ESBD_File_354886_696-PF-24-P019 DWI Solicitation.pdf

Texas Department of Criminal Justice Proposal Cover Page

This form requests basic information about the respondent and project and must be completed in its entirety, including the signature of the authorized representative.

SOLICITATION INFORMATION

1) Solicitation Number:

696-PF-24-P019

2) Issue Date: 3) Deadline: April 22, 2024

April 3, 2024 3:00 p.m. CT

4) Contract Specialists: Amanda Kramer (936) 437-3801 amanda.kramer@tdcj.texas.gov

(reference Section G.2.2) Janice Wooley (936) 437-3842 janice.wooley@tdcj.texas.gov

5) Type of

Solicitation: RFP-Request for Proposal

6) Solicitation Description

The TDCJ is seeking proposals for the operation and management of a Driving While Intoxicated (DWI) Recovery Program. The Contractor shall provide treatment services for male and female populations.

PROPOSAL SUBMITTAL

7) Receiving

Office:

TDCJ Contracts & Procurement, Contract Administration Branch 2 Financial Plaza, Suite 703, Huntsville, TX 77340

*All packages must be labeled with the solicitation number and Contract Specialists’ names. Reference Section L.7 for complete submittal instructions.

RESPONDENT INFORMATION

8) Legal Business Name:

9) Mailing Address Information (include mailing address, street, city, county, state and 9-digit zip code):

10) Payee Name and Mailing Address, including 9-digit zip code (if different from above)

(remittance address if not electing Direct Deposit):

11) Federal Tax ID No. (9-digit), State of Texas Comptroller Vendor ID Number (14-digit) or Social Security Number (9-digit):

12) Type of Entity (check all that apply):

HUB Certified

Corporation (incorporated under the laws of the State of _____________) Type: ______ M/F ___ Partnership Individual Non-Profit Organization* Joint Venture *If incorporated, provide 10-digit charter number assigned by Secretary of State:

If a Foreign Entity:

Individual Partnership Joint Venture Non-Profit Organization Corporation (registered for business in _________________) (country)

13) Prompt Payment Discount: _____ % _____Days or Net 30 (reference Section G.3 for additional information)

14) Amendments: Signed and submitted by the Respondent with Proposal or via email prior to the deadline.

RESPONDENT AUTHORITY AND SIGNATURE

15) Respondent Point of Contact Name: ______________________ Title: ________________________

Email address: ______________________________________________ Telephone #: _________________

16) Respondent Authorized Signature:

696-PF-24-P019

TABLE OF CONTENTS

Page

TABLE OF CONTENTS

SUMMARY OF KEY DATES

SECTION A – CONTRACT DEFINITIONS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired B.1.2 Pricing Instructions

B.2 PRICING SCHEDULE

B.3 ALLOWABLE COSTS

B.4 NON-ALLOWABLE COSTS

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

C.2 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES,

PROCEDURES AND LAWS

C.3 GENERAL DUTIES AND OBLIGATIONS

C.3.1 Specific Duties and Obligations C.3.2 Treatment Frequency Guidelines C.3.3 Continuum of Care

C.4 ASSESSMENT

C.5 RECOVERY ORIENTED SUPPORT GROUPS

C.6 INTAKE

C.7 STAFFING

C.8 TRAINING

C.9 CASELOAD RATIOS

C.10 RECORD KEEPING

C.11 INMATE RECORDS

C.12 INFORMATION TECHNOLOGY SERVICES

C.13 INMATE MONITORING

C.14 EMPLOYEE IDENTIFICATION CARDS

C.15 GRIEVANCE PROCEDURES

C.16 DISCIPLINARY PROCEDURES

C.17 DSHS REGISTRATION AND STAFF LICENSURE

C.18 HIV/AIDS

C.19 RISK MANAGEMENT

C.20 PRISON RAPE ELIMINATION ACT (PREA)

C.21 SELF-MONITORING

C.22 CONTRACTOR’S OPERATIONAL PLAN

SECTION D – RESERVED FOR FUTURE USE

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

E.2 INSPECTION OF FACILITIES

E.3 MONITORING CRITERIA

E.4 AUDITS BY OTHER AGENCIES

E.5 FRAUD, WASTE, OR ABUSE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT

F.3 OPTION TO EXTEND SERVICES

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, CONTRACT SPECIALIST,

PROGRAM SPECIALIST, AND PROGRAM DIRECTOR

G.2.1 Authorized Representative G.2.2 Contract Specialist G.2.3 TDCJ-PFCMOD Monitor G.2.4 Program Director

G.3 INVOICE REQUIREMENTS

G.4 PAYMENTS

G.4.1 Payment Adjustment G.4.2 Late Payment G.4.3 Deductions for Unacceptable Compliance Standards G.4.4 Withholding of Payment G.4.5 Right to Offset

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

H.1.1 Required Provisions

H.2 SUBCONTRACTORS

H.2.1 Insurance H.2.2 Historically Underutilized Business

H.3 TRANSITION

H.4 CRIMINAL HISTORY INFORMATION COMPLIANCE

H.5 OTHER CONFIDENTIAL OR SENSITIVE INFORMATION

H.6 BOOKS AND RECORDS

H.7 ORGANIZATIONAL AND NAME CHANGE

H.8 FREE EXERCISE OF RELIGION

H.9 DELAY OF SERVICES

H.10 SECURITY

SECTION I – CONTRACT CLAUSES

I.1 ADVERTISING OF AWARD

I.2 DEFAULT AND TERMINATION

I.2.1 Default by the Contractor I.2.2 Further Opportunity to Cure I.2.3 Remedy of the Department I.2.4 Termination for Convenience I.2.5 Termination by Mutual Agreement I.2.6 Termination Procedures I.2.7 Default by the Department I.2.8 Remedy of the Contractor

I.3 NO WAIVER OF RIGHTS

I.4 TAXES/WORKERS’ COMPENSATION/UNEMPLOYMENT INSURANCE – INCLUDING

INDEMNITY

I.5 NO WAIVER OF DEFENSES

I.6 INDEPENDENT CONTRACTOR

I.7 MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS

I.8 APPROVAL OF CONTRACT

I.9 NON-DISCRIMINATION

I.10 CONFIDENTIALITY

I.11 CONTRACT CHANGES

I.12 SEVERABILITY

I.13 IMMIGRATION

I.14 NO LIABILITY UPON TERMINATION

I.15 LIMITATION ON AUTHORITY

I.16 INTELLECTUAL PROPERTY INDEMNIFICATION

I.17 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, AS

REQUIRED BY TEXAS ADMINISTRATIVE CODE, TITLE 1, PART 10, CHAPTER

I.18 RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE

OWNERSHIP)

I.19 FORCE MAJEURE

I.20 NOTICES

I.21 SUBSTITUTIONS

SECTION J – LIST OF EXHIBITS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

RESPONDENTS

K.1 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REPRESENTATION

K.1.1 Definition

K.2 FRANCHISE TAX REPRESENTATION

K.3 REPRESENTATIONS OF THE RESPONDENT

K.3.1 Organization and Qualification K.3.2 Authorization K.3.3 No Violation of Agreements, Articles of Incorporation or Bylaws K.3.4 No Defaults Under Agreements K.3.5 Compliance with Laws K.3.6 No Litigation K.3.7 Taxes K.3.8 Financial Statements K.3.9 No Adverse Change K.3.10 Disclosure K.3.11 No Collusion K.3.12 Disclosure of Interested Parties K.3.13 Notification K.3.14 Deceptive Trade Practices; Unfair Business Practices

K.4 Representations of the Department K.4.1 Authorization K.4.2 No Violation of Agreements K.4.3 Disclosure

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO RESPONDENTS

L.1 RESERVED FOR FUTURE USE

L.2 AMENDMENTS TO SOLICITATIONS

L.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF PROPOSALS

L.4 SIGNATURES ON PROPOSALS SUBMITTED

L.5 PROPOSAL ACCEPTANCE

L.6 CONTRACT AWARD

L.7 RIGHTS OF THE DEPARTMENT

L.8 PROPOSAL PREPARATION INSTRUCTIONS

L.8.1 PROPOSAL SUBMISSION CHECKLIST

L.9 DISCUSSION AND CORRESPONDENCE

L.10 PRE-PROPOSAL CONFERENCE AND FACILITY TOURS

L.11 LEGISLATIVE BUDGET BOARD (LBB) POSTING

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 SELECTION PROCESS

M.2 MINIMUM QUALIFICATIONS

M.3 EVALUATION CRITERIA

M.3.1 Cost M.3.2 Program and Services M.3.3 Experience M.3.4 Financial Strength M.3.5 Past Performance M.3.6 Other Areas Evaluated

SUMMARY OF KEY DATES

April 3, 2024 Post to the ESBD

April 10, 2024 10:00 a.m. Pre-Proposal Conference at the Coleman Unit

April 10, 2024 10:00 a.m. Coleman Unit 1400 Industrial Blvd., Lockhart, TX 78644

April 11, 2024 10:00 a.m. Hamilton Unit 200 Lee Morrison Ln., Bryan, TX 77807

April 15, 2024 3:00 p.m. Deadline for Written Questions for Clarification to the Department

April 19, 2024 5:00 p.m. Deadline to Submit Responses to Clarification Questions to the Department

May 3, 2024 3:00 p.m. Deadline for the Department Receipt of Proposals in Huntsville. Late Offers will not be accepted.

September 1, 2025 Service Commencement Date

696-PF-24-P019 Section A

SECTION A – CONTRACT DEFINITIONS

The following terms used in the Contract shall, unless the context indicates otherwise, have the meanings set forth below:

AA/NA means Alcoholics Anonymous/Narcotics Anonymous.

Additional Services means Additional Services required to be furnished by the Contractor pursuant to changes in Department and Texas Board of Criminal Justice (TBCJ) policies from those in effect as of the date of the Contract, which changes are not required by changes in laws, government regulations, or Court Orders generally applicable to the Department, and which changes cause an increase in the cost of operating and managing the Program.

Assessment(s) means the Addiction Severity Index (ASI) and other approved evaluation instruments to determine treatment and mental health needs.

Authorized Representative means the person designated in writing to act for and on behalf of a party of the Contract.

Average Daily Salary shall be as set forth in Exhibit J.3, Compliance Standards, Attachment A, Average Daily Salary Schedule.

Biennium means any of the two-year periods beginning on September 1st and ending on August 31st of odd numbered years, which periods are used for budgetary purposes by the State of Texas.

Certified Criminal Justice Addictions Professional (CCJP) means a professional active in criminal justice and who also works in and around the field of substance abuse.

Certified Criminal Justice Addictions Professional - Applicant (CCJP-A) means an applicant status credential for those professionals active in criminal justice who are working toward obtaining the CCJP. A CCJP-A may be issued to an individual who has met the educational and practicum requirements for the CCJP but has not yet passed the exam and may still be working on direct service/work experience hours. A CCJP-A is issued for a period of five years in which time requirements must be met and a written exam must be passed.

Certified Program Instructor means a person who has successfully completed the applicable administrator/instructor Inmate education training program approved by the Department of State Health Services (DSHS).

Clinical Groups mean groups that are designed to process curriculum assignments and provide an opportunity for Inmates to process what they discover outside the treatment setting and shall allow Inmates to help each other resolve problems as a group and work through obstacles.

Co-Occurring Disorders (COD) mean co-occurring mental illness and substance abuse disorders.

Cognitive Behavior Program means a process whereby Inmates are taught to identify the way they think (cognitive) and the way that they act (behavior) that leads to problems and to restructure their core beliefs involved.

Cognitive Intervention means a process whereby Inmates are taught to identify their habits of thinking that lead to problems and to restructure the core beliefs involved.

Community Supervision means the supervised release of a convicted defendant by a court with conditions imposed for a specific period during which the imposition of a sentence is suspended. Previously known as Adult Probation.

Community Supervision and Corrections Department (CSCD) means a county agency that oversees Inmates that are placed on Community Supervision by the courts.

Community Supervision Officer (CSO) means an officer that supervises Inmates placed on Community Supervision by the courts.

Compliance Standards means Contract requirements that have specific and clearly defined recoupment strategies to ensure that the Department does not pay for Services that are not received.

Comprehensive Assessment Plan (CAP) means a plan developed by the Contractor based on the severity and characteristics of the Inmate’s needs as determined by a battery of Assessments, treatment, clinical interviews, and collateral information.

Continuum of Care Service Plan means the Inmate plan and procedure to be implemented for the continued recovery of such Inmate following his or her release from the program, which shall be developed by the Contractor in conjunction with the Transition Team during the transition evaluation.

Contract Specialist means the Department employee responsible for non-technical administration of the Contract.

Contract Term means the duration of the Contract as specified in Section F.1.

Contractor means the individual, partnership, or corporation who performs Services under the Contract.

Counselor means a qualified and credentialed person who renders chemical dependency counseling or chemical dependency counseling-related Services to an individual, group, organization, corporation, institution, or the public for compensation.

Counselor Intern (CI) means a person pursuing a course of study in chemical dependency counseling and who is authorized to provide chemical dependency counseling, under supervision of a Licensed Chemical Dependency Counselor or a Qualified Professional, at a Clinical Training Institution.

Court Orders means any orders or judgments issued by a court of competent jurisdiction and any stipulations, agreements, conditions of Community Supervision, or plans entered in connection with litigation that are applicable to the operation, management, and maintenance of the Program and relate to the custodial care of Inmates. For purposes of the Contract, this term includes such orders, judgments, stipulations, agreements, or plans applicable to the Department.

Day(s) means calendar Day(s).

Department means the Texas Department of Criminal Justice (TDCJ).

Department Policy/Policies means all written policies, procedures, standards, guidelines, directives, and manuals of the TBCJ and the Department, applicable to providing the Services specified under the Contract.

Discharge Plan means a document developed to address ongoing Inmate needs, including individual goals or activities to sustain recovery, referrals, and recovery maintenance services.

Discharge Summary means the document developed for each Inmate within 30 Days prior to their scheduled discharge that includes the following: dates of admission and discharge;

needs and problems identified at the time of admission, during treatment and at discharge;

Services provided; Assessment of the Inmate's progress towards goals; reason for discharge;

and referrals and recommendations, including arrangements, for recovery maintenance.

DPS means the Texas Department of Public Safety.

DSHS means the Texas Department of State Health Services.

DSM means the Diagnostic and Statistical Manual of Mental Disorders as presently constituted or hereafter amended, published by the American Psychiatric Association.

DWI means Driving While Intoxicated.

DWI Recovery Program means a program for Inmates charged with DWI related offenses that meet the criteria established by the Department.

DWI Recovery Program Operations Manual means the manual used to describe the kinds of Inmates who are appropriate for the DWI Recovery Program offered by the Texas Department of Criminal Justice (TDCJ) and managed by the Texas Department of Criminal Justice – Rehabilitations Programs Division (TDCJ-RPD) Administration, how to enroll an Inmate into the program, management of Inmates while in the program, and the Continuum of Care for appropriate Inmates.

Event of Default means any of the events or circumstances described in Section I.2.

Facility means the Facility where Services under the Contract are to be performed.

Filled Date means the employee's first Day on the job following the completion of specified required training, receipt of appropriate documentation, and a satisfactory criminal background clearance or Department approval letter.

Fiscal Year (FY) means any of the one-year periods beginning September 1st and ending August 31st, which periods are used for annual budgetary purposes by the State of Texas.

HPRU means Huntsville Placement and Release Unit.

Individual Treatment Plan (ITP) means a plan devised by the Contractor for each Inmate that is based on the Intake Evaluation, screening, and Assessment, and identifies the goals and objectives to be accomplished by the Inmate while in treatment.

Inmate means a person under supervision or custody of the Department.

Inmate Treatment Records means records maintained by treatment program staff on Inmates participating in Substance Abuse Treatment Programs, to include screenings, Assessments, ITPs, treatment progress notes, interventions, reentry plans, and any documents that refers to Inmate’s treatment.

Intake Evaluation means an Assessment performed by the Contractor for each Inmate upon his/her entry into the program to determine the level of Services to be provided.

Licensed Chemical Dependency Counselor (LCDC) means a person licensed to provide chemical dependency counseling services involving the application of the principles, methods, and procedures of the chemical dependency profession.

Licensed Chemical Dependency Counselor-Intern (LCDC-I) means a person pursuing a course of study in chemical dependency counseling and who is authorized to provide chemical dependency counseling, under supervision of a LCDC or a Qualified Professional.

Material Failure means the failure of a party to fulfill one or more obligations essential to achieving the purpose of the Contract.

Monthly Contractor Payment means the mathematical product of the Contractor’s Per Diem Rate multiplied by the number of Inmates for Services performed during the billing month, prior to any adjustments.

Monthly Invoice means the Contractor's invoice based on the Contractor’s Per Diem Rate yielding the Monthly Contractor Payment to be made by the Department.

Monthly Position Control Number (PCN) Listing means a report (Exhibit J.9) that corresponds to the position titles and numbers of positions identified on the Contractor's approved Staffing Plan (Exhibit J.1).

Monthly Position Vacancy Report (PVR) means a report providing detailed information as to when a position is vacant, filled, or the person in a position is out on temporary leave (Exhibit J.8).

Multimodal Curriculum means a variety of didactic and therapeutic options available to address the individual needs of program participants according to the severity and needs identified in the Comprehensive Assessment.

Non-Appropriation means failure by the Texas Legislature, as part of its budgetary process, to appropriate money to be used for the Payments due hereunder.

Operational Plan means a detailed plan developed by the Contractor, to include, but not be limited to, policies, plans, standards, and procedures, to be utilized to ensure adherence to the Contract.

Parole means the discretionary and conditional release of an eligible Inmate sentenced to the Texas Department of Criminal Justice - Correctional Institutions Division (TDCJ-CID) so that the Inmate may serve the remainder of his or her sentence under the supervision of the Texas Department of Criminal Justice - Parole Division (TDCJ-PD).

Parole Modification means an official revision to the conditions of an Inmate's Parole.

Payment(s) means the amount(s) agreed to be paid by the Department to the Contractor for Services provided under the Contract.

PD means the Department’s Personnel Directives.

PD/POP means the Parole Division/Policy and Operating Procedures.

Peer Recovery Support Specialist (P-RSS) means the occupational title for a trained, self-identified peer of the individual seeking support, who can engage with peers in a community-based recovery center or outside it around any number of activities. The P-RSS works with individuals as they develop and implement a personal recovery plan which can also serve as a contract for engagement.

Peer Reflection Meeting means groups that are conducted to continue the process of developing an Inmate's socialization skills and shall be utilized to address any issues that may arise among the participants.

Per Diem Rate means the Contractor’s daily rate for Services, as set forth in Section B.2.

Phase means the concrete program stages distinguished by the attainment of specific goals with the therapeutic approach.

Position Vacancy means a position in which there is no qualified, trained incumbent.

Positions requiring certification, licensure, or registration are considered vacant if the person in that position does not possess the appropriate certification, licensure, or registration. A position becomes vacant when the incumbent is removed from the payroll, either temporarily or permanently, regardless of leave status, with the exception of Family Medical Leave (FML), Administrative Leave, Military Leave, or Workers’ Compensation. A vacant position occurs when an employee resigns, has been terminated, is reassigned to another position and/or facility, or is off the payroll after exhausting all accrued leave, with the exception of FML, Administrative Leave, Military Leave, or Workers’ Compensation. Similarly, positions are considered vacant if the individual in that position does not meet and maintain the criteria for employment as outlined in the Contract and in PD-17 (Drug-Free Workplace), PD-73 (Selection Criteria for Correctional Officer Applicants), and PD-75 (Applicants with Pending Criminal Charges or Prior Criminal Convictions). A Position Vacancy does not occur when an employee is temporarily out or absent due to vacation, sick leave, or other temporary leave condition. Such other temporary leave conditions shall include employee participation in management and professional conferences or In-Service Training, so long as such other temporary leave does not exceed a period greater than two weeks in duration.

PREA means the Prison Rape Elimination Act of 2003.

Program Budget means the budget that reflects all resources necessary to perform contracted activities.

Program Capacity means the maximum number of Inmates authorized by the Department to be placed in the program.

Program Director means the person designated by the Contractor responsible for delivering Services to the Inmates.

Qualified Credentialed Counselor (QCC) means an LCDC or professional as defined in the DSHS licensure rules.

Qualified Professional means a person who is an LCDC, LCDC-I, CCJP, CCJP-A, Licensed Master Social Worker (LMSW), Licensed Professional Counselor (LPC), licensed physician, or Licensed Psychological Associate (LPA).

Quarter(ly) means the period that relates to the Department’s Fiscal Year, with Quarters beginning September 1st, December 1st, March 1st, and June 1st.

Recovery Oriented Support Groups means the special groups of people who meet to give and receive emotional and practical support and to exchange information related to recovery from substance abuse or addiction. The Department-recognized organizations include, but are not limited to, Winner’s Circle, Secular Organizations for Sobriety (SOS), 12-Step groups, and faith-based groups. Inmate participation and attendance will be strongly encouraged but is not mandatory.

Recovery Support Services (RSS) means non-clinical Services that assist individuals and families to recover from alcohol or drug problems. They include social support, linkage to and coordination among allied service providers, and a full range of human services that facilitate recovery and wellness contributing to an improved quality of life. These Services can be flexibly staged and may be provided prior to, during and after treatment.

Reentry means a three-phased Reentry program designed to prepare Inmates for a successful return to the community after release from TDCJ.

Rehabilitation Treatment Services means delivery of chemical dependency treatment programs in accordance with the terms and conditions of the Contract.

Relapse Prevention Plan means a written plan that is usually completed by the Inmate prior to his/her discharge. A Relapse Prevention Plan will contain the Inmate’s personal relapse warning signs, triggers, and high-risk situations; with identified interventions to prevent his or her relapse and shall be developed within 45 Days prior to the completion of the reentry phase of the program.

Relapse Track means a four-to-six-month program designed for substance abuse Inmates who have failed to abstain from alcohol and drug use.

Respondent means an individual or entity that submits an offer, including anyone acting on behalf of the individual or entity that submits an offer, such as an agent, employee, and representative.

SACP means Substance Abuse Counseling Program.

SATP means Substance Abuse Treatment Program.

SAFPF means Substance Abuse Felony Punishment Facility.

Service Commencement Date means the date on which the Contractor shall begin providing Services at the Facility pursuant to the Contract.

Service(s) means delivery of requirements in accordance with the terms and conditions of the Contract.

Special Needs Inmate means an Inmate who requires additional treatment services, oversight, and monitoring because of being physically or mentally impaired, including those who have received a co-occurring diagnosis.

Substance Abuse Master Plan Information Management System (SAMPIMS) means the software program that is available on the Department’s Micro Focus application.

SUTOM means the Substance Use Treatment Operations Manual.

TBCJ means the Texas Board of Criminal Justice.

TDCJ-CID means the Texas Department of Criminal Justice-Correctional Institutions Division.

TDCJ-CJAD means the Texas Department of Criminal Justice-Community Justice Assistance Division.

TDCJ-PD means the Texas Department of Criminal Justice-Parole Division.

TDCJ-PFCMOD means the Texas Department of Criminal Justice-Private Facility Contract Monitoring/Oversight Division.

TDCJ-PFCMOD Monitor means the Department employee responsible for the technical details within the scope of the Contract.

TDCJ-RPD means the Texas Department of Criminal Justice-Rehabilitation Programs Division.

Transition Team means an Inmate and the Treatment Team, including the Facility Transitional Coordinator, acting together with either the CSO or the Parole Officer as applicable, with respect to any Inmate.

Transitional Coordinator means a person designated by the Contractor to act together with the CSO or Parole Officer on Treatment Teams and to organize and coordinate Inmate release and placement.

Transitional Treatment Center (TTC) means the facility which provides residential Services to Inmates on Community Supervision, Parole, or mandatory supervision pursuant to the Texas Code of Criminal Procedure, Section 42A.303, Substance Abuse Felony Program, and Texas Government Code, Section 493.009, and Chapter 508.

Treatment Team means a team that primarily consists of the Inmate, Qualified Professional(s), Intern(s), Department staff, and the Inmate’s significant other, as well as other persons with a vested interest in the Inmate’s recovery.

Upper-Level Management (ULM) means those top two individuals who are responsible for the administration of the Services provided under the Contract and identified as such on the Staffing Plan (Exhibit J.1).

Working Day(s) means a weekday, unless a nationally recognized holiday or other holidays observed by the Agency.

696-PF-24-P019 Section B

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired

The Contractor shall, in accordance with the terms of the Contract, provide all necessary personnel, equipment, materials, supplies, and Services (except as may be furnished by the Department as specifically identified within the Contact) and otherwise do all things necessary for, or incidental to, the operation and management of a Driving While Intoxicated (DWI) Recovery Program at the following locations in Texas:

Facility Location Capacity Inmate Type Coleman Lockhart 100 Female Hamilton Bryan 400 Male

The Contractor may submit an offer for one or more Facilities. Section L will provide instructions for the requirements of submitting an offer for more than one Facility.

B.1.2 Pricing Instructions

A. In Volume 3 of the proposal, the Respondent shall include the Pricing Schedule, Budget Justification Forms, and a detailed budget and budget narrative for the operation and management of the program(s), to include all costs of providing the Services required in Section C.

B. Section B.2, Pricing Schedule, shall be completed for each Facility being offered and incorporate the Per Diem Rates established in the Budget Justification Forms (Exhibit J.1).

C. Upon request, the Contract Specialist can provide Exhibit J.1 in Microsoft® Excel format.

696-PF-24-P019 Section B

B.2 PRICING SCHEDULE

Offeror Name:

Gregory S. Coleman Unit (100 Female) Per Diem Rate

Base Period, Year One (09/01/25 – 08/31/26) $

Base Period, Year Two (09/01/26 – 08/31/27) $

Option Period, Year One (09/01/27 – 08/31/28) $

Option Period, Year Two (09/01/28 – 08/31/29) $

J.W. Hamilton Unit (400 Male) Per Diem Rate

Base Period, Year One (09/01/25 – 08/31/26) $

Base Period, Year Two (09/01/26 – 08/31/27) $

Option Period, Year One (09/01/27 – 08/31/28) $

Option Period, Year Two (09/01/28 – 08/31/29) $

B.3 ALLOWABLE COSTS

The proposed budget shall include only costs that are reasonable, necessary, and allowable under state statutes, Department Policy, and federal cost standards. The Department shall make the final decision on the allowance or acceptability of a cost.

B.4 NON-ALLOWABLE COSTS

The proposed budget shall not include costs that are not allowed by the State or any authorized agency, statute, policy, or procedure. Types of non-allowable costs may include, but are not limited to, alcoholic beverages, bad debts, fundraising, political lobbying, and tobacco products.

696-PF-24-P019 Section C

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

A. The Department requires the operation and management of a Driving While Intoxicated (DWI) Recovery Program. The Contractor shall provide treatment services for male and female populations.

B. The Department is authorized under Texas Government Code, Sections 493.009 and 501.0931, to Contract with a private vendor for the operation and management of these programs. The Department is responsible for the operation of the Facility.

C. Eligible DWI Inmates are provided a DWI-specific course of treatment for an average period of six months, with the provisions of a Comprehensive Assessment Plan (CAP) to be submitted to the Department. Eligible DWI participants are defined in Texas Code of Criminal Procedure, Chapter 42A, and Texas Government Code, Sections

493.009 and 501.0931.

C.2 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES,

PROCEDURES AND LAWS

A. The Contractor shall provide the Services to the Department that are in compliance with applicable local, state and federal laws, and Court Ordered requirements, whether now in effect or hereafter effected or implemented; all relevant federal and state financial cost principles and audit requirements; and any and all rules, policies, and procedures established by the Department and the TBCJ.

B. The Contractor shall not deviate from applicable Department Policies and procedures in the provision of Services without the prior written approval of the TDCJ-PFCMOD Director or designee.

C. The Department shall notify the Contractor of all changes in, or additions to, such Policies and procedures, after which time the Contractor shall comply with the Policies and procedures contained therein, unless the TDCJ-PFCMOD Director or designee approves in writing a deviation from such Policies and procedures.

D. The Contractor’s written requests for deviations from said Policies shall originate from the Contractor’s Authorized Representative and be forwarded to the TDCJ-PFCMOD Director or designee. The requests shall specify the deviation, with justification, and reference the Policy number/procedure, section, paragraph, etc. Unless a deviation from the Contractor is specifically requested and approved in writing by the TDCJ- PFCMOD, the Contractor shall comply with Department Policies and procedures. A Contact award shall not imply approval of a Policy/procedure deviation. Any deviation previously granted by the Department under a separate or previous contract does not apply to the Contract.

E. When differences between applicable standards exist, the higher standard, as defined by the Department, will prevail. The specified requirements and standards will serve as the benchmark for monitoring program operations and management.

C.3 GENERAL DUTIES AND OBLIGATIONS

A. DWI Inmates represent a diverse population possessing a wide range of characteristics. To illustrate this point, three basic categories of DWI Inmates as defined in nationally recognized professional treatment literature include the risky driver who drinks, the problem drinker who drives, and the traditional substance dependent individual who may also engage in a variety of criminal activity but is currently convicted of DWI.

B. Individual differences within each of these categories compound the complexity of needs the DWI Inmate population represents. To adequately address the scope of needs within the DWI Recovery Program, the best practice approach recommends a multimodal design that will accommodate the diversity of needs presented in the population to maximize the potential of success for each Inmate.

C. The DWI Recovery Program shall contain a variety of educational modules and treatment activities to include group and individual therapy. A Comprehensive Treatment Plan (CTP) shall be developed for each Inmate based on the results of an evaluation battery designed to assess Inmate needs and risk associated with recidivism. A schedule of appropriate interventions will be included in the plan. Also, a system of well-defined goals and procedures will be developed for each treatment protocol so efficacy measures can be obtained. The Contractor shall also establish a system of rewards and sanctions for Inmates participating in the program within the current security system and rules of the Department.

C.3.1 Specific Duties and Obligations

A. The Contractor shall provide a six-month DWI Recovery Program to Inmates assigned by the Department or voted by the Board of Pardons and Paroles (BPP). Services shall consist of the following:

1. A Comprehensive Assessment from a battery of valid measurement tools to assess the recovery needs and the re-offense risk of DWI Inmates.

2. A Comprehensive Treatment Plan (CTP) shall be developed based on the severity and characteristics of the Inmate as determined by the Comprehensive Assessment, review of collateral information, and the clinical interview.

3. Orientation - educate and prepare the Inmate for treatment, helping them become familiar with the different concepts of the program.

4. Relapse and Reintegration - preparing the Inmate for reentry back into the community by assisting the Inmate in identifying community resources that will support their recovery efforts.

5. Cognitive Restructuring - conduct activities to assist the Inmate in restructuring their thought processes that may affect their criminal or maladaptive behaviors.

6. DWI Intervention - programmatic activities provided in accordance with Texas Department of State Health Services (DSHS) standards to intervene in the alcohol/drug abusing lifestyles of the Inmates, as well as prevent further substance abuse related problems. This component of the program is recognized for driver's license replacement and must be completed by a Certified Program Instructor.

7. Life Skills Training - participating in sessions designed to teach and practice complex life skills such as assertiveness, anger management, goal setting, managing criminality, and changing thinking errors.

B. The Contractor is responsible for the purchase and utilization of the curriculum listed below, which shall be presented through didactic skills training and the therapeutic group process:

1. “Living in Balance Series” by Hazelden Publishing:

a. Core Program Sessions 1 – 12;

b. Recovery Management Sessions 13 – 37; and

c. Co-occurring Sessions 38 – 47;

2. “Thinking for a Change” by Jack Bush, Barry Glick, and Juliana Taymans.

3. “Residential Drug Abuse Program (RDAP)” by The Changes Companies (male version):

a. Community (Item #NRM01);

b. Opportunity to Change (Item #NRM02);

c. The ABCs of Thinking (Item #NRM03);

d. Rational Self-Counseling (Item #NRM04);

e. Challenging Thinking (Item #NRM05);

f. Prosocial Lifestyle (Item #NRM06);

g. Connecting with Others (Item #NRM07);

h. Strategies for Success (Item #NRM08);

i. Moving Forward (Item #NRM09); and

j. Complete set of participate journals (Item #NRM0C).

4. “Flex Module Series” by The Changes Companies:

a. Complete set of facilitator guides (Item #FNDC);

b. Why Am I Here? (Item #ND1);

c. Alcohol, Drugs, Driving, and You (Item #ND2);

d. Use, Misuse, and Problem Use (Item #ND3);

e. Feelings and Behavior (Item #ND4);

f. Change vs. Consequences (Item #ND5); and

g. My Personal Change Plan (Item #ND6);

C. The Contractor shall ensure a CAP, utilizing the forms approved by the TDCJ-RPD, shall be developed and provided to the Inmate within 30 Days prior to completion of the program to reflect the evaluation results together with comments about the Inmate's level of participation and quality of completion in the DWI Recovery Program.

D. The Contractor shall establish a system of documentation and storage of data to ensure that relevant data is available to monitor Inmate progress and program efficacy over time. Other statistical records shall be maintained as required by law or as may be in generally accepted use for similar programs. The Contractor shall enter each Inmate’s data into the Department’s Micro Focus application within three Working Days of the activity in accordance with the DWI Recovery Program Operations Manual.

E. Upon completion of the program, copies of the CAP and Individual Progress Summary shall be sent to the BPP for consideration.

C.3.2 Treatment Frequency Guidelines

A. The Contractor shall provide a comprehensive treatment schedule that demonstrates a minimum of a combination of no less than 20 hours per week of staff-provided treatment per Inmate. Staff shall be present and shall actively participate in each session of required treatment unless exempted by the Department.

B. The Contractor shall provide Services for the DWI Intervention Program within the frequency guidelines as outlined in DSHS standards.

C. In addition to the required 20 hours, the Contractor shall provide the following;

1. Treatment planning, family education, volunteer coordination, recovery literature libraries, time and space for open meetings, study groups, and sponsorship sessions.

2. Individual Counseling Sessions - minimum of one time per month and as needed for crisis management.

D. The Contractor shall submit a treatment schedule, for the upcoming year, in writing, to the TDCJ-PFCMOD no later than August 1st of the current Fiscal Year (FY) and each FY thereafter. Any changes to the treatment schedule shall be approved, in writing, by the TDCJ-PFCMOD before implementation.

C.3.3 Continuum of Care

The Contractor shall provide a copy of the CAP to the Parole Officer to be included in the Parole Case Summary to facilitate the continuum of care process.

A. In the event the Inmate transitions from the DWI Recovery Program to general population, treatment staff shall assist the Inmate in recommending available Department resources to address his or her ongoing needs during the remainder of the Inmate’s incarceration.

B. In the event the Inmate transitions from the DWI Recovery Program to the community, treatment staff shall assist the Inmate in recommending available community resources. The CAP and the Individual Progress Summary shall be made available to Parole Officers, the Inmate, and other community agency resources upon release of the individual to the community.

C. The treatment staff shall ensure that a release of information form is signed by each Inmate.

C.4 ASSESSMENT

The Contractor shall administer a Comprehensive Assessment using forms approved by the TDCJ-RPD within five Working Days from date of entry into the program to assess the recovery needs and re-offense risk of DWI Inmates. Individual Treatment Plan (ITP) shall be developed reflecting the needs of Inmate identified in the Comprehensive Assessment.

Additional Assessment instruments shall be approved by the TDCJ-RPD.

C.5 RECOVERY ORIENTED SUPPORT GROUPS

The Contractor shall make available to all Inmates Recovery Oriented Support Groups, i.e., Winner’s Circle, Secular Organizations for Sobriety (SOS), and Twelve-Step groups, throughout all Stages of treatment. Staff will provide volunteer coordination, recovery literature libraries, time and space for open meetings, study groups and sponsorship sessions. Recovery Oriented Support Groups share basic dynamics such as interpersonal responsibility and can effectively complement each other. Staff will ensure that the traditions and principles of AA/NA are respected. Inmate participation shall be strongly encouraged. If required by the Court, Inmate participation and attendance is mandatory.

Inmates shall receive a minimum of ten hours of training in the domains of Advocacy, Mentoring/Education, and Recovery Support prior to leading Recovery Oriented Support Groups.

C.6 INTAKE

In performing the Intake Evaluation, the information the Contractor utilizes shall include, but not be limited to, information received from Inmate interviews and available documentation. The program intake process shall include, but is not limited to:

A. ITP and/or CTP completed and updated in accordance with the SUTOM within 10

Working Days from date of entry;

B. Grievance procedures;

C. Disciplinary procedures; and

D. HIV/AIDS education.

C.7 STAFFING

A. Staffing, based on Inmate population, shall include specific provisions to maintain required caseloads and levels of Services during periods of vacation, sick leave, and other absences.

B. The Contractor’s positions shall, at all times, be staffed with qualified, trained employees in accordance with the format in the Staffing Plan (Exhibit J.1).

C. The Contractor shall provide job descriptions for specific positions identified on the Staffing Plan (Exhibit J.1), inclusive of minimum education requirements (the absolute minimum for the Department’s education qualification is a high school diploma or General Education Diploma (GED), either of which shall be from an accredited high school or equivalent that is acceptable to the Department), minimum experience requirements, job duties, and full-time or part-time designation. Job descriptions must include the same minimum qualifications as the TDCJ position equivalency, as described in the TDCJ Job Description Minimum Qualifications (Exhibit J.6).

D. The Contractor shall provide an Organizational Chart (that will become Exhibit J.5), indicating the lines of supervision for all staff positions identified in the Staffing Plan (Exhibit J.1).

E. A pre-employment criminal background check shall be completed by the Department for each applicant (including consultants, independent contractors and their employees, agents, and volunteer workers) within 30 Days prior to being assigned by the Contractor to the Facility. A request for additional time may be submitted for approval.

1. The results of the criminal background checks must be acceptable to the

Department and shall be maintained on file at the Facility. Applicants with a misdemeanor or felony conviction that meet the eligibility requirements of Personnel Directive (PD) PD-75 (Applicants with Pending Criminal Charges or Prior Criminal Convictions) must obtain the TDCJ-PFCMOD’s written approval for employment prior to having contact with Department Inmates.

2. The Contractor shall be responsible for any fees charged by the Texas Department of Public Safety (DPS) to the Department for these criminal background checks, as well as any additional charges by the DPS for any resubmission requests due to unreadable fingerprints. These fees shall be processed in accordance with the format and frequency as determined by the TDCJ-PFCMOD.

F. The Contractor shall have written policies and procedures in the Contractor’s

Operational Plan regarding an employee random drug testing program.

G. The Contractor shall maintain, in each personnel file, all relevant documentation, to include, but not be limited to, background investigation reports, a copy of the Department’s PE-1, PE-2, and/or approval/denial letter from TDCJ-PFCMOD, HIV/AIDS education/training completion, signed job description, Upper-Level

Management (ULM) approval (as applicable), and the results of the pre-employment drug test.

H. The Contractor shall have prior written approval from the TDCJ-PFCMOD for ULM personnel, as identified on the Staffing Plan (Exhibit J.1). Additionally, the Contractor shall notify TDCJ-PFCMOD for all ULM absences of more than 72 hours, to include the designee in charge for the duration of the absence.

I. The Contractor shall not, without prior approval by the TDCJ, hire at the same Facility an employee related to another employee of the Contractor within the third degree by consanguinity (blood) or within the second degree by affinity (marriage). For the purpose of this provision, an adopted child is considered a child of the adoptive parent(s), and marriage includes documented ceremonial marriage and informal (common-law ) marriage.

J. All volunteers shall submit a Volunteer Application

(https://www.tdcj.texas.gov/divisions/rpd/volunteer.html) and shall be approved by the TDCJ-RPD prior to providing any Services.

K. The Contractor shall have written policies and procedures in the Contractor’s Operational Plan regarding an Affirmative Action Plan, which outlines Equal Employment Opportunity (EEO) compliance and strategies used to meet the goals outlined in the Affirmative Action Plan. The Affirmative Action Plan shall be provided to all employees.

L. The Contractor is responsible for the conduct and behavior of all persons employed or assigned to perform Contract duties (including consultants, contractors and their employees, agents, and volunteer workers) and shall ensure the Department Policies regarding management and treatment of Inmates, including PD-29 (Sexual Misconduct with Inmates), are followed. Should a violation occur, the Contractor shall take immediate corrective action acceptable to the Department.

1. The Contractor shall notify the TDCJ-PFCMOD Director, in writing, within the first

48 hours of any employee investigation.

2. The Contractor shall immediately notify the TDCJ-PFCMOD, in writing, of employees who resign while under investigation for inappropriate conduct related to Inmate management and for violations of policies.

3. The Contractor shall notify the TDCJ-PFMCOD Director, in writing, the outcome of the investigation within 48 hours of concluding the employee investigation.

4. The Contractor shall immediately notify the TDCJ-PFCMOD, in writing, of any employee who has been convicted, arrested, indicted, or charged with a criminal offense. Such employee shall not be permitted to return to duty until authorized, in writing, by the TDCJ-PFCMOD. A copy of such written authorization shall be maintained in the employee’s personnel file.

5. The Contractor shall comply with PD-04 (Data Use and Non-Disclosure

Agreement).

M. A Position Vacancy, as defined in Section A, Contract Definitions, may occur in staff positions required by the Staffing Plan (Exhibit J.1). It is the policy of the Department that the Contractor will ensure that any position shall be filled by a qualified employee having a verifiable Filled Date, as defined in Section A, Contract Definitions, within 120 Days of the vacancy occurring.

1. If any position remains vacant for more than 120 Days, the Monthly Contractor

Payment shall be reduced by an Average Daily Salary, as defined in Exhibit J.3, Attachment A, Average Daily Salary Schedule, starting on the 121st Day from the position being vacant.

2. If it is determined by the Department monitoring staff that a Service has not been provided while the incumbent has been out on leave, to include, but not be limited to, Family Medical Leave (FML), Workers’ Compensation, Military Leave, or Administrative Leave, the Average Daily Salary for that position will be deducted for the period for which the Service was not provided.

a. A position is vacant, regardless of whether the Service is being provided, when:

i. The incumbent remains on FML or Workers’ Compensation status more than 12 weeks.

ii. The incumbent, on Military Leave status, exhausts all paid leave and is placed in a leave-without-pay status or separated from employment.

iii. The incumbent remains on Administrative Leave more than 14 Days.

b. A current annual criminal background check which meets continued employment eligibility in compliance with PD-75 (Applicants with Pending Criminal Charges or Prior Criminal Convictions), is required before the return of an employee described above.

c. In the event the employee was terminated from the Contractor’s payroll, a pre-employment criminal background check that meets employment eligibility criteria in PD-75 (Applicants with Pending Criminal Charges or Prior Criminal Convictions) is required prior to the incumbent returning to work.

N. If the Contractor transfers any employees, regardless of rank, title, or position, to another position, from any location under contract with the Department to another location under contract with the Department, notification of this transfer must be made to the TDCJ-PFCMOD by so indicating “transfer” on the Monthly Position Vacancy Report (PVR) (Exhibit J.8). In addition, at the Department’s request, the Contractor shall provide the name of the employee, location of transfer, all pending investigations and disciplinary actions, and previous disciplinary actions.

O. The Temporary Reassignment of staff to other locations operated by the Contractor shall be subject to the following provisions:

1. Temporary Reassignment of staff for any reason other than emergency situations shall have prior written approval from the TDCJ-PFCMOD Director or designee before reassignment.