Exhibit C - Health and Human Services (HHS) Additional Provisions, Version 1.0.pdf

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Attached to
Pharmacy Drug Benefits
Solicitation number
HHS0017240
Issued by
Texas

About this file

This document is Exhibit C of RFP No. HHS0017240, containing Health and Human Services (HHS) Additional Provisions issued by the Texas Health and Human Services Commission (HHSC), effective November 7, 2019. The exhibit establishes supplementary contractual terms and conditions that are incorporated into the primary contract agreement. The provisions outline vendor obligations related to facility access, operational continuity, and compliance reporting requirements. The contract term and specific service details are not detailed within this exhibit, as it functions as an addendum to the primary RFP document.

The additional provisions impose several operational and reporting requirements on contractors, including allowing HHSC and prospective vendors reasonable access to facilities, software, systems documentation, and work sites during normal business hours. Contractors must develop and submit turnover plans upon HHSC's request to ensure minimal service disruption and provide turnover assistance following contract termination or expiration. Critical reporting obligations include immediate written notification to the assigned HHSC contract manager regarding criminal activity, disciplinary actions involving Class A misdemeanor or felony sex crimes, IRS or Texas Workforce Commission insolvency within five days of discovery, and any license actions affecting service provision within five days of awareness. Additionally, contractors may be required to provide disaster services during declared emergencies, including evacuation assistance, medical support, public health information, and victim identification services. Contractors are prohibited from permitting individuals engaged in reportable criminal or disciplinary activities from providing direct client services without written authorization from the System Agency.

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RFP No. HHS0017240 Exhibit C

Health and Human Services (HHS) Additional Provisions

Version 1.0 Effective: November 7, 2019

Table of Contents

1. HHSC VENDOR ACCESS

2. TURNOVER PLAN

3. TURNOVER ASSISTANCE

4. NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS

5. NOTICE OF IRS OR TWC INSOLVENCY

6. DISASTER SERVICES

7. NOTICE OF A LICENSE ACTION

Health and Human Services

Additional Provisions V.1.0 – November 7, 2019

ADDITIONAL PROVISIONS

The terms and conditions of these Additional Provisions are incorporated into and made a part of the Contract. Capitalized items used in these Additional Provisons and not otherwise defined have the meanings assigned to them in HHSC Uniform Terms and Conditions.

1. HHSC VENDOR ACCESS

At HHSC’s request, Contractor will allow parties interested in responding to other HHSC solicitations to have reasonable access during normal business hours to the Work, software, systems documentation, and site visits to the Contractor’s facilities. Contractor may elect to have such parties inspecting the Work, facilities, software or systems documentation to agree to use the information so obtained only in the State of Texas and only for the purpose of responding to the relevant HHSC solicitation.

2. TURNOVER PLAN

HHSC, in its sole discretion, may require Contractor to develop and submit a Turnover Plan at any time during the term of the Contract. Contractor must submit the Turnover Plan to HHSC for review and approval. The Turnover Plan must describe Contractor’s policies and procedures that will ensure:

i. The least disruption in the delivery of the Work during Turnover to HHSC or its designee; and

ii. Full cooperation with HHSC or its designee in transferring the Work and the obligations of the Contract.

3. TURNOVER ASSISTANCE

Contractor will provide any assistance and actions reasonably necessary to enable HHSC or its designee to effectively close out the Contract and transfer the Work and the obligations of the

Contract to another vendor or to perform the Work by itself. Contractor agrees that this obligation survives the termination, regardless of whether for cause or convenience, or the expiration of the Contract and remains in effect until completed to the satisfaction of HHSC.

4. NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS

A. Contractor shall immediately report in writing to its assigned HHSC contract manager when

Contractor learns of or has any reason to believe it or any person with ownership or controlling interest in Contractor, or their agent, employee, subcontractor or volunteer who is providing services under this Contract has:

i. Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority; or

ii. Been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime.

Health and Human Services

Additional Provisions V.1.0 – November 7, 2019

B. Contractor shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by the System Agency.

5. NOTICE OF IRS OR TWC INSOLVENCY

Contractor shall notify in writing its assigned HHSC contract manager of any insolvency, incapacity or outstanding unpaid obligations of Contractor owed to the Internal Revenue

Service or the State of Texas, or any agency or political subdivision of the State of Texas within five days of the date of Contractor’s becoming aware of such.

6. DISASTER SERVICES

In the event of a local, state, or federal emergency, including natural, man-made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster declared by the appropriate federal official, Contractor may be called upon to assist the System Agency in providing the following services:

i. Community evacuation;

ii. Health and medical assistance;

iii. Assessment of health and medical needs;

iv. Health surveillance;

v. Medical care personnel;

vi. Health and medical equipment and supplies;

vii. Patient evacuation;

viii. In-hospital care and hospital facility status;

ix. Food, drug and medical device safety;

x. Worker health and safety;

xi. Mental health and substance abuse;

xii. Public health information;

xiii. Vector control and veterinary services; and

xiv. Victim identification and mortuary services.

7. NOTICE OF A LICENSE ACTION

Contractor shall notify its assigned HHSC contract manager of any action impacting

Contractor’s license to provide services under this Contract within five days of becoming aware of the action and include the following:

i. Reason for such action;

ii. Name and contact information of the local, state or federal department or agency or entity;

iii. Date of the license action; and

iv. License or case reference number.

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