ESBD_571136_1794259036859_HHS0017139 HHSC Informal Dispute Resolution Outsourcing.pdf

PCS 570 HHS RFQ RFQ No. HHS0017139 Page 1 of 33 Version 2.0 (02/27/2026)

Stephanie Muth, Executive Commissioner

Request for Qualifications (RFQ) for

Informal Dispute Resolution - Outsourcing

RFQ No. HHS0017139

Date of Release: November 9, 2026

See Section 3.1 for Schedule of Event

NIGP Class/Item Codes

961-05-Arbitration, Mediation, and Alternative Dispute Resolution Services

962-58-Professional Services (Not Otherwise Classified)

948-64-Nursing Services

PCS 570 HHS RFQ RFQ No. HHS0017139 Page 2 of 33

Table of Contents Article I. Introduction, Definitions, and Authority

1.1 Introduction

1.2 Definitions

1.3 Authority

Article II. Statement of Work

2.1 Description of Services

2.2 Contract Award, Term, and Historical Compensation

2.2.1 Contract Award and Reservation of Rights

2.2.2 Contract Term

2.2.3 Historical Compensation

2.3 No Guarantee of Volume, Usage, or Compensation

2.4 Data Use Agreement and Security Privacy Inquiry

2.5 Governmental Entities

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 Exceptions to Sole Point of Contact

3.3.3 Prohibited Communication

3.3.4 Solicitation Questions

3.4 SP Training

3.5 Solicitation Response Composition

3.5.1 General Information

3.5.2 Page Limit and Supporting Documentation

3.5.3 Discrepancies

3.5.4 Exceptions

3.5.5 Binding Offer

3.6 Solicitation Response Submission and Delivery

3.6.1 Deadline

3.6.2 Delivery

3.6.2.1 General Instructions

3.6.2.3 Submission Options

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3.6.3 Submission Checklist

3.6.4 Modifications and Withdrawals of Solicitation Response

3.6.5 Retention of Solicitation Responses

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

4.2.3.1 Verification of Past Vendor Performance

4.2.4 Written Solicitation Response Evaluation

4.2.5 Written Response Evaluation Criteria

4.2.6 Final Written Response Score

4.2.7 Additional Selection Considerations

4.2.8 Summary of Best Value Determination

4.3 Questions or Requests for Clarification

Article V. Statement of Qualifications

5.1 Executive Summary

5.2 Work Plan

5.3 Experience

5.4 Qualifications

5.5 Reporting Capabilities

5.6 Staffing Profile

Article VI. Required Respondent Information

6.1 Company Information

6.1.1 Company Narrative

6.1.2 Company Profile

6.2 Authorization to Conduct Business in Texas

6.3 References

6.4 Affirmations and Certifications

6.5 Financial Capacity

6.5.1 Demonstration of Reasonable Stability and Financial Solvency

6.5.2 Financial Statements and Financial Reports for Publicly Traded Companies

6.5.3 Financial Statements and Financial Solvency

PCS 570 HHS RFQ RFQ No. HHS0017139 Page 4 of 33

6.5.4 Alternate Report

6.6 Corporate Guarantee

6.7 Major Subcontractor Information

6.8 Additional Required Documentation

6.8.1 Appropriate Disinterested Person Disclosure

Article VII. SP Requirement

7.1 SP Submission Instructions

Article VIII. General Terms and Conditions

8.1 General Conditions

8.1.1 Changes, Modifications, and Cancellation of the Solicitation

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 Insurance

8.3 Protest

Article IX. List of Exhibits

PCS 570 HHS RFQ RFQ No. HHS0017139 Page 5 of 33

ARTICLE I. INTRODUCTION, DEFINITIONS, AND AUTHORITY

1.1 INTRODUCTION

The State of Texas, by and through the Texas Health and Human Services Commission (HHSC), seeks proposals from qualified disinterested organizations to conduct Informal Dispute Resolutions (IDR) in accordance with the specifications contained in this Request for Qualifications (RFQ).

Information regarding HHSC and its programs is available online and can currently be accessed at https://hhs.texas.gov/.

To be considered for award, Respondents must execute Exhibit A, HHS Solicitation Affirmations V. 2.10 and provide all other required information and documentation as set forth in this Solicitation.

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.

HHSC PCS will administer the procurement process for this Solicitation and will manage Respondent communications as well as the receipt of Solicitation Responses for review and evaluation.

1.2 DEFINITIONS

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the terms and conditions have the meanings assigned below. Refer to Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions – Vendor, Version 3.4, for additional definitions (e.g., Contract, Contractor, Deliverable, Effective Date, VetHUB, Services, Solicitation Response, Subcontractor, System Agency, Work, and Work Order).

“Addendum” means a written clarification or revision to this Solicitation posted on the ESBD.

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

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

“Business Day(s)” means any day (24-hour period) in which normal business operations are conducted (excluding weekends and holidays recognized in Texas Government Code Sec.

662.003).

https://hhs.texas.gov/ https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.662&artSec=662.003 https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.662&artSec=662.003

PCS 570 HHS RFQ RFQ No. HHS0017139 Page 6 of 33

“Contract Term” means the duration of the Contract, including any exercised extensions or renewals, commencing on the Effective Date and ending when the Contract expires in accordance with its terms, or when it has been terminated.

“ESBD” means the Electronic Business Daily, an online directory where State of Texas solicitations over $25,000 are posted. The ESBD may currently be accessed at https://www.txsmartbuy.gov/esbd.

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

“HHSC” means the Texas Health and Human Services Commission.

“HHSC PCS” means the Procurement and Contracting Services division of HHSC. HHSC PCS provides purchasing support services to DSHS and the Department of Family and Protective Services pursuant to Section 531.00553 of the Texas Government Code.

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

“State of Texas Subcontracting Plan” or “SP” means the written documentation regarding the use of Subcontractors that 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 SP subsequently becomes a provision of the Contract and Contractor’s compliance with the SP will be monitored during the Contract Term.

“Solicitation” means this RFQ 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.

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

“Statement of Qualifications” means the portion of the Solicitation Response that comprises a Respondent’s qualifications and skills as set out in Article V of the Solicitation.

“TX-RAMP” means the Texas Risk and Authorization Plan 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.

“VPTS” means the 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/.

https://www.txsmartbuy.gov/esbd https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

PCS 570 HHS RFQ RFQ No. HHS0017139 Page 7 of 33

1.3 AUTHORITY

This Solicitation is issued pursuant to the authority of Texas Government Code Chapter 2254, Subchapter A, Texas Government Code Chapter 2254.003, Texas Government Code 526, Subchapter E, Section 526.0202, and Texas Government Code 525, Subchapter C, Section 525.0101.

ARTICLE II. STATEMENT OF WORK

2.1 DESCRIPTION OF SERVICES

The IDRs must be consistent with 42 C.F.R. § 488.331, Chapter 7 of the Centers for Medicare and Medicaid Services (CMS) State Operations Manual, and Texas Government Code §

526.0202. Refer to Exhibit F, Statement of Work (SOW).

2.2 CONTRACT AWARD, TERM, AND HISTORICAL COMPENSATION

2.2.1 Contract Award and Reservation of Rights

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

If, for any reason, a contract cannot be executed with a Respondent selected for award within 30 Business Days of HHSC’s determination to seek to contract with that Respondent, HHSC may avail itself of any option permissible under applicable law including, but not limited to, negotiate a contract with the next highest scoring Respondent, make a partial award, or withdraw the Solicitation.

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

2.2.2 Contract Term

The initial term of the Contract will be three (3) years. HHSC, at its sole option, may extend any Contract awarded pursuant to this Solicitation for up to two (2) additional one-year periods.

The initial term of the Contract resulting from this RFQ will be effective beginning on the signature date of the latter of the Parties to sign the Contract with the operational start date for services to begin July 13, 2027, for three (3) years, through July 13, 2030. HHSC, at its sole option, may extend the Contract for up to two (2) additional one-year periods.

1st Renewal Option (if exercised): July 14, 2030 – July 14, 2031 2nd Renewal Option (if exercised): July 15, 2031 - July 15, 2032

PCS 570 HHS RFQ RFQ No. HHS0017139 Page 8 of 33

Notwithstanding the limitation in the preceding paragraph and with at least 30 calendar days’ advance written notice to Contractor, at the end of the initial term or any extension period, HHSC, at its sole option discretion, may extend the Contract as necessary to ensure continuity of service, for purposes of transition, or as otherwise determined by HHSC to serve the best interest of the State for up to and not to exceed 12 months at the then-current contract rate or rates or as modified during the Contract Term.

2.2.3 Historical Compensation

Historical compensation under transactions similar in scope and size to this Solicitation has been approximately $1,035,095.00 per State Fiscal Year. General cost information regarding previous transactions is provided solely for historical context and, as such, does not constitute a funding restriction for this Solicitation.

2.3 NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

HHSC makes no guarantee of volume, usage, or total compensation to be paid under the Contract. The Contract is subject to appropriations and the continuing availability of funds.

2.4 DATA USE AGREEMENT AND SECURITY PRIVACY INQUIRY

a. Contractor is bound by the terms of Exhibit D, HHS Data Use Agreement v 8.5 or Exhibit D-2, Governmental Entity Version Data Use Agreement v 8.5.

b. In its Solicitation Response, Respondent must complete and return Exhibit D-1, Texas HHS System Data Use Agreement - Attachment 2 - Security and Privacy Inquiry (SPI).

c. Contractor shall ensure that all Confidential Information (as defined in the DUA), including such information residing on back-up systems, remains within the United States. Confidential Information shall not be accessed by Contractor personnel located outside of the United States.

Furthermore, Confidential Information may not be received, stored, processed, or disposed via information technology systems located outside of the United States.

2.5 GOVERNMENTAL ENTITIES

If Respondent is responding to this Solicitation in its capacity as a governmental entity, certain terms and conditions found in this Solicitation, including the exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Solicitation Response is received from a governmental entity, HHSC reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

Page Left Intentionally Blank

PCS 570 HHS RFQ RFQ No. HHS0017139 Page 9 of 33

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Solicitation Posting Date on the ESBD

(Date of Release)

See Date of Release on Page 1 of Solicitation

Subcontracting Plan (SP) Training

Attendance is Optional

November 12, 2026 at 2:00 p.m.

Central Time

Deadline for Submitting Questions November 13, 2026 by 5:00 p.m.

Central Time

Tentative Date Responses to Questions Posted on the

ESBD

November 24, 2026

Subcontracting Plan (SP) Courtesy Review November 25, 2026 by 5:00 p.m.

Central Time

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

December 10, 2026 by 10:30 a.m.

Central Time

Evaluation Period January 2027

Tentative Date for Notice of Award Posted on the

ESBD

June 2027

Anticipated Contract Effective Date July 2027

All dates specified in the Schedule of Events are tentative and HHSC reserves the right to modify the dates or cancel the scheduled events at any time. Scheduling changes or cancellation determinations made by HHSC prior to the Deadline for Submission of Solicitation Responses will be posted as an Addendum on the ESBD. If, after the Deadline for Submission of Solicitation Responses, there are delays that significantly impact the anticipated award date, HHSC, at its sole discretion, may publish updates regarding the anticipated award date in the Procurement Forecast (https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf) located on the HHS Procurement Opportunities webpage currently accessed at https://www.hhs.texas.gov/business/contracting-hhs/procurement-opportunities.

https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://apps.hhs.texas.gov/procurement-calendar/procurement-forecast.pdf https://www.hhs.texas.gov/business/contracting-hhs/procurement-opportunities

PCS 570 HHS RFQ RFQ No. HHS0017139 Page 10 of 33

In accordance with Texas Administrative Code, Title 1, Part 15, Chapter 391, Subchapter C, Rule §391.305, HHSC will issue a Notice of Intent to Award in the Procurement Forecast located on the HHS Procurement Opportunities webpage under Future Opportunities, Intent to Award Notices & Delayed Procurements.

Each Respondent is responsible for periodically checking the ESBD and the HHSC Procurement Forecast for updates.

3.2 AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the individual specified in Section 3.3.1 (Sole Point of Contact) 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 individual specified in Section 3.3.1 (Sole Point of Contact) 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 regarding this Solicitation shall be made in writing to HHSC PCS and addressed to the person identified below (Sole Point of Contact), except as permitted in Section 3.3.2 (Exceptions to Sole Point of Contact). If a telephone number is provided by the Sole Point of Contact, its use is limited to administerial matters such as instructing a potential Respondent on accessing an IT system or locating a website referenced in the Solicitation. Communications via telephone are not binding. Respondent shall rely only on written statements issued by or through HHSC PCS designated staff as provided by Section 3.3 (Inquiries).

PCS 570 HHS RFQ RFQ No. HHS0017139 Page 11 of 33

Name Irene Martinez, CTCD, CTCM

Title PCS Purchaser

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

Phone 210-438-6238

Email irene.martinez03@hhs.texas.gov

This email is for communication regarding the RFQ package and processes.

It is NOT to be used for submission of response.

3.3.2 Exceptions to Sole Point of Contact

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

a. A Respondent with a question relating to the Subcontracting Plan is permitted to direct its written question(s) to the VetHUB coordinator via email at cheryl.bradley@hhs.texas.gov.

b. The Sole Point of Contact may expressly direct another designated HHSC representative to speak to the Respondent, such as during contract negotiations. It is the Respondent’s responsibility to ensure that communications with an individual other than the Sole Point of Contact 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 as provided in Section 3.3.3 (Prohibited Communication).

c. The Sole Point of Contact will authorize an alternate or backup Sole Point of Contact in the event of their extended absence from the office and, in such an event, the contact information for the secondary Sole Point of Contact will be in placed in an automatic reply out-of-office email message. A Respondent seeking to contact the Sole Point of Contact should do so via email in order to timely receive updated contact information.

3.3.3 Prohibited Communication

Except as provided in Section 3.3.1 (Sole Point of Contact) and Section 3.3.2 (Exceptions to Sole Point of Contact), a Respondent or potential Respondent is prohibited from communicating with HHSC regarding this Solicitation. HHSC including its representative(s) and partners, will not answer any verbal or written questions or otherwise discuss the contents of this Solicitation with any Respondent, potential Respondent, or their associated representative(s).

This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation. Failure to comply with this restriction may result in disqualification of Respondent's Solicitation Response.

mailto:cheryl.bradley@hhs.texas.gov

PCS 570 HHS RFQ RFQ No. HHS0017139 Page 12 of 33

3.3.4 Solicitation Questions

Written questions regarding this Solicitation must be submitted by email to the individual specified in Section 3.3.1 (Sole Point of Contact) by the deadline specified in Section 3.1 (Schedule of Events). Responses to the Solicitation questions will not be emailed to the individual requestors. Responses to all Solicitation questions timely received will be posted on the ESBD by the deadline specified in Section 3.1 (Schedule of Events). If same or similar Solicitation questions are submitted, a single consolidated answer may be posted on the ESBD.

All questions regarding the Solicitation must include the following information:

a. Solicitation number;

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

c. Question topic (e.g., “Schedule of Events,” or “Exhibit A, HHS Solicitation Affirmations, Version 2.10”); and

d. Question.

In addition, the following contact information must be provided by the requestor with its submission of the Solicitation question(s):

1. Business entity name;

2. Business entity representative name;

3. Phone number; and

4. Email address.

Solicitation questions received after the deadline specified in Section 3.1 (Schedule of Events) may not be answered. Prior to the Solicitation Response deadline specified in Section 3.1 (Schedule of Events), HHSC PCS reserves the right to amend answers previously posted on the ESBD. Amended answers will be posted on the ESBD. It is the Respondent's responsibility to periodically check the ESBD.

3.4 SP TRAINING

HHSC PCS will conduct SP Training. Attendance is optional but highly recommended. SP Training Logistical Information HHSC PCS will hold SP training by Microsoft Teams webinar on the date and time specified 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 individual identified in Section 3.3.1 (Sole Point of Contact) at least 72 hours before SP Training in order to have reasonable accommodations made by HHSC.

Webinar Information:

https://events.teams.microsoft.com/event/af8ab8af-a3fa-41b2-a12d-2c9e97723253@9bf97732-

82b9-499b-b16a-a93e8ebd536b Dial in by phone: 512-580-4366

Phone Conference ID: 442 916 985# https://events.teams.microsoft.com/event/af8ab8af-a3fa-41b2-a12d-2c9e97723253@9bf97732-82b9-499b-b16a-a93e8ebd536b https://events.teams.microsoft.com/event/af8ab8af-a3fa-41b2-a12d-2c9e97723253@9bf97732-82b9-499b-b16a-a93e8ebd536b

PCS 570 HHS RFQ RFQ No. HHS0017139 Page 13 of 33

3.5 SOLICITATION RESPONSE COMPOSITION

3.5.1 General Information

Respondent should focus on the instructions and requirements of the Solicitation. Respondent should 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. Failure of Respondent to submit all required information and documents within its Solicitation Response in the required format(s) may result in disqualification of the Solicitation Response without further consideration.

3.5.2 Page Limit and Supporting Documentation

The Statement of Qualifications, described in Article V, Statement of Qualifications, must not exceed 75 pages, not including supporting documentation provided as appendices or attachments to the Statement of Qualifications. A Statement of Qualifications may be submitted with supporting documentation if (1) complete and concise responses cannot be provided within the Statement of Qualifications without referencing the supporting documentation, (2) the Statement of Qualifications clearly specifies the location (e.g., file, page, section, and/or paragraph) where the supporting information can be found, and (3) such supporting documentation is submitted as part of the Solicitation Response.

The Statement of Qualifications must be properly paginated, formatted as an 8 ½" x 11" page with 1-inch margins, and use a 12 point or larger font, except that a smaller font may be used for page headers and footers, footnotes, and illustrations such as tables, charts, diagrams, figures, graphs and other visual aids. If a font smaller than 12 point is used, the text when printed on 8 ½" x 11" paper must not require magnification to be legible. Large organizational charts, diagrams, or technical schematics may be formatted as an 11” x 17” page. Times New Roman font is preferred.

The Statement of Qualifications must not include other documents embedded as electronic files within the text and must not include hypertext links. The Statement of Qualifications, including supporting documentation, submitted as an electronic file should be pre-formatted for printing on 8 ½" x 11" paper.

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” specified in the Section 3.1 (Schedule of Events (Section 3.1) to remedy discrepancies or variations in Solicitation Response submissions.

PCS 570 HHS RFQ RFQ No. HHS0017139 Page 14 of 33

3.5.4 Exceptions

A Respondent is highly encouraged, in lieu of including exceptions in its Solicitation Response, to address all issues that might be advanced by way of exception by submitting such issues as questions in accordance with Section 3.3.4 (Solicitation Questions).

A Solicitation Response that is not responsive to the Solicitation requirements may result in disqualification. If a Respondent includes any exception(s) in its Solicitation Response, Respondent must specifically and clearly identify each exception on the Exceptions Form, Exhibit E and provide all information requested on the form. Any exception that is not submitted on the form and in the format prescribed by the Exceptions Form, Exhibit E may be rejected without consideration.

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 the Contract unless expressly agreed by HHSC and made a part of the Contract in writing.

3.5.5 Binding Offer

A Solicitation Response constitutes a binding offer to contract based upon the terms, conditions, and specifications set forth in this Solicitation. 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.

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

A Solicitation Response may be disqualified as non-responsive to the Solicitation if it includes any disclaimer asserting a conditional offer (e.g., Respondent’s ability to contract is contingent on an exception or assumption provided in accordance with Section 3.5.4 (Exceptions) or other similar statement indicating that the Solicitation does not constitute a binding offer.

3.6 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.6.1 Deadline

Respondent is solely responsible for ensuring timely delivery of its Solicitation Response by the date and time specified in Section 3.1 (Schedule of Events). HHSC PCS will date and time stamp each Solicitation Response. Solicitation Responses received after the deadline specified in Section 3.1 (Schedule of Events) will be rejected and not considered for contract award.

3.6.2 Delivery

3.6.2.1 General Instructions

It is the Respondent’s responsibility to appropriately mark and deliver the Solicitation Response to HHSC PCS by the date and time specified in Section 3.1 (Schedule of Events). HHSC will not be responsible for submission errors that may lead to disqualification due to nonreceipt or

PCS 570 HHS RFQ RFQ No. HHS0017139 Page 15 of 33 late delivery of a Solicitation Response. In no event will HHSC be responsible or liable for any delay or error in delivery.

3.6.2.2 Solicitation Response – Component Parts

Respondent shall submit its Solicitation Response in component parts as described below:

a. One (1) file/folder named “Original” that contains the Respondent’s entire Solicitation

Response (except the Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

b. In accordance with Section 7.1 (SP Submission Instructions), one (1) file/folder named “Subcontracting Plan” in searchable PDF, that contains the Respondent’s Subcontracting Plan, and all supporting documentation.

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

3.6.2.3 Submission Options

Respondent must submit the Solicitation Response using one of the following submission options. A Solicitation Response submitted by any other method will not be considered.

Submission Option No. 1: HHS Online Bid Room. Respondent shall submit the Solicitation Response packet through the Online Bid Room utilizing the procedures outlined in Exhibit J, Online Bid Room Information and in accordance with Section 3.6.2.2, Solicitation Response- Component Parts. File Size Limitation: Restriction to 250MB per file Submission Option No. 2: USB Drive. Respondent shall submit the Solicitation Response using the procedures specified in this section.

Respondent must place the Solicitation Response on two (2) USB drives. The content on each USB drive must be identical. One (1) USB drive must be labeled “Original” The second USB drive must be labeled “Copy.”

Respondent must use the following on the address label of the package and deliver the Solicitation Response by one of the methods specified 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

A Solicitation Response delivered by mail or hand delivery must be placed in a sealed package. It is Respondent’s sole responsibility to ensure that packaging is sufficient to prevent damage to

PCS 570 HHS RFQ RFQ No. HHS0017139 Page 16 of 33 contents. HHSC will not be held responsible for any Solicitation Response that is mishandled prior to receipt by HHSC PCS.

The sealed package and each USB drive must be clearly labeled on the outside as follows:

SOLICITATION NO: HHS0017139

SOLICITATION NAME Informal Dispute Resolution - Outsourcing

DEADLINE FOR SUBMISSION OF

SOLICITATION RESPONSES

Refer to Section 3.1 (Schedule of Events).

PURCHASER NAME: Respondent to include purchaser name from Section 3.3.1 (Sole Point of Contact).

RESPONDENT NAME: Respondent to include its name.

Respondent is solely responsible for ensuring its Solicitation Response is submitted in accordance with all Solicitation requirements including, but not limited to, correct address labels, proper identification of packages, sufficient postage or delivery fees, and ensuring timely receipt by HHSC. A dated shipping label, invoice of receipt from the delivery carrier, or any other documentation in lieu of the HHSC PCS date and time stamp WILL NOT be accepted.

3.6.3 Submission Checklist

Solicitation Consideration and Award Consideration Documents, defined in Section 1.2 (Definitions), must be submitted by the Deadline for Submission of Solicitation Responses specified in 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 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.

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 of the Solicitation Response.

a. Statement of Qualifications and Respondent Information

1. Statement of Qualifications (Article V) SC ____

2. Minimum Qualification Documentation

(Sections 4.2.2 and 5.2) SC ____

3. SPI (Section 2.4, Exhibit D- 1)

AC ____

4. Exceptions Form (Section 3.5.4, Exhibit E) AC ____

5. Company Information (Section 6.1) SC ____

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6. Authorization to Conduct Business in Texas and Franchise Tax Exemption

(Section 6.2) AC ____

7. References (Section 6.3) AC ____

8. HHS Solicitation Affirmations (Section 6.4, Exhibit A) SC ____

9. Assurances – Non-Construction Programs

(Section 6.4, Exhibit H)

AC

10. Certification Regarding Lobbying (Section 6.4, Exhibit I) AC ____

11. Financial Capacity (Section 6.5) AC ____

12. Corporate Guarantee (Section 6.6) AC ____

13. Major Subcontractor Information (Section 6.7) AC ____

14. Signed Addenda (if applicable) AC ____

b. Subcontracting Plan (SP) (Article VII, Exhibit K) SC ____

3.6.4 Modifications and Withdrawals of Solicitation Response

Prior to the Solicitation Response submission deadline specified in Section 3.1 (Schedule of Events), Respondent may either (1) withdraw its Solicitation Response by submitting a written request to the individual identified in Section 3.3.1 (Sole Point of Contact), or (2) modify its Solicitation Response by submitting a written amendment to the individual identified in Section

3.3.1 (Sole Point of Contact). When modifying its Solicitation Response, Respondent must provide written notice signed by an authorized representative that specifically identifies the portion(s) of the Solicitation Response that will be replaced or removed by the amendment.

3.6.5 Retention of Solicitation Responses

A Solicitation Response becomes the property of HHSC after submission and will not be returned to the Respondent.

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 2254.003.

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HHSC will make the selection of one (1) Respondent (if any) to contract with HHSC on the basis of Section 4.2.3 Initial Compliance Screening and the evaluation of responses based on the scoring criteria referenced in Section 4.2.5, Written Response Evaluation Criteria. A fair and reasonable price will be requested from the Respondent who demonstrates competence and qualifications to perform the Services.

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 Solicitation 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

Respondent must meet the minimum qualifications listed below.

Respondent’s staff must include at least one (1) Registered Nurse (RN).

a. Respondent must be an appropriate disinterested person as specified in Exhibit F, Statement of Work (SOW).

b. Respondent organization shall have five (5) years of experience conducting Informal Dispute

Resolutions (IDRs) reviews; and

c. Respondents must be financially solvent and adequately capitalized, as specified in Section

6.5, Financial Capacity.

4.2.3 Initial Compliance Screening

HHSC will review Solicitation Responses for compliance with Section 3.6.3 (Submission Checklist) and for demonstrated ability to meet the minimum qualifications specified in Section

4.2.2 (Minimum Qualifications) required to advance to evaluations. Failure to meet the minimum qualifications specified in Section 4.2.2 (Minimum Qualifications), will result in the disqualification of the Solicitation Response.

HHSC will automatically disqualify any Solicitation Response that does not include one (1) or more of the completed and signed (as applicable) SC Documents listed in Section 3.6.3 (Submission Checklist).

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

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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.

4.2.3.1 Verification of Past Vendor Performance

By submitting a Solicitation Response, Respondent generally releases from liability and waives all claims against any party providing information about Respondent at the request of HHSC.

At its sole discretion, Respondents may be rejected as a result of unsatisfactory past performance under any contract(s) as reflected in vendor performance reports, reference checks, or other sources.

Respondent’s past performance may be considered prior to making an award determination.

a. Reasons for which a Respondent may be denied a contract include, but are not limited to:

1. Respondent has unfavorable reports or grade less than a “C” on the CPA Vendor Performance Tracking System (VPTS);

2. Respondent is currently under a corrective action plan through HHSC;

3. Respondent has had repeated, negative vendor performance reports for the same reason;

4. Respondent has a record of repeated non-responsiveness to vendor performance issues; or

5. Respondent has contracts or purchase orders that have been cancelled in the previous 12 months for non-performance or sub-standard performance.

b. HHSC may examine other sources of vendor performance, which may include information provided by any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the federal government. The performance information may include, but is not limited to:

1. Notices of termination;

2. Cure notices;

3. Assessments of liquidated damages;

4. Litigation;

5. Audit reports; and

6. Non-renewals of contracts.

d. HHSC, at its sole discretion, may initiate investigations or examinations of vendor performance based upon media reports. Any negative findings, as determined by HHSC in its sole discretion, may result in HHSC’s removing Respondent from further consideration for award.

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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.

4.2.5 Written Response Evaluation Criteria

A Solicitation Response shall be consistently evaluated and scored in accordance with the following criteria. Refer to Exhibit C, Evaluation Tool.

a. Qualifications 25%

b. Experience 30%

c. Work Plan 30%

d. Reporting Capabilities 15%

4.2.6 Final Written Response Score

A Respondent’s Final Written Response Score is the score from Section 4.2.4 (Written Solicitation Response Evaluation). Final Written Response Score may not always determine best value or selection for negotiation and award, see Section 4.2.7 (Additional Selection Considerations) and Section 4.2.8 (Summary of Best Value Determination) for more information.

4.2.7 Additional Selection Considerations

Solicitation Responses should not include any information regarding Respondent’s fees, pricing, or other compensation. Pricing will not be considered during the evaluation process.

Upon completion of the written solicitation response evaluations, HHSC will select the most highly qualified Respondent based on demonstrated competence and qualifications and then attempt to negotiate a fair and reasonable price for the services.

If a satisfactory contract cannot be negotiated with the most highly qualified Respondent, HHSC will formally end negotiations with the Respondent and then attempt to negotiate a fair and reasonable price with the next most highly qualified Respondent. This process may continue until a contract is executed for the service solicited.

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4.2.8 Summary of Best Value Determination

The final selection for award will be based on best value, as determined by this section. This includes any scoring adjustments for outliers or other additional considerations as specified by this Solicitation. Respondents are encouraged to thoroughly review the processes outlined in this section, as it documents the best value considerations to be made by HHSC when selecting a Respondent for negotiation and Contract award.

4.3 QUESTIONS OR REQUESTS FOR CLARIFICATION

By submitting a Solicitation Response, Respondent grants HHSC the right to ask questions, request clarifications and to obtain any information from any lawful source regarding the past history, practices, conduct, ability, and eligibility of the Respondent to supply Services and to fulfill requirements under this Solicitation, and the past history, practices, conduct, ability, and eligibility of any director, officer, or key employee of the Respondent. By submitting a Solicitation Response, the Respondent generally releases from liability and waives all claims against any party providing information about the Respondent at the request of HHSC. Such information may be taken into consideration in evaluating the Solicitation Response.

ARTICLE V. STATEMENT OF QUALIFICATIONS

5.1 EXECUTIVE SUMMARY

Respondent must provide an executive summary of its qualifications as well as a full and concise summary of the contents of the Solicitation Response. The overview should highlight key aspects of the Solicitation Response including Respondent’s understanding of any stated goals or objectives for this Solicitation. Respondent must include a statement in the executive summary that the Solicitation Response is responsive to all the requirements of this RFQ and Exhibit F, Statement of Work (SOW). The executive summary must not exceed two (2) pages.

If Respondent is providing services beyond those specifically required by this Solicitation, those services must be identified in the Solicitation Response. If Respondent is offering services that do not meet the specific requirements of this Solicitation, but in the opinion of the Respondent are equivalent or superior to those specifically requested, any such differences must be noted in the executive summary. Failure to submit a Solicitation Response that is responsive to the requirements of the Solicitation may result in disqualification of the Solicitation Response.

5.2 WORK PLAN

a. Respondent must describe a documented review process. This includes all standard procedures and addresses requirements of Exhibit F, Statement of Work, Section 2.1.2, PCS 570 HHS RFQ RFQ No. HHS0017139 Page 22 of 33

Laws, Rules and Regulations and Section 2.1.3, Requirements for the Informal Dispute Resolution Process, including the strategies the Respondent uses to assure:

1. IDRs will be completed within the statutory timeframes;

2. Review process is transparent and includes sharing of information;

3. Use of two levels of reviews; and

4. An optional IDR conference will be provided at no charge to the facility.

b. Respondent must describe the ability to meet requirements as described in Exhibit F, Statement of Work, Section 2.1.4.5, Additional Requirements.

5.3 EXPERIENCE

a. Respondent must describe the organizational experience conducting unbiased IDRs with respect to requirements of Exhibit F, Statement of Work, Section 2.1.4.3, Contractor Experience.

b. Respondent must describe the experience staff has with respect to requirements in Exhibit F, Statement of Work, Section 2.1.4.3, Contractor Experience. Include staff’s experience and knowledge to conduct IDRs in coordination with long-term care facilities. Respondent must provide a key staffing profile and resumes for staff that will be responsible for the performance of the Services requested under this Solicitation.

5.4 QUALIFICATIONS

a. Respondent must describe work related to disputed regulatory matters. Focus on reviews of compliance concerning medicine, nursing, building fire and life safety code regulations.

b. Respondent must describe the ability to meet the nurse staff qualifications in Exhibit F, Statement of Work, Section 2.1.4.2, Staff Requirements.

5.5 REPORTING CAPABILITIES

a. Respondent shall describe how it will meet the reporting requirements of Exhibit F, Statement of Work, Section 2.1.7 , Deliverables and Section 2.1.8, Levels of Service and Performance Measures.

b. Respondent shall explain how it will recommend revisions to an IDR outcome after HHSC determines that IDR outcome violates a federal law, regulation or the CMS State Operations Manual.

5.6 STAFFING PROFILE

Respondent must provide staffing profiles and resumes for all key personnel who will be responsible for the performance of the Services required by this Solicitation.

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ARTICLE VI. REQUIRED RESPONDENT INFORMATION

6.1 COMPANY INFORMATION

In its Solicitation Response, Respondent must include the information required by this section.

6.1.1 Company Narrative

Respondent must provide a detailed narrative explaining its experience and qualifications to provide the Services specified in Exhibit F, Statement of Work. Respondent’s narrative should focus on key strengths and competitive advantages.

6.1.2 Company Profile

Respondent must provide a company profile that includes the following:

a. Respondent’s ownership structure (e.g., corporation, partnership, LLC, or sole proprietorship), including any wholly-owned subsidiaries, affiliated companies, or joint ventures. Information must be provided in both a narrative and a graphical representation. If Respondent is an affiliate of, or has a joint venture or strategic alliance with, another company, Respondent must identify the percentage of ownership of each joint venture member or affiliate and the percentage of the parent’s ownership;

b. Respondent’s proposed operating structure for the Services requested under this Solicitation and which entities (e.g., parent company, affiliate, subcontractor) will be performing them must be identified. A Solicitation Response that proposes a joint venture of two or more business entities, a joint response from more than one business entity, or other similar group arrangement is not responsive to this Solicitation. A Respondent may team with multiple business entities to provide the requested services under a prime vendor-subcontractor arrangement. The business entity performing the majority of the Work under the Contract, throughout the Contract Term, must be the Respondent;

c. The year the company was founded and/or incorporated. If incorporated, Respondent must indicate the state where the company is incorporated and the date of incorporation;

d. The location of company headquarters and any field office(s) that may provide Services under the Contract;

e. The number of employees in the company, both locally and nationally, and the location(s) from which employees will be assigned;

f. The name, address, and telephone number of Respondent’s point of contact for the Contract;

g. The name, address, and telephone number of Respondent’s point of contact for any questions regarding the Solicitation Response; and

h. Indicate whether the company has ever been in contract with any Texas state agency. If

“Yes,” then provide a brief description of the scope of services and service period for each Texas state agency contract.

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6.2 AUTHORIZATION TO CONDUCT BUSINESS IN TEXAS

Respondent must be authorized to do business in the State of Texas prior to an award.

Respondent must provide a Certificate of Fact from the Texas Secretary of State showing that it is authorized to do business in…