2022-12 MSPQA - Posted~1.docx

Executive Office of Health and Human Services

DEPARTMENT OF

YOUTH SERVICES

Cecely Reardon, Acting Commissioner

Master Service Pre-Qualification Application (MSPQA)

RFR DYS POS 2022-12

APRIL 2022

TABLE OF CONTENTS

Master Service Pre-Qualification Application (MSPQA) Department of Youth Services

The Department of Youth Services (‘DYS’ or ‘the Department’) has developed a two-step process for procurement of its residential services and capacity building services. This Master Service Pre-Qualification Application (MSPQA) is the first step in the process. The purpose of this MSPQA is to certify Responders as qualified to do business with DYS. Pre-qualified Responders will demonstrate sufficient capacity to contract with the Department to provide residential or capacity building services and meet the Commonwealth’s general procurement requirements.

This MSPQA is divided into two sections:

Section One - Commonwealth of Massachusetts Standard Terms and Conditions Section Two - DYS mandatory requirements for all DYS residential or capacity building services Successful Responders to this MSPQA will be pre-qualified to bid on DYS Residential Services Requests for Responses (RFRs) for specific program level services and Capacity Building RFRs. Responders qualified under this MSPQA are eligible to respond to any DYS Residential Services or Capacity Building RFR issued for the next five years, until 2027. After that time, interested Responders must be pre-qualified again to be eligible to respond to DYS RFRs for residential services or capacity building services.

DYS reserves the right to request additional information where DYS feels responses are incomplete.

DYS Residential and Capacity Building RFRs will be issued in compliance with the Commonwealth’s Chapter 257 requirements.

MSPQA -SECTION ONE

COMMONWEALTH OF MASSACHUSETTS

STANDARD TERMS AND CONDITIONS

GENERAL RFR INFORMATION

Published Date: September 1, 2019 The following RFR provisions must appear in all Commonwealth competitive procurements conducted under 801 CMR 21.00. In general, most of the required contractual stipulations are referenced in the Standard Contract Form and Instructions and the Commonwealth Terms and Conditions for Human and Social Services (also referred to as Purchase of Service).

The terms of 801 CMR 21.00: Procurement of Commodities and Services and 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services, are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00 and 808 CMR 1.00. Additional definitions may also be identified in this RFR. Other terms not defined elsewhere in this document may be defined in OSD’s Glossary of Terms. Unless otherwise specified in this RFR, all communications, responses, and documentation must be in English, and all cost proposals or figures in U.S. currency. All responses must be submitted in accordance with the specific terms of this RFR.

COMMBUYS Market Center. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments and information contained in the related Bid Questions and Answers (Q&A), are all components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

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 Bid.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

COMMBUYS Registration. To respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller account. Bidders may elect to obtain a free COMMBUYS Seller registration which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records.

All Bidders submitting a Quote (previously referred to as Response) in response to this Bid (previously referred to as Solicitation) agree that, if awarded a contract: (1) they will maintain an active seller account in COMMBUYS; and (2) in the event the Commonwealth adopts an alternate market center system, successful Bidders will be required to utilize such system, as directed by the procuring entity. Commonwealth Commodity Codes are based on the United Nations Standard Products and Services Code (UNSPSC).

COMMBUYS introduces new terminology, with which bidders must be familiar to conduct business with the Commonwealth. To view this terminology and to learn more about COMMBUYS, please visit the Learn about COMMBUYS page on www.mass.gov.

Multiple Quotes. Bidders may not submit Multiple Quotes in response to a Bid unless the RFR authorizes them to do so. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

Quote Content. Bid specifications will prevail over any proposed Bidder terms entered as part of the Quote, unless otherwise specified in the Bid.

Supplier Diversity Program (SDP). Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

In support of this Executive Order, the Commonwealth tracks SDP spending through POS contracts. As a result, providers that are issued a contract from this procurement (Bid) will be required to submit a “Supplier Diversity Program (SDP) Plan Form for Purchase of Service (POS)” with their Uniform Financial Report (UFR) through the Operational Services Division’s (OSD) eFiling site. Providers that file a UFR exemption request are to submit the SDP Plan Form for POS with their exemption request. The plan will be evaluated yearly by the Commonwealth Department with the most Purchase of Service funding to a provider during the previous fiscal year. This Department commonly is referred to as the Principal Purchasing Agency (PPA).

Bidders are to submit a copy of their most recently submitted “SDP Plan Form for POS” with their proposal (Quote) for procurements (Bids) in excess of $150,000 to signify to the Procurement Management Team that a form has been submitted. Bidders that do not currently hold POS contracts with Commonwealth Departments are to complete the Form and include it with their proposal. The “SDP Plan Form for POS” may be found at the COMMBUYS Bid Solicitation; File Attachments Section. While the Plan will not be assigned any points in the evaluation process, a Department will not be able to issue a contract to an organization that has not submitted a Plan that demonstrates a strong commitment to working with MBEs, WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs, and/or LGBTBEs.

Resources available to assist providers in identifying SDP Certified Partners are located on the Supplier Diversity Program webpage at www.mass.gov/sdp. See “Which businesses are eligible to serve as SDP partners?” for resources to identify potential SDP partners.

Best Value Selection and Negotiation. The Procurement Management Team or PMT (also known as Strategic Sourcing Services Team or SSST) may select the response(s) which demonstrates the best value overall, including proposed alternatives that will achieve the procurement goals of the department. If services are not rate regulated, the PMT and a selected bidder, or a contractor, may negotiate a change in any element of contract performance or cost identified in the original RFR or the selected bidder’s or contractor’s response, which results in a more cost effective or better value.

Bidder Communication. Bidders are prohibited from communicating directly with any employee of the procuring department or any member of the PMT 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 for this RFR in the event this RFR is incomplete or the bidder is having trouble obtaining any required attachments electronically through COMMBUYS.

Contract Expansion. If additional funds become available during the contract duration period, the department reserves the right to increase the maximum obligation or the number of units purchased to some or all contracts executed as a result of this RFR or to execute contracts with contractors not funded in the initial selection process, subject to available funding, satisfactory contract performance, and service need.

Costs. Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this RFR.

Debriefing. POS requirement only. Non-successful bidders may request a debriefing from the department that issued the RFR. Department debriefing procedures may be found in the RFR. Non-successful POS bidders aggrieved by the decision of a department must participate in a debriefing as a prerequisite to an administrative appeal.

Debriefing/Appeals: Administrative Appeals to Departments. POS requirement only. Non-successful bidders who participate in the debriefing process and remain aggrieved with the decision of the department may appeal that decision to the department head. Department appeal procedures may be found in the RFR.

Debriefing/Appeals: Administrative Appeals to OSD. POS requirement only. Non-successful bidders who participate in the department appeal process and remain aggrieved by the selection decision of the department may appeal the department decision to the Operational Services Division. The basis for an appeal to OSD is limited to the following grounds:

1. The competitive procurement conducted by the department failed to comply with applicable regulations and guidelines. These would be limited to the requirements of 801 CMR 21.00 or any successor regulations, the policies in the OSD Procurement Information Center, subsequent policies and procedures issued by OSD, and the specifications of the RFR; or

1. There was a fundamental unfairness in the procurement process. The allegation of unfairness or bias is one that is easier to allege than prove, consequently, the burden of proof rests with the bidder to provide sufficient and specific evidence in support of its claim. OSD will presume that departments conducted a fair procurement absent documentation to the contrary.

Requests for an appeal must be sent to the attention of the Operational Services Division, Legal, Policy and Compliance Office, Room 1017, One Ashburton Place, Boston, MA 02108 and be received within fourteen (14) calendar days of the postmark of the notice of the department head’s decision on appeal. Appeal requests must specify in sufficient detail the basis for the appeal. Sufficient detail requires a description of the published policy or procedure which was applied and forms the basis for the appeal and presentation of all information that supports the claim under paragraphs 1 or 2 above. OSD reserves the right to reject appeal requests based on grounds other than those stated above or those submitted without sufficient detail on the basis for the appeal.

The decision of the Operational Services Division shall be rendered, in writing, setting forth the grounds for the decision within sixty (60) calendar days of receipt of the appeal request. Pending appeals to the Operational Services Division shall not prohibit the department from proceeding with executing contracts.

Electronic Communication/Update of Bidder’s/Contractor’s Contact Information. It is the responsibility of the prospective bidder and awarded contractor to keep current on COMMBUYS the email address of the bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the PMT, including requests for clarification. The PMT and the Commonwealth assume no responsibility if a prospective bidder’s/awarded contractor’s designated email address is not current, or if technical problems, including those with the prospective bidder’s/awarded contractor’s computer, network, or internet service provider (ISP) cause email communications sent to/from the prospective bidder/awarded contractor and the PMT to be lost or rejected by any means including email or spam filtering.

Electronic Funds Transfer (EFT). All Bidders must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments. Additional information about EFT is available on the Comptroller’s VendorWeb site located at: https://massfinance.state.ma.us/VendorWeb/vendor.asp.

Upon notification of award, Contractors are required to enroll in EFT by completing and submitting the “Authorization for Electronic Funds Payment Form” to the SSST for review, approval, and forwarding to the Office of the Comptroller, unless already enrolled in EFT. A copy of the form will be supplied to the successful bidder upon award. This form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies. Food purchased and served by state agencies must comply with Executive Order 509, issued in January 2009. Under this Executive Order, all contracts resulting from procurements posted after July 1, 2009, that involve the purchase and provision of food must comply with nutrition guidelines established by the Massachusetts Department of Public Health (DPH). The nutrition guidelines are available at the Department’s website: Executive Order # 509 Guidance.

Filing Requirements. Successful bidders must have filed their Uniform Financial Statements and Independent Auditor's Report (UFR), as required for current contractors, with the Operational Services Division via the Internet using the UFR eFiling application for the most recently completed fiscal year before a contract may be executed and services begin. Other contractor qualification/risk management reporting requirements and non-filing consequences promulgated by secretariats or departments pursuant to 808 CMR 1.04(3) also may apply. In the event immediate services are required by a department, a contract may be executed and services may begin with the approval of OSD or the appropriate secretariat. However, unless authorized by OSD or the appropriate secretariat, the contractor will not be paid for any such services rendered until the UFR has been filed.

HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines must be included in the contract to comply with the Privacy and Security Rules. Please see other sections of the RFR for further HIPAA details, if applicable.

Minimum Quote (Bid Response) Duration. Bidders’ Quotes made in response to this Bid must remain in effect for at least 90 days from the date of quote submission.

Public Records. All responses and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Any statements in submitted responses that are inconsistent with these statutes shall be disregarded.

Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A bidder requesting accommodation must submit a written statement which describes the bidder’s disability and the requested accommodation to the contact person for the RFR. The PMT reserves the right to reject unreasonable requests.

Restriction on the Use of the Commonwealth Seal. Bidders and contractors are not allowed to display the Commonwealth of Massachusetts Seal in their bid package or subsequent marketing materials if they are awarded a contract, because use of the coat of arms and the Great Seal of the Commonwealth for advertising or commercial purposes is prohibited by law.

Subcontracting Policies. Prior approval of the department is required for any subcontracted service of the contract. Contractors are responsible for the satisfactory performance and adequate oversight of its subcontractors. Human and social service subcontractors also are required to meet the same state and federal financial and program reporting requirements and are held to the same reimbursable cost standards as contractors.

Workplace Violence and Prevention and Crisis Response Plan. 101 CMR 19.00, Workplace Violence and Prevention and Crisis Response Plan, governs the procedures and criteria for workplace violence prevention and response plans for programs that provide direct services to clients that are operated, licensed, certified, or funded by a department, commission, office, board, division, institution, or other entity within the Executive Office of Health and Human Services under M.G.L. c. 6A § 16. Any direct service program that contracts with the Executive Office of Health and Human Services (EOHHS) or the constituent agencies of EOHHS must comply with 101 CMR 19.00, including having a plan that meets the criteria set forth in 101 CMR 19.04, which is updated annually, available electronically, and provided to any human service worker upon request. The regulations and response plan guidelines are available at the following web site: www.mass.gov/hhs/HSW-safety-regs.

Responses must include:

1. A letter from Responder certifying that they are in compliance with the Commonwealth’s standard terms and conditions, are EOHHS prequalified and that they will remain compliant for the term of the agreement. New providers who are not EOHHS prequalified must show proof of financial stability and written proof the Responder has filed appropriate applications to become prequalified by EHS.

MSPQA - SECTION TWO

REQUIREMENTS COMMON TO

ALL DYS RESIDENTIAL PROGRAMS

Responders must provide complete and truthful responses that address all requirements in this section. Responses will be scored according to the Evaluation Criteria at the end of Section Two.

Successful Responders to this MSPQA are PRE-QUALIFIED for five (5) years and eligible to bid on all RFRs for DYS residential services for youth across DYS’ programming continuum.

The Department of Youth Services does not have statutory authority to enter into contractual agreements with for-profit entities for residential services. Only agencies with an approved 501 (c.) (3) designation from the Internal Revenue Service are eligible to receive a contract award from DYS for residential services.

INSTRUCTIONS FOR SUBMISSION OF RESPONSES

To be completed by DYS Only. Modifications to these requirements will not be accepted

ACQUISITION METHOD TO BE USED FOR CONTRACT(S):

License

Tax Exempt Lease Purchase (TELP)

Term Lease

Rental (not to exceed 6 months)

Other (specify):

SINGLE OR MULTIPLE CONTRACTORS FOR CONTRACT PERFORMANCE:

SINGLE OR MULTIPLE DEPARTMENTS MAY CONTRACT UNDER THIS MSPQA:

Option to Allow Other Departments/Political Subdivisions to Contract Under MSPQA

Statewide Contract – All Departments may purchase under terms of MSPQA

Multiple Un-identified Additional Departments may purchase under terms of MSPQA

Multiple Identified Departments Listed in RFR may purchase under terms of MSPQA

TOTAL ANTICIPATED DURATION OF QUALIFICATION(S):

Initial Qualification Duration (Indicate Number)

Month(s)

Options To Renew (Indicate Numbers):

Month(s)

Responder Qualification will be effective from notification of successful qualification through 6/30/27, subject to annual review as detailed in this MSPQA.

GENERAL REQUIREMENTS FOR SUBMISSION OF RESPONSES

PROPOSAL SUBMISSION

Electronic Submissions - Effective July 1, 2014, all procurements posted on COMMBUYS, known as Bids, require the submission of electronic responses on COMMBUYS, known as Quotes. To submit an electronic Quote on CommBuys, Responders must register and maintain an active COMMBUYS Seller subscription account. Questions regarding COMMBUYS should be directed to the COMMBUYS Help Desk at commbuys@state.ma.us.

DYS has attached a job aid to this RFR with instructions on how to submit a quote on COMMBUYS.

DYS CANNOT ACCEPT HARD COPY RESPONSES TO THIS REQUEST FOR RESPONSE.

1. All pages must be consecutively numbered to facilitate review and cross-referencing during the proposal review process.

1. Proposals are limited to thirty (30) pages plus any applicable appendices

1. For purposes of this RFR a page is defined as one side of a double-sided, single-spaced sheet of paper, using a 12-point typeface, with one-inch margins on both sides, top and bottom.

1. A Table of Contents should be provided to assist the reviewers in finding relevant response information.

1. Responders should review and respond to the proposal requirements in the Question and Response Guidelines section of this RFR.

Representatives from the Department are available to respond to both programmatic and fiscal questions specific to this RFR. All questions must be sent via e-mail to:

phillip.w.davis@state.ma.us

Any instance of the words ‘he/she’ or ‘him/her’ is changed to ‘he/she/they’ or ‘him/her/them’ as appropriate.

This MSPQA is an open enrollment RFR and must be completed prior to bidding on any DYS residential services RFR. Responders must allow sufficient time for DYS to review and process responses to the MSPQA.

Conditions that impact Pre-Qualification Status:

1. DYS reserves the right to adjust, modify or amend the MSPQA at any time as needed to meet the requirements of the Department. All changes will be posted on Commbuys and all currently pre-qualified Responders will receive notice of any changes and response requirements. Sufficient time will be allowed for pre-qualified Responders to amend their prior MSPQA submissions to maintain pre-qualified status. Pre-qualified Responders will maintain a pre-qualified status during the review period for amended submissions.

2. At the beginning of each fiscal year, pre-qualified Responders who wish to remain on the approved DYS MSPQA list must submit a letter signed by the Chief Executive Officer (CEO) or Executive Director (ED) that the information submitted in their Pre-Qualification Application is current and accurate. If necessary, pre-qualified Responders may submit updated information to make their MSPQA current and accurate. Any new information will be reviewed and evaluated, and a compliance status letter will be issued to the pre-qualified Responder.

Responses to this MSPQA must include:

Responder must certify that the Responder is in compliance with the following five (5) requirements and that the Responder will remain compliant for the term of the application.

1. Compliance with all applicable DYS Policies and Procedures

Standard: Responders shall have in place policies and procedures that are substantially equivalent to all DYS policies and procedures applicable to residential services and as further specified in this MSPQA.

Documentation Requirements: Responders shall submit the table of contents for all approved policies that the Responder has promulgated. If the Responder does not have policies that are substantially equivalent to particular DYS’ policies, Responder shall submit a list of those missing policies and their plan to become compliant.

Responders shall submit a compliance statement, signed by the CEO or Executive Director and the agency’s Compliance Officer with their MSPQA response, documenting that they have reviewed their policies. The compliance statement should be written on Responder stationary and utilize the following language, depending on whether the Responder will need to become compliant with this requirement:

As the CEO/Executive Director of ________________________, a federal and Massachusetts not-for-profit organization, (Federal Tax I.D. #), I _______________________, certify that the organization’s compliance officer, _______________________, and I have reviewed all policies required by DYS for the provision of residential services. I affirm that we have substantially equivalent policies and are in full compliance with all applicable policies. Required policies added by DYS during the course of the contract will be implemented within the time periods required by DYS.

Or, As the CEO/Executive Director of ________________________, a federal and Massachusetts not-for-profit organization, (Federal Tax I.D. #), I _______________________, certify that the organization’s compliance officer, _______________________, and I have reviewed all policies required by DYS for the provision of residential services. Our organization has identified the following specific policies that must be incorporated into our active policies and submit this plan for implementation. We will comply with DYS auditing procedures to verify applicable policies are in place.

Compliance with all applicable federal, Massachusetts General Laws and regulations, including, but not limited to, the legal requirements relevant to the care and treatment of youth established by the Massachusetts Department of Early Education and Care (EEC), Department of Public Health (DPH), the Department of Children and Families (DCF) as well as health and safety standards. In addition, compliance is required with generally accepted standard accounting principles (GAAP) and standard financial reporting, and any local and municipal regulatory policies, procedures and bylaws/ordinances. Further, compliance is required with all required background checks for the responder’s employees, including but not limited to Massachusetts and multistate Criminal Offender Record Information available through the Department of Criminal Justice Information Systems (DCJIS), Fingerprinting, Sex Offender Registry Information, and information from the Registry of Motor Vehicles. All records kept or created during the term of the contract shall be kept in compliance with the State Record Retention Schedule and where applicable, subject to the Public Records Law, G.L. c. 66, §10.

Standard: Responders must include a Full Compliance statement signed by the CEO or Executive Director and the agency’s Compliance Officer with their MSPQA response. The certificate should be written on Responder stationary and utilize the following language.

As the CEO/Executive Director of ________________________, a federal and Massachusetts not-for-profit organization, (Federal Tax I.D. #), I _______________________, certify that the organization’s compliance officer, _______________________, and I have reviewed all applicable federal, state statutes and regulations and local regulations and requirements relevant to the provision of services for the Massachusetts Department of Youth Services. I affirm that we are in full compliance with all applicable federal, state laws and regulations and local regulatory statutes, regulations and requirements. Or, the organization has active Corrective Action Plans approved by the appropriate regulatory body to become fully compliant. Responder agrees to report any suspected employee fraud, waste or abuse within five (5) business days of discovery to DYS as part of their standard compliance agreement., as well as any other legally required entities.

CEO Signature, Responder Name Date

Documentation Requirements: In addition to providing the Full Compliance statement with their MSPQA response, Responders must notify DYS in writing within five (5) business days of any additional warning, suspension, violation or other citation by Massachusetts EEC, DPH, Board of Health, or other federal, state or local regulatory bodies. A copy of the citation must be sent with the notification letter. This information should be sent via certified mail to each of the recipients listed below:

Sandra R. Stearns, Director, Purchase of Service and Nancy Carter, Director of Residential Operations Department of Youth Services 600 Washington St, 4th floor Boston, Massachusetts 02111

2. Compliance of no less than 90% over the course of any fiscal year, with attendance at all DYS mandatory meetings by the appropriate level of management, clinical or other staff as designated by Responder.

Standard: Pre-qualified Responders must participate in all DYS mandatory provider administrative and clinical meetings. Managers may appoint designees to attend mandatory meetings up to 10% of the time.

Documentation Requirements: Personal attendance at mandatory meetings as verified by DYS meeting minutes.

3. Compliance with a Comprehensive Training Program, Employee Supervision Program and Required Documentation.

Standard:

a.) Compliance with a Comprehensive Training Program by all employees, including Direct Care, employees with program support responsibilities (security, food services, maintenance, etc.), program administrative team responsibilities, and the Responder’s supervising manager, utilizing either DYS Training Center or Responder’s own training program as required and detailed within this MSPQA.

Employees of co-located programs within a DYS residential location, are required to complete DYS Basic Training, DYS Annual Review and any other mandated DYS Training provided by DYS Training Center.

For employees of stand-alone programs, not co-located within DYS residential locations, responders may choose to have their employees attend DYS Training or submit a plan in compliance with the requirements detailed in this MSPQA to complete their own employee training. Responders whose programs are not co-located within DYS residential locations shall state in their response whether they intend to use DYS Basic and Annual Review Training or provide their own comparable training program.

Respondents must include in their response a plan that identifies who will provide required training and describes the processes for ensuring that all employees will complete required training, particularly, (1) the required Basic training as detailed by this MSPQA; (2) an Annual Review training as detailed by this MSPQA; and (3) all other mandatory trainings as required by DYS, law or regulation , prior to any expiration of such trainings.

b.) Compliance with an employee supervision program for all employees as detailed in this MSPQA that includes regular supervision, and clear guidelines and expectations for employee performance.

c.) Compliance with documentation of staff training compliance, staff supervision, and training schedules and curriculum of training program (if conducting own trainings) as required and detailed within this MSPQA.

Documentation Requirements:

a. Submit Monthly Training Staff Compliance Report: Whether training is provided by the Responder or DYS, the Responder shall certify that each program staffed by the Responder will submit a monthly training report in accordance with the Residential Monitoring Contract Compliance and Monitoring Guideline and Expectations in the MSPQA to the Director of the DYS F. Robert Brown Training Center, the assigned DYS Central Office Program Monitor, the DYS Director of Residential Operations, and the DYS regional leadership team. The successful Responder will use the monthly training template provided by DYS that must include a detailed record of the training attended and completed by staff with accurate information for every employee working in the program and the specific dates of their completed trainings (versus anticipated or scheduled training date). Such report must clearly identify every employee who was added to the program and date of hired during the month, even if the employee had yet to attend training. Additionally, the report must identify every employee who separated from the program, including date they were separated, during the month.

b. Submit Training Schedules and Curriculum to the DYS Training Center if conducting their own training: If the Responder is providing their own training program, the Responder shall submit the curriculum, and a sample yearly schedule for such training program that will include the dates of the training and topics scheduled for each date.

Upon award of the contract, the Responder shall submit actual training dates for each course as well as the details of the curriculum. The Responder shall also provide the names of the Trainers and their credentials, including the dates the Trainers completed any train the trainer courses and other relevant education. At all times during the contract, all training records and documents must be available for review by DYS and, at a minimum, must include a copy of the training roster identifying participants, participants signature, name and affiliation of trainer, the scores on pre- and post-tests as may be indicated by curriculum, and a copy of the curriculum.

c) Submit standard evaluation form and detail employees’ supervision program.

Responders shall submit a training compliance statement signed by the CEO or Executive Director and the agency’s Compliance Officer with their MSPQA response. The compliance statement should be written on Responder stationary and utilize the following language:

As the CEO/Executive Director of ________________________, a federal and Massachusetts not-for-profit agency, (Federal Tax I.D. #), I _______________________, certify that the agency’s compliance officer, _______________________, and I have reviewed all applicable training requirements as required by DYS for residential services relevant to the provision of services for the Massachusetts Department of Youth Services. We confirm that all courses required by the MSPQA are a part of our Training Curriculum as detailed in our response; required training is provided on an ongoing basis as detailed in our response; and we are in full compliance with all applicable training requirements. The organization has identified a specific training plan and submits this as the plan it will implement as required. Responder will comply with the requirement for the submission of the DYS monthly training report that verifies current employees and their compliance with required trainings.

4. Compliance in maintaining organizational administrative and personnel procedures to ensure that program budgeted positions will be filled in accordance with the Quality Assurance (QA) requirements, and all vacant positions will be covered through an alternative staffing arrangement established by the pre-qualified Responder. In addition, Responders should develop internal processes to ensure that program budgeted positions are filled in accordance with the Quality Assurance (QA) requirements. Responder’s failure to comply with this requirement may jeopardize their Pre-Qualification status.

Standard: All Responders must demonstrate the capacity to hire and maintain staffing patterns with qualified personnel for provision of services awarded in the DYS contract. Responders must demonstrate the capacity to conduct regular performance evaluations for their staff and engage in progressive discipline, for the violation of any policy or procedure. Pre-Qualified Responders must follow the mandatory reporting requirements of G.L. c. 119, §51A related to their own staff if appropriate and to take appropriate steps to secure the safety of any resident.

Documentation Requirements: Any changes in staff positions (hiring, terminations, leaves of absence, total vacancies) by the pre-qualified Responder’s human resources director or designee are required to be included in the Monthly Report section or as an attachment to the report. Timely DYS notification via Monthly Residential Reports which includes notification of any 51A’s filed by or regarding program staff, must be provided by the tenth (10th) day of the following month for the previous month) These notifications should be sent electronically to:

DYSresidentialreports@mass.gov

5. Compliance with the DYS Juvenile Justice Enterprise Management System (JJEMS) requirements.

Juvenile Justice Enterprise Management System

The Department of Youth Services employs an automated record keeping system called the Juvenile Justice Enterprise Management System (JJEMS) at all DYS sites. Responders are required to enter youth information into JJEMS including services provided to the youth and outcomes of treatment provided. Responders must follow all DYS established protocols and participate in training on the system. In addition, each Responder is required to designate a Virtual Gateway (VG) Access Administrator for their organization. This individual will be the single point of contact with DYS for the system and must complete all required training. The VG Access Administrator shall understand and be fully compliant with Executive Order 504 and DYS policy No. 01.08.02 as it relates to the following:

(a) Certification of the employment status and requesting appropriate access level for each employee.

(b) Notification of DYS and the Virtual Gateway security staff of any change in an employee’s employment status, including but not limited to, termination, investigations and administrative leave, on the same day of the employee’s change in status so that access is adjusted accordingly, or in the event of separation from employment, the access is terminated.

(c) Assurance of the organization’s compliance with all Federal, state and DYS specific system requirements regarding access, data integrity and security.

(d) Verification that every employee has received the appropriate JJEMS and Information Security training prior to allowing access to the VG as further detailed in the Training Section.

(e) Immediate notification of DYS and Virtual Gateway staff if data security breaches are suspected to have occurred or have occurred.

Responders must include a JJEMS statement signed by the CEO or Executive Director with their response. The statement should be written on Responder stationary and utilize the following language:

As the CEO/Executive Director, I certify that the organization has designated the following person as the VG Access Administrator and they will ensure compliance with the use of standard Executive Office of Technology Services and Security (EOTSS) forms for the Virtual Gateway.

Name:

Mailing Address:

Email:

Phone:

CEO Signature & Date

EXECUTIVE SUMMARY

Responders must include an Executive Summary in their response. The Executive Summary must be signed by an authorized signatory of the responding entity and detail the following:

Executive Summary must include:

1. The Responder’s mission and organizational philosophy including its understanding, approach, and capacity to meet the DYS performance and outcome goals and objectives for programs and services solicited under this MSPQA.

2. The Responder’s operational understanding, approach, capacity, and qualifications to deliver the services specified under this MSPQA.

3. A statement documenting that the Responder has the capacity and/or history of providing DYS residential services within contracted specifications, program standards, and budget.

4. A statement describing whether the Responder has lost a contract for cause with any state agency within the past 10 years.

5. A statement describing whether the Responder has either voluntarily or involuntarily suspended intake due to an agreement with or requirement of a licensing agency (i.e., MA Department of Early Education and Care) or had admissions halted by the Department of Youth Services due to problems with the Responder’s contract compliance performance regarding a child-care program during the past 5 years. The Responder must include here, their explanation of, response to, and a description of, the ultimate resolution to each of these events, including exact dates and copies of all relevant documentation including citations, agreements or orders.

6. An Organizational Chart for the principal members of the Responder’s supervisory and managerial staff assigned to supervise and manage residential service programs

GOAL: PROVIDE A LIVING ENVIRONMENT WHICH MEETS THE HEALTH, SAFETY AND EMOTIONAL NEEDS OF THE YOUTH, INCLUDING, AT A MINIMUM, THE FOLLOWING REQUIREMENTS.

EQUITY AND INCLUSION

Nationally and locally young people of color are over-represented in the juvenile justice system. Consequently, one of DYS’ strategic priorities is to identify and reduce racial and/or ethnic disparities. This mandates an awareness and sensitivity to issues surrounding racial, diversity and inclusion. This is necessary to fulfill our mission in a manner that demonstrates respect for the values, preferences, beliefs, culture, experiences and identity of youth, families, staff and community in all we do. The Department continues to strive to identify activities that can be implemented in its delivery of services to mitigate the impact of racism and ensure that our decisions and practices are fair. This includes ensuring that our policies and the use of screening and assessment tools promote fair outcomes for all youth.

The Department of Youth Services has placed paramount importance and focus on racial awareness, diversity and inclusion as they relate to the youth in our care and custody, those youth’s families and our staff. The intended goal is for this focus to lead to the continuous positive improvement of how impact the young people we are entrusted to serve as well as our employees.

PRO-SOCIAL SKILLS TRAINING

In recognition of the importance of staff modeling pro-social skills, the program must have Standards of Employee Conduct that are consistent with an effective system of behavioral support. DYS policies stipulate that staff must behave in a manner that supports accountability, responsibility, and mutual respect; that is consistent with socially acceptable conflict resolution skills; and that supports values pertinent to a culturally diverse population. Staff interactions with each other and with youth shall be consistent with social learning theory tenets and behavioral interventions shall support healthy staff-youth interactions.

FOOD SERVICES

Programs that are co-located in state facilities will be provided all meals and snacks by the state-operated kitchen. For all other locations operated by the pre-qualified Responder, the pre-qualified Responder will be responsible for delivery of food and provision of nutritionally balanced meals according to the standards listed below.

DYS is committed to serving nutritionally balanced youth informed meals to all residents. Pre-qualified Responders shall design and implement menu cycles that provide three meals, at least two of which are served hot, supplemented by two snacks daily. Menu cycles shall incorporate meal patterns of the U.S. Department of Agriculture National School Lunch and School Breakfast Programs. Pre-qualified Responders shall apply nutritional standards of Commonwealth of Massachusetts Executive Order No. 509 and Massachusetts Department of Public Health Competitive Foods and Beverage when selecting all menu items. Menus shall be approved by a registered dietitian nutritionist (RDN) or Nutrition and dietetic technicians, registered (NDTR), who are accredited by Commission on Dietetic Registration. Pre-qualified Responders shall develop a schedule that there shall be no more than 14 hours between the last meal of the day and the first meal of the following day. All meal and snack times must appear on the program’s daily schedule.

DYS is committed to providing safe food to avoid foodborne illnesses and allergic reaction to residents under care. According to Massachusetts Department of Public Health, Responders shall designate one person to be responsible for the operation of food service. The person-in-charge shall maintain valid certifications for food safety exam and food allergies training recognized by Massachusetts Department of Public Health. Responders shall demonstrate a plan and implementation of professional development for all food service employees. Professional development shall satisfy a minimum six (6) hours of training per fiscal year. Training shall include, but not be limited to, child nutrition, food safety, food allergies, culinary art, and diversity. Responders shall include a plan for documenting professional development. Responders shall demonstrate a plan to address resident’s food allergies and special diets for medical purposes.

DYS acknowledges the importance of addressing the needs of our residents that takes into account their culture and religion. Pre-qualified Responders shall develop and implement plans to provide meals that are culturally sensitive and that address resident’s dietary needs based on religious practice. Pre-qualified Responders shall develop a plan that responds and incorporates resident’s feedback to food service.

Deviations from the established menu will be tracked by the Pre-qualified Responder and DYS Monitoring Team. Menu deviations and corrective action plans will be included in the Program Director’s monthly report to DYS.

HEALTH SERVICES

All DYS youth shall have access to routine and emergency healthcare which includes:

1. Arranging for the provision of medical, dental, and mental health services identified at admission.

2. Arranging for the provision of routine ongoing and follow-up medical, dental, and mental health services after admission; and

3. Arranging for the provision of emergency medical, dental, and mental health services, as appropriate and applicable for each youth as provided by statute or by agreement with the resident’s legal guardian.

All DYS state and provider-run residential programs have access to an on-site healthcare program operating through a separate DYS healthcare contract.

The pre-qualified Responder will be responsible for the provision of transportation to all scheduled and non-scheduled medical, dental and mental health services consistent with the requirements of DYS Transportation Policy No. 02.01.02(b).

The pre-qualified Responder must adhere to all DYS specific and all legal requirements regarding consent to medical treatment.

The Responder must certify that all staff are trained, understand, and adhere to all applicable requirements of the Health Insurance Portability and Accountability Act (HIPAA).

The Responder must have sufficient contingency plans to address any youth behavioral or healthcare emergencies which may arise.