2025HCA3-OTPFacilityBuildRetrofit-Final.pdf

STATE OF WASHINGTON

HEALTH CARE AUTHORITY

REQUEST FOR APPLICATIONS (RFA)

RFA NO. 2025HCA3

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

APPLICATION DUE DATE: March 27, 2025 by 4:00 p.m. Pacific Time, Olympia, Washington, USA.

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

ESTIMATED TIME PERIOD FOR CONTRACT: May 1, 2025 to June 30, 2025

HCA project funds must be expended by June 30, 2025. HCA reserves the right to extend the 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.

FUNDING: HCA has budgeted an amount not to exceed $1,918,000 for this project. HCA is planning to award one or more Contract(s) for this project.

RFA CONTACT: The RFA Coordinator is the sole point of contact for this procurement. All communication between the Applicant and HCA 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 2025HCA3 in the subject line.

Any other communication will be considered unofficial and non-binding on HCA. 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 35 OTP Facility Build/Retrofit Health Care Authority RFA #: 2025HCA3

TABLE OF CONTENTS

INTRODUCTIONS

1.1. DEFINITIONS

1.2. ESTIMATED SCHEDULE OF SOLICITATION ACTIVITIES

1.3. PURPOSE AND OBJECTIVES

1.4. BACKGROUND

1.5. SCOPE OF WORK

1.6. MINIMUM QUALIFICATIONS / ELIGIBILITY REQUIREMENTS

1.7. FUNDING AND CONTRACT PERIOD

1.8. PERIOD OF PERFORMANCE

GENERAL INFORMATION FOR APPLICANTS

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. 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

3.1. APPLICATION CONTENTS OVERVIEW

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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)

3.7. DRAFT CONTRACT (MANDATORY):

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

3.9. BUDGET NARRATIVE (MANDATORY/SCORED)

3.10. 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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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.

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.

Contract/Agreement – The agreement between HCA and the ASA to carry out the ASA’s proposed program.

For funding awarded to Tribal governments, HCA may develop an intergovernmental agreement through their Tribal agreement process.

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

https://www.samhsa.gov/substance-use/treatment/opioid-treatment-program/accreditation-bodies https://doh.wa.gov/licenses-permits-and-certificates/facilities-z/behavioral-health-agencies-bha/opioid-treatment-program/opioid-treatment-program-otp-accreditation http://www.carf.org/home/ https://www.jointcommission.org/ https://coanet.org/

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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.

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.

http://apps.leg.wa.gov/rcw/

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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.

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).

1.2. ESTIMATED SCHEDULE OF SOLICITATION ACTIVITIES

HCA Release of Request for Applications March 3, 2025

Pre-Application Conference via Microsoft Teams March 11, 2025, 2:00pm PT

Questions Due from Applicants March 14, 2025, 2:00pm PT

HCA Posts Answers to Applicant(s) Questions* March 18, 2025, 4:00pm PT

Application(s) Due Date March 27, 2025, 4pm PT

Evaluate Applications* March 28-April 2, 2025

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

April 9, 2025

Applicant Request for Debrief Due Date April 14, 2025

Hold Debrief Conferences via conference call (if needed) April 10-16, 2025

Negotiate Contract April 2025

Estimated Contract Start Date May 1, 2025

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

HCA 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 which may modify the terms of this RFA.

1.3. PURPOSE AND OBJECTIVES

The Washington State Health Care Authority, hereafter called “HCA,”, is initiating this Request for Application (RFA) to solicit Applications from Opioid Treatment Providers who are planning to build/retrofit or are already building/retrofitting an opioid treatment program clinic with a prioritization on rural settings.

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

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HCA received funding through the Washington State Legislature to build or retrofit an OTP clinic with a priority on a rural area with limited access to opioid treatment programs. There was an RFA released on September 20, 2024, in which HCA made an award of a portion of the overall funds to a successful applicant. HCA is posting this second RFA opportunity in an effort to contract out recently available funds.

There is one or more available contract opportunities via this RFA, 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. Funding source and specific state agency requirements will be addressed in the respective resulting contracts.

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’s State Opioid Treatment Authority (SOTA) brings subject matter expertise in the requirements and best practices for running a successful facility.

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.

1.4. BACKGROUND

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 reviewing the results of the RFI, HCA released a Request for Application (RFA) on September 20, 2024, with the primary purpose to build or retrofit an existing site for an OTP in Washington state. HCA awarded a portion of the overall funds to an ASA. As funds remain, HCA is posting a second RFA opportunity in an effort to contract out existing funds. Participation in the RFI is not required to apply to this RFA. Previous applicants to 2024HCA8 are eligible to apply to this RFA.

1.4.1. Background:

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

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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, of which $1,918,000 remains available. The amount is provided solely for the HCA to expand OTPs with prioritization for rural areas without existing access to an OTP. 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 HCA reimbursing the final grant funds and closing out the contract.

HCA intends to award one or more contract(s) to provide the scope of work described in this RFA.

1.5. SCOPE OF WORK

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 opioid treatment 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 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;

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 prioritizing rural settings in Washington State. This opportunity is NOT for proposed OTP fixed site medication units or OTP mobile medication units.

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 OTPs.

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. Given the short time frame of the funding deadline, priority will be given to programs that indicate they are already in the process of building/retrofitting an 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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OTP clinic. Priority will be given to Applicants who are currently in the process of building or retrofitting for an OTP facility.

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 HCA.

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

1.6. MINIMUM QUALIFICATIONS / ELIGIBILITY REQUIREMENTS

The following are the minimum qualifications for Applicants:

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

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

1.6.1.2. A Washington state Tribe with the necessary knowledge and resources to own and operate an OTP. OTP experience is not required for tribally owned/operated agencies, although helpful.

1.6.2. Additional requirements:

1.6.2.1. 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 ASA.

1.6.2.2. 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.

1.6.2.3. 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.

1.6.2.4. Experience with operating and managing behavioral healthcare services.

1.6.2.5. 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.

1.6.2.6. 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.

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

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

1.6.2.9. 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.

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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1.6.2.10. HCA additionally requires that Applicants be able to prove site control prior to going to contract with HCA 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.

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

1.7. FUNDING AND CONTRACT PERIOD

HCA has budgeted an amount not to exceed $1,918,000 for this project. HCA is planning to award one or more contracts for this project.

Applications in excess of $1,918,000 will be considered non-responsive and will not be evaluated.

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.

Applications that do not demonstrate how funding will be spent out by June 30, 2025 may be considered non-responsive and may not be evaluated.

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.

1.8. PERIOD OF PERFORMANCE

Estimated contract date range May 1, 2025 to December 31, 2027. HCA reserves the right to extend the contract for up to two (2) years, in 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.

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GENERAL INFORMATION FOR APPLICANTS

2.1. RFA COORDINATOR

The RFA Coordinator is the sole point of contact for this solicitation. All communication between the Applicant and HCA 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. 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 March 11, 2025, at 2 PM p.m., Pacific Time via a video-conferencing tool at HCA’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 will be bound only to HCA 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:

“2025HCA3 Question(s) – [Applicant Name]” to ensure timely receipt.

2.3.2. HCA 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 is under no obligation to respond to any questions received after the Questions Due date but may do so at its discretion.

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:

mailto:HCAProcurements@hca.wa.gov

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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 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 does not assume responsibility for problems with Applicant’s e-mail. If HCA‘s-email 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 e-mail is found to be at fault or HCA deems a grace period is in the best interest of the State. All Applications and any accompanying documentation become the property of HCA and will not be returned.

2.5. PROPRIETARY INFORMATION / PUBLIC DISCLOSURE

Applications submitted in response to this RFA will become the property of HCA. All Applications received will remain confidential until the ASA 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 determines in its sole discretion that it is necessary to revise any part of this RFA or provide any additional information, HCA 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 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 based on any of the following:

2.7.1.1. The RFA unnecessarily restricts competition;

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 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

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

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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 Director of HCA 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 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 also reserves the right at its sole discretion to waive minor administrative irregularities.

2.9. MOST FAVORABLE TERMS

HCA 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 reserves the right to contact an Applicant for clarification of its Application.

2.10. RECEIPT OF INSUFFICIENT NUMBER OF APPLICATIONS

If HCA receives only one (1) responsive Application as a result of this RFA, HCA reserves the right to either: 1) directly negotiate and contract with the Applicant; or 2) not award any contract at all. HCA may continue to have the Applicant complete the entire RFA. HCA 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 to enter into any contract for services specified herein.

2.12. REJECTION OF APPLICATIONS

HCA 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. 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/.

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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 ensure 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 the approved project plan

2.14.2. Funds will not be used in violation of any restrictions and/or prohibitions of applicable statutes

2.14.3. All budget and performance reports will be completed and submitted in a timely manner

2.14.4. All project records will be kept for three years upon close-out of the award

2.14.5. An adequate accounting system is in place with good internal controls to ensure expenditures and reimbursements are reported accurately from all funding sources related to the project.

2.15. RISK ASSESSMENT

If you are eligible to move forward in the process, you will need to submit the following documentation:

2.15.1. If applicable, IRS determination letter for all 501 designated organizations.

2.15.2. Insurance certificate or self-insurance letter – You must have sufficient insurance coverage to protect the assets/amount of the Contract/Agreement, as described in Exhibit B-1, Draft Contract or Exhibit B-2, INA.

2.15.3. Last two (2) years’ IRS Form 990 or 990EZ.

2.15.4. Provide copies, if requested, of any audit reports prepared as a result of a visit by a state and/or federal agency for the previous three (3) years.

https://omwbe.diversitycompliance.com/ https://omwbe.wa.gov/

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2.15.5. Provide copies, if requested, of any active complaints of investigations active or closed over timeline of last three (3) years, from WA DOH and/or federal OTP Accreditation Body.

2.15.6. Copy of organization’s bylaws (for non-profits).

2.15.7. Copy of organization’s policies, or attestation that the organization complies with statutes regarding conflict of interest, discrimination, drug-free workplace, sexual harassment, minimum wage, and Title VI of the Civil Rights Act.

2.15.8. Certificate of Debarment Status on form AD 1048.

2.15.9. List of staff positions and salaries.

2.16. BUDGET DEVELOPMENT

Awards are subject to the most recent state and Federal award terms and conditions, including, but not limited to: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200), and other laws and regulations affecting Federal assistance. All costs must be allowable, allocable, and reasonable in accordance with the Federal cost principles outlined in 2 CFR part 200 Subpart E.

Applicants must adhere to the State of Washington procurement statutes for all purchases, contracts, travel, personnel and per diem costs being paid for with Federal funds.

General equipment purchases are not allowed by HCA in the Contract. Specific equipment that is crucial to the success of the execution of the project may be applied for as Supplies.

Supplanting/Non-Supplanting

• Federal funds may be used to supplement (add to), enhance, or expand existing services for program activities, but shall not replace (supplant) those funds that have already been appropriated for the same purpose.

• A grant recipient may not use Federal grant funds to defray any costs that the recipient already is obligated to pay.

• The possibility of supplanting will be the subject of careful application review, possible pre-award review, post-award monitoring, and audit of any finding.

2.17. CONTRACT AND GENERAL TERMS & CONDITIONS

The ASA will be expected to enter into a contract with HCA. HCA’s general contract terms and conditions apply and are available for review in the WEBS posting. If, after the announcement of the ASA, and after a reasonable period of time, the ASA and HCA cannot reach agreement on acceptable terms for the Contract, the HCA may cancel the selection and Award the Contract to the next most qualified Applicant.

2.18. COMMITMENT OF FUNDS

The Director of HCA or their delegate is the only individual who may legally commit HCA to the expenditures of funds for a contract resulting from this RFA. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract.

Disbursement of funds will occur only once the Applicant is under contract and securitization is complete. We anticipate the pre-contracting process to begin approximately one month following award announcements. Pre-

Washington State Page 16 of 35 OTP Facility Build/Retrofit contracting and securitization requirements may take anywhere from a few weeks to many months to complete.

Applicants are encouraged to work very closely with their contract manager to ensure an efficient process.

Once the pre-contracting requirements are met, the contract execution process will begin.

Securitization of the grant can occur simultaneously to the pre-contracting process and typically takes a month or more to complete. If grant funds will be needed through escrow to acquire real property, it is important that the contract manager knows this well in advance of the close date. Our pre-contracting requirements will not be waived in order to meet close dates, so the Applicant should take these requirements into consideration when negotiating a close date with the seller.

2.19. STATE AND FEDERAL COMPLIANCE

HCA complies with state and federal statutes and policies, to include, but not limited to:

2.19.1. ADA - HCA complies with the Americans with Disabilities Act (ADA). Applicants may contact the RFA Coordinator to receive this RFA in Braille or on tape.

2.19.2. Accessibility - HCA is committed to making its materials and programs accessible to all customers and employees. If you experience any difficulty accessing information provided by HCA please contact us at HCAProcurements@hca.wa.gov. We will do our best to assist you, which may include providing the information to you in an alternative format.

2.19.3. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. Applicants should familiarize themselves with the requirements prior to submitting an Application that includes current or former state employees.

2.19.4. Discrimination - In accordance with federal law, HCA is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. HCA is an equal opportunity provider and employer.

2.19.5. In preparing this Application, Applicant has not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to this Application or prospective contract, and who was assisting in other than their official, public capacity.

2.19.6. Applicant grants HCA the right to contact references and others who may have pertinent information regarding the ability of the Applicant and the lead staff person to perform the services contemplated by this RFA.

2.19.7. If any of the Applicant’s staff members who will perform work on this contract have retired from the state of Washington under the provisions of the 2008 Early Retirement Factors legislation, their name(s) are noted on a separately attached page.

mailto:hcaprocurements@hca.wa.gov

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3. APPLICATION CONTENTS AND REQUIREMENTS

3.1. APPLICATION CONTENTS OVERVIEW

Applications must be submitted per the instructions in Sections 2.4 SUBMISSION OF APPLICATION and 3.2 APPLICATION REQUIREMENTS AND GUIDELINES in the order noted below.

3.1.1. Applicant Forms and Certifications (Exhibit A)

3.1.1.1. All of the following are included in Exhibit A

3.1.1.1.1. Applicant Profile & Submittal Form* (Section 3.3 and Exhibit A, Section A)

3.1.1.1.2. Diverse Business Inclusion Plan (Section 3.4 and Exhibit A, Section B)

3.1.1.1.3. Executive Order 18-03 Worker’s Rights* (Section 3.5 and Exhibit A, Section C)

3.1.1.1.4. References (Section 3.6 and Exhibit A, Section D)

3.1.2. Draft Contract (Section 3.7 and Exhibit B)

3.1.3. Program Narrative and Project Description (Section 3.8 and Exhibits C and)

3.1.4. Budget Narrative (Section 3.9 and Exhibits D)

*Authorized signature required

3.2. APPLICATION REQUIREMENTS AND GUIDELINES

Applications must comply with the requirements or restrictions listed below. Failure to do so may result in the disqualification of the Applicant’s Application:

3.2.1. State the Entity’s full legal name on the first or cover page of the Application. Include the name of the person preparing the Application.

3.2.2. Applications must provide information in the same order as presented in this RFA and with the same headings. Title and number each item in the same way it appears in the RFA. Each question must be restated prior to the Applicant’s response.

3.2.3. All items listed in Section 3.1 (APPLICATION CONTENTS OVERVIEW) must be included as part of the Application for the Application to be considered responsive; however, only the following items will be scored during the evaluation process: Executive Order 18-03 Worker’s Rights, Program Narrative and Project Description, and Budget Narrative.

3.2.4. Applicants are liable for all errors or omissions contained in their Application. Applicants will not be allowed to alter Application documents after the deadline for Application submission. HCA is not liable for any errors in Applications.

HCA is under no obligation to consider any supplemental materials submitted that were not requested.

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3.3. APPLICANT PROFILE & SUBMITTAL FORM (MANDATORY)

Exhibit A, Applicant Forms and Certifications, Section A, Applicant Profile & Submittal Form must be completed in its entirety and signed and dated by a person authorized to legally bind the Applicant to a contractual relationship (e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship).

3.4. DIVERSE BUSINESS INCLUSION PLAN (MANDATORY)

Exhibit A, Applicant Forms and Certifications, Section B, Diverse Business Inclusion Plan must be completed in its entirety. In accordance with legislative findings and policies set forth in RCW 39.19 the state of Washington encourages participation in all contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE), set forth in RCW 43.60A.200 for firms certified by the Washington State Department of Veterans Affairs, and set forth in RCW 39.26.005 for firms that are Washington Small Businesses. Participation may be either on a direct basis or on a Subcontractor basis. However, no preference on the basis of participation is included in the evaluation of Diverse Business Inclusion Plans submitted, and no minimum level of minority- and women-owned business enterprise, Washington Small Business, or Washington State certified Veteran Business participation is required as a condition for receiving an award. Any affirmative action requirements set forth in any federal governmental regulations included or referenced in the contract documents will apply.

3.5. EXECUTIVE ORDER 18-03 (SCORED)

Applicant must review Exhibit A, Applicant Forms and Certifications, Section C and respond as to whether the Applicant requires its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses and class or collective action waivers.

3.6. REFERENCES (MANDATORY)

Provide three (3) business references for the Applicant using the reference form provided in Exhibit A, Applicant Forms and Certifications, Section D, References. References must be independent of the Applicant’s and Subcontractor’s company corporation (e.g., non-Applicant owned, in whole or in part, or managed, in whole or in part) and be for work similar to the Scope of Work contained herein. Complete all boxes of the reference form for each reference. By submitting an Application in response to this solicitation, the Applicant grants permission to HCA to contact these references and others, who from HCA’s perspective, may have pertinent information. At HCA’s sole discretion, HCA may or may not choose to contact references.

3.7. DRAFT CONTRACT (MANDATORY):

The ASA will be expected to enter into a contract which is substantially the same as the sample contract and its general terms and conditions attached as Exhibit B. HCA will not accept any draft contracts prepared by any Applicant. The Applicant must be prepared to agree to all terms of the attached Exhibit B, Draft Contract, as presented or the Application may be rejected. If Applicant has exceptions to the terms and conditions, they must include with their Application a copy of the Draft Contract with redline edits/comments documenting the changes they propose to be made if selected as ASA. If the Applicant fails to identify an objection to any particular term or condition, the term or condition will be deemed agreed to by the Applicant. HCA will review requested exceptions and accept or reject the same at its sole discretion.

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If, after the announcement of the ASA, and after a reasonable period of time, the ASA and HCA cannot reach agreement on acceptable terms for the Contract, the HCA may cancel the selection and Award the Contract to the next most qualified Applicant.

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

Exhibit C-Program Narrative and Project Description must be completed in its entirety in the Exhibit (See Section 3.2(E)). Applicant should respond using Exhibit C as its template, to ensure compliance with the formatting requirements outlined in Section 3.2(B).

3.9. BUDGET NARRATIVE (MANDATORY/SCORED)

Budget Attachment(s) and/or Exhibit(s) must be completed in the same order as presented in this document with the same headings.

The budget narrative will be scored based on how well the Applicant answers each question. Responses will be evaluated based on clear and complete responses. If Applicant cannot complete a specific section, they must provide an explanation, The evaluation process is designed to award this procurement not necessarily to the Applicant of least cost, but rather to the Applicant whose Application best meets the requirements of this RFA. However, Applicants are encouraged to submit Applications which are consistent with state government efforts to conserve state resources.

The maximum amount for this…