCTIONS

E.1.1 Purpose of Instructions E.1.2 Submission of Responses E.1.3 Documentation of Qualifications and Experience E.1.4 Evaluation Criteria

E.2 AMENDMENTS TO THE SOLICITATION

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E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

E.4 SIGNATURES ON RESPONSE SUBMITTED

E.5 RESPONSE ACCEPTANCE PERIOD

E.6 CONTRACT AWARD

E.7 TMD’s RIGHTS

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Volume One – Contract Forms and Required Response Information E.8.2 Volume Two – Information Section

E.9 DISCUSSION AND CORRESPONDENCE

E.10 SUBMISSIONS SUBJECT TO THE Texas public information act

E.11 AGENCY POSTING OF CONTRACTS

E.12 ANTICIPATED SCHEDULE OF EVENTS

SECTION F—EVALUATION CRITERIA

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SECTION A—DEFINITIONS

The following terms and acronyms used in this solicitation have the meanings given in this section unless the context indicates otherwise.

“Bid” means the Respondent’s response to this solicitation. A Bid is an offer to contract based upon the terms, conditions, and specifications contained within the solicitation. Bids do not become contracts until they are accepted through an open market purchase order.

“Business Days” means Monday through Friday except for federal, state, and legal holidays observed by the State of Texas.

“Business Hours” means 8:00 a.m. to 5:00 p.m. Central Time.

“CT” means Central Time.

“Contract” means this formal, written, and legally enforceable agreement between TMD and Contractor.

“Contractor” means the individual, business or other entity awarded the Contract. In the context of submitting a response, “Contractor” also means “Respondent” and “Vendor.”

“Date of Award” means the date the Contract is fully executed.

“Days” means calendar days unless otherwise specified.

“Fiscal Year” means any of the one (1) year periods beginning September 1 and ending August 31 used for annual budgetary purposes by the State of Texas.

“Parties” means Contractor and TMD.

“Respondent” means the individual, business entity, or organization that submits a response in reply to this solicitation with intent to contract with TMD.

“Shall” or “Must” means that the Respondent or awarded Contractor is required to comply or submit.

“TMD” means the Texas Military Department of the State of Texas, a state agency in the executive branch created under Texas Government Code Ch. 437.

“Vendor” means the individual, business entity, or organization at any stage in the procurement or contracting process (prior to response, during response, and after contract award).

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SECTION B—GENERAL REQUIREMENTS

B.1 SUBMISSIONS

A. Statements of Qualifications submitted for evaluation by interested firms shall be evaluated according to the following criteria:

1. Qualifications, abilities and capabilities to perform services as specified;

2. References, past records and other indicators of probable performance;

3. Demonstrated ability to perform services on a timely basis;

B.2 INVOICE REQUIREMENTS

Invoices are Contractor’s billing for goods or services rendered. TMD will pay Contractor on the basis of itemized invoices submitted to and approved by TMD. The invoices must show the actual deliverables provided and the attendant charge. Itemized invoices must clearly identify the project phase or title, deliverables delivered, the number of hours that each allocated employee worked if applicable, and the date range of work performance for this associated charge.

A. Contractor’s invoice must include the following:

1. the Contract number;

2. remittance address; and

3. any prompt payment discount offered.

B. Contractor must send an email with the invoice copy to Payables@military.texas.gov and to the Contract Administrator and TMD Project Manager.

An original, hard-copy invoice, if required by Contractor, will be submitted to the office designated below:

Texas Military Department (TMD) Attn: Accounts Payable Department

P.O. Box 5218, Building 11 Austin, Texas 78703

The State of Texas will not incur any penalty for late payment if the invoice fails to conform to the requirements of this section or if Contractor did not mail the invoice to the appropriate email addresses identified in this section.

B.3 PAYMENTS

A. TMD recommends that Contractor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Contractor elects to be set up for direct deposit payment, Contractor must submit a completed Direct Deposit Authorization Form (Attachment G.1).

B. Regardless as to whether Direct Deposit is chosen, Contractor must submit a completed Application for Texas Identification Number (Attachment G.2) to the following address:

mailto:Payables@military.texas.gov

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Texas Military Department (TMD)

Attn: Accounts Payable P.O. Box 5218, Building 11 Austin, Texas 78703-5218

Reference: Contractor Set-up for Solicitation TMD26-SEC-0039103

Notes: Contact Dallas Curry-Ikner when completed @ 512-782-5344 or Procurement@military.texas.gov

C. If Contractor has previously submitted a completed Contractor Direct Deposit Authorization and Substitute W-9 Form to TMD for another separate contract, another form is not required to be submitted.

B.3.1 Billing and Payment

A. Per Exam Payments: Notwithstanding anything else to the contrary in the Contract, TMD will not make any payments of any amount to Contractor or any other entity or person, and Contractor will not submit any invoices, until Contractor has received from TMD a written Final Acceptance Document signed by TMD’s Contract Administrator specifically stating that TMD accepts the services, and Contractor is authorized to submit an invoice.

1. The Contract provides for per-exam payments for the exams.

2. The Contract will not involve progress payments.

3. If the services are not accepted, the Contract will involve no payments of any type for any amount.

B. Tex. Gov’t Code Chapter 2251 (the Prompt Payment Act) will govern payment and accrual of interest on any overdue payments.

C. If TMD, for any reason, including lack of supporting documentation, disputes any items in any invoices submitted by Contractor, TMD will place a hold on the disputed items and may pay the remaining amount of the invoice. TMD will timely notify Contractor of the dispute and request clarification or remedial action.

D. If the dispute is resolved in Contractor’s favor, TMD will pay the remaining portion of the original invoice in accordance with the Prompt Payment Act. If the dispute is resolved in TMD’s favor, Contractor must resubmit an invoice reflecting all corrections.

B.3.2 Payment Adjustment

A. TMD may elect to deduct from Contractor payment as specified in this section or any amount specified in, or any money determined to be due as specified in the Contract.

B. If it is determined that the remaining amount of Contractor payment is not adequate to cover the money determined to be due to TMD, then all remaining Contractor payments will be withheld and an invoice issued to Contractor for the remaining amount due.

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C. Contractor must pay the invoiced amount within 30 days of receipt unless Contractor and TMD mutually agree on an alternative payment method.

B.3.3 Late Payment

Any amount owed to Contractor more than one day beyond the date such amount is due as described in this section will accrue interest each day that such amount is not paid at the rate specified by Tex. Gov’t Code § 2251.025, provided; however, that this provision will not excuse failure by TMD to make payment in strict accordance with the Contract.

B.3.4 Deductions for Unacceptable Compliance

If Contractor fails to comply with the terms of the Contract, TMD may withhold Contractor’s payment. If non-compliance results in TMD purchasing goods or services from another entity to remedy the non-compliance, TMD will deduct those costs from Contractor’s payment.

B.3.5 Withholding of Payment

A. TMD will have the right to withhold Contractor’s payment until the failures described below have been corrected.

1. Failure to submit reports or other documentation required in Section D—Contract Compliance Reports and Data required from Contractor;

2. Failure to comply with background check or security requirements;

3. Failure to respond to audit reports; and

4. Failure to correct identified areas of non-compliance to the satisfaction of TMD within ten days upon receipt of written notification.

B. TMD will not pay interest to Contractor for monies so withheld.

C. Contractor’s withheld payment will be released upon TMD’s satisfaction that compliance has been achieved for 30 consecutive days.

D. In the event that money is due to TMD for Contractor’s failure to provide adequate maintenance or replacement of the property as required in the Contract, the amount required for TMD to correct deficiencies and replace property will be withheld from the final payment.

E. With the exception of disputed issues, such withholding of final payment by TMD will not exceed 120 days from date of the Contract’s termination.

B.3.6 Debts and Delinquencies

TMD is prohibited from issuing any payment to a person or entity that has been reported as having an indebtedness or delinquency to the State of Texas. Contractor agrees and understands that, to the extent Contractor owes any debt or delinquent taxes to the State of Texas, TMD will apply any payments or other amounts Contractor is otherwise owed under the Contract toward the debt or delinquent taxes until the debt or delinquent taxes

Page 9 of 30 OGC Approved 10/16/2021 are paid in full. Contractor must comply with all applicable laws regarding satisfaction of debts or delinquencies to the State of Texas.

B.3.7 Right to Offset

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

Intentionally Left Blank

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SECTION C - STATEMENT OF QUALIFICATIONS

C.1 INTRODUCTION

The Texas Military Department is seeking a licensed psychologist or psychiatrist to administer, interpret and report the results of the Minnesota Multiphasic Personality Inventory (MMPI) for security officers.

The MMPI will be used to assess the psychological fitness, mental health, and suitability of security officers for their role, ensuring that they meet the necessary psychological standards for safety, well-being, and job performance. This is in response to the State of Texas House Bill no. 3424 which directs that effective 1 Jan 2024:

“The commission by rule shall require an applicant for a security officer commission to complete the Minnesota Multiphasic Personality Inventory test. The department may use the results of the test to evaluate the applicant's psychological fitness.”

A. Services To Be Provided

Contractor will be responsible for the following tasks:

1. Administration of MMPI

a. Contractor shall administer one (1) of the three (3) MMPIs, MMPI-2; MMPI-2-RF; or MMPI-3, using publisher-authorized material.

b. Contractor shall schedule and conduct MMPI assessments with security officers, either in-person or through a secure, approved remote platform, such as TEAMS or Zoom.

c. Contractor shall ensure that the security officers are briefed on the MMPI process, including instructions on how to complete the inventory and any confidentiality considerations.

d. Contractor shall ensure that assessments are conducted in a private, professional, and confidential manner.

2. Scoring and Interpretation of results

a. Contractor shall analyze and score the MMPI responses.

b. Contractor shall interpret the results, considering the specific psychological and behavioral traits relevant to the security officer’s role.

c. If necessary, Contractor will meet with the security officer to clarify responses or gather additional information. This meeting can be virtually or in person.

3. Reporting Results

a. A detailed, written report will be provided to TMD’s Project Manager (Section C.5.3 TMD’s Personnel) summarizing the MMPI results and their implications for the security officer's psychological fitness for duty.

b. The report will include:

i. An overall assessment of psychological suitability for the role indicating: fitness for duty; fit with conditions; or not fit/further evaluation required.

ii. Identification of any psychological conditions or concerns that may impact job performance or safety.

iii. Recommendations for further action (e.g., additional evaluation, monitoring, or intervention), if necessary.

iv. Contractor shall evaluate MMPI validity scales and indicate whether results are interpretable, invalid, or require re-administration.

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v. Reports shall not constitute a comprehensive diagnostic evaluation unless explicitly authorized by TMD.

4. Confidentiality and Compliance

a. All testing and reporting will comply with relevant privacy laws, including Health

Insurance Portability and Accountability Act (HIPAA) and any applicable state and federal regulations concerning the confidentiality of psychological assessments.

b. Contractor must maintain strict confidentiality regarding individual test results, sharing information only with authorized personnel designated by TMD.

5. Consultation and Follow-Up

a. Contractor must be available for follow-up consultations with the employer to discuss any specific findings or concerns related to the evaluation.

b. If requested, Contractor may provide recommendations for future psychological evaluations, wellness programs, or additional support for security officers.

B. Timeline

1. Contractor must conduct assessments as scheduled, with an agreed-upon timeline for completing evaluations for each officer.

2. Contractor must submit all assessment reports within 30 calendar days of each test completion via:

a. secure email;

b. hand delivered by Contractor;

c. hand delivered by licensed courier;

d. or sent by secure mail;

e. if delivery method is by secure mail, Contractor shall email tracking number to TMD’s

Project Managers (Section C.5 TMD’s Personnel).

C.2 DELIVERABLES

Reporting and Communication

A. Regular communication will be maintained between the Contractor and TMD’s Project

Manager to ensure that assessments are progressing as scheduled.

B. All final assessment reports will be submitted to TMD’s Project Manager with a summary of findings and recommendations for each test within 30 calendar days of test completion unless otherwise approved in writing.

C. TMD may request clarification, retesting, or secondary review when results are inconclusive or contested.

D. Retesting required due to invalid results attributable to Contractor administration error may be conducted at no additional cost to TMD, subject to mutual written agreement.

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C.3 MINIMUM QUALIFICATIONS

A. Licensure Requirement Respondent, and all participating associates or subcontractors performing services under the Contract, must be licensed clinical psychologists in good standing in the State of Texas throughout the entire Contract term. Licensure must be active, unrestricted, and free of disciplinary action.

B. MMPI Training and Instrument Competency Respondent, and all participating associates, must demonstrate formal training and experience in the administration, scoring, and interpretation of the Minnesota Multiphasic Personality Inventory (MMPI) instrument proposed for use under the Contract, including evaluation of validity scales and application of standardized interpretive guidelines.

C. Experience with High-Risk and Safety-Sensitive Populations Respondent, and all participating associates, must have demonstrated experience conducting psychological evaluations for high-risk, safety-sensitive, or public safety positions, including but not limited to law enforcement officers, security personnel, military personnel, or comparable roles.

D. Fitness-for-Duty and Employment-Based Evaluation Experience Respondent must demonstrate experience performing employment-related psychological evaluations, including fitness-for-duty assessments, pre-employment screenings, or other administrative evaluations used to support hiring, credentialing, or suitability determinations.

E. Knowledge of Legal, Ethical, and Confidentiality Standards Respondent, and all participating associates, must demonstrate a thorough understanding of applicable ethical, legal, and professional standards governing psychological assessment, including but not limited to American Psychological Association (APA) ethical guidelines, Texas licensing requirements, and confidentiality obligations associated with employment-based psychological evaluations.

F. Reporting Competency Respondent must demonstrate the ability to produce clear, concise, and professionally written assessment reports suitable for review by non-clinical administrators. Reports must include validity determinations, interpretive summaries, and explicit fitness-for-duty conclusions consistent with the requirements of this solicitation.

G. Operational Capacity and Timeliness Respondent must demonstrate the operational capacity to administer MMPI assessments and deliver final reports within the timelines specified in this solicitation, including the ability to scale services to meet TMD demand as needed.

C.4 EMPLOYEE SUBSTITUTIONS OR ADDITIONS

Contractor must submit current certifications for all employees Contractor plans to add or substitute demonstrating they have the qualifications necessary to perform all work in accordance with the requirement of this solicitation by email prior to new employee starting any work.

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C.5 TMD PERSONNEL

C.5.1. TMD’s Contract Administrator

A. The Contract Administrator for administration of the Contract is Dallas Curry-Ikner

B. The telephone number for the Contract Administrator is 512-782-5344

C. The email address is Procurement@military.texas.gov

The Contract Administrator is responsible for the general administration of the Contract, negotiation of any changes, and issuance of written amendments to the Contract.

If TMD Contract Administrator and Contractor agree to amend the Contract, TMD will issue a written Amendment or Purchase Order Change Notice (POCN).

C.5.2 TMD’s Project Manager for invoices

A. The Project Manager for the Contract is Gregory Melton.

B. The telephone number for the Contract Monitor is 512-782-5566

C. The email address is Gregory.L.Melton.nfg@army.mil

C.5.3 TMD’s Assistant Project Manager for results

A. The Project Manager for the Contract is Crystal Bryant

B. The telephone number for the Project Manager is 512-782-6048

C. The email address is Crystal.bryant@military.texas.gov

TMD’s Project Managers for the Contract are responsible for the overall management and coordination of the Contract and will act as the central point of contact for TMD. The Project Managers has full authority to act for TMD in the performance of any project connected to the Contract. The Project Managers or a designated representative will meet with Contractor’s Project Manager to discuss problems as they occur.

The Project Managers are not authorized to make any representations or commitments of any kind on behalf of TMD or the State of Texas.

The Project Managers does not have the authority to alter Contractor’s obligations or to amend the Contract in any way.

C.6 INSURANCE REQUIRED UNDER THE CONTRACT

In its response, Respondent must provide a statement of its intent to obtain and maintain for the term of the Contract (and any renewal periods or additional extensions) the minimum insurance coverage specified. Respondent should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its response. Proof of mailto:Procurement@military.texas.gov mailto:Gregory.L.Melton.nfg@army.mil mailto:Crystal.bryant@military.texas.gov

Page 14 of 30 OGC Approved 10/16/2021 insurance and bond coverage may be provided in the form of current certificates of insurance. TMD and the State of Texas do not accept “self-insurance” coverage.

The awarded Contractor is required, within five business days of Notice of Award, to provide TMD with current certificates of insurance or other proof acceptable to TMD. Failure to submit acceptable proof of insurance within such time period may result in TMD’s revocation of the award.

Contractor must maintain the required insurance during the initial term and any optional renewal period exercised. Contractor is responsible for ensuring its subcontractors’ compliance with all insurance requirements.

Minimum Required Amounts of Insurance Coverage Type of Insurance Each Occurrence/Aggregate Workers’ Compensation Statutory Limits for the State of Texas or for any state Contractor’s employee resides in Employer’s Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit

Commercial General Liability (occurrence based)

Bodily Injury and Property Damage $1,000,000 Each Occurrence Limit $2,000,000 Aggregate Limit $2,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal Injury and Advertising Liability $50,000 Damage to Premises Rented $5,000 Medical Payments

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$1,000,000 Combined Single Limit (for each accident)

Umbrella/Excess Liability $1,000,000 Per Occurrence Commercial Crime $50,000 Each Occurrence Professional Liability Including errors and omissions

$1,000,000 Per Occurrence $2,000,000 Annual Aggregate

All required insurance coverage must be issued from a company or companies with a Financial Strength Rating of “A” or better from A.M. Best Company, Inc.

All insurance policies for required coverage must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to TMD. All required insurance contracts must: (1) be written on a primary and non-contributory basis with any other insurance coverages Respondent currently has in place; and (2) include a Waiver of Subrogation Clause.

All certificates of insurance for required coverage other than workers compensation and professional liability must name the Texas Military Department of the State of Texas and its board, officers, employees, and agents as additional insureds.

Contractor must:

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A. Provide all required written documentation under this section to the Contract Administrator;

B. Ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under the Contract;

C. Ensure (and represents by executing a Contract) that all required policies contain endorsements prohibiting cancellation except upon at least 30 days’ advanced written notice to TMD. The certificates of insurance must be addressed to the Texas Military Department of the State of Texas as the certificate holder;

D. Deliver all copies of changes to insurance coverage (including extensions, renewals, cancellations, and revisions) at least ten calendar days prior to any expiration of a required policy. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

Contractor must ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include Contractor’s obligations under the Contract.

Contractor’s insurance policies will provide coverage for Contractor’s principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under the Contract.

C.8 GENERAL CONFIDENTIALITY REQUIREMENTS

A. All information provided by TMD or subrecipients to Contractor, created by Contractor, or overheard, seen, or otherwise obtained by Contractor in performing the obligations under the Contract is confidential and will not be used by Contractor or disclosed to any person or entity, unless such use or disclosure is required for Contractor to perform work under the Contract.

Contractor shall obtain and retain written informed consent prior to testing, including disclosure of purpose, limits of confidentiality, and use of results. The requirements in this section also apply to subcontractors. The obligations of this section do not apply to information that Contractor can demonstrate:

1. is publicly available;

2. Contractor received from a third party without restriction on disclosure and without breach of contract or other wrongful act;

3. Contractor independently developed without regard to TMD confidential information; or

4. Is required to be disclosed by law or final order of a court of competent jurisdiction or regulatory authority, provided that Contractor will furnish prompt written notice of such required disclosure and will reasonably cooperate with TMD at TMD’s cost and expense, in any effort made by TMD to seek a protection order or other appropriate protection of its confidential information.

B. Contractor must notify TMD in writing of any unauthorized release of confidential information within two business days of when Contractor knows or should have known of such unauthorized release.

C. Contractor must notify subrecipients in writing of any unauthorized release of confidential information within two business days of when Contractor knows or should have known of any unauthorized release of confidential information obtained from subrecipient(s).

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D. Contractor must maintain all confidential information, regardless whether obtained from TMD or from subrecipient(s) in confidence during the term of the Contract and after the expiration or earlier termination of the Contract.

E. If Contractor has any questions or doubts as to whether particular material or information is confidential information, Contractor must obtain the prior written approval of TMD prior to using, disclosing, or releasing such information.

F. Contractor acknowledges that TMD’s and subrecipient(s)’ confidential information is unique and valuable, and that TMD and subrecipient(s) may have no adequate remedy at law if Contractor does not comply with its confidentiality obligations under the Contract. Therefore, TMD will have the right, in addition to any other rights it may have, to seek in any Travis County court of competent jurisdiction temporary, preliminary, and permanent injunctive relief to restrain any breach, threatened breach, or otherwise to specifically enforce any confidentiality obligations of Contractor if Contractor fails to perform any of its confidentiality obligations under the Contract.

G. Contractor must immediately return to TMD all confidential information when the Contract terminates, at such earlier time as when the confidential information is no longer required for the performance of the Contract or when TMD requests that such confidential information be returned.

H. Contractor shall retain assessment records in accordance with Texas licensing requirements and securely destroy records upon expiration of retention periods.

I. Information, documentation and other material in connection with the Contract, including Contractor’s response, may be subject to public disclosure under the Tex. Gov’t Code Chapter 552.

J. The Federal Bureau of Investigations (FBI) and TMD have computer security requirements.

Contractor’s and subcontractor’s employees working on this assignment must sign and submit appropriate agreements and abide by these security requirements, within five days of TMD’s request.

C.9 SENSITIVE PERSONAL INFORMATION

To the extent this subsection does not conflict with the section entitled “General Confidentiality Requirements,” Contractor must comply with both sections. To the extent this subsection conflicts with the section entitled “General Confidentiality Requirements,” this section entitled “Sensitive Personal Information” controls.

A. “Sensitive personal information” is defined as follows:

1. An individual’s first name or first initial and last name in combination with any one or more of the following items, if the name and the items are not encrypted:

a. Social security number;

b. Driver’s license number or government-issued identification number; or

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c. Account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to an individual’s financial account; or

2. Information that identifies an individual and relates to:

a. The physical or mental health or condition of the individual;

b. The provision of health care to the individual; or

c. Payment for the provision of health care to the individual.

B. Sensitive personal information does not include publicly available information that is lawfully made available to the public from the federal government or a state or local government.

C. “Breach of system security” is defined as follows: Unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information Contractor maintains under the Contract, including data that is encrypted if Contractor’s employee or agent accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of Contractor for the purposes of performing under the Contract is not a breach of system security unless the employee or agent of Contractor uses or discloses the sensitive personal information in an unauthorized manner.

D. Contractor must implement and maintain reasonable procedures, including taking any appropriate corrective action, to protect from unlawful use or disclosure any sensitive personal information collected or maintained by Contractor under the Contract.

E. Contractor must notify TMD, any affected subrecipients, and the affected people of any breach of system security immediately after discovering the breach or receiving notification of the breach, if sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person. However, Contractor must delay providing notice to the affected people and subrecipients at TMD’s request, if TMD determines that the notification will impede a criminal investigation. Notifications to the affected people will be made as soon as TMD determines that it will not compromise any criminal investigation.

F. Contractor must give notice as follows, at Contractor’s expense:

1. Written notice;

2. Electronic notice, if the notice is provided in accordance with 15 U.S.C. Section 7001;

3. Notice as follows:

a. If Contractor demonstrates that the cost of providing notice would exceed $250,000, the number of affected people exceeds 500,000, or Contractor does not have sufficient contact information for the affected people, Contractor may give notice as follows:

i. Electronic mail, if Contractor has an electronic mail address for the affected people;

ii. Conspicuous posting of the notice on Contractor’s website;

iii. Notice published in or broadcast on major statewide media; or

b. If Contractor maintains its own notification procedures (as part of an information security policy for the treatment of sensitive personal information) that comply with the timing requirements for notice under this subsection entitled “Sensitive Personal Information,” Contractor may provide notice in accordance with that policy.

G. If this subsection requires Contractor to notify at one time more than 10,000 people of a breach of system security, Contractor must also notify, without unreasonable delay, each consumer

Page 18 of 30 OGC Approved 10/16/2021 reporting agency (as defined by 15 U.S.C. Section 1681a) that maintains files on consumers on a nationwide basis, of the timing, distribution, and content of the notices.

H. In the event of a breach of system security, if sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person, TMD, an agency of the State of Texas, may assess and enforce, as applicable and without limitation, cyber insurance coverage requirements, indemnification, duty to defend, liquidated damages, actual damages, sanctions, rights, claims, remedies and other amounts against Contractor in accordance with the Contract that includes these Cyber Security Contract Requirements, and in accordance with other applicable law. Contractor understands that there may be constitutional and statutory limitations on TMD to enter into certain terms and conditions of the Contract that includes these Cyber Security Contract Requirements and that any such terms and conditions will not be binding on TMD except to the extent authorized by the laws and constitution of the State of Texas.

C.10 REFERENCES & PAST PROJECT PERFORMANCE SHEET

A. Respondents must identify and provide Verification of Experience, Attachment G.4, References & Past Project Performance Sheet a minimum of three (3) past or current projects of similar size and complexity performed within the past five (5) years.

B. Respondents must provide, at a minimum, the contact name, email address, phone number, and title for each reference provided.

C. Respondents must provide project-begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

Contractor must submit the reports and all additional Contractor documentation requirements in this section during the course of the Contract. These deliverables may be revised, or additional ones may be required at TMD’s sole discretion.

FREQUENCY DUE DATE REPORT ITEM AUTHORITY TMD PERSONNEL TO

RECEIVE REPORT

Upon Completion of Each Test

Upon Completion of Each Test

Invoicing - Specific to the Contract RFQ Section B.2

Payables@military.texas.gov with a copy to Contract Administrator and TMD Project Managers

With-In 30 Calendar Days of

Testing Completion

Upon Completion of Each Test

MMPI Assessment Reports RFQ Section C.2

Contract Administrator and a copy to TMD Project Managers mailto:Payables@military.texas.gov

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SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 RESPONSE PREPARATION INSTRUCTIONS

E.1.1 Purpose of Instructions

A. These instructions are designed to assure the submission of information essential to the understanding and the comprehensive evaluation of Respondent’s response.

B. Responses must be prepared in accordance with these instructions providing all required information in the format specified.

C. Failure of a response to show compliance with these instructions and submit all documentation may be grounds for disqualification of the response from further consideration unless stated otherwise within this solicitation.

E.1.2 Submission of Responses

A. Responses will be typed, paginated, contain a full table of contents, and have component sections clearly identified bookmarks.

B. Responses must be received by TMD no later than the deadline established and submitted to:

Texas Military Department Procurement and Contract Services Procurement@military.texas.gov Subject: Solicitation No. TMD26-SEC-0039103

C. Respondent must demonstrate that Respondent’s operations conform to applicable TMD, state, and federal policies and standards.

D. Respondent must submit only material directly pertinent to the requirements of this solicitation. Extraneous narrative, elaborate brochures, uninformative public relations material, including Respondent’s policies, procedures, and post orders for which no deviation to TMD Policy is being requested, and other similar documents will not be submitted.

E.1.3 Documentation of Qualifications and Experience

A. Licensure Requirement Respondent, and all participating associates or subcontractors performing services under the Contract, must be licensed clinical psychologists in good standing in the State of Texas throughout the entire Contract term. Licensure must be active, unrestricted, and free of disciplinary action.

B. MMPI Training and Instrument Competency Respondent, and all participating associates, must demonstrate formal training and experience in the administration, scoring, and interpretation of the Minnesota Multiphasic Personality Inventory (MMPI) instrument proposed for use under the

Page 20 of 30 OGC Approved 10/16/2021

Contract, including evaluation of validity scales and application of standardized interpretive guidelines.

C. Experience with High-Risk and Safety-Sensitive Populations Respondent, and all participating associates, must have demonstrated experience conducting psychological evaluations for high-risk, safety-sensitive, or public safety positions, including but not limited to law enforcement officers, security personnel, military personnel, or comparable roles.

D. Fitness-for-Duty and Employment-Based Evaluation Experience Respondent must demonstrate experience performing employment-related psychological evaluations, including fitness-for-duty assessments, pre-employment screenings, or other administrative evaluations used to support hiring, credentialing, or suitability determinations.

E. Knowledge of Legal, Ethical, and Confidentiality Standards Respondent, and all participating associates, must demonstrate a thorough understanding of applicable ethical, legal, and professional standards governing psychological assessment, including but not limited to American Psychological Association (APA) ethical guidelines, Texas licensing requirements, and confidentiality obligations associated with employment-based psychological evaluations.

F. Reporting Competency Respondent must demonstrate the ability to produce clear, concise, and professionally written assessment reports suitable for review by non-clinical administrators. Reports must include validity determinations, interpretive summaries, and explicit fitness-for-duty conclusions consistent with the requirements of this solicitation.

G. Operational Capacity and Timeliness Respondent must demonstrate the operational capacity to administer MMPI assessments and deliver final reports within the timelines specified in this solicitation, including the ability to scale services to meet TMD demand as needed.

H. Documentation of Qualifications Respondent must submit current certifications, licenses, resumes, and other qualifications for the Respondent and all participating associates or subcontractors proposed for use during the life of the Contract, demonstrating compliance with all requirements set forth in this section and the ability to perform all work in accordance with this solicitation.

E.1.4 Evaluation Criteria

In determining the best value, TMD shall consider the following best value factors:

A. Compliance with the stated specifications coupled with the quality and reliability of the goods and services, such as, but not limited to, fitness for use that meets or exceeds customers’ expectations and the characteristics of the product or service that bear on its ability to meet the stated/implied needs.

Page 21 of 30 OGC Approved 10/16/2021

B. Respondent ability, capacity, and skill to perform the contract or provide the service required;

C. Respondent ability to perform the contract or provide the service promptly, or in the time required, without delay or interference;

D. Delivery timeframe from receipt of purchase order, after receipt of order (ARO).

E. Indicators of probable performance under the Contract to include, but not limited to past Respondent performance; financial resources; ability, capacity, and skill to perform the Contract or provide the serviced required; experience or demonstrated capability and responsibility; references; and the Respondent’s ability to provide reliable maintenance agreements and support.

F. Other relevant factors, such as, but not limited to, the Respondent’s ability to comply with laws relating to the goods or services, the Respondent’s anticipated economic impact to the State or a subdivision of the State, including potential tax revenue and employment, the effect of a purchase on agency productivity, and the cost of any employee training associated with the purchase.

E.2 AMENDMENTS TO THE SOLICITATION

A. If this solicitation is amended, all terms and conditions, which are not modified, remain unchanged.

B. Respondents must acknowledge receipt of all amendments to this solicitation by signing and returning the amendment(s), identifying the amendment number and date in the space provided for this purpose on the form for submitting a response or by letter.

C. Respondents must submit the acknowledgement to TMD by the time specified for receipt of responses.

D. Failure to acknowledge amendment(s) by Respondent may subject its response to rejection.

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

A. Any response received after the specified date and time will not be considered.

B. Responses cannot be altered, amended or modified by email, fax or otherwise after closing date and time.

C. Alterations made before closing time will be initialed by Respondent or its authorized representative.

D. No responses can be withdrawn after closing date and time without approval by TMD. Should a Respondent, after closing time, request its response be withdrawn, the request must be made in writing to the Contract Administrator.

Page 22 of 30 OGC Approved 10/16/2021

F. TMD is not responsible for submissions delivered to TMD after the date and time stated on Page 1 of this solicitation. This includes delays associated with courier delivery services. It is the Respondent’s responsibility to ensure that it submits, and that TMD receives, its complete response timely. TMD recommends that Respondent submit their complete response well in advance of the due date and time stated on Page 1 of this solicitation.

G. TMD takes no responsibility for electronic responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any TMD anti-virus or other security software.

E.4 SIGNATURES ON RESPONSE SUBMITTED

A. Responses from a partnership will be signed in the firm name by at least one general partner or in the firm name by an attorney-in-fact.

B. Responses signed by an attorney-in-fact, will include a Power of Attorney evidencing the authority to sign response, dated and executed by all partners in the firm.

C. Responses from a corporation will have the correct legal corporate name and the signature of an authorized officer of the corporation.

D. The title of office held by the person signing for the corporation will appear below the signature of the officer.

E. Responses from an individual doing business under a firm or fictitious name will be signed in the same name of the individual doing business under the proper firm’s name.

F. Joint venture responses will be signed by all members or by a member of the joint venture if there is attached to the response a copy of the joint venture agreement evidencing that the response is signed by the member with authority to bind the joint venture.

E.5 RESPONSE ACCEPTANCE PERIOD

A. All responses will be valid for 180 days after the solicitation opening date and will constitute an irrevocable response to TMD for the 180-day period.

B. Such period may be extended beyond the 180 days upon mutual written agreement of both parties.

E.6 CONTRACT AWARD

A. TMD may award one or more Contracts resulting from this solicitation to the responsible Respondents, whose response, meeting or exceeding specifications and will be most the advantageous to TMD. All factors specified in this solicitation will be considered.

B. A written award or acceptance of Response mailed or otherwise furnished to successful Respondents within the time for acceptance specified in the response will result in a binding contract without further action by either party.

Page 23 of 30 OGC Approved 10/16/2021

E.7 TMD’S RIGHTS

A. TMD reserves the right to waive, change, add, or delete any terms or conditions of this solicitation.

B. TMD may:

1. reject any or all responses if such action is in the public interest;

2. and waive minor informalities and minor irregularities in responses received.

C. Waiver of deviations in any response will not constitute a modification of this solicitation and will not preclude TMD from asserting all rights against Respondent for failure to fully comply with all terms and conditions of this solicitation.

D. Copyrighted responses are unacceptable and are subject to disqualification as non-responsive.

E. TMD reserves the right to make any corrections or include additional requirements in the resulting contract prior to issuance which are necessary for TMD’s compliance, as an agency of the State of Texas, with all state and federal requirements.

F. TMD reserves the right to disqualify any response which asserts any copyright on any TMD-created form which is specifically designated by this solicitation to be a form that will be completed and included in a response submitted in response to this solicitation.

G. TMD reserves the right to reject any one response, or all responses or portions of responses submitted in response to this solicitation.

H. The submission of a response has the effect of waiving proprietary rights or confidentiality.

I. All responses and any content provided by the Respondent are considered the property of TMD for use for the life of any resulting contract as determined by TMD with respect to the scope of the project.

J. TMD reserves the right to use, for its benefit, ideas contained in the responses submitted.

K. TMD is not liable for any costs or damages that may be incurred by respondents or prospective contractors in the…