2024HCA8-OTPFacilityBuildRetrofit-Final.pdf

STATE OF WASHINGTON

HEALTH CARE AUTHORITY

AND

DEPARTMENT OF COMMERCE

REQUEST FOR APPLICATIONS (RFA)

RFA NO. 2024HCA8

NOTE: If you download this RFA from the Health Care Authority (HCA) website or WEBS, you are responsible for monitoring the posting for updates and new amendments.

PROJECT TITLE: Opioid Treatment Program (OTP) Facility Build or Retrofit, 2 Bid Opportunities

APPLICATION DUE DATE: November 15, 2024 by 4:00 p.m. Pacific Time, Olympia, Washington, USA.

There are two (2) Bid opportunities available in this RFA via HCA and Department of Commerce (Commerce) as follows:

Bid Opportunity 1 (HCA): HCA has budgeted an amount not to exceed $3,768,000 for this project. HCA is planning to award one (1) Contract/Agreement for this project.

Bid Opportunity 2 (Commerce): Commerce has budgeted an amount not to exceed $4,122,500 for this project. Commerce is planning to award one (1) contract for this project.

All Applications must be submitted electronically via email to the email address listed below. It is within HCA and Commerce’s sole discretion to accept submission in any other format.

RFA CONTACT: The RFA Coordinator is the sole point of contact in HCA and Commerce for this procurement. All communication between the Applicant and HCA or Commerce upon release of this RFA must be with the RFA Coordinator, as follows:

Name Kimberly French

E-Mail Address HCAProcurements@hca.wa.gov

Emails must have 2024HCA8 in the subject line.

Any other communication will be considered unofficial and non-binding on HCA or Commerce.

Applicants are to rely on written statements issued by the RFA Coordinator. Communication from or directed to parties other than the RFA Coordinator may result in disqualification of the Applicant.

mailto:HCAProcurements@hca.wa.gov

Washington State Page 2 of 51 OTP Facility Build/Retrofit Health Care Authority RFA #: 2024HCA8

ESTIMATED TIME PERIOD FOR CONTRACT: There are two (2) time periods in this RFA via HCA and Commerce as follows:

Bid Opportunity 1 (HCA): January 1, 2025 to December 31, 2027

HCA project funds must be expended by June 30, 2025. HCA reserves the right to extend their Contract/Agreement for up to two (2) additional two (2)-year periods and at comparable amounts to the original award, for a total of four (4) years in the life of the Contract/Agreement, at the sole discretion of HCA, and contingent on availability of funds.

Bid Opportunity 2 (Commerce): January 1, 2025 to June 30, 2025, if funds are not reappropriated. June 30, 2027 contingent on reappropriation.

Commerce funds must be expended by the end of the Contract/Agreement term. The Contract/Agreement term will be identified as a four (4) year period, but the Applicant should be aware Washington operates under a biennial (two-year) budget, with the current budget ending on June 30, 2025. Each appropriation in the capital budget must, by law, lapse at the close of the biennium. Commerce will request one reappropriation of any unspent funds, which would allow funds allocated in the current budget to be spent until June 30, 2027. However, we cannot guarantee the legislature will agree to extend funding, nor can we legally obligate funds from one biennium to another. Applicants are encouraged to get under contract and expend their funding in a timely manner.

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TABLE OF CONTENTS

1. INTRODUCTIONS

1.1. DEFINITIONS

1.2. PURPOSE AND OBJECTIVES

1.3. BACKGROUND

1.4. SCOPE OF WORK

1.5. MINIMUM QUALIFICATIONS / ELIGIBILITY REQUIREMENTS

1.6. FUNDING AND CONTRACT PERIOD

1.7. PERIOD OF PERFORMANCE

2. GENERAL INFORMATION FOR APPLICANTS (Unless indicated, information below is applied to both bid opportunities)

2.1. RFA COORDINATOR

2.2. PRE-APPLICATION WEBINAR

2.3. QUESTIONS, ANSWERS, & CLARIFICATIONS

2.4. SUBMISSION OF APPLICATIONS

2.5. PROPRIETARY INFORMATION / PUBLIC DISCLOSURE

2.6. REVISIONS TO THE RFA

2.7. COMPLAINT PROCESS

2.8. RESPONSIVENESS

2.9. MOST FAVORABLE TERMS

2.10. RECEIPT OF INSUFFICIENT NUMBER OF APPLICATIONS

2.11. NO OBLIGATION TO CONTRACT

2.12. REJECTION OF APPLICATIONS

2.13. BID OPPORTUNITY 1 (HCA) INFORMATION: SUBCONTRACTOR PARTICIPATION MONITORING

AND REPORTING

2.14. RESPONSIBILITIES AND ACCOUNTABILITY OF THE CONTRACTOR

2.15. RISK ASSESSMENT

2.16. BUDGET DEVELOPMENT

2.17. CONTRACT AND GENERAL TERMS & CONDITIONS

2.18. COMMITMENT OF FUNDS

2.19. STATE AND FEDERAL COMPLIANCE

3. APPLICATION CONTENTS AND REQUIREMENTS

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3.1. APPLICATION CONTENTS OVERVIEW

3.2. APPLICATION REQUIREMENTS AND GUIDELINES

3.3. APPLICANT PROFILE & SUBMITTAL FORM (MANDATORY)

3.4. DIVERSE BUSINESS INCLUSION PLAN (MANDATORY)

3.5. EXECUTIVE ORDER 18-03 (SCORED)

3.6. REFERENCES (MANDATORY)

3.2. DRAFT CONTRACT (MANDATORY): BID OPPORTUNITY 1 (HCA)

3.3. PROGRAM NARRATIVE AND PROJECT DESCRIPTION (MANDATORY/SCORED)

3.4. BUDGET NARRATIVE (MANDATORY/SCORED)

3.5. COMMUNITY LETTERS OF SUPPORT (MANDATORY/SCORED Pass or Fail)

4. EVALUATION AND CONTRACT AWARD

4.1. EVALUATION PROCEDURE

4.2. EVALUATION WEIGHTING AND SCORING

4.3. RFA NOTIFICATION TO APPLICANTS

4.4. DEBRIEFING OF UNSUCCESSFUL APPLICANTS

4.5. PROTEST PROCEDURE

5. RFA EXHIBITS

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1. INTRODUCTIONS

1.1. DEFINITIONS

Definitions for the purposes of this RFA include:

Accreditation – Accreditation is a process that evaluates an Opioid Treatment Program (OTP) against opioid treatment and Accreditation standards set by the Substance Abuse and Mental Health Services Administration

(SAMHSA).

Accreditation Body – As part of the licensing and certification process, a proposed OTP must obtain Accreditation from a SAMHSA-approved Accreditation Body. These organizations work to ensure that OTPs meet specific, nationally accepted standards for providing medication for Opioid Use Disorder (OUD).

There are four accrediting body options:

• The Washington State Department of Health (DOH)

• The Commission on the Accreditation of Rehabilitation Facilities (CARF)

• The Joint Commission

• Social Current (formerly Council on Accreditation (COA)

Administrative or Indirect Costs – Elements of costs incurred by the Contractor as costs that are necessary to administrate or operate a program that are not considered direct program costs.

Apparent Successful Applicant (ASA) – The Applicant selected as the entity to perform the anticipated services under this RFA, subject to completion of contract negotiations and execution of a written contract.

Applicant – Individual or company interested in the RFA that submits an Application to attain a contract with HCA or Commerce.

Application – A formal offer submitted in response to this solicitation.

Authorized Representative – A person to whom signature authority has been delegated in writing acting within the limits of his/her authority.

Behavioral Health Agency (BHA) – An entity licensed by the department to provide behavioral health services under chapter 71.24, 71.05, or 71.34 RCW.

Buprenorphine – Buprenorphine is a medication approved by the Food and Drug Administration (FDA) to treat OUD and is an opioid partial agonist.

Capital Costs - Funds appropriated in the capital budget and awarded through Commerce may generally be used to pay for predesign, pre-development, real property acquisition, construction, renovation, and equipment-related expenses outlined in the OFM Capital Budget Instructions and guidance from the state’s office of the Attorney General.

Contract/Agreement – The agreement between HCA or Commerce and the ASA to carry out the ASA’s proposed program. For funding awarded to Tribal governments, for Bid Opportunity 1 HCA will develop an intergovernmental agreement through their Tribal agreement process.

https://www.samhsa.gov/medication-assisted-treatment/opioid-treatment-accrediting-bodies/approved http://www.carf.org/home/ https://www.jointcommission.org/ https://coanet.org/ https://ofm.wa.gov/capital-budget-instructions

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Core Provider Agreement – Agreement in which providers who have enrolled their NPI with the Washington State Health Care Authority (HCA) can be paid for covered services, supplies, and equipment rendered to eligible Washington Apple Health Integrated Managed Care and Behavioral Health Services Only clients.

Department of Commerce or Commerce – An executive agency of the state of Washington that is collaborating on this RFA. Commerce is the lead state agency charged with enhancing and promoting sustainable community and economic vitality in Washington.

Department of Health or DOH – An executive agency of the state of Washington that licenses, certifies, and regulates behavioral health agencies, including Opioid Treatment Programs.

Drug Enforcement Administration (DEA) – The Drug Enforcement Administration is a United States federal law enforcement agency under the U.S. Department of Justice tasked with enforcing the controlled substances laws of the United States, and combating drug trafficking and distribution within the U.S.

FDA – The U.S. Food and Drug Administration

Health Care Authority or HCA – an executive agency of the state of Washington that is issuing this RFA.

IHCP – Indian Health Care Provider.

Medications to Treat Opioid Use Disorder (MOUD) – Medications that are approved by the FDA to treat Opioid Use Disorder and would include: Methadone; Buprenorphine containing products (Suboxone, Subutex);

Naltrexone containing products (Vivitrol).

Methadone – Methadone is a medication used to treat Opioid Use Disorder (OUD). Methadone is a long-acting full opioid agonist, and a schedule II-controlled medication. Methadone reduces opioid craving and withdrawal and blunts or blocks the effects of opioids.

Naltrexone – Naltrexone is a medication approved by the Food and Drug Administration (FDA) to treat both Alcohol Use Disorder (AUD) and Opioid Use Disorder (OUD). Naltrexone can be prescribed and administered by any practitioner licensed to prescribe medications and is available in a pill form for Alcohol Use disorder or as an extended-release intramuscular injectable for AUD and OUD.

Opioid Use Disorder (OUD) – A pattern of problematic use of opioids, whether prescription painkillers, or heroin, or other illicit synthetic opioids. Practitioners use criteria from the Diagnostic and Statistical Manual of Mental Disorders 5 (DSM 5) to OUD disorder.

Opioid Treatment Program (OTP) – An Opioid Treatment Program (OTP) is a behavioral health treatment agency which is licensed by the state and federal government. The program offers behavioral health services and medical services to all clients who attend. OTPs are the only type of outpatient treatment setting where an individual can receive all three types of medication for the treatment of an Opioid Use Disorder: Methadone;

Buprenorphine containing products (e.g. Suboxone, Subutex); Naltrexone containing products (e.g. Vivitrol). A client who attends an OTP receives their medication and doses administered or dispensed to them directly from the OTP’s onsite dispensary, instead of through a pharmacy prescription.

Pharmacy Commission – Also known as Pharmacy Quality Assurance Commission (PQAC), regulates the practice of pharmacy and the distribution, manufacturing, and delivery of pharmaceuticals within the state.

Purchase/Referred Care Delivery Areas (PRCDA) – The geographic area within which PRC services will be made available by the IHS to members of an identified Indian community who reside in the area, subject to the

Washington State Page 7 of 51 OTP Facility Build/Retrofit provisions of 42 C.F.R. Part 136 Subpart C. More information: Purchased/Referred Care (PRC) | Indian Health Service (IHS).

Request for Application (RFA) – Formal procurement document in which a service or need is identified but no specific method to achieve it has been chosen. The purpose of an RFA is to permit the Applicant community to suggest various approaches to meet the need at a given price.

Revised Code of Washington (RCW) – The laws of the state of Washington, as enacted by the Legislature.

Any references to specific titles, chapters, or sections of the RCW includes any substitute, successor, or replacement title, chapter, or section. Pertinent RCW chapters can be accessed at: http://apps.leg.wa.gov/rcw/.

SAMHSA – The Substance Abuse and Mental Health Services Administration of the U.S. Department of Health and Human Services.

Subcontractor – A person, partnership, or entity not in the employment of or owned by the Applicant, who would be performing all or part of the services under this RFA under a separate contract with or on behalf of the Applicant. The term “Subcontractor” means Subcontractors in any tier.

Treatment Gap – The inability and/or reduced ability of a prospective patient to access MOUD treatment from a provider resulting in an unfulfilled need. This need may be attributed to geographic distances from patient to MOUD treatment providers, lack of OTP access throughout Washington state that can offer Methadone to patients, stigma surrounding SUD/OUD that can prevent patients from accessing MOUD and other treatments to address whole person care in traditional medical settings.

Underserved and Vulnerable Population – The US federal agency Centers for Medicare & Medicaid Services (CMS) under the Department of Health and Human Services (HHS) defines Underserved and Vulnerable Populations as populations that face health, financial, educational, and/or housing disparities, such as “facing barriers that make it difficult to get health coverage and basic health care services”. Underserved and Vulnerable Populations include minority populations such as Hispanic, African American, American Indian, and Alaska Native (AIAN) populations.

Washington’s Electronic Business Solution (WEBS) – An internet-based bid notification system HCA uses to post competitive solicitations. Individuals and firms interested in state contracting opportunities with the Department of Enterprise Services or any state agency should register for competitive solicitation notices on WEBS. Note: There is no cost to register on WEBS.

Washington State Association for Treatment of Opioid Dependence (WSATOD) – Washington State chapter of the American Association for the Treatment of Opioid Dependence, Inc. (AATOD).

ESTIMATED SCHEDULE OF SOLICITATION ACTIVITIES

HCA Release of Request for Applications September 20, 2024

Pre-Application Conference via Microsoft Teams September 30, 2024, 2

PM PST

Questions Due from Applicants October 8, 2024

HCA Posts Answers to Applicant(s) Questions* October 11, 2024

Application(s) Due Date November 15, 2024, 4

PM PST

https://www.ecfr.gov/current/title-42/chapter-I/subchapter-M/part-136?toc=1 https://www.ihs.gov/forpatients/prc/ https://www.ihs.gov/forpatients/prc/ http://apps.leg.wa.gov/rcw/

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Evaluate Applications* November 18 – November 22, 2024

Conduct Oral Interviews with Finalists, if required November 25 – November 26, 2024

Announce “Apparent Successful Applicant” and send notification via e-mail to unsuccessful Applicants*

November 27, 2024

Bid Opportunity 1 (HCA): Applicant Request for Debrief Due Date

December 2 – December 4, 2024, 4pm PST

Bid Opportunity 2 (Commerce): Applicant Request for Debrief Due Date

December 2 – December 4, 2024, 4pm PST

Bid Opportunity 1 (HCA): Hold Debrief Conferences via conference call (if needed)

December 5 – December 11, 2024

Bid Opportunity 2 (Commerce): Hold Debrief Conferences via conference call (if needed)

December 5 – December 11, 2024

Bid Opportunity 1 (HCA): Negotiate Contract December 2024

Bid Opportunity 2 (Commerce): Negotiate Contract December 2024

Bid Opportunity 1 (HCA): Estimated Contract Start Date January 1, 2025

Bid Opportunity 2 (Commerce): Estimated Contract Start Date January 1, 2025

*Dates are anticipated and subject to change without an official amendment.

HCA and Commerce reserves the right in its sole discretion to revise the above schedule.

Applicants are strongly encouraged to register as a vendor on Washington’s Electronic Bid System (WEBS), at https://fortress.wa.gov/ga/webs/ and to download a copy of this RFA from WEBS, in order to view any Amendments that are issued by HCA and Commerce which may modify the terms of this RFA.

1.2. PURPOSE AND OBJECTIVES

The Washington State Health Care Authority, hereafter called “HCA,” and the Department of Commerce, hereafter called “Commerce,” is initiating this Request for Application (RFA) to solicit Applications from Opioid Treatment Providers interested in participating on a project to build or retrofit an existing building for an Opioid Treatment Program (OTP) facility.

There are two (2) available contract opportunities via this RFA, "Bid Opportunity 1" which will result in a contract with HCA to build new or to retrofit an existing building for an OTP facility focused on rural communities, and "Bid Opportunity 2" which will result in a contract with Commerce to build new or retrofit an existing building for an additional OTP facility in Washington State. Funding source and specific state agency requirements will be addressed in the respective resulting contracts. A single Applicant may be awarded both opportunities if the Applications are for separate locations and projects.

HCA and Commerce have partnered on this RFA to utilize each agency’s specialized knowledge to make awards to OTP agencies that will be able to manage a successful capital project and have the ability to do the continued work of operating a facility. Commerce has received funding through the Washington State Legislature to manage capital projects to expand and retain behavioral health facility capacity since the 2013-https://fortress.wa.gov/ga/webs/

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15 biennium. Commerce has subject matter expertise in grants management and administration, capital construction and readiness to proceed.

HCA received funding through the Washington State Legislature to build or retrofit an OTP clinic and turned to Commerce for their expertise on capital construction. HCA’s State Opioid Treatment Authority (SOTA) brings subject matter expertise in the requirements and best practices for running a successful facility.

The SOTA as set forth in RCW 71.24.035 is a part of HCA. The SOTA has regulatory oversite of all Washington State OTPs, alongside Washington State Department of Health, who oversees licensing and credentialing of all behavioral health agencies. As per federal rule CFR 42 Part 8, the SOTA is the agency designated by the Governor of the State, or other appropriate official designated by the Governor, to exercise the responsibility and authority within the State or Territory for governing the treatment of OUD with MOUD in OTPs.

HCA completed listening sessions with OTPs in Washington State in 2023 through the Washington State Association for Treatment of Opioid Dependence (WSATOD). After gathering feedback from all the state’s OTP providers, HCA made the decision to move forward with using opioid settlement funds to award one-time capital funding to help build a new OTP facility or to retrofit an existing building to become an OTP with a prioritization on rural settings that do not have current OTP access.

1.3. BACKGROUND

1.3.1. Background Pertaining to Bid Opportunities 1 and 2:

An OTP is a behavioral health treatment agency which is licensed by the state and federal government.

The program offers both counseling services and medical services to all clients who attend. OTPs are the only type of outpatient treatment setting where an individual can receive all three types of medication for the treatment of an OUD: Methadone; Buprenorphine containing products; and Naltrexone containing products. A client who attends an OTP receives their medication and doses administered or dispensed to them directly from the OTP’s onsite dispensary, instead of through a pharmacy prescription.

There are strict state and federal standards regarding the operation of OTPs, See 42 CFR Part 8. OTP facilities must also comply with pharmacy and facility standards of the Washington Board of Pharmacy and the DOH Health Systems Quality Assurance (HSQA) division. Opioid Treatment Program Licensing and Certification | Washington State Department of Health.

Given the increased potency and frequency of fentanyl in the illicit drug supply, the need to use Methadone as the most potent opioid replacement therapy is expected to increase. The need to provide standardized, high-quality care in OTPs that meets federal and state requirements has never been more important.

On March 29, 2024, HCA released a Request for Information (RFI) for Future Opioid Treatment Program (OTP) Build or Site Retrofit. The intent of the RFI was to learn more about the current state of licensed OTP providers and potential interest in building an OTP clinic to address treatment gaps across Washington.

After review of the results of the RFI, HCA and Commerce decided to move forward in issuing this RFA with the primary purpose of providing funding to Applicants to either build or retrofit an existing site for an OTP in Washington state. Participation in the RFI is not required to apply to this RFA.

1.3.2. Background Specific to Bid Opportunity 1 (HCA):

The sum of $3,768,000, or as much thereof as may be necessary, was appropriated for the fiscal biennium ending June 30, 2025, from the opioid abatement settlement account. The amount is provided solely for the HCA to expand OTPs with a prioritization for rural areas. If the project will exceed the limit, the Applicant must be able to submit proof that all other funding to complete the project is committed and secured prior to https://www.ecfr.gov/current/title-42/chapter-I/subchapter-A/part-8 https://doh.wa.gov/licenses-permits-and-certificates/facilities-z/behavioral-health-agencies-bha/opioid-treatment-program/opioid-treatment-program-licensing-and-certification https://doh.wa.gov/licenses-permits-and-certificates/facilities-z/behavioral-health-agencies-bha/opioid-treatment-program/opioid-treatment-program-licensing-and-certification https://doh.wa.gov/licenses-permits-and-certificates/facilities-z/behavioral-health-agencies-bha/opioid-treatment-program/opioid-treatment-program-licensing-and-certification

Washington State Page 10 of 51 OTP Facility Build/Retrofit going to contract so that the behavioral health site will be completed and become operational within six months of HCA reimbursing the final grant funds and closing out the contract.

After gathering feedback from stakeholders, HCA proposed to allocate the appropriated funds for new construction or retrofit of an existing facility in a rural county of central and eastern Washington to increase opioid treatment access by building an OTP clinic. This decision was made because the only existing OTPs that operate in central and eastern Washington are in Yakima, Benton, and Spokane Counties.

HCA intends to award one (1) contract to provide the services described in this RFA.

1.3.3. Background Specific to Bid Opportunity 2 (Commerce):

Commerce was appropriated $4,122,500, after Administrative Costs, in the 2024 supplemental Capital Budget (ESSB 5949, Section 1009, sub. 5(e)) solely for grants to community providers to increase Opioid Treatment Program services and access. Commerce is planning to award one contract for this project. If the project will exceed the limit, the Applicant must be able to submit proof that all other funding to complete the project is committed and secured prior to going to Contract/Agreement so that the behavioral health site will be completed and become operational within six months of Commerce reimbursing the final grant funds and closing out the contract.

Commerce grant funds must be expended by the end of the Contract/Agreement term. The Contract/Agreement term will be identified as a four-year period, but the Applicant should be aware Washington operates under a biennial (two-year) budget, with the current budget ending on June 30, 2025.

Each appropriation in the capital budget must, by law, lapse at the close of the biennium. Commerce will request one reappropriation of any unspent funds, which would allow funds allocated in the current budget to be spent until June 30, 2027. However, we cannot guarantee the legislature will agree to extend funding, nor can we legally obligate funds from one biennium to another. Applicants are encouraged to get under contract and expend their funding in a timely manner.

Commerce funds will not be limited to only rural Applicants in central and eastern Washington but will prioritize projects that serve rural or underserved communities.

Commerce intends to award one (1) contract to provide the services described in this RFA.

1.4. SCOPE OF WORK

1.4.1. Bid Opportunity 1 (HCA)

This project is to award one-time funding to help build a new OTP facility or retrofit an existing building to become an OTP. Funding is available to nonprofits, for-profit businesses, public entities, and Tribes.

Funding must establish new capacity for behavioral health services in communities and address gaps in geographical behavioral health service needs.

The ASA(s) scope of work includes acquisition, planning, construction, and renovation of an existing building for an OTP outpatient facility.

The ASA(s) will provide information on how capital funds will be used for any of the following:

a. To purchase real property through a real estate closing process;

b. To plan and design renovation or new construction of a facility;

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c. To renovate existing square footage of a facility;

d. For new construction to add new square footage to an existing facility; or

e. For new construction of a facility.

The project must result in a licensed behavioral health OTP facility as per RCW 71.24.590 that adds new or expands OTP services in a rural setting in Washington state.

The ASA(s) must have an organizational infrastructure related to compliance, oversight of documentation integrity, maintenance of medical records or program clinical records, i.e., Electronic Health Records (EHR), database system or other method. This should include security protocols, agency policies and procedures, and training plans. The ASA(s) will adhere to WAC 246-341 for applicable OTP services.

Applicants must commit to obtain and maintain licensure and certification for the proposed facility and behavioral health services provided at the facility through all applicable licensing bodies. Applicants should review applicable RCW and WAC to determine licensing and certification requirements for OOTPs.

Applicants must commit to serve persons who are publicly funded.

Project readiness is an important component of a competitive Application. Applications must include the date upon which renovation or new construction will begin and anticipated date of completion of the project.

As well, a detailed estimate of the costs associated with opening the facility and a plan demonstrating the ability to maintain and operate the facility will be part of the Application.

For any contract(s) that may be awarded to a Tribal government, HCA and the tribe may negotiate an Indian Nation Agreement (INA) that includes the scope of work attached to this RFA, as found in Exhibit B-

2. Indian Nation agreements (INA) and scope of work for behavioral health services with Washington State Health Care Authority.

Awardees are encouraged to get under contract and expend their funding in a timely manner.

1.4.2. Bid Opportunity 2 (Commerce)

1.4.2.1. The Behavioral Health Facilities (BHF) program, operated by Commerce, receives funding from the Legislature and may provide grants as defined in the capital budget.

1.4.2.1.1. Funding is available to nonprofits, for-profit businesses, public entities, and Tribes that are also community hospitals or other community based behavioral health providers.

1.4.2.1.2. Funding must establish new capacity for behavioral health services in communities and address gaps in geographical behavioral health service needs. Behavioral health services are defined in 71.24 RCW and 71.36 RCW.

1.4.2.1.3. Funding may be used for construction and equipment costs associated with the establishment of a facility. Acquisition may be allowable as long as it will result in increased behavioral health capacity. For acquisition, Commerce will only provide up to seventy-five percent (75%) of acquisition costs.

1.4.2.1.4. Applicants must show collaboration with one or more regional behavioral health entities that administer the purchasing of services and these relationships must be maintained.

https://apps.leg.wa.gov/rcw/default.aspx?cite=71.24.590 https://app.leg.wa.gov/wac/default.aspx?cite=246-341 https://doh.wa.gov/licenses-permits-and-certificates/facilities-z/behavioral-health-agencies-bha/opioid-treatment-program/opioid-treatment-program-licensing-and-certification

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1.4.2.1.5. Applicants must obtain and maintain licensure and certification for the proposed facility and behavioral health services provided at the facility through all applicable licensing bodies. Applicants should review applicable RCW and WAC to determine licensing and certification requirements for the facility type they are proposing for grant funding.

1.4.2.1.6. Applicants must commit to serve persons who are publicly funded.

1.4.2.1.7. Applicants of proposed facilities that are required to treat people with involuntary treatment orders must commit to serve persons detained under the involuntary treatment act per 71.05 RCW and must work with local courts and prosecutors to ensure prosecutors and courts in the area served by the hospital or facility will be available to conduct involuntary commitment hearings and proceedings under

71.05 RCW.

1.4.2.1.8. Applicants must commit to maintain and operate the facility and provide behavioral health services for the commitment period of ten (10) years. This commitment period extends past the Period of Performance of the Contract/Agreement. A deed of trust will be established during Contract/Agreement negotiations.

1.4.2.2. Project readiness is an important component of a competitive Application. Applications must include the date upon which renovation or new construction will begin and anticipated date of completion of the project. As well, a detailed estimate of the costs associated with opening the facility and a plan demonstrating the ability to maintain and operate the facility will be part of the Application.

1.4.2.3. Applicants must obtain a Washington State business license through the Department of Revenue (DOR) and be registered with the Washington Secretary of State (SOS), if applicable. A license through DOR and if applicable, registration through SOS must be maintained throughout the commitment period of the grant.

1.4.2.4. Applicants must prove site control. If BHF funds are needed to acquire real property, funds may be released at close through the escrow process. Commerce has published a behavioral health model ordinance and communications toolkit to assist with project siting.

Those documents are located on the Model Ordinance webpage.

1.4.2.5. Applicants must prove all other funding sources are committed so that the behavioral health site will be completed and become operational.

1.4.2.6. Funds cannot be used for costs incurred before the date of award letter. This includes acquisition costs. Funding must be utilized in the manner outlined in the Application.

1.4.2.7. Funds must be used for eligible costs outlined in the Commerce BHF Program Guidelines:

https://deptofcommerce.box.com/s/dy7c98xflh42mohnp6zsd6nx4h8qndkf. Grant funds must be expended by the end of the contract term. The contract term will be identified as a four-year period but the awardee should be aware Washington operates under a biennial (two-year) budget that ends on June 30, 2025. Each appropriation in the Capital Budget must, by law, lapse at the close of the biennium. Commerce will request one reappropriation of any unspent funds, which would allow funds to be spent until June 30, 2027. However, we cannot guarantee the Legislature will agree to extend funding, nor can we legally obligate funds from one biennium to another.

Awardees are encouraged to get under contract and expend their funding in a timely manner.

1.5. MINIMUM QUALIFICATIONS / ELIGIBILITY REQUIREMENTS

The following are the minimum qualifications for Applicants applying to either Bid Opportunity:

https://deptofcommerce.box.com/s/dy7c98xflh42mohnp6zsd6nx4h8qndkf

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1.5.1. Eligible Applicants for this RFA could either be an:

1.5.1.1. OTP provider currently operating an approved OTP in Washington State or elsewhere nationally which can maintain OTP Accreditation in good standing; or

1.5.1.2. A Washington state Tribe with the necessary knowledge and resources to own and operate an OTP.

1.5.2. Additional requirements:

1.5.2.1. Licensed to do business in the state of Washington or provide a commitment that it will become licensed in Washington within 30 calendar days of being selected as the Apparent Successful Applicant.

1.5.2.2. Licensed as a Behavioral Health Agency (BHA) with DOH or provide a commitment to submit an Application, including required policies and procedures and fees, to become a BHA within sixty (60) days after being selected as the ASA.

1.5.2.3. Commitment to apply for an OTP license, including all required documentation and fees with DOH within sixty (60) days after being selected as the ASA.

1.5.2.4. Experience with operating and managing behavioral healthcare services.

1.5.2.5. Provision of, or agreement to enter into within thirty (30) calendar days of being selected as the ASA, a Core Provider Agreement (CPA) with HCA.

1.5.2.6. Experience with and have an agency infrastructure for billing and clinical review processes required by managed care organizations (MCOs), Behavioral Health – Administrative Service Organizations (BH-ASOs) and commercial insurance.

1.5.2.7. The ability to adhere to all applicable state and federal regulations for OTP as outlined in WAC 246-341-1005.

1.5.2.8. Non-tribal Applicants must have experience in operating successful OTPs and provide data related to outcomes.

1.5.2.9. The ASA(s) must have an organizational infrastructure related to compliance, oversight of documentation integrity, maintenance of medical records or program clinical records, i.e., EHR, database system or other method. This should include security protocols, agency policies and procedures, and training plans. The ASA(s) will adhere to WAC 246-341 for applicable OTP services.

1.5.2.10. HCA and Commerce additionally require that Applicants be able to prove site control prior to going to contract with HCA or Commerce and a commitment by the Applicant to maintain and operate the facility for a time period commensurate to the state investment, but for at least a 10-year period.

1.5.2.11. Applications must include project construction costs and all other requested documents.

1.6. FUNDING AND CONTRACT PERIOD

1.6.1. Bid Opportunity 1 (HCA):

HCA has budgeted an amount not to exceed $3,768,000 for this project. HCA is planning to award one (1) contract for this project.

https://app.leg.wa.gov/WAC/default.aspx?cite=246-341-1005 https://app.leg.wa.gov/wac/default.aspx?cite=246-341

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Applications in excess of $3,768,000 for Bid Opportunity 1 will be considered non-responsive and will not be evaluated. A single Applicant may be awarded both Bid 1 and Bid 2 opportunities if the Applications are for separate locations and projects.

If the project will exceed the limit, the Applicant must be able to submit proof that all other funding to complete the project is committed and secured prior to going to contract so that the behavioral health site will be completed and become operational within six months of closing out the contract.

Any contract awarded as a result of this procurement is contingent upon the availability of funding. HCA may provide additional funding or de-obligate unused funds, if it is deemed by HCA, in its sole discretion, to be in HCA’s best interest relative to the overall purpose and objective as stated herein.

1.6.2. Bid Opportunity 2 (Commerce):

Commerce has budgeted an amount not to exceed $4,122,500 for this project. Commerce is planning to award one contract for this project.

If the Commerce project will exceed the limit, the Applicant must be able to submit proof that all other funding to complete the project is committed and secured prior to going to contract so that the behavioral health site will be completed and become operational within six months of Commerce reimbursing the final grant funds and closing out the contract.

Applications in excess of $4,122,500 for Bid Opportunity 2 will be considered non-responsive and will not be evaluated. A single organization may not receive multiple awards under Bid 2, even if applying for multiple service locations. A single Applicant may be awarded both Bid 1 and Bid 2 opportunities if the Applications are for separate locations and projects.

1.7. PERIOD OF PERFORMANCE

1.7.1. Bid Opportunity 1 Contract Term (HCA):

Estimated contract date range January 1, 2025 to December 31, 2027. HCA reserves the right to extend the contract for up to two (2) years, in whatever increments HCA deems appropriate, for a total of four (4) years in the life of the Contract, at the sole discretion of HCA, and contingent on availability of funds.

HCA project funds must be expended by June 30, 2025. Awardees are encouraged to get under contract and expend their funding in a timely manner.

1.7.2. Bid Opportunity 2 Contract Term (Commerce):

Estimated contract date range from contract execution to June 30, 2025; June 30, 2027, if reappropriated by the legislature.

Commerce grant funds must be expended by the end of the contract term. The contract term will be identified as a four (4) year period, but the Applicant should be aware Washington operates under a biennial (two-year) budget, with the current budget ending on June 30, 2025. Each appropriation in the capital budget must, by law, lapse at the close of the biennium. Commerce will request one reappropriation of any unspent funds, which would allow funds allocated in the current budget to be spent until June 30, 2027. However, we cannot guarantee the legislature will agree to extend funding, nor can we legally obligate funds from one biennium to another. Applicant are encouraged to get under contract and expend their funding in a timely manner.

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COMMERCE COMMITMENT PERIOD

All real property, owned or leased by the Applicant that is acquired, constructed, or otherwise improved by the Applicant using state funds, shall be held and used by the Applicant for the purpose or purposes stated in the contract for a period identified as the “commitment period” and will last for ten years after the Certification of Occupancy has been issued for the facility.

The Applicant is not prohibited from selling or transferring the property described in the contract provided that:

a. any such sale or transfer shall be subject to prior review and approval by Commerce;

b. all proceeds from the sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility; and

c. any such new facility or facilities will be used for the purpose or purposes stated in the contract.

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2. GENERAL INFORMATION FOR APPLICANTS (Unless indicated, information below is applied to both bid opportunities)

2.1. RFA COORDINATOR

The RFA Coordinator is the sole point of contact in HCA or Commerce for this solicitation. All communication between the Applicant and HCA or Commerce upon release of this RFA must be with the RFA Coordinator, as follows:

Name Kimberly French

E-Mail Address HCAProcurements@hca.wa.gov

Any other communication will be considered unofficial and non-binding on HCA or Commerce. Applicants are to rely on written statements issued by the RFA Coordinator. Communication directed to parties other than the RFA Coordinator may result in disqualification of the Applicant.

2.2. PRE-APPLICATION WEBINAR

A pre-Application conference is scheduled to be held on September 30 at 2 PM p.m., Pacific Time via a video-conferencing tool at HCA and Commerce’s discretion. All prospective Applicants should attend; however, attendance is not mandatory. An agenda containing meeting details and links will be posted as an amendment to this solicitation.

HCA and Commerce will be bound only to HCA and Commerce written answers to questions. Questions arising at the pre-Application conference or in subsequent communication with the RFA Coordinator will be documented and answered in written form. A copy of the questions and answers will be posted on WEBS as an Amendment to this RFA.

2.3. QUESTIONS, ANSWERS, & CLARIFICATIONS

Applicants are provided an opportunity to ask questions during the Applicant question period which starts on the date of the RFA posting and concludes on the Questions Due date specified in Section 1.2 (ESTIMATED

SCHEDULE OF SOLICITATION ACTIVITIES).

2.3.1. Questions regarding the RFA will only be accepted in writing, sent by email to the RFA Coordinator. The Applicant must use the following email subject line when submitting questions:

“RFA 2024 Question(s) – [Applicant Name]” to ensure timely receipt.

2.3.2. HCA and Commerce anticipates it will post answers to the questions in WEBS as an RFA amendment on the Answers Posted date specified in Section 1.2 (ESTIMATED SCHEDULE OF

SOLICITATION ACTIVITIES).

2.3.3. HCA and Commerce are under no obligation to respond to any questions received after the Questions Due date but may do so at its discretion.

mailto:HCAProcurements@hca.wa.gov

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2.4. SUBMISSION OF APPLICATIONS

Applications must be received by the RFA Coordinator no later than the Application Due deadline in Section 1.2, (ESTIMATED SCHEDULE OF SOLICITATION ACTIVITIES). Applications must be submitted electronically as an attachment to an e-mail to the RFA Coordinator at the e-mail address listed in Section 2.1, and meet the following requirements:

2.4.1. Attachments to e-mail must be in Microsoft Word format or PDF.

2.4.2. The Budget Narrative must be submitted as a separate attachment.

2.4.3. Zipped files cannot be received by HCA or Commerce and cannot be used for submission of Applications.

2.4.4. The forms and certifications that require authorized signature (as designated in section 3.1, APPLICATION CONTENTS OVERVIEW) must have a signature of the individual within the organization authorized to bind the Applicant to the offer.

2.4.5. HCA or Commerce does not assume responsibility for problems with Applicant’s e-mail. If HCA or Commerce e-mail is not working, appropriate allowances will be made.

Applicants should allow sufficient time to ensure timely receipt of the Application by the RFA Coordinator. Late Applications will not be accepted and will be automatically disqualified from further consideration, unless HCA or Commerce e-mail is found to be at fault or HCA or Commerce deems a grace period is in the best interest of the State. All Applications and any accompanying documentation become the property of HCA and Commerce and will not be returned.

2.5. PROPRIETARY INFORMATION / PUBLIC DISCLOSURE

Applications submitted in response to this RFA will become the property of HCA and Commerce. All Applications received will remain confidential until the Apparent Successful Applicant is announced; thereafter, the Applications will be deemed public records as defined in chapter 42.56 of the Revised Code of Washington (RCW). Exceptions considered only if Applicant identifies content as proprietary in their Application materials.

2.6. REVISIONS TO THE RFA

If HCA and Commerce determines in its sole discretion that it is necessary to revise any part of this RFA or provide any additional information, HCA and Commerce will post on Washington’s Electronic Bid System (WEBS), at https://fortress.wa.gov/ga/webs/, an amendment capturing changes or additions. For this purpose, the published questions and answers and any other pertinent information will be provided as an addendum to the RFA and will be placed on the website.

HCA and Commerce also reserves the right to cancel or to reissue the RFA in whole or in part, prior to execution of a contract.

2.7. COMPLAINT PROCESS

2.7.1. Vendors may submit a complaint to HCA and Commerce based on any of the following:

2.7.1.1. The RFA unnecessarily restricts competition;

https://fortress.wa.gov/ga/webs/

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2.7.1.2. The RFA evaluation or scoring process is unfair or unclear; or

2.7.1.3. The RFA requirements are inadequate or insufficient to prepare a response.

2.7.2. A complaint must be submitted to HCA and Commerce prior to five business days before the bid response deadline. The complaint must:

2.7.2.1. Be in writing;

2.7.2.2. Be sent to the RFA Coordinator in a timely manner;

2.7.2.3. Clearly articulate the basis for the complaint; and

2.7.2.4. Include a proposed remedy.

The RFA Coordinator will respond to the complaint in writing. The response to the complaint and any changes to the RFA will be posted on WEBS. The Directors of HCA and Commerce will be notified of all complaints and will be provided a copy of HCA’s response. An Applicant or potential Applicant cannot raise during a bid protest any issue that the Applicant or potential Applicant raised in a complaint. HCA and Commerce’s action or inaction in response to a complaint will be final.

There will be no appeal process.

2.8. RESPONSIVENESS

The RFA Coordinator will review all Applications to determine compliance with administrative requirements and instructions specified in this RFA. An Applicant’s failure to comply with any part of the RFA may result in rejection of the Application as non-responsive.

HCA and Commerce also reserves the right at its sole discretion to waive minor administrative irregularities.

2.9. MOST FAVORABLE TERMS

HCA and Commerce reserves the right to make an award without further discussion of the Application submitted. Therefore, the Application should be submitted initially on the most favorable terms which the Applicant can propose. HCA or Commerce reserve the right to contact an Applicant for clarification of its Application.

2.10. RECEIPT OF INSUFFICIENT NUMBER OF APPLICATIONS

If HCA or Commerce receives only one (1) responsive Application as a result of this RFA, HCA or Commerce reserves the right to either: 1) directly negotiate and contract with the Applicant; or 2) not award any contract at all. HCA or Commerce may continue to have the Applicant complete the entire RFA. HCA and Commerce is under no obligation to tell the Applicant if it is the only Applicant.

2.11. NO OBLIGATION TO CONTRACT

This RFA does not obligate HCA or Commerce to enter into any contract for services specified herein.

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2.12. REJECTION OF APPLICATIONS

HCA or Commerce reserves the right, at its sole discretion, to reject any and all Applications received without penalty and not to issue any contract as a result of this RFA.

2.13. BID OPPORTUNITY 1 (HCA) INFORMATION: SUBCONTRACTOR PARTICIPATION

MONITORING AND REPORTING

Pursuant to Executive Order 22-01, Equity in Public Contracting (dated 01/07/2022), Applicants using Subcontractors for any part of this work will be subject to the requirements of this section if awarded a Contract/Agreement as a result of this solicitation.

Once a Contract/Agreement is awarded through the solicitation process, the awarded Contractor/Tribe is obligated to complete a new vendor registration in Access Equity. Access Equity (B2Gnow) is a secure business diversity management system available online at https://omwbe.diversitycompliance.com/.

Confidential Information (e.g., Tax ID, etc.) will not be published in Access Equity. Contractors that have previously registered with B2Gnow for any public entity, must verify and ensure that Access Equity contains their most up-to-date registration information. Contractors can navigate online to Access Equity at https://omwbe.diversitycompliance.com/ or through a direct link on the Office of Minority and Women’s Business Enterprises (OMWBE) website at: https://omwbe.wa.gov/.

During the Contract/Agreement term, the Contractor/Tribe will report monthly payments to all relevant Subcontractors in Access Equity. Monthly reporting information includes total dollar payments made to relevant Subcontractors, payment dates, and any additional information required to verify payment to Subcontractors.

The Contractor/Tribe will enter this payment information into Access Equity, and the Subcontractors will verify this payment information in the system. This requirement applies to both Contractors and Subcontractors.

Online training is available through Access Equity.

2.14. RESPONSIBILITIES AND ACCOUNTABILITY OF THE CONTRACTOR

Each Applicant awarded a Contract/Agreement for this work is referred to as a Contractor/Tribe.

The Contractor has full responsibility for the conduct of the project and the results achieved. Each project coordinator shall monitor the day-to-day performance of the grant project to assure adherence to statutes, regulations, and grant terms and conditions. The Contractor Project Coordinator will carry out the activities described in the scope of work to achieve project goals, objectives, and desired outcomes.

The Contractor will be accountable for all grant funds and must ensure all funds are used solely for authorized purposes. Projects selected for this work will receive funding on a cost-reimbursement basis only.

The Contractor will ensure by written agreement the following:

2.14.1. Funds will be used only for activities covered by…