and weaknesses of a response application. Although an unsuccessful applicant may request an oral debriefing, the written debriefing serves as the official response. Protest Procedures An unsuccessful Applicant may protest an award decision as specified in . A procurement protest is limited to when an Applicant is dissatisfied or aggrieved in connection with the award of a DFPS contract. Written Questions Format All questions and comments regarding this PEN must: Be submitted electronically to the Point of Contact identified in §1.2; Reference the appropriate PEN page and section number; Be received no later than thirty (30) days prior to the PEN enrollment period closing date set forth in the Procurement Schedule in §1.3. Response to Questions HHSC will post responses to written questions on the HHS Enrollment Opportunities page. Once posted on the HHS Enrollment Opportunities website, responses are binding on both HHSC/DFPS and any Applicants. All questions received may not be answered. Similar questions may be combined prior to response. Answers may be amended at any time prior to the PEN enrollment period closing date. HHSC/DFPS reserves the right to review questions, and determine applicability prior to inclusion on the posted Question and Answer document. Questions received after the due date may be reviewed by HHSC/DFPS but will not receive a response. Prior to inclusion and posting of questions HHSC/DFPS considers the following factors: Applicability to the PEN; Applicability to other possible Applicants to the PEN; and Impact on Applicants’ approach to providing deliverables. It is the responsibility of interested parties to periodically check the HHS Enrollment Opportunities page for updates to the procurement prior to submitting an application. The Applicant’s failure to periodically check the HHS Enrollment Opportunities page will in no way release the Applicant from “addenda or additional information” resulting in additional costs to meet the requirements of the PEN. Response Submission Instructions It is Applicant’s responsibility to appropriately mark and deliver the application and related materials in response to this PEN by the response due date. Submission of an application does not execute a contract. DO NOT submit both an e-mailed application and a mailed application. Applications submitted via fax will not be accepted. Electronic Submission The preferred method of application submission is via email submission to:
Service Level When a child comes into care, the child's Caseworker is expected to assess the child's service needs. The Caseworker consults with the child's caregivers, parents, teachers, or other appropriate sources to make the determination. determined by the third-party contractor or, a Basic service level determined by the CPS Caseworker and supervisor. The authorized service level is based on information regarding the child's service needs. Subcontract A written agreement between the original Contractor and a third party to provide all or a specified part of the goods, services, work, and materials required in the original contract. Subcontractor Any individual or entity that has entered into a subcontract with a Contractor. Substitute Care The residential care and support provided to a child in DFPS' managing Conservatorship who has been placed in a living situation outside the child's own home in order to protect the child from abuse or neglect. Unduplicated Clients "Unduplicated clients" indicates how many individuals were served using Out-of-State Courtesy Supervision Contractors. Uniform Contract Terms & Conditions (UTCs) The terms and conditions applicable to any contract resulting from this open enrollment that govern the Application and any resulting Contract. Unresponsive Noncompliance with a material aspect of the solicitation document resulting in an application being excluded from contract award consideration. Valid Service Authorization, Form 2054 A Form 2054 that at a minimum Includes: Issuance to the correct Contractor, A service begin date that is no earlier than the date of receipt, and CPS staff signature, date, and any special approvals such as location of service provision. EXHIBIT DOCUMENT LIST Exhibit Title Page Exhibit A DFPS Vendor Uniform Contract Terms and Conditions (Form 5645V) 27 Exhibit B DFPS Vendor Special Conditions (Form 5622V) 39 Exhibit C DFPS General Affirmations (Form 5647) 45
EXHIBIT B F502-5622V November 2017 DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES SPECIAL CONDITIONS FOR VENDORS INSTRUCTIONS SELECT FOLLOWING SPECIAL CONDITIONS THAT ARE APPLICABLE TO THIS CONTRACT & DELETE SECTIONS YOU WILL NOT USE. IF YOU ARE UNSURE WHAT TO DELETE, PLEASE CONTACT YOUR ASSIGNED ATTORNEY OR MAKE A REQUEST TO THE EMAIL BOX. IF SECTIONS ARE DELETED, RENUMBER REMAINING SECTIONS. ONCE DOCUMENT IS FINAL, DELETE INSTRUCTIONS IN RED BEFORE YOU SEND THIS DOCUMENT TO THE ATTORNEY FOR FINAL REVIEW. In addition to the DFPS Uniform Terms and Conditions for Vendors, the Contractor agrees to comply with the following DFPS Special Conditions for Vendors. 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 CFR 95.1 (Code of Federal Regulations), which establishes a (eight quarter) 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 bill or amended bill, which 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 in a proper and timely fashion. Reporting Abuse, Neglect, or Exploitation. Contractor will promptly report any suspected case of abuse, neglect, or exploitation to the appropriate authority as required by the Texas Family Code Chapter 261. All reports must be made within 24 hours of the discovery of the suspected abuse, neglect, or exploitation. Testimony in Proceedings. Contractor will require its employees to testify in judicial and administrative proceedings at the request of DFPS. To the extent possible, Contractor will also assist the DFPS in locating past employees, agents, volunteers, consultants, or subcontractors when DFPS requires past employees, agents, volunteers, consultants, or subcontractors to appear and testify in accordance with this subsection. Removal of Access. Contractor will immediately remove access capabilities to any DFPS automated/internet-based application(s), or immediately notify DFPS that access to such applications needs to be terminated for an employee, subcontractor, or volunteer whose employment, subcontract, or volunteer term with Contractor has ended for any reason. year