ESBD_551407_1787925208327_RFP Continuing Competence Approval_2026_final.pdf

Texas Board of Physical Therapy Examiners

1801 Congress Ave, Suite 10.900

Austin, TX 78701

REQUEST FOR PROPOSALS

RFP No. 533-26-20262

PHYSICAL THERAPY PEER-REVIEW CONTINUING

COMPETENCE APPROVAL SYSTEM

NIGP Class/Item: 92405-Advisory Services, Educational

RFP Issue Date: August 28, 2026 Questions Due: September 11, 2026 4:00 pm CT Agency Written Answers Provided: September 18, 2026 4:00 pm CT Proposal Due Date: September 30, 2026 4:00 pm CT Anticipated Commencement Date January 4, 2027

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. PT BOARD RESPONSIBILITIES

9. ADDING NEW SERVICES TO CONTRACT AFTER AWARD

10. VetHUB SUBCONTRACTING

11. CONTRACT ADMINISTRATION

12. SCHEDULE OF FEES

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

2. INQUIRIES

3. PROPOSAL CONTENT

4. PROPOSAL SUBMISSION

5. DELIVERY OF PROPOSALS

6. EVALUTION AND AWARD

SECTION III – STANDARD TERMS AND CONDITIONS

1. INTRODUCTION

2. THE RFP PROCESS

3. CONTRACT INFORMATION

4. CONTRACT MANAGEMENT

5. FINANCIAL INFORMATION

6. CONFIDENTIALITY AND SECURITY

7. TERMS AND CONDITIONS………………………………………………………… 35

EXHIBIT A – Execution of Proposal EXHIBIT B – Schedule of Fees

EXHIBIT C – Company Profile EXHIBIT D – Key Personnel EXHIBIT E – Past Projects with Corresponding References APPENDIX A – Definitions

SECTION I – GENERAL INFORMATION AND SCOPE OF WORK

1. INTRODUCTION

1.1. The Texas Board of Physical Therapy Examiners (PT Board) is soliciting proposals from qualified individuals or entities to develop, administer, and maintain a peer-review continuing competence approval system based on the applicable provisions of the Texas Physical Therapy Practice Act and Rules and under the oversight of the PT Board in order to ensure high quality continuing competence opportunities for physical therapists and physical therapist assistants licensed in Texas.

1.2. Physical therapists and physical therapist assistants licensed in Texas are required to complete board-approved continuing competence activities in order to renew their license biennially.

1.3. Texas Occupations Code, Title 3, Subtitle H, Chapter 453, Section 453.254 authorizes the PT Board to select appropriate organizations to approve continuing competence activities through the request for proposals process.

1.4. The PT Board is seeking comprehensive expertise and experience in developing an online management system for the approval process which, at a minimum, will include;

1.4.1. Acceptance of approval applications from sponsors of continuing competence activities or individuals who have participated in continuing competence activities.

1.4.2. Dissemination of completed applications for peer review according to guidelines based on mandatory continuing competence requirements established by the PT Board.

1.4.3. Online search capability for all approved continuing competence activities and accredited providers.

1.4.4. Maintenance of a continuing competence online repository system for licensees to store and track their completed continuing competence.

1.5. An individual or entity approved by the PT Board will be authorized to:

1.5.1. Accredit providers according to criteria approved by the PT Board.

1.5.2. Evaluate and approve continuing competence activities including the authority to give, deny, withdraw and limit accreditation of providers and approval of continuing competence activities.

1.5.3. Charge and collect fees for the approval process and accredited provider status.

1.6. An individual or entity approved by the PT Board will be required to submit timely reports to the PT Board regarding the administration of the continuing competence approval system.

2. SOLICITATION METHOD AND INTENT

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

3. CONTRACT TERM

3.1. Initial Contract Term: The term of this contract/agreement will commence on January 4, 2027 and expire on December 31, 2031. The contract/agreement will not automatically renew.

3.2. Contract Extensions: The PT Board may extend the Contract/Agreement for up to six months following the end date for additional time as deemed necessary to secure proposals through the request for proposals process for a new contract/agreement.

3.3. Termination:

3.3.1. Termination by Mutual Agreement: PT Board and Contractor reserve the right to terminate contract upon mutual written consent.

3.3.2. PT Board in its sole discretion reserves the right to terminate any resulting contract for convenience with a thirty (30) days written notice to the Contractor.

3.3.3. PT Board in its sole discretion reserves the right to terminate any resulting contract for failure to timely meet all requirements including but not limited to maintaining, administering, updating, and reporting with a thirty (30) day written notice to the Contractor. Contractor is liable for any and all damages and costs incurred by PT Board.

3.3.4. The contract is subject to termination or cancellation, without penalty to the PT Board, wither in whole or in part, subject to the availability of state funds.

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

4. QUANTITIES

4.1. Unless otherwise stated, the resulting contract award does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this solicitation and resulting contract/agreement.

4.2. The PT Board reserves the right to award to a single respondent.

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 as an administrator and approver of continuing competence activities.

5.1.2. Shall have a minimum of five (5) years of professional experience providing such services.

5.1.3. Shall be in good financial standing. The PT Board 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 a minimum of three (3) projects similar in size and scope to the project described herein.

5.2.2. Experience with the physical therapy profession and physical therapy continuing competence.

5.3. Supporting Documentation: Respondent shall include documentation with response submission to support the above qualifications and experience.

5.3.1. Exhibit C - Company Profile.

5.3.2. Exhibit D - Key Personnel

5.3.3. Exhibit E - Past Projects with Corresponding References

5.4. The PT Board 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

The following specifications are required of the contactor for this project:

6.1. Administration:

6.1.1. Develop, administer, and maintain a continuing competence approval system including at a minimum:

6.1.1.1. online submission of continuing competence approval applications;

6.1.1.2. dissemination of completed approval applications for peer review;

6.1.1.3. online search capability for approved continuing competence activities and accredited providers; and

6.1.1.4. online repository for storing and tracking of continuing competence completion documents by licensees of Texas.

6.1.2. Make applicable change(s) to the system when necessitated by changes to the PT Practice Act/Rules or by direction of the PT Board.

6.1.3. Submit quarterly reports on the administration of the approval process to the PT

Board to include at a minimum:

6.1.3.1. number of continuing competence activities approved;

6.1.3.2. number of continuing competence activities pending approval;

6.1.3.3. processing time for non-issue applications;

6.1.3.4. processing time for issue applications;

6.1.3.5. types of issues with applications;

6.1.3.6. newly approved accredited providers;

6.1.3.7. course sponsors pending accredited provider status;

6.1.3.8. number and categories of peer reviewers;

6.1.3.9. audit results of approved continuing competence activities;

6.1.3.10. audit results of accredited providers;

6.1.3.11. participation numbers for online repository system;

6.1.3.12. updates to continuing competence approval policy manual;

6.1.3.13. questions relative to the continuing competence approval system;

6.1.3.14. recommendations relative to the continuing competence approval system.

6.1.4. Manage all application fee payments through a secured platform/gateway.

6.1.5. Maintain records of all continuing competence applications for four (4) years and make records available to the PT Board for review upon request.

6.1.6. Develop and maintain a continuing competence approval policy manual for approval by the PT Board.

6.2. Development:

6.2.1. The contractor will be responsible for the development of the following components of the continuing competence approval system in conformance with the applicable provisions of the PT Practice Act/Rules and with final approval by the PT Board.

6.2.1.1. Course sponsor and individual licensee approval applications for the varied categories of qualifying continuing competence activities pertinent to the physical therapy profession and in the areas of ethics, professional responsibility, clinical application, clinical management, behavioral science, science, or risk management to include at a minimum:

6.2.1.1.1. continuing education (CE), i.e.

6.2.1.1.1.1. live programs, including webinars;

6.2.1.1.1.2. self-study programs, including recorded webinars;

6.2.1.1.1.3. regular inservice-type programs over a one-year period.

6.2.1.1.2. conferences with concurrent CE courses;

6.2.1.1.3. college courses relevant to PT (non-post professional);

6.2.1.1.4. publications, i.e.

6.2.1.1.4.1. newspaper articles;

6.2.1.1.4.2. magazine articles;

6.2.1.1.4.3. publication in peer reviewed journals;

6.2.1.1.4.4. monographs;

6.2.1.1.4.5. single book chapters; and

6.2.1.1.4.6. entire book or multiple chapters in a book.

6.2.1.1.5. manuscript review for peer reviewed publications;

6.2.1.1.6. grant proposal for physical therapy research;

6.2.1.1.7. grant review for research pertinent to healthcare;

6.2.1.1.8. course development for other health professions;

6.2.1.1.9. guest lecturer for other health professions; and

6.2.1.1.10. continuing education course development, presentation, or co-presentation.

6.2.1.2. Process for awarding continuing competence units (CCUS) based on the standards adopted by the PT Board.

6.2.1.3. Process for peer-review of submitted approval applications by subject matter experts (SME).

6.2.1.3.1. SMEs to be selected on basis of the following in physical therapy:

6.2.1.3.1.1.education;

6.2.1.3.1.2. advanced training;

6.2.1.3.1.3. specialization; and

6.2.1.3.1.4. experience.

6.2.1.4. Process time for completed applications to be no longer than four (4) weeks.

6.2.1.5. Process for awarding accredited provider status to sponsors with past performance of approved continuing competence activities based on criteria established by the PT Board.

6.2.1.6. Process for auditing approved courses and accredited providers for compliance with program design.

6.2.1.7. Fee schedule for sponsor and individual course approval and accredited provider status.

6.2.1.8. Continuing competence approval policy manual.

6.3. Performance

6.3.1. Acceptable performance of the administration and development of the continuing competence approval system will be described as part of the Contract/Agreement.

6.3.2 Steps to be taken as the result of poor performance will be described as part of the Contract/Agreement.

7. CONTRACTOR REQUIREMENTS

7.1. Contractor must have proven experience and expertise in developing and implementing a physical therapy peer-review continuing competence approval system.

7.2. Contractor agrees to conduct all services under the awarded contract by and through appropriate communications with PT Board.

7.3. Contractor shall provide service in accordance with requirements specified in this RFP and the resulting contract and adhere to the PT Board’s terms and conditions in accordance to the rules and regulations set forth in the PT Practice Act/Rules pertaining to continuing competence.

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 shall provide online management system consistent with industry accepted standards as to platforms, software, applications, network, tools, etc. in order to maintain an online continuing competence approval management system in a secured environment.

7.6. Contractor shall provide a secured payment platform/gateway for collection of fees associated with the continuing competence approval management system.

7.7. Contractor shall provide to the PT Board access, via secure login, to approved course list and accredited provider information and to the online continuing competence repository.

7.8. Contractor shall be responsible for all costs incurred in the performance of the contract.

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

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

7.11. Contractor shall not enter into agreement with subcontractors or assign the contract to a differing entity without prior written approval of PT Board.

8. PT BOARD RESPONSIBILITIES

8.1. PT Board shall designate an internal point of contact for coordination or services, questions, and reporting upon contract award.

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

8.3. PT Board shall review each component of the work product in progress.

8.4. PT Board shall provide suggestions for improvement and inclusion of the work product.

8.5. PT Board shall develop and maintain list of continuing competence activities that do not require approval under the peer-review continuing competence approval system.

8.6. PT Board shall approve the final peer-review continuing competence approval system.

8.7. PT Board shall audit the continuing competence approval system for adherence to the PT

Practice Act/Rules and PT Board’s directives.

9. ADDING NEW SERVICES TO CONTRACT AFTER AWARD

9.1. Following the contract award, PT Board reserves the right to issue a separate solicitation for any additional services requested.

9.2. Except as herein provided, no order, statement, or conduct of the PT Board shall be treated as a change under this section.

10. VetHUB SUBCONTRACTING

The PT Board has determined that there are no probable VetHUB subcontracting opportunities for this solicitation.

11. CONTRACT ADMINISTRATION

The PT Board Coordinator will serve as the contract administrator and manager of the resulting contract, if any from this RFP.

12. SCHEDULE OF FEES

12.1. Contractor shall be responsible for developing a schedule of fees for continuing competence approval services.

12.1.1. Fee for approval of course(s) submitted by course sponsor to be based on number of assigned continuing competence units (CCUs).

12.1.2. Fee for approval applications submitted by individual licensees who have participated in the continuing competence activity to be a flat fee.

12.1.3. Fee for Accredited Providers status to be an annual or biennial flat fee.

12.2. Fee schedule and any changes to fees shall be approved by the PT Board.

12.3. There shall be no cost incurred by the PT Board for any aspect of the approval process.

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

1.1. The PT Board intends to proceed according to the following schedule. These dates represent a tentative schedule of events; however, the PT Board 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: August 28, 2026 Questions Due: September 11, 2026 4:00 pm CT Agency Written Answers Provided: September 18, 2026 4:00 pm CT Proposal Due Date: September 30, 2026 4:00 pm CT Anticipated Commencement Date January 04, 2027

2. INQUIRIES

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

Randall Glines, Staff Services Officer

Executive Council of Physical Therapy & Occupational Therapy Examiners 1801 Congress Ave, Suite 10.900

Austin, Texas 78701 randall@ptot.texas.gov

Secondary Point of Contact

Nicole Palmer, Staff Services Officer Executive Council of Physical Therapy & Occupational Therapy Examiners

1801 Congress Ave, Suite 10.900 Austin, Texas 78701 nicole@ptot.texas.gov

2.2. Deadline for submission of questions: To provide the PT Board with sufficient time to adequately prepare response to vendor inquiries, all questions must be submitted by the deadline specified in Section II, Subsection I.

mailto:randall@ptot.texas.gov mailto:nicole@ptot.texas.gov

3. PROPOSAL CONTENT

3.1. General Response Format (mailed submission): Respondent shall submit one (1) original proposal signed in ink and marked as original. Submission shall be on 8-1/2 x 11-inch paper and tab-indexed corresponding to the sections/exhibits listed below, or

3.2. General Response Format (electronic submission) Respondent shall submit one (1) original proposal signed in ink and marked as original. Submission 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 – Schedule of Fees

3.3.3. Exhibit C – Company Profile

3.3.4. Exhibit D – Key Personnel

3.3.5. Exhibit E – Past Projects with Corresponding References

3.4. 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.

4. PROPOSAL SUBMISSION

4.1. All proposals shall be received and date/time stamped by the PT Board personnel prior to 4:00 PM Central Time on the date specified in Schedule of Events located on the cover page, and the place specified in Section II, Subsection 5. Late proposals will not be considered and will be returned unopened.

4.2. Proposals shall be placed in a sealed envelope/package or electronically mailed 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 the PT Board 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 the PT Board 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 the PT Board after the RFP submittal deadline. Responses shall constitute an offer for a period of one hundred twenty (120) days or until selection is made by the PT Board, whichever is earlier.

4.8. Any terms and conditions attached to a Response will not be considered unless specifically referred to in the Response.

5. DELIVERY OF PROPOSALS

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

U.S. Postal Service (USPS) Overnight/Express M il

Hand Delivery

Texas Board of PT Examiners Attention: Staff Services Officer 1801 Congress Ave, Ste. 10.900

Austin, TX 78701

Same as USPS Texas Board of PT Examiners

George H. W. Bush Building – 10th Floor 1801 Congress Ave, Ste. 10.900

Austin, TX 78704

Electronic Mail

TX Board of PT Examiners Attn: Staff Services Officer randall@ptot.texas.gov

5.2. Proposals must be date/time stamped in the PT Board’s office prior to due date and time.

6. EVALUTION AND AWARD

6.1. Administrative Review:

6.1.1. Only complete responses with the required submission documents will be considered.

6.1.2. Failure to meet the minimum qualifications and submit the required documentation will result in a response being declared non-responsive.

6.1.3. The PT Board reserves the right to reject any or all proposals, and to waive informalities and minor irregularities in proposals received.

mailto:randall@ptot.texas.gov

6.1.4. No proposal received after the exact date and time specified as the deadline to responses will be considered.

6.2. Evaluation:

6.2.1. Proposals will be evaluated by the PT Board and designated staff.

6.2.2. Each evaluated proposal will be reviewed and scored according to the criteria below:

6.2.2.1. Respondent’s Past Performance – Respondent must demonstrate experience in developing an online management system for the approval process which, at a minimum, will include

6.2.2.1.1 Acceptance of approval applications from sponsors of continuing competence activities or individuals who have participated in continuing competence activities.

6.2.2.1.2. Dissemination of completed applications for peer review according to guidelines based on mandatory continuing competence requirements established by the PT Board.

6.2.2.1.3. Online search capability for all approved continuing competence activities and accredited providers.

6.2.2.1.4. Maintenance of a continuing competence online repository system for licensees to store and track their completed continuing competence.

6.2.2.2. Ability to Satisfy Regulatory Needs – Respondents’ ability to meet the regulatory needs of the PT Board based on the respondents’ response to each bid specification which, at a minimum, will include:

6.2.2.2.1. Ability to communicate effectively through the use of technology is relevant to this factor.

6.2.2.2.2. Employment of staff with sufficient knowledgeable about required protocols and procedures to ensure regulatory compliance, including confidentiality requirements.

6.2.2.2.3. Employment of a sufficient number of staff to handle caseload with prompt, professional, and accurate services.

6.2.2.3. Pricing Structure – Fee schedule commensurate with similar continuing competence approval systems with no cost to agency.

6.2.2.4. References – Relevance and quality of references are relevant to this factor.

6.2.3. Respondent’s submission shall be evaluated and scored on the weighted system outlined below:

Evaluation Criteria Weight Respondent’s Past Performance 10% Ability to Satisfy Regulatory Needs 50% Pricing Structure 30% References 10%

Total 100%

6.2.4. The PT Board reserves the right to:

6.2.4.1. Waive any minor or immaterial response requirements noted in the submission process.

6.2.4.2. Reject any and all offers received.

6.2.4.3. Cancel the RFP at its sole discretion.

6.2.4.4. Suspend the request for proposals process.

6.2.4.5. Request Respondents to clarify their offer and submit additional information pertaining to the offer, including issuance of RFP addenda.

6.3. Best and Final Offer (BAFO): The PT Board will determine whether negotiations or Best and Final Offers are necessary and may invite selected Respondents to provide oral presentations of their Proposals.

6.4. Award: The following will be taken into consideration by the PT Board when determining whether or not to award a contract as the result of this RFP:

6.4.1. The right to award to a single contractor, or award to more than one contractor, whichever provides the best value in performance of this service. The PT Board will be the sole judge of best value with best value criteria including but not limited to the following:

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

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

6.4.1.3. Provides the most customer focused solution that will best meet the needs of the PT Board

6.4.1.4. Past performance based upon pass/fail criteria in compliance with TX

Gov’t Code 2155.074, 2155.075, 2156.007, 2157.003, and 2157.125 if applicable.

6.4.2. The RFP does not commit the PT Board to make an award, nor does it obligate it to pay any costs incurred in preparation and submission of offers or in anticipation of a Contract/Agreement.

6.4.3. Should an award be made, a notice of award and a contract or agreement will be issued by the PT Board.

6.4.3.1. The contract or agreement will be binding.

6.4.3.2. The contract or agreement will be inclusive of the RFP (with all supplements, terms and conditions, appendix, or other attachments), any Addendums to the RFP, and the awarded Respondents response.

6.5. Post Award Meeting: The PT Board 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:

6.5.1. Discuss terms and conditions of the contract.

6.5.2. Provide additional information regarding the contract if needed.

SECTION III – STANDARD TERMS AND CONDITIONS

1. INTRODUCTION

1.1 Definitions

Terms and acronyms used in this RFP have the meaning set forth in Appendix A.

1.2 Conflicts of Interest

1.2.1 Actual and Perceived Conflicts

1.2.1.1 By submitting a Proposal, Respondent represents and warrants that neither it nor its employees and subcontractors have an actual or potential conflict of interest in entering a Contract with the Texas Board of Physical Therapy Examiners (PT Board).

1.2.1.2 Respondent also represents and warrants that entering a Contract with the

PT Board will not create the appearance of impropriety.

1.2.1.3 In its Proposal, Respondent must disclose any existing or potential conflict of interest that it might have in contracting with the PT Board.

1.2.1.4 The requirement to disclose any actual or potential conflict of interest will continue during the term of the Contract, and will survive until the end of the recordkeeping requirement in 7.4.

1.2.1.5 The PT Board will decide, in its sole discretion, whether an actual or perceived conflict should result in Proposal disqualification or Contract termination.

1.2.2 Current and Former Texas Board of Physical Therapy Examiners Employees

1.2.2.1 In addition to the disclosures required above, Respondent must also disclose any of its personnel who are current or former officers or employees of the PT Board or who are related, within the third degree by consanguinity (as defined by Texas Government Code § 573.023) or within the second degree by affinity (as defined by Texas Government Code § 573.025), to any current or former officers or employees of the PT Board.

1.2.2.2 Respondents must comply with all applicable Texas and federal laws and regulations relating to the hiring of former state employees (see e.g., Texas Government Code Chapters 572 and 573). Such “revolving door” provisions generally restrict former agency heads from communicating with or appearing before the agency on certain matters for two years after leaving the agency. The revolving door provisions also restrict some former employees from representing clients on matters that the employee participated in during state service or matters that were in the employees’ official responsibility.

1.2.2.3 Respondent, by signing this solicitation, certifies that it has complied with all applicable laws and regulations regarding former state employees.

1.2.2.4 Respondent must identify each employee who works for more than one staffing company at any facility and ensure that the employee’s cumulative weekly hours worked at all state facilities through any one staffing company does not exceed 40 hours per week.

1.3 Construction of this RFP and the Contract

1.3.1 Global Drafting Conventions

The terms “include,” “includes,” and “including” are terms of inclusion and enlargement. When used in this Contract these terms should be read as if followed by the phrase “without limitation.”

Unless explicitly stated otherwise, any references to “Sections,” “Articles,” “Exhibits,” or “Attachments” are deemed to be references to the Sections, Articles, Exhibits, and Attachments to this RFP and the Contract.

1.3.2 Headings

The Article and Section headings in this RFP and the Contract are for reference and convenience only and may not be considered in the interpretation of this RFP or the Contract.

2. THE RFP PROCESS

2.1 Submitting Questions about the RFP

2.1.1 Respondent will have until the Deadline for Submitting Questions, identified in Section II, 1. Schedule of Events, to submit in writing all questions regarding this

RFP.

2.1.1.1. Respondent may only send questions to the Point of Contact.

2.1.1.2. All questions must precisely and specifically cite the RFP section to which the question refers.

2.1.1.3 The PT Board will, at its discretion, answer the questions in a Question and Answer Document posted on the Electronic State Business Daily (ESBD).

2.1.2 Only answers that the PT Board provides in writing are official. Information in any form other than the materials constituting this RFP, the Question and Answer Document, and any RFP addendum is not binding on the PT Board.

2.1.3 All questions submitted to the PT Board must include the identity of the sender, the sender’s title, company name, mailing address, telephone number, and facsimile number or e-mail address, as applicable.

2.1.4 Minor questions for which the answer will not affect the interpretation of the RFP or change the contents of a Proposal (for example, a question regarding delivery of the sealed Proposal) may be answered orally or by e-mail by the PT Board.

2.2 Addenda to the RFP

2.2.1 Should an addition or correction to this RFP become necessary, the PT Board will post an addendum relating the necessary information on the ESBD.

2.2.2 Respondent is responsible for periodically checking the ESBD for addenda or additional information relating to this RFP.

2.2.3 Respondent is required to acknowledge each addendum by returning a signed copy of the addendum with its Proposal.

2.3 Testing and Inspection

2.3.1 The PT Board may test products and services purchased under the Contract to ensure compliance with the specifications of this RFP and the Contract.

2.3.2 The PT Board may also test the products and services before they are purchased under the Contract.

2.4 Accuracy of the Proposal

2.4.1 Respondent’s Proposal must be true and correct and must contain no cause for claim of omission or error.

2.4.2 Proposals may be withdrawn in writing at any time prior to the submittal deadline.

2.5 VetHUB Subcontracting Plan Requirements

The PT Board has determined that there are no probable VetHUB subcontracting opportunities for this solicitation so no VetHUB Subcontracting Plan is required.

2.6 Cost of Submitting the Proposal

2.6.1.The PT Board will not reimburse the Respondent for any cost related to its Proposal.

2.6.2 Respondent is responsible for any expense related to the preparation and submission of its Proposal.

2.7 Public Information Act Disclosures

2.7.1 The PT Board is a governmental body subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552. The Proposal and other information submitted to the PT Board by the Respondent are subject to release as public information by the PT Board.

2.7.2 The Proposal and other submitted information is presumed subject to disclosure unless a specific exception to disclosure under the PIA applies.

2.7.3 If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Proposal or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the legal basis for confidentiality.

2.7.4 Merely making a blanket claim that the entire Proposal is protected from disclosure because it contains some proprietary information is not acceptable, and will make the entire Proposal subject to release under the PIA.

2.7.5 In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by the Respondent to be proprietary or confidential must be clearly labeled as described above.

2.7.6 Any information which is not clearly identified by the Respondent as proprietary or confidential will be deemed subject to disclosure pursuant to the PIA.

2.7.7 Respondent will irrevocably deemed to have waived, and Respondent agrees to fully indemnify the State of Texas, the PT Board any claim of infringement by the PT Board regarding the intellectual property rights of Respondent or any third party for any materials appearing in the Proposal.

2.7.8 Contractor is required to make any information created or exchanged with a state governmental entity pursuant to this Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in at least one of the following formats that is accessible by the public at no additional charge to the State of Texas or to the PT Board: portable document format (pdf) compatible with the latest version of Adobe Acrobat®; Microsoft Word®; Microsoft Excel®; or, hard copy (paper).

2.7.9 If Respondent’s Proposal contains any information, which Respondent claims is confidential and not subject to release under the PIA, Respondent must prepare and deliver responses in number and format mutually agreed upon by the PT Board and Respondent.

2.8 Agency Posting of Contracts

Without prior written notice to Respondent, any redacted Proposal submitted under Section 2.7, Public Information Act Disclosures, may be posted on the Texas Board of Physical Therapy Examiner’s website as part of the Contract per Texas Government Code § 2261.253(a).

2.9 Irrevocability of the Proposal

2.9.1 The Proposal is irrevocable for 120 calendar days following the Proposal Opening Date and Time identified in Section II, 1. Schedule of Events.

2.9.2 The PT Board may extend this period with Respondent’s written agreement.

3. CONTRACT INFORMATION

3.1 Amending the Contract

3.1.1 All alterations, additions, or deletions of the Contract must be in writing and mutually agreed upon by both Parties and put into effect with a Contract Amendment issued by the PT Board.

3.1.2 Respondent will not be entitled to payment for any additional services, work, or products that are not authorized by a properly executed Contract amendment.

3.2 Order of Precedence

3.2.1 In the event of any conflict or contradiction between or among these documents, the Notice of Award, as modified by any Contract Amendments, controls over the RFP and the Proposal.

3.2.2 The RFP, as modified by any Addenda, controls over the Proposal.

3.3 Terminating the Contract

3.3.1 Convenience of the State of Texas

3.3.1.1 The PT Board reserves the right to terminate the Contract at any time, in whole or in part, without cost or penalty, by providing 30 calendar days’ advance written notice, if the PT Board determines that such termination is in the best interest of the state.

3.3.1.2 In the event of such a termination, Contractor must, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination.

3.3.2 Cause/Default

3.3.2.1.If Contractor fails to provide the products or services contracted for according to the provisions of the Contract, or fails to comply with any of the terms or conditions of the Contract, the PT Board may, upon written notice of default to Contractor, immediately terminate all or any part of the Contract.

3.3.2.2 Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law or under the Contract.

3.3.2.3 The PT Board may exercise any other right, remedy or privilege which may be available to it under applicable law of the state and any other applicable law or may proceed by appropriate court action to enforce the provisions of the Contract, or to recover damages for the breach of any agreement being derived from the Contract.

3.3.2.4 The exercise of any of the foregoing remedies will not constitute a termination of the Contract unless the PT Board notifies Contractor in writing prior to the exercise of such remedy.

3.3.2.5 Contractor will remain liable for all covenants and indemnities under the

3.3.2.6 Contractor will be liable for all costs and expenses, including court costs, incurred by the PT Board with respect to the enforcement of any of the remedies listed in this Contract.

3.3.3 Change in Federal or State Requirements

If federal or state laws, regulations, or requirements are amended or judicially interpreted so that either the PT Board or Respondent cannot reasonably fulfill the Contract and if the Parties cannot agree to an amendment that would enable substantial continuation of the Contract, the Parties will be discharged from any further obligations under the Contract.

3.3.4 Purchasing from People with Disabilities Preference

3.3.4.1 Pursuant to Texas Human Resources Code Chapter 122, state agencies must purchase products and services meeting the agency's specifications offered by a Community Rehabilitation Program (CRP) certified by the Texas Workforce Commission (TWC) with recommendations from the Purchasing from People with Disabilities Advisory Committee; or its Central Nonprofit Agency, Work Quest.

3.3.4.2 Should any item(s) awarded under any contract pursuant to this RFP become available from a CRP or through Work Quest during the term of the Contract, the state may cease all use of the awarded Contract immediately upon the availability of such product or service, and may terminate the Contract for some or all of such products or services awarded.

3.3.5 Rights upon Termination or Expiration of Contract

In the event that the Contract is terminated for any reason, or upon its expiration, the Contractor retains ownership of all associated work products and documentation obtained from Contractor under the Contract.

3.3.6 Survival of Terms

Termination of the Contract for any reason does not release Contractor from any liability or obligation set forth in the Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination, including the provisions regarding confidentiality, indemnification, transition, records, audit, property rights, dispute resolution, and invoice and fees verification.

3.4 Contract Documentation

The Contract will consist of the Notice of Award, Listing of Awarded Items, and any Contract Amendments to these documents issued by the PT Board; this RFP, together with any modifications made through Addenda; and the successful Proposal, together with any clarifications that are submitted at the request of the PT Board.

4. CONTRACT MANAGEMENT

4.1 Contract Managers

4.1.1 The Texas Board of Physical Therapy Examiners (PT Board) Contract Manager The PT Board Contract Manager has the authority to:

1. sign Controlled Correspondence;

2. serve as the day-to-day point-of-contact;

3. coordinate quality control reviews;

4. coordinate meetings with Respondent;

5. investigate complaints;

6. receive requests for substitutions or changes in products or services awarded under the Contract;

7. initiate Contract amendments; and

8. discuss pricing changes.

4.1.2 The Respondent’s Contract Manager

Respondent must identify its Contract Manager to the PT Board in writing within 10 days of the issuance of the Notice of Award. Respondent should document all subsequent changes of Respondents Contract Manager through Controlled Correspondence. Respondent’s Contract Manager must be someone with the authority to:

1. make decisions regarding the deliverables required by the Contract;

2. sign Controlled Correspondence;

3. serve as the day-to-day point-of-contact;

4. coordinate quality control reviews;

5. coordinate meetings with the PT Board; and

6. investigate complaints.

4.2 Controlled Correspondence

4.2.1 In order to track and document requests for decisions or information pertaining to the Contract, and the subsequent response to those requests, the PT Board and

Respondent will use Controlled Correspondence as discussed throughout this

4.2.2 The PT Board will manage the Controlled Correspondence for the Contract.

4.2.3 Controlled Correspondence cannot be used to change pricing or alter the terms of the Contract. Controlled Correspondence cannot be the basis of a claim for equitable adjustment of pricing.

4.2.4 Any changes that involve the pricing or the terms of the Contract must be by a properly executed Contract amendment.

4.2.5 However, the Controlled Correspondence process may be used to document refinements and interpretations of the provisions of the Contract, to document the cost impacts of proposed changes, and to document the PT Board-approved changes.

4.2.6 Both Parties will maintain Controlled Correspondence documents as part of the normal status reporting process. Any communication not generated in accordance with this process is not binding upon the Parties and is of no effect.

4.3 Notices and Liaisons

4.3.1 Delivery of Written Notices

4.3.1.1 Both Parties must deliver any required notice in writing to the other Party and to the addresses specified in Section II, 5.1.

4.3.1.2 The Parties deem the notice to have been given immediately if delivered in person to the receiving Party’s address.

4.3.1.3 The Parties deem notice to have been given on the date of certified receipt, if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving Party at its specified address.

4.3.2 Notice to Respondent

4.3.2.1 Within 10 days of the issuance of the Notice of Award, Respondent must send the PT Board written notice of the address and contact person for legal notice and Controlled Correspondence purposes.

4.3.2.2 If there is any change to this information during the term of the Contract, Respondent must notify the PT Board by Controlled Correspondence.

4.3.3 Notice to the PT Board

For all purposes under this Contract other than Controlled Correspondence, the PT Board’s addresses are as follows:

Mailing Address Texas Board of Physical Therapy Examiners Attn: Karen Gordon, PT Coordinator 1801 Congress Ave, Suite 10.900 Austin, Texas 78701 Email: karen@ptot.texas.gov

Physical Address Texas Board of Physical Therapy Examiners Attn: Karen Gordon, PT Coordinator George H.W. Bush Building 1801 Congress Ave, Suite 10.900 Austin, Texas 78701 Email: karen@ptot.texas.gov

4.4 Subcontracting Approval

4.4.1 Respondent must perform the Contract with its own resources.

4.4.2 In the event that Respondent determines that it is necessary or expedient to execute subcontracts for any of the performances under the Contract, Respondent must submit a VetHUB Subcontracting Plan for prior approval before executing any subcontracts.

4.4.3 Respondent must also transmit to the PT Board for review and prior PT Board approval a true copy of the subcontract it proposes to execute with a subcontractor.

4.4.4 Respondent, in subcontracting for any performances specified in the RFP or resulting Contract, expressly understands and acknowledges that in entering into such subcontract(s), the PT Board is in no manner liable to any subcontractor(s) of the Respondent.

4.4.5 In no event will this provision relieve Respondent of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all terms of this RFP and Contract.

4.4.6 Respondent must manage all quality and performance, project management, and schedules for subcontractors.

4.4.7 Respondent is solely responsible and accountable for the completion of all work for which Respondent has subcontracted.

4.5 No Implied Authority

4.5.1 Any authority delegated to the Respondent by the PT Board is limited to the terms of the Contract.

4.5.2 Respondent may not rely upon implied authority and specifically is not delegated authority under the Contract to: (1) make public policy; (2) promulgate, amend, or mailto:karen@ptot.texas.gov mailto:karen@ptot.texas.gov disregard the PT Board program policy; or (3) unilaterally communicate or negotiate, on behalf of the PT Board, with any member of the U.S. Congress or any member of their staff, any member of the Texas Legislature or any member of their staff, or any federal or state agency.

4.6 Cooperation with the PT Board

Respondent must ensure that it cooperates with the PT Board and other state or federal administrative agencies, at no charge to the PT Board, for purposes relating to the administration of the Contract. Respondent agrees to reasonably cooperate with and work with the PT Board’s contractors, subcontractors, and third party representatives as requested by the PT Board.

4.7 Dispute Resolution

4.7.1 Informal Meetings

The PT Board and Contractor will meet as needed to implement the terms of this Contract and will make a good faith attempt to resolve any disputes informally.

4.7.2 Alternative Dispute Resolution at State Office of Administrative Hearings

4.7.2.1 If the Parties’ attempts to resolve their disagreements informally fail, the parties may agree, but are not required, to utilize the non-binding alternative dispute resolution services of the State Office of Administrative Hearings (SOAH) to attempt to resolve their disagreements, claims, or disputes under this Contract. Contractor will pay all costs of the mediation unless the PT Board, in its sole good faith discretion, approves its payment of all or part of such costs.

4.7.2.2 The PT Board or Contractor’s participation in, or the results of, any mediation under this subsection or the provisions of this Section will not be construed as a waiver by the PT Board or Contractor of any rights, privileges, defenses, remedies, or immunities available to the parties under this Contract or available to the PT Board as an agency of the State of Texas.

4.7.3 Texas Government Code Chapter 2260

4.7.3.1 The Parties must use the dispute resolution process provided for in Texas Government Code Chapter 2260, as further described in this Section, to attempt to resolve any claim for breach of this Contract made by Contractor.

4.7.3.2 Contractors must submit claims for breach of this Contract that the Parties cannot resolve in the ordinary course of business according to the negotiation process provided in Texas Government Code Chapter 2260, Subchapter B.

4.7.3.3 To initiate the process, Contractor must submit written notice, as required by subchapter B, to the PT Board as stated in Section 2260.051. (b)-(c).

4.7.3.4 This written notice must specifically state that the provisions of Chapter

2260, subchapter B, are being invoked.

4.7.3.5 Compliance by Company with subchapter B is a condition precedent to the filing of a contested case proceeding under Texas Government Code Chapter 2260, Subchapter C.

4.7.3.6 The contested case process provided in Texas Government Code Chapter

2260, Subchapter C is Contractor’s sole and exclusive process for seeking a remedy for any alleged breach of this Contract by the PT Board if the Parties are unable to resolve their disputes informally.

4.7.3.7 Compliance with the contested case process provided in Texas

Government Code Chapter 2260, Subchapter C is a condition precedent to seeking consent to sue from the Legislature under Texas Civil Practices and Remedies Code Chapter 107.

4.7.3.8 Neither the execution of this Contract by the PT Board nor any other conduct of any the PT Board representative relating to this Contract will be considered a waiver of sovereign immunity.

4.7.3.9 The submission, processing, and resolution of Contractor’s claim is governed by CPA’s published rules, in 34 Tex. Admin. Code Chapter 1, Subchapter F.

4.7.4 Company’s Continued Performance

4.7.4.1 Notwithstanding any other provision of this Contract to the contrary, unless otherwise requested or approved in writing by the PT Board, Contractor must continue performance and will not be excused from performance during the period any breach of contract claim, dispute or mediation is pending under either of the above processes.

4.7.4.1 However, Contractor may suspend performance during the pendency of such claim or dispute if Contractor has complied with all provisions of Texas Government Code § 2251.051 and such suspension of performance is expressly applicable and authorized under that law.

4.7.5 Fraud, Waste, and Abuse

By submitting a Proposal to the RFP, Respondent represents and warrants that it has read and understood and will comply with the State Anti-Fraud Policy, found at: https://www.comptroller.texas.gov/about/policies/ethics.php as such Policy currently reads and as it is amended throughout the term of the Contract.

4.8 Renegotiation of Price

https://www.comptroller.texas.gov/about/policies/ethics.php

4.8.1 The PT Board will monitor market prices and prices paid by other governmental entities or other states for substantially similar products and services during the term of the Contract.

4.8.2 If the PT Board determines that substantially similar products and services are selling for meaningfully lower prices than the prices established in the Contract, the PT Board may initiate price renegotiations with Respondent and amend the Contract to reflect a new, lower price, if agreed to by the Parties.

4.9 Name Changes and Organizational Changes

4.9.1 Respondent must provide the PT Board with written notice by Controlled Correspondence of all name changes and organizational changes relating to Respondent including any merger, acquisition,…