ESBD_File_299653_OE HHS0012368 Polygraph Services for Civilly Committed Sex Offenders.docx

TEXAS CIVIL COMMITMENT OFFICE (TCCO)

OPEN ENROLLMENT (OE)

for

POLYGRAPH SERVICES FOR CIVILLY COMMITTED SEX OFFENDERS

OE No. HHS0012368

NIGP Class/Item No:

990-70 - Polygraph Testing Services

Table of Contents

SECTION 1. SCHEDULE OF EVENTS

Enrollment Period Opens (Posted to HHS OE Opportunities webpage and Electronic State Business Daily) August 22, 2022

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

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Applications may be withdrawn from consideration or amended at any time prior to the “Enrollment Period Closes” date by emailing a request to the Point of Contact, Section 4.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 polygraph services for civilly committed sex offenders.

TCCO will utilize a rotation schedule to select polygraph examiners for client polygraphs. A polygraph examiner may perform up to five (5) polygraphs in one (1) business day. Clients requiring a polygraph (instant offense, sexual history, maintenance or monitoring) will be referred to an approved polygraph examiner based on the following:

1. Geographic proximity to the client’s residence;

2. Polygraph examiners’ availability;

3. Polygraph Examiner’s last exam date with the client; and

4. Past Contractor performance

This OE contains standardized requirements that all applicants must meet to be considered for a contract 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 1, 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 completed application, which includes all required information and documentation as outlined in this document. The Applicant must meet all requirements, possess 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.

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.

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.

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 can be submitted to this 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 HHS0012368

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:

· 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 and will end on August 31, 2027. TCCO may, at its sole discretion, renew a contract after the initial term.

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 post-conviction sex offender testing 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, Documentation Reflecting Recognition by JPCOT.

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 must have completed and provide proof of completion of training at an American Polygraph Association Accredited Polygraph Program that meets the standards of a minimum of 400 hours that was completed in not fewer than 10 nor more than 17 weeks and was conducted at a qualified education and training facility.

Eligible applicants for purposes of this OE are Polygraph Examiners recognized by the Joint Polygraph Committee on Offender Testing (JPCOT) and be identified on the JPCOT Roster. Applicants must adhere to the guidelines as outlined by JPCOT:

(http://www.texaspolygraph.org)

Eligible applicants for purposes of this OE must comply with the American Polygraph Association (APA) Post-Conviction Sex Offender Testing (PCSOT) Standards and Guidelines:

(https://www.polygraph.org/assets/docs/Misc.Docs/PCSOT_Model_Policy_March_2018%20.pdf).

The Applicant must comply with the criteria listed below.

A. Applicant must be established as an appropriate legal entity as described in Section 6.3, Additional Minimum Qualifications for Contractor and Contractor Personnel, 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 documentation of JPCOT recognition. The polygraph examiner shall remain on the JPCOT list through the contract period, including any renewal period.

E. Applicants must provide a copy of a current resume reflecting experience conducting polygraph 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 Polygraph Examiners during the term of this contract; refer to FORM H, Copy of Professional Malpractice Insurance. The Contractor shall disclose to the TCCO the amount of professional malpractice insurance its examiners maintain and the insurance company with whom they carry the policy. The Contractor shall submit to the TCCO a copy of the declaration page of each examiners "Professional Malpractice Insurance" policy or "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 who 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 a Contractor to provide polygraph examination services for SVP clients, which may include the following examinations: instant offense, maintenance, monitoring and sexual history. TCCO is seeking services statewide but primarily in the following counties: Dallas, El Paso, Harris, Tarrant, Travis, and McLennan; however TCCO reserves the right to add additional counties as needed. TCCO is interested in awarding multiple contracts to well-qualified Contractors for polygraph services. 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. Services shall be rendered at the most practical and cost-effective site for the delivery of services.

When the SVP client’s community residential facility or treatment location are the most practical and cost effective sites for delivery of services, those sites may be a suitable site for contractors to use for the purpose of providing Services. It is the Contractor's responsibility to secure permission from the treatment provider and make any arrangements for use of their office.

Any proposed change in the site for Services must be submitted in writing and approved by the TCCO. The contractor must be willing to travel within the State of Texas to perform scheduled polygraph examinations.

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 as referenced in Appendix D. 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

TCCO shall refer clients, schedule the polygraph examination and submit the referral packet to the contractor in accordance with the TCCO policy.

The Contractor must schedule the examination to occur within thirty (30) days of the date of referral.

The Contractor must ensure the examination location site is not within a Child Safety Zone; refer to FORM G, Child Safety Zone Certification. If the location of the examination site is determined to be in a Child Safety Zone, the Contractor must be required to seek an alternative location subject to the approval by TCCO.

The treatment provider and the case manager will develop the scope of the questions for the examination.

Polygraph tests shall be conducted as follows, unless approved otherwise by the TCCO:

· An instant offense examination, which covers the sexual offense(s) for which the client is civilly committed, shall be conducted as scheduled by the TCCO.

· A sexual history disclosure examination covers the client’s lifetime prior to the most recent sexual offense shall be conducted as scheduled by the TCCO.

· A maintenance examination covers the timeframes from release, since the last polygraph to the present time, or a specific time period. It deals with any issues related to treatment or supervision compliance, which may include a specific issue.

· A monitoring examination is used to determine whether the client has committed additional sexual offenses while in the program.

The Contractor shall audio and visually record all polygraph examinations and maintain each videotape for a minimum of two (2) years. The Contractor shall provide copies of the videotape to the TCCO upon request.

Within fifteen (15) days of the polygraph examination, the Contractor must submit a written report to the case manager, treatment provider, and TCCO.

The Contractor shall notify the case manager upon conclusion of the session when any client:

· Fails to attend an examination session;

· Displays disruptive behavior; or

· Manifests signs of re-offending.

The Contractor must obtain approval from the TCCO for each polygraph examiner, prior to performing services for TCCO clients.

The Contractor must abide by applicable federal and state laws, regulations, and rules relating to activities listed above.

The Contractor must allow TCCO staff to attend polygraph examinations for monitoring purposes on an as needed basis. Scheduling shall be coordinated between the Contractor and the TCCO staff. The Contractor must provide entry at all times by the TCCO Board Members and the TCCO authorized employees/agents for inspections and other official purposes. 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 the TCCO, to monitor the delivery of services.

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

Reports Required from Contractor

Quarterly

Security of Records and Disclosure of Information

1. The Contractor and all staff providing services under the contract meet sufficient standards of integrity to ensure that:

0. The confidentiality of client records is not compromised.

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

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

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

1. The Contractor shall notify the TCCO General Counsel 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.

3. The Contractor shall provide the TCCO General Counsel with a copy via e-mail of any subpoena served within one (1) working day of receipt.

3. Affidavits and/or Contractor court appearances shall be coordinated with the TCCO.

3. 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 five (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 a detailed written description 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…