ESBD_File_291991_OE HHS0012062 Sex Offender Treatment Provider Services.docx

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Sex Offender Treatment Provider Services for Civilly Committed Sex Offenders
Solicitation number
HHS0012062
Issued by
Texas

About this file

This document is an Open Enrollment (OE) issued by the Texas Civil Commitment Office (TCCO) to establish contracts for the provision of sex offender treatment services for civilly committed sex offenders in the state of Texas. TCCO is seeking well-qualified contractors to provide comprehensive sex offender treatment and related services, including assessments, individual and group therapy, staffings, reports, and court appearances, across the state. The solicitation period is open from July 8, 2022 through August 31, 2027, and TCCO may award multiple contracts as a result of this OE. Contractors must meet minimum qualifications, including one year of relevant experience, appropriate licensure, and ability to provide services in compliance with all applicable laws and TCCO policies.

Contracts awarded under this OE will be paid on a fee-for-service basis using the rates provided in the solicitation. Contractors must maintain appropriate professional malpractice and liability insurance. TCCO does not guarantee any volume, usage, or compensation under the contracts, and all contracts are subject to the availability of state funding. Contractors must comply with all state and federal requirements for participation in state contracts, including being in good standing and not debarred.

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File Type Posted
ESBD_File_291991_HHS0012062 - Addendum 3.doc DOC document
ESBD_File_291991_Exhibit A -Affirmations and Solicitations Acceptance.pdf PDF
ESBD_File_291991_Exhibit B - Data Use Agreement (DUA).pdf PDF
ESBD_File_291991_Exhibit C - TCCO Uniform Terms and Conditions.pdf PDF
ESBD_File_291991_HHS0012062 - Addendum #1 - OE - Sex Offender Treatment Provider Services for Civilly Committed Sex Offenders (002).doc DOC document
ESBD_File_291991_HHS0012062 - Addendum #1 Form F - Pricing.docx DOCX document
ESBD_File_291991_EXHIBIT D Part 1 - Federal_Assurances_Non-Construction.pdf PDF
ESBD_File_291991_HHS0012062 - Addendum #2 - Primary Contact Changes.doc DOC document
ESBD_File_291991_OE HHS0012062 Sex Offender Treatment Provider Services.docx DOCX document
ESBD_File_291991_Exhibit B - Attachment 2 to DUA, Security and Privacy Inquiry (SPI).pdf PDF
ESBD_File_291991_EXHIBIT D Part 2 -Lobbying_Certification.pdf PDF
ESBD_File_291991_Exhibit B - Data Use Agreement (DUA).pdf PDF
ESBD_File_291991_EXHIBIT D Part 2 -Lobbying_Certification.pdf PDF
ESBD_File_291991_HHS0012062 - Addendum #2 - Primary Contact Changes.doc DOC document
ESBD_File_291991_HHS0012062 - Addendum #1 Form F - Pricing.docx DOCX document
ESBD_File_291991_EXHIBIT D Part 1 - Federal_Assurances_Non-Construction.pdf PDF
ESBD_File_291991_Exhibit B - Attachment 2 to DUA, Security and Privacy Inquiry (SPI).pdf PDF
ESBD_File_291991_Exhibit A -Affirmations and Solicitations Acceptance.pdf PDF
ESBD_File_291991_Exhibit C - TCCO Uniform Terms and Conditions.pdf PDF
ESBD_File_291991_HHS0012062 - Addendum 3.doc DOC document
ESBD_File_291991_HHS0012062 - Addendum #1 - OE - Sex Offender Treatment Provider Services for Civilly Committed Sex Offenders (002).doc DOC document
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Text version

TEXAS CIVIL COMMITMENT OFFICE (TCCO)

OPEN ENROLLMENT (OE)

for

SEX OFFENDER TREATMENT PROVIDER FOR CIVILLY COMMITTED SEX OFFENDERS

OE No. HHS0012062

NIGP Class/Item No:

952-15 952-21

Table of Contents

SECTION 1.SCHEDULE OF EVENTS4
SECTION 2.OVERVIEW4
2.1.INTRODUCTION4
2.2.LEGAL AUTHORITY5
2.3.NO GUARANTEE OF VOLUME, USAGE OR COMPENSATION5
SECTION 3.DEFINITIONS AND ACRONYMS6
SECTION 4.GENERAL INFORMATION11
4.1.SOLE POINT OF CONTACT11
A.Submission11
B.Rejection of Applications11
C.Authority to Bind TCCO12
D.Exceptions12
E.Contracting with Subcontractors12
4.2.CHANGES, MODIFICATIONS AND CANCELLATION13
4.3.OFFER PERIOD13
4.4.COSTS INCURRED14
4.5.OE QUESTIONS OR CLARIFICATIONS14
SECTION 5.CONTRACT TERM15
5.1.TERM OF CONTRACT15
5.2 EXTENSION OPTION15
SECTION 6.MINIMUM QUALIFICATIONS15
6.1 REQUIRED EXPERIENCE15
SECTION 7.STATEMENT OF WORK17
7.1.PROJECT OVERVIEW17
7.2 CONTRACTOR (PROVIDER) RESPONSIBILITIES AND SERVICES TO BE PROVIDED18
7.3 PERFORMANCE CRITERIA AND STANDARDS28
7.4 CONTRACTOR PERSONNEL PERFORMANCE28
7.5 NOTICE OF CRIMINAL ACTIVITY29
7.6 NOTICE OF INSOLVENCY OR INDEBTEDNESS30
7.7 BACKGROUND CHECKS FOR PERSONNEL30
7.8 INVOICE REQUIREMENTS AND PAYMENT30
7.9 DATA USE AGREEMENT (DUA)32
7.10 TERMS AND CONDITIONS32
SECTION 8.TCCO CONTRACT ADMINISTRATION32
SECTION 9.INSURANCE REQUIREMENTS32
9.1.INSURANCE COVERAGE32
9.2.ALTERNATIVE INSURABILITY33
SECTION 10.CONFIDENTIAL OR PROPRIETARY INFORMATION33
10.1.PUBLIC INFORMATION ACT33
10.2.APPLICANT WAIVER – INTELLECTUAL PROPERTY35
SECTION 11.BINDING OFFER35
SECTION 12.APPLICATION SUBMISSION REQUIREMENTS36
12.1.HARD COPY SUBMISSION – USPS MAIL, EXPRESS MAIL, HAND DELIVERY36
12.2.E-MAIL SUBMISSION37
12.3.RECEIPT OF APPLICATION37
SECTION 13.SCREENING OF APPLICATIONS38
13.1.INITIAL SCREENING OF APPLICATIONS38
SECTION 14.AWARD PROCESS40
14.1.CONTRACT AWARD AND EXECUTION40
14.2.COMPLIANCE FOR PARTICIPATION IN STATE CONTRACTS40
14.3.AWARD TO GOVERNMENTAL ENTITIES43
FORM A: Face Page45
FORM B: Open Enrollment Application Checklist49
FORM C: Additional Treatment Providers53
FORM D: Vendor Information Form55
FORM F: Pricing58
FORM E: Texas Sex Offender TreatmentLicense…………………………………………………………………………..57
FORM G: Child Safety Zone Certification59
FORM H: Professional Malpractice Insurance Policy or Errors and Omissions Insurance60
FORM I: Resume61

SECTION 1. SCHEDULE OF EVENTS

Enrollment Period Opens (Posted to HHS OE Opportunities webpage and Electronic State Business Daily) July 8, 2022

Enrollment Period Closes (Final date for RECEIPT of Applications) August 31, 2027

Anticipated Contract Start Date
The effective date of a Contract, if any, awarded to an Applicant will be determined at the sole discretion of TCCO.

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 (ESBD). Every Applicant is solely responsible for ensuring its Application is received before the submission period closes. HHSC and Texas Civil Commitment Office (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 sex offender treatment services for civilly committed sex offenders. TCCO is required under Texas Health and Safety Code §841.101 to contract with a Licensed Sex Offender Treatment Provider (LSOTP) or Affiliate Sex Offender Treatment Provider (ASOTP) to conduct Sex Offender Treatment Services (hereinafter referred to as Services) for Clients. The Services include but are not limited to the following Sex Offender Treatment Services: Assessments, Assessment Updates, Individual Therapy, Group Therapy, Staffings, Biennial Reports, Court Appearances, Affidavits, Penile Plethysmographs (PPG), family sessions and chaperone training. During the course of treatment services and upon completion of sex offender treatment services, the Contractor shall be available to provide expert testimony in court as needed.

TCCO will utilize a rotation schedule to refer clients to Contract Sex Offender Treatment Providers (Contractors). A TCCO client identified as requiring sex offender treatment services will be referred to an approved Contractor based on the following:

1.Contractor availability;
2.Experience as a sex offender treatment provider;
3.Past Contractor performance;
4.Referrals will be made to Contractor in the client's geographic region until there is a sufficient number of referrals to that Contractor to comprise one sex offender treatment group. One sex offender treatment group is a maximum of twelve (12) clients in a conventional group or a maximum of eight (8) clients with special needs. Once the maximum amount of clients is meet for a group, referrals shall then be rotated to the next Contractor.

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, 2027. TCCO may, at its sole discretion, extend the closing date of this OE. As stated in Section 2, 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 application, 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 Application Instructions and Criteria for Acceptance, pg. 39 of this OE.

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, 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, HHS 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.

Term
Definition
Absconder
A SVP Client who leaves a facility or residence without authorization or fails to return as required.
Addendum
A written clarification or revision to this OE. All Addenda will be posted to the HHS OE Opportunities web page.
Appendix
Additional information and/or forms that are available in the back of this solicitation document.
Application
All information and materials submitted by an Applicant in response to this OE.
Applicant
Any person or entity that submits an Application in response to this OE. This term also includes anyone acting on behalf of the entity or individual that submits a response, such as an agent, employee, or representative. See also Respondent below.
Behavioral Abnormality
A congenital or acquired condition that, by affecting a person’s emotional or volitional capacity, predisposes the person to commit a sexually violent offense, to the extent that the person becomes a menace to the health and safety of another person. Texas Health and Safety Code, Chapter 841, Section 841.002(2).
Biennium
Any of the two (2) year periods beginning on September 1 and ending on August 31 of odd numbered years, which periods are used for budgetary purposes by the State of Texas.
Case Manager
A person employed by or under contract with TCCO to perform duties related to the treatment and supervision of a person civilly committed pursuant to Title 11, Health and Safety Code, Chapter 841.
Child Safety Zone
The 1,000-foot buffer zone that must be maintained between sex offenders and any premises where children commonly gather, including schools, day-care facilities, playgrounds, public or private youth centers, or public swimming pools. Any area within 1,000 feet of these types of premises is considered a child safety zone, unless modified by TCCO. TCCO shall provide the Contractor written notice of any approved modification to this requirement.
Client
Sexually Violent Predators (SVPs) that suffer from a behavioral abnormality which makes it likely that the client would engage in repeated predatory acts of sexual violence. The clients have a history of at least two convictions for a sexually violent offense.
Clinical Examination
Expert examination based on testing for psychopathy, a clinical interview, and other appropriate assessments and techniques to include static and dynamic risk assessment and review of previous assessments to aid the Office and the court in its assessment. Types of examinations include Biennial, Transition, Court Ordered, Supplemental and Special.
Compliance Standards
Contract requirements that have specific and clearly defined recoupment strategies to ensure that TCCO does not pay for services that are not received.
Contract
Any Contract(s) awarded resulting from this OE. A written agreement referring to promises or agreements for which the law establishes enforceable duties and remedies between a minimum of two parties. A TCCO contract is assembled using a core contract (base), one or more program attachments, and other required exhibits (general provisions, etc.).

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.

Contract Term
The period of time during which the contract or program attachment will be effective from begin date to end, or renewal date. The contract term may or may not be the same as the budget period.

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.

Council on Sex Offender Treatment (CSOT)
Sets forth the standards of practice for the sex offender treatment providers in Texas.
Days
Calendar days, unless otherwise specified.
Debarment
An exclusion from contracting or subcontracting with state agencies on the basis of cause pursuant to Title 34, Part 1, Chapter 20, Subchapter G of the Texas Administrative Code, and the Federal System for Award Management (SAM).
Deliverables
Goods or services contracted for delivery or performance.
Due Date
Established deadline for submission of a document or deliverable.
Effective Date
The date the contract term begins.

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/esbd

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

Exhibit
A document, included as an attachment to this Solicitation, which provides terms and conditions, additional requirements and information related to this Solicitation.
Fee for Service
Payment mechanism for services that are reimbursed on an agreed rate per unit of service.
Fiscal Year
The duration of the fiscal year (stated in the number of months the contract will reflect from begin date to end date of the term of the contract). Each renewal will have its own fiscal year. State fiscal year is from September 1 through August 31 of each year.
Fully Executed
A contract is signed by each of the parties to form a legal binding contractual relationship. No costs chargeable to the proposed contract will be reimbursed before the contract is fully executed.

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.

Payments
The amount(s) agreed to be paid by TCCO to Contractor for services under this Contract.

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.

Project
All work to be performed as a result of a contract or solicitation.
Project Manager
TCCO employee responsible for being the liaison between this contract and PCS. The project manager partners with PCS in the development, management and logistical coordination of a solicitation and the resultant contracts.
Purchase Order
A legally enforceable agreement between two or more parties. A Purchase Order is issued by HHSC indicating types, quantities, and agreed pricing for services and goods the Contractor will provide. Also considered a Contract.
Quarter
Unless specifically noted otherwise, references to quarters and quarterly activities relate to TCCO’s Fiscal Year, with quarters beginning September 1, December 1, March 1, and June 1.
Response
All information and materials submitted in response to this Solicitation.
Respondent
A term interchangeable with Applicant.
Scope of Work
A description of the services and/or goods, if any, for each service type, to be obtained as a result of this solicitation for a project period. The scope of work is a document written in the early stages of procurement to explain what TCCO plans to purchase.
Services
Delivery by the Contractor of Sex Offender Clinical Examination Services in accordance with the terms and conditions of the Contract.

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.

Solicitation
This document, including all exhibits, attachments, appendices, or Addenda (if applicable). May also be referred to as Open Enrollment or OE
Special Provisions
Modifications and additions to the General Provisions for a funded program activity; which are usually customized for TCCO's requirements and contain provisions specific to the contract.
Staffings
Monthly meetings conducted to ensure effective communication between all parties with an interest in the client’s supervision and treatment.
Subcontract
A written agreement between the Contractor and a third party (subcontractor) to provide all or a specified part of the services, goods, work, and materials required in the original contract. The Contractor remains entirely responsible to TCCO for performance of all requirements of the contract with TCCO. The Contractor must closely monitor the subcontractor’s performance. Subcontracting can be done only when approved by TCCO.
TCCO
Texas Civil Commitment Office.
TCCO Policies
All written policies, procedures, standards, guidelines, directives, and manuals of TCCO applicable to providing the services specified under this Contract.

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.

Treatment Team Meeting A meeting between the TCCO Case Manager, the Contractor Sex Offender Treatment Provider, and any others deemed appropriate by the TCCO Case Manager to discuss the client's progress.

Unit Rate
Payment mechanism for services that are reimbursed at a set rate per unit of service; for example, sex offender treatment at a set rate per service. Also known as fee-for-service.
Vendor
A business entity or person that supplies services or goods and may be a potential Bidder to this Solicitation.

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.

Year
Fiscal Year, unless otherwise specified.

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 can be submitted to the above email 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 TCCO 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. HHS0012062 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.

E. Contracting with Subcontractors

The Contractor may subcontract for the performance of any of its responsibilities to provide services pursuant to this Contract. No subcontract may be entered into unless TCCO provides prior written approval, which may not be unreasonably withheld. If a subcontractor is deemed to be needed for an event of an emergency nature, verbal approval may be obtained through a TCCO representative that has been authorized by the TCCO Board or Executive Director. The Contractor shall submit a written request with supporting documentation for approval, by TCCO as soon as possible. The Contractor shall furnish to TCCO copies of all subcontracts, without regard to amount of annual payments. Any arrangement by the Contractor with an affiliate or member company to provide services shall be subject to the subcontractor provisions of this Section. No contractual relationship shall exist between TCCO and any subcontractor and TCCO shall accept no responsibility whatsoever for the conduct, actions, or omissions of any subcontractor selected by the Contractor. The Contractor shall be responsible for the management of the subcontractors in the performance of their work. A subcontractor shall not be included in contract awards, renewals, audit or any other discussions except at the request of TCCO.

Unless waived in writing by TCCO, the subcontract shall contain the following:

An acknowledgement that the subcontract is subject to the contract between TCCO and the Contractor (the "Master Contract").

· The subcontractor shall agree to comply with the terms of the Master Contract to the extent applicable with respect to goods and services being provided under the subcontract. It is the intention of the parties of the subcontract that the subcontractor shall "stand in the shoes" of the Contractor with respect to fulfilling the duties and obligations of the Contractor to TCCO under the Master Contract.

· TCCO’s approval of a subcontract does not relieve the Contractor of its duty to perform under the Master Contract.

The Contractor shall require all subcontractors to obtain, maintain, and keep in force insurance coverage in accordance with accepted industry standards and the Contract during the time they are engaged hereunder.

This restriction, as to only communicating in writing with the HHSC sole point of contact identified above, does not preclude discussions between Applicant and agency personnel for the purposes of conducting business unrelated to this OE.

Failure of an Applicant or its representatives to comply with these requirements may result in disqualification of the submitted Application.

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

c. OE language, topic, section heading

d. 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 and will end on August 31, 2027. 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 one (1) year relevant experience performing the services as outlined in this OE or similar services. Any exceptions to this require TCCO approval.

B. All personnel assigned to perform the services must be fully trained and have a minimum of one (1) year experience. Any exceptions to this require TCCO approval.

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 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.

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 the Application by completing Form E.

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. 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 sex offender treatment providers or affiliate licensed sex offender treatment providers with the State of Texas who have experience conducting sex offender treatment services. 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 the OE in section 15.2, Compliance for Participation in State Contracts.

D. Applicant must provide a copy of their LSOTP or ASOTP license and documentation of respective licensing board. The LSOTP or ASOTP 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 treatment services to ensure compliance of 6.1 Required Experience.

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 licensed sex offender treatment providers during the term of this contract; refer to Form H. The Applicant shall disclose to TCCO the amount of professional malpractice insurance the licensed sex offender treatment provider maintains and the insurance company with whom they carry the policy. The Applicant shall submit to TCCO a copy of the declaration page of each sex offender treatment provider's "Professional Malpractice Insurance" policy and "Errors and Omissions Insurance" policy.

The Applicant must submit to TCCO changes to the sex offender treatment provider'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 the provision of sex offender treatment services and associated services for SVP Clients. TCCO is interested in awarding multiple contracts to well-qualified Contractors for the provision of sex offender treatment with associated services across the state. Contractor shall, in accordance with the terms identified within the Contract, provide all necessary personnel, equipment, supplemental materials, supplies, and services as specifically identified within the contract and do all things necessary for, or incidental to, the provision of client treatment services and associated programs for clients within a defined service area. Contractor will provide sex offender treatment and related services at the Contractor’s approved place of business or at another facility or facilities that house SVP clients, as approved by TCCO. Services shall be rendered at the most practical and cost-effective site for the delivery of services.

Contractor may submit open enrollment to provide services in one or multiple counties.

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.

7.2 CONTRACTOR (PROVIDER) RESPONSIBILITIES AND SERVICES TO BE PROVIDED

Referrals

The Contractor shall accept, or reject, within five (5) business days, all referrals made by TCCO.

General Requirements

Contractor shall conduct services with clients face-to-face; scheduling of services shall not interfere with client's schedule to the best extent possible; services, particularly, group sessions, shall take place on a set schedule and any deviations from set schedule shall require TCCO approval.

Contractor shall request and obtain TCCO approval prior to completing a client assessment.

In accordance with Texas Administrative Code Title 37, Part 16, Chapter 810, Subchapter E, Rule § 810.273 and Texas Health and Safety Code § 841.084, non-indigent clients will be responsible for payment for treatment services provided pursuant to this contract. TCCO has determined a client shall pay twenty-five (25%) of their income or the actual cost of services each month, whichever is less, to do defray the cost of services.

Tiered Program

Services under this Open Enrollment will be for clients who are in Tier five (5) of the civil commitment program or special placement clients in the community that are not in Tier five (5). Clients who transition to Tier five (5) have completed all the tasks and targets, or the equivalent, of the total confinement sex offender program and have been approved to live in less-restrictive housing and it has been determined the transfer is in the best interest of the client and conditions can be imposed that adequately protect the community. The proposed sex offender treatment shall utilize best practices for sex offenders and ensure continuity of care. The proposed program shall be based on cognitive behavioral programs incorporating the Good Lives and Risk-Needs-Responsivity Model. Any exceptions to not using this industry standard model requires TCCO management approval.

There will also be clients who are based in the community due to unique needs but are still in need of sex offender treatment. These clients are usually placed in nursing homes or supervised living facilities. These clients are designated as Special Placement Tiers one (1) through four (4). The program for these clients in Special Placement Tiers one (1) – four (4) shall be based on cognitive behavioral programs incorporating the Good Lives and Risk-Needs-Responsivity Model.

Contractor’s program for Tier five (5) shall provide continuity of care for any client transitioning to Tier five (5) and shall take into consideration the programming that clients in the Texas Civil Commitment Center are receiving, as described below:

1. Tier One - Responsibility. Includes curricula that will help the client with building problem solving skills and will teach the client how good decisions are made. This Tier addresses the client's individual needs and considers the level of skill the client has for managing their life. The goals of Tier One include: attending and actively participating in treatment; understanding cognitive behavior therapy and thinking errors; demonstrating honesty, accountability, readiness for change; and understanding healthy sexuality.

1. Tier Two - Awareness and Discovery. The client will participate in disclosure group, which includes curricula that covers offending behavior; relationships; and sexual history. The client works on developing behaviors toward establishing a balanced, self-determined lifestyle that is free from offending behavior. The goals of Tier Two include: admitting to the offenses; understanding their offense cycle; being accountable for the choices they have made; identifying risk; and continuing to demonstrate an understanding of healthy sexuality.

1. Tier Three - Healthy Relationships and Empathy. The client will continue to learn to control their risk factors and build relationship skills. This Tier assists the client to understand and share with others in a more empathic and emotionally healthy manner through on going development and supervised practice of self-control behaviors, thoughts, and emotions. The goals of Tier Three include: being able to identify high-risk situations; increasing social support; gaining skills in recognizing healthy relationships; and creating a maintenance plan for managing risk.

1. Tier Four - Preparation for Community Reintegration. The client will receive support and guidance to enforce and support the new skills learned in treatment. The client will also prepare to return to the community through individually tailored curriculum using offense-focused group presentation, cognitive restructuring, role play, and life planning. Tier Four also includes an Advanced Group Environment (AGE) for clients who have progressed significantly in Tier Four and are being considered for Tier Five. This environment emphasizes an increase in independent living skills and personal responsibility that is similar to community living. The goals of Tier Four include: being financially and emotionally responsible and developing a discharge and safety plan for community living.

1. Tier Five Community Treatment - A client who has completed all of the goals in Tiers One through Four of the sex offender program or the equivalent and have been approved to live in less restrictive housing in the community are placed in Tier Five. The client's placement in Tier Five must be in the best interest of the client and conditions shall be imposed that adequately protect the community. Sex offender treatment will continue in Tier Five utilizing the cognitive behavioral model incorporating the Good Lives and Risk-Need-Responsivity Model. The client will continue to receive treatment and supervision that will reinforce the skills learned in treatment. The goals for Tier Five are for the client to continue to build healthy relationships and social support systems, identify high-risk situations, and to be a productive citizen who is free from offending behavior with the ultimate goal of no more victims.

Mandatory Program Requirements

1. Requirements for Special Placement Tier 1

a. This Tier consists of orientation to sex offender treatment and the Contractor’s treatment program.

b. In Special Placement Tier One the following tasks and targets shall be accomplished:

i. The client’s individual needs shall be identified and addressed;

ii. Clients shall learn problem solving skills and learn how good decisions are made;

iii. This Tier shall guide the client to control their psychological risk factors and learn self-regulation; and

iv. This Tier shall motivate the client in seeing the need for change.

c. During this Tier, treatment hours shall consist of:

i. Three (3) hours of sex offender group treatment per week. The three (3) hours will consist of two (2) group sessions that are ninety (90) minutes in length each. Any exceptions to this requires TCCO management approval.

ii. One (1) hour of individual therapy per month, or more frequently as approved by TCCO depending upon the client’s individual needs.

2. Requirements for Special Placement Tier 2

a. Special Placement Tier 2 shall build upon the previous Tier and shall cover the client’s offending, relationships and sexual history. This Tier shall help clients learn behaviors to live a healthy, balanced lifestyle free from offending behavior.

b. In Special Placement Tier 2 the following tasks and targets shall be accomplished:

i. Clients shall be able to detail his sexual history without cognitive distortions/thinking errors.

ii. The client shall take responsibility for his sexual offenses; and

iii. Clients shall show no deception indicated on the sexual history polygraph prior to advancing to Special Placement Tier 3.

c. During this Tier, treatment hours shall consist of:

i. Three (3) hours of sex offender group treatment per week. The three (3) hours will consist of two (2) group sessions that are ninety (90) minutes in length each. Any exceptions to this require TCCO management approval.

ii. One (1) hour of individual therapy per month, or more frequently as approved by TCCO depending upon the client’s individual needs.

3. Requirements for Special Placement Tier 3

a. This Tier builds upon the previous Tiers to assist the client in developing and maintain healthy relationships.

b. During this Tier, clients shall work on being empathic and living an emotionally healthy lifestyle.

c. During this Tier, treatment hours shall consist of:

i. Three (3) hours of sex offender group treatment per week. The three (3) hours will consist of two (2) group sessions that are ninety (90) minutes in length each. Any exceptions to this require TCCO management approval.

ii. One (1) hour of individual therapy per month, or more frequently as approved by TCCO depending upon the client’s individual needs.

4. Requirements for Special Placement Tier 4

a. Advancement to Special Placement Tier 4 requires TCCO management approval.

b. Special Placement Tier 4 prepares clients to live independently in Tier 5. During this Tier, clients receive support and guidance with reinforcement and supporting the new skills they have learned in treatment.

1. During this Tier, treatment hours shall consist of:

0. Three (3) hours of sex offender group treatment per week. The three (3) hours may consist of two (2) group sessions that are ninety (90) minutes in length each. Any exceptions to this require TCCO management approval.

0. One (1) hour of individual therapy per month, or more frequently as approved by TCCO depending upon the client’s individual needs.

5. Requirements for Tier 5

a. Advancement to Tier 5 requires TCCO management approval.

b. Tier 5 consists of on-going sex offender treatment that assists the client in living independently and successfully in the community.

c. Clients are expected to be in good standing with civil commitment and treatment by the time they advance to this Tier. This Tier shall assist clients with stressful situations that arise from living and working in the community.

d. During this Tier, treatment hours shall consist of:

i. Clients releasing from the Texas Civil Commitment Center shall initially attend a minimum of three (3) hours of sex offender group treatment per week.

ii. Upon TCCO management approval, clients in Tier 5 may attend additional hours as determined necessary by the Contractor.

iii. As clients advance through Tier 5, after a minimum of ninety (90) days, the frequency of group treatment sessions may be lessened with the approval of TCCO management.

iv. All Tier 5 clients shall attend one (1) hour of individual therapy per month, or more frequently as approved by TCCO depending upon the client’s needs.

6. Program Design Requirements for all Tiers

a. Sex offender treatment shall be cognitive behavioral to include using the Good Lives Model and Risk Needs and Responsivity which includes psychoeducational groups.

b. Treatment concepts shall include self-control behaviors, thoughts, emotions, deviant arousal, fantasies management, addressing cognitive distortions and thinking errors.

c. Each Tier shall build upon the previous Tiers and give credit to previous work done by the client. Tasks and goals shall be clearly identified at the beginning of each Tier and on-going as needed.

d. With the approval of TCCO management, concepts specific to Special Placement Tiers 2, 3, 4, and Tier 5 may be included in earlier Tiers as determined necessary for a particular client by Contractor.

e. The Contractor shall utilize the treatment workbooks and materials as…

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