24-0456 RFP In-Home Aide Services.pdf

REQUEST FOR PROPOSALS

IN-HOME AIDE SERVICES

FOR THE

NEW HANOVER COUNTY SENIOR RESOURCE CENTER

RFP #24-0456

COUNTY COMMISSIONERS

BILL RIVENBARK, CHAIR

LEANN PIERCE, VICE-CHAIR

JONATHAN BARFIELD, J.R.

DANE SCALISE

ROB ZAPPLE

CHRIS COUDRIET, COUNTY MANAGER

INDEX OF ITEMS INCLUDED IN REQUEST FOR PROPOSAL PACKAGE

Copy of Advertisement

Schedule

Bidder Instructions

Technical Specifications

Exhibits:

# 1 NC Department of Health Service Regulation (DHSR) Licensure Standards

#2 Background information on Home and Community Care Block Grant for In-Home Aide Services

# 3 North Carolina Division of Aging & Adult Services (DAAS) Standards # 4 Consumer Contribution Policy & Procedures

# 5 NC DAAS Monitoring Tool for In-Home Aide Services

#6 HCCBG Budget Forms

Bid Proposal Form Exceptions Form Letter of Transmittal Code of Conduct Management Questionnaire E-Verify Form MWBE Form Iran Divestment Act Form Financial Integrity Form Evaluation Form (To be completed by County Evaluation Team) Draft Contract (For review only)

Section 1 – Advertisement

COUNTY OF NEW HANOVER, NORTH CAROLINA

REQUEST FOR PROPOSALS

FOR THE

NEW HANOVER COUNTY SENIOR RESOURCE CENTER

RFP # 24-0456

New Hanover County’s Senior Resource Center is accepting proposals for “RFP # 24-0456 IN- HOME AIDE SERVICES.” The deadline for receipt of Proposals is 5:00 pm EST, Friday, May 10, 2024.

Instructions for submitting Proposals and complete requirements and information may be obtained by visiting the County's website at https://www.nhcgov.com/bids.aspx.

Companies wanting to be considered for providing the required Services to the County should submit an electronic Proposal to Lena Butler at: lbutler@nhcgov.com. Proposals must be sent as an attachment to the e-mail (Companies may not provide a link to the document). PDF attachments must be limited to less than 50 MB. The subject line of the e-mail shall include

“RFP # 24-0456 IN-HOME AIDE SERVICES.”

New Hanover County reserves the right to accept or reject any or all Proposals and to make the Award which will be in the best interest of the County.

Released: Monday, April 22, 2024 https://www.nhcgov.com/bids.aspx mailto:lbutler@nhcgov.com

NEW HANOVER COUNTY

RFP #24-0456

Section 2-General Information

2.1-Schedule

Advertisement

Monday, April 22, 2024

Deadline for County’s receipt of Questions from bidders

Tuesday, April 30, 2024, at 5:00 p.m. EST

Deadline for Posting Addendum

Friday, May 3, 2024

Deadline for Receipt of Proposals

Friday, May 10, 2024 at 5:00 PM EST

Effective date for beginning of new contract

July 1, 2024

2.2 – Preparation of Proposals

2.2.1 Providers are instructed to submit their Proposals by email to lbutler@nhcgov.com . Please be sure to include “RFP # 24-0456 IN-HOME AIDE SERVICES” in the subject line of the email.

2.2.2 The deadline for Receipt of Proposals is Friday, May 10, 2024, at 5:00 PM EST.

Proposals received after the time and date for closing will not be accepted.

2.2.3 No telephone or facsimile Proposals will be considered.

2.3– Questions

Questions concerning this solicitation should be directed to Lena Butler, Purchasing Supervisor, at lbutler@nhcgov.com. Use the subject line "Question- RFP # 24-0456 IN- HOME AIDE SERVICES.” Questions will be received until Tuesday, April 30, 2024, at 5:00

PM EST.

Providers who notified the County of their intent to submit a proposal and their email address will be sent the question addendum upon posting.

2.4 – Addendum

The RFP package constitutes the entire set of instructions to the Respondent. The County shall not be responsible for any other instructions, verbal or written, made by anyone.

Any changes to the specifications will be in the form of an Addendum which will be sent to all known Providers who notified staff identified in Section 2.6 of this document of their intent to submit a proposal and posted on the County's website.

You may visit our website at https://www.nhcgov.com/bids.aspx to check for the issuance of any addenda before submitting your Proposal.

An addendum summarizing all questions and answers will be posted to the County's website no later than Friday May 3, 2024.

2.5 – Communication

Other than the contact persons detailed in Section 2.3 above, Providers may not have communications, verbal or otherwise, concerning this RFP with any personnel or boards from New Hanover County. If any Proposer attempts any unauthorized communication, the Proposal may be rejected.

2.6 – Intent to Submit

All Providers who intend to submit a proposal on this project should send an email to Lena Butler, Purchasing Supervisor, at lbutler@nhcgov.com, including pertinent contact information. Use the subject line " RFP # 24-0456 IN-HOME AIDE SERVICES." This will ensure that you receive any addenda issued for this RFP, if applicable.

2.7 - Cost of Preparation of Proposal

Costs incurred by prospective Providers in the preparation of the response to this RFP are the responsibility of the Proposer and will not be reimbursed by The County.

2.8– Authorized Signature

Proposal Signature Forms must be signed by an authorized individual of the Respondent.

Forms that are not signed will cause the Proposal to be rejected.

https://www.nhcgov.com/bids.aspx

2.9 –Ownership of Documents

All Proposals and accompanying documentation will become the property of New Hanover County at the time the Proposals are opened and, as such, will not be returned to the Respondent.

2.10 - Trade Secret Confidentiality

Upon receipt of your Proposal by New Hanover County, your PROPOSAL is considered a public record except for material which qualifies as "trade secret" under N.C. General Statute 132-1.2. After opening, your PROPOSAL will be provided to County staff and others who participate in the evaluation process, and to members of the general public who submit public records requests.

To properly designate material as trade secret under these circumstances, each Respondent must take the following precautions: (a) any trade secrets submitted by a Respondent must be submitted in a separate, sealed envelope marked "Trade Secret - Confidential and Proprietary Information - Do Not Disclose Except for the Purpose of Evaluating This PROPOSAL," and (b) the same trade secret/confidentiality designation must be stamped on each page of the trade secret materials contained in the envelope.

Do not attempt to designate your entire PROPOSAL as a trade secret, and do not attempt to designate pricing information as a trade secret. Doing so will result in your PROPOSAL being disqualified.

In submitting a PROPOSAL, each Respondent agrees that the County may reveal any trade secret materials contained in such response to all County staff and County officials involved in the selection process, and to any outside consultant or other third parties who assist the County in the selection process. Furthermore, each Respondent agrees to indemnify and hold harmless the County and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material, which the Proposer has designated as a trade secret.

2.11 - Withdrawal of Proposals

No proposal may be modified, withdrawn, or canceled by the Respondent for a period of ninety (90) days following the receipt of Proposals. Negligence or error on the part of any Respondent in preparing their Proposal confers no right of withdrawal or modification after the Proposals have been opened.

2.12 - Equal Opportunity

The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex, or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein.

The Respondent agrees not to discriminate against any employees or applicant for employment because of physical or mental handicap regarding any position for which the employee or applicant is qualified. The Respondent agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental handicap in all employment practices.

Under GS 143-48, New Hanover County encourages small, minority, physically handicapped, and women firms to submit Proposals in response to this RFP

2.13- Indemnity

The successful Respondent shall indemnify and hold the County, its agents, and employees harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by the Successful Vendor hereunder, resulting from the negligence of or the willful act or omission of the Vendor, his agents, employees, and subcontractors.

2.14 – E-Verify

Pursuant to Session Law 2013-418, Providers shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Upon execution of the Contract, County requires an affidavit attesting to the Respondent's compliance. Violation of the provision, unless timely cured, shall constitute a breach of Contract. A copy of the needed E-Verify form is included in this RFP.

2.15 – Iran Divestment Act Certification

N.C.G.S. 143C-6A-5(a) requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina. The certification is required at the following times:

• When a bid is submitted

• When a contract is entered into (if the certification was not already made when the vendor made its bid)

• When a contract is renewed or assigned

N.C.G.S. 143C-6A-5(b) requires that contractors with the State, a North Carolina local government, or any other political subdivision of the State of North Carolina must not utilize any subcontractor found on the State Treasurer’s Final Divestment List.

2.16 - Compliance with Proposal Requirements

Failure to comply with these provisions or any other provisions of the General Statutes of North Carolina will result in the rejection of the Proposal.

2.17 – Federal Uniform Guidance

If the source of funds for this Contract is federal funds, the following federal provisions apply pursuant to 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable):

Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141- 3148); Copeland "Anti-Kickback" Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31U.S.C. 1352);

Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record Retention Requirements (2CFR § 200.324). (See Section 3 for Complete Details)

2.18 Certificate of Authority

Subject to several statutory exceptions, a business entity incorporated or organized in a state other than North Carolina must obtain a certificate of authority from the North Carolina Secretary of State prior to transacting Business in the State. See G.S. 55-15- 01(a) (business corporations); G.S. 55A-15-01(a) (nonprofit corporations); G.S. 57D-7- 01(a) (limited liability companies); G.S. 59-902(a) (limited partnerships); G.S. 59-91(a) (registered limited liability partnerships); G.S.55B-16(a) (professional corporations).

When the requirement applies, the foreign entity transacting Business in the State is responsible for obtaining a certificate of authority—not the domestic (i.e., North Carolina) corporations, public entities, or individuals with whom the foreign entity might contract.

2.19 Award of Contract

It is staff’s responsibility to evaluate proposals received and recommend award Staff may elect to invite the Home and Community Care Block Grant (HCCBG) Committee to meet with the staff and assist in evaluating proposals. However, the evaluation is not a required function or meeting of the HCCBG Committee and therefore, a quorum is not required.

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The award of any contract resulting from this RFP will be made based on evaluation of total proposal, low unit cost will not necessarily guarantee award. When applicable, the bidder’s history of effectiveness and efficiency in utilizing funds, staffing retention, ability to provide service in all areas of New Hanover County, and customer satisfaction will be considered.

The evaluation form is included as Exhibit 7 to the Technical Specifications section of this RFP package. These criteria should be considered by the Respondent during proposal development.

2.20 Price

Bidder shall guarantee the prices quoted against any increase for whatever delivery date is specified and contract period required. Bidders must incorporate a cost for the Division of Aging and Adult Services automated Management Information System (MIS) /Aging Resource Management System (ARMS) in the unit cost rate. The current cost per client for reporting on automated format is $.17 per client per month.

2.21 Payment

Respondent is responsible for submitting monthly reimbursable units into the NC Aging Resource Management System (ARMS). Payment will be made to Provider within thirty

(30) days of reimbursement from the North Carolina Division of Aging & Adult Services to New Hanover County. ARMS will not reimburse units that exceed 1/12 of the monthly reimbursement allocation. Any ARMS reimbursement adjustments up to the funding allocation, will be paid year end final reimbursement.

2.22 Term of Contract

The initial term of the contract is from July 1, 2024 through June 30, 2025. This contract is contingent upon receipt of Home and Community Care Block Grant (HCCBG) funding;

any reduction or withdrawal of funding shall constitute grounds for Agency to forthwith terminate all or a portion of this contract.

The parties may by written agreement renew this agreement for four (4) additional one

(1) year periods upon the same terms and conditions as set forth herein except that to adjust for inflationary factors, price per unit of service charged will be negotiated to determine a guaranteed fixed price per unit of service. Any rate adjustments will be calculated on the annual HCCBG budget packet and will be effective July 1st of each renewal year and the increase shall not exceed the Consumer Price Index (CPI) inflation percentage. Services spread out each month in order for eligible customers to receive service throughout the fiscal year.

2.23 Responsibility of Compliance with Legal Requirements

The bidder’s products, service and facilities shall be in full compliance with any and all applicable state, federal, local, environmental and safety laws, regulations, ordinances and standards or any standards adopted by nationally recognized testing facilities regardless of whether or not they are referred to in the proposal documents.

2.24 Evidence of Insurability

Bidder shall submit as part of his proposal evidence of their ability to meet the required insurance coverage outlined in the attached Draft Contract.

Evidence required is a certificate of insurance from the bidder’s insurance agent summarizing the County’s insurance requirements and stating that the bidder either currently has the required insurance or will be approved for the coverage before commencing work under this contract.

2.25 Right to Reject

New Hanover County reserves the right to accept or reject any or all Proposals and to make the Award which will be in the best interest of the County.

Section 3 – FEDERAL UNIFORM GUIDANCE REQUIREMENTS

1. Compliance with Federal Law. If applicable, all federally funded projects, loans, grants, and sub grants whether funded in part or wholly, must be procured in a manner that conforms with all applicable Federal laws, policies, and standards, including those under the Uniform

Guidance (2 C.F.R. Part 200).

2. Equal Opportunity.

2.1 During the performance of this contract, Bidder will not

discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Bidder will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2.2 Bidder will, in all solicitations or advertisements for employees placed by or on behalf of Bidder, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

2.3 Bidder will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Bidder's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

2.4 Bidder will comply with all provisions of Executive Order 11246 of

September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of

Labor.

2.5 Bidder will furnish all information and reports required by

Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the

Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

2.6 In the event of Bidder's non-compliance with the

nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and Bidder may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

2.7 Bidder will include the provisions of this section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Bidder will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of

Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Bidder becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Bidder may request the United States to enter into such litigation to protect the interests of the United States.

3. Bidder shall comply with the following additional federal provisions:

3.1. Davis Bacon Act and Copeland Anti-Kickback Act.

21.1.1 Bidder and its subcontractors agree to comply with the

Copeland “Anti-Kickback” Act (18 U.S.C. 874; 40 U.S.C. § 3145) as supplemented in Department of Labor regulations (29 C.F.R. Part 3). The Copeland Anti-Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA.

3.2 Bidder shall comply with the Davis-Bacon Act (40

U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at

29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ D. In accordance with the statute, Bidder must be pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Bidder must be pay wages not less than once a week.

3.3 A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

4. Contract Work Hours and Safety Standards Act

4..1 Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty hours in the work week.

4.2 Overtime: No contractor or subcontractors contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such work week.

4.3 Violation: liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of this section, Bidder and any subcontractors responsible therefore shall be liable to any affected employee for his unpaid wages. In additions, such contractor and subcontractors shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of this Agreement in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of his standard work week of forty hours without payment of the overtime wages required by this Agreement.

4.4 Withholding for unpaid wages and liquidated damages:

County shall upon its own action or upon written request of an authorized representative of the

Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by Bidder or its subcontractors under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the

Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractors for unpaid wages and liquidated damages as provided in the clause set for in this Agreement.

4.5 Subcontracts: Bidder or its subcontractors shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Agreement.

5. Patent Rights: If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States of

America or any foreign country, County and Bidder agree to take actions necessary to provide immediate notice and a detailed report to FEMA. Unless the Government later makes a contrary determination in writing, irrespective of Bidder’s status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), County and Bidder agree to take the necessary actions to provide, through FEMA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, “Rights to Inventions Made by

Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and

Cooperative Agreements,” 37 CFR, Part 401. Bidder agrees to include the above two paragraphs in each third party subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FEMA.

6. Clean Water Act and Federal Water Pollution Control Act:

6.1 Bidder agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

6.2 Bidder agrees to report each violation to the County and

understands and agrees that the County will, in turn, report each violation as required to assure notification to Federal Emergency Management Agency, and the appropriate Environmental

Protection Agency Regional Office.

6.3 Bidder agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33

U.S.C. 1251 et seq.

6.4 Bidder agrees to report each violation to the County and

understands and agrees that the County will, in turn, report each violation as required to assure notification to Federal Emergency Management Agency, and the appropriate Environmental

Protection Agency Regional Office.

6.5 Bidder agrees to include these requirements in each

subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

6.6 Bidder agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33

U.S.C. 1251 et seq. and shall report each violation to County and understands and agrees that

County will, in turn, report each violation as required to assure notification to an appropriate

Federal Emergency Management Agency, and an appropriate Environmental Protection Agency

Regional Office.

6.7 Bidder agrees to include these requirements in each

subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

7. Suspension and Debarment.

7.1 This Agreement is a covered transaction for purposes of 2

C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Bidder is required to verify that none of Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

7.2 Bidder must comply with 2 C.F.R. pt. 180, subpart C and 2

C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

7.3 This certification is a material representation of fact relied upon by County. If it is later determined that Bidder did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to County, the

Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

7.4 Bidder agrees to comply with the requirements of 2 C.F.R.

pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Bidder further agrees to include a provision requiring such compliance in its lower tier covered transactions.

8. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).

Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

9. Procurement of Recovered Materials.

9.1 A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid

Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource

Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II, ¶ J; 2

C.F.R. § 200.322; PDAT Supplement, Chapter V, ¶ 7.

9.2 The requirements of Section 6002 include procuring only

items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

9.3 In the performance of this contract, Bidder shall make

maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

i. Competitively within a timeframe providing for compliance with the contract performance schedule;

ii. Meeting contract performance requirements; or

iii. At a reasonable price.

Information about this requirement, along with the list of EPA-designate items, is available at

EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

10. Access to Records. The following access to records requirements apply to this contract:

10.1 Bidder agrees to provide County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of Bidder which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

10.2 Bidder agrees to permit any of the foregoing parties to

reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

10.3 Bidder agrees to provide the FEMA Administrator or his

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program authorized representative(s) access to construction or other work sites pertaining to the work being completed under this Agreement.

10.4 Bidder shall not use the DHS seal(s), logos, crests, or

reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

10.5. Bidder will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

10.6. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

10.7. Bidder acknowledges that 31 U.S.C. Chap. 38

(Administrative Remedies for False Claims and Statements) applies to Bidder's actions pertaining to this bid.

Section 4 – TECHNICAL SPECIFICATIONS

Purpose and Scope of Service

The purpose of the In-Home Aide program funded by The NC Division of Aging and Adult Services Home and Community Care Block Grant is designed to provide essential support services for older adults, allowing them to maintain their independence and stay in their own homes and communities as long as possible. The program aims to prevent or delay the need for institutional care, such as nursing homes, by providing in-home aide services that assist with activities of daily living (ADLs) and instrumental activities of daily living (IADLs). The service is not intended to be the recipient's sole provider of care or to replace entitlement services for which the individual may be eligible. Instead, the program is designed to supplement existing support systems.

The Scope of services is to provide in-home aide services to New Hanover County clients in accordance with the Division of Aging & Adult Services (DAAS) Standards and Home and Community Care Block Grant (HCCBG) policies and procedures. Background information on the HCCBG for In-Home Aide (IHA) Services is attached to the end of this section as Exhibit 2. The North Carolina Division of Aging & Adult Services Standards is also attached as Exhibit 3. There are three levels of in-home aide care (level I, level II, and level III). Vendors are required to provide all three levels of care to meet the clients’ assessed needs. The in-home aide contractor is responsible for performing intake, screening, assessments, reassessments, service plans, authorization of services to be provided, submitting annual HCCBG budget forms, entering monthly service units into ARMS, and maintain an updated IHA waiting list. The cost of providing services including the required grant match should be included in the total unit cost. New Hanover County Senior Resource Center is the lead agency in New Hanover County and is contracting with the provider to provide a full spectrum grant managed in home aide program. Care Management services are not relative to the in-home aide contract; however, the contractor shall communicate client concerns to the NHC Senior Resource Center and/or make appropriate Adult Protective Service referrals in the event of alleged abuse, neglect or exploitation. Provider shall manage number of clients within grant allocation including assessed level of care and hours and maintain waiting list with priority of need. Contractor is expected to attend and provide program updates at established monthly provider meetings.

Reporting Requirement

The Provider is responsible for submitting unit information into the Division of Aging and Adult Services (DAAS) Aging Resource Management System (ARMS) system by the 10th day of each month or any deadline established by DAAS. Failure to submit units or client information in ARMS past the monthly deadline will result in a payment delay. The monthly report will include all units produced at each level of work, client service codes, and required client information.

Provider must have the capability to securely connect to the ARMS system. Technical Assistance will be available through DAAS, AAA, and NHCSRC.

Information and instruction for reporting can be found on the following website:

https://www.ncdhhs.gov/divisions/aging-and-adult-services/aging-resource-management-system-arms

If additional funds may become available during the year, Provider shall be prepared to provide additional service within thirty (30) day notification. If services are not being fully expended, the SRC has the right to reduce contractor allocation to appropriate to other service areas of need.

Funding of Program, Consumer Contribution, and Reimbursement The Federal and State funds available for the initial contract period from July 1, 2024, to June 30, 2025, are estimated to be $240,000. The County is requiring the Contractor to provide the 10% cash match based on service allocation for the HCCBG funds. The Division of Aging & Adult Services calculates the 10% match by dividing the total Federal and State funds by 90% and then multiplies the product by 10%. Therefore, in preparing the proposal, bidders are to use the total estimated allocation of $240,000 for year one to complete the RFP proposal form and develop unit cost with the understanding that 90% of the total Service Unit Cost will be reimbursed to the Contractor. (Note: This service is not an allowable cost under Medicare.)

The HCCBG requires that all participants receiving services with HCCBG monies be given the opportunity to contribute toward the cost of services. The participants should be made aware of the total cost of their services, asked to contribute what they can afford, and informed that the services will not be terminated for inability to pay. The Contractor is responsible for collecting, maintaining, and reporting all consumer contributions as part of the monthly reporting procedure. Expenses incurred in collecting contributions may be subtracted from the total consumer contribution amount. A copy of the Consumer Contribution Policy & Procedure is attached as Exhibit 4. Service providers must have written procedures to account for and safeguard all contributions. In developing these procedures, refer to the Practice Guidelines in the referenced document.

https://files.nc.gov/ncdhhs/documents/files/consumercontributions.pdf

The following is an excerpt from the North Carolina HCCBG Procedures Manual for Community Service Providers:

“. . . reimbursement will consist of 90 percent of the reported requests for allowable reimbursement, less a deduction for any program income reported by the community service provider. The Division will withhold the 10 percent local matching share of the 100 percent of eligible HCCBG expenditures reported for reimbursement. The shares will be computed after the deduction of consumer contribution. An example is presented as follows:

Provider XYZ submits 3000 units of service at a rate of $7.50 per unit and also reports $550 received as program income for the month.

https://www.ncdhhs.gov/divisions/aging-and-adult-services/aging-resource-management-system-arms https://www.ncdhhs.gov/divisions/aging-and-adult-services/aging-resource-management-system-arms https://files.nc.gov/ncdhhs/documents/files/consumercontributions.pdf

The Division of Aging reimburses (3000 x $7.50) minus $550 times 90 percent which equates to $19,755. The Division’s accounting records will reflect $22,500 in total expenditures of which $550 is program income, $2,195 is local receipts, and the remaining $19,755 is HCCBG funds. The 3000 units @ $7.50 equal $22,500 in eligible reported expenditures; program income of $550 is withheld and the remaining $21,950 is subject to the withholding for the local 10% share which yields the reimbursement of the HCCBG share or $19,755.”

The following is an explanation that was given by the County in a previous bidding process:

One of the requirements is that part of the funding, 10%, is cash. The way New Hanover County achieves this is to have the vendor absorb the match (the 10%) as part of his unit cost. For example, if the vendor is going to provide Level I service at “X” dollars, when vendor submits for reimbursement, vendor will only get 90% of the amount submitted.

The vendor will not get the 10% and that is counted as match. Therefore, the match requirement becomes a cost of operating that the vendor has to consider when determining unit cost figure. By handling the service in this manner, the County is able to fulfill the matching requirement. By the vendor only being reimbursed 90% of the amount billed to the County, the unreimbursed 10% becomes the cash matching funds.

In the reimbursement process, after the ninety percent amount is determined it is further reduced by the amount of the consumer contribution reported. The vendor is allowed to deduct any costs occurred in collecting consumer contributions. The costs may be from printed material, your staff time, or whatever the cost is in collecting that particular consumer contribution. Those costs can be subtracted out of your consumer contribution; thereby reducing the consumer contribution report. For example, if you collected $100 in consumer contribution that month, the reimbursement would be reduced by $100. There is a space on the form to list the consumer contribution and a place for it to be deducted. However, if your cost to collect that consumer contribution was $90, then technically you would only have to record $0 as program income because it cost you $90 to collect. The state will only reimburse collection costs up to amount that was collected. If the costs for collecting the consumer contribution are more than the consumer contribution, the state will not reimburse the costs that exceed the collected amount.

Service providers are prohibited from using the Recommended Contribution Schedule to solicit contributions from individuals with income at or below the federal poverty level, however, those individuals may make voluntary contributions for services received.

Unit Costs and Total Clients to be Served The unit cost must be calculated for Level I, Level II and Level III services. It is understood that the cost per unit of service for each level may be different.

This schedule establishes the priorities for 85% of the units leaving a 15% margin for the vendor’s discretion in placement in the different levels of service. For proposal purposes, vendors shall base proposal on providing service to 18-28 clients.

Transition If the contract is awarded to a provider other than the current provider, the New Hanover County Senior Resource Center will act as the mediator between the current Provider and the new Contractor. The goal is for all parties to provide a smooth transition for the clients with minimum disruption of service. The contractor for the new contract #24-0456 will be given the following information after the award of the proposal and after the contract execution.

1. Most current client assessment information

2. Most current client care plan and service dates/times

3. Most recent client enrollment forms

4. Any other information pertinent to the clients’ care

5. Updated waiting list

It is the responsibility of the new contractor to assess and develop care plans for all current clients within twenty-one (21) business days of the contract’s beginning date.

Sub-Contract Monitoring The contractor is subject to annual sub-contract monitoring by the Senior Resource Center and Area Agency on Aging. Sub-contractor monitoring is in compliance with the Division of Aging and Adult Services HCCBG standards. Sub-contracting monitoring can be found at https://www.ncdhhs.gov/divisions/aging-and-adult-services/funded-partner-resources/daas-subcontractor-performance-evaluation-tools

LEVEL OF

SERVICE

MINIMUM % OF THE TOTAL NUMBER OF UNITS SUGGESTED TO

BE PROVIDED AT THIS LEVEL OF CARE

Level I

10%

Level II

40%

Level III

35% https://www.ncdhhs.gov/divisions/aging-and-adult-services/funded-partner-resources/daas-subcontractor-performance-evaluation-tools https://www.ncdhhs.gov/divisions/aging-and-adult-services/funded-partner-resources/daas-subcontractor-performance-evaluation-tools

Other The Provider is required to attend scheduled monthly HCCBG provider meetings at the Senior Resource Center to review monthly and year-to-date service delivery, such as units rendered and client collaboration.

The Provider is required to send bi-monthly client service deviation reports to the Senior Resource Center.

Provider is required to have policy and procedures for staff training, retention, service delivery, suspensions, and terminations that follow grant standards or fill in gaps that are not addressed in the current DAAS standards.

Audit Requirements Providers expending $500,000 or more in federal financial assistance through the HCCBG, or in combination with other federal funding shall receive an annual independent audit which meet the requirements of the Division of Aging Program Audit Guide for Aging Services, applicable North Carolina General Statutes and Local Government Commission requirements, and OMB Circular A-133. For-profit community service providers shall have an annual compliance audit which meets the requirements of A-133. The audit shall be performed within nine (9) months of the close of the provider’s fiscal year. Upon completion of the audit, non-profit and for-profit providers shall provide a copy of the audit report and any opinion letter simultaneously to the County and the Area Agency. Federal funds will not reimburse the cost of a single audit if the total of all federal funds expended by the provider is less than $500,000.

An annual financial audit report and statement will be due to the Area Agency on Aging each year.

Provider Requirements Provider shall be currently licensed by the North Carolina Department of Health Service Regulation Licensure Standards as a home care agency and shall have operated as a licensed home care agency in the State of North Carolina for at least two (2) years.

Exhibits The following items are considered part of these requirements to be met by all vendors.

# 1 NC Department of Health Service Regulation (DHSR) Licensure Standards #2 Background information on Home and Community Care Block Grant for In-Home Aide Services # 3 North Carolina Division of Aging & Adult Services (DAAS) Standards # 4 Consumer Contribution Policy & Procedures # 5 NC DAAS Monitoring Tool for In-Home Aide Services #6 HCCBG Budget Forms

EXHIBIT 1

NC DEPARTMENT OF HEALTH SERVICE REGULATION

https://info.ncdhhs.gov/dhsr/

Go to above website and read and acknowledge that you have read all Rules and Regulations that apply to In-Home Aide Staffing and Services https://info.ncdhhs.gov/dhsr/

EXHIBIT #2

Read

BACKGROUND INFORMATION ON HCCBG FOR IN-HOME AIDE SERVICE

http://www.ncdhhs.gov/aging/manual/hccbg/hccbg.htm

Above site contains HCCBG Manual for all HCCBG providers http://www.ncdhhs.gov/aging/services/inhome.htm

Above site includes in-Home Aide service descriptions, procedures and standards http://www.ncdhhs.gov/aging/manual/hccbg/hccbg.htm http://www.ncdhhs.gov/aging/services/inhome.htm

EXHIBIT # 3

NC DIVISION OF AGING & ADULT SERVICES (DAAS) STANDARDS

IN-HOME AIDE SERVICES – POLICIES & PROCEDURES

CLIENT REGISTRATION - DAAS 101 FORM

https://files.nc.gov/ncdhhs/documents/files/aging/arms/CRF_Instructions.pdf

Information needed to provide In-Home Aide Services.

https://files.nc.gov/ncdhhs/documents/files/aging/arms/CRF_Instructions.pdf

Exhibit #4

Consumer Contributions Policies and Procedures http://www.ncdhhs.gov/aging/MANUAL/consumercontributions.pdf

Exhibit #5

Monitoring Tool for DAAS In Home Aide Services https://www.ncdhhs.gov/divisions/aging-and-adult-services/funded-partner-resources/daas-programmatic-monitoring-tools

Search: In Home Aide Monitoring Tool https://www.ncdhhs.gov/divisions/aging-and-adult-services/funded-partner-resources/daas-programmatic-monitoring-tools https://www.ncdhhs.gov/divisions/aging-and-adult-services/funded-partner-resources/daas-programmatic-monitoring-tools

EXHIBIT 6

HCCBG BUDGET FORMS

http://www.ncdhhs.gov/aging/cobudget/cobudgdn.htm

Budget forms to be completed by Service Provider as per Instructions and included with RFP.

• 732-14XLS

• 732A.XLS (follow instructions)

• 732A1.XLS (follow instructions)

• 732Supplement.XLS

• 733-14.DOC

• 734-14.DOC (sign and attach)

• 734HCCBGinHomeClientsRights.doc

Please save the above forms from the website to use, as the cells contain…