ESBD_File_279813_OE HHS0011919 Clinical Examiner Services for Civilly Committed Sex Offenders 033122.docx

TEXAS CIVIL COMMITMENT OFFICE(TCCO)

OPEN ENROLLMENT (OE)

for

CLINICAL EXAMINER SERVICES FOR CIVILLY COMMITTED SEX OFFENDERS

OE No. HHS0011919

NIGP Class/Item No:

948-76;948-48

Table of Contents

SECTION 1. SCHEDULE OF EVENTS

Enrollment Period Opens (Posted to HHS OE Opportunities webpage and Electronic State Business Daily) March 31, 2022

Enrollment Period Closes (Final date for RECEIPT of Applications) August 31, 2026

Applications must be received by the Texas Health and Human Services Commission (HHSC) prior to the closing date as indicated in this Schedule of Events or as changed via an Addendum posted to the HHSC Open Enrollment (OE) Opportunities webpage and Electronic State Business Daily. Every Applicant is solely responsible for ensuring its Application is received before the submission period closes. HHSC and TCCO are not responsible for lost, misdirected or late applications.

The dates in the Schedule of Events are tentative. HHSC and TCCO reserve the right to modify these dates at any time by posting an Addendum to the HHS OE Opportunities webpage and ESBD.

By submitting an Application, the Applicant represents and warrants that any person submitting the Application and any related documents on behalf of the Applicant is authorized to do so and has the express authority to bind the Applicant under any resulting contract.

Withdrawal of Application:

Applications may be withdrawn from consideration or amended at any time prior to the “Enrollment Period Closes” date by emailing a request to the Point of Contact, Section 4. The e-mail subject line should contain the OE number and title as indicated on the cover page. The Applicant is solely responsible for ensuring requests are received timely by HHSC. HHSC and TCCO is not responsible for lost, misdirected or late emails.

SECTION 2. OVERVIEW

2.1. INTRODUCTION

HHSC is an agency within the Texas Health and Human Services (HHS) system. The Procurement and Contracting Services (PCS) division of HHSC administers solicitations for HHS.

TCCO is a state agency that is administratively attached to HHSC under Government Code §420A.011, which allows HHSC to provide administrative services, including purchasing, to TCCO.

HHSC PCS is seeking Applications on behalf of TCCO to establish Contracts to provide clinical examinations for civilly committed sex offenders. TCCO is required under Texas Health and Safety Code §841.101 to contract with an expert to conduct a biennial examination of a person committed under Chapter 841 and to provide a report of the examination to the court having jurisdiction over the person’s commitment as part of a biennial review process.

TCCO will utilize a rotation schedule to select clinical examiners. A TCCO client identified as requiring a clinical examination will be referred to an approved clinical examiner based on the following:

This OE contains standardized requirements that all applicants must meet to be considered for contracts under this OE. Failure to comply with these requirements will result in disqualification of the applicant without further consideration.

Each applicant is solely responsible for the preparation and submission of an application in accordance with instructions contained in the OE.

The solicitation period begins upon publication, and will remain open through August 31, 2026. TCCO may, at its sole discretion, extend the closing date of this OE. As stated in Section II, TCCO may also, at its sole discretion, withdraw this OE before the stated date the solicitation period ends.

To be considered for award, Applicants must submit a comprehensive Response which includes all required information and documentation as outlined in this document. The Applicant will meet all requirements, possesses the required experience and qualifications and has the capacity to provide the goods and related services described in this Solicitation. See Appendix A, Submission Instructions and Response Checklist.

2.2. LEGAL AUTHORITY

TCCO is authorized to enter into contracts through Texas Health and Safety Code Chapter 841.

2.3. NO GUARANTEE OF VOLUME, USAGE OR COMPENSATION

TCCO does not guarantee any volume, usage, or compensation to be paid to any Contractor under any Contract resulting from this Solicitation. Additionally, all TCCO contracts are subject to appropriations, the availability of funds, and termination.

This Contract may be terminated by mutual agreement of both Parties. Either Party may terminate this Contract by giving the other Party thirty (30) days written notice of its intent to terminate. Written notice may be sent by any method, which provides verification of receipt, and the thirty (30) days will be calculated from the date of receipt. This Contract may be terminated for cause by either Party for breach or failure to perform an essential requirement of the Contract.

Upon termination of all or part of this Contract, TCCO and the Contractor will be discharged from any further obligation created under the applicable terms of this Contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination to include availability to provide testimony related to a biennial examination.

The resulting contract will be subject to the availability of state funds. Contracts awarded under this OE and any anticipated contract renewals are contingent upon the continued availability of funding.

TCCO reserves the right to alter, amend or withdraw this OE at any time prior to the execution of a contract if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or agencies, amendment of the appropriations act, Health and Human services agency consolidations, or any other disruption of current appropriations. If a contract has been fully executed and these circumstances arise, the provisions of the Termination Article will apply.

Issuance of this OE in no way constitutes a commitment by TCCO or the State of Texas to execute a contract or to pay any costs incurred by any provider who may submit application.

SECTION 3. DEFINITIONS AND ACRONYMS

Unless the context clearly indicates otherwise, throughout this OE, the definition given to a term below applies whenever the term appears in this OE, in any Application submitted in response to this Open Enrollment, and in any Contract awarded as a result of this OE. All other terms have their ordinary and common meaning.

Contractor (Provider) Each Applicant, if any, awarded a Contract as a result of this OE. May also be referred to as Provider. Unless the context clearly indicates otherwise, all terms and conditions of this OE and resulting Contract that refer to Applicant apply with equal force to Contractor (Provider).

A person or entity that submits a response to a solicitation. For purposes of this document, “contractor” is intended to include such phrases as “offeror”, “applicant”, “responder”, “Contractor”, or other similar terminology employed by TCCO to describe the person or entity that responds to a solicitation.

Court Ordered Examination Expert examination that focuses on specific factors as ordered by the court. This type of examination shall include a recommendation to assist the court in its determination regarding the client’s civil commitment order.

Electronic State Business Daily (ESBD) The electronic online directory, administered by the Comptroller of Public Accounts, Statewide Procurement Division (SPD), for publishing procurement opportunities which exceed $25,000 in total estimated value and for providing public notice of contract awards. The ESBD may be accessed through the CPA web site at: http://www.txsmartbuy.com/sp.

Note: The Texas Comptroller of Public Accounts (CPA) recommends utilizing Google Chrome when navigating CPA websites.

HHS

OE

Opportunities The HHS web page where OE are posted: https://apps.hhs.texas.gov/pcs/openenrollment.cfm

Open Enrollment

(OE)

This document, including all exhibits, attachments and addenda, as applicable, posted on the HHS OE Opportunities webpage.

Procurement and Contracting Services The division within the HHSC that provides direction and support of purchasing, contracting and HUB services. PCS oversees, coordinates, and assists TCCO with procurement needs. PCS maintains the official contract file from procurement to contract closeout.

Sexually Violent Predator (SVP) Is a repeat sexually violent offender that suffers from a behavioral abnormality which makes it likely that he/she would engage in repeated predatory acts of sexual violence.

Texas Identification Number (TIN) The 11-digit identification number set up through the Texas Comptroller of Public Accounts which is required for any entity or person to receive payment under a Contract with the State of Texas. Also known as Texas Payee ID Number required in Exhibit A, Affirmations and Solicitation Acceptance. Further information regarding this number may be accessed on the CPA website at https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq.

Vendor Identification Number (Vendor ID No.)

Fourteen-digit number needed for any entity, whether vendor or sub recipient, to contract with the State of Texas and which must be set up with the State Comptroller’s Office. It consists of a ten-digit identification number (IRS number, state agency number, or social security number) +check digit + 3-digit mail code. The Vendor ID No. includes all the numbers in the TINs (defined above), including a 3-digit mail code for a total of 14-digits.

SECTION 4. GENERAL INFORMATION

4.1. SOLE POINT OF CONTACT

All questions, requests for clarification, or other communication about this OE shall be made in writing only to TCCO sole point of contact listed below.

Attempts to ask questions by phone or in person will not be allowed or recognized as valid.

Roxanne Lackey Special Projects Coordinator roxanne.lackey@tcco.texas.gov

Applications should NOT be submitted to this address. See Appendix A for submission requirements.

Applicants shall direct all communications, including questions or clarifications relating to this Solicitation, in writing by e-mail to the HHSC PCS sole point of contact named above; communications by phone will not be accepted. See Appendix A for submission requirements.

A. Submission

The completed application, which includes all forms, must be submitted to the physical address specified below. Emailed applications will be acceptable.

Texas Civil Commitment Office ATTN: Roxanne Lackey OE: Clinical Examiner Services for Civilly Committed Sex Offenders OE No. HHS0011919 4616 West Howard Lane Building 2, Suite 350 Austin, TX 78728 Email: Roxanne.Lackey@tcco.texas.gov

B. Rejection of Applications

1. TCCO reserves the right to reject any or all applications and is not liable for any costs incurred by the applicant in the development or submission of the application.

2. Any attempt by an employee, officer, or agent of the contractor to influence the outcome of TCCO’s review through contact with any Board Member or staff member of TCCO will result in rejection of the application.

3. Any material misrepresentation in an application submitted to TCCO will result in rejection of the application.

4. Applications may be rejected for failure to meet eligibility criteria or inability to perform required activities.

C. Authority to Bind TCCO

For the purposes of this OE, the TCCO Board or the Executive Director are the only individuals who may legally commit TCCO to the expenditure of public funds under the contract. No costs chargeable to the proposed contract will be reimbursed before the contract is fully executed.

D. Exceptions

Any exceptions to the requirements in the OE will be specifically detailed in writing by the Contractor. TCCO will accept or reject each proposed exception in writing. TCCO reserves the right to adjust the funding allocation to Contractors pursuant to the terms of the contract.

4.2. CHANGES, MODIFICATIONS AND CANCELLATION

TCCO reserves the right to change, amend, or modify this Solicitation prior to the Response Deadline indicated in the Procurement Schedule (cover page). Changes, amendments and modifications will be processed through one or more Addendum. The notification for any Addendum will be processed in accordance with Section 4.2.1.

TCCO reserves the right to cancel this Solicitation at any time. The notice of cancellation will be in accordance with Section 4.2.1.

4.2.1 ADVERTISEMENT OF CHANGES, MODIFICATIONS OR CANCELLATION

If TCCO determines that the OE needs to be changed or modified, either an addendum will be posted on the OE Opportunities webpage and the ESBD or the OE will be canceled. The action to be taken will be determined at the sole discretion of TCCO. Furthermore, if the OE will be canceled, TCCO will determine, in its sole discretion, if a new OE will be posted.

TCCO will not be responsible or liable in any regard for the failure of any individual or entity to receive notification of any posting to the OE Opportunities webpage or the ESBD. It is the responsibility of each Applicant to monitor the OE Opportunities webpage and the ESBD for any Addenda or additional information regarding this OE. Failure to monitor the OE Opportunities webpage or the ESBD will in no way release or relieve any Applicant or Contractor of its obligations to fulfill the requirements as posted.

4.3. OFFER PERIOD

By submitting an Application in response to this OE, Applicant agrees that its Application will remain a firm and binding offer to enter into a Contract under all terms and conditions of this OE for at least 240 days from the date applications are due, as stated in Exhibit A, Affirmations and Solicitation Acceptance, unless withdrawn by the Applicant before the Enrollment Period closes.

An Applicant may extend the time for which its Application will be honored and include the extended period in the Application.

4.4. COSTS INCURRED

HHSC and TCCO accept no obligations for costs incurred in preparing, submitting, and screening an Application, including, but not limited to, costs or expenses related to contract execution.

Applicants understand that issuance of this OE or retention of Applications in no way constitutes a commitment by TCCO to award a Contract. All Applications shall be prepared simply and economically, providing a straightforward, concise delineation of the Applicant’s capabilities to satisfy the requirements of this OE and submitted at the sole expense of the Applicant.

4.5. OE QUESTIONS OR CLARIFICATIONS

4.5.1 QUESTIONS AND REQUESTS FOR CLARIFICATION

TCCO will allow written questions and requests for clarification regarding this Solicitation if submitted by e-mail to the Sole Point of Contact, Section 4.1.

Responses to questions or other written requests for clarification will not be provided individually to requestors but will be consolidated in one or more Addenda.

However, if TCCO determines, based on a question, request for clarification, or any other factor (including, but not limited to notices of ambiguity, conflict, or discrepancy as reference in Section 4.5.3, below), that the OE needs to be amended or clarified, either an addendum will be posted on the OE Opportunities webpage and ESBD or the OE will be canceled. The action to be taken will be determined at the sole discretion of TCCO. Furthermore, if the OE will be canceled, TCCO will determine, in its sole discretion, if a new OE will be posted.

4.5.2 QUESTION AND CLARIFICATION FORMAT

Questions and requests for clarification must include the following information:

a. the OE Number

b. the question or request for clarification, providing the following information:

· OE language, topic, section heading

· Section, Paragraph and Page number(s) or Exhibit/Attachment

The requestor must provide the following contact information:

a. Company Name

b. Company Representative Name

c. Phone Number

d. E-Mail address

4.5.3 AMBIGUITY, CONFLICT, DISCREPANCY

Applicants must notify the Sole Point of Contact, Section 4.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the OE. Notices must be submitted in the same manner for submitting questions.

Each Applicant submits its Application at its own risk.

If an Applicant fails to properly and timely notify the Sole Point of Contact, Section 4.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the OE, the Applicant, whether awarded a contract or not:

a. shall have waived any claim of error or ambiguity in the OE and any resulting contract,

b. shall not contest the interpretation by TCCO of such provision(s), and

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

SECTION 5. CONTRACT TERM

5.1. TERM OF CONTRACT

TCCO intends to award multiple contracts under this OE.

Contracts awarded under this OE will begin on the date of execution thru August 31, 2026. TCCO may, at its sole discretion, renew a contract after the initial term.

5.2 EXTENSION OPTION

TCCO, at its sole discretion, may renew the Contract for up to four (4) additional one-year period contract terms.

Such renewal(s), if exercised, shall be subject to all the requirements and terms and conditions of the Contract.

Renewal is contingent upon the availability of funds and the satisfactory performance of the Contractor during the prior contract period.

SECTION 6. MINIMUM QUALIFICATIONS

To be eligible to apply for a Contract and receive an award, Applicant(s), must be eligible, qualified and meet all requirements of this OE. Applicant requirements apply with equal force to Contractors and Providers awarded contracts under this OE.

6.1 REQUIRED EXPERIENCE

A. To be considered for contract award under this OE, an Applicant shall have a minimum of three (3) years’ relevant experience performing the services as outlined in this OE or similar services.

B. All personnel assigned to perform the services must be fully trained and have a minimum of three (3) years’ experience.

C. References: Applicants must provide a minimum of three (3) references reflecting positive performance for current or previous contracts for similar or same services during the two (2)-year period immediately preceding submission of the Application.

6.2 LICENSURE AND ACCREDITATION

Applicant and all personnel and technicians assigned to provide services under the Contract must have all permits, licenses, and certifications required by applicable law as required by Section 6.3 of this OE and Form E, Texas Clinical Examiner License.

Assigned personnel and technicians, who may include department directors or equivalent positions, providing services that, by law, require a professional license or certification, must hold a current, valid, and applicable Texas license or certification in good standing.

Contractor is responsible for ensuring all Contractor staff and subcontractors, if any, hold current, valid, and applicable licenses or certifications in good standing.

A copy of each license or certification – both for the Applicant and all assigned personnel, as applicable -- must be submitted with your Application.

Each Contractor is required to maintain all required permits, licenses, and certifications for the business during the term of the Contract. The Contractor and Contractor’s personnel and subcontractors, if any, must also maintain their individual required permits, licenses, and certifications during the term of the Contract. All required permits, licenses, or certifications must be included with submitted Applications. During annual contract reviews, Contractor shall provide updated licenses or certifications at TCCO’s request.

6.3 ADDITIONAL MINIMUM QUALIFICATIONS FOR CONTRACTOR AND CONTRACTOR PERSONNEL

Eligible applicants include organizations established as a legal entity under state statutes and have the authority to do business in Texas.

Eligible applicants for purposes of this OE are licensed psychologists with the State of Texas who have experience conducting clinical examinations. Applicants with experience in conducting sex offender clinical examinations are preferred. Applicants must adhere to the guidelines as required by the respective licensing board and must comply with the criteria listed below.

A. Applicant must be established as an appropriate legal entity as described in the paragraph above, under state statutes and must have the authority and be in good standing to do business in Texas and to conduct the activities described in the OE.

B. Applicant must be authorized to conduct business in the state of Texas and have a Texas address. A post office box may be used when the application is submitted.

C. Applicant must pass checks as listed in this OE in section 15.2, Compliance for Participation in State Contracts.

D. Applicant must provide a copy of each examiner’s current Texas Psychologist license and documentation of respective licensing board. The psychologist examiner license by the respective licensing board shall remain in effect through the contract period and any renewal period.

E. Applicants must provide a copy of a current resume reflecting experience conducting sex offender and other types of clinical examinations.

F. Applicant must maintain professional malpractice insurance in accordance with the current standards established by the provider's applicable professional licensing board. Professional malpractice insurance must be maintained by all examiners during the term of this contract; refer to Form H. The Applicant shall disclose to TCCO the amount of professional malpractice insurance the examiners maintain and the insurance company with whom they carry the policy. The Applicant shall submit to TCCO a copy of the declaration page of each examiners "Professional Malpractice Insurance" policy and "Errors and Omissions Insurance" policy.

The Applicant must submit to TCCO changes to the examiner's policy of professional malpractice insurance including, but not limited to, insurance renewal information or policy expiration or termination information and the reasons for such expiration or termination of the policy.

Except as expressly provided above, applicant is not considered eligible to apply unless the applicant meets the eligibility requirements to the stated criteria listed above at the time the application is submitted. Applicant must continue to meet these conditions throughout the selection and funding process. TCCO expressly reserves the right to review and analyze the documentation submitted and to request additional documentation, and determine the applicant’s eligibility for the contract award.

SECTION 7. STATEMENT OF WORK

7.1. PROJECT OVERVIEW

TCCO sexually violent predators (SVP) Clients are sex offenders that have been civilly committed pursuant to the Texas Health and Safety Code, Title 11, Chapter 841. The SVP Clients have been adjudicated to be SVPs that suffer from a behavioral abnormality which makes it likely that the client would engage in repeated predatory acts of sexual violence. The SVP Clients have a history of at least two convictions for a sexually violent offense and have been released from prison to TCCO’s supervision and treatment.

TCCO requires qualified clinical examiners, namely psychologists, for the purposes of this OE, to conduct Clinical Examination Services (hereinafter referred to as Services) for civilly committed Clients (hereinafter referred to as SVP Clients) which may include the following examinations: Biennial, Transition, Court Ordered, Supplemental, and Special. The clinical examiner shall conduct a face-to-face clinical examination based on testing for psychopathy, a clinical interview, and other appropriate assessments and techniques to include static and dynamic risk assessment and a review of previous assessments to aid TCCO and the court in its assessment. Upon completion of a clinical examination, the clinical examiner shall prepare a detailed report and be available to provide expert testimony in court as needed.

TCCO is seeking services statewide. The majority of examinations will be conducted at the Texas Civil Commitment Center in Littlefield, Texas. Examinations for SVP Clients residing outside the Texas Civil Commitment Center shall be completed at Contractor's office or at a location designated by TCCO.

The Contractor must provide the Services in accordance with applicable federal and state law, including all constitutional, legal, and court ordered requirements whether now in effect or hereinafter implemented. The Contractor must comply with TCCO policies, procedures, and regulations during the term of the contract. The Contractor must comply with all applicable local and state standards, codes, and regulations including zoning, fire, health, and sanitation.

Services shall be rendered at the most practical and cost effective site for the delivery of services. When the SVP Client’s residential facility or treatment location are the most practical and cost effective sites for delivery of services, the Contractor may request to have services provided at those locations. The Contractor shall coordinate with the TCCO Case Analyst to provide services at the desired location.

In the event the Contractor’s place of business is determined to be in a Child Safety Zone, the Contractor may be required to seek an alternative location subject to the approval by TCCO. If the proposed site has a cost associated with its use, the cost will be the responsibility of the Contractor. The Contractor must be willing to travel within the State of Texas to conduct clinical examination services.

TCCO shall refer SVP Clients for the clinical examination to the Contractor in accordance with TCCO policy. The Contractor must schedule the examination within thirty (30) days of the date of referral. The Contractor shall review the documents as listed below to facilitate the completion of a comprehensive clinical examination.

· Offense reports;

· Copies of available social and criminal history documentation of the SVP Client;

· SVP Client’s order of civil commitment;

· Pre-civil commitment examination;

· Past biennial examinations;

· Risk Assessments - Static 99 or Static 99R, whichever applies; Dynamic Risk Assessment completed by the Texas Department of Criminal Justice;

· Treatment provider intake assessment and progress reports;

· Plethysmograph (PPG) and polygraph examination reports;

· Case manager reports, to include any program violation reports; and

· Any other documents or information deemed pertinent to the examination.

7.2. CONTRACTOR (PROVIDER) RESPONSIBILITIES AND SERVICES TO BE PROVIDED

Referrals

The Contractor shall accept, or reject, in a timely fashion, defined as five (5) business day, all referrals made by TCCO. Contractor must conduct clinical examinations at a location approved by TCCO.

General Requirements

· The Contractor shall obtain approval from TCCO for each clinical examination, prior to performing services for TCCO SVP clients.

· The Contractor should have a working knowledge and understanding of the current statutes governing the Texas sex offender civil commitment program.

· The Contractor shall accurately document time and travel as stated in the state travel policy.

· The Contractor shall maintain his/her own office site at his/her own expense.

· The Contractor shall maintain his/her own transportation, auto liability insurance, cellular phone, and a computer with internet access using an approved browser to interact with the case management automated system.

· The Contractor shall coordinate the date and time of the clinical interview with designated TCCO staff.

· Any re-examinations require the approval of TCCO prior to performing the service.

Type of Exams:

a. Biennial Exam Every two years, an SVP Client is entitled to a biennial examination conducted by a clinical examiner. The examination includes a file review, face-to-face interview with the client and review of client's progress in treatment and supervision. The clinical examiner may also speak with the SVP Client's assigned treatment provider and case manager. The purpose of the examination is to determine whether the SVP Client's behavioral abnormality has changed such that the SVP Client is no longer likely to engage in a predatory act of sexual violence. The clinical examiner is required to prepare a report stating his or her opinion as to whether the SVP Client's behavioral abnormality has changed.

b. Transitional Exam A transition evaluation is an evaluation that focuses on specific factors including, but not limited to, a client’s compliance with program requirements and progress in treatment, or lack thereof. A transition evaluation may be requested by TCCO management and would include a recommendation to assist TCCO in the determination of a client’s readiness for placement in a less restrictive alternative and/or completion of a short- and long-term plan to address a client’s risks and needs.

c. Court-Ordered Exam Expert examination that focuses on specific factors as ordered by the court. This type of examination shall include a recommendation to assist the court in its determination regarding the client’s civil commitment order.

d. Special Exam Expert examination that focuses on specific factors as identified by the TCCO. This type of examination shall be requested by TCCO when a clinical examination is needed to address a specific need that does not meet the criteria set for any of the other types of examinations.

e. Supplemental Report A report to be completed upon request to provide targeted information and a recommendation regarding a specific area of the client’s life, condition, behavior and/or needs. This type of report builds upon a clinical examination completed by the examiner within a specific time frame.

A. Reports for all Exams

The examiner shall submit a detailed written report to TCCO by the due date established by the designated TCCO staff.

The report shall include:

· SVP Client’s name;

· State Identification (SID) number;

· date of evaluation;

· methods of testing;

· analysis of test data;

· description of sex history;

· background history including birth/development;

· family/marital history, to include any information obtained from family members;

· education history;

· work history;

· military history;

· behavior or treatment records, including any information obtained from treatment providers or collateral contacts such as polygraph and plethysmograph examiners;

· substance abuse history;

· legal history;

· other medical history;

· psychiatric history;

· current psychiatric symptoms;

· mental status examinations;

· any diagnosis of mental illness deemed appropriate as per the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-V);

· the clinical examiner's signature;

· typed name of the clinical examiner; and

· the title of the clinical examiner

Additionally, reports for biennial examinations shall state the Contractor's opinion as to whether the SVP Client's behavioral abnormality has changed such that the SVP Client is no longer likely to engage in a predatory act of sexual violence.

The Contractor shall notify the designated TCCO staff immediately upon conclusion of the session when the client:

· Fails to attend an examination session;

· Displays disruptive behavior;

· Refuses to submit to evaluation

· Manifests signs of re-offending; or

· Displays concerns of community/facility safety and welfare or self-harm.

B. Location of Exam

The majority of exams will take place at the Texas Civil Commitment Center in Littlefield, Texas. For exams taking place at Contractor's place of business, the Contractor must ensure the examination location site is not within a Child Safety Zone; refer to Form G.

The Contractor must provide entry to examination locations at all times by the TCCO Board and TCCO authorized employees/agents for inspections and other official purposes. The Contractor must provide the Governor, members of the Legislature and all other members of the Executive and Judicial departments of the State, as well as any other persons designated by TCCO, access to monitor the delivery of services.

C. Security of Records and Disclosure of Information

The Contractor shall require that staff providing Services specified meet sufficient standards of integrity to ensure that:

· The confidentiality of SVP Client records is not compromised.

· Unauthorized access to client records is not allowed and no information is disclosed to any third party without written authorization from TCCO.

The Contractor shall not divulge or make known, in any manner to any person, any personal information concerning SVP Clients, except as may be necessary in the performance of the Contract. The Contractor shall ensure that all individuals that have access to, or custody of, confidential client records sign a statement containing the confidentiality requirements of this Contract.

The Contractor shall notify TCCO immediately upon receipt of any legal process requiring disclosure of SVP Client records. The Contractor shall provide TCCO notification and a copy of any subpoena served. Any release of client records shall be coordinated through TCCO.

The Contractor shall notify TCCO immediately upon receipt of a subpoena to submit an affidavit and/or appear and provide testimony in any legal proceedings convened by a court of competent jurisdiction. The Contractor shall provide TCCO notification and a copy of any subpoena served. Affidavits and/or Contractor court appearances shall be coordinated with TCCO. Failure to comply with notification and coordination requirements may result in non-payment of any services performed in response to any subpoena served.

7.3. PERFORMANCE CRITERIA AND STANDARDS

TCCO will look solely to the Contractor(s) for the performance of all contractual obligations resulting from an award based on this Solicitation. No Contractor will be relieved of its obligations for any nonperformance by its Subcontractor(s).

The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, TCCO policies and procedures and all orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the Contract including, if applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations.

Contractor shall comply with all obligations and duties under the Contract. In addition, the Contractor shall adhere to the following performance standards:

Contractor’s failure to meet the standards listed above will result in a deduction to the monthly Contractor payment.

TCCO will assess compliance with performance measures on a monthly basis. In the event a standard is found to be non-compliant, a payment adjustment may be made to contractor’s monthly billing. TCCO shall notify the contractor in writing of any payment adjustments made and indicate the reason for the adjustment.

TCCO may request a corrective action plan to address numerous or repeat instances of non-compliance. TCCO may consider contract termination for numerous and ongoing instances of non-compliance.

7.4. CONTRACTOR PERSONNEL PERFORMANCE

A. Contractor shall not employ or contract with or permit the employment of unfit or unqualified persons or persons not skilled in the tasks assigned to them.

B. The Contractor shall at all times employ sufficient personnel to carry out functions and services in the manner and time prescribed by the Contract.

C. The Contractor shall be responsible for the acts and omissions of the Contractor’s employees, agents (including, but not limited to, lobbyists) and subcontractors and shall enforce strict discipline among the Contractor’s employees, agents (including, but not limited to, lobbyists) and subcontractors performing the services under the Contract.

D. TCCO at its sole discretion, may request in writing the immediate removal of any Contractor personnel or subcontractor personnel from the services being provided under the Contract. Upon such request, Contractor shall immediately remove the subject personnel and submit in writing to TCCO within 5 calendar days of TCCO’s request for removal, confirmation of the removal and assurance of continued, compliant Contract performance.

7.5. NOTICE OF CRIMINAL ACTIVITY

At the time of submission, Applicants shall provide confirmation that the Applicant, any person with ownership or controlling interest in Applicant, and Applicant’s agents, employees, subcontractors and volunteers who will be providing the required services:

a. have not engaged in any activity that does or could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority; and

b. have not been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program, or sex crime.

This is a continuing disclosure requirement; prior to Contract award, if any, Applicants must notify the Sole Point of Contact within five days of the date Applicant learns of actions set forth in subsections (a) and (b) above. Additionally, this is a continuing disclosure requirement for each Contractor, during the term of the Contract, to immediately report, in writing, to TCCO contract manager when Contractor learns of or has any reason to believe it or any person with ownership or controlling interest in Contractor, or any of Contractor’s agents, employees, subcontractors or volunteers has: engaged in any activity that does or could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority; or been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to the involvement in any financial matter, federal or state program, or sex crime.

Contractor shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by TCCO contract manager.

Personnel with sex offender, child or adult abuse, or fraud offenses shall not be allowed to provide Contract services and shall not be allowed access to TCCO property, facilities, or documents.

Key personnel with misdemeanor offenses must receive prior approval by TCCO before being allowed to work under this contract.

TCCO at its sole discretion, may terminate any Contract if Contractor, its agents, employees, subcontractors, or volunteers are arrested, indicted, or convicted of any criminal activity.

7.6 NOTICE OF INSOLVENCY OR INDEBTEDNESS

At the time of submission, Applicants shall provide with the Application detailed written descriptions of any insolvency, incapacity, and outstanding unpaid obligations of Applicant owed to the Internal Revenue Service (IRS) or the State of Texas, or any agency or political subdivision of the State of Texas.