2023.4.14 Hearing Officers RFR.docx

The Commonwealth of Massachusetts Department of Developmental Services

Address: 1000 Washington Street Suite 410 Boston, MA 02118

Contact Name: Kathleen Gallagher

Email: DDSPOSProcurement@mass.gov

Request for Response (RFR)

Document Title: Hearing Officers

COMMBUYS BID Number: BD-23-1023-1023C-1023L-87499

DDS RFR Document Identifier: Hearing Officers - 24

Date: April 20, 2023

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current 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 Purchasing Department, including requests for clarification. The Purchasing Department 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 Purchasing Department to be lost or rejected by any means including email or spam filtering. To register go to www.COMMBUYS.com.

This BID requires the submission of electronic quotes. All Bidders are advised to allow adequate time for submission of their quotes by considering potential online impediments like Internet traffic, Internet connection speed, file size, and file volume. The Department of Developmental Services is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record

Public Records: All information, documents, and attachments submitted as a response to this RFQ are considered a public document subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Please be aware that checking the “confidential” box in COMMBUYS does not bar these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.

1.1 Procurement Scope and Description

The Department of Developmental Services (DDS) is seeking individuals to act as Hearing Officers in DDS administrative appeals in accordance with DDS regulations and other applicable state and federal law and regulations, e.g., 115 CMR 6.30, et seq. and M.G.L. c.30A. This RFR will be used to develop a Master Agreement of qualified vendors who may be selected to conduct Fair Hearings at the request of the Department.

This procurement is a “rolling” RFR. Responses may be submitted up to three months prior to the end date of the contract period. The Department reserves the right to accept submissions until the end of the contract period if such acceptance is in the best interest of the Department and individuals under its supervision.

1.2 Procurement and Contract Structure

This Request for Response incorporates all relevant provisions of 801 CMR 21.00 Procurement of Commodities and Services, the Standard Contract Form including related Instructions/Certifications, the Commonwealth Terms and Conditions, the Operational Services Division’s Required Specifications, Attachment C and any updates to these documents during the life of this procurement

1.3 Applicable Procurement Law

Executive Branch Goods and Services

1.4 Whether Single or Multiple Contractors Are Required For Contract(s):

Check One (“X”):

1.5 Calendar Rule Type:

Applications will be accepted on a rolling basis until April 30, 2029. Proposals received after the BID Opening Date noted above will be reviewed on a quarterly basis unless the Department determines that an earlier review period is necessary.

1.6 Acquisition Method:

Hearing Officers will be compensated at an hourly rate of one hundred twenty dollars ($120.00) 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. DDS will pay for travel costs at a rate of fifty dollars ($50.00) per hour in the event DDS determines travel is required. DDS shall not be liable to hearing officers for a cancellation fee for any hearing that is cancelled.

1.7 Use of a Procurement by a Single or Multiple Departments:

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

1.8 Expected Duration of Contract:

Anticipated Initial Duration up to: June 30, 2026

Anticipated Renewal Options: One three year option

Final End Date of this Contract: June 30, 2029

Annual Funding: Approximately $40,000

At any time during the duration of the contract, the Department may conduct reviews of services and may consider taking corrective action, up to and including cessation or termination of all or part of the services covered under the contract.

1.9 Anticipated Expenditures, Funding or Compensation For Expected Duration

Check One (“X”):

Will Federal Funds be used to fund any part of Contract(s)?

Funds Balance Forward Requirement for Trust and Federal Accounts Only: Any funds designated in the budget that are unspent in any fiscal year will not be available for expenditure in the subsequent fiscal year.

2.0 Specifications (Scope of Service)

The Department of Developmental Services is the state agency within the Executive Office of Health and Human Services that is responsible for providing services and supports to Massachusetts’s citizens with intellectual disability and/or developmental disability.

The purpose of this RFR is to identify a list of individuals qualified, interested, and available to conduct administrative hearings as required by and in accordance with DDS and other applicable law. Hearing Officers will be responsible for conducting fair hearings and related duties and render timely written decisions based on the issues and evidence and in accordance with the applicable statues, regulations and policies.

I. SERVICES TO BE PROVIDED:

Impartial hearing officers will be required to:

· Demonstrate a thorough understanding of Department and other relevant statutes, regulations, and case law applicable to cases under appeal.

· Conduct due process hearings, remotely and in person, pursuant to Department regulations and other applicable statutes and regulations, e.g., 115 CMR and 801 CMR 1.00

· Issue timely recommended decisions to the DDS General Counsel, or their designee based on issues and evidence and in accordance with applicable statutes, regulations, and policy. Decisions, at a minimum, must include a summary of evidence presented, findings of fact, conclusions of law, and recommended decision and reasons for the decision.

· Ensure that audio recordings are made of all heairngs and there is otherwise a proper record of the proceedings (date, time, parties present, etc.) The original audio recordings of the proceedings and exhibits submitted at the hearing must be submitted to the General Counsel’s Office.

· Comply with DDS and other applicable confidentiality and privacy laws, regulations, and policies.

· Assure that the rights of all parties to the hearings are protected.

· Maintain complete and accurate records of time spent on appeals and hearings and submit same in a timely manner.

· Prepare various statistical reports regarding the appeals filed and resolved, as requested

· Perform such other related duties as may be assigned by the General Counsel or their designee.

II. SUPERVISION

All Bidders shall work under the general direction and supervision of the DDS General Counsel or his/her designee.

3.0 Performance Requirements and Contract Monitoring

Bidders are required to follow the regulations and policies of DDS. Hearing Officers will be appointed on an “as needed basis” and will be reimbursed for services rendered when used. The award of a Master Agreement contract does not commit DDS to purchase any services.

There is no guarantee how often a Fair Hearing Office will be called. Prior to the start of each fiscal year, the Department’s Central Legal Office will communicate with approved officers regarding the projected number of hours per year at the agreed upon rate.

4.0 Contract Invoicing

Awarded Contractors will submit invoices to the Department at least quarterly with a detailed breakdown of services provided.

A Bidder may not begin services or incur any obligation in any form until a Standard Contract Form with any supplements thereto has been signed by representatives of DDS and the Bidder.

Payment through Electronic Funds Transfer is required for any contract awarded through this solicitation.

5.0 Evaluation Process:

The RFR Response, as prepared and submitted by the Bidder, is DDS’s primary source for obtaining essential information on which contract award decisions are based. Proposals should provide a straightforward, concise description of the vendor’s capabilities to satisfy the requirements of DDS. Completeness and clarity of content should be emphasized. It is important that the initial proposal be submitted in the most favorable terms from both a technical and cost standpoint. Bidders are strongly advised to thoroughly read and understand the entire RFR document prior to preparing and submitting a bid.

DDS will evaluate Responses submitted by Bidders using the Criteria set forth herein.

Bidders must demonstrate that they:

1. are thoroughly familiar with DDS statutes and regulations and other applicable regulations and statutes (e.g., 801 CMR 1.00 et seq.)

1. have the ability to preside at administrative hearings, apply appropriate rules of administrative practice and procedure, comply with regulatory timelines and standards, record formal proceedings and compile an administrative record

1. have a demonstrated ability to analyze complex factual issues, apply law and regulations, and write well-reasoned recommended decisions

1. have the ability to effectively work with a diverse population including individuals with intellectual disability and developmental disability

1. exercise discretion in handling confidential materials and information in accordance with applicable law and professional standards

1. Bidders may be required and able to travel within the Commonwealth to scheduled hearings

Bidders with a juris doctor degree and legal experience are preferred.

Experience in appellate work (administrative or judicial) is desirable.

6.0 Estimated Procurement Calendar

Initial BID opening date (Deadline for Submission of Response) All responses to be submitted electronically using the online submission tools available to active COMMBUYS account holders.

May 19, 2023

A Bidder’s Conference will not be held.

7.0 Submission Requirements

The Bidder shall submit his or her resume, a cover letter describing the bidder’s ability to provide the services described herein, a recent writing sample, and the other forms required under this RFR as outlined in Section 5.0

The Department is processing the standard contract form electronically using Adobe Sign. Qualified Bidders will receive a completed contract from the Department to sign.

Additional forms that may be necessary for contract execution if not already on file, or there is a change to forms currently on file with the Office of the State Comptroller

· Commonwealth Terms and Conditions

· W-9 Request for Taxpayer Identification Number and Certification

· Authorization for Electronic Funds Transfer

7.1 Other Forms

To receive a contract with the Commonwealth, a vendor must be active in The Massachusetts Management Accounting and Reporting System (MMARS). MMARS is the official accounting system of the Commonwealth and once registered a vendor will be issued a Vendor Customer Code number or a “VC” number. This VC number is used for all contracts that a vendor has with state agencies. An organization with existing state contracts, or a vendor who has had state contracts with any state agency in the past, has been registered in MMARS and does not need to re-submit paperwork unless existing information in MMARS will need to be updated (see above).

7.2 Prohibitions

Bidders are prohibited from communicating directly with any employee of the Department or any member of the Procurement Management Team regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide information or respond to questions or inquiries concerning this RFR. Bidders may contact the individual listed in contact information section of the Header Information this Bid in the event that this RFR is not complete, or information is missing.

7.3 Submission Instructions

All responses to be submitted electronically using the online submission tools available to Vendors registered in COMMBUYS. There is no charge to register in COMMBUYS. To Register go to www.COMMBUYS.com and click on the “Register” link on the front page.

All Quotes that wish to be considered for the anticipated start must be received by the Department of Developmental Services before the specified date, month, year and time of the Bid Opening Date displayed on COMMBUYS. Times displayed in COMMBUYS are Eastern Standard/Daylight Savings (US).

COMMBUYS Support The following resources are provided to assist Bidders in submitting Quotes:

· A link to a job aid on How to Submit a Quote on COMMBUYS

· A link to a job aid on Finding Open and Rolling BIDS While Logged into COMMBUYS Website: COMMBUYS Email: If you have any questions or concerns contact the OSD Help Desk at OSDHELPDESK@MASS.GOV Telephone: Call the OSD Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab in COMMBUYS. Bidders do this by selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid. By agreeing to this, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

File Format and Naming Conventions Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Attachments must be uploaded individually and cannot be combined in a zipped file.

Amendments to BID The Department reserves the right to make amendments to the Bid after the initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid. DDS and the Commonwealth accept 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.

Alterations 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 Bid.

Ownership of Submitted Quotes The PMT shall be under no obligation to return materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lockbox are the file of record. Bidders retain access to a “read-only” copy of this submission via COMMBUYS, as long as their account remains active. Bidders also may 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.

The Department reserves the right to accept or reject and all responses received as a result of the RFR, to negotiate with any or all Bidders, and to cancel the RFR if it is in the best interest of the Department to do so. The DDS General Counsel, or designee, will assign hearing officers to a hearing in writing by a letter or email.

8.0 Other Requirements:

Privacy and Data Security:

In performing its work, Vendor may have access or potential access to Protected Information (“PI”) and/or Confidential Information, from, for, or on behalf of DDS. In performing and/or providing activities, functions and/or services for or to DDS pursuant to the Contract which involve access to or use, maintenance, disclosure or creation of PI or Commonwealth Security Information belonging to DDS, Vendors shall comply with all obligations set forth in Attachment C, the Business Associate Agreement Standard Terms and Conditions Addendum, as well as applicable laws that may be in effect upon execution of, or as may be effective, during the course of this contract, including, but not limited to M.G.L. c. 66A, M.G.L. c. 93H, M.G.L. c. 123B, §17, 801 CMR 3.00, 201 CMR 17, 115 CMR 4.05 and 4.06, and the HIPAA Privacy and Security Rules, 42 CFR 431, Subpart F, 42 CFR Part 2, In performance of its duties under the Contract, the Vendor must comply with M.G.L. c. 66A, M.G.L. c. 93H, and any other applicable federal or state law or regulation pertaining to the use, disclosure, maintenance, privacy, confidentiality or security of Protected Information, which shall be defines as any “personal data” as defined in M.G.L. c. 66A, any “personal information” as defined in M.GL. c. 93H, and any other individually identifiable information that is treated as confidential under State or Federal Law (including, for example, any state and federal tax return information) that the Vendor uses, maintains, discloses, receives, creates, transmits or otherwise obtains in connection with its performance of its duties. Any PI created or maintained by the Vendor pursuant to the Contract, shall only be used for the purposes stated in the Contract.

If the Vendor becomes aware of any breach or potential breach of this Subsection 8.4, the Vendor must notify the applicable DDS and any other agency that is impacted by such breach immediately. To the extent possible, the notice shall include (1) a description of what happened, including the date of the incident and the date of discovery; (2) the nature and extent of the PI involved; (3) the unauthorized person who used the information or to whom the disclosure was made; and (6) what the Vendor is doing to investigate the breach, to mitigate harm, and to protect against any further breaches. The Vendor shall provide the state agencies with any other available information that may be required or requested. The Vendor shall cooperate in the any of the state agencies in the analysis of any breach of such laws and participate in conducting any risk assessment in this area, if requested by any of the agencies.

The Vendor shall be responsible for the full cost of any notifications that must be sent to third parties as a result of any such breach as is required under M.G.L.c. 93H. Prior to sending any notifications under M.G.L. c. 93H, the Vendor must consult with the applicable state agency. The Vendor shall cooperate in the any of the state agencies in the analysis of any breach of such laws and participate in conducting any risk assessment in this area, if requested by any of the agencies.

As of the Contract effective date, the Vendor shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of PI and that prevent use or disclosure of such PI other than as provided for the Contract.

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