34360-07925_RFQ_Pro_Forma.pdf

06-25.24 RFQ

i

STATE OF TENNESSEE

CENTRAL PROCUREMENT OFFICE

REQUEST FOR QUALIFICATIONS

FOR

Electronic Consultation (eConsult) Services

RFQ # 34360-07925

TABLE OF CONTENTS

SECTIONS:

1. Introduction

2. RFQ Schedule of Events

3. Response Requirements

4. General Information & Requirements

5. Procurement Process & Contract Award

ATTACHMENTS:

A. Technical Response & Evaluation Guide – Mandatory Requirement Items B. Technical Response & Evaluation Guide – General Qualifications &

Experience Items C. Technical Response & Evaluation Guide – Technical Qualifications, Experience & Approach Items D. Cost Proposal E. Statement of Certifications & Assurances F. Reference Questionnaire G. Pro Forma Contract

06-25-24 FA

1. INTRODUCTION

The State of Tennessee, Department of Health, hereinafter referred to as “the State,” issues this Request for Qualifications (“RFQ”) to define mandatory goods or services requirements; solicit responses; detail response requirements; and, outline the State’s process for evaluating responses.

Through this RFQ or any subsequent solicitation, the State seeks to buy the requested goods or services and to give ALL qualified respondents, including those that are owned by minorities, women, service-disabled veterans, persons with disabilities, and small business enterprises, the opportunity to do business with the state as contractors or subcontractors.

1.1. Statement of Procurement Purpose

The purpose of this RFQ is to secure Electronic Consultation (eConsult) services allowing consultation between Physicians and Nurse Practitioners of the County Health Departments and eConsult Specialists including but not limited to, the following fields: Cardiology, Dermatology, Endocrinology, Gastroenterology, General Surgery, Gynecology, Otolaryngology, Pain Management, Pulmonary, Rheumatology, and Wound Care Specialist.

The uninsured patients cared for in the State’s Safety Net clinics do not have access to specialty care. In hopes of closing that gap, the State is soliciting bids for an electronic platform that gives our primary care providers access to specialists. This service will allow our providers to optimize the care that they provide to this vulnerable population.

Approximately 9.7% (2015-2019 American Community Survey) of individuals in the state of Tennessee are uninsured and often do not receive any routine primary care. The Tennessee Department of Health provides primary care for the uninsured in 56 local health departments across the state. Safety-Net clinic providers have a high burden of patients in need of complex health care needs, many of which have been recently hospitalized and have unmanaged chronic diseases. Given their uninsured status, access to specialty care for these patients is very limited. The State is seeking an asynchronous electronic platform that allows our providers to receive clinical advice and suggestions on management from specialists to improve clinical outcomes of their patients.

The State provided care to 49,500 patients in FY 2019 with over 100,000 visits. Safety-net patients have higher use of tobacco and substance use, and diagnoses of diabetes, hypertension and chronic obstructive pulmonary disease (COPD) than your average Tennessean. They also seek care less frequently leading to complications arising from lack of management of these chronic diseases. Specialty care consultation needed includes, but is not limited to, the following fields: Cardiology, Dermatology, Endocrinology, Gastroenterology, General Surgery, Gynecology, Mental Health, Otorhinolaryngology, Pain Management, Pulmonary, Rheumatology, and Wound Care Specialists.

For the initial term, the maximum liability is estimated $3,564,000 for 12 months and for the whole term the State estimates the total maximum liability as $17,820,000.00.

1.1.1. All statistical and fiscal information contained in this RFQ and its exhibits, including amendments and modifications thereto, are provided “as is”, without warranty as to the accuracy or adequacy of the data or information so provided, and reflect the department’s best understanding based on information or belief available to the department at the time of RFQ preparation. No inaccuracies in such data or information shall be a basis for delay in performance or a basis for legal recovery of damages, actual, consequential or punitive.

1.2. Pre-Response Conference

A Pre-Response Conference will be held at the time and date detailed in the RFQ Schedule of Events, RFQ § 2. Pre-Response Conference attendance is not mandatory, and potential Respondents may be limited to a maximum number of attendees depending upon overall attendance and space limitations. Please contact the Solicitation Coordinator to RSVP for the Pre-Response Conference. The Conference will be held at:

Microsoft Teams Need help?

Join the meeting now Meeting ID: 217 919 981 932 Passcode: 48wY78uN

Dial in by phone +1 629-209-4396,,175926543# United States, Triune Find a local number Phone conference ID: 175 926 543# Join on a video conferencing device Tenant key: stateoftn@m.webex.com Video ID: 119 373 705 7 More info For organizers: Meeting options | Reset dial-in PIN

1.3. Notice of Intent to Respond

Before the Notice of Intent to Respond Deadline detailed in RFQ § 2, Schedule of Events, potential Respondents should submit to the Solicitation Coordinator a Notice of Intent to Respond in the form of a simple e-mail or other written communication. Such notice should include the following information: the business or individual’s name (as appropriate), a contact person’s name and title, the contact person’s mailing address, telephone number, facsimile, number, and e-mail address. Filing a Notice of Intent to Respond is not a prerequisite for submitting a response;

however, it is necessary to ensure receipt of notices and communications relating to this RFQ.

1.4. Definitions and Abbreviations

TERM DEFINITION

Cardiology A medical specialty and branch of internal medicine concerned with disorders of the heart.

Dermatology The branch of medicine concerned with the diagnosis and treatment of skin disorders.

Electronic Consultation An aspect of Telemedicine which involves remote communication between clinicians and specialists.

Endocrinology The branch of physiology and medicine concerned with endocrine and hormones.

Gastroenterology A branch of medicine focused on the digestive system and disorders.

General Surgery A discipline that requires knowledge of and responsibility for the preoperative, operative, https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTViMDRjMWItMTUzMy00YTEyLWEyMjUtMWFlNDI4NjVmYzMy%40thread.v2/0?context=%7b%22Tid%22%3a%22f345bebf-0d71-4337-9281-24b941616c36%22%2c%22Oid%22%3a%221c9c5b70-20ba-4f0c-9a3a-0c3b2427d6a6%22%7d tel:+16292094396,,175926543 https://dialin.teams.microsoft.com/4423d438-b3cd-4739-88ce-5ba6c5a25a54?id=175926543 mailto:stateoftn@m.webex.com https://www.webex.com/msteams?confid=1193737057&tenantkey=stateoftn&domain=m.webex.com https://teams.microsoft.com/meetingOptions/?organizerId=1c9c5b70-20ba-4f0c-9a3a-0c3b2427d6a6&tenantId=f345bebf-0d71-4337-9281-24b941616c36&threadId=19_meeting_YTViMDRjMWItMTUzMy00YTEyLWEyMjUtMWFlNDI4NjVmYzMy@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing and postoperative management of patients with a broad spectrum of diseases, including those which may require nonoperative, elective, or emergency surgical treatment.

Gynecology Medical practice dealing with the health of the female reproductive system.

Health Insurance Portability and Accountability Act (HIPAA)

A federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge.

Otolaryngology The branch of medicine concerned with the diagnosis and management, including surgical interventions, of the ear, nose, and throat.

Otorhinolaryngology A surgical subspecialty within medicine that deals with the surgical and medical management of conditions of the head and neck.

Pain Management An aspect of medicine and health care involving relief of pain in various dimensions, from acute and simple to chronic and challenging.

Pulmonary A branch of medicine pertaining to the pulmonary system.

Rheumatology The branch of medicine devoted to the diagnosis and treatment of rheumatic diseases.

Rural Health The health of people living in rural areas, who are generally located farther from health care facilities and other services than people living in urban areas.

Safety Net A mechanism of health care provision providing medical and dental assistance to uninsured adults in need of services.

Specialty Care Providers A healthcare provider, physician or medical practitioner with a specific area of expertise.

Web-Based An external application that is accessed via a web browser over the Internet.

Wound Care Specialist Health care professionals who have been trained in the care and treatment of all types of wounds, acute and chronic.

2. RFQ SCHEDULE OF EVENTS

The following schedule represents the State’s best estimates for this RFQ; however, the State reserves the right, at its sole discretion, to adjust the schedule at any time, or cancel and reissue a similar solicitation. Nothing in this RFQ is intended by the State to create any property rights or expectations of a property right in any Respondent.

EVENT

TIME

(Central

Time Zone)

DATE

(all dates are State business days)

1. RFQ Issued April 7, 2025

2. Disability Accommodation Request Deadline

2:00 p.m.

April 10, 2025 https://en.wikipedia.org/wiki/Medicine https://en.wikipedia.org/wiki/Health_care https://en.wikipedia.org/wiki/Health_care https://en.wikipedia.org/wiki/Pain https://en.wikipedia.org/wiki/Acute_(medicine) https://en.wikipedia.org/wiki/Chronic_condition http://www.woundcarecenters.org/wound-types/acute-wounds.html http://www.woundcarecenters.org/wound-types/chronic-wounds.html

3. Pre-Response Conference 09:00 a.m.

April 11, 2025

4. Notice of Intent to Respond Deadline

2:00 p.m.

April 14, 2025

5. Written “Questions & Comments” Deadline

2:00 p.m.

April 18, 2025

6. State response to written “Questions & Comments” April 30, 2025

7. RFQ Response Deadline 2:00 p.m.

May 8, 2025

8. State Completion of Technical Response Evaluations May 23, 2025

9.

State Schedules respondent Oral Presentations (ONLY for Top 3 ranked respondents)

May 27, 2025

10. Respondent Oral Presentations

8:00 a.m. – 4:30 p.m.

June 3-5, 2025

11.

RFQ Cost Proposal Opened (ONLY for the apparent successful Respondent)

2:00 p.m.

June 12, 2025

12. RFQ Negotiations June 12-16, 2025

13.

State Notice of Intent to Award Released and RFQ Files Opened for Public Inspection

June 20, 2025

14. End of Open File Period June 27, 2025

15. State sends contract to Contractor for signature July 2, 2025

16. Contractor Signature Deadline 4:30 p.m.

July 9, 2025

3. RESPONSE REQUIREMENTS

3.1. Response Contents: A response to this RFQ should address the following:

3.1.1. Mandatory Requirements: This section details the mandatory technical, functional, and experience requirements that must be demonstrated in the response to this RFQ in order to be passed on to Phase II of the Technical Response evaluation. A Respondent should duplicate and use RFQ Attachment A as a guide to organize responses for the Mandatory Requirements of the RFQ response. The Respondent should reference the page location of the information within the response in the indicated column of the table.

This section is included in the State’s evaluation as to whether or not a Respondent meets mandatory qualifications (Phase I).

3.1.2. General Qualifications & Experience: This section is included in the State’s evaluation of Phase II of the Technical Response Evaluation and details general information and qualifications that must be demonstrated in the response to this RFQ. A Respondent should duplicate and use RFQ Attachment B as a guide to organize responses for this portion of the RFQ response. The Respondent should reference the page location of the information within the response in the indicated column of the table.

3.1.3. Technical Qualifications, Experience & Approach: This section is also included in the

State’s evaluation of Phase II of the Technical Response Evaluation and details technical qualifications, experience, and approach items that must be demonstrated in the response to this RFQ. A Respondent should duplicate and use RFQ Attachment C as a guide to organize responses for this portion of the RFQ response. The Respondent should reference the page location of the information within the response in the indicated column of the table.

3.1.4. Cost Proposal:

3.1.4.1. If included as part of this solicitation, then the Cost Proposal must be recorded on an exact duplicate of RFQ Attachment D, Cost Proposal. Any response that does not follow the instructions included in RFQ Attachment D may be deemed nonresponsive.

3.1.4.2. A Respondent must only record the proposed cost exactly as required by the RFQ Attachment D, Cost Proposal and must NOT record any other rates, amounts, or information.

3.1.4.3. The proposed cost shall incorporate ALL costs for services under the contract for the total contract period.

3.1.4.4. A Respondent must sign and date the Cost Proposal.

3.1.4.5. A Respondent must submit the Cost Proposal to the State in a sealed package separate from the Technical Response.

3.2. Response Delivery Location

A Respondent must ensure that the State receives a Response to this RFQ no later than the Response Deadline time and dates detailed in the RFQ § 2, Schedule of Events. All responses must be delivered to:

Simeon Ayton, Sourcing Account Specialist Division of General Services Central Procurement Office Tennessee Tower, 3rd Floor 312 Rosa L. Parks Ave, Nashville, TN 37243

3.3. Response Format

3.3.1. A Respondent must ensure that the original response meets all form and content requirements detailed within this RFQ.

3.2.1. A Respondent must submit their response as specified in one of the two formats below.

3.2.1.1. Digital Media Submission

3.2.1.1.1. Technical Response

The Technical Response document should be in the form of one (1) digital document in “PDF” format properly recorded on its own otherwise blank, standard USB flash drive and should be clearly identified as the:

“RFQ #34360-07925 TECHNICAL RESPONSE ORIGINAL”

and ONE (1) digital copies of the Technical Response each in the form of one (1) digital document in “PDF” format properly recorded on its own otherwise blank, standard USB flash drive clearly labeled:

“RFQ #34360-07925 TECHNICAL RESPONSE COPY”

The customer references should be delivered by each reference in accordance with RFQ Attachment F Reference Questionnaire.

3.2.1.1.2. Cost Proposal:

The Cost Proposal should be in the form of one (1) digital document in “PDF” or “XLS” format properly recorded on a separate, otherwise blank USB flash drive clearly labeled:

“RFQ #34360-07925 COST PROPOSAL”

An electronic or facsimile signature, as applicable, on the Cost Proposal is acceptable.

3.2.1.2. E-mail Submission

3.2.1.2.1. Technical Response

The Technical Response document should be in the form of one (1) digital document in “PDF” format or other easily accessible digital format attached to an e-mail to the Solicitation Coordinator. Both the subject and file name should be clearly identified as follows:

“RFQ #34360-07925 TECHNICAL RESPONSE”

The customer references should be delivered by each reference in accordance with RFQ Attachment F Reference Questionnaire.

3.2.1.2.2. Cost Proposal:

The Cost Proposal should be in the form of one (1) digital document in “PDF” or “XLS” format or other easily accessible digital format attached to an e-mail to the Solicitation Coordinator. Both the subject and file name should be clearly identified as follows:

“RFQ #34360-07925 PROPOSAL”

An electronic or facsimile signature, as applicable, on the Cost Proposal is acceptable.

3.3.3. For e-mail submissions, the Technical Response and Cost Proposal documents must be dispatched to the Solicitation Coordinator in separate e-mail messages. For digital media submissions, a Respondent must separate, seal, package, and label the documents and copies for delivery as follows:

3.3.3.1. The Technical Response and copies must be placed in a sealed package that is clearly labeled:

“DO NOT OPEN… RFQ #34360-07925 TECHNICAL RESPONSE FROM

[RESPONDENT LEGAL ENTITY NAME]”

3.3.3.2. The Cost Proposal must be placed in a separate, sealed package that is clearly labeled:

“DO NOT OPEN… RFQ #34360-07925 COST PROPOSAL FROM

[RESPONDENT LEGAL ENTITY NAME]”

3.3.3.3. The separately, sealed Technical Response and Cost Proposal components may be enclosed in a larger package for mailing or delivery, provided that the outermost package is clearly labeled:

“RFQ #34360-07925 SEALED TECHNICAL RESPONSE & SEALED COST

PROPOSAL FROM [RESPONDENT LEGAL ENTITY NAME]”

3.3.3.4. Any Respondent wishing to submit a Response in a format other than digital may do so by contacting the Solicitation Coordinator.

3.4. Response Prohibitions: A response to this RFQ shall not:

3.4.1. Restrict the rights of the State or otherwise qualify the response to this RFQ;

3.4.2. Include, for consideration in this procurement process or subsequent contract negotiations, incorrect information that the Respondent knew or should have known was materially incorrect;

3.4.3. Include more than one response, per Respondent, to this RFQ;

3.4.4. Include any information concerning costs (in specific dollars or numbers) associated with the Technical Response;

3.4.5. Include the respondent’s own contract terms and conditions (unless specifically requested by the RFQ); or

3.4.6. Include the respondent as a prime contractor while also permitting one or more other respondents to offer the respondent as a subcontractor in their own responses.

3.4.7. Include any end-user license agreement, manufacturer’s terms and conditions, service guide, clickwrap agreement, shrinkwrap agreement, online terms and conditions, or other terms and conditions that will supplement, modify, or contradict the terms set forth in the pro forma contract.

3.5. Response Errors & Revisions

A Respondent is responsible for any and all errors or omissions in its response to this RFQ. A Respondent will not be allowed to alter or revise its response after the Response Deadline time and dates as detailed in RFQ § 2, Schedule of Events, unless such is formally requested in writing by the State (e.g., through a request for clarification, etc.).

3.6. Response Withdrawal

A Respondent may withdraw a response at any time before the Response Deadline time and date as detailed in RFQ § 2, Schedule of Events, by submitting a written signed request by an authorized representative of the Respondent. After withdrawing a response, a Respondent may submit another Response at any time before the Response Deadline time and date as detailed in RFQ § 2, Schedule of Events.

3.7. Response Preparation Costs

The State will not pay any costs associated with the preparation, submittal, or presentation of any response. Each Respondent is solely responsible for the costs it incurs in responding to this

RFQ.

4. GENERAL INFORMATION & REQUIREMENTS

4.1. Communications

4.1.1. Respondents shall reference RFQ #34360-07925 in all communications relating to this solicitation, and direct any such communications to the following person designated as the Solicitation Coordinator:

Simeon Ayton, Sourcing Account Specialist Division of General Services Central Procurement Office Tennessee Tower, 3rd Floor 312 Rosa L. Parks Ave, Nashville, TN 37243 615-532-0110

The State will convey all official responses and communications related to this RFQ to the potential respondents from whom the State has received a Notice of Intent to Respond (refer to RFQ Section 1.3.).

4.1.2. Potential respondents with a handicap or disability may receive accommodation relating to the communication of this RFQ and participating in the RFQ process. Potential respondents may contact the RFQ Coordinator to request such reasonable accommodation no later than the Disability Accommodation Request Deadline detailed in RFQ § 2, Schedule of Events.

4.1.3. Unauthorized contact about this RFQ with other employees or officials of the State of Tennessee may result in disqualification from contract award consideration.

4.1.4. Notwithstanding the foregoing, potential Respondents may also contact the following as appropriate:

4.1.4.1. Staff of the Governor’s Office of Diversity Business Enterprise may be contacted for assistance with respect to available minority-owned, woman-owned, service-disabled veteran-owned, businesses owned by persons with disabilities and small business enterprises as well as general public information relating to this request; or

4.1.4.2. The following individual designated by the State to coordinate compliance with the nondiscrimination requirements of the State of Tennessee, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and associated federal regulations:

Helen Crowley, Compliance Team Lead Division of General Services Central Procurement Office WRS Tennessee Tower, 3rd Floor 312 Rosa L. Parks Avenue Nashville, TN 37243-1102

(615) 741-3836 helen.crowley@tn.gov

4.2. Nondiscrimination

No person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of a contract pursuant to this solicitation or in the employment practices of the Contractor on the grounds of handicap or disability, age, race, creed, color, religion (subject to Tenn. Code Ann. §§ 4-21-401 and 405), sex, national origin, or any other classification protected by federal, Tennessee state constitutional, or statutory law. The Contractor pursuant to this solicitation shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.

4.3. Conflict of Interest

mailto:helen.crowley@tn.gov

4.3.1. The State may not consider a proposal from an individual who is, or within the past six (6) months has been, a State employee. For these purposes,

4.3.1.1. An individual shall be deemed a State employee until such time as all compensation for salary, termination pay, and annual leave has been paid;

4.3.1.2. A contract with or a proposal from a company, corporation, or any other contracting entity in which a controlling interest is held by any State employee shall be considered to be a contract with or proposal from the employee; and

4.3.1.3. A contract with or a proposal from a company, corporation, or any other contracting entity that employs an individual who is, or within the past six months has been, a State employee shall not be considered a contract with or a proposal from the employee and shall not constitute a prohibited conflict of interest.

4.3.2. This RFQ is also subject to Tenn. Code Ann. § 12-4-101—105.

4.4. Respondent Required Review & Waiver of Objections

4.4.1. Each potential respondent must carefully review this RFQ, including but not limited to, attachments, the RFQ Attachment G, pro forma Contract, and any amendments for questions, comments, defects, objections, or any other matter requiring clarification or correction (collectively called “questions and comments”).

4.4.2. Any potential respondent having questions and comments concerning this RFQ must provide such in writing to the State no later than the written “Questions & Comments Deadline” detailed in RFQ § 2, Schedule of Events.

4.4.3. Protests based on any objection shall be considered waived and invalid if the objection has not been brought to the attention of the State, in writing, by the written “Questions & Comments Deadline.”

4.5. Disclosure of Response Contents

4.5.1. All materials submitted to the State in response to this solicitation become property of the

State of Tennessee. Respondents are cautioned not to provide any materials in response to this RFP that are trade secrets, as defined under Tenn. Code Ann. § 47-25- 1702 and applicable law. By submitting a response to this RFP, the respondent acknowledges and agrees that the State shall have no liability whatsoever for disclosure of a trade secret under the Uniform Trade Secrets Act, as provided at Tenn. Code Ann. § 47-25-1701-1709, or under any other applicable law. Selection for award does not affect this right. By submitting a response, a Respondent acknowledges and accepts that the full contents and associated documents submitted in response to this request will become open to public inspection in accordance with the laws of the State of Tennessee.

Refer to RFQ § 2, Schedule of Events.

4.5.2. The RFQ responses will be available for public inspection only after the completion of evaluation of the RFQ or any resulting solicitation which this RFQ becomes a part of, whichever is later.

4.6. Notice of Professional Licensure, Insurance, and Department of Revenue Registration

Requirements

4.6.1. All persons, agencies, firms or other entities that provide legal or financial opinions, which a Respondent provides for consideration and evaluation by the State as part of a response to this RFQ, shall be properly licensed to render such opinions.

4.6.2. Before the Contract resulting from this RFQ is signed, the apparent successful Respondent (and Respondent employees and subcontractors, as applicable) must hold all necessary, appropriate business and professional licenses to provide service as required. The State may require any Respondent to submit evidence of proper licensure.

4.6.3. Before the Contract resulting from this RFQ is signed, the apparent successful Respondent must provide a valid, Certificate of Insurance indicating current insurance coverage meeting minimum requirements as may be specified by the RFQ.

4.6.4. Before the Contract resulting from this RFQ is signed, the apparent successful Respondent must be registered with the Department of Revenue for the collection of Tennessee sales and use tax. The State shall not approve a contract unless the Respondent provides proof of such registration or provides documentation from the Department of Revenue that the Contractor is exempt from this registration requirement.

The foregoing is a mandatory requirement of an award of a contract pursuant to this solicitation. To register, please visit the Department of Revenue’s Tennessee Taxpayer Access Point (TNTAP) website for Online Registration and the Vendor Contract Questionnaire. These resources are available at the following:

https://tntap.tn.gov/eservices/_/#1

4.7. RFQ Amendments & Cancellation

4.7.1. The State reserves the right to amend this RFQ at any time, provided that it is amended in writing. However, prior to any such amendment, the State will consider whether it would negatively impact the ability of potential respondents to meet the deadlines and revise the RFQ Schedule of Events if deemed appropriate. If a RFQ amendment is issued, the State will convey it to potential respondents who submitted a Notice of Intent to Respond (refer to RFQ § 1.3). A response must address the final RFQ (including its attachments) as may be amended.

4.7.2. The State reserves the right, at its sole discretion, to cancel or to cancel and reissue this RFQ in accordance with applicable laws and regulations.

4.8. State Right of Rejection

4.8.1. Subject to applicable laws and regulations, the State reserves the right to reject, at its sole discretion, any and all proposals.

4.8.2. The State may deem as nonresponsive and reject any proposal that does not comply with all terms, conditions, and performance requirements of this RFQ. Notwithstanding the foregoing, the State reserves the right to seek clarifications or to waive, at its sole discretion, a response’s minor variances from full compliance with this RFQ. If the State waives variances in a response, such waiver shall not modify the RFQ requirements or excuse the Respondent from full compliance with such, and the State may hold any resulting vendor to strict compliance with this RFQ.

4.8.3. The State will review the response evaluation record and any other available information pertinent to whether or not each respondent is responsive and responsible. If the Solicitation Coordinator identifies any respondent that appears not to meet the responsive and responsible thresholds such that the team would not recommend the respondent for potential contract award, this determination will be fully documented for the record. (“Responsive” is defined as submitting a response that conforms in all material respects to the RFQ. “Responsible” is defined as having the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.)

4.9. Assignment & Subcontracting

4.9.1. The vendor may not subcontract, transfer, or assign any portion of the Contract awarded as a result of this RFQ without prior approval of the State. The State reserves the right to refuse approval, at its sole discretion, of any subcontract, transfer, or assignment.

4.9.2. If a Respondent intends to use subcontractors, the response to this RFQ must specifically identify the scope and portions of the work each subcontractor will perform (refer to RFQ Attachment B, Item B.14.).

4.9.3. Subcontractors identified within a response to this RFQ will be deemed as approved by the State unless the State expressly disapproves one or more of the proposed subcontractors prior to signing the Contract.

https://tntap.tn.gov/eservices/_/#1

4.9.4. The Contractor resulting from this RFQ may only substitute another subcontractor for a proposed subcontractor at the discretion of the State and with the State’s prior, written approval.

4.9.5. Notwithstanding any State approval relating to subcontracts, the Contractor resulting from this RFQ will be the prime contractor and will be responsible for all work under the Contract.

4.10. Next Ranked Respondent

The State reserves the right to initiate negotiations with the next ranked respondent should the State cease doing business with any respondent selected via this RFQ process.

5. PROCUREMENT PROCESS & CONTRACT AWARD

5.1. The complete vendor selection will be a two-part process: (1) Qualification of Technical

Responses; and (2) Review of Cost Proposals.

5.2. Qualification of Technical Responses: Technical Responses will be short-listed for further evaluation, analysis or negotiation if they are apparently responsive, responsible, and within the competitive range (“Competitive Range”). A Technical Response will be deemed within the Competitive Range based on the following criterion:

Technical responses, that have been evaluated in Phases I and II below and have been found to be the top three (3) ranked Respondents, will have technical scores totaled and put in ordinal ranking. The top ranked Respondent’s cost proposal materials will be opened upon completion of ordinal rankings. Please see RFQ Section 5.3. for further instructions on the negotiation process.

Phase I: The State will evaluate the Mandatory Requirements set forth in RFQ Attachment A on a pass/fail basis.

Phase II: Following the Phase I evaluation, the State will apply a standard equitable evaluation model, which will represent a qualitative assessment of each response. Each response will be scored by Evaluation Team members according to the Technical Response & Evaluation Guides (See RFQ Attachments B & C).

The Solicitation Coordinator will total the average score from the evaluation team for each responsive and responsible Respondent’s Technical Response Points for RFQ Attachments B & C to determine which of the Respondents are considered Qualified and within the Competitive Range.

5.2.1. The Solicitation Coordinator will invite the top three (3) ranked apparently responsive and responsible Respondents who passed the Phase 1 evaluation to make an Oral Presentation.

5.2.1.1. The Oral Presentations are mandatory. The Solicitation

Coordinator will schedule Respondent Presentations during the period indicated by the RFQ Section 2, Schedule of Events. The Solicitation Coordinator will make every effort to accommodate each Respondent’s schedules. When the Respondent Presentation schedule has been determined, the Solicitation Coordinator will contact Respondents with the relevant information as indicated by RFQ Section 2, Schedule of Events.

5.2.1.2. Respondent Presentations are only open to the invited

Respondent, Proposal Evaluation Team members, the Solicitation Coordinator, and any technical consultants who are selected by the State to provide assistance to the Proposal Evaluation Team.

5.2.1.3. Oral Presentations provide an opportunity for Respondents to explain and clarify their responses and for the State to test to better understand the practical application of the good or service as applicable. Respondents must not materially alter their responses and Presentations will be limited to addressing the items detailed in RFQ Technical Response & Evaluation Guide.

Respondent pricing shall not be discussed or provided during Oral Presentations.

5.2.1.4. The State will maintain an accurate record of each Respondent’s

Oral Presentation session. The record of the Respondent’s Oral Presentation shall be available for review when the State opens the procurement files for public inspection.

5.2.1.5.5. Proposal Evaluation Team members will independently evaluate each Oral Presentation in accordance with the RFQ Attachment C., Technical Response & Evaluation Guide.

5.2.1.5.6. The Solicitation Coordinator will calculate and document the average of the Proposal Evaluation Team member scores for RFQ Attachment C., Technical Response & Evaluation Guide, and record that number as the score for Respondent’s Technical Response section.

5.3. Cost Proposals: If cost is included for this solicitation, then Cost Proposals will be opened for the highest evaluated Respondent. If the Cost Proposal is not acceptable to the State and the Respondent, then the State will open the Cost Proposal for the next apparent highest evaluated Respondent. See RFQ Attachment D, Cost Proposal.

5.4. Clarifications and Negotiations: The State reserves the right to award a contract on the basis of initial responses received; therefore, each response should contain the respondent’s best terms from a technical and cost standpoint. However, the State reserves the right to conduct clarifications or negotiations with respondents. All communications, clarifications, and negotiations shall be conducted in a manner that supports fairness in response improvement.

5.4.1. Clarifications: The State may identify areas of a response that may require further clarification or areas in which it is apparent that there may have been miscommunications or misunderstandings as to the State’s specifications or requirements. The State may seek to clarify those issues identified during one or multiple clarification round(s). Each clarification sought by the State may be unique to an individual respondent.

5.4.2. Negotiations: The State may elect to negotiate with Qualified Respondents, within the competitive range, by requesting revised responses, negotiating costs, or finalizing contract terms and conditions. The State reserves the right to conduct multiple negotiation rounds.

5.4.2.1. Cost Negotiations: All responsive respondents within the competitive range will be given equivalent information with respect to cost negotiations. All cost negotiations will be documented for the procurement file. Additionally, the State may conduct target pricing and other goods or services level negotiations. Target pricing may be based on considerations such as current pricing, market considerations, benchmarks, budget availability, or other methods that do not reveal individual respondent pricing. During target price negotiations, respondents are not obligated to meet or beat target prices, but will not be allowed to increase prices.

5.4.2.2. If the State determines costs and contract finalization discussions and negotiations are not productive, the State reserves the right to bypass the apparent best evaluated Respondent and enter into contract negotiations with the next apparent best evaluated Respondent.

5.5. Evaluation Guide

The State will consider qualifications, experience, technical approach, and cost (if applicable) in the evaluation of responses and award points in each of the categories detailed below. The maximum evaluation points possible for each category are detailed below.

5.6. Contract Award

5.6.1. The Solicitation Coordinator, will determine the apparent best-evaluated response using the scoring provided by the Proposal Evaluation Team. (To effect a contract award to a Respondent other than the one receiving the highest evaluation score, the Solicitation Coordinator must provide written justification and obtain written approval of the Chief Procurement Officer and the Comptroller of the Treasury.)

5.6.2. The State reserves the right to make an award without further discussion of any response.

5.6.3. The State will issue an Evaluation Notice and make the RFQ files available for public inspection at the time and date specified in the RFQ §2, Schedule of Events.

NOTICE: The Evaluation Notice shall not create rights, interests, or claims of entitlement in either the Respondent identified as the apparent best evaluated or any other Respondent.

5.6.4. The Respondent identified as offering the apparent best-evaluated must sign a contract drawn by the State pursuant to this RFQ. The contract shall be substantially the same as the RFQ Attachment G, pro forma contract. The Respondent must sign said contract no later than the Respondent Contract Signature Deadline detailed in RFQ § 2, Schedule of Events. If the Respondent fails to provide the signed contract by the deadline, the State may determine the Respondent is non-responsive to this RFQ and reject the response.

5.6.5. Notwithstanding the foregoing, the State may, at its sole discretion, entertain limited negotiation prior to contract signing and, as a result, revise the pro forma contract terms and conditions or performance requirements in the State’s best interests, PROVIDED THAT such revision of terms and conditions or performance requirements shall NOT materially affect the basis of response evaluation or negatively impact the competitive nature of the RFQ and contractor selection process.

5.6.6. If the State determines that a response is nonresponsive and rejects it, the Solicitation

Coordinator will re-calculate scores to determine (or re-determine) the apparent best-evaluated response.

Evaluation Category Maximum Points Possible Mandatory Requirements (refer to RFQ Attachment A)

Pass/Fail

General Qualifications, Experience, Technical Qualifications, Experience & Approach (refer to RFQ Attachment B)

Technical Qualifications, Experience & Approach (refer to RFQ Attachment C)

Oral Presentations (refer to RFQ Attachment C) 10

ATTACHMENT A

TECHNICAL RESPONSE & EVALUATION GUIDE

All Respondents must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). All Respondents must also detail the response page number for each item in the appropriate space below.

The Solicitation Coordinator will review all responses to determine if the Mandatory Requirement Items are addressed as required and mark each with pass or fail. For each item that is not addressed as required, the Solicitation Coordinator must review the responses and attach a written determination. In addition to the Mandatory Requirement Items, the Solicitation Coordinator will review each response for compliance with all RFQ requirements.

RESPONDENT LEGAL ENTITY

NAME:

Response Page #

(Responden t completes)

Item Ref. Section A— Mandatory Requirement Items Pass/Fail

The Technical Response must be delivered to the State no later than the Technical Response Deadline specified in the RFQ § 2, Schedule of Events.

The Technical Response must not contain cost or pricing information of any type.

The Technical Response must not contain any restrictions of the rights of the State or other qualification of the response.

A Respondent must not submit alternate responses.

A Respondent must not submit multiple responses in different forms (as a prime and a subcontractor).

A.1. Provide the Statement of Certifications and Assurances (RFQ Attachment E) completed and signed by an individual empowered to bind the Respondent to the provisions of this RFQ and any resulting contract. The document must be signed without exception or qualification.

A.2. Provide a statement, based upon reasonable inquiry, of whether the Respondent or any individual who shall perform work under the contract has a possible conflict of interest (e.g., employment by the State of Tennessee) and, if so, the nature of that conflict.

NOTE: Any questions of conflict of interest shall be solely within the discretion of the State, and the State reserves the right to cancel any award.

A.3. Provide a current bank reference indicating that the Respondent’s business relationship with the financial institution is in positive standing. Such reference must be in written form of a standard business letter, signed and dated within the last three months.

A.4. Provide an example of a completed electronic consultation document used to follow up with the provider in response to an e-consult request. At minimum include the following items:

RESPONDENT LEGAL ENTITY

NAME:

Response Page #

(Responden t completes)

Item Ref. Section A— Mandatory Requirement Items Pass/Fail

• Confirmation of diagnosis and/or comprehensive understanding of patient condition

• Recommendation or confirmation of treatment plan applicable to patient’s diagnosis/condition

• Recommendation of treatment plan based on patient’s social determinants of health and/or barrier to access resources for care

State Use – RFQ Coordinator Signature, Printed Name & Date:

ATTACHMENT B

TECHNICAL RESPONSE & EVALUATION GUIDE

SECTION B: GENERAL QUALIFICATIONS & EXPERIENCE. The Respondent must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. Evaluation Team members will independently evaluate and assign one score for all responses to Section B— General Qualifications & Experience Items.

RESPONDENT

LEGAL ENTITY

NAME:

Response Page #

(Respondent completes)

Item Ref. Section B— General Qualifications & Experience Items

B.1. Detail the name, e-mail address, mailing address, telephone number, and facsimile number, if applicable, of the person the State should contact regarding the response.

B.2. Describe the Respondent’s form of business (i.e., individual, sole proprietor, corporation, non-profit corporation, partnership, limited liability company) and business location (physical location or domicile).

B.3. Detail the number of years the Respondent has been in business.

B.4. Briefly describe how long the Respondent has been performing the goods or services required by this RFQ.

B.5. Describe the Respondent’s number of employees, client base, and location of offices.

B.6. Provide a statement of whether there have been any mergers, acquisitions, or sales of the Respondent within the last ten (10) years. If so, include an explanation providing relevant details.

B.7.

Provide a statement of whether the Respondent or, to the Respondent's knowledge, any of the Respondent’s employees, agents, independent contractors, or subcontractors, proposed to provide work on a contract pursuant to this RFQ, have been convicted of, pled guilty to, or pled nolo contendere to any felony. If so, include an explanation providing relevant details.

B.8.

Provide a statement of whether, in the last ten (10) years, the Respondent has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors. If so, include an explanation providing relevant details.

B.9.

Provide a statement of whether there is any material, pending litigation against the Respondent that the Respondent should reasonably believe could adversely affect its ability to meet contract requirements pursuant to this RFQ or is likely to have a material adverse effect on the Respondent’s financial condition. If such exists, list each separately, explain the relevant details, and attach the opinion of counsel addressing whether and to what extent it would impair the Respondent’s performance in a contract pursuant to this

RFQ.

NOTE: All persons, agencies, firms, or other entities that provide legal opinions regarding the Respondent must be properly licensed to render such opinions. The State may require the Respondent to submit proof of such licensure detailing the state of licensure and licensure number for each person or entity that renders such opinions.

Provide a statement of whether there is any pending or in progress Securities Exchange Commission investigations involving the Respondent. If such exists, list each separately, (Respondent completes)

Item Ref. Section B— General Qualifications & Experience Items

B.10.

explain the relevant details, and attach the opinion of counsel addressing whether and to what extent it will impair the Respondent’s performance in a contract pursuant to this RFQ.

NOTE: All persons, agencies, firms, or other entities that provide legal opinions regarding the Respondent must be properly licensed to render such opinions. The State may require the Respondent to submit proof of such licensure detailing the state of licensure and licensure number for each person or entity that renders such opinions.

B.11. Provide a brief, descriptive statement detailing evidence of the Respondent’s ability to deliver the goods or services sought under this RFQ (e.g., prior experience, training, certifications, resources, program and quality management systems, etc.).

B.12.

Provide a narrative description of the proposed contract team, its members, and organizational structure along with an organizational chart identifying the key people who will be assigned to provide the goods or services required by this RFQ, illustrating the lines of authority, and designating the individual responsible for the completion of each task and deliverable of the RFQ.

B.13.

Provide a personnel roster listing the names of key people who the Respondent will assign to perform tasks required by this RFQ along with the estimated number of hours that each individual will devote to the required tasks. Follow the personnel roster with a resume for each of the people listed. The resumes must detail the individual’s title, education, current position with the Respondent, and employment history.

B.14.

Provide a statement of whether the Respondent intends to use subcontractors to accomplish the work required by this RFQ, and if so, detail:

(a) the names of the subcontractors along with the contact person, mailing address, telephone number, and e-mail address for each;

(b) a description of the scope and portions of the work each subcontractor will perform;

and

(c) a statement specifying that each proposed subcontractor has expressly assented to being proposed as a subcontractor in the Respondent’s response to this RFQ.

B.15.

Provide documentation of the Respondent’s commitment to diversity as represented by the following:

(a) Business Strategy. Provide a description of the Respondent’s existing programs and procedures designed to encourage and foster commerce with business enterprises owned by minorities, women, service-disabled veterans, businesses owned by persons with disabilities, and small business enterprises. Please also include a list of the Respondent’s certifications as a diversity business, if applicable.

(b) Business Relationships. Provide a listing of the Respondent’s current contracts with business enterprises owned by minorities, women, service-disabled veterans, businesses owned by persons with disabilities, and small business enterprises.

Please include the following information:

(i) contract description;

(ii) contractor name and ownership characteristics (i.e., ethnicity, gender, service-disabled, disability); and

(iii) contractor contact name and telephone number.

(c) Estimated Participation. Provide an estimated level of participation by business enterprises owned by minorities, women, service-disabled veterans, businesses owned by persons with disabilities, and small business enterprises if a contract is

(Respondent completes)

Item Ref. Section B— General Qualifications & Experience Items awarded to the Respondent pursuant to this RFQ. Please include the following information:

(i) a percentage (%) indicating the participation estimate. (Express the estimated participation number as a percentage of the total estimated contract value that will be dedicated to business with subcontractors and supply contractors having such ownership characteristics only and DO NOT INCLUDE DOLLAR

AMOUNTS);

(ii) anticipated goods or services contract descriptions;

(iii) names and ownership characteristics (i.e., ethnicity, gender, service-disabled veterans, disability) of anticipated subcontractors and supply contractors.

NOTE: In order to claim status as a Diversity Business Enterprise under this contract, businesses must be certified by the Governor’s Office of Diversity Business Enterprise (Go-DBE). Please visit the Go-DBE website at https://tn.diversitysoftware.com/FrontEnd/StartCertification.asp?TN=tn&XID=9810 for more information.

(d) Workforce. Provide the percentage of the Respondent’s total current employees by ethnicity and gender.

NOTE: Respondents that demonstrate a commitment to diversity will advance State efforts to expand opportunity to do business with the State as contractors and subcontractors.