ESBD_File_352596_HHS0013603 Regional Officer Services RFP.pdf

PCS 550 HHS RFP/RFO Template RFP No. HHS0013603 Page 1 of 42 Version 2.10 Revision Date 09/12/2023

Stephanie Muth, DFPS Commissioner

Request for Proposals (RFP) for

Regional Licensed Personal Protection or Licensed Security Officer Services

RFP No. HHS0013603

Date of Release: March 6, 2024

Deadline for Submission of Solicitation Responses:

April 4, 2024 by 10:30 a.m. Central Time

NIGP Class/Item Codes

(*) Automated Information Systems (AIS)

952-61 Law Enforcement, Community Relations Services, Including Victim Notification Services

952-94 Transportation Services: Elderly, Handicapped, Incapacitated, Prisoners, Juries, Students, etc.

990-31 *Dispatching Services, Including Fire, Police and Medical Services

990-46 Guard and Security Services

990-67 Patrol Services

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Table of Contents Article I. Introduction, Definitions, and Authority

1.1 Introduction

1.2 Definitions

1.3 Authority

Article II. Scope of Work

2.1 Statement of Work

2.1.1 Purpose

2.1.2 Target Population

2.1.3 DFPS Region Service Locations

2.1.4 Officer Types

2.1.5 Regional Contractor Requirements

2.1.6 Regional Officer Training Requirements

2.1.7 Regional Officer Requirements

2.1.8 DFPS Responsibilities

2.1.9 Performance Measures and Associated Remedies

2.1.10 Deliverables

2.1.11 Acceptance Criteria

2.1.12 Invoice and Payment Requirements

2.1.13 Transition Planning

2.2 Contract Award and Term

2.2.1 Contract Award and Execution

2.2.2 Contract Term

2.3 Information Security Requirements

2.4 No Guarantee of Volume, Usage, or Compensation

2.5 Governmental Entities

Article III. Administrative Information

3.1 Schedule of Events

3.2 Ambiguity, Conflict, or Discrepancy

3.3 Inquiries

3.3.1 Sole Point of Contact

3.3.2 Prohibited Communication

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3.3.3 Exception to Sole Point of Contact

3.3.4 Solicitation Questions

3.4 Pre-proposal Conference

3.4.1 Attendance

3.4.2 Conference Logistical Information

3.4.3 Questions at Pre-Proposal Conference

3.5 Solicitation Response Composition

3.5.1 General Information

3.5.2 Page Limit and Supporting Documentation

3.5.3 Discrepancies

3.5.4 Exceptions

3.5.5 Assumptions

3.5.6 Binding Offer

3.6 Solicitation Response Submission and Delivery

3.6.1 Deadline

3.6.2 Submission Option

3.6.3 Submission Checklist

3.6.4 Labeling and Delivery for USB Submission and Other Materials

3.6.5 Modifications and Withdrawals

Article IV. Solicitation Response Evaluation and Award Process

4.1 Conformance with State Law

4.2 Best Value Determination

4.2.1 Selection Methodology

4.2.2 Minimum Qualifications

4.2.3 Initial Compliance Screening

4.2.4 Written Solicitation Response Evaluation

4.2.5 Written Response Evaluation Criteria

4.2.6 Best and Final Offer (BAFO)

4.2.7 Final Written Response Score

4.2.8 Summary of Best Value Determination

4.3 Questions or Requests for Clarification

Article V. Narrative Proposal

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5.1 Narrative Proposal

5.1.1 Executive Summary

5.1.2 Experience

5.1.3 Demonstrated Ability

5.1.4 Regional Plan of Operations

5.1.5 Key Staffing Profile

Article VI. Required Respondent Information

6.1 Company Information

6.1.1 Company Narrative

6.1.2 Company Profile

6.2 Franchise Tax – Right to Transact Business in Texas

6.3 References

6.4 Affirmations and Certifications

6.5 Other Reports

6.5.1 Dun and Bradstreet Reports

6.5.2 Financial Statements and Financial Solvency

6.5.3 Alternate Report

6.6 Corporate Guarantee

6.7 HUB Subcontracting Plan

Article VII. Cost Proposal

7.1 Cost Proposal

Article VIII. General Terms and Conditions

8.1 General Conditions

8.1.1 Changes, Modifications, and Cancellation

8.1.2 Offer Period

8.1.3 Costs Incurred

8.1.4 Contract Responsibility

8.1.5 Public Information Act - Respondent Requirements Regarding Disclosure

8.1.6 Respondent Waiver – Intellectual Property

8.1.7 Standards of Conduct for Vendors

8.1.8 Disclosure of Interested Parties

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8.2 Insurance

8.2.1 Required Coverage

8.2.2 Alternative Insurability

8.3 Protest

Article IX. List of Exhibits

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ARTICLE I. INTRODUCTION, DEFINITIONS, AND AUTHORITY

1.1 INTRODUCTION

The Texas Health and Human Services Commission (HHSC) on behalf of the Department of Family and Protective Services (DFPS) is seeking qualified organizations that can provide Licensed Personal Protection Officers or Licensed Security Officers services to assist DFPS staff who are supervising or transporting Youth in DFPS conservatorship who are without placement.

DFPS is seeking to award one or more Contracts for nine (9) DFPS Regions (excluding Regions 1 and 2). Services may be required at different locations, such as: DFPS facilities, hotels, residential settings, or other locations within the designated DFPS Regions. DFPS may require that the Officer travel within or outside of the DFPS Region, including outside the state of Texas.

HHSC Procurement and Contracting Services (PCS) will administer the procurement process for this Solicitation, which includes RFP publication, handling of communications from vendors, as well as managing the receipt of Solicitation Responses for review and evaluation. For purposes of this document, DFPS may also be referred to as a System Agency.

Information regarding DFPS and its programs is available online and can currently be accessed at https://www.dfps.state.tx.us/

1.2 DEFINITIONS

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below:

“Addendum” means a written clarification or revision to this Solicitation issued by HHSC PCS and posted to the ESBD.

“Advancement Criteria” means the published criteria for Respondent to advance to the next phase of evaluation if multiple evaluation methods are utilized.

“Award Consideration (AC) Documents” means documents Respondent must submit as part of the Solicitation Response to be considered for negotiations or award.

“Business Day(s)” means Monday through Friday, from 8:00 a.m. to 5:00 p.m. local time. Business Day excludes Saturday, Sunday, and State-approved holidays (i.e., federal, state, or agency-designated holidays).

“Calendar Day(s)” means a period of 24 hours starting from midnight, which total amount of days include weekends and holidays.

“Child(ren)” means a minor aged infant to 12 that is in the conservatorship of

DFPS.

https://www.dfps.state.tx.us/

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“Contract” means the Signature Document, Uniform Terms and Conditions, along with any Attachments, and any Amendments, purchase orders, or Work Orders that may be issued by the System Agency, to be incorporated by reference for all purposes.

“Contractor” means a party selected to provide the goods or Services to the State under this Contract.

“Contract Term” means the period of time beginning with the commencement date or effective date of a Contract and ending when the Contract expires in accordance with its terms, or when it has been terminated. The Contract Term may or may not be the same as the budget period.

“DFPS” means the Department of Family and Protective Services.

“ESBD” means the Electronic State Business Daily, the electronic marketplace where State of Texas bid opportunities over $25,000 are posted. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

“Final Written Response Score” refers to the final scoring of the written response as documented in the Solicitation.

“HHSC” means the Health and Human Services Commission.

“HHSC PCS” means Procurement and Contracting Services (PCS), a division of

HHSC.

“Holiday” means an occasion recognized by the State, federal government or by customer which normal activities, especially business or work are suspended or reduced.

“Jurisdictional Boundary” means a certain area or region that has some form of government in which it has authority to govern.

“Licensed Personal Protection Officer” means a person who performs the activities described by Tex. Occ. Code § 1702.202 and meets the requirements of Subchapter I of Chapter 1702, as well as any other applicable sections, of the Texas Occupations Code.

“Licensed Security Officer” means a person who performs the activities described by Section 1702.222 of the Texas Occupations Code and meets all licensing requirements and qualifications (including background checks and training) under the Texas Occupations Code.

“Officer” includes a Licensed Security Officer, and/or Licensed Personal Protection Officer.

“Regional Service Delivery Area” means a delineated and identified physical location where services will be provided as designated by DFPS. Regional Service Delivery Areas (RSDA) Texas Regional Boundaries Map maybe found at:

http://www.dfps.state.tx.us/contact_us/map.asp.

“Respondent” means the individual or entity responding to this Solicitation.

“Solicitation” means this RFP including all exhibits, attachments, forms, and Addenda, if any.

http://www.txsmartbuy.com/esbd http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=OC&Value=1702.202 https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1702.htm#1702.222 http://www.dfps.state.tx.us/contact_us/map.asp

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“Solicitation Consideration (SC) Documents” means documents that must be submitted by Respondent with the Solicitation Response in order to be considered for evaluation and cannot be resubmitted or have errors remedied after the submission due date and time in the Schedule of Events has passed.

“State” means the State of Texas and its instrumentalities, including HHSC or DFPS, and any other state agency, its officers, employees, or authorized agents.

“Subcontractor” means an entity hired by an awarded contractor to perform a portion of the scope of work by the entity contracting with DFPS as a result of this solicitation. The Contractor remains entirely responsible for performance of all requirements of the Contract through monitoring the Subcontractor’s performance.

“VPTS” means Vendor Performance Tracking System, as defined under Section

2262.055 of the Texas Government Code and Title 34 of the Texas Administrative Code Part 1, Chapter 20, Subchapter B, Division 2, Rule §20.115 and Subchapter F, Division 2, Rule §20.509.

“Youth” means a minor aged 13-18 that is in the conservatorship of DFPS.

1.3 AUTHORITY

HHSC is soliciting the services stated in this Solicitation under the authority of Texas Gov’t Code § 2155.144(a), (b-1) (2), and Texas Human Resources Code § 40.058.

ARTICLE II. SCOPE OF WORK

2.1 STATEMENT OF WORK

2.1.1 Purpose

Limited availability of placement options has led to a number of Children without placement, resulting in temporary living locations included but not limited to hotels and facilities leased by DFPS for short terms, or other short-term acceptable settings.

Contractor must be able to provide licensed Officers and prioritize the protection of the Child or Youth in various environments. The Officer’s services may involve the de-escalation and mitigation of Child or Youth’s behaviors to ensure the ongoing safety of Children, Youth, and DFPS staff.

Contractor must be aware of and demonstrate a clear understanding of the required services, available resources, and service demands that accompany this Solicitation.

2.1.2 Target Population

Children and Youth with characteristics and behaviors that include, but are not limited to, impulsivity, separation anxiety, assaulting of adults and/or peers, sexualized behaviors, self-harm, running away, interaction with the criminal justice https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2262.htm#2262.055 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=115 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=509

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2.1.3 DFPS Region Service Locations

Services are to be provided in each of the contracted awarded RSDA regions (excluding Regions 1 and 2) as defined in the DFPS regions map:

http://www.dfps.state.tx.us/contact_us/map.asp and Exhibit J, Texas Regional Boundaries.

2.1.4 Officer Types

A. Required Officer type description and qualifications can be found in Section

2.1.6 (Regional Officer Training Requirements) and Section 2.1.7 (Regional Officer Requirements). For the purpose of this Solicitation all types of Officers shall be known as “Officers” unless specified by DFPS. Officer types are as follows:

1. Licensed Personal Protection Officer (PPO); and

2. Licensed Security Officer (SO).

B. DFPS staff will request the Officer type for the service according to the characteristics and needs of the Children or youth as per Section 2.1.2 (Target Population).

C. DFPS may request to replace an Officer with either PPO or SO or request service from the next Contractor as defined in Section 2.2.1 (Contract Award and Execution).

2.1.5 Regional Contractor Requirements

Contractor must be able to provide Officers for these services 24 hours per day, seven (7) days a week, including but not limited to weekends and holidays.

In all instances the Contractor shall:

A. Acknowledge and confirm coverage within two (2) hours of receiving a request.

The Officer(s) must be on-site at DPFS’s requested location within four (4) to eight (8) hours of receiving a request. In emergency circumstances, DPFS may require immediate coverage. Contractor will work cooperatively with DFPS to secure coverage in those circumstances;

B. Provide the DFPS requester with the Officer’s information that will be dispatched to the assignment to include Officer name and mobile phone number;

C. Have backup Officers who can be dispatched in case the original or backup Officer is unable to arrive on time at the designated location;

D. Maintain a dedicated pool of Officers available in the awarded region(s) to fill requested shifts as per estimates located in Exhibit G, Cost Proposal.

http://www.dfps.state.tx.us/contact_us/map.asp

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E. A preference should be given to Officers with experience working with a similar population of Children and Youth.

F. Provide phone number and an email address of the main point-of-contact that will be managing and scheduling services. Contractor or an authorized representative must be available 24 hours-a-day, seven (7) days-a-week including Holidays;

G. Provide phone numbers and email addresses of the on-call, after-hours, or dispatch point of contact that will be available to ensure a timely response, Officer’s availability, Officer dispatch, and Officer on site arrival verification;

H. Provide an Officer at the required time and at the requested location;

I. Provide Officers that, at times, will be required to travel outside their jurisdictional boundaries, to other states, and to stay overnight;

J. Monitor Officers when in-service 24-hours a day, seven days a week;

K. Accept verbal service requests from DFPS. A written requisition will be submitted to Contractor within 24-hours of verbal request;

L. Maintain all records and documents for services provided under a Contract with DFPS. Records must include but are not limited to:

1. Written documentation that the Officer provided by Contractor meets the Officer requirements found in Section 2.1.6 (Regional Officer Training Requirements) and Section 2.1.7 (Regional Officer Requirements);

and

2. Written documentation of Contractor’s attempts to provide Officers at the requested level before providing alternative Officers and or requesting Officers from a HUB approved Subcontractor.

M. Work with DFPS throughout the Contract Term to make adjustments that are necessary to meet the needs of the Children, Youth, and DFPS staff, and to successfully fulfill service requests;

N. Submit written incident reports to DFPSCWOPContracts@dfps.texas.gov when an incident with a Child or Youth escalates beyond verbal response, including restraints or arrests made. Incident reports must:

1. Be submitted within 24 hours; and

2. Include location, date and time, Child or Youth’s name, any DFPS staff present, and a thorough description of the incident; and

O. Comply with Exhibit B, Department of Family and Protective Services, Vendor Uniform Terms and Conditions, (December 2023) and Exhibit C, Department of Family and Protective Services Vendor Supplemental and Special Conditions, (June 2022).

mailto:DFPSCWOPContracts@dfps.texas.gov

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2.1.5.1 Records Requirements

Contractor shall maintain all records and documents for services provided under the Contract. All records and documents must be kept in accordance with Exhibit B, Department of Family and Protective Services, Vendor Uniform Terms and Conditions, (December 2023). Contractor must maintain:

A. A file for each service location that includes the following:

1. The service request received by Contractor to provide Officers;

2. Officer’s name who provided the service at each location;

3. Period of time each Officer provided coverage at the location;

4. Activity and incident reports; and

5. Upon request, submit a copy of the file to DFPS within 48 hours.

B. Personnel Files for every Officer that includes:

1. Verification of Officer’s License Type;

2. Agency or entity of Officer’s current employment;

3. Copy of valid driver’s license;

4. Officer’s training history; and

5. Officer’s work history.

2.1.6 Regional Officer Training Requirements

Assigned Officers must either be a Licensed Personal Protection Officer, or a Licensed Security Officer, as defined in Section 1.2 (Definitions), Texas Occupations Code Chapter 1702 and 37 Texas Administrative Code (TAC) §35.141.

In addition, the assigned Officers must have gone through the required training and possess a valid license or certification such as:

A. Licensed Security Officer.

1. Level II training course shall be completed for a license as a noncommissioned security officer. See 37 TAC §35.141(a)(1).

2. Have completed training in de-escalation courses specifically designed for Security Officers.

3. Have completed training in physical restraint courses specifically designed for Security Officers.

4. Be at least twenty-one (21) years of age.

5. Have at least two (2) years’ experience as an Officer.

6. Possess a valid driver’s license.

B. Licensed Personal Protection Officer.

1. Level III training course shall be completed for a personal protection officer license. See 37 TAC §35.141(a)(2).

https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1702.htm https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1702.htm https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=35&rl=141

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2. Level IV training course shall be completed for a personal protection officer license. See 37 TAC §35.141(a)(3).

3. Have completed training in de-escalation courses specifically designed for Security Professionals.

4. Have completed training in physical restraint courses specifically designed for Security Professionals.

5. Be at least twenty-one (21) years of age.

6. Have at least two (2) years’ experience as an Officer.

7. Possess a valid driver’s license.

2.1.7 Regional Officer Requirements

A. Be present and alert during their assigned shift;

B. Have had an eight (8) hour rest period within a 24 cycle, and must not exceed a 16-hour continuous shift;

C. Arrive at least 15 minutes before the start of the assignment at the location requested by DFPS staff for debriefing;

D. Provide a valid contact number to DFPS staff upon request;

E. Remain in area or location designated by DFPS staff during the entirety of scheduled shift. This location may be changed as needed by DFPS;

F. Relocate between DFPS sites as requested by DFPS;

G. Jointly assist DFPS staff with de-escalation of Child and Youth when requested by DFPS to prevent risk of harm to DFPS staff, Child or Youth, or themselves;

H. Utilize skills and abilities as an Officer (including restraint and compliance techniques) to intervene when necessary to ensure the safety of DFPS staff and any Child or Youth;

I. Make reports to local law enforcement agencies on the behalf of DFPS and coordinate to assist in timely response;

J. Accompany and assist DFPS staff, who will be responsible for the Child or Youth’s care, when transporting Child or Youth to placements within and outside of Texas. Travel may occur by car and/or plane, at the expense of DFPS;

K. Notify DFPS staff and intervene when necessary if any suspicious or concerning activity is observed, such as, but not limited to:

1. Child or Youth precursors to harming self or others;

2. Child or Youth precursors to runaway behaviors;

3. Irregular or concerning activity outside of locations; or

4. Suspicious persons around location.

L. Be responsible for providing for and remaining in uniform for the entirety of the scheduled shift;

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M. Be responsible for providing and carrying their own communication equipment, safety equipment, and handheld protection devices, if necessary for their job duties.

N. At no time shall an Officer:

1. Be alone or unsupervised with Child or Youth;

2. Purchase or provide items, gifts, or food to Child or Youth; or

3. Administer medication (prescribed or over-the-counter).

2.1.8 DFPS Responsibilities

A staff member from DFPS, Child Protective Services (CPS), or Child Protective Investigations (CPI) is required to be present at all times while Contractor is in the presence of any Child or Youth in DFPS custody. In addition, DFPS staff shall:

A. Provide guidance, support, and oversight to Officers;

B. Provide a briefing and other necessary information regarding the Child or Youth at the beginning of every shift;

C. Provide transportation for the Child or Youth;

D. Be solely responsible for the management of Child or Youth and jointly mitigate, along with Officers, any behavioral concerns such as attempts to leave the premises, verbal, physical aggression, or physical harm to self or others;

E. Be solely responsible for providing the following items for the Child or Youth when staying overnight in a hotel or other location, including:

1. His or her own bed or sleeping space with clean bedding;

2. Clean towels;

3. Toiletries; and

4. Other items necessary to meet the Child or Youth’s needs.

F. Be solely responsible for ensuring medication management to Child or Youth and ensuring they receive their medications timely; and

G. Be solely responsible for providing the Child or Youth with three meals and at least one snack a day, including:

1. Any special diet prescribed by a health care provider; and

2. Food to which the Child or Youth is not allergic (based on the Child or Youth’s known food allergies).

2.1.9 Performance Measures and Associated Remedies

DFPS will monitor the Contractor’s performance throughout the term(s) of this Contract. Contractor must provide all services under this RFP at an acceptable quality level and in a manner consistent with the Contract, and Contractor requirements.

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Failure to meet DFPS requirements under this solicitation as specified in Section 2.1, (Statement of Work) are subject to remedies located in Exhibit B, Department of Family and Protective Services, Vendor Uniform Terms and Conditions, (December 2023) and Exhibit C, Department of Family and Protective Services Vendor Supplemental and Special Conditions, (June 2022).

Contractor agrees that Officer timely arrival to an assignment, including the submission of incident reports, records as indicated in Section 2.1.5.1 (Records Requirements), timely biweekly invoicing as required in Section 2.1.12 (Invoice and Payment Requirements), as well as completion of the described requirements, are all of the essence.

2.1.10 Deliverables

Respondent will perform the requested services and provide the deliverables as requested in Section 2.1, (Statement of Work).

2.1.11 Acceptance Criteria

Respondent will be ultimately responsible for the accuracy and completeness of their work product, methodology, and evidence presentation as well as any expert opinions expressed. DFPS will review files and reports before payment of an invoice is made. This acceptance applies to each deliverable outlined in this RFP including but not limited to Section(s) 2.1.5 (Regional Contractor Requirements),

2.1.5.1 (Records Requirements), Section 2.1.6 (Regional Officer Training Requirements) and Section 2.1.7 (Regional Officer Requirements).

2.1.12 Invoice and Payment Requirements

Contractor must legibly complete a separate Exhibit H, DFPS Time Sheet for Officer Services for every shift worked which must be completed in its entirety.

Any incomplete time sheet will be rejected by DFPS and returned to Contractor.

A. Contractor must submit invoices to DFPSCWOPContracts@dfps.texas.gov.

Invoices must be itemized by Officer and must include the following:

1. Name, address, and telephone number of Contractor;

2. Officer and License Type;

3. Service location;

4. DFPS Service Region;

5. DFPS Contract number;

6. Dates of services provided;

7. The total invoice amount; and mailto:DFPSCWOPContracts@dfps.texas.gov

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8. A copy of the completed Exhibit H, DFPS Time Sheet for Officer Services each shift conducted and documented.

B. Payment of services under this Contract are fixed fee, unit rate.

C. The Contractor will bill on a “per hour” basis in 15-minute increments. Fees are calculated in one-hour units:

1. 15 minutes = .25 unit;

2. 30 minutes = .50 unit;

3. 45 minutes = .75 unit; and

4. 60 minutes = 1 hour.

D. Monthly Billing Periods are as follows:

1. Billing Period 1 consists of billing for all services provided from the 1st through the 15th of any given month.

a. Contractor must submit all invoices and supporting documentation for Billing Period 1 on or before the 1st day of the following month by 5:00 p.m. Central Time.

b. If this deadline falls on a weekend day or state or federal Holiday, the deadline is moved to the next regular Business Day.

c. Services must be billed to the month in which they were completed.

2. Billing Period 2 consists of billing for all services provided from the 15th through the last day of any given month.

a. Contractor must submit all invoices and supporting documentation for Billing Period 2 on or before the 15th day of the following month by 5:00 p.m. Central Time.

b. If this deadline falls on a weekend day or state or federal Holiday, the deadline is moved to the next regular Business Day.

c. Services must be billed to the month in which they were completed.

E. DFPS will make payments within 30 Calendar Days from the date an accurate invoice is received in accordance with the Texas Prompt Payment Act (Texas Government Code Chapter 2251 https://fmx.cpa.texas.gov/fm/pubs/purchase/prompt_pay/index.php

F. Only services verified on Exhibit H, DFPS Time Sheet for Officer Services may be billed.

G. Contractor will be paid the hourly rate for time spent on-site while providing services and for travel due to the transportation of a Child or Youth.

H. Travel expenses for assisting DFPS staff with transporting a Child or Youth will be reimbursed in accordance with State of Texas Travel Rates.

1. For hotel, food and mileage rates, see https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php.

https://fmx.cpa.texas.gov/fm/pubs/purchase/prompt_pay/index.php https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php

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2. For airline travel costs must be consistent with State Travel Management Program guidelines at https://comptroller.texas.gov/purchasing/programs/travel-management/airline.php

I. Contractor will not bill DFPS for services delivered by a person not meeting Regional Officer Requirements pursuant Section 2.1.6 (Regional Officer Training Requirements) and Section 2.1.7 (Regional Officer Requirements).

2.1.13 Transition Planning

At the end of the Contract Term, Contract termination or cancellation, the Contractor shall, in good faith and in cooperation with the Department, aid in transition to any new arrangement or provider of services. Unless otherwise directed in writing by DFPS, the Contractor will comply with all service requests received by the Contract manager through the end date of the Contract with DFPS.

2.2 CONTRACT AWARD AND TERM

2.2.1 Contract Award and Execution

DFPS intends to award one or more contracts per DFPS Region. The number of awards per region are specified in Exhibit I, Regional Plan of Operations and Service Region Selection.

Awards will be determined from the results of Exhibit F, Evaluation Tool.

Contractor with the highest score will be awarded as the service region primary service provider, the next highest score will be the awarded as the secondary service region provider, followed by the next highest score which will be awarded as the tertiary service region provider.

Any award is contingent upon approval of the DFPS executive commissioner or their designee.

2.2.2 Contract Term

The initial term of any Contract resulting from this Solicitation will be one (1) year with an estimated start date of August 1, 2024. DFPS, at its sole option, may extend any Contract awarded pursuant to this Solicitation for up to four (4) one (1) year renewals.

Notwithstanding the limitation in the preceding paragraph and with at 30 Calendar Days’ advance written notice to Contractor, at the end of the initial term or any extension period, HHSC or DFPS, at its sole discretion, may extend the Contract as necessary to ensure continuity of service, for purposes of transition, or as otherwise determined by HHSC or DFPS, to serve the best interest of the State for up to 12 months, in one-month intervals, at the then-current contract rate or rates (if applicable) as modified during the Contract Term.

https://comptroller.texas.gov/purchasing/programs/travel-management/airline.php https://comptroller.texas.gov/purchasing/programs/travel-management/airline.php

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2.3 INFORMATION SECURITY REQUIREMENTS

By entering into a Contract, or purchase order with DFPS as a result of this Solicitation, Respondent agrees to be bound by the terms of the Information Security and Cyber Security Requirements included in Exhibit B, Department of Family and Protective Services, Vendor Uniform Terms and Conditions, (December 2023), Section VII, General Provisions (v).

http://www.dfps.state.tx.us/Doing_Business/documents/Contractor_Data_and_Syst em_Security_Requirements.pdf

2.4 NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

DFPS makes no guarantee of volume, usage, or total compensation to be paid to any Respondent under any awarded Contract, if any, resulting from this Solicitation. Any awarded Contract is subject to appropriations and the continuing availability of funds.

DFPS reserves the right to cancel, make partial award, or decline to award a Contract under this Solicitation at any time at its sole discretion.

2.5 GOVERNMENTAL ENTITIES

If Respondent is responding to this Solicitation in its capacity as a governmental entity, certain terms and conditions found in this Solicitation, including all exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Solicitation Response is received from a governmental entity, DFPS reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

http://www.dfps.state.tx.us/Doing_Business/documents/Contractor_Data_and_System_Security_Requirements.pdf http://www.dfps.state.tx.us/Doing_Business/documents/Contractor_Data_and_System_Security_Requirements.pdf

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ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Solicitation Posting Date to ESBD

(Date of Release)

March 6, 2024

Pre-proposal Conference Attendance is Optional

March 11, 2024 at 10:00 a.m. Central Time

Deadline for Submitting Questions or Requests for Clarification

March 14, 2024 by 3:00 p.m. Central Time

Tentative Date Responses to Questions or Requests for Clarification Posted on ESBD

March 19, 2024

Deadline for Submission of Solicitation Responses [NOTE:

Responses must be RECEIVED by HHSC by the deadline.]

April 4, 2024 by 10:30 a.m. Central Time

Evaluation Period May 2024

Anticipated Notice of Award July 2024

Anticipated Contract Start Date August 2024

Respondents must submit their Solicitation Responses to HHSC in accordance with the due date and time indicated in this Schedule of Events or as changed via an Addendum posted to the ESBD.

NOTE: All dates are tentative and HHSC reserves the right to modify these dates at any time. At the sole discretion of HHSC, events listed in the Schedule of Events are subject to scheduling changes and cancellation. Scheduling changes or cancellation determinations made prior to the Deadline for Submission of Solicitation Responses will be published by posting an Addendum to the ESBD. After the Deadline for Submission of Solicitation Responses, if there are delays that significantly impact the anticipated award date, HHSC, at its sole discretion, may post updates regarding the anticipated award date to the Procurement Forecast on the HHS Procurement Opportunities web page. Each Respondent is responsible for checking the ESBD and Procurement Forecast for updates.

By submitting a Solicitation Response, Respondent represents and warrants that any individual submitting the Solicitation Response and any related documents on behalf of the Respondent is authorized to do so and to bind the Respondent under any Contract that may result from this Solicitation.

https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities

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3.2 AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the Sole Point of Contact pursuant Section 3.3.1 (Sole Point of Contact) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation in the manner and by the deadline described in Section 3.3.4 (Solicitation Questions).

Respondent submits a Solicitation Response at its own risk.

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

A. Waives any claim of error or ambiguity in the Solicitation and any resulting Contract;

B. Must not contest the interpretation by HHSC or DFPS of such provision(s); and

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

3.3 INQUIRIES

3.3.1 Sole Point of Contact

All requests, questions, or other communication about this Solicitation shall be made in writing to HHSC PCS, addressed to the person listed below (Sole Point of Contact). Additionally, a phone number is provided for purposes such as instructing a potential Respondent through an IT system or website referenced in this Solicitation. Communications via telephone are not binding.

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. Respondents seeking to contact the Sole Point of Contact should do so via e-mail in order to receive updated contact information.

Name Erin Silva, BSHA, CTCD, CTCM

Title Contract Specialist IV

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

Phone (512) 406-2657

Email Erin.silva@hhs.texas.gov

See also, Section 3.3.3 (Exception to Sole Point of Contact) below.

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3.3.2 Prohibited Communication

Except as provided in Section 3.3.1 (Sole Point of Contact) and Section 3.3.3 (Exception to Sole Point of Contact), potential Respondents and Respondents are prohibited from any communication with HHSC regarding the Solicitation. HHSC or DFPS, its representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through HHSC or DFPS designated staff as provided by Section 3.3 (Inquiries). This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation. Failure to comply with these restrictions may result in disqualification of Respondent's Solicitation Response.

3.3.3 Exception to Sole Point of Contact

Exceptions to Section 3.3.1 (Sole Point of Contact) are as follows:

Where it is expressly directed by the Sole Point of Contact that another designated HHSC representative may speak to the Respondent, such as during Contract negotiations. Respondents are required to ensure that communications have been authorized by the Sole Point of Contact before engaging in such communication.

Failure to comply with this requirement may result in the disqualification of a Respondent’s Solicitation Response.

3.3.4 Solicitation Questions

HHSC or DFPS will allow written questions and requests for clarification regarding this Solicitation. Questions must be submitted by e-mail to the Sole Point of Contact (Section 3.3.1) by the Deadline for Submitting Questions or Requests for Clarification established in Section 3.1 (Schedule of Events). Responses to questions or other written requests for clarification will be consolidated and posted to the ESBD and will not be provided individually to requestors.

HHSC or DFPS reserves the right to amend answers previously posted, prior to the Deadline for Submission of Solicitation Responses (Section 3.1) Schedule of Events. Amended answers will be posted on the ESBD. It is the Respondent's responsibility to check the ESBD. HHSC or DFPS also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

A. All questions and requests for clarification must include the following information:

1. Solicitation number;

2. Solicitation package reference (page number, section, and exhibit or attachment, if applicable;

3. Question topic (e.g., “Schedule of Events,” or “Exhibit G – Cost Proposal”);

and

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4. Question for HHSC or DFPS.

B. Requestor contact information below must be included in the body of the e-mail and submitted with the question(s):

1. Company name;

2. Company representative name;

3. Phone number; and

4. E-Mail address.

Questions or requests for clarification received after the Deadline for Submitting Questions or Requests for Clarification in Section 3.1 (Schedule of Events), may be reviewed by HHSC or DFPS but may not be answered. Only answers to questions submitted to the Sole Point of Contact in writing, in accordance with this section, are binding.

3.4 PRE-PROPOSAL CONFERENCE

3.4.1 Attendance

HHSC PCS will conduct a pre-proposal conference via webinar. Attendance is optional but highly recommended.

3.4.2 Conference Logistical Information

HHSC PCS will hold the pre-proposal conference via webinar on the date and time set out in Section 3.1 (Schedule of Events).

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact identified in Section 3.3.1 (Sole Point of Contact), at least 72 hours before the meeting in order to have reasonable accommodations made by HHSC.

Webinar Information:

Attendees must register for the webinar no later than

March 10, 2024 by 4:00 p.m. Central Time at the following link:

https://attendee.gotowebinar.com/register/1471263542942568794

** After registration, participants will receive another email with the actual link to the webinar. **

3.4.3 Questions at Pre-Proposal Conference

A. Reference Section 3.3.4 (Solicitation Questions) for the required format and information to be provided for submission of questions and requests for clarification.

https://attendee.gotowebinar.com/register/1471263542942568794

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B. Attendees may submit questions in writing at the conference. All questions must be in the required format and include the information as referenced in Section

3.3.4 (Solicitation Questions).

C. Only written responses posted by HHSC PCS as an Addendum to the Solicitation on the ESBD will be considered an official, binding update to the Solicitation.

D. HHSC or DFPS reserves the right to amend, prior to the Deadline for Submission of Solicitation Responses, answers previously posted. Amended answers will be posted on the ESBD. Notification of posting will be in accordance with Section

3.1 (Schedule of Events).

E. Conversations with HHSC or DFPS program area staff before or after the Pre-proposal Conference are prohibited.

3.5 SOLICITATION RESPONSE COMPOSITION

3.5.1 General Information

Failure to submit all required Solicitation Response documents in the required format(s) may result in disqualification of the Solicitation Response without further consideration Section 3.6.3 (Submission Checklist). Respondent shall prepare a Solicitation Response that clearly and concisely represents its qualifications and capabilities. Expensive bindings, colored displays, promotional materials, etc. are not necessary or desired. Respondent should focus on the instructions and requirements of the Solicitation.

3.5.2 Page Limit and Supporting Documentation

The narrative proposal, not including Plan of Operations, should not exceed forty

(40) pages. Respondent shall submit a Plan of Operations for each service region it applies for in Exhibit I, Regional Plan of Operations Response and Service Region Selection. Exhibit I should not exceed three (3) pages per each selected service region.

Pages should be formatted for 8 ½" x 11" paper with 1-inch margins and typed in Times New Roman, 12-point font. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the Solicitation Response, with specific reference made to the file, page, section, and/or paragraph where the supporting information can be found.

3.5.3 Discrepancies

In the event of any discrepancies or variations between copies, HHSC or DFPS is under no obligation to resolve the inconsistencies and may make its scoring and selection decisions, accordingly, including the decision to potentially disqualify a Solicitation Response. If Respondent is required to designate an “Original” Solicitation Response but fails to do so, HHSC or DFPS, in its sole discretion, will determine the version to be used as the original or may disqualify the Solicitation Response. If the Respondent submits a redacted Solicitation Response as the

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“Original,” HHSC or DFPS will disqualify the Solicitation Response and it will not be evaluated. HHSC or DFPS will not accept submissions after the Deadline for Submission for Solicitation Responses in the Schedule of Events (Section 3.1) to remedy discrepancies or variations in Solicitation Response submissions.

3.5.4 Exceptions

Respondents are highly encouraged, in lieu of including exceptions in their Solicitation Responses, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 3.3.4 (Solicitation Questions).

Any exception included in a Solicitation Response may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its Solicitation Response, Respondent is required to use the Exceptions Form included as Exhibit D to this Solicitation and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Exhibit D may be rejected without consideration.

No exception, nor any other term, condition, or provision in a Solicitation Response that differs, varies from, or contradicts this Solicitation will be considered to be part of any Contract resulting from this Solicitation unless expressly made a part of the Contract in writing by HHSC or DFPS.

3.5.5 Assumptions

Respondent must identify on the Assumptions Form, Exhibit E any business, economic, legal, programmatic, or practical assumptions that underlie the Respondent’s response to the Solicitation. [HHSC] [HHSC or DSHS] [HHSC or DFPS] reserves the right to accept or reject any assumptions. All assumptions not expressly identified and incorporated into any Contract resulting from this RFP are deemed rejected by HHSC or DFPS.

3.5.6 Binding Offer

A Solicitation Response should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated. Furthermore, all Solicitation Responses constitute binding offers. Any Solicitation Response that includes any type of disclaimer or other statement indicating that the response does not constitute a binding offer may be disqualified.

If a Respondent’s ability to enter into a Contract is contingent upon any exception or assumption provided in accordance with Section 3.5.4 (Exceptions) or Section 3.5.5 (Assumptions), the Respondent may be disqualified from further consideration for Contract award.

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3.6 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.6.1 Deadline

Solicitation Responses must be received at the address in Section 3.6.4 (Labeling and Delivery for USB Submission and Other Materials) and time stamped by HHSC PCS no later than the date and time specified in Section 3.1 (Schedule of Events).

Solicitation Responses received after the Deadline for Submission of Solicitation Responses specified in Section 3.1(Schedule of Events) will be rejected and not considered for Contract award.

3.6.2 Submission Option

A. Submission Option #1: Respondent shall submit two USB drives—one (1) labeled “Original Proposal” and one (1) labeled “Copy”—containing the following documents:

1. Each USB must contain one file named “Original” that contains the Respondent’s entire Solicitation Response (except the cost proposal and HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

2. If applicable in accordance with Section 8.1.5, (Public Information Act – Respondent Requirements Regarding Disclosure), each USB must contain one file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable PDF.

3. In accordance with Section 7.1, (Cost Proposal), each USB must contain one file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

B. Submission Option #2: Respondent shall submit the following through the Online Bid Room utilizing the procedures in Exhibit K, HHS Online Bid Room Instructions:

1. One file named “Original” that contains the Respondent’s entire Solicitation Response (except the cost proposal and HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

2. If applicable in accordance with Section 8.1.5, (Public Information Act – Respondent Requirements Regarding Disclosure), one file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable

PDF.

3. In accordance with Section 7.1, (Cost Proposal), each USB must contain one file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

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3.6.3 Submission Checklist

Solicitation Consideration and Award Consideration Documents, reference Section

1.2 (Definitions) must be submitted by the Deadline for Submission of Solicitation Responses referenced in Section 3.1 (Schedule of Events). Solicitation Consideration Documents will be reviewed as received, and Respondent will not have an opportunity to remedy missed requirements. At its sole discretion, HHSC may request some or all of the Respondents to remedy missing elements of Award Consideration Documents. Those marked “SC” are Solicitation Consideration Documents and those marked “AC” are Award Consideration Documents.

The Solicitation Response must be submitted using one of the approved methods identified in Section 3.6, (Solicitation Response Submission and Delivery).

Below are the documents required to be…