| (a) An application shall not be considered for competitive
funding unless the applicant meets the following criteria on the application
due date and continues to meet them throughout the selection and funding
process.
(1) The applicant shall be established as a legal entity
under State statutes and regulations.
(2) The applicant shall be in compliance with any Commission
agreed order.
(3) The applicant shall be registered to do business
in Texas and shall have a Texas address. A post office box address
may be used when the application is submitted, but the applicant must
be able to conduct business out of a physical location in Texas before
funds will be released.
(4) Staff members, including the executive director,
of a public or nonprofit entity shall not serve on their employer's
governing board.
(5) The applicant shall be in good standing with any
State or Federal agency that has a contracting relationship with the
applicant. If a State or Federal agency has suspended or terminated
an applicant's contract for deficiencies in performance of the contract,
that applicant is not eligible to apply through a RFP unless all issues
have been satisfactorily resolved as demonstrated by written documentation
from the State or Federal agency. Additionally, an applicant is not
eligible if it is debarred from participation in any Federal assistance
program.
(6) Applicants that have previously been funded by
DSHS shall be in compliance with the following requirements:
(A) If the applicant has been suspended or terminated
by DSHS at any time in the past, all issues shall be satisfactorily
resolved (demonstrated by written documentation from DSHS).
(B) If the applicant owes a refund to DSHS, the applicant
shall be on schedule with the terms of the repayment agreement or
shall have satisfactorily discharged the financial obligation.
(C) The applicant shall have submitted an annual audit
as required by the grant agreement or contract and either corrected
all deficiencies or submitted and maintained compliance with a corrective
action plan that DSHS has accepted.
(b) DSHS may establish additional application criteria
in a RFP or other form of solicitation.
(c) Applicants must continue to meet application criteria
after funds are awarded or be subject to sanctions.
(d) Treatment applicants must be appropriately licensed
and in good standing on the first effective service day proposed.
(e) DSHS may deny funding to an applicant if any person
who has an ownership or controlling interest in the applicant organization,
or who is an agent or managing employee of the applicant, has been
convicted of a criminal offense related to involvement in any program
established under Medicare, Medicaid, or the Title XX block grant.
(f) DSHS may refuse to fund an applicant who cannot
demonstrate that the location where services will be provided is in
compliance with all applicable local and State zoning, building, health,
fire, and safety standards.
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