Section 858.3 - General Requirements for Contracting(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 must 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.40 Tex. Admin. Code § 858.3
Adopted by Texas Register, Volume 40, Number 24, June 12, 2015, TexReg 3640, eff. 6/17/2015; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; Amended by Texas Register, Volume 45, Number 27, July 3, 2020, TexReg 4534, eff. 7/6/2020