FY12 NMW RFP Q A.docx

1. Would the Department consider reducing the bond requirements, or alternatively, would the Department be open to negotiating other methods that might be less expensive and protect the State equally well against poor performance? This requirement is negotiable during contract negotiations.

2. Would the Department consider a performance-based contract? The Department would consider a performance-based contract once the Department has had an opportunity to review the process for tracking reimbursements based on performance. The Department does not anticipate reviewing such process by the September 1, 2011 deadline.

3. Is there flexibility on the administrative cap? There may be some room for negotiation on the administrative fee cap, but still close to 10%, depending on the terms of the contract as a whole.

4. Paragraph 3 of this section states this is a one-year contract. Paragraph 5 (in italics) says that the Department reserves the option of renewing the initial contract or portion thereof for up to two (2) one-year extensions for a total of four (4) years. Please clarify the time span for base contract term and extensions. Correction: “for a total of three (3) years.” An amendment to the RFP will be issued.

5. Can the Department provide the number of volunteer E&T placements anticipated for each activity in 2011? As of April 2011, 714 E&T volunteer participants were served statewide. We do not have a breakdown by activity.

6. What is the amount to be allocated to the NMW Contractor for services to be provided to SNAP E & T participants for this contract? The total E & T funding for FY ’12 cannot exceed $900,000. The actual amount to be allocated may be negotiated.

7. How long is the HSD Technical Training? Ongoing as needed.

8. Will HSD train all NMW staff or just a select few? HSD will schedule training for staff selected by NMW contractor.

9. Where is the training conducted? Training may be conducted at regional ISD field offices or at the central office in Santa Fe.

10. Would the Department agree that if rules, policies, procedures, guidelines or changes in regulations in laws affect the cost of providing the services, then the Department will make an equitable adjustment in compensation? The appropriation to the NMW Program from the TANF Block Grant is made legislation only during the legislative session.

11. Would the Department agree to pay the undisputed amount of an invoice within 30 calendar days after receipt of that invoice? “The Agency will make every effort to make payment to the Contractor within 30 days from receipt of a correct invoice, “pursuant to the Professional Services Contract (PSC), Page 100, Paragraph 2B, Compensation.

12. May Contractor have at least 30 days to cure a breach of contract? Pursuant to the PSC, Page 102, Paragraphs, O, P and Q:

· “O. In the Agency’s “Notice”, the Agency will require the Contractor to develop and implement an effective corrective action plan (CAP) that will ensure compliance with identified deficiencies. The Agency may implement the payment sanctions described by this PSA no sooner than 60 days after the date of request for a CAP.

· P. If after 60 days from the date of request for a corrective action plan the Contractor has not come into compliance, the Agency will withhold a percentage of funds for each thirty-day (30-day) period the Contractor remains in non-compliance with any deficiencies addressed in the CAP. At a minimum the withholding is specific to the portion of funding being requested for the non-compliant county specific service area. The Agency shall withhold 10% of the Contractor’s reimbursement for the first month, 15% of the Contractor’s reimbursement for the second month, and 20% of the reimbursement for the third month.

· Q. If by the end of the third month of withholding, the Contractor has not come into compliance, the Agency may elect any of the following remedies:

· 1) Proceed to termination under Paragraph 8 of this PSA, and the Contractor shall have forfeited all funds withheld; or

· 2) Withhold 20% of the reimbursement for subsequent months for not only the non-compliant county but for the entire service area. “

13. Would the Department clarify that the Contractor retains ownership of materials, work papers, meeting notes, program documents, training manuals or materials or programs, procedures, and system processes developed prior to the effective date of the Professional Services Contract and without federal funds and in each case, may use them for purposes of performing the Professional Services Contract without losing ownership of them? This is a reasonable request and is suitable for negotiation.

14. Would the Department clarify the meaning of the term “client” and how that term differs from “subcontractors or agents” and, in any event, that indemnification obligations with respect to clients, like other indemnification obligations, apply only as a result of a negligent act or failure to act? “Client” refers to recipients of benefits or services and the Department does not see any confusion between the terms.

15. Would the Department agree that neither party will be liable for special, indirect, incidental, consequential, punitive, or exemplary damages (including loss of profits, loss of revenue, or loss of good will) for any claim, whether based on warranty, contract, tort (including negligence), strict liability, or otherwise? No, the State cannot indemnify a contractor.

16. Would the Department agree that neither party shall be liable for delays in performance, or the inability to perform, arising out of causes beyond its reasonable control and without its fault or negligence? The Department defers to the language in the PSC.

17. Would the Department/State consider extending the deadline an additional two weeks for proposal responses? Yes, the deadline for submission of the proposal is being extended to May 31, 2011. An amendment to the RFP will be issued.

18. On page 67 in the Education and Training Track, Section A lists GED/High School as an activity in item number 4. Section B states 30% of the TANF work-eligible caseload may be enrolled in this track. Could a TANF parent who is not a Teen Parent be enrolled in this track as a primary activity subject of course to the 30% caseload limitation? No, GED is not a core activity.

19. On page 68 in the Job Skills Training Directly related to Employment Section there are eight allowable education and training activities listed that a TANF parent may engage in “If required by an employer.” Please define what would constitute required by an employer, for example would someone already have to have a job, or a job offer subject to attaining a GED to meet this definition, or would desiring to obtain a job that required a GED meet this definition? To obtain employment or to advance or adapt to employer requirements.

20. Will there be space available in ISD offices for contractor staff? Yes. Currently, all NMW are co-located in ISD offices, except the Espanola and Anthony locations.

21. On page 84 costs for training CDSs is listed as a program cost. Would wages and or salary of a Trainer(s) be considered a program cost? Yes.

22. Page 87 states that HSD will provide funding to develop a data management collection and reporting system. Is there an existing system that could be used in lieu of purchasing a new system? Is there a mechanism or means in place to transfer data from the existing system to a new system? The current system being used by the NMW program staff is called “Works Plus”. HSD does not directly contract with the software developer of Works Plus. Interested parties would need to contact the developer directly.

23. What is the funding allocation for the current fiscal year, and the projection for fiscal year 2011-12? The legislative appropriation for 2012 is $9.2 million. The appropriation for 2011 was $12.0 million.

24. Page 86 states that “if client access to the internet is required for job search purposes on computers which are co-located in HSD field offices, service provider must provide computer (s) connected to a separate HSD internal network for job search activities:” Are their existing internal networks available? What costs might be associated with accessing these separate internal networks? Some offices have lobby computers available for job search. HSD intends to install lobby computers throughout the State in ISD offices. There are no costs associated to connect to a separate HSD network.

25. Page 13 states all major sub contractors must be identified. Can substitutions be made if original sub contractors are not willing and or able to proceed with fulfilling the contract? Yes, with prior approval from the Department.

26. Page 54 lists the following staff positions as required in order to provide comprehensive services: Career Development Specialists, Career Development Specialist Supervisors, Job Developers, and QC Specialists. Are their existing salary ranges for these positions? And if so what would be the salary ranges for these positions? HSD has salary ranges for HSD employees, but does not impose a salary range for contractors.

27. The RFP states that there are an estimated 13,000 TANF recipients statewide. Can provide us with a break down, specifically how many TANF recipients per geographic region that we can bid on? This is a statewide RFP. Bids will only be accepted for statewide services. Statistical data pertaining to TANF NMW Program are available in the Monthly Statistical Report (MSR) through the following link:

http://www.hsd.state.nm.us/isd/reports.html

28. Can a vendor bid on one region of the state? This is a statewide RFP. Bids will only be accepted for statewide services.

29. Within the RFP, there are performance standard rates listed, specifically on page 90 of the RFP. Is the state requiring these rates or are these target rates? Other than the federal participation requirements, all other rates specified in the RFP and in the attached SOW are target rates.

30. What is the total funding amount for the State? By region if it is acceptable to bid on by region? This is a statewide RFP. Bids will only be accepted for statewide services. The FY’12 legislative appropriation for the NMW Program is $9.2 million. Please refer to House Bill 2. http://www.nmlegis.gov/lcs/BillFinderNumber.aspx

31. When can we expect to receive the budget forms? Attached to the Q & A.

32. Can we co-locate in State offices? If so, please provide information on space availability per location, and also on what equipment and furnishings will be available at each? Location in State offices is preferred. All current NMW providers are co-located in ISD offices except for Espanola and Anthony. All equipment and furnishings purchased with TANF funds will remain in those offices.

33. Is HSD eligible to bid on this project? HSD is not bidding on this project.

34. Will HSD provide a list of current Community Work Experience sites being used? All current NMW service providers develop their own Community Service and Work Experience placements.

35. Pg. 2 - C. Performance Outcomes - #2:

· Does the requirement to meet 60% placement goal during first year, include only unsubsidized employment? No.

· What is current placement rate and wage at placement? See MSR.

· Also, what is your current retention rate of those placed? See MSR.

· Where does the inventory of job openings reside currently and what is the average number of openings listed each month? Each NMW service provider creates their own list of job openings.

· If the state faces financial penalties for not meeting participation rate, what all is covered under liquidated damages? Support services, administrative costs, TANF benefits? HSD will be guided in its request for liquidated damages by those elements specified in the federal audit.

36. Pg. 2-3 - D – Summary Scope of Work:

· What is the current sanctioning rate? See MSR.

· How are non-custodial parents referred to the program? Voluntary and through referrals from partner agencies, such as Child Support Enforcement Division (CSED).

37. Pg. 4 - E. Scope of Procurement:

What current assessments are being administered currently? A comprehensive assessment (attached to Q&A), and employability assessments through referrals to the regional One-Stop offices.

38. How will the service provider be notified that eligibility has been determined? About how long will this notification take? Client eligibility is determined by regulations in the New Mexico Administrative Code. Service provider will have access to reports that list newly approved clients.

39. What are the performance standards for SNAP? Currently the SNAP Program is a voluntary program. Please refer to Section 14 of the SOW.

40. How is deeming captured? Should the client be placed in a community service or work experience activity, the case manager will calculate ((SNAP + TANF)/7.50) the maximum number of hours a client can participate in an FLSA activity during the month. Should the maximum participation hours fall short of the core hour participation requirement, that client will be eligible for deeming. The Federal Reporting Staff will make the final determination as to whether the client can be deemed. The basis for that determination will be (1) was the previously calculated maximum participation hours accurate for the Disagg month; and (2) did the client participate for the maximum number of hours allowable under FLSA. If factors (1) and (2) are met, the Federal Reporting Staff will report the hours deemed (core hour requirement – maximum FLSA hours = deemed hours) on the ACF-199. Deeming will be invisible to the client and the case manager will only determine what are the maximum allowable hours and ensure that the client participates for the maximum allowable hours.

41. With the 2 parent rate of 90%, how are disabled individuals treated? Are they exempt, or is the other parent exempt to care for them? If one parent is disabled and receiving SSI/OASDI in a 2 adult household, that parent would be a non-work-eligible individual and therefore it would be considered a single parent family and would not count towards the 2-parent rate. However, if one adult is disabled but not receiving SSI/OASDI, then it would be considered a 2-parent household and it would count towards the 2-parent rate.

42. The RFP shows exemptions for receipt of SSD and SSI, non-citizens not eligible for TANF and minor parents not head of household. Are there other exemptions such as needed in home to care for disabled family member and child under age of 12 months? The State follows federal regulations with respect to participation. Any state regulations pertaining to participation are found in the NMAC.

43. Are we correct in assuming that employment can be projected, since the requirement for documentation of time sheets is every six months? Yes.

44. Is it the ISD office that actually initiates the process of conciliation, upon notification and request from a CDS? No, the NMW contractor initiates the process. Can the conciliation period be reduced? No, per NMAC regulations. Can the conciliation process be used more than once for the same individual– that is, in different potential sanction situations? No, per NMAC regulations.

45. When a person is sanctioned in the first or second of the three levels, are they removed from the participation rate for up to 3 months in a 12 month period? First sanction only.

46. Are for-profit organizations eligible to function as work experience sites? Yes.

47. Please provide a more detailed clarification on the nature and amount of referenced liquid damages as referenced on page 2, specifically what criteria would be used to evaluate if the damages are caused by the service provider. Please see answer to question # 35, above.

48. On page 2, in the Performance Outcomes section, what defines work-eligible NMW participant? Pursuant to the NM Work Verification Plan:

· “A Work Eligible Individual is defined as an adult or minor child head of household receiving

· TANF Cash Assistance or a non-recipient parent living with a child who receives TANF Cash Assistance, unless the head of household or the non-recipient parent meets any of the following exclusions:

· A minor parent and not the head-of-household;

· An alien who is ineligible to receive assistance due to his or her immigration status; or

· A recipient of Supplemental Security Income (SSI), on a case-by-case basis;

· In addition, the following individuals are excluded:

· A parent who is a recipient of Social Security Disability Insurance (SSDI) benefits, unless the recipient is employed and is meeting the work participation rate and is included as an optional work eligible individual.

· A parent, who is providing care for a disabled family member living in the home

· In order to qualify for this exception, the parent must provide written verification from a medical practitioner that the parent is needed in the home to care for the disabled family member. The verification must be reviewed and the exemption approved by the Incapacity Review Unit.”

49. Please provide historical statistics for the last 2 years on how the current service provider(s) have met the following:

a. Participation Rates: 50% All Family and 90% Two Parent rates. See MSR.

b. 60% of NMW work-eligible caseload to obtain employment. See MSR.

c. 95% placements greater than $7.50 wage per hour. See MSR.

d. 85% retention rate at six months. See MSR.

· Job openings equal to the number of NMW job ready participants. Each NMW service provider creates their own list of job openings.

50. Binder 1 instructions include the requirement to answer each of the five desirable specification areas. The cost section is included as one of the five areas in the desirable specifications. Should that information be excluded from Binder 1 and provided only in Binder 2, so the desirable response will be limited to 4 pages? The Proposed Budget is to be presented on the template that is being provided by the Department and is not to be counted in the number of pages.

51. On page 19, Binder #2 – Cost Proposal, item a) references a required response to HSD terms and conditions – can you tell us which specific HSD term and conditions you are referring to? The RFP.

52. Page 21 #4 – do any of the elements of #4 apply to “for-profit” agencies? While Paragraph 4 states “if not-for-profit,” other offerors are encouraged to include similar documents if readily available.

53. Are “for-profit” vendors included as potential offerors? Yes.

54. How many HSD employees currently provide NMW services? Approximately 41 HSD employees provide NMW services in-house in the Eastern regions. All other staff providing NMW services are employees of current NMW contractors.

55. How often will HSD conduct NMW service provider reviews? Will the reviews be conducted per Region or on a statewide basis? No more than 3 reviews per year; selecting a separate region for each review; and ongoing desk audits.

56. In reference to Appendix H, Technical Specifications that begin on page 137, where would an offeror find the questions to allow us to respond to those specific items? We can’t locate where they are referenced in the Mandatory Specifications for a response. Respond on form Appendix H and provide with your proposal.

57. As a for-profit business we do not have Single Audits performed. Should we submit our Full Scope Audit to meet the requirement? Yes, or send a link to the report site.

58. What is the current annual value of the NMW contract(s) for all NMW service providers? Approximately $10,555,000 for TANF and SNAP.

59. Can you provide us with the company name of the current NMW service providers? New Mexico State University, The Commission on the Status of Women, and HSD in the Eastern New Mexico regions.

60. Are parents that do not enroll in the NMW program included in the participation count when measuring program performance for the service provider? No.

61. Can you provide historical data on how many SNAP referrals are made each month for the last year per Region? As of April 2011, 714 SNAP E & T voluntary participants received assistance statewide.

62. On page 24, Desirable Specifications, under Organizational Management, it requests three external references, three client references, and three references for senior organizational management - Does this have to be kept to one (1) page as stated on page 19? No.

63. Clarify the number of pages the response can have in the mandatory and desirable sections as the subsections have many variables that will need more than one page to respond to this section. Also, not all sections have page limits specified. Do we default to the page limits stated on page 19 and/or do we adhere to the page limits as stated in the specific sections? “Desirable specifications are limited to 1 page per each of the 5 sections, unless response is made in a form provided by HSD,” per Page 19, Section III, C 1, Proposal Organization, of the RFP.

64. Will HSD provide a computer network for clients to log onto in order to perform job readiness activities? When will access to this network be available? HSD is in the process of installing computers in ISD offices for the purpose of job search by TANF NMW clients.

65. How is job ready being defined? While this is the responsibility of the case manager to determine upon the review of all assessments and interviews with the NMW participant, the Department considers that those NMW parents who are placed in a job search activity or are employed or have been employed and do not select additional education or training as an activity, may be job ready.

66. What are the job development rates that will be measured? “On a monthly basis maintain an inventory of job openings equal to the number of job ready NMW participants during that month. Job openings must pertain to the geographical area and skills level of the participants“, per Page 2, Section I C, Performance Outcomes, in the RFP.

67. On page 24, Organizational Management and Expertise, who is considered senior organizational management? Do you want a chart or actual supporting resumes? Refer to Page 24, Section IV B 2, Organizational Management and Expertise, Paragraph (d) in the RFP.

68. On page 64, Activity Tracks Defined, E)...the parent in a non-employment cluster is limited to no more than twelve months as a core activity – Will this revert back to 18 months? No.

69. On page 76, Subsidized Employment, C) Transitional Employment:

· 2) Referrals to Transitional Employment may be appropriate for parents who: - Who what? There was no descriptor stated. Please refer to page 72 of the SOW.

· Activity supervised monthly. Participant timesheet is required monthly. – Timesheets are not required for employment, please explain? Correction: timesheets are not required for employment.

70. The RFP requires a statewide proposal, will the budget require a breakdown by Region or can we submit a budget plan for TANF statewide using one template for TANF and if funds are available for SNAP using one statewide template? One statewide budget for TANF and a separate statewide budget for SNAP.

71. On page 78, Support Services, 2) Gas Cards-as funding permits... A parent is eligible to receive gas cards provided that the parent has not access to private transportation.

· Please clarify, what proof of limited or no access to transportation is required?

· Will money be allocated for transportation?

Transportation funding will not be available.

72. On page 113, Appendix C, 22) Property:

· As per the 2010 contract, we would request this read: “All property, with a purchase price of $300 or more, acquired...” This is a negotiable item.