105788-O4.pdf

STATE OF NEBRASKA SERVICE CONTRACT AWARD

PAGE ORDER DATE

1 of 1 09/09/23

BUSINESS UNIT BUYER

15000070 JULIE SCHILTZ (DCS) CONTRACT NUMBER

VENDOR NUMBER: 2338788 105788 O4

VENDOR ADDRESS:

PERFORMANCE COACHING

BRENT KHAN

4310 N 160TH AVE

OMAHA NE 68116-6470

AN AWARD HAS BEEN MADE TO THE VENDOR/CONTRACTOR NAMED ABOVE FOR THE SERVICES AS LISTED BELOW FOR THE

PERIOD:

SEPTEMBER 15, 2023 THROUGH MARCH 15, 2026

THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE SERVICES SHOWN BELOW, AND DOES NOT PRECLUDE

THE PURCHASE OF SIMILAR SERVICES FROM OTHER SOURCES.

THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN

MUTUALLY AGREEABLE TO THE VENDOR/CONTRACTOR AND THE STATE OF NEBRASKA.

Original/Bid Document 115883 O3

AGENCY SIGNATURE

R43500|NISK0001|NISK0001 20210628

Contract to supply and deliver Behavioral Health Services for the contract period of September 15, 2023, through March 15, 2026. The contract may be renewed for two (2) additional two (2) year periods when mutually agreeable to the vendor and the State of Nebraska Board of Parole.

Vendor Contact: Dr. Brent Khan Phone: 402-616-2427 Email: brentdkhan@gmail.com

Email invoices: nbop.invoices@nebraska.gov Accounts Payable Contact (402) 479-5715

**This contract is based on estimated usage. There is no guarantee that any or all estimated quantities will be used. The contractor should not make any budgeting assumptions based on the estimated value of this contract**

Line Description Estimated Quantity

Unit of Measure

Unit Price

Estimated Extended Price

1 INDIVIDUAL COACHING/GROUP 900.0000 EA 120.0000 108,000.00

SESSIONS AND ASSESSMENTS

INITIAL CONTRACT TERM 9/15/23 - 3/15/26

2 720.0000 EA 120.0000 86,400.00

3 720.0000 EA 120.0000 86,400.00

INDIVIDUAL COACHING/GROUP

SESSIONS AND ASSESSMENTS

RENEWAL ONE 3/16/26 - 3/15/28

INDIVIDUAL COACHING/GROUP

SESSIONS AND ASSESSMENTS

RENEWAL TWO 3/16/28 - 3/15/30

Estimated Total Order 280,800.00

BOARD OF PAROLE

Buyer: Julie Schiltz Phone: 402-479-5718 Email: julie.schiltz@nebraska.gov

DocuSign Envelope ID: 5DD3CFA0-35E3-49A1-8A36-2DF8B72FA1CA

9/13/2023

9/15/2023

STATE OF NEBRASKA CONTRACT AMENDMENT FORM 08/25/2014

ADDENDUM ONE (1) to CONTRACT AWARD Terms and Conditions

CONTRACT NUMBER 105788 O4

Behavioral Health

Between The State of Nebraska and Performance Coaching, Brent Khan

The following clauses, Addendum One of Contract 105788 O4 have been reviewed and agreed upon between Performance Coaching, Brent Khan “Contractor” and the State of Nebraska “State”.

This Addendum will become part of the contract for Behavioral Health. The clauses of this Addendum shall supersede, prevail, and govern in the case of any inconsistencies with the clause indicated in Section III of the Request for Proposal.

By signing this Addendum, the Contractor guarantees compliance with the provisions stated herein.

Section III. Contractor Duties J. Insurance Requirements

The Contractor shall throughout the term of the contract maintain insurance as specified herein and provide the State a current Certificate of Insurance/Acord Form (COI) verifying the coverage. The Contractor shall not commence work on the contract until the insurance is in place. If Contractor subcontracts any portion of the Contract the Contractor must, throughout the term of the contract, either:

1. Provide equivalent insurance for each subcontractor and provide a COI verifying the coverage for the subcontractor;

2. Require each subcontractor to have equivalent insurance and provide written notice to the State that the Contractor has verified that each subcontractor has the required coverage; or,

3. Provide the State with copies of each subcontractor’s Certificate of Insurance evidencing the required coverage.

The Contractor shall not allow any Subcontractor to commence work until the Subcontractor has equivalent insurance. The failure of the State to require a COI, or the failure of the Contractor to provide a COI or require subcontractor insurance shall not limit, relieve, or decrease the liability of the Contractor hereunder.

In the event that any policy written on a claims-made basis terminates or is canceled during the term of the contract or within one (1) year of termination or expiration of the contract, the contractor shall obtain an extended discovery or reporting period, or a new insurance policy, providing coverage required by this contract for the term of the contract and one (1) year following termination or expiration of the contract.

If by the terms of any insurance a mandatory deductible is required, or if the Contractor elects to increase the mandatory deductible amount, the Contractor shall be responsible for payment of the amount of the deductible in the event of a paid claim.

Notwithstanding any other clause in this Contract, the State may recover up to the liability limits of the insurance policies required herein.

1. WORKERS’ COMPENSATION INSURANCE

The Contractor shall take out and maintain during the life of this contract the statutory Workers’ Compensation and Employer's Liability Insurance for all of the contactors’ employees to be engaged in work on the project under this contract and, in case any such work is sublet, the Contractor shall require the Subcontractor similarly to provide Worker's

DocuSign Envelope ID: 5DD3CFA0-35E3-49A1-8A36-2DF8B72FA1CA

Compensation and Employer's Liability Insurance for all of the Subcontractor’s employees to be engaged in such work. This policy shall be written to meet the statutory requirements for the state in which the work is to be performed, including Occupational Disease. The policy shall include a waiver of subrogation in favor of the State. The COI shall contain the mandatory COI subrogation waiver language found hereinafter. The amounts of such insurance shall not be less than the limits stated hereinafter. For employees working in the State of Nebraska, the policy must be written by an entity authorized by the State of Nebraska Department of Insurance to write Workers’ Compensation and Employer’s Liability Insurance for Nebraska employees.

2. COMMERCIAL GENERAL LIABILITY INSURANCE AND COMMERCIAL

AUTOMOBILE LIABILITY INSURANCE

The Contractor shall take out and maintain during the life of this contract such Commercial General Liability Insurance and Commercial Automobile Liability Insurance as shall protect Contractor and any Subcontractor performing work covered by this contract from claims for damages for bodily injury, including death, as well as from claims for property damage, which may arise from operations under this contract, whether such operation be by the Contractor or by any Subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall not be less than limits stated hereinafter.

The Commercial General Liability Insurance shall be written on an occurrence basis, and provide Premises/Operations, Products/Completed Operations, Independent Contractors, Personal Injury, and Contractual Liability coverage. The policy shall include the State, and others as required by the contract documents, as Additional Insured(s). This policy shall be primary, and any insurance or self-insurance carried by the State shall be considered secondary and non-contributory. The COI shall contain the mandatory COI liability waiver language found hereinafter. The Commercial Automobile Liability Insurance shall be written to cover all Owned, Non-owned, and Hired vehicles.

REQUIRED INSURANCE COVERAGE

COMMERCIAL GENERAL LIABILITY

General Aggregate $2,000,000 Personal/Advertising Injury $1,000,000 per occurrence Medical Payments $5,000 any one person Damage to Rented Premises (Fire) $100,000 each occurrence Contractual Included Independent Contractors Included Abuse & Molestation Included

PROFESSIONAL LIABILITY

Professional liability (Medical Malpractice) Limits consistent with Nebraska

Medical Malpractice Cap Qualification Under Nebraska Excess Fund All Other Professional Liability (Errors & Omissions)

$1,000,000 Per Claim / Aggregate

3. EVIDENCE OF COVERAGE

The Contractor shall furnish the Contract Manager, with a certificate of insurance coverage complying with the above requirements prior to beginning work at:

Agency: Department of Correctional Services Attn: Assistant Materiel Administrator Email: DCS.Purchasing@nebraska.gov

These certificates or the cover sheet shall reference the RFQ number, and the certificates shall include the name of the company, policy numbers, effective dates, dates of expiration, and amounts and types of coverage afforded. If the State is damaged by the failure of the mailto:DCS.Purchasing@nebraska.gov

Contractor to maintain such insurance, then the Contractor shall be responsible for all reasonable costs properly attributable thereto.

Reasonable notice of cancellation of any required insurance policy must be submitted to the contract manager as listed above when issued and a new coverage binder shall be submitted immediately to ensure no break in coverage.

4. DEVIATIONS

The insurance requirements are subject to limited negotiation. Negotiation typically includes, but is not necessarily limited to, the correct type of coverage, necessity for Workers’ Compensation, and the type of automobile coverage carried by the Contractor.

This Addendum and any attachments hereto will become part of the Contract. Except as set forth in this Addendum, the Contract is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this Addendum and the Contract or any earlier addendum, the terms of this Addendum will prevail.

IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below.

State of Nebraska Contractor: Performance Coaching, Brent

Khan

By: __________________________ By:__________________________ (Signature) (Signature)

Name: ________________________ Name:________________________

(Printed) (Printed)

Title: _________________________ Title:_________________________

Date:_________________________ Date:_________________________

Brent Khan

President

9/12/20239/15/2023

Chairperson

Rosalyn Cotton

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE

INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #

NAME:

CONTACT

(A/C, No):

FAX

E-MAIL

ADDRESS:

PRODUCER

(A/C, No, Ext):

PHONE

INSURED

REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:

(Per accident)

(Ea accident)

N / A

SUBR

WVD

ADDL

INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

$PROPERTY DAMAGE

BODILY INJURY (Per accident)

BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS

AUTOSAUTOS

NON-OWNED

HIRED AUTOS

SCHEDULEDALL OWNED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

OFFICER/MEMBER EXCLUDED?

(Mandatory in NH)

DESCRIPTION OF OPERATIONS below If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE

E.L. DISEASE - POLICY LIMIT

E.L. DISEASE - EA EMPLOYEE

E.L. EACH ACCIDENT

ER

OTH-

STATUTE

PER

LIMITS(MM/DD/YYYY)

POLICY EXP

(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR

INSR

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB $EACH OCCURRENCE

$AGGREGATE

OCCUR

CLAIMS-MADE

DED RETENTION $

$PRODUCTS - COMP/OP AGG

$GENERAL AGGREGATE

$PERSONAL & ADV INJURY

$MED EXP (Any one person)

$EACH OCCURRENCE

DAMAGE TO RENTED

$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY

PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03)

© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER

The ACORD name and logo are registered marks of ACORD MTTU

Hiscox Inc.

5 Concourse Parkway Suite 2150 Atlanta GA, 30328

(888) 202-3007 contact@hiscox.com

Hiscox Insurance Company Inc 10200

Performance Coaching, Inc 6407 S 102 St Omaha, NE 68127

State of Nebraska

07/07/202407/07/2023P102.104.555.1Y

X

A

X

X

Each Claim: $ 1,000,000 Aggregate: $ 1,000,000

Professional LiabilityA 07/07/202407/07/2023P102.104.554.1Y

1,000,000 100,000

5,000

1,000,000

2,000,000

S/T Gen. Agg.

07/07/2023

STATE OF NEBRASKA LIST OF RESPONDENTS 08/25/2014

LIST OF RESPONDENTS

REQUEST FOR PROPOSAL NUMBER 115883 O3

Behavioral Health Proposal Opening: June 23, 2023

Proposals were submitted by the following:

• Angelo D. Melgoza

• Cynthia J. Cusick DBA Cusick Psychotherapy

• Performance Coaching/Dr. Brent Khan

• TrueCare24, Inc

STATE OF NEBRASKA ADDENDUM, QUESTIONS and ANSWERS 09/23/2015

ADDENDUM ONE, QUESTIONS and ANSWERS

Date: 06/16/2023

To: All Bidders

From: Julie Schiltz, NDCS Assistant Materiel Administrator

NDCS

RE: Addendum for Request for Proposal Number 115883 O3 to be opened 06/23/2023 at 2:00 p.m. Central Time

Questions and Answers

Following are the questions submitted and answers provided for the above mentioned Request for Proposal. The questions and answers are to be considered as part of the Request for Proposal.

It is the Bidder’s responsibility to check the State Purchasing Bureau website for all addenda or amendments.

No questions were submitted.

This addendum will become part of the proposal and should be acknowledged with the Request for Proposal.

Cost Proposal RFQ 115883 O3, Behavioral Health Services for Board of Parole clients

Bidder Name: _________________________________________

All expenses associated with the behavioral health services must be bid as all-inclusive, including service fees, salaries, wages, prevailing wages, payroll taxes, benefits, materials, equipment, tools, parts, supplies, preventative and remedial maintenance contracts, insurance, and damage deposits. No ancillary or auxiliary costs shall be billed.

Depending on credentials respondent may provide a response to all or some of the behavioral health services. Preference may be given to respondent(s) who can provide services to more than one (1) location. Respondent should note that this RFP and any contract(s) awarded from this RFP are strictly for Nebraska Board of Parole. Nebraska Probation, Nebraska Correctional Services Programing and/or VLS programs are not participants in this RFP.

Respondents must provide cost per session based on the estimated monthly usage. There is no guarantee that any or all estimated hours will be used.

Respondents shall not make any budgeting assumptions based on the estimated value.

Cognitive Behavioral Therapy

Estimated monthly session hours

Initial contract term Renewal 1 Renewal 2

Nebraska Board of Parole, Omaha 1313 Farnam Street Omaha, NE 68102

Per session

Nebraska PREP House, Omaha 2922 Izard Street Omaha, NE 68131

Per session

Nebraska Board of Parole, Lincoln 421 South 9th Street Suite 220 Lincoln, NE 68508

Per session

Telehealth Per session 30

Eye Movement Desensitization and Reprocessing monthly session hours

Initial contract term Renewal 1 Renewal 2

Nebraska Board of Parole, Omaha 1313 Farnam Street Omaha, NE 68102

Per session

Nebraska PREP House, Omaha 2922 Izard Street Omaha, NE 68131

Per session

Nebraska Board of Parole, Lincoln 421 South 9th Street Suite 220 Lincoln, NE 68508

Per session

Telehealth

Per session

Bidder Name: _________________________________________

Substance Abuse Treatment and Relapse Group Therapy

Estimated monthly session hours

Initial contract term Renewal 1 Renewal 2

Nebraska Board of Parole, Omaha 1313 Farnam Street Omaha, NE 68102

Nebraska PREP House, Omaha 2922 Izard Street Omaha, NE 68131

Nebraska Board of Parole, Lincoln 421 South 9th Street Suite 220 Lincoln, NE 68508

Per session 12

Individual Coaching/Group sessions and assessments

Estimated monthly session hours

Initial contract term Renewal 1 Renewal 2

Nebraska Board of Parole, Omaha

Nebraska PREP House, Omaha

Nebraska Board of Parole, Lincoln

Bidder Name: _________________________________________

Intensive Outpatient Programming monthly session hours

Initial contract term Renewal 1 Renewal 2 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6

Nebraska Board of Parole, Omaha

Nebraska PREP House, Omaha

Nebraska Board of Parole, Lincoln

Domestic Violence Group (DV) / Batterers Intervention Program

Estimated monthly session hours

Initial contract term Renewal 1 Renewal 2 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6

Nebraska Board of Parole, Omaha

Nebraska PREP House, Omaha

Nebraska Board of Parole, Lincoln

State of Nebraska DEPARTMENT OF CORRECTIONAL SERVICES on behalf of BOARD OF PAROLE

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES

REQUEST FOR PROPOSAL NUMBER RELEASE DATE

RFP 115883 O3 June 06, 2023

OPENING DATE AND TIME PROCUREMENT CONTACT

June 23, 2023 2:00 p.m. Central Time Julie Schiltz

PLEASE READ CAREFULLY!

SCOPE OF SERVICE

The State of Nebraska (State), Department of Correctional Services (DCS) on behalf of Board of Parole (BOP), is issuing this Request for Proposal (RFP) Number 115883 O3 for the purpose of selecting a qualified Contractor to provide Behavioral Health Services to Board of Parole clients. A more detailed description can be found in Section V. The resulting contract may not be an exclusive contract as the State reserves the right to contract for the same or similar services from other sources now or in the future.

For bidder reference only: The Nebraska Board of Parole is a separate and distinct agency from the Nebraska State Probation (a division of the Nebraska Supreme Court). The Nebraska Department of Correctional Services provides contracting support for the Board of Parole.

The term of the contract will be two and one half (2.5) years commencing upon execution of the contract by the State. The Contract includes the option to renew for two (2) additional two (2) year periods upon mutual agreement of the Parties. The State reserves the right to extend the period of this contract beyond the termination date when mutually agreeable to the Parties.

In the event that a contract with the awarded bidder(s) is cancelled or in the event that the State needs additional contractors to supply the solicited services, this RFP may be used to procure the solicited services for up to eighteen (18) months from the date the Intent to Award is posted, provided that 1) the solicited goods or services will be provided by a bidder (or a successive owner) who submitted a bid pursuant to this RFP, 2) the bidder’s proposal was evaluated, and 3) the bidder will honor the bidder’s original proposal, including the proposed cost, allowing for any price increases that would have otherwise been allowed if the bidder would have received the initial award.

ALL INFORMATION PERTINENT TO THIS REQUEST FOR PROPOSAL CAN BE FOUND ON THE INTERNET AT:

https://das.nebraska.gov/materiel/bidopps.html.

IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. § 84-602.04, State contracts in effect as of January 1, 2014, and contracts entered into thereafter, must be posted to a public website. The resulting contract, the Request for Proposal, and the awarded bidder’s proposal and response will be posted to a public website managed by DAS, which can be found at http://statecontracts.nebraska.gov And https://www.nebraska.gov/das/materiel/purchasing/contract_search/index.php.

In addition and in furtherance of the State’s public records Statute (Neb. Rev. Stat. § 84-712 et seq.), all proposals or responses received regarding this Request for Proposal will be posted to the State Purchasing Bureau public website.

These postings will include the entire proposal or response. Bidder must request that proprietary information be excluded from the posting. The bidder must identify the proprietary information, mark the proprietary information according to state law, and submit the proprietary information in a separate file named conspicuously as "PROPRIETARY INFORMATION". The bidder should submit a detailed written document showing that the release of the proprietary information would give a business advantage to named business competitor(s) and explain how the named business competitor(s) will gain an actual business advantage by disclosure of information. The mere assertion that information is proprietary or that a speculative business advantage might be gained is not sufficient. (See Attorney General Opinion No. 92068, April 27, 1992). THE BIDDER MAY NOT ASSERT THAT THE ENTIRE PROPOSAL IS PROPRIETARY. COST PROPOSALS WILL NOT BE CONSIDERED PROPRIETARY AND ARE A PUBLIC RECORD IN THE STATE OF NEBRASKA. The State will determine, in its sole discretion, if the disclosure of the information designated by the Bidder as proprietary would 1) give advantage to business competitors and 2) serve no public purpose. The Bidder will be notified of the State’s decision. Absent a determination by the State that the information may be withheld pursuant to Neb. Rev. Stat. § 84-712.05, the State will consider all information a public record subject to disclosure.

If the State determines it is required to release withheld proprietary information, the bidder will be informed. It will be the bidder's responsibility to defend the bidder's asserted interest in non-disclosure.

To facilitate such public postings, with the exception of proprietary information, the State of Nebraska reserves a royalty-free, nonexclusive, and irrevocable right to copy, reproduce, publish, post to a website, or otherwise use any contract, proposal, or response to this Request for Proposal for any purpose, and to authorize others to use the documents. Any individual or entity awarded a contract, or who submits a proposal or response to this Request for Proposal, specifically waives any copyright or other protection the contract, proposal, or response to the Request for Proposal may have; and, acknowledges that they have

DocuSign Envelope ID: 5DD3CFA0-35E3-49A1-8A36-2DF8B72FA1CA https://das.nebraska.gov/materiel/bidopps.html http://statecontracts.nebraska.gov/ https://www.nebraska.gov/das/materiel/purchasing/contract_search/index.php

RFP Boilerplate | 02032023 ii the ability and authority to enter into such waiver. This reservation and waiver is a prerequisite for submitting a proposal or response to this Request for Proposal, and award of a contract. Failure to agree to the reservation and waiver will result in the proposal or response to the Request for Proposal being found non-responsive and rejected.

Any entity awarded a contract or submitting a proposal or response to the Request for Proposal agrees not to sue, file a claim, or make a demand of any kind, and will indemnify and hold harmless the State and its employees, volunteers, agents, and its elected and appointed officials from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses, sustained or asserted against the State, arising out of, resulting from, or attributable to the posting of the contract or the proposals and responses to the Request for Proposal, awards, and other documents.

iii

TABLE OF CONTENTS

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES ............................................................................................................. i

TABLE OF CONTENTS ............................................................................................................................................................................ iii

GLOSSARY OF TERMS ............................................................................................................................................................................ v

ACRONYM LIST ..................................................................................................................................................................................... viii

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

C. SCHEDULE OF EVENTS

D. WRITTEN QUESTIONS AND ANSWERS

E. “SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS

F. ETHICS IN PUBLIC CONTRACTING

G. DEVIATIONS FROM THE REQUEST FOR PROPOSAL

H. PRICES & COST CLARIFICATION

I. SUBMISSION OF PROPOSALS

J. PROPOSAL PREPARATION COSTS

K. FAILURE TO COMPLY WITH REQUEST FOR PROPOSAL

L. PROPOSAL CORRECTIONS

M. LATE PROPOSALS

N. PROPOSAL OPENING

O. REQUEST FOR PROPOSAL/PROPOSAL REQUIREMENTS

P. EVALUATION OF PROPOSALS

Q. BEST AND FINAL OFFER

R. REFERENCE AND CREDIT CHECKS

S. AWARD

T. LUMP SUM OR “ALL OR NONE” PROPOSALS

U. REJECTION OF PROPOSALS

V. RESIDENT BIDDER

II. TERMS AND CONDITIONS

A. GENERAL

B. NOTIFICATION

C. BUYER’S REPRESENTATIVE

D. GOVERNING LAW (Nonnegotiable)

E. DISCOUNTS

F. PRICES

G. BEGINNING OF WORK & SUSPENSION OF SERVICES

H. AMENDMENT

I. CHANGE ORDERS OR SUBSTITUTIONS

J. RECORD OF VENDOR PERFORMANCE

K. CORRECTIVE ACTION PLAN

L. NOTICE OF POTENTIAL CONTRACTOR BREACH

M. BREACH

N. NON-WAIVER OF BREACH

O. SEVERABILITY

P. INDEMNIFICATION

Q. ASSIGNMENT, SALE, OR MERGER

R. CONTRACTING WITH OTHER NEBRASKA POLITICAL SUB-DIVISIONS OF THE STATE OR ANOTHER STATE 14

S. FORCE MAJEURE

T. CONFIDENTIALITY

U. EARLY TERMINATION

V. CONTRACT CLOSEOUT

iv

III. CONTRACTOR DUTIES

A. INDEPENDENT CONTRACTOR / OBLIGATIONS

B. EMPLOYEE WORK ELIGIBILITY STATUS

C. COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION

(Nonnegotiable)

D. COOPERATION WITH OTHER CONTRACTORS

E. PERMITS, REGULATIONS, LAWS

F. INSURANCE REQUIREMENTS

G. ANTITRUST

H. CONFLICT OF INTEREST

I. STATE PROPERTY

J. SITE RULES AND REGULATIONS

K. ADVERTISING

L. DISASTER RECOVERY/BACK UP PLAN

M. DRUG POLICY

N. WARRANTY

O. TIME IS OF THE ESSENCE

IV. PAYMENT

A. PROHIBITION AGAINST ADVANCE PAYMENT (Nonnegotiable) B. TAXES (Nonnegotiable)

C. INVOICES

D. INSPECTION AND APPROVAL

E. PAYMENT (Nonnegotiable) F. LATE PAYMENT (Nonnegotiable) G. SUBJECT TO FUNDING / FUNDING OUT CLAUSE FOR LOSS OF APPROPRIATIONS (Nonnegotiable) H. RIGHT TO AUDIT (First Paragraph is Nonnegotiable)

V. PROJECT DESCRIPTION AND SCOPE OF WORK

A. PROJECT OVERVIEW/ SCOPE OF WORK

B. PROJECT ENVIRONMENT

C. BEHAVIORAL HEALTH SERVICES ENVIORNMENT

D. CONTRACTOR REQUIREMENTS

E. NEBRASKA BOARD OF PAROLE REQUIREMENTS

F. DELIVERABLES

Form A Bidder Proposal Point of Contact

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES FORM

v

GLOSSARY OF TERMS

Addendum: Something to be added or deleted to an existing document; a supplement.

Agency: Any state agency, board, or commission other than the University of Nebraska, the Nebraska State colleges, the courts, the Legislature, or any other office or agency established by the Constitution of Nebraska.

Agent/Representative: A person authorized to act on behalf of another.

Amend: To alter or change by adding, subtracting, or substituting.

Amendment: A written correction or alteration to a document.

Appropriation: Legislative authorization to expend public funds for a specific purpose. Money set apart for a specific use.

Automated Clearing House: (ACH) Electronic network for financial transactions in the United States

Award: All purchases, leases, or contracts which are based on competitive proposals will be awarded according to the provisions in the Request for Proposal.

Best and Final Offer (BAFO): In a competitive proposal, the final offer submitted which contains the bidder’s most favorable terms for price.

Bid Bond: An insurance agreement, accompanied by a monetary commitment, by which a third party (the surety) accepts liability and guarantees that the contractor will not withdraw the bid.

Bidder: A contractor who submits a proposal in response to a written Request for Proposal.

Breach: Violation of a contractual obligation by failing to perform or repudiation of one’s own promise.

Business: Any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other private legal entity.

Business Day: Any weekday, except State-recognized holidays.

Calendar Day: Every day shown on the calendar including Saturdays, Sundays, and State/Federal holidays.

Cancellation: To call off or revoke a purchase order or contract without expectation of conducting or performing it at a later time.

Change Order: Document that provides an addendum and/or amendments to an executed purchase order or contract.

Collusion: An agreement or cooperation between two or more persons or entities to accomplish a fraudulent, deceitful, or unlawful purpose.

Confidential Information: Unless otherwise defined below, “Confidential Information” shall also mean proprietary trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. Rev. Stat. §84-712.05(3)). In accordance with Nebraska Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identification of specific, named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would receive.

Contract: An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law; the writing that sets forth such an agreement.

Contract Administration: The administration of the contract which includes and is not limited to; contract signing, contract amendments and any necessary legal actions.

Contract Award: Occurs upon execution of the State document titled “Service Contract Award” by the proper authority.

Contract Management: The management of day-to-day activities at the agency which includes and is not limited to ensuring deliverables are received, specifications are met, handling meetings and making payments to the Contractor.

Contract Period: The duration of the contract.

vi Contractor: An individual or entity lawfully conducting business in the State, or licensed to do so, who seeks to provide goods or services under the terms of a written Request for Proposal.

Copyright: A property right in an original work of authorship fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt and distribute the work.

Customer Service: The process of ensuring customer satisfaction by providing assistance and advice on those products or services provided by the Contractor.

Default: The omission or failure to perform a contractual duty.

Deviation: Any proposed change(s) or alteration(s) to either the terms and conditions or deliverables within the scope of the written Request for Proposal or contract.

Evaluation: The process of examining an offer after opening to determine the bidder’s responsibility, responsiveness to requirements, and to ascertain other characteristics of the offer that relate to determination of the successful award.

Evaluation Committee: Individuals selected by the requesting agency for the evaluation of proposals (offers made in response to written Request for Proposals).

Extension: Continuance of a contract for a specified duration upon the agreement of the parties beyond the original Contract Period. Not to be confused with “Renewal Period”.

Foreign Corporation: A foreign corporation that was organized and chartered under the laws of another state, government, or country.

Installation Date: The date when the procedures described in “Installation by Contractor“, and “Installation by State”, as found in the Request for Proposal, or contract, are completed.

Interested Party: A person, acting in their personal capacity, or an entity entering into a contract or other agreement creating a legal interest therein.

Late Proposal: An offer received after the Opening Date and Time.

Mandatory/Must: Required, compulsory, or obligatory.

May: Discretionary, permitted; used to express possibility.

Must: See Mandatory/Must and Shall/Will/Must.

Non-Responsive Proposal: Any proposal that does not comply with the requirements of the Request for Proposal.

Opening Date and Time: Specified date and time for the public opening of received, labeled, and sealed formal proposals.

Performance Bond: An insurance agreement, accompanied by a monetary commitment, by which a third party (the surety) accepts liability and guarantees that the Contractor fulfills any and all obligations under the contract.

Point of Contact (POC): The person designated to receive communications and to communicate.

Project: The total scheme, program, or method worked out for the accomplishment of an objective, including all documentation, commodities, and services to be provided under the contract.

Proposal: Bidder’s response to a written Request for Proposal.

Proposal Opening: The process of opening correctly submitted offers at the time and place specified in the written Request for Proposal and in the presence of anyone who wished to attend.

Protest/Grievance: A complaint about a governmental action or decision related to a Request for Proposal or resultant contract, brought by a bidder who has submitted a proposal response by the opening date and time in connection with the award in question, to AS Materiel Division or another designated agency with the intention of achieving a remedial result.

Release Date: The date of public release of the written Request for Proposal to seek offers.

vii Renewal Period: Optional contract periods subsequent to the original Contract Period for a specified duration with previously agreed to terms and conditions. Not to be confused with Extension.

Request for Proposal (RFP): A written solicitation utilized for obtaining competitive offers.

Responsible Contractor: A contractor who has the capability in all respects to perform fully and lawfully all requirements with integrity and reliability to assure good faith performance.

Responsive Bidder: A vendor who has submitted a proposal which conforms to all requirements of the Request for Proposal document.

Shall/Will/Must: An order/command; mandatory.

Should: Expected; suggested, but not necessarily mandatory.

Specifications: The detailed statement, especially of the measurements, quality, materials, and functional characteristics, or other items to be provided under a contract.

Subcontractor: Individual or entity with whom the contractor enters a contract to perform a portion of the work awarded to the contractor.

Termination: Occurs when either Party, pursuant to a power created by agreement or law, puts an end to the contract prior to the stated expiration date. All obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.

Third Party: Any person or entity, including but not limited to fiduciaries, shareholders, owners, officers, managers, employees, legally disinterested persons, and sub-contractors or agents, and their employees. It shall not include any entity or person who is an interested Party to the contract or agreement.

Trade Secret: Information, including, but not limited to, a drawing, formula, pattern, compilation, program, device, method, technique, code, or process that (a) derives independent economic value, actual or potential, from not being known to, and not being ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy (see Neb. Rev. Stat. § 87- 502(4)).

Trademark: A word, phrase, logo, or other graphic symbol used by a manufacturer or contractor to distinguish its product from those of others, registered with the U.S. Patent and Trademark Office.

Vendor: An individual or entity lawfully conducting business with the State.

Will: See Mandatory/Shall/Will/Must.

Work Day: See Business Day.

viii

ACRONYM LIST

ACH – Automated Clearing House

BAFO – Best and Final Offer

CBT – Cognitive Behavioral Therapy

COI – Certificate of Insurance

DBT – Dialectical Behavioral Therapy

DCS – Department of Correctional Services

DPS- Division of Parole Supervision

DV- Domestic Violence

DAS – Department of Administrative Services

EMDR - Eye Movement Desensitization and Reprocessing

IOP – Intensive Outpatient Programming

NBOP – Nebraska Board of Parole

RFP – Request for Proposal

SPB – State Purchasing Bureau

I. PROCUREMENT PROCEDURE

A. GENERAL INFORMATION

The Request for Proposal is designed to solicit proposals from a qualified bidder who will be responsible for providing behavioral health services to Board of Parole clients at a competitive and reasonable cost. Terms and Conditions, Project Description and Scope of Work, Proposal instructions, and Cost Proposal Requirements may be found in Sections II through VI.

Proposals shall conform to all instructions, conditions, and requirements included in the Request for Proposal.

Prospective bidders are expected to carefully examine all documents, schedules, and requirements in this Request for Proposal, and respond to each requirement in the format prescribed. Proposals may be found non-responsive if they do not conform to the Request for Proposal.

B. PROCURING OFFICE AND COMMUNICATION WITH STATE STAFF AND EVALUATORS

Procurement responsibilities related to this Request for Proposal reside with Nebraska Department of Correctional Services. The point of contact (POC) for the procurement is as follows:

RFP Number: 115883 O3 Name: Procurement Contract Officer(s) Agency: Department of Correctional Services on behalf of Board of Parole Address: 801 W. Prospector Place, Bldg #1 Lincoln, NE 68522 Telephone: 402-479-5718 E-Mail: dcs.purchasing@nebraska.gov

From the date the Request for Proposal is issued until the Intent to Award is issued, communication from the bidder is limited to the POC listed above. After the Intent to Award is issued, the bidder may communicate with individuals the State has designated as responsible for negotiating the contract on behalf of the State. No member of the State Government, employee of the State, or member of the Evaluation Committee is empowered to make binding statements regarding this Request for Proposal. The POC will issue any answers, clarifications, or amendments regarding this Request for Proposal in writing. Only the SPB or awarding agency can award a contract. Bidders shall not have any communication with or attempt to communicate or influence any evaluator involved in this Request for Proposal.

The following exceptions to these restrictions are permitted:

1. Contact made pursuant to pre-existing contracts or obligations;

2. Contact required by the schedule of events or an event scheduled later by the RFP POC; and

3. Contact required for negotiation and execution of the final contract.

The State reserves the right to reject a bidder’s proposal, withdraw an Intent to Award, or terminate a contract if the State determines there has been a violation of these procurement procedures.

C. SCHEDULE OF EVENTS

The State expects to adhere to the procurement schedule shown on the following page, but all dates are approximate and subject to change.

NOTE: All ShareFile links in the Schedule of Events below, are unique links for each schedule step. Please click the correct link for the upload step you are requesting.

mailto:dcs.purchasing@nebraska.gov

Schedule of Events

ACTIVITY DATE/TIME

1. Release RFP 06/06/2023

2.

Last day to submit written questions

ShareFile link for uploading questions: https://nebraska.sharefile.com/r-r6cb86f29349c46af9599969f2e5a9ede

6/14/2023

3.

State responds to written questions through RFP “Addendum” and/or “Amendment” to be posted to the Internet at:

http://das.nebraska.gov/materiel/bidopps.html

6/16/2023

4.

Proposal Opening – Online Via WebEx:

IT IS THE BIDDER’S RESPONSIBILTY TO UPLOAD ELECTRONIC FILES

BY OPENING DATE AND TIME. EXCEPTIONS WILL NOT BE MADE FOR

TECHNOLOGY ISSUES.

ShareFile Electronic Proposal Submission Link:

https://nebraska.sharefile.com/r-r4c05394b737a4b15908c036a7ec63e14

Join WebEx Meeting WebEx link here and other meeting information

Join from the meeting link https://sonvideo.webex.com/sonvideo/j.php?MTID=m71213d23711d690759 bf14f64d0724c9

Join by meeting number Meeting number (access code): 2488 146 2038 Meeting password: iwXaDPmV644

Join by phone +1-408-418-9388 United States Toll Global call-in numbers

06/23/2023

2:00 PM

Central Time

5. Review for conformance to RFP requirements 6/23/2023

6. Evaluation period 6/23/2023 – 6/28/2023

7. Post “Notification of Intent to Award” to Internet at https://das.nebraska.gov/materiel/bidopps.html TBD

8. Contract finalization period TBD

9. Contract award TBD 10 Contractor start date TBD

DocuSign Envelope ID: 5DD3CFA0-35E3-49A1-8A36-2DF8B72FA1CA https://nebraska.sharefile.com/r-r6cb86f29349c46af9599969f2e5a9ede https://nebraska.sharefile.com/r-r6cb86f29349c46af9599969f2e5a9ede http://das.nebraska.gov/materiel/bidopps.html https://nebraska.sharefile.com/r-r4c05394b737a4b15908c036a7ec63e14 https://sonvideo.webex.com/sonvideo/j.php?MTID=m71213d23711d690759bf14f64d0724c9 https://sonvideo.webex.com/sonvideo/j.php?MTID=m71213d23711d690759bf14f64d0724c9 https://das.nebraska.gov/materiel/bidopps.html

D. WRITTEN QUESTIONS AND ANSWERS

Questions regarding the meaning or interpretation of any Request for Proposal provision must be submitted in writing to Department of Correctional Services and clearly marked “RFP Number 115883 O3; Behavioral Health Services to Board of Parole clients Questions”. The POC is not obligated to respond to questions that are received late per the Schedule of Events.

Bidders should present, as questions, any assumptions upon which the bidder’s proposal is or might be developed.

Any proposal containing assumptions may be deemed non-responsive. Non-responsive proposals may be rejected by the State. Proposals will be evaluated without consideration of any known or unknown assumptions of a bidder.

The contract will not incorporate any known or unknown assumptions of a bidder.

Questions should be uploaded using the ShareFile link provided in the RFP Schedule of Events, Section I.C.

It is recommended that bidders submit questions using the following format:

RFP Section Reference

RFP Page Number Question

Written answers will be posted at https://das.nebraska.gov/materiel/bidopps.html per the Schedule of Events.

E. “SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS

All bidders must be authorized to transact business in the State of Nebraska and comply with all Nebraska Secretary of State Registration requirements. The bidder who is the recipient of an Intent to Award may be required to certify that it has complied and produce a true and exact copy of its current (within ninety (90) calendar days of the intent to award) Certificate or Letter of Good Standing, or in the case of a sole proprietorship, provide written documentation of sole proprietorship and complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at:

https://das.nebraska.gov/materiel/docs/pdf/Individual%20or%20Sole%20Proprietor%20United%20States%20Attest ation%20Form%20English%20and%20Spanish.pdf This should be accomplished prior to execution of the contract.

F. ETHICS IN PUBLIC CONTRACTING

The State reserves the right to reject proposals, withdraw an intent to award or award, or terminate a contract if an ethical violation has been committed, which includes, but is not limited to:

1. Offering or giving, directly or indirectly, a bribe, fee, commission, compensation, gift, gratuity, or anything of value to any person or entity in an attempt to influence the bidding process;

2. Utilizing the services of lobbyists, attorneys, political activists, or consultants to influence or subvert the bidding process;

3. Being considered for, presently being, or becoming debarred, suspended, ineligible, or excluded from contracting with any state or federal entity:

4. Submitting a proposal on behalf of another Party or entity; and

5. Colluding with any person or entity to influence the bidding process, submit sham proposals, preclude bidding, fix pricing or costs, create an unfair advantage, subvert the proposal, or prejudice the State.

The bidder shall include this clause in any subcontract entered into for the exclusive purpose of performing this contract.

Bidder shall have an affirmative duty to report any violations of this clause by the bidder throughout the bidding process and throughout the term of this contract for the awarded bidder and their subcontractors.

G. DEVIATIONS FROM THE REQUEST FOR PROPOSAL

The requirements contained in the Request for Proposal (Sections II thru VI) become a part of the terms and conditions of the contract resulting from this Request for Proposal. Any deviations from the Request for Proposal in Sections II through VI must be clearly defined by the bidder in its proposal and, if accepted by the State, will become part of the contract. Any specifically defined deviations must not be in conflict with the basic nature of the Request for Proposal, requirements, or applicable state or federal laws or statutes. “Deviation”, for the purposes of this Request for Proposal, means any proposed changes or alterations to either the contractual language or deliverables within the scope of this Request for Proposal. The State discourages deviations and reserves the right to reject proposed deviations.

H. PRICES & COST CLARIFICATION

Discount and Price provisions are discussed in Section II. E. & F. The State reserves the right to review all aspects of cost for reasonableness and to request clarification of any proposal where the cost component indicates a significant and unsupported deviation from industry standards or in areas where detailed pricing is required.

DocuSign Envelope ID: 5DD3CFA0-35E3-49A1-8A36-2DF8B72FA1CA https://das.nebraska.gov/materiel/bidopps.html https://das.nebraska.gov/materiel/docs/pdf/Individual%20or%20Sole%20Proprietor%20United%20States%20Attestation%20Form%20English%20and%20Spanish.pdf https://das.nebraska.gov/materiel/docs/pdf/Individual%20or%20Sole%20Proprietor%20United%20States%20Attestation%20Form%20English%20and%20Spanish.pdf

I. SUBMISSION OF PROPOSALS

The State is only accepting electronic responses submitted in accordance with this RFP. The State will not accept proposals by mail, email, voice, or telephone, unless otherwise explicitly stated in writing by the State.

Pages may be consecutively numbered for the entire proposal or may be numbered consecutively within sections.

Figures and tables should be numbered and referenced in the text by that number. They should be placed as close as possible to the referencing text. The Technical Proposal should not contain any reference to dollar amounts.

However, information such as data concerning labor hours and categories, materials, subcontracts and so forth, shall be considered in the Technical Proposal so that the bidder’s understanding of the scope of work may be evaluated.

The Technical Proposal shall disclose the bidder’s technical approach in as much detail as possible, including, but not limited to, the information required by the Technical Proposal instructions.

It is the bidder’s responsibility to ensure the RFP is received electronically by the date and time indicated in the Schedule of Events. Proposals must be submitted via ShareFile by the date and time of the proposal opening per the Schedule of Events. No late proposals will be accepted.

It is the responsibility of the bidder to check the website for all information relevant to this RFP to include addenda and/or amendments issued prior to the opening date. The website can be found here:

https://das.nebraska.gov/materiel/bidopps.html.

Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to requirements, completeness, and clarity of content. If the bidder’s proposal is presented in such a fashion that makes evaluation difficult or overly time consuming the State reserves the right to reject the proposal as non-conforming.

1. Bidders must submit responses via ShareFile using the proposal submission link.

Note to bidders: Not all browsers are compatible with ShareFile. Currently Chrome, Internet Explorer and Firefox are compatible. After the bidder clicks the proposal submission link, the bidder will be prompted to enter contact information including an e-mail address. By entering an e-mail address, the bidder should receive a confirmation email confirming the successful upload directly from ShareFile.

ShareFile link for uploading RFP response(s) provided in the RFP Schedule of Events, Section I.C.

a. Cost Proposal and Proprietary information should be uploaded as separate and distinct files.

i. If duplicated proposals are submitted, the State will retain only the most recently submitted response.

ii. If it is the bidder’s intent to submit multiple proposals, the bidder must clearly identify the separate submissions.

iii. It is the bidder’s responsibility to allow time for electronic uploading. All file uploads must be completed by the Opening date and time per the Schedule of Events. No late proposals will be accepted.

b. ELECTRONIC PROPOSAL FILE NAMES

The bidder should clearly identify the uploaded RFP proposal files.