ESBD_File_239399_OE - Solicitation addendum 2 Hospital Services.docx

TEXAS WORKFORCE COMMISSION (TWC)

Procurement # 320-21-00176 Procurement Name: Open Enrollment for Hospital Services

GENERAL INFORMATION

A. Contract Type: Enrollment B. Posting This is a notice of Open Enrollment for Hospital Services (HS) to be provided to Vocational Rehabilitation (VR) Customers served by the Texas Workforce Commission (TWC) VR Division on behalf of TWC. Opportunities are available to provide Hospital Services for TWC VR Workforce Solutions offices in all areas of the state. Applicants must meet all requirements and specifications outlined herein.

C. TWC Points of Contact

1. Procurement. For purchasing-related inquiries, including sending an encrypted email to submit application electronically, contact:

a) Rebecca Stone at Rebecca.stone@twc.texas.gov

b) Consumer.Procurement@twc.texas.gov

2. Program. For program-related inquiries, including questions regarding the hospital services, contact:

a) Karen Brajcki at (512) 936-4269

b) Stuart McPhail at (512) 936-3460

c) vr.medicalservices@twc.texas.gov

D. Definitions

· Customer Information;

· Protected Health Information (PHI), in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information;

· Sensitive Personal Information, as defined by Texas Business and Commerce Code, Chapter 521;

· Federal Tax Information;

· Personally Identifiable Information (PII);

· Social Security Administration Data, including, without limitation, Medicaid information;

· All privileged work product; all information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552

CONTRACTOR

(or PROVIDER):

A legal business or individual who TWC is contracted with to provide goods and/or services for TWC Customers. Contractor can be used interchangeably with Provider, Service Provider, or Vendor.

E. Open Enrollment Period

F. Certifications By signing and submitting the Execution of Offer form with the Provider Enrollment Packet, Applicant attests to its compliance with the statements contained in the Applicant Certifications embedded below.

G. Contract Award TWC intends to award contracts to qualified Applicants throughout the enrollment period.

Entities, Applicants and/or individuals that are debarred or excluded by the federal government are excluded from receiving Federal contracts or certain subcontracts, and certain types of financial and nonfinancial assistance and benefits. Entities, Applicants and/or individuals that are debarred or excluded by the State of Texas are excluded from doing business with the state.

TWC may consider past performance when determining whether to award a contract to an Applicant, or any other factor it deems to be in the best interest of TWC or the State of Texas.

Participation in a post-award orientation will be required before any services related to the awarded contract can be performed.

H. Compensation

1. Hospital Services The lesser of:

a) An agreed upon flat percentage rate of fair billing.

OR

b) A negotiated rate lower than the percentage rate methodology described herein, and mutually agreed to by the TWC representative and an authorized representative of the Contractor on a case-by-case basis. This agreement shall be recorded on VR Form 3422, Reduced Payment Agreement, and signed by both parties prior to provision of the services.

OR

c) A rate otherwise defined in this section

i. Implantable Device: Implantable devices must be billed under revenue code 278 or 279 and includes any ancillary devices associated with the implantable devices, such as bars, screws, or glue. Implants not included in revenue code 278 or 279 are subject to exclusion from payment. Revenue codes 278 and 279 will be paid at the manufacturer’s list price plus 10% or the hospital’s supplier’s invoice price plus 10%. Current and accurate applicable documentation of Manufacturers List Price or the supplier’s invoice for the invoiced device must be submitted with the invoice for items billed under revenue code 278 or 279 to be paid.

ii. Robotic Surgery: TWC will pay for the primary surgical procedure that the surgeon deems necessary but will not permit an additional payment allowance for a robotic surgical technique or use of a robotic surgical system.

iii. MEDICAL RECORDS: Contractor's customary charges, not to exceed current MAPS rate.

2. When third party payments are available, the rate of payment for approved services is the lesser of the rate determined in H. 1 a-c above, or the contract rate to which the TWC customer or third-party payor are entitled by contract or law. Contractor agrees to:

a) Submit requests for all available third-party payments before billing TWC.

b) When billing TWC, provide TWC written documentation of third party payment or denial of payment, such as explanation of benefits, remittance and status reports.

c) Refund to TWC, within 60 days of receipt, any amount TWC has paid to the Contractor that has made the total payment received by Contractor for the services provided under the Contract exceed the rate of payment as determined in H. 1. a-c.

d) Except as specified in Section H. above, accept third party payments, other than Medicare Part B, as payment in full.

3. When the TWC customer is partially responsible for payment for approved services, TWC will pay to Contractor on behalf of TWC customer an amount equal to the TWC customer’s co-payment, co-insurance, or deductible due as a result of the TWC customer’s primary benefit coverage, not to exceed the rate of payment.

4. Personal service items, including but not limited to televisions, personal telephones, or gourmet meals, will not be paid for by TWC and Contractor will exclude such items from any itemized statement or billing presented by the Contractor to TWC.

5. TWC will only pay for ward or semi-private accommodations unless the attending physician certifies that a private room is a medical necessity or private accommodations are the only accommodations offered by the Contractor for that type of hospitalization.

I. TWC Standard Terms and Conditions Contracts resulting from this solicitation will include the TWC Standard Terms and Conditions for customers embedded below.

HOSPITAL SCOPE OF WORK

Hospital Services Requirements, Responsibilities, and TWC Policies Hospital Services Providers must be knowledgeable about their responsibilities and the service requirements applicable to them. The responsibilities of the Hospital Services Provider are defined in the TWC contract.

Hospital Services Scope of Work The Provider will offer services to customers whose medical needs can be met within the capability of the Provider’s staff and facilities. These services will include Inpatient and Outpatient Services provided to customers. Stand alone Ambulatory Surgery Centers and Stand Alone Clinics will not be included in a hospital contract issued by TWC. Hospital Services will be coordinated and authorized in advance by TWC by the submittal of a Service Authorization to the Provider. TWC will reimburse based on the individually executed contract.

C. Service Areas This is a Statewide Open Enrollment Solicitation. All Texas counties are included in this solicitation.

PROVIDER ENROLLMENT PACKET SUBMITTAL

A. Completed Enrollment Packets May be submitted at any time during the enrollment period. All forms must be completed in their entirety. For qualified Applicants that submit complete applications, contracts will be developed as they are approved. The volume of applications may vary during the enrollment period, and contracts may take three (3) months or more to be finalized, depending upon volume and workload.

The required method for packet submittal is via email transmission to: consumer.procurement@twc.texas.gov TWC is not responsible for applications sent to an address other than that stated in the solicitation, an application submitted after the closing date, illegible, incomplete, corrupted, or otherwise considered disqualified due to failure of electronic equipment or operator error. Failure to submit an application in accordance with the requirements of the solicitation may result in disqualification.

B. Instructions for submission via EMAIL

1. Encrypted Format

Important: All emailed submissions must be received by TWC in an encrypted format to protect the content from being read by entities other than the intended recipients.

If you do not have encryption software, email the procurement TWC Point of Contact listed in Section 1.C TWC Point of Contact above and request that an email be sent to you. Submitting your application to the TWC Point of Contact by return email will cause your submission to be received by TWC in an encrypted format when all required steps are followed.

2. Email Subject Line shall read: OE - Hospital Services 320-21-00176

3. Enrollment Packet Contents and Organization (Attachments):

Attached documentation shall include all required information delineated in Section 3.C Provider Enrollment Packet below. Submit each document/form as a separate document in the email as an attachment. Application will be rejected if the Applicant does not submit documents separately as described below. Organize the application following the defined order and use the naming conventions for each attachment as described in Section 3.C Provider Enrollment Packet.

Obtain ALL required hand-written “inked” signatures.

ALL emailed attachments MUST BE SCANNED IN PDF FORMAT FOLLOWING THE DIRECTIONS in Section 3.C Provider Enrollment Packet NOTE: Applications received via U.S. POSTAL, COURIER, or HAND DELIVERY will not be accepted nor processed.

C. Provider Enrollment Packet (Contents and Organization) TAB 1: Execution of Offer

Complete the Execution of Offer form.

Naming Convention for EMAIL submittals:

T1_Applicant’s Legal Name_Execution of Offer TAB 2: W-9 and Direct Deposit Form (VR1020)

VR1020 and the VR1020 instruction are embedded above or click here to access the VR1020 or here for the VR1020 Instructions to access the forms directly the forms catalog.

Alternative W-9 forms will not be accepted. If the W-9 shows a “Doing Business As” (DBA) designation, include a copy of County DBA registry letter. Include a copy of IRS letter assigning Federal Tax ID#.

Complete the TWC W-9 and Direct Deposit Form.

Naming Convention for email submittals:

T2_Applicant’s Legal Name_ W-9

TAB 3: Child Support Certification

VR1305 and the VR1305 instructions are embedded above or click here to access the VR1305 or here for the VR1305 Instructions to access the forms directly from the forms catalog.

Complete this form.

Provide the name and social security number (SSN) of the individual or sole proprietor, or if not a sole proprietorship, of each partner, shareholder, or owner with an ownership interest of at least twenty-five (25) percent of the business entity.

If no one person owns twenty-five (25) percent or more of the business, state Not Applicable (N/A) in the Name/SSN field and complete the remaining sections.

Naming Convention for email submittals:

T3_Applicant’s Legal Name_VR1305

TAB 4: Licensing, Credentials and Accreditations

Include copies of the following:

· Department of State Health Services (DSHS) licensure(s),

· Proof of any current credentialing by CMS through an accrediting body i.e. The Joint Commission, and any specialized credentialing related to application for this contract.

Naming Convention for email submittals:

T4_Applicant’s Legal Name_ Licensure

TAB 5: Form VR3118 Hospital Facility Information

VR3118 is embedded above or click here to access the VR3118 directly from the forms catalog.

Complete entire form and include on VR3118 the types of services the facility is able to provide.

Naming Convention for email submittals:

T5_Applicant’s Legal Name_VR3118 Open Enrollment - HOSPITAL SERVICES FY21 Page 9 of 12 image1.emf

OE - Applicant Certification form OGC 3.2020.pdf

Applicant Certifications Rev 3.2020

APPLICANT CERTIFICATIONS

Signing an Application with a false statement is a material breach of contract and will void the submitted Application or any resulting contract, and the Applicant will be removed from all of the lists.

1. The Applicant certifies that they have not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Application.

2. Pursuant to Tex. Gov't Code § 2155.004(a), Certain Bids and Contracts

Prohibited, the Applicant certifies that they have not received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based.

3. Pursuant to Tex. Gov't Code § 2155.004(b), Certain Bids and Contracts

Prohibited, the Applicant certifies that they are not ineligible to receive the specified contract and acknowledges that this contract may be terminated, and payment withheld if this certification is inaccurate.

4. Pursuant to Tex. Gov't Code § 2155.006(c), State Purchasing and General

Services under Prohibition on Certain Bids and Contracts, the Applicant certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

5. Pursuant to Tex. Gov't Code § 2261.053(c), State Contracting Standards &

Oversight under Prohibition on Certain Bids and Contracts, the Applicant certifies pursuant to this section that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

6. Pursuant to the Federal Antitrust Laws, 15 U.S.C. § 1 et seq., and the Texas

Free Enterprise and Antitrust Act of 1983, Tex. Bus. & Com. Code § 15.01 et seq., neither the Applicant nor the firm, corporation, partnership, or institution represented by the Applicant, or anyone acting for such firm, corporation, partnership, or institution, has (1) violated any provision of the Texas Free

Enterprise and Antitrust Act of 1983, Tex. Bus. & Com. Code § 15.01 et seq. or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Application to any competitor or any other person engaged in the same line of business as the Applicant. The Applicant hereby assigns to

TWC all of the Applicant’s rights, title and interest in and to all claims and causes of action Applicant may have under the antitrust laws of Texas or the

United States for overcharges associated with this Application or any resulting contract.

7. If applicable, pursuant to Tex. Fam. Code § 231.006(d), Ineligibility to Receive

State Grants or Loans or Receive Payments on State Contracts, the Applicant certifies that the individual or business entity named in this contract, bid, or

Application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, pursuant Tex. Fam.

Code § 231.006(c) a bid or an Application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or Application. This information must be provided prior to contract award.

8. Pursuant to Tex. Gov't Code § 2252.903, Contracting with Persons Who Have

Certain Debts or Delinquencies, the Applicant certifies that any payments due under the contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

9. Pursuant to Tex. Gov't Code § 2155.441, entitled Preference Under Service

Contracts, the Applicant agrees to purchase products and materials produced in this state when they are available at a price and time comparable to products and materials produced outside the State of Texas.

10. Under Tex. Gov't Code § 669.003, Contracting with Executive Head of State

Agency, the Applicant certifies that it does not employ, or has disclosed its employment of, any former executive head of TWC. If Tex. Gov't Code §

669.003 applies, the Applicant must complete the following information in package C: Name of Former Executive: Name of State Agency: Date of

Separation from State Agency: Position with Applicant: Date of Employment with Applicant.

11. The Applicant certifies that they qualify as a Texas Resident pursuant to 34

Tex. Admin. Code § 20.282(23) which states: that the Applicant either physically resided in the state for a period of not less than twelve (12) consecutive months prior to submitting an Application for HUB certification, and list Texas as their residency in their most recent tax return submitted to the U.S.

Internal Revenue Service, or the Applicant has established, to the satisfaction of the comptroller, a Texas domicile for a period of time sufficient to demonstrate their intention to permanently reside in the State of Texas.

12. The Applicant certifies that the Terms of the contract are accepted. By submitted the Application, Applicant represents and warrants that the individual submitting this document and the documents made part of this Application is authorized to sign such documents on behalf of the Applicant and to bind the

Applicant under any contract that may result from the submission of this

Application.

13. The Applicant represents and warrants that all statements and information prepared and submitted in this document are current, complete, true and accurate. Submitting an Application with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Application and any resulting contract.

14. The Applicant certifies that they will immediately notify TWC if at any time the contractor is not in compliance with the provisions of the contract. A false statement regarding the Applicant’s compliance with the terms of the contract will be treated as a material breach of the contract and may be grounds for

TWC to terminate the contract.

image2.emf

T and C VR Medical 01-13-2021.pdf

01-13-2021 –OGC Approved Medical T&C

STANDARD TERMS AND CONDITIONS

A. Sovereign Immunity. Nothing in this Contract shall be construed as a waiver of the state’s sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement of, any privileges, rights, defenses, remedies, or immunities available to the State of Texas under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. TWC does not waive any privileges, rights, defenses, or immunities available to TWC by entering into this Contract or by its conduct prior to or subsequent to entering into this Contract.

B. Severability. In the event that any provision of this Contract is later determined to be invalid, void, or unenforceable, then the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

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

D. Funds Availability. This Contract is subject to the availability of state and/or federal funds appropriated for the purposes of this Contract. If funds are not appropriated or made unavailable or if available funding is reduced, TWC will provide the Contractor with written notice of termination or any necessary payment suspension, or funding reduction. The Contractor will have no right of action against the State of Texas or TWC in the event that TWC is unable to fulfill its obligations under this Contract as a result of a lack of sufficient funding.

E. Amendments.

1. This Contract represents the entire agreement of the parties. Except as otherwise provided in subsection 2 of this paragraph, any changes, deletions, extensions or amendments to this Contract shall be in writing and signed by both parties.

2. Either party may provide written notice by letter to the other party at the address listed in Section I of the Contract of a change of address of the party or to change the contact name and contact information found in Section I of the Contract.

F. Contractor Notification.

The Contractor will notify TWC:

1. within two (2) business days if at any time the Contractor is not in compliance with the provisions of this Contract. A false statement regarding the Contractor's compliance with the terms of this Contract may be treated as a material breach of this Contract and may be grounds for TWC to terminate the Contract; and

2. at least sixty (60) calendar days before the intended effective date of any change in legal entity status, such as a change in ownership or control, name, legal status with the Texas Secretary of State, or Texas Identification Number issued by the Texas Comptroller of Public Accounts.

G. Participation of Historically Underutilized Businesses (HUBs). The Contractor shall comply with any HUB requirements identified in the solicitation under which the Contractor applied, if applicable.

H. Assignments. The Contractor may not assign a TWC contract in whole or in part, or any right or duty required under the Contract, without first obtaining written approval from TWC. Unless otherwise approved in writing by TWC, assignment will not release the Contractor from its contractual obligations. Contractor must submit a request for assignment a minimum of 60 days’ notice prior to the planned assignment.

I. Subcontracting. The Contractor accepts liability and retains responsibility for the performance of subcontractors providing services under the terms of this Contract.

Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of the Contractor. No subcontract under the Contract will relieve the Contractor of the responsibility for ensuring that the requested services are provided. The Contractor accepts responsibility for compensating any party with whom the Contractor enters into a subcontract to provide services under the terms of this Contract. If the Contractor uses a subcontractor for any or all of the work required, the following conditions will apply:

1. Contractors planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors;

2. Subcontracting shall be conducted solely at the Contractor’s expense;

3. TWC retains the right to check a subcontractor’s background and approve or reject the use of submitted subcontractors;

4. The Contractor shall be the sole contact for TWC; and

5. The Contractor shall list a designated point of contact for all TWC inquiries

J. Independent Contractor. The Contractor, Contractor's employees, representatives, agents, and any subcontractors shall serve as independent contractors with respect to TWC in providing services under this Contract, and as such the Contractor's employees are not employees of TWC, are not eligible for TWC employee benefits, and shall not represent themselves as TWC employees. Contractor is responsible for providing all legally required unemployment and workers' compensation insurance for the Contractor's employees.

K. Disclosures under the Act. The Contractor's records related to this Contract are subject to the requirements of Texas Government Code, Chapter 552, Public Information (the Public Information Act). Pursuant to Texas Government Code, § 2252.907 the Contractor agrees to make information not otherwise exempted from disclosure under Chapter 552 available in a format specified by TWC and accessible by the public.

L. HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR WILL DEFEND, INDEMNIFY,

AND HOLD HARMLESS THE STATE OF TEXAS, TWC, AND ITS OFFICERS AND

EMPLOYEES FROM ANY CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS,

DAMAGES, AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm http://www.legis.state.tx.us/tlodocs/83R/billtext/html/SB01368F.HTM

AND COURT COSTS CONNECTED WITH ANY ACTS OR OMISSIONS OF CONTRACTOR

OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER IN THE EXECUTION OR

PERFORMANCE OF THIS CONTRACT. CONTRACTOR WILL COORDINATE ITS DEFENSE

WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY TWC. THIS PARAGRAPH IS

NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE THE CONTRACTOR

TO INDEMNIFY OR HOLD HARMLESS TWC OR THE STATE FOR ANY CLAIMS OR

LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF TWC OR ITS

EMPLOYEES ACTING IN THEIR CAPACITY AS AN EMPLOYEE OF TWC.

IF CONTRACTOR IS A PHYSICIAN OR PSYCHIATRIST, THE STATE OF TEXAS SHALL

INDEMNIFY CONTRACTOR IN ACCORDANCE WITH TEX. CIV. PRACT. & REM. CODE,

CHAPTER 104; AND CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS TWC, ITS

EMPLOYEES AND AGENTS, ONLY WHEN ACTUAL DAMAGES, AND/OR COURT COSTS

AND ATTORNEYS’ FEES ARE ADJUDGED AGAINST TWC DUE TO CONTRACTOR’S

WILLFUL OR WRONGFUL ACT OR ACTS OF GROSS NEGLIGENCE OR WHEN THE COURT

IN ITS JUDGMENT OR A JURY IN ITS VERDICT FINDS THAT CONTRACTOR ACTED IN

BAD FAITH, WITH CONSCIOUS INDIFFERENCE OR RECKLESS DISREGARD.

M. Conflict of Interest. The Contractor warrants that it has no interest and will acquire no direct or indirect interest that would conflict in any manner with its performance under this Contract.

N. Renewal. If the solicitation leading to this Contract allows non-competitive renewal, such renewal will be based on TWC's determination that the Contractor is in compliance with all terms of the Contract, TWC's continuing need for the services, and available funding.

O. Privacy, Security, and Breach Notification

1. “TWC Confidential Information” means any communication or record (whether oral, written, electronically stored, or transmitted, or in any other form) provided to or made available to the Contractor electronically or through any other means that consists of or includes any or all of the following:

i. Customer Information;

ii. Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information;

iii. Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521;

iv. Federal Tax Information;

v. Personally, Identifiable Information;

vi. Social Security Administration Data, including, without limitation, Medicaid information;

vii. The Rehabilitation Act of 1973, 29 U.S.C., Chapter 16, as amended, and implementing regulations, 34 C.F.R., Parts 361 through 396, as applicable;

viii. All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health &

Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552.

2. Any TWC Confidential Information received by the Contractor under this Contract may be disclosed only in accordance with applicable law. Any electronically transmitted communication or record containing TWC Confidential Information must be sent in an encrypted format. By signing this Contract, the Contractor certifies that the Contractor is, and intends to remain for the term of this Contract, in compliance with all applicable state and federal laws and regulations with respect to privacy, security, and breach notification, including without limitation the following:

i. The relevant portions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. Chapter 7, Subchapter XI, Part C;

ii. 42 C.F.R. Part 2 and 45 C.F.R. Parts 160 and 164;

iii. The relevant portions of The Social Security Act, 42 U.S.C. Chapter 7;

iv. The Privacy Act of 1974, as amended by the Computer Matching and

Privacy Protection Act of 1988, 5 U.S.C. § 552a;

v. Internal Revenue Code, Title 26 of the United States Code including IRS

Publication 1075;

vi. OMB Memorandum 07-16;

vii. Texas Business and Commerce Code Chapter 521;

viii. Texas Health and Safety Code, § 81.046 and Chapters 181 and 611;

ix. Texas Human Resources Code § 12.003;

x. Texas Government Code, Chapter 552, as applicable;

xi. Title 3 of the Texas Occupations Code, as applicable;

xii. Constitutional and Common Law Privacy;

xiii. The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g;

34 C.F.R. Part 99); and,

xiv. Any other applicable law controlling the release of information created or obtained in the course of providing the services described in this Contract.

The Contractor further certifies that the Contractor will comply with all amendments, regulations, and guidance relating to those laws, to the extent applicable.

xv. Contractor will ensure that any subcontractor of the Contractor who has access to TWC Confidential Information will sign an agreement with Contractor that includes a requirement that the subcontractor shall comply with the terms of this section to protect TWC Confidential Information, and Contractor will submit a copy of that subcontractor agreement to TWC upon request.

P. Record Retention. The Contractor and any of its subcontractors associated with this Contract will retain financial and supporting documents, statistical records, and any other records pertinent to the services provided under this Contract for which a claim or report was submitted to TWC. The records and documents must be kept for seven

(7) years after the date of submission of the final invoice or until all billing-related questions are resolved, whichever is later. If Contractor is unable to retain records in accordance with this section, Contractor will notify the assigned TWC Contract Manager to arrange to deliver documents to TWC for proper retention and disposal. If this contract results in the expenditure of $1 million in public funds, Contractor agrees to comply with the requirements regarding records retention found in Subchapter J, Chapter 552, Texas Government Code. Further, Contractor agrees that if it knowingly or intentionally fails to comply with a requirement of that subchapter, the Contract can be terminated. These requirements include Government Code §§ 552.372(a)(1) (related to document preservation during the performance of a contract), 552.372(a)(2) (providing contracting information to TWC upon request), and 552.372(a)(3)(related to provision or retention of information on completion of the Contract).

Q. Authority to Audit. Acceptance of funds under this Contract acts as acceptance of the authority of TWC, the State Auditor's Office (SAO), federal funding agency or any successor agency, to conduct an audit or investigation of the Contractor or any subcontractors in connection with those funds during the term of the Contract and thereafter, as provided by law. Upon request, the Contractor and any of its subcontractors associated with this Contract will provide TWC, the SAO, the federal funding agency, their successor agencies, or any of their duly authorized representatives with any books, documents, papers and records that are directly pertinent to this Contract for the purpose of conducting audits, examinations, investigations, or matching funds validations, or for the purpose of making excerpts and transcriptions. The Contractor and subcontractors associated with this Contract will cooperate fully with the above parties in the conduct of an audit, examination, investigation, funds validation, or the making of excerpts and transcriptions. The Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor; the requirement to make books, records, documents and papers; and the requirement to cooperate is included in any subcontract that the Contractor awards under this Contract.

R. TWC Monitoring. The Contractor and any subcontractors associated with this Contract agree to permit on-site monitoring visits and desk reviews, as deemed necessary by TWC to review all financial or other records and management control systems relevant to the provision of goods and services under this Contract. The Contractor will include this requirement in any subcontract associated with this Contract.

S. Remedies. The Contractor and any of its subcontractors associated with this Contract will remedy in a timely manner, any weaknesses, deficiencies, or program noncompliance found as a result of a review, audit or investigation, and any performance or fiscal exceptions found by TWC, the SAO, the federal funding agency, their successor agencies, or any of their duly authorized representatives. The remedy can include a refund of disallowed costs or invoiced amounts or any other appropriate sanctions or penalties deemed necessary by TWC.

T. Law and Venue: The contract shall be executed in and governed, construed and interpreted under the laws of the state of Texas, without regard to the conflicts of law provisions. Contractor agrees that proper venue for a claim arising under the contract shall be brought in a court of competent jurisdiction in Travis County, Texas.

U. Change in Law: Any alterations, additions, or deletions to the terms of this Contract which are required by changes in federal or state law or regulations are automatically incorporated into this Contract without written amendment hereto, and shall become effective on the date designated by such law or by regulation.

V. Davis-Bacon Act: Contractors on all prime construction contracts in excess of $2,000 must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144) as supplemented by the Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction.”)

W. Federal and State Requirements. The Contractor will comply with all applicable state and federal laws, rules and regulations governing the provision of services under this Contract and state policies and procedures issued by TWC, including but not limited to requirements specifically stated in this Contract.

1. The Contractor agrees to comply with state and federal antidiscrimination laws, including without limitation:

i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.);

ii. Sections 504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 and 798):

iii. Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.);

iv. Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-6107);

v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688);

vi. Food and Nutrition Act of 2008 (7 U.S.C. § 2011 et seq.); and

vii. The TWC administrative rules, as set forth in the Texas Administrative

Code, to the extent applicable to this Contract.

2. The Contractor agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service, or other benefits provided by federal or state funding, or otherwise be subjected to discrimination.

3. The Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. Applicable state and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. The Contractor agrees to ensure that its policies do http://www.dol.gov/oasam/regs/statutes/titlevi.htm http://www.dol.gov/oasam/regs/statutes/sec504.htm http://www.section508.gov/Section-508-Of-The-Rehabilitation-Act http://www.eeoc.gov/laws/statutes/ada.cfm http://www.dol.gov/oasam/regs/statutes/age_act.htm http://www.dol.gov/oasam/regs/statutes/titleix.htm http://legcounsel.house.gov/Comps/Food%20And%20Nutrition%20Act%20Of%202008.pdf http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=3&ti=1&pt=15 http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=3&ti=1&pt=15 http://www.justice.gov/crt/about/cor/coord/titlevistat.php http://www.gpo.gov/fdsys/granule/CFR-2000-title45-vol1/CFR-2000-title45-vol1-part80 http://www.gpo.gov/fdsys/granule/CFR-2010-title7-vol1/CFR-2010-title7-vol1-part15 not have the effect of excluding or limiting the participation of persons in its programs, benefits, and activities on the basis of national origin. The Contractor also agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities.

4. The Contractor agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the U. S. Department of Agriculture or the U. S. Department of Health and Human Services shall not, in providing services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief.

5. Upon request, the Contractor will provide the TWC Civil Rights Division with copies of all of the Contractor’s civil rights policies and procedures.

6. The Contractor must notify TWC Civil Rights Division about any civil rights complaints received relating to its performance under this Contract. The notice must be delivered no more than ten (10) calendar days after the Contractor receives the complaint. Notice provided pursuant to this section must be directed to:

Texas Workforce Commission Civil Rights Division 101 East 15th Street, Guadalupe/CRD

Austin, Texas 78778-0001 Phone Toll Free: (888) 452-4778

Phone: (512) 463-2642 TTY Toll Free: (800) 735-2989

Fax: (512) 463-2643

7. Federal Grant Requirements. If applicable, the Contractor will comply with:

i. If applicable, the Contractor will comply with: Title 34 C.F.R. Part 74, Administration of Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations;

ii. The Office of Management and Budget's (OMB) circulars and/or 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;

iii. The Uniform Grant Management Standards (UGMS) issued by the State of Texas; and

iv. Contract Cost Principles and Procedures 48 C.F.R. Part 31.

8. Reporting of Abuse, Neglect, or Exploitation. The Contractor will comply with

Chapter 48, Human Resources Code, regarding reporting of abuse, exploitation, or neglect of persons with disabilities or persons who are age 65 or older.

9. E-Verify. To the extent required by law, the Contractor certifies and ensures that the Contractor utilizes and will continue to utilize, for the term of this Contract http://www.gpo.gov/fdsys/pkg/FR-2002-12-16/pdf/02-31831.pdf http://www.gpo.gov/fdsys/granule/CFR-2010-title45-vol1/CFR-2010-title45-vol1-part87 http://www.gpo.gov/fdsys/granule/CFR-2009-title7-vol1/CFR-2009-title7-vol1-part16 https://www.gpo.gov/fdsys/granule/CFR-2014-title2-vol1/CFR-2014-title2-vol1-part200/content-detail.html https://www.gpo.gov/fdsys/granule/CFR-2014-title2-vol1/CFR-2014-title2-vol1-part200/content-detail.html https://www.gpo.gov/fdsys/granule/CFR-2014-title2-vol1/CFR-2014-title2-vol1-part200/content-detail.html https://www.gpo.gov/fdsys/search/pagedetails.action?granuleId=CFR-2002-title48-vol1-part31&packageId=CFR-2002-title48-vol1 http://www.statutes.legis.state.tx.us/Docs/HR/htm/HR.48.htm including any subsequent extensions, the U.S. Department of Homeland Security’s E-Verify system to determine the eligibility of:

i. All persons employed to perform duties in Texas, during the term of the Contract; and

ii. All persons (including subcontractors) assigned by the respondent to perform work pursuant to the Contract, within the United States.

The Contractor shall provide, upon the request of TWC, an electronic or hardcopy screenshot of either the confirmation screen or the tentative non-confirmation screen containing the E-Verify case verification number for attachment to the Form I-9 for the three most recent hires that match the criteria above, by the Contractor, and Contractor’s subcontractors, as proof that this provision is being followed.

If this certification is falsely made, the Contract may be immediately terminated, at the discretion of the state and at no fault to the state, with no prior notification. The Contractor shall also be responsible for the costs of any re-solicitation that the state must undertake to replace the terminated contract.

10. If applicable, the Contractor will comply with:

i. Health and Safety Code § 85.113 (workplace and confidentiality guidelines regarding AIDS and HIV);

ii. The requirements of the Immigration Reform and Control Act of 1986 (8

U.S.C. §1324a, et seq.) and any subsequent immigration laws related to verification of employment and the retention of verification forms for any individuals hired after November 6, 1986, who will perform any labor or services under this Contract, including the Immigration Act of 1990 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(IIRIRA);

iii. All state and federal licensing and certification requirements and regulations prescribed by the U.S. Department of Health and Human Services, and TWC;

iv. The Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.);

v. All of the mandatory standards and policies relating to energy efficiency contained in the state’s energy conservation plan, Executive Order RP-49, and are related to the Energy Policy and Conservation Act (Pub.L.94-163);

vi. The Fair Labor Standards Act (FLSA) (29 U.S.C. §201 et seq.) regarding minimum wages, overtime pay, recordkeeping, and child labor;

vii. 42 U.S.C. §675(4), which requires that Foster care maintenance payments must be expended for items that are provided by foster parents and facilities; and

viii. Referral of Debt to IRS for Tax Refund Offset 45 C.F.R. Part 31.

11. Block Terrorism: The parties must adhere to the directions in the President’s

Executive Order (EO) 13224, Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism. This http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.85.htm http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html https://search.justice.gov/search?query=Immigration+Act+of+1990&op=Search&affiliate=justice https://www.uscis.gov/sites/default/files/ocomm/ilink/0-0-0-10948.html https://www.uscis.gov/sites/default/files/ocomm/ilink/0-0-0-10948.html https://www.epa.gov/clean-air-act-overview/clean-air-act-text https://www.fws.gov/laws/lawsdigest/fwatrpo.HTML https://www.fws.gov/laws/lawsdigest/fwatrpo.HTML http://www.lrl.state.tx.us/scanned/govdocs/Rick%20Perry/2005/proc102705.pdf https://www.govtrack.us/congress/bills/94/s622/text http://www.dol.gov/whd/regs/statutes/FairLaborStandAct.pdf http://www.ssa.gov/OP_Home/ssact/title04/0475.htm https://www.gpo.gov/fdsys/pkg/CFR-1996-title45-vol1/xml/CFR-1996-title45-vol1-part31.xml

Executive Order prohibits any transaction or dealing by United States persons, including but not limited to the making or receiving of any contribution of funds, goods, or services to or for the benefit of those persons listed in the General Services Administration’s Excluded Parties List System (EPLS) which may be viewed on the System for Award Management (SAM) site at http://www.sam.gov.

12. Drug-Free Workplace: Contractor agrees to provide a drug-free workplace in compliance with the Drug-Free Workplace Act of 1988 (41 U.S.C. 81).

13. Trafficking in Persons. Contractor acknowledges the requirements of 2 C.F.R. Part 175, including the U.S. Department of Education’s modifications to these requirements, and agrees to comply with the requirements regarding trafficking in persons.

14. Human Trafficking. Under Section 2155.0061, Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Contractor acknowledges that TWC may not award a contract to person convicted of on any offense related to the direct support of promotion of human trafficking during the five-year period preceding the date of award and that if TWC determines that Contractor is ineligible to have accepted the Contract, TWC may immediately terminate the Contract without further obligation to Contractor.

15. Specific Conditions for Disclosing Federal Funding in Public Announcements.

Contractor agrees that that all statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money from the U.S. Department of Education, shall clearly state:

1. the percentage of the total costs of the program or project which will be financed with Federal money;

2. the dollar amount of Federal funds for the project or program; and,

3. the percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources.

Recipients must comply with these conditions under Division H, Title V, Section 505 of Public Law 115-141, Consolidated Appropriations Act, 2018.

16.