40 Tex. Admin. Code § 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.
Notes
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