40DHHS-S3183 -CCBHC QIP -request-for-proposals-2025-04-07.docx

Nevada State Purchasing Division Department of Administration 515 E Musser St Ste 300 Carson City, NV 89701 purchasing.nv.gov nevadaepro.com

Request for proposals 40DHHS-S3183

Release Date Wednesday April 9th, 2025

Solicitation number 40DHHS-S3183

Single point of contact name Thomas Helms

Single point of contact email t.helms@admin.nv.gov

Single point of contact phone 775-531-3307

Soliciting agency Nevada State Purchasing

Contracting agency Department of Health Care Financing and Policy

Solicitation title Certified Community Behavioral Healthcare Centers QIP Rate Setting

Deadline for submissions May 21st, 2025, at 2:00 pm

For deaf and hard of hearing, call 711 and ask the relay agency to dial the single point of contact phone number above.

This request for proposals is available at nevadaepro.com as a bid solicitation.

Table of Contents

Applicable regulations governing procurement

Statute and code. All applicable Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) documentation can be found at: www.leg.state.nv.us/law1.cfm.

Single point of contact. Vendors and their representatives shall only contact the single point of contract or use the electronic procurement system regarding this solicitation until after a notice of award (NOA) has been issued. Failure to observe this restriction may result in disqualification of a response per NAC 333.155(3).

Ethics. Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to NRS 281A, NRS 333.800, and NAC 333.155.

Project overview

The Nevada State Purchasing Department, on behalf of the Department of Health Care Financing and Policy(DHCP), is seeking proposals from qualified vendors that have experience and expertise to provide Certified Community Behavioral Healthcare Centers (CCBHC) – Quality Incentive Payment (QIP) calculations utilizing a robust user-friendly data collection system process, as described in the Scope of Work and attachments.

The State intends to award one (1) contract in conjunction with this request for proposals (RFP), as determined in the best interests of the State. The DHCFP shall administer contract(s) resulting from this solicitation. The resulting contract(s) are expected to be for a contract term of four years, subject to Board of Examiners (BOE) approval, with two one-year options to extend, if deemed in the best interest of the State.

In the event of a need for a transition, that period is estimated at three months. The contract is anticipated to begin upon BOE approval to provide for any needed transition at no cost to the state. Services under the new contract shall begin January 1, 2026.

CCBHC project shall be operated in accordance with DHCFP policies and procedures, as well as Federal and State statutes and regulations, including but not limited to, the following Federal-specific RFP/contract requirements. Vendor’s processes for CCBHC project shall not conflict with these requirements, nor with other programs and requirements operated by DHCFP, including the State Medicaid Manual.

45 CFR 95.615 – Access to systems & records given by the State to DHHS 45 CFR 95.617 – Software and Ownership Rights 42 CFR 434 – General [Medicaid] Contract & Subcontract Requirements 45 CFR 74 – Uniform Administrative Requirements for Awards and Subawards to Institutions of Higher Education, Hospitals, Other Non-Profit Organizations, and Commercial Organizations and Certain Grants and Agreements with States, Local Governments and Indian Tribal Governments 45 CFR 75 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards 45 CFR 95 – General Administration Grant Programs (Public Assistance, Medical Assistance, and State Children’s Health Insurance Programs) 45 CFR 170 – Health Information Technology Standards, Implementation Specifications, and Certification Criteria and Certification Programs for Health Information Technology 42 CFR 431, Subpart F – Safeguarding Information on Applicants and Beneficiaries NRS 239B.010 – Request by agency of State or political subdivision for information on certain persons from Federal Bureau of Investigation NRS 422.290 – Custody, Use, Preservation, and Confidentiality of Records, Files and Communications Concerning Applicants for and Recipients of Public Assistance or Assistance Pursuant to Children’s Health Insurance Program 45 CFR 95.626 – Independent Verification and Validation (if deemed applicable by DHCFP)

Federal and State laws pertaining to the requirements of this RFP include, without limitation and incorporating any updates or changes in requirements and at no additional cost to the state during the life of the project, are as follows:

Nevada State Plan for CCBHC 4.19-B page 9b DHCFP owns rights to the data Extraction of the data shall be provided at no additional fees QIP Methodology documentation as noted in the State guidelines (found on the DHCFP website at https://dhcfp.nv.gov) Contracting agency background

Nevada DHCFP is responsible for administering or supervising the administration of the Medicaid program under Title XIX and Children’s Health Insurance Program (CHIP) under Title XXI of the Social Security Act. The Director of DHHS has the authority to make commitments with the federal government on behalf of Nevada. The Director is appointed by, and reports to, the Governor.

DHCFP administers the Medicaid and Nevada Check Up state plans, including the rates and medical benefit plans. DHCFP manages the Fee for Service (FFS) benefit plan, the Managed Care Organizations (MCO), program compliance activities, and the program’s budget and fiscal operations. Nevada’s Medicaid program currently operates with MCO and traditional FFS populations. DHCFP works in partnership with the Centers of Medicare and Medicaid Services (CMS) to assist in providing quality medical care for eligible individuals and families with low incomes and limited resources.

Enrollment information as of November 2024 is 787,807 members DHCFP has approximately 321 filled-positions staff with offices in Carson City, Las Vegas, Reno, and Elko

The transition to statewide MCO coverage begins January 1, 2026.

In 2014, the Protecting Access to Medicare Act (H.R. 4302) passed in Congress. Section 223 of this legislation established the CCBHC program to improve mental health services in select states. It established clear definitions and service guidelines for CCBHCs, creating a common definition for high quality, accessible, and comprehensive care. It also outlined two new payment models to improve reimbursements by using costs of services provided rather than fee schedules. The original legislation earmarked $1.1 billion for the community behavioral health care system. Nevada has 9 current CCBHCs and has authority to expand statewide.

Information about how Nevada administers the CCBHC program is detailed in the Medicaid State Plan and the Medicaid Services Manual Chapter 2700 (https://dhcfp.nv.gov) and in RFP Attachment – Nevada CCBHC Measures Technical Manual.

DHCFP also works in partnership with the Division of Public and Behavioral Health (DPBH) which provides certification for and completes the public health services for biostatics and epidemiology, health statistics, planning and emergency response, consumer health protection, and facility licensing with Health Care Quality and Compliance (HCQC) and adult and rural mental health services.

This RFP requires Vendors to perform the following functions:

QIP calculations utilizing the 21 quality measures. The twenty-one (21) measures can be found in Attachment CCBHC Technical Manual Timely calculations of those measures as defined by Federal and State statutes.

CCBHC data extraction to complete the dashboards with data points to include the 21 measures and to correspond with the State CCBHC dashboards.

Vendor to provide analysis including recommendations and corrections Ensure CCBHCs have accurate data for the calculations of QIP, shadow billing, demographic, and session data.

Implement a client portal for the satisfaction survey completion.

Improve efficiencies through streamlined reporting processes to reduce administrative burden to the State, DHCFP, DPBH, and providers. Direct collaboration with individual agencies is required.

Comply with HIPAA privacy and security law (as defined in Section 3009 of the Public Health Service Act) and any other State or Federal regulation.

Reduce administrative barriers for providers, thus improving ease of use and provider satisfaction with the program to strengthen the provider network and reduce access to care challenges.

Reduce time and effort to make changes throughout the Electronic Health Records (EHR) system by maximizing use of configurations and reducing custom code that requires programming effort to change; and Reduce implementation costs and risks by leveraging current assets.

Work with DHCFP Data Analytics and each MCO as needed to extract information.

Generate cost savings when applying the formula to the data subsets. Accurate calculations are needed to ensure the State is not overpaying.

Consider current best practices for these activities.

Increase worker efficiencies through automated workflow processing.

System Requirements

DHCFP closely aligns its Medicaid technology and computing environment with CMS Standards and Conditions. DHCFP has adopted a modular, flexible approach to systems development, including the use of open interfaces and exposed application programming interfaces (API) when DHCFP goes live; the separation of business rules from core programming; and the availability of business rules in both human and machine-readable formats.

The commitment to formal system development methodology and open, reusable system architecture is extremely important to ensure DHCFP can more easily change and maintain systems, as well as integrate and interoperate with a clinical and administrative ecosystem designed to deliver person-centric services and benefits. This approach enables DHCFP the ability to meet current business objectives and provide a platform to more effectively support the evolving complexities of programs and recipient populations served by DHCFP.

Security Standards

If requested Vendor shall agree to a security review by Office of the Chief Information Officer (OCIO) System shall meet or exceed all applicable Nevada Revised Statutes (NRS), Nevada Administrative Code (NAC), State Information Security Program Policy, and State and Department Security Standards related to the product or service being required/provided

Products and/or Alternatives

Vendor shall not propose an alternative that would require the State to acquire hardware and/or software or change processes to function properly on a vendors system unless vendor includes a clear description of such proposed alternatives and clearly marks any descriptive material to show the proposed alternative. An acceptable alternative is one the State considers satisfactory in meeting the requirements of this RFP. The State, at its sole discretion, shall determine if the proposed alternative meets the intent of the original RFP requirements

Key Personnel

Vendor shall abide by the service performance standards, service guarantees, financial penalties as outlined in the RFP Attachment – Service Performance Standards

Vendor Key Personnel requirements and responsibilities

Vendor shall identify and provide qualified Key Personnel to perform the work necessary to accomplish the tasks defined in the scope of work. Key Personnel are identified as contractor staff responsible for oversight of work during the life of the project and for work products and/or deliverables. The State reserves the right to have any contract Key Personnel or Management staff replaced at the sole discretion of and as deemed necessary by the State.

The State shall approve all Vendor resources.

During the contract term, the State reserves the right to remove any member of Contractor staff from the project if performance is not deemed satisfactory.

During contract term, if Key Personnel are replaced, someone with comparable skill and experience level shall replace them. A representative of Contractor authorized to bind the company shall notify the State in writing of any change in their Key Personnel.

Replacements to Contractor Key Personnel are bound by all terms and conditions of the contract and any subsequent issue resolutions and other project documentation agreed to by the previous personnel. Contractor shall provide a resume and references for Key Personnel replacement.

Upon request, the proposed individuals shall be made available within five (5) calendar days of such notice for an online/virtual interview with State staff at no cost to the State.

The State shall have the right to accept, reject, or request additional candidates, in writing, within five (5) calendar days of receipt of resumes or interviews with the proposed individuals, whichever comes later.

The signed acceptance shall be considered an update to the Key Personnel and shall not require a contract amendment.

A written transition plan shall be provided to the State prior to approval of any change in key personnel.

Communicate all contract issues to the designated DHCFP Project Manager as the single point of contact for the Contract.

Meet with DHCFP staff on a regular basis, as agreed upon by DHCFP, to review reports and all other obligations under Contract resulting from this RFP. Vendor shall provide meeting scheduling, agendas, and minutes.

Develop and maintain a final organization chart that include all staff resources assigned to all components of Contract resulting from this RFP to be approved by DHCFP prior to implementation by Vendor.

DHCFP Personnel Resources

Project Sponsor: All project activities shall be conducted under the authority of DHCFP.

Project Manager: Coordinates activities of all individuals and organizations involved in the project that shall provide on-going daily direction and oversight to the State project staff and Contractor and report progress and problems to the Steering Committee; coordinate all organizations involved in the project and ensure resource requirements are identified and addressed; and set priorities when choices of alternatives are required.

Quality Assurance Monitor: Acts as technical assistant to the State and reports to the Project Manager and Social Services Program Specialist to provide review of project tasks, validates results, provides recommendations as required, reviews deliverables, and monitors project plan.

Social Services Program Specialist: Single point of contact for the Third-Party Liability Services Program.

Project Staff: Report to Project Manager and perform various functions for the CCBHC project as tasked.

CCHBC QIP Vendor Services and Transition Period

The objective of this task is to facilitate the transition of CCBHC QIP services to a newly designated CCBHC QIP Vendor and complete all activities under the contract. Vendor shall work with DHCFP to develop a Closeout and Transition Plan that adheres to approved entrance and exit criteria for the Closeout Task that promotes a seamless transition to the newly designated CCBHC QIP Vendor, at no cost, as selected by the State to assume operational responsibilities. Upon satisfying the approved criteria, Vendor shall obtain written approval from the State to:

Begin work associated with the Closeout Task Formally acknowledge completion of the Closeout Task

Vendor shall maintain appropriate staffing levels that are consistent with levels provided throughout operations for the duration of the contract

Scope of work

The Scope of Work is provided in an attachment in nevadaepro.com.

vendors response to RFP

Within Vendor submitted proposal, Vendor shall provide information and responses in their approach to a preliminary project plan and scheduling and accomplishing all tasks and activities described in the Scope of Work sections within this RFP. The tasks and activities within this section are not necessarily listed in the order that they shall be completed.

If subcontractor(s) shall be used for any of the tasks, Vendor shall indicate which task(s) and percentage of time subcontractor(s) shall spend on task(s). Vendor response shall be limited to no more than five (5) pages per task, not including appendices, samples, and/or exhibits.

Project Management Methodology: Vendor provided formal systems development methodologies and describe in their proposal the following project methodologies and processes utilized for:

Project integration to ensure that the various elements of the project are properly coordinated.

Project scope to ensure that the project includes all the work required and only the work required to complete the project successfully.

Time management to ensure timely completion of the project. Include defining activities, estimating activity duration, developing and controlling the project schedule.

Management of contractor and/or subcontractor issues and resolution process.

Responding to and covering requested changes in the project time frames.

Responding to State generated issues.

Cost management to ensure that the project is completed within the approved budget. Include resource planning, cost estimating, cost budgeting and cost control.

Resource management to ensure the most effective use of people involved in the project including subcontractors.

Communications management to ensure effective information generation, documentation, storage, transmission and disposal of project information.

Risk management to ensure that risks are identified, planned for, analyzed, communicated and acted upon effectively.

Quality Assurance: Vendor shall describe the quality assurance methodologies and processes utilized to ensure that the project shall satisfy State requirements as outlined.

Metrics Management: Vendors shall describe the metrics management methodology and processes utilized to satisfy State requirements as outlined. The methodology shall include the metrics captured and how they are tracked and measured.

Design and Development Process: Vendors shall describe the methodology, processes, and tools utilized for:

Analyzing potential solutions, including identifying alternatives for evaluation in addition to those suggested by the State.

Developing a detailed operational concept of the interaction of the system, the user and the environment that satisfies the operational need.

Identifying the key design issues that shall be resolved to support successful development of the system.

Integrating the disciplines that are essential to system functional requirements definition.

Preliminary Project Plan: Vendor shall submit a Preliminary Project Plan as part of the proposal, including, but not limited to the following:

Gantt charts show all proposed project activities.

Planning methodologies Milestones Task conflicts and/or interdependencies.

Estimated time frame for each task as identified.

Overall estimated time frame from project start to completion for both vendor and State activities, including strategies to avoid schedule slippage.

A written plan addressing the roles and responsibilities and method of communication between Contractor and any subcontractor(s), if applicable.

Identify potential risks associated with the project, include the proposed plan to mitigate the potential risks, and include recommended strategies for managing those risks.

Provide information on Vendor staff that shall be located onsite in Carson City. If staff shall be located at remote locations, Vendor shall include specific information on plans to accommodate the exchange of information and transfer of technical and procedural knowledge. DHCFP encourages alternate methods of communication other than in-person meetings, such as transmission of documents via email and video/teleconferencing, as appropriate.

Vendor responses and preliminary project plan submitted by awarded Vendor shall be incorporated into the contract.

Project Software: Vendors shall describe any software tools and equipment resources to be utilized during the course of the project, including minimum hardware requirements and compatibility with existing computing resources.

Vendor Response to RFP Attachment – Requirements Matrix

Vendor shall explain in sufficient detail how the Vendor shall satisfy DHCFP technical and functional project requirements as described below for RFP Attachment – Requirements Matrix. If subcontractors shall be used for any of the tasks, Vendor shall indicate what tasks, and the percentage of time subcontractor(s) shall spend on those tasks.

Vendor shall:

Describe how the proposed system meets the requirements specified within this RFP.

Present the platform requirements for efficient operation of the system.

Review the requirements matrix carefully to ensure that the proposed system design addresses all requirements.

Tie each data element/function to the vendor’s project plan by task number.

Respond to and identify all system requirements by properly coding the Status and indicating how the requirement is satisfied.

Status: W – Workflow or System Configuration Required Description: Current functionality of the proposed system exists in the system and can be modified by a system administrator to meet this requirement.

Status: M – Modification Required Description: The proposed system requires a modification to existing functionality to meet this requirement which requires a source code modification. The system shall be modified to satisfy the requirements as stated or in a different format. The vendor shall explain the modifications and include the cost of all modifications above and beyond the base cost in RFP Attachment – Cost Schedule.

Status: F – Planned for Future Release Description: This functionality is planned for a future release. The vendor shall explain how the requirement shall be satisfied by the system and when the release shall be available.

Status: C – Custom Design and Development Description: The proposed system requires new functionality to meet this requirement which requires a source code addition. The vendor shall explain the feature and its value and include any cost above and beyond the base cost in RFP Attachment – Cost Schedule.

Status: N – Cannot Meet Requirements Description: The proposed system shall not satisfy the requirement. The vendor shall explain why the requirement cannot be satisfied.

Status: O – Other Software Description: If the requirement is to be satisfied using a separate software package(s), vendors shall identify those package(s) and describe how the functionality is integrated into the base system.

Vendor Response to RFP Attachment – Cost Schedule Vendor shall include their costs associated for the scope of services with RFP Attachment - Cost Schedule.

Attachments

Attachments incorporated by reference. To be read and not returned.

Terms and conditions for services

Attachments for review. To be read and not returned (unless redlining).

Standard form contract Insurance schedule Scope of Work Service Performance Standards Business Associate Addendum Consumer Satisfaction Surveys Business Continuity Agreement CCBHC Measures Technical Manual

Attachments for response. To be completed and returned.

Reference questionnaire Cost schedule Certification regarding lobbying Requirement Matrix

Timeline

Questions. All questions regarding this solicitation shall be submitted using the bid Q&A feature at nevadaepro.com.

Timeline. The following represents the proposed timeline for this project.

All times stated are Pacific Time (PT).

These dates represent a tentative schedule of events.

The State reserves the right to modify these dates at any time.

The deadline for submissions is the nevadaepro.com bid opening date and time. Late quotes will not be accepted.

Evaluation

Evaluation and scoring are conducted in accordance with NRS 333.335 and NAC 333.160-333.165.

Responses shall be kept confidential until a contract is awarded.

In the event the solicitation is withdrawn prior to award, responses remain confidential.

The evaluation committee is an independent committee established to evaluate and score qualitative evaluation factors for the solicitation.

The State, at its option, may limit participation in cost scoring, presentations, or both to vendors above a natural break in relative scores.

Financial stability shall be scored on a pass or fail basis.

Responses shall be consistently evaluated and scored based upon the following factors and relative weights.

Cost factor. The cost factor score will be based on the following equation. The highest proposed cost from any vendor and the lowest proposed cost from any vendor will be added together to generate a combined total. For each vendor, that proposed cost will be subtracted from the previously combined total. This number is then divided by the highest proposed cost. The resulting number is multiplied by the cost factor weight to generate a weighted cost score.

Presentations. The State may require vendors to make a presentation. The State reserves the right to add additional criteria for presentations. The State reserves the right to forego presentations and select vendor(s) based on written responses submitted.

Best and final offers. Pursuant to NAC 333.165, the State reserves the right to permit revised responses or add criteria to obtain the best offers.

Mandatory minimum requirements

Pursuant to NRS 333.311 a contract cannot be awarded to a response that does not comply with the requirements listed in this section. Response shall include confirmation of compliance with all mandatory minimum requirements.

Nevada Law and State indemnity. Pursuant to NRS 333.339, any contract that is entered into may not: (1) require the filing of any action or the arbitration of any dispute that arises from the contract to be instituted or heard in another state or nation; or (2) require the State to indemnify another party against liability for damages.

No Boycott of Israel. Pursuant to NRS 333.338, the State of Nevada cannot enter a contract with a company unless that company agrees for the duration of the contract not to engage in a boycott of Israel. By submitting a response, vendor agrees that if it is awarded a contract, it will not engage in a boycott of Israel as defined in NRS 333.338(3)(a).

nevadaepro.com vendor registration. Pursuant to NRS 333.313, vendor must be registered at nevadaepro.com to respond to the solicitation. Vendor information must match Nevada business license and sam.gov entity registration. Vendor information in nevadaepro.com will be used for contract formation. Email address(es) associated with general mailing address or default bid mailing address (if different from general mailing address) in nevadaepro.com will be used for formal notifications. If a vendor has a different contact name and email for negotiations, that should be indicated on the title page(s) of their response.

Nevada business license. Pursuant to NRS 353.007, prior to contract execution awarded vendor must hold a state business license pursuant to NRS chapter 76 unless exempted by NRS 76.100(7)(b). Business license must match nevadaepro.com vendor registration.

System for Award Management (sam.gov) Prior to contract award vendor must hold an active entity registration in sam.gov. Entity registration must match nevadaepro.com vendor registration.

Contract responsibility. Awarded vendor shall be the sole point of contract responsibility. The State shall look solely to the awarded vendor for the performance of all contractual obligations which may result from an award based on this solicitation, and the awarded vendor shall not be relieved for the non-performance of any or all subcontractors.

Data encryption and stateside data. State IT requires that data be encrypted in transit and in rest. State IT requires that State data assets must be maintained in the United States and data will not be held offshore.

Confidentiality and certification of indemnification

Submitted responses, which are marked confidential in their entirety, or those in which a significant portion of the submitted response is marked confidential shall not be accepted. Pursuant to NRS 333.333, only proprietary information may be labeled a trade secret as defined in NRS 600A.030(5). All proposals are confidential until the contract is awarded; at which time, both successful and unsuccessful vendor proposals become public information.

Vendors shall submit proprietary information and confidential business information in separate files, flagged as confidential in nevadaepro.com. The State shall not be responsible for any information contained within a response; responses shall be released as submitted.

By submitting a response vendor acknowledges its responsibility to act in protection of labeled information and agrees to defend and indemnify the State of Nevada for honoring such designation. Failure to act shall constitute a complete waiver, and all submitted information shall become public information; additionally, failure to label any information that is released by the State shall constitute a complete waiver of any and all claims for damages caused by the release of the information.

Vendor certifications

Vendor understands and acknowledges that the representations within their response are material and important and shall be relied on by the State in evaluation of the response. Any vendor misrepresentations shall be treated as fraudulent concealment from the State of the true facts relating to the response.

Any and all prices that may be charged under the terms of the contract do not and shall not violate any existing federal, State, or municipal laws or regulations concerning discrimination or price fixing. Vendor agrees to indemnify, defend, and hold the State harmless from liability for any such violation.

All response terms, including prices, shall remain in effect for a minimum of 180 days after the response due date. In the case of the awarded vendor, all response terms, including prices, shall remain in effect throughout the contract term.

The price(s) and amount of this response have been arrived at independently and without consultation, communication, agreement or disclosure with or to any other contractor, vendor, or potential vendor. No attempt has been made at any time to induce any firm or person to refrain from proposing or to submit a response higher than this response, or to submit any intentionally high or noncompetitive response. All responses shall be made in good faith and without collusion.

The information included in this response has been arrived at independently and without non-public information obtained from State officials, staff, or their agents.

All employees and contractors assigned to the project are authorized to work in this country.

Vendor has a written equal opportunity policy that does not discriminate in employment practices with regard to race, color, national origin, physical condition, creed, religion, age, sex, marital status, sexual orientation, developmental disability or disability of another nature.

Vendor has a written policy regarding compliance for maintaining a drug-free workplace.

Critical items

In addition to the scope of work and attachments, the items listed in this section are critical to the success of the project. These items will be used in evaluating and scoring responses. Vendor response should address items in this section in enough detail to provide evaluators with an accurate understanding of vendor capabilities. Responses that fail to sufficiently respond to these items may be considered non-responsive.

Standard form contract. The State strongly prefers vendors agree to the terms of the attached standard form contract as is. Ability to agree to contract terms is a high priority to the State. Vendors who cannot agree to the contract as is must include a redlined Word version of the attached standard form contract with their response, with comments justifying the benefit to the State for each requested change. To the extent a vendor has prior contractual dealings with the State, no assumption should be made that terms outside those provided herein have any influence on this project.

Indemnification. Required contract terms on Indemnification: "To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend, not excluding the State’s right to participate, the State from and against all liability, claims, actions, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of any breach of the obligations of Contractor under this contract, or any alleged negligent or willful acts or omissions of Contractor, its officers, employees and agents. Contractor’s obligation to indemnify the State shall apply in all cases except for claims arising solely from the State’s own negligence or willful misconduct. Contractor waives any rights of subrogation against the State. Contractor’s duty to defend begins when the State requests defense of any claim arising from this Contract."

Limited liability. Required contract terms on Limited Liability: "The State will not waive and intends to assert available NRS Chapter 41 liability limitations in all cases. Contract liability of both parties shall not be subject to punitive damages. Damages for any State breach shall never exceed the amount of funds appropriated for payment under this Contract, but not yet paid to Contractor, for the Fiscal Year budget in existence at the time of the breach. Contractor’s tort liability shall not be limited."

Insurance schedule. The State strongly prefers vendors agree to the terms of the attached insurance schedule as is. Vendors who cannot agree must explain which areas are causing non-compliance and attach a red-line if necessary. Awarded vendor shall maintain, for the duration of the contract, insurance coverages as set forth in the fully executed contract. Work on the contract shall not begin until after the awarded vendor has submitted acceptable evidence of required insurance. Failure to maintain any required insurance coverage or acceptable alternative method of insurance shall be deemed a breach of contract.

Vendor background

Provide a background, history, and why vendor is qualified to provide the services described in this solicitation. Background should include, at a minimum, the location(s) of the office(s) that would perform the work and the number of employees locally and in total. History should include, at a minimum, the number of years in business and company headquarters location. Provide a brief description of the length of time vendor has been providing services described in this solicitation to the public or private sector. If your company has worked with the State previously, include information about those engagements.

Key personnel. Provide a resume free of photos or overly stylized formatting for proposed key personnel, whether employed directly or through a subcontractor.

Current or former employees. If you employ (a) any person who is a current employee of an agency of the State of Nevada, or (b) any person who has been an employee of an agency of the State of Nevada within the past two (2) years, and if such person shall be performing or producing the services which you shall be contracted to provide under this contract, you shall disclose the identity of each such person in your response, and specify the services that each person shall be expected to perform.

Exclusions. All conditions and provisions of this solicitation are deemed to be accepted by the vendor and incorporated by reference in the response, except such conditions and provisions that the vendor expressly excludes in the response. Any exclusion shall be in writing and included in the response at the time of submission.

Subcontractors

Subcontractors are defined as a third party, not directly employed by the contractor, who shall provide services identified in this solicitation. This does not include third parties who provide support or incidental services to the contractor.

Vendor shall disclose all proposed subcontractors. Response should include a vendor information response form for each proposed subcontractor.

Vendor shall not allow any subcontractor to commence work until all insurance required of the subcontractor is provided to the vendor.

Vendor shall certify that subcontractors comply with mandatory minimum requirements except contract responsibility.

Vendor response shall identify specific requirements of the project for which each subcontractor shall perform services.

How the work of any subcontractor(s) shall be supervised How channels of communication shall be maintained How compliance with contracts terms and conditions will be assured Previous experience with subcontractor(s)

Confidential business information

The information requested in this section is designated as confidential business information by the Administrator pursuant to NRS 333.020(5)(b) and is not public information pursuant to NRS 333.333.

This information should be submitted as a separate attachment, flagged as confidential in nevadaepro.com.

Dun and Bradstreet number. Vendor shall provide their Dun and Bradstreet Number.

Financial information. Vendor shall provide the last two full years and current year interim (a) profit and loss statements and (b) balance statements.

Disclosure. Vendor shall provide complete disclosure of any alleged significant prior or ongoing contract failures, contract breaches, any civil or criminal litigation or investigations pending which involves the vendor or in which the vendor has been judged guilty or liable.

Conflict of interest. Vendor shall disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this solicitation. Any such relationship that might be perceived or represented as a conflict shall be disclosed. By submitting a response in response to this solicitation, vendors affirm that they have not given, nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or any employee or representative of same, in connection with this procurement. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest shall result in disqualification of a vendor response. An award shall not be made where a conflict of interest exists. The State shall determine whether a conflict of interest exists and whether it may reflect negatively on State vendor selection. The State reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest.

Client references

Vendor shall provide reference questionnaire attachment to client references from similar projects performed for private or public sector clients within the last five years.

The single point of contact must receive at least three complete reference questionnaire documents directly from the client references via email.

The purpose of these references is to document relevant experience and aid in the evaluation process.

Reference questionnaire will not be accepted directly from proposing vendors.

Client references shall not be requested from the contracting agency.

The State will not disclose client references but may confirm if a reference questionnaire has been received.

The State reserves the right to contact client references during evaluation or negotiations.

Submission checklist

This section identifies documents that vendors shall submit to be considered responsive. Vendors are encouraged to review all requirements to ensure all requested information is included in their response.

Responses must be submitted as a quote through nevadaepro.com.

Vendors are encouraged to submit a single file attachment per section where possible.

Technical proposal information and cost proposal information shall not be included in the same attachment.

Cost proposal attachment shall not be flagged as confidential in nevadaepro.com.

Additional attachments may be included but are discouraged and should be kept to a minimum.

Technical proposal

Title page Table of contents Signed certification regarding lobbying Response to mandatory minimum requirements Response to critical items Response to scope of work Other informational material

Proprietary information. If necessary. Attachment should be flagged confidential in nevadaepro.com.

Title page Table of contents Trade secret information, cross referenced to the technical proposal (alternatively, a redacted technical proposal and a full confidential technical proposal can be submitted)

Cost proposal

Confidential business information. Attachment should be flagged confidential in nevadaepro.com.

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Revised 2024-10 Page 2 of 6

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