ESBD_File_346824_HHS0014268_Solicitation Document.pdf

PCS 137 - SERVICES

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TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Cecile E. Young, Executive Commissioner

Invitation for Bids for

Web Based Subscription Access for Evidence Guidelines

IFB No. # HHS0014268

NIGP Class/Item No(s): 956/58

Procurement Schedule - All Times are Central Time Reference Section 2 for further information

Solicitation Date Posted to ESBD January 11, 2024

Questions or Clarifications Submission Deadline January 18, 2024 05:00 PM

Responses to Questions or Clarifications - Addendum posted on the ESBD

January 25, 2024 05:00 PM

Courtesy Review of HUB Subcontracting Plan (HSP) Submission Deadline January 24, 2024 05:00 PM

Response Deadline February 5, 2024, 10:30 AM

Anticipated Contract Start Date From Date of Award

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Table of Contents 1 Introduction and Purpose of Solicitation

1.1 No Guarantee of Volume, Usage or Compensation

1.2 Solicitation Components

2 Procurement Schedule

3 Withdrawal of Response

4 HHSC Overview

5 Definitions

6 General Solicitation Information

6.1 Sole Point of Contact and Communications

6.2 Exception to the Sole Point of Contact

6.3 Offer Period

6.4 Costs Incurred

6.5 Changes, Modifications and Cancellation

6.6 Ambiguity, Conflict, Discrepancy

6.7 Solicitation Questions or Clarifications

6.8 Notification of Addenda or Cancellation

7 Scope of Work (SOW)

7.1 Scope of Services to be Performed

8 HUB Subcontracting Plan (HSP) Requirements

8.1 HUB Subcontracting Plan (HSP)

8.2 Courtesy Review of HSP

9 Pricing Information

9.1 Pricing Structure

9.2 Price Adjustments

10 Changes to The Contract

11 Contract Term

11.1 Term of Contract

11.2 Initial Contract Term:

11.3 Renewal Option(s)

11.4 Extension Option

12 Contract Administration/Transactional Purchase Order Administration

12.1 Contract Manager

12.2 Services Performed

12.3 Performance Reporting

12.4 Contractor Response to Notification of Non-Material Deficiency

12.5 Corrective Action Plan (The Plan)

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12.6 Performance Issues

12.7 Confidential or Proprietary Information

12.8 Bidder Waiver – Intellectual Property

13 Invoicing and Payment

13.1 Bill-to Address

13.2 Invoice Information

13.3 Payment

13.4 Invoice Submission

13.5 Disputed Invoice(s)

14 Insurance Requirements

14.1 Specific Insurance Requirements

14.2 Workers’ Compensation and Employers’ Liability

14.3 Commercial Automobile Liability

14.4 Commercial General Liability

14.5 Umbrella/Excess Liability

15 Screening of Responses

15.1 Administrative Screening

15.2 Irregularities

16 Evaluation

16.1 Evaluation of Responses

16.2 Conformance with State Law for Evaluation

16.3 Specific Evaluation Criteria

17 Award

18 Disclosure of Interested Parties

19 Protest Procedures

Appendix A – Submission Instructions and Response Checklist

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1 Introduction and Purpose of Solicitation The Texas Health and Human Services Commission (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.

HHSC PCS is seeking competitive bids to establish contract(s) for subscription access of a web-based evidence guidelines solution to be used by the Office of Inspector General (OIG).

Both HHS Agencies, HHSC and DSHS, will be entitled to use any contract awarded as a result of this Solicitation.

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

1.1 No Guarantee of Volume, Usage or Compensation

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

The estimated historical quantities included in the Price Sheet are provided only as a guideline for preparing the pricing response and should not be construed as representing anticipated or actual quantities that will be required.

1.2 Solicitation Components

This Solicitation includes the following items:

Exhibit A – HHS Solicitation Affirmations

Exhibit B – PCS 111-Contract Affirmations and HHS Uniform Terms and Conditions (UTCs)

Exhibit C – Bid Execution Page

Exhibit D – Pricing Sheet

Exhibit E – Bidder Reference Form

Exhibit F – HHS Online Bid Room Information

Exhibit G – Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Requirements

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2 Procurement Schedule The Procurement Schedule dates on the cover page of this Solicitation are tentative. HHSC reserves the right to modify these dates at any time by issuing an addendum. Any events listed in the Procurement Schedule after the Response Deadline will occur at the discretion of HHSC.

Responses must be received by HHSC prior to the Response Deadline as indicated in the Procurement Schedule or as changed via an Addendum. Every Bidder is solely responsible for ensuring its Response is received before the Response Deadline. HHSC is not responsible for lost, misdirected or late Responses.

By submitting a Response, the Bidder represents and warrants that any individual submitting the Response and any related documents on behalf of the Bidder is authorized to do so and to bind the Bidder under any resulting contract.

3 Withdrawal of Response Responses may be withdrawn from consideration or amended at any time prior to the Response Deadline by submitting a written request by e-mail to the point of contact listed in Section 6.1 (Sole Point of Contact and Communications).

The e-mail subject line for withdrawal should contain the Solicitation (IFB) number as indicated on the cover page of this Solicitation. The Bidder is solely responsible for ensuring the email is received by HHSC before the Response Deadline. HHSC is not responsible for lost or misdirected e-mails.

4 HHSC Overview The Health and Human Services Commission (HHSC) was created in 1991 to oversee and coordinate the planning and delivery of health and human services in Texas. It is established pursuant to Chapter 531, Texas Government Code and is responsible for oversight of Texas Health and Human Services agencies (HHS Agency).

PCS administers the procurement processes, which include Solicitation announcement and publication, Bidder communications, receipt of Responses, screening of timely received responses, and facilitating the evaluation of qualified Responses. PCS, in coordination with each HHS program, manages the execution of the award, through issuance of Purchase Order(s) or other Contract document, resulting from this Solicitation.

5 Definitions Unless the context clearly indicates otherwise, throughout this Solicitation, the definition given to a term below applies whenever the term appears in this Solicitation, in any Response (Bid) submitted in response to this Solicitation, and in any Contract awarded as a result of this Solicitation. All other terms have their ordinary and common meaning.

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a) Addendum – A written clarification or revision to this Solicitation issued by HHSC.

b) Bidder – Entity or individual that submits a response to this Solicitation. 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.

c) Contract – A legally enforceable agreement between two or more parties. As a result of this Solicitation, HHSC may issue a Contract document or Purchase Order (see definition).

d) Contractor - Each Bidder, business entity or individual, if any, awarded a Contract (Purchase Order) to provide the services or goods as a result of this Solicitation.

e) Contract Term – The period of time during which the Purchase Order or Contract is in effect from the start date through the end date and may include renewal or extension periods.

f) 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).

g) Deliverables – The services or goods specified in this Solicitation and any resulting Contract, that the Contractor shall perform or deliver to the HHS Agency for acceptance.

h) 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: https://www.txsmartbuy.com/esbd.

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

i) Exhibit – A document, included as an attachment to this Solicitation, which provides terms and conditions, additional requirements and information related to this Solicitation.

j) HHS Agency - The Texas Health and Human Services Commission (HHSC) and the Texas Department of State Health Services (DSHS), separately or combined.

k) 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.

l) Response – All information and materials submitted in response to this Solicitation. May also be referred to as Bid or Bid Response.

m) Respondent – A term interchangeable with Bidder.

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n) Scope of Work – The description of requirements, services, specifications for goods which may be required, and deliverables as provided in this Solicitation and any resulting Contract which the Contractor is required to provide.

o) Solicitation - This document, including all exhibits, attachments, appendices, or Addenda (if applicable). May also be referred to as Invitation for Bid or IFB.

p) Subcontractor - Any entity or individual that enters into a contract with the Contractor to perform part or all of the obligations of the Contractor under the Contract.

q) 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 individual to receive payment under a Contract with the State of Texas. Also known as Texas Payee ID Number required in Exhibit A, HHS Solicitation Affirmations. 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.

r) Unit Rate – The set rate per the unit of measure (UOM), used for payment of the services, included on the Price Sheet under the Contract or Purchase Order. (e.g., Hourly, Daily, Weekly, Monthly, etc.).

s) Vendor – A business entity or individual that supplies services or goods and may be a potential Bidder to this Solicitation.

t) Web-Based Solution – A commercial-off-the-shelf (COTS) online solution that provides access to a software system using a computer and internet connection.

6 General Solicitation Information

6.1 Sole Point of Contact and Communications

The HHSC PCS Sole Point of Contact for inquiries concerning this Solicitation is:

Steven Chavez, CTCD, CTCM

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

512-776-5002

Rafael.chavez@hhs.texas.gov

Bidders shall NOT use the e-mail address above for submission of a Response to this Solicitation. See Appendix A for submission requirements.

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Bidders shall direct all communications, including questions or clarifications relating to this Solicitation, in writing by e-mail to the HHSC PCS Sole Point of Contact named in Section 6.1 (Sole Point of Contact and Communications); communications by phone will not be accepted.

See Appendix A for submission requirements. All other communications between a Bidder and HHS agency staff concerning this Solicitation are prohibited. In no instance is a Bidder to discuss cost information regarding this Solicitation and contained in a Response with the HHSC PCS Sole Point of Contact or any other HHS staff. Failure to comply with these requirements may result in disqualification of the Response.

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. Bidders seeking to contact the Sole Point of Contact should do so via e-mail in order to receive updated contact information.

See also Section 6.2 (Exception to Sole Point of Contact) below.

This restriction (as to only communicating in writing with the HHSC Sole Point of Contact identified above) does not preclude discussions between Bidder and agency personnel for the purposes of conducting business unrelated to this Solicitation.

6.2 Exception to the Sole Point of Contact

The only exceptions to the Sole Point of Contact are the HUB Coordinator, or, if expressly directed by the Sole Point of Contact, another designated System Agency representative, e.g., during contract negotiations, if allowed due to the circumstances of this procurement;

generally, negotiations are not allowed when soliciting with the Invitation for Bid method and there should be no expectation by Bidders that negotiations will be allowed for this procurement.

Should Bidders have questions regarding proper completion of the HUB Subcontracting Plan, the HUB Coordinator may be contacted at bob.mccurdy@hhs.texas.gov. The Sole Point of Contact, Section 6.1, must be copied on the e-mail.

6.3 Offer Period

By submitting a Response to this Solicitation, Bidder agrees that its Response will remain a firm and binding offer for at least the period of time, 240 days, as stated in the HHS Solicitation Affirmations (Exhibit A).

Bidder may extend the time for which its Response will be honored and include the extended period in the Response.

6.4 Costs Incurred

Bidder understands that issuance of this Solicitation or retention of responses in no way constitutes a commitment by HHSC to award a Contract. HHSC accepts no obligations for cost

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Responses shall be submitted at the sole expense of the Bidder. All responses shall be prepared simply and economically, providing a straightforward, concise delineation of the Bidder’s capabilities to satisfy the requirements of this Solicitation.

6.5 Changes, Modifications and Cancellation

HHSC reserves the right to change, amend, or modify this Solicitation prior to the Response Deadline indicated in the Procurement Schedule (cover page of this Solicitation). Changes, amendments and modifications will be processed through one or more Addendum. The notification for any Addendum will be processed in accordance with Section 6.8.

HHSC reserves the right to cancel this Solicitation at any time. The notice of cancellation will be in accordance with Section 6.8.

6.6 Ambiguity, Conflict, Discrepancy

Bidders must notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the Solicitation in the manner and by the deadline for submitting questions.

If Bidder fails to properly and timely notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the Solicitation, the Bidder, whether awarded a contract or not:

a) Shall have waived any claim of error or ambiguity in the Solicitation and any resulting contract,

b) Shall not contest the interpretation by HHSC 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.

6.7 Solicitation Questions or Clarifications

HHSC will allow written questions and requests for clarification regarding this Solicitation if submitted by e-mail to the Sole Point of Contact, Section 6.1, by the deadline established in the Procurement Schedule (cover page of this solicitation) or deadlines established in subsequent Addenda. 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.

HHSC reserves the right to amend the answers to questions or clarifications prior to the Response Deadline (cover page of this solicitation) through a new Addendum. The notification will be processed in accordance with Section 6.8 (Notification of Addenda or Cancellation).

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6.7.1 Submission of Questions or Clarifications

All questions and requests for clarification must be submitted in writing by e-mail and include the following information:

a) IFB Number and Title of Solicitation (cover page of this Solicitation) must be included in the e-mail subject line and in the e-mail body

b) Section or Paragraph number from this Solicitation

c) Page Number of this Solicitation

d) Exhibit name, Section or Paragraph, page number from the Exhibit

e) Language, Topic, Section Heading being questioned

f) Requestor Contact Information must be included in the body of the e-mail submitted with questions

Questions or requests for clarification received after the deadline set in the Procurement Schedule (cover page of this Solicitation) may be reviewed by HHSC but will not be answered.

6.8 Notification of Addenda or Cancellation

6.8.1 Addenda Notification

Addenda for changes, modifications and answers to questions or requests for clarification as well as subsequent Addenda with amended answers to questions or requests for clarifications, will be posted to the ESBD. It is the responsibility of each Bidder to monitor the ESBD for any Addenda affecting this Solicitation. Failure to check the ESBD will in no way release any Bidder or awarded Contractor from the requirements of posted Addenda. No HHS Agency will be responsible or liable in any regard for the failure of any Bidder or awarded Contractor to stay informed of all postings to the ESBD. If the Bidder fails to monitor the ESBD for any changes or modifications to this Solicitation, such failure will not relieve the Bidder or Contractor of its obligation to fulfill the requirements as posted.

6.8.2 Cancellation Notification

HHSC reserves the right to cancel this Solicitation at any time. Notice of the cancellation will be posted on the ESBD. Bidders are responsible for monitoring the ESBD frequently for notices regarding this Solicitation.

6.8.3 Vendor Conference and HSP Training Webinar

HHSC will conduct optional webinar vendor conference and HUB Subcontracting Plan (HSP) training on the date and time identified in the Procurement Schedule (cover page of this Solicitation), or on the date and time established in subsequent Addenda. The conference will

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A training session for completion of the HSP will be provided as part of the conference. Bidders are strongly encouraged to participate in this session. Bidders who do not submit an HSP or a properly completed HSP with their Response will be disqualified. See Section 8 (HUB Subcontracting Plan (HSP) Requirements).

Attendance is strongly encouraged, but not required. Failure to attend or participate in the webinar will not disqualify a Bidder.

Attendance is strongly encouraged, but not required. Failure to attend or participate in the webinar will not disqualify a Bidder.

Vendors participating in the vendor conference must register to attend prior to the event at:

a) <insert webinar link>

b) Webinar ID: <insert 9 digits>

c) Participant must enter business e-mail.

6.8.3.1 Questions or Requests for Clarification during Vendor Conference

The vendor conference allows participants to ask HHSC questions or request clarifications.

Questions are required to be submitted, either prior to or immediately after the conference, in writing, by e-mail, to the Sole Point of Contact, Section 6.1. The questions and requests for clarifications must be submitted as required in Section 6.7.1 (Submission of Questions).

a) Answers During the Conference

1. During the conference, HHSC may provide responses to questions or requests for clarification; however, these answers will not be considered official.

2. After the conference, the official responses to questions and requests for clarifications received during the conference and those received by the Deadline identified in the Procurement Schedule (cover page of this Solicitation) or deadlines established in subsequent Addenda, will be posted in an Addendum on the ESBD.

b) HHSC reserves the right to amend the answers previously posted at any time prior to the Response Deadline or deadlines established in subsequent Addenda. Amended answers will be posted on the ESBD in a separate, new Addendum or Addenda.

c) Notification of Addenda will be in accordance with Section 6.8 (Notification of Addenda or Cancellation).

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7 Scope of Work (SOW)

7.1 Scope of Services to be Performed

The required services to be provided are Bidder shall provide subscription access to a commercial-off-the-shelf web-based solution (“Solution”) to provide recognized, evidence-based medical guidelines with the following requirements:

1. Shall be based on identified and agreed upon industry healthcare standards and must include references or citations to applicable authoritative writings, books, associations, journals for clinical practices upon which the information in the guidelines is based.

2. Must include industry defined best practices or quality measurements that can be applied to quality-of-care assessments. If a reviewer fails an event based on the evidence-based guidelines, HHSC and OIG may follow additional procedures to recoup hospital payments.

(See 1 TAC Part 15, Chapter 371, Subchapter C, Section 371.206(a).)

3. Must routinely be updated by the Contractor, in accordance with industry standards, to reflect current information.

4. Shall include medical items, medical procedures and services. Content shall meet all requirements included in 1 TAC Part 15, Chapter 371, Subchapter C, Section 371.204(a).

5. Must require that Updates be communicated to all users in advance of web or information updates.

6. Shall cover the Centers for Medicaid & Medicare Services (CMS) procedure guidelines in database content to include, but not be limited to:

a. National Coverage Determination (NCDs), Local Coverage Determination (LCDs); and

b. U.S. medical coding standards.

7. Shall provide Solution contents that are subject to a review process established by the Contractor.

8. Shall provide guidelines in a variety of healthcare settings, including but not limited to those that provide prior authorization, inpatient admission, and outpatient services.

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Examples include, but are not limited to, health care services for maternal deliveries, newborn care, pediatric, surgery, general medical, rehabilitation, and psychiatric services.

9. Must incorporate interrater reliability criteria test for nurse-to-nurse assessments and findings.

10. Be compatible with standard Internet browsers, including but not limited to, Google Chrome, Microsoft Edge, Mozilla Firefox, and preferably MacOS.

11. Be capable of providing and supporting access for up to fifty (50) multi-users, logins or access points to obtain the information concurrently.

12. Include role-based security provisioning that conditions the levels of access available to different categories of users.

13. Be scalable to increase or decrease the number of users, number of licenses, storage capacity, and number of HHSC-assigned instances.

14. Must provide built in education and “tips” for end users of both novice, expert and trainer components.

15. Be searchable by diagnosis or keyword.

16. Each guideline must include a unique reference ID (which may be alpha-numeric) for each individual diagnosis-based guideline. For example:

Code Description

X-XXXXX Anorexia Nervosa - Behavioral Health X-XXXXX Single livebirth, born in hospital X-XXXXX Congestive Heart Failure X-XXXXX Rheumatoid Arthritis

17. The data extract must include the unique reference ID and the description of the diagnosis associated with the guideline. The preferred file format for the data extract is ASCII Text, Tab delimited.

18. The data extract must be provided to OIG at a frequency and in a manner agreed upon by both parties, after the Contract award.

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19. The data extract must include both current and archived/prior editions of the guidelines and must have the ability to clearly distinguish between what is current and what is prior information.

20. Archived or prior editions of guideline information and data must be easily accessible by end users.

21. Archived or prior editions of guidelines must be searchable by diagnosis or keyword.

22. The Solution shall provide the ability to print a summary of finding from the portal.

23. Product demonstration, at sole discretion of HHSC, may be requested.

7.1.1 Service Location(s)

HHS, at its sole discretion, during the contract term and with a 30 days’ advance written notice, reserves the right to change, consolidate, delete or add service locations.

a) Online Services

7.1.2 State Holidays

The state holidays observed are maintained by the State Auditor’s Office and may be accessed at: https://hr.sao.texas.gov/Holidays. HHS Agency does not specifically require services to be performed on these holidays.

To fulfill the required services, as applicable, the Contractor may perform the services on a holiday observed by HHS at NO additional expense to the HHS Agency.

Performance of services on a state holiday requested by HHS Agency will be performed and invoiced at the Contract rate for Outside Regular Hours.

7.1.3 Minimum Experience and Qualifications

Bidder will submit documentation of experience and qualifications with Response, if requested in Exhibit D – Pricing Sheet.

a) The Bidder shall have relevant experience required for the services as outlined in this Solicitation. The minimum experience required is Five (5) years.

b) The Bidder must provide a minimum of three (3) verifiable references for current or previous contracts of the same size and for similar or same services within the last Five

(5) years.

7.1.4 HHS Agency Responsibilities

a) OIG will provide a single point of contact for Contract administration.

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b) OIG will provide names of personnel users who will receive training, train the trainer, class.

c) OIG will maintain a list of personnel users with access to the Solution.

d) OIG will notify the Contractor when users no longer need access to the Solution via

7.1.5 Contractor Responsibilities

a) Contractor must update the Solution routinely to remain current with industry accepted standards. Contractor must have an established and at a minimum, annual, update process. Updates must be communicated to all users in advance.

b) Contractor must provide a single point of contact for Contract administration.

c) Contractor shall provide initial onsite and /or virtual instructor-led training to OIG users;

d) Contractor shall provide computer-assisted or web-based instruction modules such as (self-teaching) which are available with the Solution;

e) Throughout the life of the Contract, Contractor shall provide electronic or printed documentation for reference;

f) Contractor shall provide specialized training (train-the-trainer) in order to maintain six

(6) users to serve as train-the-trainer in-house experts within the duration of the Contract term. (Contractor may provide additional training for replacement train-the-trainer in- house experts at the discretion of HHSC OIG.);

g) Contractor shall provide information about on-going customer training;

h) HHSC OIG staff must be trained at least forty-five (45) calendar days before the go-live date, which is set for April 1, 2024; AND

i) Contractor shall provide web-based real-time training for all users annually with opportunity for on-demand training sessions accessible through Contractor’s reference library.

7.1.6 Independent Contractor

It is understood and agreed by the HHS Agency and the Contractor that the Contractor is retained as an independent Contractor and in no event shall any employee hired by the Contractor be considered an employee of the State.

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a) The Contractor shall not allow any visitors, spouses, children or other relatives of the Contractor’s or Subcontractor’s employees to be on state property in connection with the Contract during working hours.

b) The Contractor shall be responsible for all employment taxes and other payroll withholding for its employees.

c) The Contractor shall be responsible and liable for the safety and health of its personnel while they are performing work for an HHS agency and while on the HHS Agency premises.

d) The Contractor shall be responsible for verifying that all of its employees assigned to perform services under the Contract are in compliance with all requirements of the Immigration Reform and Control Act of 1986, Public Law 99-603, which became effective November 6, 1986, and any subsequent amendments.

e) The Contractor and the assigned Contractor employees or the Contractor’s Subcontractor and Subcontractor employees assigned to perform the services must have all applicable permits, licenses, accreditations and insurance coverage.

7.1.7 Background Check for Personnel

The Contractor or an independent third party may need to conduct comprehensive, statewide Texas Department of Public Safety (DPS) criminal and sex offender background checks on all Contractor personnel (e.g., permanent and temporary personnel and/or Subcontractor and Subcontractor personnel) who will be assigned to perform the services under the Contract.

The Contractor shall be responsible for all background check expenses.

The background checks must be conducted prior to any Contractor or Subcontractor personnel arriving on state property and beginning the required Contract services.

Supporting documentation confirming the completion of the background checks is subject to review upon request by the HHS Agency. Failure to produce the requested documentation, as with any violation of the Contract, constitutes grounds for termination of the Contract and/or Purchase Order with cause.

The background checks shall include, but not be limited to Social Security Number Verification.

Statewide criminal and sex offender records shall include, but not be limited to, all Texas counties and out-of-state counties based on the current and previous addresses of the key personnel for the last seven years.

Personnel with sex offender, child or adult abuse, or fraud convictions shall not be allowed to provide Contract services and shall not be allowed access to HHS Agency property, facilities, or documents in connection with the Contract.

Assigned personnel with misdemeanor convictions must receive prior approval by the HHS Agency before being allowed to work under this Contract.

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7.1.8 Absenteeism and Vacation

The Contractor shall provide substitutes for any employee(s) who provides services at the HHS facility who may be out due to illness or vacation. The Contractor shall provide relief personnel as necessary and/or work overtime, at no cost to the HHS Agency, to ensure that the requirements of this Contract are performed and accomplished as required.

7.1.9 Telephone Maintenance and Support

The Contractor shall have an active telephone service answered during normal business hours.

Normal business hours are between 8:00 a.m. and 5:00 p.m. Monday through Friday, unless otherwise stated in the Solicitation.

Contractor must provide the Solution with 99.5% ,24 hours-a-day/,7 days-a-week availability outside of scheduled maintenance windows.

Contractor must provide fourteen (14) business days prior notification for scheduled maintenance issues resulting in system downtime.

Contractor must provide a notification to OIG within eight (8) hours of any unanticipated system outage.

Contractor must provide a help desk phone number during the HHSC OIG business hours which include Monday through Friday in both Central Standard Time and Mountain Standard Time zones.

Contractor must provide additional system support via email.

Contractor must assist with password resets and any other technical issues.

Contractor must provide secure user-ids/passwords for HHSC OIG.

Contractor must deactivate the user within three (3) business days upon receipt of written notification via email from OIG.

7.1.10 24-Hour Contact The Contractor must provide, in Exhibit C – Bid Execution Page, the HHS Agency Contract Manager with 24-hour contact information for a minimum of two (2) Contractor personnel so the HHS Agency may communicate urgent performance issues that require immediate correction or any other issues that may occur. The Contractor’s 24-hour contact must always be available. Any urgent performance issues requiring immediate correction will be followed up in writing by the HHS Agency Contract Manager.

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8 HUB Subcontracting Plan (HSP) Requirements The Comptroller of Public Accounts (CPA), Statewide Procurement Division (SPD) administers the Historically Underutilized Business (HUB) Program in accordance with Chapter 2161, Texas Government Code, and Rules §20.281 to §20.298, Title 34, Chapter 20, Subchapter D, Division 1, Texas Administrative Code. The HUB Program rules may be accessed at:

https://comptroller.texas.gov/purchasing/vendor/hub/.

It is the policy of HHSC to promote and encourage contracting and subcontracting opportunities with State of Texas-certified Historically Underutilized Businesses (HUBs). Information regarding the HHSC Policy on Using HUBs may be accessed at: https://hhs.texas.gov/doing-business-hhs/contracting-hhs/historically-underutilized-business-opportunities-program.

8.1 HUB Subcontracting Plan (HSP)

Although submission of the HSP is not required, if Bidders identify subcontracting opportunities or have a need to subcontract to fulfill any portion of an awarded Contract, Bidders are encouraged to submit, with their Proposal, a properly completed HSP.

To obtain more information regarding the HSP, contact the HUB Program Office. Provide the Solicitation number and title (cover page of this Solicitation).

Phone: 512-406-2570 or

E-mail: HHSCHUB@hhs.texas.gov

The HHSC HUB Coordinator has reviewed the service requirements of this Solicitation and has determined that subcontracting opportunities are probable for part or all the required services.

Reference the following Exhibits, included as a part of this Solicitation:

a) Exhibit G – Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Requirements

8.2 Courtesy Review of HSP

A courtesy review of a Bidder’s completed HSP is optional and is available to assist Bidders in providing a compliant and responsive HSP. This courtesy review may only identify possible deficiencies.

To request a courtesy review, submit the completed HSP including all supporting documentation in a PDF format by e-mail to the HHSC HUB Program Office by or before the Courtesy Review of HUB Subcontracting Plan deadline in the Schedule of Events, cover page of this solicitation.

E-Mail for Courtesy Review: bob.mccurdy@hhs.texas.gov

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E-mail Subject Line: HSP Courtesy Review, IFB No. HHS0014268, Due Date January 24, 2024 05:00 PM

HSPs received after the “Courtesy Review of HUB Subcontracting Plan” deadline in the Procurement Schedule (cover page of this Solicitation) or deadlines established in subsequent Addenda, will not be reviewed and will be returned to the requestor.

The final HSP must be submitted by the Response Deadline identified in the Procurement Schedule (cover page of this Solicitation) or deadlines established in subsequent Addenda.

Responses received without a properly completed HSP will be disqualified.

9 Pricing Information

9.1 Pricing Structure

Prices offered, as part of the Bidder’s response, must be firm, fixed prices for the initial term of the Contract.

The pricing must be submitted only using Exhibit D - Pricing Sheet based on the description and the unit of measure(s) provided for each line item. The unit prices must include all Solicitation requirements, including, but not limited to, labor, equipment, materials, supplies and all related expenses.

9.2 Price Adjustments

Contractors are required to immediately implement any price decrease that may become available during the Contract term. Contractor must notify the designated HHSC Contract Manager in writing so that a Purchase Order Change Notice or Contract Amendment may be processed. The Contractor will be provided the HHS Agency Contract Manager contact information upon award.

9.2.1 Price Adjustment Index

Price adjustments are not automatic. Prices only may be adjusted at the sole discretion of

HHSC.

HHSC may permit price adjustments when correlated with the index as specified below and as published by the Bureau of Labor Statistics (BLS), Region VI, Washington, DC 20212.

BLS Website: https://data.bls.gov/cgi-bin/srgate

CPI-W Urban Wage Earners and Clerical Workers – Series ID: CWURR0000AA0:

https://data.bls.gov/timeseries/CWUR0000AA0

CPI-U All Urban Consumers – Series ID: CUUR0000AA0 https://data.bls.gov/timeseries/CUUR0000AA0

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When using the most recent monthly information from the index, the following applies:

A = Index from the month of the Response Deadline of this Solicitation, OR

The effective date/month of the last approved price increase or renewal option exercised

B = Current or latest baseline index

The allowable percent change must be calculated as follows:

B-A ÷ A x 100% = Percent of allowable price increase or decrease

Failure by the Contractor to calculate this formula and provide any supporting documentation will not be considered a properly submitted price increase request.

The Contractor may offer price decreases in excess of the allowable percent change at any time during the term of the Contract.

9.2.2 Price Adjustment Requests

The Contractor must provide, in writing to the HHS Agency Contract Manager, a request for a price adjustment. The adjustment request must use the index and formula identified in Section

9.2.1 (Price Adjustment Index). Only contracts with renewals are eligible for CPI increases and must be completed prior to the start of the renewal period.

Contractor must provide supporting documentation to justify any price adjustment. Any request submitted that fails to use the formula above for calculating a price adjustment will not be considered a complete, properly submitted request. Additionally, any request submitted by a Contractor that does not include supporting documentation will not be considered a complete, properly submitted price adjustment request.

The HHS Agency reserves the right to accept or reject the request for a price adjustment. The Contractor will receive written notification, through a Purchase Order Change Notice or Contract Amendment, from the HHS Agency Contract Manager documenting action taken, to include effective dates, for any adjustments approved.

9.2.3 Federal Minimum Wage Adjustments

Contractor may request a price adjustment based on an increase in the Federal Minimum Wage Rate, published by the U.S. Department of Labor (USDOL), if applicable.

The request must be submitted to the HHS Agency Contract Manager in writing and include supporting documentation from the USDOL reflecting the increase and the effective date of the increase. HHSC reserves the right to accept or reject the request for an increase.

The effective date for an increase, if approved, will be based on the date of approval by the HHS Agency. Retroactive increases will not be allowed or approved if the USDOL effective date is prior to the date the written request is received by HHSC. Notification of an approved increase in the Contract rate will be provided through a Purchase Order Change Notice or Contract

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Amendment from the HHS Agency Contract Manager to include the new unit price and effective date for the increase.

10 Changes to The Contract Following award, additional services or changes to the original solicitation be added/deleted via Purchase Order Change Notice (POCN) approved by the HHS Agency and the Contractor.

11 Contract Term

11.1 Term of Contract

The term of the awarded Contract will be effective on the date the Contract is issued and will expire based on the schedule for delivery of services as outlined in this Solicitation or by the date.

11.2 Initial Contract Term:

Any contract resulting from this Solicitation will have an initial term beginning April 7, 2024 and expiring August 31, 2024.

11.3 Renewal Option(s)

HHSC, at its sole discretion, may renew the Contract for up to four (4) one-year renewal options.

Renewal 1 term: September 1, 2024 – August 31, 2025

Renewal 2 term: September 1, 2025 – August 31, 2026

Renewal 3 term: September 1, 2026 – August 31, 2027

Renewal 4 term: September 1, 2027– August 31, 2028

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

11.4 Extension Option

The HHS Agency, at its sole option and subject to availability of funding, may extend the Contract beyond the initial term and all renewal periods for up to one (1) year as necessary to ensure continuity of service, to process a new solicitation, to secure a new contract, for purposes of transition to a new Contractor, or as otherwise determined by the HHS Agency.

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This extension, if exercised, will require the Contractor to continue performing services in accordance with the Contract requirements and all terms and conditions.

12 Contract Administration/Transactional Purchase Order Administration

12.1 Contract Manager

An HHS Agency Contract Manager will be designated, and the contact information will be provided to the Contractor.

After award of any Contract resulting from this IFB, all communications related to the Contract and requests for changes to the Contract will be processed through the designated HHS Agency Contract Manager.

12.2 Services Performed

a) The HHS Agency Contract Manager or designee will monitor all work performed which shall be in accordance with this Contract, local codes and ordinances and any other authority having lawful jurisdiction and shall periodically communicate with the Contractor via telephone and email to address questions, concerns or progress.

b) It is important that the Contractor performs all requirements as stated. Failure to do so may result in termination of the Contract.

c) All service and deliverable must meet or exceed the required levels of performance specific in this solicitation.

d) Contractor will be notified by the HHS Agency Contract Manager or designee in writing to correct any service or portion of a service. The Contractor shall take immediate action to correct the service or portion of a service at no additional cost to the HHS Agency.

The Contractor shall notify the HHS Agency Contract Manager or designee upon completion for HHS Agency inspection and acceptance, as applicable.

12.3 Performance Reporting

The HHS Agency Contract Manager is required to report vendor performance for purchases over $25,000 through the Texas Comptroller of Public Accounts (CPA) Vendor Performance Tracking System (VPTS). The VPTS reporting is required throughout the life of a contract and not just at its conclusion. HHSC PCS, at its sole discretion, may submit reports in the VPTS on Purchase Orders under $25,000. The VPTS information and report search may be accessed at:

https://www.txsmartbuy.com/vpts

Performance Notification – Non-Material Deficiency

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The HHS Agency may notify Contractor in writing of specific areas of the Contractor’s performance that fail to meet performance expectations, standards, or schedules, but that, in the determination of the HHS Agency, do not result in a material deficiency or delay in the implementation or operation of the services.

12.4 Contractor Response to Notification of Non-Material Deficiency

The Contractor shall, within three (3) business days (or another date approved by the HHS Agency) of receipt of written notice of a non-material deficiency, provide the HHS Agency Contract Manager a written response that:

a) Explains the reasons for the deficiency, the Contractor’s plan to address or cure the deficiency, and when the deficiency will be cured; or

b) If the Contractor disagrees with the HHS Agency’s findings, the response must include the reasons why the findings are disputed.

The Contractor’s noncompliance or rectifying the deficiency may result in delayed payment or non-payment as determined by the HHS Agency.

12.5 Corrective Action Plan (The Plan)

At its discretion, the HHS Agency may request in writing and require the Contractor to submit a detailed written Corrective Action Plan and include how the Contractor will correct or resolve an issue, deficiency, or a breach of this Contract.

The Plan must include, but is not limited to:

a) A detailed explanation of the reasons for the cited deficiency;

b) The Contractor’s assessment or diagnosis of the cause; and

c) A specific proposal to cure or resolve the deficiency.

The Plan must be submitted by the deadline set forth in the HHS Agency’s request.

The Plan is subject to approval, which will not be unreasonably withheld, by the HHS Agency.

12.6 Performance Issues

The Contractor shall be required to correct all performance issues reported by the HHS Agency Contract Manager within 48 business hours. If requested by the HHS Agency, the Contractor shall provide a written report detailing the performance issue(s) and resolution. The HHS Agency’s Contract Manager will report/discuss performance deficiencies with the Contractor and seek to achieve resolution of the issues.

The HHS Agency Contract Manager may report the following compliance issues to HHSC/PCS for resolution.

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a) Failure to reach agreement on corrective action.

b) Failure to perform in accordance with the Corrective Action Plan.

c) Violations of this Contract and Corrective Action Plan(s).

12.7 Confidential or Proprietary Information

Bidder Requirements Regarding Disclosure

Proposals and contracts are subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552, and may be disclosed to the public upon request. Other legal authority also requires HHSC to post certain contracts and Solicitation responses on its public website and to provide such information to the Legislative Budget Board for posting on its website.

Under the PIA, certain information is protected from public release. If Bidder asserts that information provided in its Solicitation Response is exempt from disclosure under the PIA, Bidder must:

a) Mark Original Proposal

1. Mark the Original Proposal, on the top of the front page, with the words “CONTAINS CONFIDENTIAL INFORMATION” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger); and

2. Identify, adjacent to each portion of the Solicitation Response, that Bidder claims is exempt from public disclosure, the claimed exemption from disclosure (NOTE: no redactions are to be made in the Original Solicitation Response).

b) Certify in Original Solicitation Response - HHS Solicitation Affirmations (attached as Exhibit A to this Solicitation)

1. Certify, in the designated section of the HHS Solicitation Affirmations, Bidder’s confidential information assertion and the filing of its Public Information Act Copy;

and

2. Submit Public Information Act Copy of Proposal

i. Submit a separate “Public Information Act Copy” of the Original Proposal (in addition to the original and all copies otherwise required under the provisions of this Solicitation). The Public Information Act Copy must meet the following requirements:

ii. The copy must be clearly marked as “PUBLIC INFORMATION ACT COPY” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger);

iii. Each portion Bidder claims is exempt from public disclosure must be redacted (blacked out); and

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iv. Bidder must identify, adjacent to each redaction, the claimed exemption from disclosure. Each identification provided as required in Subsection (c) of this section must be identical to those set forth in the Original Proposal as required in Subsection (a)(2), above. The only difference in required markings and information between the Original Proposal and the “Public Information Act Copy” of the proposal will be redactions - which can only be included in the “Public Information Act Copy.” There must be no redactions in the Original Proposal.

By submitting a response to this Solicitation, Bidder agrees that, if Bidder does not mark the Original Solicitation Response, provide…