ESBD_564272_1790794363350_HHS0015558v3_Video Directly Observed Therapy RFO.pdf

RFO No. HHS0015558v3 Page 1 of 46 Version 2.30 Revision Date 02/27/2026

Stephanie Muth, Executive Commissioner

Request for Proposals (RFO) for

Video Directly Observed Therapy (“VDOT”)

RFO No. HHS0015558v3

Date of Release: September 30, 2026

Responses Due: October 29, 2026 by 10:30 a.m. Central Time

NIGP Class/Item Codes

Class/Item Code Description

920-02 Access Services, Data

920-03 Application Services Provider (ASP), Web Based Hosted

920-07 Application Software for Microcomputer System: Business, Mathematical and Statistical, Medical, Scientific, etc.

920-13 Advanced Authentication Software Services, Including Maintenance and Repair

920-39 Processing System Services, Data (Not Otherwise Classified)

920-45 Software Maintenance and Support Services and Updates and Data Hosting Services

920-46 Software Updating and Upgrading Services

920-66 System, Network, Database, DBA Administration Services

920-91 Training, Computer Based, Software Supported

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Table of Contents Article I. Executive Summary, Definitions, and Authority

1.1 Introduction

1.2 Definitions

1.3 Authority

Article II. Scope of Work

2.1 Description of Services

2.1.1 Texas Risk and Authorization Management Plan

2.1.2 Requirements Traceability Matrix

2.1.3 Disaster Recovery Test

2.1.4 Invoicing

2.2 Contract Award, Term, and Historical Compensation

2.2.1 Contract Award and Execution

2.2.2 Contract Term

2.2.3 Historical Compensation

2.3 Data Use Agreement and Security Privacy Inquiry

2.4 No Guarantee of Volume, Usage, or Compensation

Article III. Administrative Information

3.1 Schedule of Events

3.2 Ambiguity, Conflict, or Discrepancy

3.3 Inquiries

3.3.1 Sole Point of Contact

3.3.2 Prohibited Communication

3.3.3 Exception to Sole Point of Contact

3.3.4 Solicitation Questions

3.4 Pre-proposal Conference

3.4.1 Attendance

3.4.2 Conference Logistical Information

3.4.3 Questions at Pre-Proposal Conference

3.5 Solicitation Response Composition

3.5.1 General Information

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3.5.2 Page Limit and Supporting Documentation

3.5.3 Discrepancies

3.5.4 Exceptions

3.5.5 Assumptions

3.5.6 Binding Offer

3.6 Solicitation Response Submission and Delivery

3.6.1 Deadline

3.6.2 Submission Option

3.6.3 Submission Checklist

3.6.4 Labeling and Delivery for USB Submission and Other Materials

3.6.5 Modifications and Withdrawals

Article IV. Solicitation Response Evaluation and Award Process

4.1 Conformance with State Law

4.2 Best Value Determination

4.2.1 Selection Methodology

4.2.2 Minimum Qualifications

4.2.3 Initial Compliance Screening

4.2.4 Written Solicitation Response Evaluation

4.2.5 Written Response Evaluation Criteria

4.2.6 Best and Final Offer (BAFO)

4.2.7 Final Written Response Score

4.2.8 Summary of Best Value Determination

4.2.9 TX-RAMP Certification Assessment

4.3 Questions or Requests for Clarification

4.4 Accessibility Scoring

Article V. Narrative/Technical Proposal

5.1 Narrative Proposal

5.1.1 Executive Summary

5.1.2 Key Staffing Profile

5.2 Technical Proposal

5.2.1 Technology Architecture

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5.2.2 System Availability and Capacity

5.2.3 Software and Hardware Components

5.2.4 System Integration

5.2.5 System Administration, Support, and Maintenance

5.2.6 System Security and Disaster Recovery

5.2.7 Performance Monitoring and Management

5.2.8 Transition Summary

5.2.9 Training Approach

5.2.10 Turnover Summary

Article VI. Required Respondent Information

6.1 Company Information

6.1.1 Company Narrative

6.1.2 Company Profile

6.2 Franchise Tax – Right to Transact Business in Texas

6.3 References

6.4 Major Subcontractor Information

6.5 Affirmations and Certifications

6.6 Other Reports

6.6.1 Dun and Bradstreet Reports

6.6.2 Financial Statements and Financial Solvency

6.6.3 Alternate Report

6.7 Corporate Guarantee

6.8 Subcontracting Plan

6.9 TX-RAMP Documentation

6.10 Accessibility/Voluntary Product Accessibility template (VPAT) Documentation

6.11 Secretary of State Certification

Article VII. Cost Proposal

7.1 Cost Proposal

Article VIII. General Terms and Conditions

8.1 General Conditions

8.1.1 Changes, Modifications, and Cancellation

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8.1.2 Offer Period

8.1.3 Costs Incurred

8.1.4 Contract Responsibility

8.1.5 Public Information Act - Respondent Requirements Regarding Disclosure

8.1.6 Respondent Waiver – Intellectual Property

8.1.7 Standards of Conduct for Vendors

8.1.8 Disclosure of Interested Parties

8.2 Insurance

8.2.1 Required Coverage

8.2.2 Alternative Insurability

8.3 Protest

Article IX. List of Exhibits

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ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 INTRODUCTION

The State of Texas, by and through the Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), is issuing this Solicitation to solicit proposals from qualified vendors to provide Video Directly Observed Therapy (VDOT) services.

VDOT enables DSHS staff to remotely observe Clients taking tuberculosis (TB) medications using video technology as an alternative to in-person Directly Observed Therapy (DOT). The VDOT solution must support both real-time video observation (Synchronous VDOT) and recorded video submission for later review (Asynchronous VDOT).

The system must allow secure transmission of protected health information, support use on mobile devices, and reduce the need for routine travel associated with in-person observation while maintaining required treatment monitoring. VDOT will be used for eligible Clients in accordance with program policies and will supplement, but not replace, in-person DOT services.

The use of VDOT decreases the amount of idle time spent driving to perform in-person DOT Services. Provider can travel up to six (6) hours per workday to provide medication administration to one (1) Client; with that interaction taking less than 30-minutes total.

Providers’ knowledge and abilities are not fully utilized when they travel so extensively. VDOT allows the Provider the same interaction and observation for eligible Clients but decreases the need for repetitive travel. It also evokes a Client-centered delivery method to give the Client ownership and control over their treatment.

HHSC Procurement and Contracting Services (PCS) will administer the procurement process for this Solicitation which includes Solicitation distribution, handling of communications from vendors, as well as managing the receipt of communications from vendors, as well as managing receipt of Responses for review and evaluation.

Prior to award of the Contract, Respondent must obtain TX-RAMP Level 2 certification. TX- RAMP Provisional Status does not satisfy the TX-RAMP Certification Level 2 requirement. For this Solicitation, HHSC shall not provide “agency-sponsored” TX-RAMP Provisional Status certification to any Respondent.

Information regarding DSHS and its programs is available online and can currently be accessed at https://www.dshs.texas.gov/.

https://www.dshs.texas.gov/

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1.2 DEFINITIONS

Refer to Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions (UTC) – Vendor, and Exhibit C, Health and Human Services (HHS) Additional Provisions, for additional definitions.

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

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

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

“Application” means the Video Directly Observed Therapy (VDOT) software platform, including its web-based interface accessible through a computer and its mobile application accessible on compatible mobile devices, through which authorized users record, submit, review, and manage VDOT sessions and related information.

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

“Asynchronous” means a type of VDOT process in which the Client uploads a video of their treatment, which is later viewed by a Provider.

“Business Hour” means a clock hour during the standard Business Hours of a Business Day.

“Calendar Day” means every day on the calendar, i.e. all 365 days of the year (366 if it is a leap year).

“Client” means TB patients using the system to receive care.

“Client Record” is a documented collection of information about a Client's health history, care, and treatment.

“Contract” means the contract resulting from this SOLICITATION.

“Contractor” means the Party selected to provide the goods or Services to the State under this Contract.

“Contract Effective Date” means the date when a contract becomes legally binding and enforceable, and the terms of the agreement begin to apply.

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“Contract Term” means the period beginning with the commencement date or Effective Date of a Contract and ending when the Contract expires in accordance with its terms, or when it has been terminated.

“DSHS” means the Department of State Health Services.

“Effective Date” has the same meaning as the definition in Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions – Vendor.

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

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

“HHSC” means the Health and Human Services Commission.

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

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

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

“Mobile Application” means software Application designed to run on a mobile device such as a phone or tablet.

“Operations Start Date” means a specific date when the terms and obligations outlined in the Contract officially begin to be enforced and put into action.

“Provider” means a group of healthcare professionals – who may be both DSHS employees and contractors - who work together to provide care for a Client. The care team may include doctors, nurses, therapists, social workers, and other specialists.

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

http://www.txsmartbuy.com/esbd https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm#2161.001 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm#2161.001 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm#2161.252

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“Software as a Service” or “SaaS” means a method of software delivery and licensing in which software is accessed online via a subscription, rather than bought and installed on individual computers.

“Services” means the tasks, functions, and responsibilities assigned and delegated to Contractor under the Contract.

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

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

“Standing Delegation Order (SDO)” means written instructions, orders, rules, regulations, or procedures prepared by a physician that provide authority and a plan for use with patients presenting themselves prior to being examined or evaluated by a physician, or patients without an indication to be examined or evaluated by a physician. SDOs are distinct from specific orders written for an individual patient.

“Standing Medical Order (SMO)” means written instructions, orders, rules, regulations, or procedures prepared by a physician that provide authority and direction for the performance of certain prescribed acts for patients that have been examined or evaluated by a physician. SMOs are distinct from specific orders written for an individual patient.

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

“Synchronous” means a type of VDOT that is real-time video observation of Client treatment.

“Transition Plan” means a structured roadmap outlining the steps and responsibilities involved in transferring a contract from incumbent contractor to the newly selected contractor.

“TX-RAMP” means the Texas Risk and Authorization Management Program established by DIR that provides a standardized approach for security assessment, authorization, and continuous monitoring of cloud computing services that process the data of a state agency. To become TX- RAMP certified, entities must submit prescribed documentation to DIR. Information regarding TX-RAMP is currently located at: https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp.

“User” means DSHS personnel, Providers or Clients who will use the VDOT Application.

https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp

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“VDOT” means Video Directly Observed Therapy and is an alternative to DOT used to ensure Clients are taking prescribed medications to control the TB virus.

“Visit” a scheduled appointment between a Client and Provider to receive care and to collect or share health information.

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

“Web-Based” or “Web-Application” is a software program that operates through a web browser and is accessed over the internet.

1.3 AUTHORITY

HHSC is soliciting the services stated in this Solicitation under of the authority Texas Government Code 2157.068.

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2157&artSec=2157.068

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ARTICLE II. SCOPE OF WORK

2.1 DESCRIPTION OF SERVICES

DOT for the provision of TB medications to Clients is the standard of care in Texas. The Centers for Disease Control and Prevention (CDC), recommend DOT as the only documented evidence-based intervention that ensures Clients are cured from TB using a supervised medication adherence regimen. VDOT uses technology to achieve direct observation, allowing Providers to allot more time to see more Clients. Implementing a VDOT program requires adherence to all current, approved DSHS Standing Delegation Orders (SDOs), Standing Medical Orders (SMOs) and must follow federal and state privacy and security laws.

2.1.1 Texas Risk and Authorization Management Plan

Commencing on the Effective Date and during the Contract Term, Contractor must provide Services that comply with TX-RAMP Certification Level 2. Contractor acknowledges that TX-RAMP Provisional Status does not satisfy the TX-RAMP Certification Level 2 requirement.

2.1.2 Requirements Traceability Matrix

The Contractor shall comply with Exhibit N, Requirements Traceability Matrix, that provides a detailed Requirements Traceability Matrix (RTM) that defines and organizes all required Services and technical requirements to be fulfilled by the Contractor. The RTM serves as a foundational document for managing compliance, performance measurement, and deliverable validation throughout the Contract lifecycle.

Non-compliance or failure to meet performance measures may result in enforcement of liquidated damages or other contractual remedies.

In accordance with Exhibit N, Requirements Traceability Matrix, the following requirements areas are included:

1. Transition Requirements, (Table 1);

2. Maintenance and Support Requirements, (Table 2);

3. Functional Requirements, (Table 3);

4. Training Requirements, (Table 4);

5. Reporting Requirements, (Table 5);

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6. Security Requirements, (Table 6);

7. Staffing Requirements, (Table 7);

8. Accessibility Requirements, (Table 8);

9. Turnover Phase Requirements, (Table 9);

10. Key Performance Measures and Liquidated Damages, (Table 10); and

11. Deliverables, (Table 11).

2.1.3 Disaster Recovery Test

The Contractor, for no additional compensation, shall conduct on an annual basis a Disaster Recovery test to assess the effectiveness of the Contractor’s Disaster Recovery Plan. On or before the ninetieth (90th) Calendar Day following each Disaster Recovery test, Contractor will provide DSHS, with a written summary report detailing the results of the Disaster Recovery test.

Upon DSHS’s written request, Contractor shall make Contractor personnel available to discuss with DSHS the results of the Disaster Recovery test. Contractor shall use commercially reasonable efforts to resolve issues identified during the Disaster Recovery test and, for each unsuccessful test, Contractor shall conduct an additional Disaster Recovery test in a timely manner to validate the successful implementation of Contractor’s remediation activities.

2.1.4 Invoicing

The Contractor shall submit an invoice to DSHS in a format consistent with the line-item descriptions of Exhibit M, Cost Proposal.

Each invoice submitted must identify:

a. The purchase order number;

b. HHSC’s Contract number;

c. The time period (e.g., month); and

d. Line-item description for Service or Deliverable.

Failure to submit required supporting documentation with the invoice may result in return of invoices and delay of payment.

Invoices shall be sent to:

Health and Human Services Commission

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Attn: Invoice – HHSC MC2065 4601 W. Guadalupe St.

Austin, TX 78751 Fax: (512) 206-4854 E-mail: IT_invoicing@hhs.texas.gov

Chapter 2251 of the Texas Government Code shall govern remittance of payment and remedies for late payment and non-payment.

2.2 CONTRACT AWARD, TERM, AND HISTORICAL COMPENSATION

2.2.1 Contract Award and Execution

DSHS intends to award one (1) Contract as a result of this Solicitation. Any award is contingent upon approval of the DSHS executive commissioner or their designee.

If, for any reason, a final Contract cannot be executed with a Respondent selected for award within sixty (60) days of DSHS’s determination to seek to contract with that Respondent, DSHS may negotiate a Contract with the next highest-scoring Respondent or may withdraw, modify, or partially award this Solicitation.

2.2.2 Contract Term

The initial term of any Contract resulting from this Solicitation will for one (1) year. DSHS, at its sole option, may extend any Contract awarded pursuant to this Solicitation for up to four (4) one-year optional extensions.

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

2.2.3 Historical Compensation

Historical compensation under contracts with similar scope and size to this Solicitation has been approximately $188,400.00 per fiscal year. Notwithstanding Section 2.2.3 (Historical Compensation), DSHS reserves the right to adjust any projected amount based on state funding during the term of a resulting Contract.

2.3 DATA USE AGREEMENT AND SECURITY PRIVACY INQUIRY

By entering into a Contract with DSHS as a result of this Solicitation, Respondent agrees to be bound by the terms of the Data Use Agreement (DUA), attached as Exhibit D.

mailto:IT_invoicing@hhs.texas.gov https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2251.htm

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Respondents must complete and return with their Solicitation Response Exhibit D-1, Attachment 2 to the DUA, Security and Privacy Inquiry (SPI).

2.4 NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

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

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

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ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Solicitation Posting Date to ESBD (Date of Release) SEPTEMBER 30, 2026

Pre-proposal Conference and Subcontracting Plan Training Attendance is Optional

OCTOBER 5, 2026, at 10:00 AM Central Time

Deadline for Submitting Questions or Requests for Clarification

OCTOBER 7, 2026, at 2:00 PM Central Time

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

OCTOBER 16, 2026

Deadline for courtesy Subcontracting Plan review OCTOBER 19, 2026 at 2:00 PM Central Time

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

OCTOBER 29, 2026 at 10:30 AM Central Time

Evaluation Period NOVEMBER 2026

Anticipated Notice of Award MARCH 2027

Anticipated Contract Start Date MARCH 2027

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

ESBD.

NOTE: All dates are tentative and HHSC reserves the right to modify these dates at any time. At the sole discretion of HHSC, events listed in the Schedule of Events are subject to scheduling changes and cancellation. Scheduling changes or cancellation determinations made prior to the deadline for submission will be published by posting an Addendum to the ESBD. After the deadline for submission, if there are delays that significantly impact the anticipated award date, RFO No. HHS0015558v3 Page 16 of 46

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HHSC, at its sole discretion, may post updates regarding the anticipated award date to the Procurement Forecast on the HHS Procurement Opportunities web page. Each Respondent is responsible for checking the ESBD and Procurement Forecast for updates.

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

3.2 AMBIGUITY, CONFLICT, OR DISCREPANCY

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

Respondent submits a Solicitation Response at its own risk.

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

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

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

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

3.3 INQUIRIES

3.3.1 Sole Point of Contact

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

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

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

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Name Chastity Marion, CTCD, CTCM

Title PCS Purchaser

Address Procurement and Contracting Services Building 1100 W 49th St. MC: 2020 Austin, TX 78756

Phone (512) 834-6719

Email chastity.marion@hhs.texas.gov

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

3.3.2 Prohibited Communication

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

3.3.3 Exception to Sole Point of Contact

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

a. Respondents with questions relating to the Subcontracting Plan are permitted to direct those questions to the VetHUB coordinator at cheryl.bradley@hhs.texas.gov.

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

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

mailto:chastity.marion@hhs.texas.gov mailto:cheryl.bradley@hhs.texas.gov

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3.3.4 Solicitation Questions

HHSC will allow written questions and requests for clarification regarding this Solicitation.

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

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

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

1. Solicitation number;

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

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

4. Question for HHSC.

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

1. Company name;

2. Company representative name;

3. Phone number; and

4. E-Mail address.

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

3.4 PRE-PROPOSAL CONFERENCE

3.4.1 Attendance

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

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Attendees to virtual pre-proposal conferences are required to send an email to the Sole Point of Contact identified in Section 3.3.1 (Sole Point of Contact), advising of participation in the pre-proposal conference. Attendees must provide their name, phone number, and name of the company they are representing regardless of whether the pre-proposal conference is in-person or virtual.

3.4.2 Conference Logistical Information

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

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

Conference Call [or Webinar] Information:

https://attendee.gotowebinar.com/register/8319119838830352730

1 (415) 930-5321

At prompt enter passcode: 333-385-631

3.4.3 Questions at Pre-Proposal Conference

a. Reference Section 3.3.4 (Solicitation Questions) for the required format and information to be provided for submission of questions and requests for clarification.

b. During the conference, HHSC or DSHS may provide responses to questions and requests for clarification, but only written responses posted by HHSC PCS as an Addendum to the Solicitation on the ESBD will be considered an official, binding update to the Solicitation.

c. HHSC or DSHS reserves the right to amend, prior to the Solicitation Response Deadline, answers previously posted. Amended answers will be posted on the ESBD. Notification of posting will be in accordance with Section 3.1 (Schedule of Events).

d. Conversations with HHSC or DSHS program area staff before or after the pre-proposal conference are prohibited.

https://attendee.gotowebinar.com/register/8319119838830352730

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3.5 SOLICITATION RESPONSE COMPOSITION

3.5.1 General Information

Failure to submit all required Solicitation Response documents in the required format(s) may result in disqualification of the Solicitation Response without further consideration (Section

3.6.3 (Submission Checklist)). Respondent shall prepare a Solicitation Response that clearly and concisely represents its qualifications and capabilities. Expensive bindings, colored displays, promotional materials, etc. are not necessary or desired. Respondent should focus on the instructions and requirements of the Solicitation.

3.5.2 Page Limit and Supporting Documentation

The narrative/technical proposal should not exceed eighty (80) pages and should be formatted for 8 ½" x 11" paper with 1-inch margins and typed in Times New Roman, 12-point font. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the Solicitation Response, with specific reference made to the file, page, section, and/or paragraph where the supporting information can be found.

3.5.3 Discrepancies

In the event of any discrepancies or variations between copies, HHSC is under no obligation to resolve the inconsistencies and may make its scoring and selection decisions accordingly, including the decision to potentially disqualify a Solicitation Response. If Respondent is required to designate an “Original” Solicitation Response but fails to do so, HHSC, in its sole discretion, will determine the version to be used as the original or may disqualify the Solicitation Response.

If the Respondent submits a redacted Solicitation Response as the “Original,” HHSC will disqualify the Solicitation Response and it will not be evaluated. HHSC will not accept submissions after the “Deadline for Submission of Solicitation Responses” in the Schedule of Events (Section 3.1) to remedy discrepancies or variations in Solicitation Response submissions.

3.5.4 Exceptions

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

Any exception included in a Solicitation Response may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its Solicitation Response, Respondent is required to use the Exceptions Form included as Exhibit E to this Solicitation and provide all

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

3.5.5 Assumptions

Respondent must identify on the Assumptions Form, Exhibit F any business, economic, legal, programmatic, or practical assumptions that underlie the Respondent’s response to the Solicitation. HHSC reserves the right to accept or reject any assumptions. All assumptions not expressly identified and incorporated into any Contract resulting from this RFP are deemed rejected by HHSC.

3.5.6 Binding Offer

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

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

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

3.6 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.6.1 Deadline

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

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

3.6.2 Submission Option

a. Submission Option #1: Respondent shall submit two (2) USB drives—one (1) labeled “Original Proposal” and one (1) labeled “Copy”—containing the following documents:

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

2. If applicable in accordance with Section 8.1.5, (Public Information Act – Respondent Requirement Regarding Disclosure), each USB must contain one

(1) file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable

PDF.

3. In accordance with Section 7.1, (Cost Proposal), each USB must contain one (1) file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

4. In accordance with Section 6.8, (Subcontracting Plan), each USB must contain one (1) file named “Subcontracting Plan” in searchable PDF, that contains the Respondent’s Subcontracting Plan and all supporting documentation.

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

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

2. If applicable in accordance with Section 8.1.5, (Public Information Act – Respondent Requirements Regarding Disclosure), one (1) file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable PDF.

3. In accordance with Section 7.1, (Cost Proposal), one (1) file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

4. In accordance with Section 6.8, (Subcontracting Plan), one (1) file named “Subcontracting Plan” in searchable PDF, that contains the Respondent’s Subcontracting Plan and all supporting documentation.

3.6.3 Submission Checklist

Solicitation Consideration and Award Consideration Documents, reference Section 1.2 (Definitions) must be submitted by the deadline for Solicitation Response submissions, reference Section 3.1 (Schedule of Events). Solicitation Consideration Documents will be reviewed as received, and Respondent will not have an opportunity to remedy missed requirements. At its

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Revision Date 02/27/2026 sole discretion, HHSC may request some or all of the Respondents to remedy missing elements of Award Consideration Documents. Those marked “SC” are Solicitation Consideration Documents and those marked “AC” are Award Consideration Documents.

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

A. Proposal and Respondent Information

1. Narrative Proposal (Section 5.1) SC ____

2. Technical Proposal (Section 5.2) SC ____

3. Company Information (Section 6.1) SC ____

4. Franchise Tax Information (Section 6.2) AC ____

5. References (Section 6.3) AC ____

6. Major Subcontractor Information (Section 6.4) SC ____

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

SC ____

8. Assurances – Non-Construction Programs (if applicable)

(Section 6.5, Exhibit G)

AC

9. Certification Regarding Lobbying (if applicable)

(Section 6.5, Exhibit H)

AC ____

10. HHS Federal Funding Accountability and Transparency Act (FFATA) Certification Form

Section 6.5, Exhibit K)

AC ____

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

AC ____

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

AC ____

13. Other Reports (Section 6.6) AC ____

14. Corporate Guarantee (Section 6.7)

AC

15.

SPI (Section 2.3, Exhibits D and D-1)

16. Certificate of Authority (Section 6.11) AC ____

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17. TX-RAMP Documentation (Section 2.1.1, 6.9) AC ____

18. Accessibility (VPAT) (if applicable) (Section 6.10, Exhibit O, Exhibit O-1)

19. Insurance (Section 8.2, Exhibit R)

AC ____

20. Addendum(s) (if applicable) (Section 8.1.1) AC ____

B. Cost Proposal (Article VII, Exhibit M)

SC ____

C. Subcontracting Plan Requirements

(Section 6.8 and Exhibit Q)

SC ____

3.6.4 Labeling and Delivery for USB Submission and Other Materials

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

Overnight/Express/Priority Mail Hand Delivery

Health and Human Services Commission ATTN: Response Coordinator

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

Austin, Texas 78756

Health and Human Services Commission ATTN: Response Coordinator

Procurement & Contracting Services Building

1100 W. 49th St., MC 2020 Austin, Texas 78756

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

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

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

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SOLICITATION NO: HHS0015558v3

SOLICITATION NAME Video Directly Observed Therapy

SOLICITATION RESPONSE DEADLINE Refer to Section 3.1 (Schedule of Events)

PURCHASER NAME: Chastity Marion, CTCD, CTCM

RESPONDENT NAME: [Respondent Name]

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

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

3.6.5 Modifications and Withdrawals

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

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ARTICLE IV. SOLICITATION RESPONSE EVALUATION AND AWARD

PROCESS

4.1 CONFORMANCE WITH STATE LAW

Solicitation Responses shall be evaluated in accordance with Texas Government Code Section

2157.003. HHSC shall not be obligated to select the lowest priced Solicitation Response but shall make an award to the Respondent that provides the best value to the State of Texas.

4.2 BEST VALUE DETERMINATION

4.2.1 Selection Methodology

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

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

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

4.2.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below.

a. Respondents must have at least four (4) years of recent experience providing VDOT services and demonstrate experience implementing, monitoring, and maintaining a VDOT system..

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

c. Respondents who receive an overall score on the VPTS of less than a “C” may be disqualified from consideration for award.

https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2157&artSec=2157.003

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4.2.3 Initial Compliance Screening

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

HHSC will automatically disqualify any Solicitation Response that does not include one or more of the completed and signed (as applicable) Solicitation Consideration Documents listed in Submission Checklist (Section 3.6.3).

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

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

4.2.4 Written Solicitation Response Evaluation

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

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

4.2.5 Written Response Evaluation Criteria

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

a. Relevant Experience (30%)

b. Narrative and Technical Proposal (50%)

c. Cost (20%)

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4.2.6 Best and Final Offer (BAFO)

HHSC may, at its sole discretion, following the execution of Section 4.2.1 (Selection Methodology) request BAFOs from all Respondents or, if applicable, only those Respondents whose Solicitation Responses are ranked most highly by the evaluation committee. The request for a BAFO will allow a Respondent the opportunity to revise its original Solicitation Response, including pricing, or leave its Solicitation Responses originally submitted. Revisions must be submitted in the manner and form prescribed by the BAFO request. Requests will be sent to the point of contact provided by the Respondent. HHSC is not responsible for a Respondent’s failure to timely receive the BAFO request.

HHSC reserves the right to request more than one (1) BAFO from each of the selected Respondents. If a response is submitted to a request for a BAFO, the Final Written Response Scores will be revised in accordance with the stated criteria in Section 4.2.5 (Written Response Evaluation Criteria) as to any changes made to the Respondent’s original Solicitation Response. A request for a BAFO does not guarantee an award or further negotiations.

If BAFOs are requested by HHSC and submitted by the Respondent, they will be evaluated using the criteria stated in the BAFO invitation, scored, and ranked by the evaluation committee. The award will then be granted to the highest scoring Respondent. However, a Respondent should provide its best offer in its original Solicitation Response. Respondents should not expect or assume that HHSC will request a BAFO.

4.2.7 Final Written Response Score

A Respondent’s Final Written Response Score is the score from the Written Solicitation Response Evaluation (Section 4.2.4). If BAFOs are conducted, the Final Written Response Score may be adjusted in accordance with Section 4.2.6 (Best and Final Offer). Final Written Response Score may not always determine best value or selection for negotiation and award, see Summary of Best Value Determination (Section 4.2.8) for more information.

4.2.8 Summary of Best…