Exhibit C, DFPS Vendor Supplemental and Special Conditions.pdf
PDF 98 KB Posted
- Attached to
- Child Protective Post Adoption Services
- Solicitation number
- HHS0016376
- Issued by
- Texas
About this file
This document is an Exhibit C containing Supplemental and Special Conditions for vendor contracts with the Texas Department of Family and Protective Services (DFPS) under RFP No. HHS0016376. The Supplemental Conditions section permits budget transfers between contract categories up to 10 percent of the total contract amount without requiring a formal amendment, provided the transfers do not increase the overall contract value and receive written approval from DFPS. The Special Conditions establish remedies available to DFPS for contractor noncompliance, including the issuance of Corrective Action Plans (CAPs) requiring written responses within specified timeframes, suspension or removal of contract components, and the right to require removal of contractor staff or prohibit direct contact with DFPS-referred clients and client records. Additionally, contractors must adhere to federal payment requirements under Title IV-E and TANF funding, with invoices and amended invoices subject to a seven-quarter submission deadline following expense quarter closure to ensure compliance with the two-year federal financial participation window established in 45 Code of Federal Regulations Section 95.1.
The payment provisions establish strict timelines for federal reimbursement claims, with DFPS processing invoices submitted later than seven quarters after the expense quarter only when federal submission can occur within regulatory timeframes. These conditions apply to the Child Protective Post Adoption Services contract, which provides comprehensive services across eleven DFPS administrative regions with historical annual compensation of approximately $5,946,840 and potential additional funding of up to $1.2 million per fiscal year pending legislative appropriation. The contract operates on a cost-reimbursement basis with no guaranteed volume, contingent upon legislative appropriations, with an initial four-year term beginning September 2026 and potential one-year extensions.
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Text version
RFP No. HHS0016376 Exhibit C
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
VENDOR REGIONAL CONTRACTS SUPPLEMENTAL AND SPECIAL CONDITIONS
REGIONAL CONTRACTS VENDOR SUPPLEMENTAL AND SPECIAL
CONDITIONS
SECTION I
SUPPLEMENTAL CONDITIONS
The following Vendor Supplemental Conditions modify the DFPS Vendor Uniform Terms and Conditions.
A. Section V. AMENDMENT is modified by adding Subsection C.
1. BUDGET TRANSFER.
a. This Contract may be modified to allow for transfer of funds between the Contract’s Budget Categories up to 10% of the total of amount of the Contract.
b. If the total amount of these transfers exceed 10% of the total amount of this Contract, then a Bilateral Amendment as provided for in Subsection A above is required.
c. These transfers cannot increase the total amount of this Contract.
d. A request and approval for this Budget Transfer under this Subsection must be in writing and delivered to the other Party’s Contract Manager and after DFPS’ approval is received, will amend this Contract effective on the date determined by DFPS.
SECTION II
SPECIAL CONDITIONS
In addition to the DFPS Vendor Uniform Terms and Conditions, the Contractor agrees to comply with the following DFPS Vendor Special Conditions.
A. REMEDIES.
In addition to any other remedy provided under this Contract or state or federal law, DFPS may impose the following.
1. Corrective Action Plan (CAP). DFPS will provide the Contractor with a CAP that identifies areas of noncompliance, poor performance, or other deficiencies.
a. Contractor must respond in writing within the timeframes required in the CAP, address each identified defect, and provide an appropriately thorough response to DFPS for review and approval.
b. Upon receipt of DFPS’s approval, the Contractor must implement and maintain compliance with the requirements of the CAP.
2. Suspension. DFPS may suspend or remove all or any part of the Contract.
3. Removal of Staff. DFPS reserves the right to require Contractor to remove any employee, volunteer, or agent of the Contractor or any subcontractor from the provision of services under this contract or to prohibit any
RFP No. HHS0016376 Exhibit C
VENDOR REGIONAL CONTRACTS SUPPLEMENTAL AND SPECIAL CONDITIONS
employee, volunteer, or agent of the Contractor or any subcontractor from having direct contact with DFPS referred clients or client records.
B. PAYMENTS UNDER STATE PLANS APPROVED UNDER TITLE IV-E AND
TANF.
As applicable, Contractors must seek payment or adjustment to payments in accordance with the time limit specified in 45 Code of Federal Regulations (CFR)
95.1 that provides a two-year (eight fiscal year quarters) time limit for a State to claim Federal financial participation in expenditures under State plans approved under Title IV-E and Temporary Assistance for Needy Families (TANF).
Any invoice or amended invoice that is submitted to DFPS later than seven quarters after the end of the quarter of the expense, will not be processed unless DFPS determines that submission for payment of the bill to the federal government can be executed within the time limits provided in the CFR.
| TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES |
| REGIONAL CONTRACTS VENDOR SUPPLEMENTAL AND SPECIAL CONDITIONS |
| SECTION I |
| SUPPLEMENTAL CONDITIONS |
| SECTION II |
| SPECIAL CONDITIONS |
| A. REMEDIES. |
| B. PAYMENTS UNDER STATE PLANS APPROVED UNDER TITLE IV-E AND TANF. |
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