11. Hearing_Officer_ RFR.doc

Document Title:

Request For Response For Hearing Officers COMMBUYS Bid#:

BD-18-1022-DMH08-8210C-19004

DMH Document Number:

RFR# 2018-DMH-3005-01

DATE:

August 15, 2017

Contact Name:

Gregory Drouin Address:

Department of Mental Health

Central Office

Contracts Unit 3rd Floor

25 Staniford Street

Boston, Ma 02114

Fax:

(617) 626-8014

Email: gregory.drouin@state.ma.us

1SECTION 1

REQUEST FOR RESPONSE (RFR) SUMMARY

11.1 Issuing Entity/Contact Person and RFR Distribution

21.2 Description and Purpose of Procurement

31.3 Procurement Information

51.4 Procurement Time Table

8SECTION 2

BIDDER’S QUALIFICATIONS AND PROGRAM DESCRIPTION

82.1.

Bidder’s Qualifications:

82.2 Services To Be Provided

102.3 Direction and Status Reports

102.4.

Other Programmatic Specifications

112.5 Fiscal Specification

12SECTION 3

RESPONSE REQUIREMENTS

123.1 Submission Requirements

123.2 Response Contents

14SECTION 4

EVALUATIONS OF RESPONSES

144.1 Review Process

144.2 Contract Award Decision and Award Notification

15SECTION 5

CONTRACTING POLICIES

155.1 Mandatory Contract Provisions

155.2 Completion of Work

155.3 Contract Authorization and Effective Start Date

Attachments:

Authorization for Electronic Funds Payment

Business Reference Form

Commonwealth Terms and Conditions

Commonwealth of Massachusetts Standard Contract Form and Instructions

Contractor Authorized Signatory Listing

Department of Mental Health Business Associate Terms and Conditions For Hearing Officers MA Substitute Form W-9

Operational Services Division (OSD) RFR Required Specifications For Commodities and Services (October 9, 2015)

OSD Instructions for Vendors Responding to Bid’s via COMMBUYS

RFR Cover Sheet

SECTION 1

REQUEST FOR RESPONSE (RFR) SUMMARY

1.1 Issuing Entity/Contact Person and RFR Distribution

Issuing Entity:

Department of Mental Health

RFR File Title:

Request For Response For Hearing Officers I. COMMBUYS Bid#

BD-18-1022-DMH08-8210C-19004

DMH RFR File Number:

RFR#2018-DMH-3005-01

Contact Person:

Gregory Drouin Address:

Department of Mental Health

Att: Gregory DrouinCentral Office

Contracts Unit 3rd Floor

25 Staniford Street

Boston, Ma 02114

Fax #:

617-626-8014

E-Mail Address:

gregory.drouin@state.ma.us Date:

August 15, 2017

This Bid has been released on COMMBUYS. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at https://www.commbuys.com/bso/. For more information on COMMBUYS, see the OSD RFR - Required Specifications included in this Bid’s COMMBUYS File. In COMMBUYS, a “Bid” refers to the solicitation, Request for Response (RFR) or procurement. All Attachments to the RFR are included in the Bid’s COMMBUYS File.

Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Response.

Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in Attachment A of the RFR. All attachments to this RFR are in included in the Bid’s COMMBUYS file. A list of all attachments that were included when this RFR was issued is set forth at the end of the Table of Contents.

1.2 Description and Purpose of Procurement

The purpose of this RFR is to create a pool of individuals that DMH may use for hearing officers. DMH will enter into contracts with those individuals it determines are qualified, interested and available to conduct fair hearings involving DMH and/or individuals seeking or receiving DMH services. The DMH General Counsel, or designee, will assign hearings to hearing officers in writing by a letter or by e-mail.

Hearing officers must be impartial. When required by statute, regulation, policy or by the DMH General Counsel, or his/her designee, hearings conducted by hearing officers must be in accordance with MGL c. 30A; the applicable standard Adjudicatory Rules of Practice and Procedures set forth at 801 CMR 1.00 et seq.; and such other state statues, regulation and policies as the DMH General Counsel, or his/her designee, may specify.

The types of hearings that a hearing officer may conduct include, but are not limited to:

i. appeals of denial of services under 104 CMR 29.00 et seq.,

ii. appeals related to DMH service planning under 104 CMR 29.00 et seq.,

iii. appeals under the Community Residence Tenancy Law, M.G.L. c.186, Section 17A,

iv. appeals related to denial, suspension or revocation of status as a Designated Forensic Psychiatrist or Psychologist or a Certified Juvenile Court Clinician, pursuant to 104 CMR 33.00, et seq.,

v. appeals to DMH regarding contract award decisions made under a DMH issued Request for Response, pursuant to DMH procedures and 801 CMR 21.00, et seq., and

vi. appeals of DMH licensing decisions pursuant to 104 CMR 28.13(13).

Hearing officers will be responsible for rendering timely written decisions based on the issues and evidence and in accordance with the applicable statutes, regulations and policies.

Hearing officers will be appointed on an “as needed based” and will be paid only for services rendered when used. (For more information see Subsections 1.4 and 2.5.). The award of a contract does not commit DMH to purchase any services. DMH reserves the right to accept or reject any and all responses received as a result of this RFR, to negotiate with any or all Bidders and to cancel the RFR if it is in the best interest of the Commonwealth to do so. In determining when to use a particular hearing officer for a hearing, DMH will consider the following: the proximity of the hearing officer to the parties involved; the hearing officer’s availability, expertise and past performance; and the needs of DMH. The DMH General Counsel, or designee, will assign hearing officers to a hearing in writing by a letter or e-mail.

This RFR is new. It is not a re-issuance. An individual having a contract awarded under the current Department of Mental Health Hearing Officer Services Request for Response (DMHHEARINGOFFICERS, COMMBUYS #110839-vCurrent, issued September 10, 2007) who would like to continue as a hearing officer for DMH, must submit a response to this RFR. After October 15, 2017, new hearings will be assigned only to hearing officers that hold a contract under this RFR.

1.3 Procurement Information

1.3.1 Applicable Procurement Law. This Bid is issued under the following law(s): MGL c. 7, § 22; MGL c. 30, §§ 51-52; 801 CMR 21.00.

1.3.2 Single or Multiple Contractors.

____ Single Contractor ___X__ Multiple Contractors 1.3.3 Eligible Entities.

Limited User Contract – Restricted to Use by Defined Entities Only. Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities:

· Executive Office of Health and Human Service Agencies

The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

Limited User Contract – Restricted to Use by Issuing Entity Only.

1.3.4 Acquisition Method. The acquisition method to acquire services from this Bid is fee for service, based on a prescribed Unit Rate (described in more detail in Subsection 2.5).

The Unit Rate covers all services required to be delivered by Contractors.

Federal funds __X_ WILL NOT be used to fund part/all of Contract(s).

1.3.5 Contract Duration. The duration of a contract awarded as a result of this RFR may be potentially for 9 years and 7 months and 15 days. The duration will depend on when a particular contract is awarded. The duration of a contract issued under this RFR will be from its Effective Date (as defined in Subsection 5.3) up to the termination date of the RFR, June 30, 2027.

All contracts entered into as a result of this RFR are subject to appropriations and the performance of the Contractor on an on-going basis.

1.3.6 RFR Forms & Terms. All forms and terms included as attachments in the bid’s COMMBUYS file of this RFR are expressly incorporated herein by reference and made a part of this RFR. These forms and terms include, but are not limited to, the following:

· Authorization for Electronic Funds Payment

· Business Reference Form

· Commonwealth Terms and Conditions

· Commonwealth of Massachusetts Standard Contract Form and Instructions

· Contractor Authorized Signatory Listing

· Department of Mental Health Business Associate Terms and Conditions For Hearing Officers

· MA Substitute Form W-9

· Operational Services Division RFR Required Specifications For Commodities and Services (October 9, 2015).

· OSD Instructions for Vendors Responding to Bid’s via COMMBUYS

· RFR Cover Sheet

1.3.7 Ownership of Submitted responses. All materials submitted by Bidder become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. DMH shall be under no obligation to return any response or materials submitted by a Bidder in response to this Bid.

Responses stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.

1.3.8 Prohibitions. Bidders are prohibited from communicating directly with any employee of DMH regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person using the contact information provided in the Header Information of this RFR in the event that this RFR is incomplete or information is missing. (See Subsection 1.1 for DMH contact information). Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should email the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or call during normal business hours (8AM – 5PM Monday – Friday) at 1-888-627-8283 or 617-720-3197.

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting an Response, the Bidder certifies that the Response has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course of action with, any other Bidder of the services described in the RFR.

1.4 Procurement Time Table

1.4.1 Procurement Calendar.

Questions submitted after August 22, 2017, will be responded to as is appropriate and necessary. DMH expects to review questions at a minimum every 90 days.

Questions may be submitted up to March 1, 2027, 4 p.m.

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

1.4.2 Written Questions Via the Bid Q&A on COMMBUYS. The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from DMH regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked as specified in Subsection 2.1. DMH reserves the right not to respond to any questions asked. It is the Bidder’s responsibility to verify receipt of questions.

Please note that any questions submitted to DMH using any other medium (including those that are sent by mail, fax, email or voicemail) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. DMH reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

It is the responsibility of the prospective Bidder/Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the prospective Bidder’s contact person and prospective contract manager, if awarded a MA, and to monitor that email inbox for communications from the DMH or if applicable, other Purchasing Department(s), including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder/Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder/Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

Locating Bid Q&A:

Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

Note: Generally any other communications with DMH about the Bid are prohibited. See OSD RFR - Required Specifications, “Bidder Communications,” for more information. The OSD Required Specifications are included in the COMMBUYS file for this Bid.

1.4.3 Physical Bidders’ Conference (in person). A Bidder’s conference will not be held.

1.4.4 Bid Amendments, Withdrawal, Cancellation. DMH reserves the right to make amendments to the RFR after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this RFR. DMH and the Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Response based on an out-of-date Bid or on information received from a source other than COMMBUYS.

This RFR does not commit DMH to enter into any Contracts or to pay any costs incurred in the preparation of a Response. DMH reserves the right to accept or reject any and all Responses received as a result of this RFR, to negotiate with any or all qualified Bidders.

SECTION 2

BIDDER’S QUALIFICATIONS AND PROGRAM DESCRIPTION

2.1.

Bidder’s Qualifications

To qualify as a hearing officer, a Bidder, at a minimum, must possess the following qualifications:

a.

Be a member of good standing of the Massachusetts State Bar with at least two (2) years of experience practicing law (appellate work, administrative or judicial, is desirable);

OR

have a Bachelor’s Degree with five (5) years of experience conducting administrative hearings.

b. Demonstrated ability to analyze complex factual issues, apply laws and regulations, exercise discretion, handle confidential materials, work independently and meet established deadlines.

c. Demonstrated superior communication skills, both verbal and written.

d. Demonstrated superior interpersonal skills, including the ability to conduct hearings professionally and courteously.

e.

Have a valid Class 3 Massachusetts Motor Vehicle operator’s license, have a vehicle and be available to travel throughout the Commonwealth to scheduled hearings.

2.2 Services To Be Provided Hearing officers awarded a contract under this RFR will be required to provide the services set forth in this Subsection 2.2.

a.

Hearing officers must be able to conduct administrative hearing regarding any of the following matters:

i. appeals of denial of services under 104 CMR 29.00 et seq.,

ii. appeals related to DMH service planning under 104 CMR 29.00 et seq.,

iii. appeals under the Community Residence Tenancy Law, M.G.L. c.186, Section 17A,

iv. appeals related to denial, suspension or revocation of status as a Designated Forensic Psychiatrist or Psychologist or a Certified Juvenile Court Clinician, pursuant to 104 CMR 33.00, et seq.,

v. appeals to DMH regarding contract award decisions made under a DMH issued Request for Response, pursuant to DMH procedures and 801 CMR 21.00, et seq., and

vi. appeals of DMH licensing decisions pursuant to 104 CMR 28.13(13).

b.

Hearing officers must conduct such other administrative hearings and perform related duties involving DMH and/or DMH clients as may be requested by the DMH General Counsel or his/her designee.

c.

If required by the relevant statutes, regulations and/or policies, hearings must be conducted in accordance with M.G.L. c. 30A, and all applicable regulations, including but not limited to, the Standard Adjudicatory Rules of Practice and Procedure set forth at 801 CMR 1.00, et. seq. In addition, the DMH General Counsel, or his /her designee, may require hearing officers to conduct any hearing in such a manner although it is not required by the applicable statutes, regulations and/or policies.

d.

Hearing officers must conduct hearings in a manner that assures the rights of all parties are protected. Hearing officers shall assist the parties in stating their cases and ensure that all parties have a full opportunity to present evidence. This means hearing officers need to elicit all relevant documentary evidence and pertinent testimony regarding the issues in controversy.

e.

Hearing officers must be able to review all information and evidence presented, and apply the relevant statues, regulations and/or policies to that information and evidence.

f.

Hearing officers must make all the necessary arrangements for each hearing they are assigned, including, but not limited to, providing appropriate notices to all parties regarding such hearings, arranging for a space to for the hearing, setting up the space, etc.

g. Hearing officers are responsible for rendering written (and typed) decisions based on the issues and evidence and in accordance with the applicable statues, regulations and/or policies. All decisions must be written in the manner required by the applicable statutes, regulations or policies or as otherwise specified by the DMH General Counsel, or his/her designee. Unless the applicable statutes, regulations and/or policies states that the decision of a hearing officer is the final decision of the DMH (final decision), a decision shall be written as a recommendation to the DMH Commissioner (recommended decision). A decision, at a minimum, shall include a summary of the evidence presented, findings of fact, and conclusions of law (if a final decision or if a recommended decision the proposed conclusions of law), and the decision (if a final decision, otherwise the recommended decision) and the reasons for the decision (or the recommended decision). All decisions must be submitted to the DMH General Counsel, or his/her designee, at least five (5) business days before DMH is required to render a decision in accordance with applicable statutes, regulations and/or policies. If no time frame is provided, a decision (final or a recommendation) must be completed and submitted within twenty (20) days of the close of the hearing. The DMH General Counsel, or his/her designee, will further distribute decisions to the DMH Commissioner and the parties of the appeals as appropriate.

h.

Hearing officers must ensure that audio recordings are made of all hearings and that there is otherwise a proper record of the proceedings (date, time, place, parties present, etc.). The original audio recordings and records of the proceedings and the exhibits submitted at the hearing (if not submitted with the applicable decisions) must be submitted with the invoices required by Subsection 2.5.

i.

Hearing officers are responsible for maintaining copies of all hearing decisions in a manner that is consistent with the Commonwealth terms and Conditions.

j.

Hearing officers must abide by DMH confidentiality and privacy regulations and policies. See the Department of Mental Health Business Associate Terms and Conditions included in the Bid’s COMMBUY File as an attachment.

2.3 Direction and Status Reports a.

Hearing officers will work under the general direction of the DMH General Counsel, or his/her designee, and at such locations as may be designated by the DMH General Counsel, or his/her designee.

b.

Upon request, a hearing officer shall provide the DMH General Counsel, or his/her designee, with a written status report of any hearing he/she has been assigned, and must meet with the General Counsel, or his/her designee(s), as the DMH General Counsel, or his/her designee(s), determines is necessary.

2.4.

Other Programmatic Specifications a.

DMH reserves the right to terminate the contract of any hearing officer who provides legal representation to or expert testimony for any individual or agency in a matter involving DMH and to disqualify from a particular hearing any hearing officer that DMH determines may have a conflict of interest. Hearing officers will have an on-going affirmative duty to disclose all potential conflicts of interest to the DMH General Counsel or his/her designee.

b.

To ensure hearing officers’ compliance with the scope of services to be rendered under the contracts issued as a result of this RFR, every hearing officer’s performance will be measured according to the following criteria:

i.

A demonstrated ability to draft clear and concise decisions applying the relevant rules to the information presented and to do so within a reasonable amount of billable hours commensurate with the complexity of the case;

ii.

A demonstrated ability to work with DMH clients or Bidders and/or their designated representatives, DMH service providers and DMH staff;

iii. A demonstrated ability to submit written decisions according to applicable statutes, regulations and/or policies;

iv.

A demonstrated ability to work within stated timeframes; and iv.

Compliance with DMH confidentiality and privacy regulations and policies.

2.5 Fiscal Specification

a. Hearing officers will be reimbursed based on an hourly rate of Ninety-Seven Dollars ($97.00) per hour. This hourly rate is an all-inclusive rate for administrative functions, preparing for the hearing, conducting the hearing, analyzing data and writing the decision, etc. DMH will not pay for travel costs and/or mileage. (DMH reserves the right to adjust/change any requirement of 2.5 (a) throughout the duration period of any contract awarded through this procurement).

b. DMH will not be liable to hearing officers for a cancellation fee for any hearing that for some reason is cancelled.

c. A qualified individual must have an executed contract with DMH prior to the delivery and/or invoicing DMH for services.

d. To be able to bill and be paid for a particular hearing, the hearing officer must have been assigned to do the hearing in writing by a letter/email sent to him or her from the DMH General Counsel or designee.

e. Hearing officers are responsible for maintaining complete and accurate records of the time they spend on appeals and hearings.

f. Hearing officers shall invoice DMH for services rendered at the conclusion of an appeal. It is preferred that invoices be submitted when the written decisions are submitted. The Massachusetts Voucher Input Form must be used for invoicing DMH. Audio recordings of the hearings and exhibits submitted at the hearings must be submitted with the invoices if not previously submitted at the time the decision was submitted to the General Counsel pursuant to Subsection 2.2 g.

SECTION 3

RESPONSE REQUIREMENTS

3.1 Submission Requirements

A Bidder must submit their response in two ways:

a.

Hard-Copy Response. A hard-copy response must be submitted in a package/box labeled with a copy of the completed RFR Response Cover Sheet to:

Maureen Giacchino

Department of Mental Health

Central Office

Contracts Unit 3rd Floor

25 Staniford Street

The response cover sheet can be found in the COMMBUYS File under Attachments. The hard copy response shall include the original response and one complete copy.

b.

Electronic Response. An electronic response must be submitted on COMMBUYS in accordance with the OSD Instructions for Vendors Responding to Bid’s via COMMBUYS, included in the Bid’s COMMBUYS’ file. The original documents should be submitted as part of the hard copy response.

If there is a conflict between the electronic response and the hard copy response, the electronic response will control.

3.2 Response Contents

The Response must consist of the following:

a.

Qualifications Statement (not to exceed three (3) pages). A Bidder must submit a statement explaining why the Bidder believes that he/she meets the qualifications set forth in Subsection 2.1 and can provide the services described in Subsections 2.2 - 2.5. It is preferred that a Bidder detail his/her experience with administrative hearings, mediations, etc. The statement should include specifics, such as dates of all applicable experiences and the employers for whom the services were rendered. This statement must be type-written, 12 point font, on 81/2x11 inch paper, single-sided, with at least one inch margins. The statement may be either single or double spaced.

b.

Business Reference Form. This form is available under the Bid’s COMMBUYS file under “Attachments”. It must be completed with a minimum of three references. DMH may at its option check with these references and any additional references that it knows or becomes aware of in the course of checking with these references.

c.

A Current Resume (not to exceed two (2) pages) d.

Writing Sample. One writing sample evidencing the analytical and writing skills discussed in Subsection 2.2 must be submitted. If the Bidder has actual experience conducting a fair hearing, a photocopy of a decision (property redacted) must be submitted as a writing sample.

e.

A Debarment Statement. The Bidder must certify that he/she is not now and has never been subject to any state or federal debarment order or determination regarding state or federal procurement and contracting, or else a statement detailing the dates and circumstances of any such debarment.

f.

Contract Forms. The following forms must be downloaded from the Bid’s COMMBUYS file, completed and submitted with a response:

i.

Standard Contract Form ii.

Commonwealth of Massachusetts Terms and Conditions. If a Bidder has previously executed and filed this document with the Commonwealth, the Bidder only needs to indicate the date that the form was executed in his/her response. A Bidder is required to execute the Commonwealth iii.

Completed MA Substitute W-9 Form iv.

Authorization for Electronic Funds Payment (optional). Allows for payments to be made to the Contactor electronically, which is the preferred method of payment for all payees doing business with the Commonwealth.

v.

Contractor Authorized Signature Verification Form.

g.

Massachusetts Board of Bar Overseer’s Bar Card. If applying as an attorney, the Bidder must submit a copy of his/her Massachusetts Board of Bar Overseer’s bar card.

h.

Driver’s License. A Bidder must submit a copy of his/her driver’s license.

DMH may request evidence of advance degrees and/or licenses.

SECTION 4

EVALUATIONS OF RESPONSES

4.1 Review Process In choosing to award contracts under this RFR, the DMH Central Office Contract Unit will first determine if a Bidder’s response satisfies all submission requirements set forth in Subsection 1.1 and Section 3. A response that does not meet the submission requirements may be considered non-responsive and may be disqualified without further evaluation. The DMH General Counsel, or his/her designee(s), may, at his/her discretion, determine that noncompliance is insubstantial and can be corrected, or that an alternative proposed by the Bidder is an acceptable substitute. In such case, the DMH General Counsel, or his/her designee(s), may seek clarification and/or allow the Bidder to make minor corrections. In electing to award contracts, the DMH General Counsel, or his/her designee(s), will then evaluate a response based on the following criteria.

a.

The quality of the Bidder’s relevant background, education, training, and experience relevant to the requirements of this RFR.

b.

The quality and adequacy of the statements, documentation and completed forms necessary to meet the requirements Subsections 2.1 and 2.2.

c.

Quality of the writing sample submitted.

d. Whether the Bidder is now or has ever been subject to any State of Federal debarment order or determination, including the dates and circumstances of any such debarment. (Note: the Commonwealth is prohibited from contracting with a Bidder currently subject to a State or Federal debarment order or determination).

e.

The evaluations furnished by the Bidder's references and by other individuals with relevant information.

4.2 Contract Award Decision and Award Notification

The decision to award or not ward a contract is the decision of the DMH General Counsel. All Bidders who submit responses to the RFR will be notified in writing of the contract award decision regarding their responses. A list of qualified hearing officers (Bidders awarded contracts) will also be posted on COMMBUYS on or about October 15, 2017, and will be periodically up-dated over the RFR Procurement Period.

SECTION 5

CONTRACTING POLICIES

5.1 Mandatory Contract Provisions

A contract will consist of the following:

· Commonwealth Terms and Condition;

· Standard Contract Form;

· MA Substitute Form W-9;

· The RFR and all attachments;

· Bidder’s response to the RFR and all attachments;

· Additional Department of Mental Health Contract Terms;

· Other terms and conditions which both parties agree upon. These terms and conditions must be in writing;

· Contractor Authorized Signatory Listing;

· Department of Mental Health Business Associate Terms and Conditions; and

· Letter(s) or email(s) from the DMH General Counsel or designee to the hearing officer assigning a hearing to the Contractor.

5.2 Completion of Work

Upon the termination of a contract, a hearing officer must work cooperatively with any successor hearing officer to ensure an orderly transition and that services are not interrupted. This requirement shall survive the expiration or termination of the contract.

5.3 Contract Authorization and Effective Start Date

The effective start date of any contract that result from this procurement will be the latest of the following dates:

· The date the Standard Contract Form is executed by the authorized signatory of the Bidder;

· The date the Standard Contract Form is executed by the authorized signatory of DMH;

· The date the contract receives EOHHS approval; or

· The start date specified in the contract.

Services under the contract(s) may not be rendered until the effective start date, as specified above. Bidders will receive written notification of the effective start date.