| (a) To contract with the Agency for VR goods and services,
the contractor must:
(1) ensure that:
(A) staff members meet all qualification requirements
established by Agency policy and regulations;
(B) all staff members meet minimum qualifications at
application and throughout the term of the contract;
(C) staff credentials supporting qualifications are
on file at the time of hire and maintained throughout the term of
the contract; and
(D) staff credentials are made available to Agency
staff upon request;
(2) provide for such fiscal control and fund accounting
as may be necessary to ensure proper disbursement and accounting of
funds provided by the Agency in accordance with Agency policies and
maintain financial and other contract records according to recognized
fiscal and accounting practices such as the Generally Accepted Accounting
Principles (GAAP);
(3) certify on or before the effective date of the
contract that the contractor has and will maintain adequate operating
funds for conducting business;
(4) have and maintain adequate staff to provide services
on the effective date of the contract;
(5) notify the Agency in writing of changes to contact
information according to the requirements of the contract. Unless
otherwise specified in the contract, the contractor must notify the
Agency:
(A) within 10 calendar days after any address change,
including of the location of the contractor's office, physical address,
or mailing address;
(B) immediately of any change in administrator or director;
and
(C) within seven working days of any change in the
contact telephone number designated in the contract;
(6) report any suspected violation of rules or laws
to the appropriate investigative authority. This includes reporting
to the Agency any abuse, neglect, or exploitation.
(b) A contractor may not offer, give, or agree to give
an Agency employee anything of value.
(c) A contractor or applicant may not engage in any
activity that presents a real or apparent conflict of interest and
must provide written attestation that no real or apparent conflicts
of interest exist before execution of a contract with the Agency.
(d) Pursuant to Texas Government Code §572.054(b),
certain Agency employees may not represent or receive compensation
from any individual concerning any contractual matter in which the
former employee participated during his or her employment with the
state.
(e) The Agency may choose not to enter into a contract:
(1) when, in the Agency's opinion, the contractor or
a controlling party has a documented, unsatisfactory history in contracting
with the Agency or with another state agency;
(2) if the contractor:
(A) subcontracts any direct care services without specific
authorization from the Agency ; and/or
(B) assigns or transfers the contract without the Agency's
prior written approval.
(f) The Agency may obtain criminal history information
from the Texas Department of Public Safety and may use this information
in awarding and administering Agency contracts. When the Agency uses
the information, the terms and conditions of use are included in the
affected contracts.
(g) Goods or services purchased or reimbursed by the
Agency may be inspected or monitored at the discretion of the Agency.
(h) The Agency may require corrective action, remove
or reassign active customers to other contractors for services, and/or
impose an adverse action against a contractor for failure to comply
with the terms of the contract and/or Agency rules, policies, and
procedures.
(i) A contractor shall participate in orientation relating
to Agency contract requirements before providing goods or services
under a contract for the first time.
(j) A contractor shall ensure that any facility in
which services are provided includes individuals able to communicate
in the native language of applicants, recipients of service, and other
eligible individuals who have limited English proficiency.
(k) Contractors shall take affirmative action to employ
and advance in employment qualified individuals with disabilities.
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| Source Note: The provisions of this §858.3 adopted to be effective June 17, 2015, 40 TexReg 3638; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; amended to be effective July 6, 2020, 45 TexReg 4532 |
