ESBD_546624_1786983122585_PCS 137 IFB Advanced Forensic Invest HHS0017224 REVISED.pdf

HHS Procurement and Contracting Services

IFB DOCUMENT

PCS 137

Page 1 of 14 Revised 12/06/2022

Invitation for Bid (IFB)

Check one: Formal Informal

IFB No.: Issue Date: Response Due Date:

HHS0017224 August 12, 2026 September 3, 2026, at 10:30 am

Formal responses may be mailed to the address in Section 4.4. E-mail and electronic responses submitted through the HHS Online Bid Room will only be accepted if indicated in the solicitation. Response may NOT be submitted by Fax.

Contact Information:

Purchaser: Katrinia Ender, CTCD, CTCM

Phone: (512) 406-2428 Email:

Katrinia.Ender@hhs.texas.gov

Mail Response, if applicable:

Hand Delivery:

Health and Human Services Commission

Attn: Bid Room Coordinator

Procurement and Contracting Services

1100 W 49th St. MC: 2020

Austin, TX 78714-9166

OR

Overnight/Express/Priority Mail Delivery:

Health and Human Services Commission

Attn: Bid Room Coordinator

Tower Building Room 108

1100 W 49th St. MC: 2020

Austin, TX 78756

OR

Email Response to:

pcsbids@hhsc.state.tx.us, OR

Submit Response Online to, if applicable:

https://hhs.texas.gov/doing-business-hhs/contracting-hhs/hhs-online-bid-room

(You must be registered to submit online.)

Ship to or Service Delivered to Location:

Dept Family and Protective Services 4900 N Lamar Blvd

Austin, TX 78751

Source of Authority

CPA/POD DIR Other:

By signing this document, respondent certifies that prices shown on this quote are true and correct. Should this bid/offer result in a Purchase Order, respondent agrees to comply with all “Terms and Conditions,” which are attached and incorporated into this document.

Check below if preference claimed under Texas Administrative Code (TAC), Title

34, Part 1, Chapter 20, Subchapter D, Division 2, Rule § 20.306:

VENDOR / RESPONDENT MUST COMPLETE

ALL ITEMS

mailto:Katrinia.Ender@hhs.texas.gov mailto:pcsbids@hhsc.state.tx.us https://hhs.texas.gov/doing-business-hhs/contracting-hhs/hhs-online-bid-room https://hhs.texas.gov/doing-business-hhs/contracting-hhs/hhs-online-bid-room

Solicitation No. HHS0017224 PCS 137

□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

□ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Services offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials, or equipment

□ Products of persons with mental or physical disabilities

□ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value.

Signature of Vendor or Authorized Representative

Print Name

(Must be manually signed; failure to sign will disqualify response.)

Texas Vendor Identification No. (or Federal Employer’s ID):

Name of Business

Street Address

City-State-Zip Code

Telephone Number

Fax Number

E-Mail Address

*By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas Bidder as defined in Tex. Gov’t Code § 2155.444(c)(2).

AWARD NOTICE: The State reserves the right to make an award on the basis of low line-item bid, low total of line items, or in any other combination that will serve the best interest of the State and to reject any and all bid items in the sole discretion of the State.

1. INTRODUCTION AND PURPOSE OF IFB

1.1 The Health and Human Services Commission (HHSC) Procurement and Contracting

Services (PCS) on behalf of the Texas Department of Family and Protective Services (DFPS) Adult Protective Services (APS) is issuing this Invitation for Bid (IFB) to enter into one Contract with one Contractor to provide two APS Advanced Forensics Investigations Trainings (Training) for its Case Workers.

1.2 Training will be held at DFPS offices in the metropolitan surrounding areas of Austin, Dallas, Ft. Worth, Houston, or San Antonio.

1.3 Training will take place over two days every State of Texas Fiscal Year during this

Contract’s Term (see Section 12).

Attachments to this IFB:

• Exhibit A – HHS Affirmation and Solicitation Acceptance

• Exhibit B – DFPS Vendor Uniform Terms and Conditions (UTCs)

• Exhibit C – DFPS Vendor Certifications and Affirmations

• Exhibit D – DFPS Supplemental and Special Conditions

• Exhibit E – Pricing Sheet

• Exhibit F – HUB Lang, HSP, and Sample

• Exhibit G – Respondent Reference Form

• Exhibit H – Online Bid Room

Class and Item:

924-16 Course Development Services, Instructional and Training 924-35 In-Service Training, Employees

924-40 Instructor-led, Classroom Training, Technical

2. AGENCY OVERVIEW

HHSC PCS and DFPS will administer the procurement process through the contract award, including IFB announcement and publication, handling of communications from the Respondents, as well as managing the receipt and evaluation of valid responses for final review and evaluation.

DFPS will administer the contract.

3. DEFINITIONS

• Appendix – Additional information and/or forms that is available in the back of this IFB document.

• Bidder– Entity or individual that submits a response to an IFB. See Respondent.

• Contract – A written document referring to promises or agreement for which the law establishes enforceable duties and remedies between a minimum of two parties.

• Contract Term – The period of time during which the Contract will be effective from begin date to end, or renewal date. The contract term may or may not be the same as the budget period.

• Debarment – An exclusion from contracting or subcontracting with state agencies on the basis of cause set forth in Title 34, Texas Administrative Code, Chapter 20, Subchapter G, and the System of Award Management (SAM).

• Deliverables – Goods or services contracted for delivery or performance.

• Due Date – Established deadline for submission of a document or deliverable.

• Effective Date – The date the contract term begins.

• Respondent – Entity or individual that submits a response to an IFB. See Bidder.

• Scope of Work – A statement that defines specific services to be performed.

• IFB – The process of notifying prospective contractors of an opportunity to provide goods or services to the State. It is used interchangeably with ‘solicitation’ in this IFB.

• Subcontractor – An entity hired by an awarded contractor to perform a portion of the scope of work by the entity contracting with DFPS as a result of this IFB. The Contractor remains entirely responsible for performance of all requirements of the Contract through monitoring the subcontractor’s performance.

• Unit Rate – Payment mechanism for services that are paid at a set rate per unit of service; for example, plumbing repair services at a prescribed rate per hour.

• Vendor – A contractor that provides goods and services that are typically procured through the open market.

• Vendor Identification Number (Vendor ID No.) – Fourteen-digit number needed for any entity to contract with the State of Texas, and which must be set up with the State

Comptroller’s Office. It consists of a ten-digit Vendor ID No. (IRS number, state agency number, or social security number) + check digit + 3-digit mail code.

4. INSTRUCTIONS TO RESPONDENTS

Before submitting a response to this IFB, read the ENTIRE IFB including Exhibit B - DFPS Uniform Terms and Conditions, Exhibit C – DFPS Vendor Certification and Affirmations, and Exhibit D - DFPS Supplemental and Special Conditions. Failure to read any part of this IFB will not relieve an awarded Contractor of their contractual obligations.

4.1. Failure to comply with this section may result in disqualification of a Respondent’s Application.

4.2. Responses to this IFB will be received until the date and time shown above. Incomplete or late responses will not be considered.

4.3. The preferred methods of response are online bid portal or via email. Responses will be emailed to pcsbids@hhsc.state.tx.us or via the HHS Online Bid Room (see Exhibit H).

Faxed responses will not be accepted. Response sent to any other email address will not be accepted.

4.4. If submitting by hand delivery, overnight/express/priority delivery, all documents should be submitted on a single USB drive and must be in Microsoft office® formats

(Word® and Excel®, as applicable) or in a form that may be read by Microsoft office® software. Any documents with signatures shall be submitted as an Adobe® portable document format (PDF) file. HHSC is not responsible for documents that cannot be mailto:pcsbids@hhsc.state.tx.us read or converted. Unreadable responses may be, in HHSC’s sole discretion, rejected as nonresponsive.

4.5. The Response must include all documentation required by this Solicitation.

A. Submit one USB drive of the complete response package – hard copy responses will not be accepted.

B. The USB drive must be enclosed in properly documented and sealed envelope or sealed carton.

C. The envelope or carton must be properly labeled, on the face or top of each, with the following:

1. Bidder’s name

2. Contact name for response

3. Phone number for response contact

4. Solicitation number from the cover page of this Solicitation

5. HHSC PCS purchaser name (Questions, Section 5).

Responses to this solicitation may be submitted in original hard copy to the address below. An authorized officer of the Respondent must manually sign submittal.

Hand Delivery Overnight/Express/Priority Mail Delivery

Health and Human Services Commission Attn: Bid Room Coordinator Procurement and Contracting

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

Health and Human Services Commission Attn: Bid Room Coordinator Tower Building Room 108

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

Fax responses will NOT be accepted. Emailed responses and responses submitted electronically through the HHS Online Bid Room will be accepted. Emailed responses must be submitted to pcsbids@hhsc.state.tx.us. For instructions on registration and use of the HHS Online Bid Room, (see Exhibit H). Online, electronic responses must be submitted to https://hhs.texas.gov/doing-business-hhs/contracting-hhs/hhs-online-bid-room.

HHSC/PCS will not be responsible for failure of electronic equipment or operator error. Late, illegible, incomplete, or otherwise non-responsive submissions will not be considered. DFPS will not be held responsible for any solicitation response that is mishandled prior to receipt by DFPS. DFPS will not be responsible for any technical issues that result in late delivery, inappropriately identified documents, or other submission error that may lead to disqualification (including substantive or administrative) or nonreceipt of the Respondent’s proposal.

All solicitation responses become the property of HHSC after submission and will not be returned to Respondent. It is the Respondent’s responsibility to appropriately mark and deliver the solicitation response to HHSC by the specified date. A U.S. Postal Service (USPS) postmark or round validation stamp; a mail receipt with the date of mailing, mailto:pcsbids@hhsc.state.tx.us stamped by the USPS; a dated shipping label, invoice of receipt from a commercial carrier; or any other documentation in lieu of the on-site time stamp WILL NOT be accepted.

Response must include all required information/documents for this specification but may contain additional information considered pertinent by Respondent. HHSC/PCS reserves the right to reject any or all responses.

4.6. Procurement Schedule

Calendar of Events Due Date

IFB Release Date 08/12/2026

Courtesy HUB Review Deadline 08/20/2026

Respondent’s Written Questions Due Date 08/21/2026

Deadline for to Post Written Answers 08/25/2026

IFB Submission Deadline 09/03/2026

Anticipated Contract Start Date Date of Award

5. QUESTIONS

The sole point of contact for inquiries concerning this IFB is:

Purchaser’s name: Katrinia Ender Telephone: 512-406-2428 E-mail address: Katrinia.Ender@hhs.texas.gov

Questions may also be submitted directly to the sole point of contact through the HHS Online Bid Room (see Exhibit H).

Direct all communications relating to this IFB to the HHSC/PCS point of contact named above. All other communications between a Respondent and HHS agency Case Worker concerning this IFB are prohibited. In no instance is a Respondent to discuss cost information contained in a response with the HHSC/PCS point of contact or any other Case Worker prior to response evaluation. Failure to comply with these requirements may result in Response disqualification.

6. HHSC/PCS AMENDMENTS AND ANNOUNCEMENTS REGARDING THIS IFB

HHSC/PCS will post all official communication regarding this IFB on the ESBD website, including the notice of award for IFBs exceeding $25,000. HHSC/PCS reserves the right to revise the IFB at any time. Any changes, amendments, or clarifications will be made in the form of written responses to Respondent questions, amendments, or addendum issued by HHSC/PCS on the ESBD website. Respondents should check the website frequently for notice of matters affecting the IFB.

7. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS

HHSC is committed to promoting full and equal business opportunities for businesses in state contracting in accordance with the goals specified in the State of Texas Disparity Study. HHSC encourages the use of Historically Underutilized Businesses (HUBs) through race, ethnic, and gender-neutral means. HHSC has adopted administrative rules relating to HUBs, and a Policy on the Utilization of HUBs, which is located on HHSC’s website.

mailto:Katrinia.Ender@hhs.texas.gov https://hhs.texas.gov/doing-business-hhs/hub-program/policy-using-hubs

During the term of the original contract, HHSC and the awarded contractor(s) may have the opportunity to modify its arrangement, which may require a new scope of work through an amendment, renewal, or extension of the contract. As a result, the amendment, renewal, or extension of the contract may potentially increase the contract value to equal or exceed

$100,000. As applicable and in accordance with statute and the HUB rules, the HHSC HUB Program Office may review the proposed amendment, renewal, or extension for potential subcontracting opportunities and for the inclusion of the HUB Subcontracting Plan.

The HHSC HUB Coordinator has reviewed the service requirements of this IFB and has determined that subcontracting opportunities are probable for part or all the required services.

Reference the following Exhibits, included as a part of this IFB:

Exhibit F – HUB Language, HUB Subcontracting Plan, Sample CMBL-HUB Vendor

• HUB Subcontracting Plan (HSP) – Must be properly completed and returned with

Response to this Solicitation. Responses received without a properly completed HSP will be disqualified.

Courtesy Review of HSP A courtesy review of a Bidder’s completed HSP is optional and is available to assist Bidders in providing a compliant and responsive HSP. This courtesy review may only identify possible deficiencies.

To request a courtesy review, submit the completed HSP including all supporting documentation in a PDF format by e-mail to the HHSC HUB Program Office by or before the

Courtesy Review of HUB Subcontracting Plan deadline in the Procurement Schedule.

• E-Mail for Courtesy Review: dfpshub@dfps.texas.gov

• E-mail Subject Line: HSP Courtesy Review, IFB No. HHS0017224, Due Date

HSPs received after the “Courtesy Review of HUB Subcontracting Plan” deadline in the Procurement Schedule or deadlines established in subsequent Addenda, will not be reviewed, and will be returned to the requestor.

The final HSP must be submitted by the response submission deadline identified in the

Procurement Schedule or deadlines established in subsequent Addenda. Responses received without a properly completed HSP will be disqualified.

8. ESTIMATED QUANTITIES

Neither HHSC/PCS nor DFPS guarantees the acquisition of any quantities of goods or services during the term of the Contract. "Quantity" information is provided only as a guideline for preparing the response. The quantity information should not be construed as representing anticipated or actual quantities that will be ordered.

9. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES (DFPS) MISSION

The mission of DFPS is to protect children, the elderly, and people with disabilities from abuse, neglect, and exploitation by working with clients, families, and communities.

https://comptroller.texas.gov/purchasing/docs/hub-forms/hsp-allfms.pdf mailto:dfpshub@dfps.texas.gov

10. IFB PURPOSE AND BACKGROUND

This APS Case Worker Training will strengthen the forensic investigations on crimes against the elderly and persons with disabilities and expand a Case Worker’s knowledge and skill to develop a case for civil or criminal actions.

10.1. SCOPE OF WORK (SOW) TO BE PERFORMED

For this IFB, the Respondent who is awarded this IFB’s resulting Contract, will be known as the Contractor and these references are used interchangeably in this IFB.

10.2. Training Requirements.

A. DFPS will provide in writing to the Contractor, their final approval of all Training logistics, which includes, but is not limited to location, dates, course content, handout or materials.

1. As required by APS, the Contractor will make any edits, corrections and/or modifications related to anything provided by Contractor under this IFB’s Resulting Contractor.

2. Contractor is responsible for the cost of printing and will provide all Training materials and handouts.

B. Contractor will conduct two Trainings for DFPS APS Case Workers that will be on consecutive days for each State of Texas Fiscal Year (SFY) during this IFB’s resulting Contract. The SFY is September 1st to August 31st.

C. Trainings will be held at DFPS offices in the surrounding metropolitan areas of

Austin, Dallas, Ft. Worth, Houston, or San Antonio.

D. Contractor’s focus for Trainings is to provide APS Case Worker with best practice standards related to the forensic investigation of crimes against the elderly and persons with disabilities and improve their investigative skills.

E. Contractor’s Trainings will enable APS Case Workers to develop a case that will meet the APS Policy and Legal requirements for:

1. Civil actions such as guardianship proceedings, Emergency Order for Protective Services; and/or

2. Criminal prosecution.

F. Contractor’s Training will use examples and techniques provided by APS to the Contractor for situations that are APS-specific such as dealing with investigation of cases of abuse, neglect and exploitation of elderly and disabled clients.

G. When developing Training, Contractor will use the APS Policy, Texas Civil Practice and Remedies, Criminal Procedure, Penal, and Family Codes along with Texas Law Enforcement policies and procedures.

H. At a minimum, Contractor’s Training must include the following:

1. Medical Aspects of Abuse of the Elderly and People with Disabilities;

2. Forensic Investigative Techniques;

3. Scene Investigation and Photography;

4. Timeline Development;

5. Interviewing APS Clients;

6. Interviewing Alleged Perpetrators; and

7. Legal Requirements for Building a Court Case.

I. As provided for in Subsections D-H above, Contractor will provide DFPS Learning and Development (DFPS L&D) and the APS Professional Development Specialist with an electronic copy of the course overview, learning objectives, and ten to 15 Training learning assessment questions within 14 calendar days of Contract Execution.

J. APS will provide Contractor with the Training Sign-In Sheet (DFPS Form F-504- 4316b Training Sign-In Sheet) and any other document required by DFPS to use for each training and ensure the form is completed by APS Case Workers attending the Training.

K. The Contractor will electronically submit this Form and any other documents to DFPS L&D Staff and any other DFPS staff as directed by DFPS to the Contractor within seven calendar days of the Training session.

10.3. Contractor will respond to all communication from DFPS no later than two business days after receiving it.

10.4. Contractor will prepare additional written reports for DFPS when requested and in the format required by DFPS.

10.5. Contractor will comply with the DFPS Vendor Uniform Terms and Conditions (Exhibit B).

10.6. DFPS Responsibilities.

A. DFPS staff will provide all resources to the Contractor needed to develop the

Training.

B. DFPS L&D Staff will manage enrollment and withdrawal from the Training within the DFPS Learning Management System (LMS).

C. DFPS will provide a list of APS Case Workers attending each Training.

10.7 Both Parties Responsibilities.

A. In addition to the Contractor’s requirement in Section 11.3 above, the Parties will maintain ongoing communication on all aspects of this IFB’s resulting Contract, which includes but is not limited to Training schedules, locations, APS Case Worker participant enrollment, and any necessary changes to planned Trainings, address any required rescheduling, cancellations, or modifications due to unforeseen circumstances, and whether this IFB’s resulting Contract needs to a written amendment.

B. Parties will provide specific Contact Information necessary for the Contractor to provide services under this IFB’s Contract Documents.

11. COST OF SERVICES

Respondents must propose training rate for providing these services on the Pricing Sheet (Exhibit E).

12. CONTRACT TERM

DFPS will award one Contract that starts on Date of Award and will end on August 31, 2031.

This five-year term will consist of a four-year contract with a one-year extension option.

13. INVOICING AND PAYMENTS

13.1. All payments by DFPS under this IFB’s resulting Contract will be in accordance with the Texas Prompt Payment Act (Texas Government Code Chapter 2251).

13.2. The Contractor will submit invoices by email to the DFPS Contract Manager within 14 business days after completion of the Training and in the format required by DFPS and the Texas Prompt Payment Act (Texas Government Code, Chapter 2251).

14. INSURANCE

The Respondent agrees to comply with Insurance requirements in the DFPS Vendor Uniform Terms and Conditions (Exhibit B).

15. REMEDIES AND DISPUTES

Respondent agrees to comply with the remedies and dispute requirements in the DFPS Vendor Uniform Terms and Conditions (Exhibit B) and DFPS Vendor Supplemental and

Special Conditions (Exhibit D).

16. REFERENCES

Respondents must submit with response a list of business references (minimum of three) for which they have provided similar services for in the last two years – see Respondent Reference Form (Exhibit G). Respondent’s references should include at a minimum the company name, company point-of-contact, phone number, address, city, state, zip code and description of services provided, including language(s) interpreted (see Respondent

Reference Form (Exhibit G). Failure to submit required list of references may cause response to be disqualified. HHSCPCS may contact any or all references prior to an award.

Any negative response may result in disqualification of the Respondent’s submittal.

17. MINOR INFORMALITY OR WITHDRAWAL OF RESPONSE

Responses may be withdrawn from consideration at any time prior to the response submission deadline. A written request for withdrawal must be made to the HHSC/PCS sole point of contact. A Respondent has the right to amend its response at any time and to any degree by written notice of changes or corrections in a sealed letter or carton to the Response Coordinator prior to the response submission deadline. HHSC reserves the right to waive minor informalities in a Response and award a contract that is in the best interests of the State of Texas. A minor informality may include, but is not limited to, a minor irregularity or error such as a clerical error in the production of copies of the response.

When HHSC determines that a response contains a minor informality, HHSC will notify the Respondent of the irregularity or error and will provide the Respondent with the opportunity to correct.

18. EVALUATION

18.1. Any negative result concerning submission information, references or forms may cause response to be disqualified.

18.2. In evaluating responses to determine the best value for the State, HHSC/PCS may consider information related to past contract performance or results of a Respondent including, but not limited to CPA’s Vendor Performance Tracking System.

18.3. All responses will be evaluated in a standard manner and will be rated according to the following criteria.

A. Cost of Services.

This is significant in the overall evaluation of the responses. However, DFPS is not obligated to select the lowest cost response. The award will be made to the Respondent(s) whose responses are most advantageous to DFPS cost and other factors considered.

B. Experience and Performance Record

DFPS reserves the right to consider Respondent’s experience with this agency or contact individuals or businesses, whether private or governmental, which might have information bearing on the performance record of respondents.

C. Capabilities

Evaluation will be based upon your response to this IFB, overall experience, and Respondent’s capabilities with particular emphasis on the degree of supervision and number of employees that will be provided to perform this Contract.

19. AWARD

19.1. DFPS has the right to make one or more awards on the basis of a low line item, low total (group or groups) or in any other combination, to the lowest Respondent meeting or exceeding all advertised specifications, performance requirements, and terms and conditions, that will best serve the interests of the State. DFPS will be sole judge of “the best interest of the State.”

19.2. A contract award or awards will be made to the highest-ranked Respondent(s) after DFPS is satisfied that the Respondent has met stipulations contained in this IFB, and that the Respondent can perform per specifications, terms, and conditions. DFPS may also opt not to issue an award with regard to this IFB. During the life of this Contract, DFPS reserves the right to solicit for services that would normally be performed/accomplished using this Contract if it deems that by doing so would be in the best interest of the State.

20. PROTEST PROCEDURES

Texas Administrative Code, Title 1, Part 15, Chapter 391, Subchapter C outlines HHSC’s respondent protest procedures.

21. CONFIDENTIAL OR PROPRIETARY INFORMATION

Bidder Requirements Regarding Disclosure Proposals and contracts are subject to the Texas Public Information Act (PIA), Texas

Government Code Chapter 552, and may be disclosed to the public upon request. Other legal authority also requires HHSC to post certain contracts and Solicitation responses on its http://www.window.state.tx.us/procurement/prog/vendor_performance/ https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=15&ch=391&sch=C&rl=Y https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm public website and to provide such information to the Legislative Budget Board for posting on its website.

Under the PIA, certain information is protected from public release. If Bidder asserts that information provided in its Solicitation Response is exempt from disclosure under the PIA, Bidder must:

21.1. Mark Original Proposal

A. Mark the Original Proposal, on the top of the front page, with the words

“CONTAINS CONFIDENTIAL INFORMATION” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger); and

B. Identify, adjacent to each portion of the Solicitation Response, that Bidder claims are exempt from public disclosure, the claimed exemption from disclosure (NOTE:

no redactions are to be made in the Original Solicitation Response).

21.2. Certify in Original Solicitation Response - HHS Solicitation Affirmations (Exhibit A).

A. Certify, in the designated section of the HHS Solicitation Affirmations, Bidder’s confidential information assertion and the filing of its Public Information Act Copy;

and

B. Submit Public Information Act Copy of Proposal.

1. Submit a separate “Public Information Act Copy” of the Original Proposal (in addition to the original and all copies otherwise required under the provisions of this Solicitation).

2. The Public Information Act Copy must meet the following requirements:

a. The copy must be clearly marked as “PUBLIC INFORMATION ACT COPY” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger);

b. Each portion Bidder claims is exempt from public disclosure must be redacted (blacked out); and

c. Bidder must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection (c) of this section must be identical to those set forth in the Original Proposal as required in Subsection (a)(2), above. The only difference in required markings and information between the Original Proposal and the “Public Information Act Copy” of the proposal will be redactions - which can only be included in the “Public Information Act Copy.” There must be no redactions in the Original Proposal.

By submitting a response to this Solicitation, Bidder agrees that, if Bidder does not mark the Original Solicitation Response, provide the required certification in the

HHS Solicitation Affirmations, and submit the Public Information Act Copy, Bidder’s Solicitation Response will be considered to be public information that may be released to the public in any manner including, but not limited to, in accordance with the Public Information Act, posted on the HHS public website, and posted on the Legislative Budget Board’s public website.

If any or all Bidders submit partial, but not complete, information suggesting inclusion of confidential information and failure to comply with the requirements set forth in this section, HHSC, in its sole discretion and in any solicitation, reserves the right to (1) disqualify all

Bidders that fail to fully comply with the requirements set forth in this section, or (2) to offer all Bidders that fail to fully comply with the requirements set forth in this section additional time to comply.

Bidder should not submit a Public Information Act Copy indicating that the entire proposal is exempt from disclosure. Merely making a blanket claim that the entire proposal is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable, and may make the entire Solicitation Response subject to release under the PIA.

Solicitation Responses should not be marked or asserted as copyrighted material. If Bidder asserts a copyright to any portion of its proposal, by submitting a proposal, Bidder agrees to reproduction and posting on public websites by the State of Texas, including HHSC and all other state agencies, without cost or liability.

HHSC will strictly adhere to the requirements of the PIA regarding the disclosure of public information. As a result, by participating in this solicitation process, Bidder acknowledges that all information, documentation, and other materials submitted in the Solicitation Response in response to this Solicitation may be subject to public disclosure under the PIA.

HHSC does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the PIA and by rulings of the Office of the Texas Attorney General. Bidders are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information. HHSC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Bidders.

For more information concerning the types of information that may be withheld under the PIA or questions about the PIA, refer to the Public Information Act Handbook published by the Office of the Texas Attorney General or contact the attorney general’s Open Government

Hotline at (512) 478-OPEN (6736) or toll-free at (877) 673-6839 (877-OPEN TEX). To access the Public Information Act Handbook, visit the attorney general’s website at http://www.texasattorneygeneral.gov.

http://www.texasattorneygeneral.gov/ http://www.texasattorneygeneral.gov./

Appendix A – RESPONDENT CHECKLIST FOR SUBMISSION OF RESPONSE The following is checklist of certain required and requested items in this IFB to assist the Respondent in responding to this IFB. Failure to submit required information may cause response to be disqualified.

Respondent should submit response in accordance with the instructions on Page 1 of this IFB. Response must be submitted in a sealed envelope referencing the following information in the lower left corner of the envelope: opening date & time, requisition number and Respondent’s name and address.

Respondent must sign and return Page 1 of the IFB. Unsigned responses will not be considered under any circumstance.

Respondent will complete Payee ID Number, full business name, and address of

Respondent on Page 1 of the IFB.

Respondent must read the IFB thoroughly and understand that by signing the response the Respondent represents that they have read and understood the specifications as well as the Terms and Conditions.

Respondent must submit with response a list of business references on Respondent

Reference Form (Exhibit G). Failure to submit required list of references may cause response to be disqualified.

Respondent will submit with response, the following completed forms and information. Failure to return form(s) may cause response to be disqualified.

Page 1 of the IFB with signature Exhibit A – Affirmation and Solicitation Acceptance Form Exhibit C – DFPS Vendor Certifications and Affirmations Exhibit E – Pricing Sheet Exhibit F – HUB Subcontracting Plan (HSP)

Exhibit G – Respondent Reference PCS 121 Addendum Acknowledgement Form(s), (if issued), signed Copies of Certifications, License, Registration, and Permits, if applicable