52-RFP-1437024364-CCG - LOCUM TENENS SERVICES.pdf

STATE OF NORTH CAROLINA

DEPARTMENT OF ADULT CORRECTION

Request for Proposal #: 52-RFP-1437024364-CCG

LOCUM TENENS SERVICES

Date of Issue: February 13, 2025

Proposal Opening Date: March 10, 2025

At 2:00 PM ET

Direct all inquiries concerning this RFP to:

Crystal Carlson

Procurement Specialist

Email: crystal.carlson@dac.nc.gov

Phone: 919-324-6475

Ver: 11/2023

Request for Proposal #

52-RFP-1437024364-CCG

For internal State agency processing, including tabulation of proposals, provide your company’s eVP (Electronic Vendor

Portal) Number. Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection.

This page shall be filled out and returned with your proposal.

Failure to do so may subject your proposal to rejection.

Vendor Name

Vendor eVP#

Note: For a contract to be awarded to you, your company (you) must be a North Carolina registered vendor in good standing. You must enter the vendor number assigned through eVP (Electronic Vendor

Portal). If you do not have a vendor number, register at https://vendor.ncgov.com/vendor/login https://vendor.ncgov.com/vendor/login

Proposal Number 52-RFP-1437024364-CCG Vendor: __________________________________________

Ver: 11/2023 1

Refer ALL Inquiries regarding this RFP to the procurement lead through the Message Board in the Sourcing Tool. See section 2.5 for details:

Request for Proposal #: 52-RFP-1437024364-CCG

Proposals will be publicly opened:

March 10, 2025, at 2:00 PM ET

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Using Agency: Division of Comprehensive Health Services Commodity No. and Description: 851215 – Primary care practitioner services Requisition No.: RQ154368

EXECUTION

In compliance with this Request for Proposals (RFP), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein.

By executing this proposal, the undersigned Vendor understands that false certification is a Class I felony and certifies that:

▪ this proposal is submitted competitively and without collusion (G.S. 143-54),

▪ none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and

▪ it is not an ineligible Vendor as set forth in G.S. 143-59.1.

Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor’s knowledge and belief, that:

▪ it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency.

As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system.

As required by Executive Order 24 (2017), the undersigned vendor certifies will comply with all Federal and State requirements concerning fair employment and that it does not and will not discriminate, harass, or retaliate against any employee in connection with performance of any

Contract arising from this solicitation.

G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public contracts; or awarding or administering public contracts; or inspecting or supervising delivery of the public contract of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

By executing this bid, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS

AND CONDITIONS incorporated herein. These documents can be accessed from the Ariba Sourcing Tool.

Failure to execute/sign proposal prior to submittal may render proposal invalid and it MAY BE REJECTED. Late proposals shall not be accepted.

COMPLETE/FORMAL NAME OF VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #21):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER:

VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL:

Department of Adult Correction https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODVkMjMwNjUtNmE3My00OGYxLTg4YWQtZmNkMWI4NjE4OWQx%40thread.v2/0?context=%7b%22Tid%22%3a%227a7681dc-b9d0-449a-85c3-ecc26cd7ed19%22%2c%22Oid%22%3a%227879dc6a-4432-46d0-b99f-665cd437bc76%22%7d

Proposal Number: 52-RFP-1437024364-CCG Vendor: __________________________________________

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VALIDITY PERIOD

Offer shall be valid for at least one hundred twenty (120) days from date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement of the parties in writing. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this RFP.

ACCEPTANCE OF PROPOSAL

If your proposal is accepted, all provisions of this RFP, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed.

FOR STATE USE ONLY: Offer accepted and Contract awarded this________ day of __________, 20____, as indicated on

The attached certification, by ____________________________________________________________________.

(Authorized Representative of Department of Adult Correction)

Ver: 11/2023 3

Contents

1.0 PURPOSE AND BACKGROUND

1.1 BACKGROUND

1.2 CONTRACT TERM

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PROPOSAL DOCUMENT

2.2 E-PROCUREMENT FEE

2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

2.4 RFP SCHEDULE

2.5 PROPOSAL QUESTIONS

2.6 PROPOSAL SUBMITTAL

2.7 PROPOSAL CONTENTS

2.8 ALTERNATE PROPOSALS

2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS

3.1 METHOD OF AWARD

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.3 PROPOSAL EVALUATION PROCESS

3.4 EVALUATION CRITERIA

3.5 PERFORMANCE OUTSIDE THE UNITED STATES

3.6 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

4.1 PRICING

4.2 INVOICES

4.3 FINANCIAL STABILITY

4.4 HUB PARTICIPATION

4.5 VENDOR EXPERIENCE

4.6 REFERENCES

4.7 BACKGROUND CHECKS

4.8 PERSONNEL

4.9 VENDOR’S REPRESENTATIONS

4.10 AGENCY INSURANCE REQUIREMENTS

5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 VENDOR RESPONSIBILITIES

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5.2 QUALIFICATIONS AND REQUIREMENTS OF CLINICIANS PERFORMING SERVICES

5.3 CLINICIAN RESPONSIBILITIES

5.4 DEPARTMENT RESPONSIBILITIES

6.0 CONTRACT ADMINISTRATION

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

6.2 CONTINUOUS IMPROVEMENT

6.3 TRANSITION ASSISTANCE

6.4 DISPUTE RESOLUTION

6.5 CONTRACT CHANGES

6.6 DAC ADDITIONAL TERMS

6.7 ATTACHMENTS

Ver: 11/2023 5

1.0 PURPOSE AND BACKGROUND

The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified Vendors to provide Locum Tenens on an as-needed basis to the Department of Adult Correction (the Department). The State of North Carolina, Department of Adult Correction, Division of Comprehensive Health Services intends to secure multiple contracts for the provision of Locum Tenens statewide to provide clinical services to offenders in the custody and care of the

Department. The purpose of this RFP is to define the Department’s minimum requirements, solicit proposals, and gain adequate information by which the State may evaluate the services offered by potential Vendors. Vendors may bid on all clinician categories listed under Attachment A Cost Proposal or Vendors may bid on one or more individual clinician categories.

1.1 BACKGROUND

The Department utilizes Locum Tenens to provide clinical services at prison facilities located throughout North Carolina to supplement Department staff. Locum Tenens are needed on both a scheduled and as-needed basis. A listing of the current facilities and their addresses may be found on the Internet at https://www.dac.nc.gov/divisions-and-sections/institutions/prison-facilities-regional-offices. The volume of services to be provided pursuant to this RFP will be affected by personnel factors and budgetary constraints. There is no guarantee under this RFP of any minimum or maximum volumes to any awarded Vendor.

The North Carolina Department of Adult Correction, Division of Comprehensive Health Services provides all levels of health services to an average population of 33,000 offenders and admits approximately 20,000 new offenders each year throughout 55 locations across the State.

N.C.G.S. 148-19 mandates that the Department provide healthcare services to offenders, including preventive, diagnostic, and therapeutic services. Therefore, it is important to note that the Department has a responsibility to ensure that employees and/or associated Vendors provide quality health care services. It is the vision of the

Department that offenders receive competent and timely care, irrespective of their crimes.

Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto.

The intent of this solicitation is to award multiple Agency Specific Term Contracts.

1.2 CONTRACT TERM

The Contract shall have an initial term of one (1) year, beginning on May 1, 2025, or the first day of the month following contract execution, whichever is later.

At the end of the Contract’s initial term, the State shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to two (2) additional one-year terms. The State will give the Vendor written notice of its intent to exercise each option no later than thirty (30) days before the end of the Contract’s then-current term. In addition to any optional renewal terms, and with the Vendor’s concurrence, the State reserves the right to extend the Contract after the last active term.

Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto.

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PROPOSAL DOCUMENT

This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference.

https://www.dac.nc.gov/divisions-and-sections/institutions/prison-facilities-regional-offices https://www.dac.nc.gov/divisions-and-sections/institutions/prison-facilities-regional-offices

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2.2 E-PROCUREMENT FEE

ATTENTION: This is an NC eProcurement solicitation facilitated by the Ariba Network. The E-Procurement fee may apply to this solicitation. See the paragraph entitled ELECTRONIC PROCUREMENT of the North Carolina General Terms and Conditions.

General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/.

What is the Ariba Network?

The Ariba Network is a web-based platform that serves as a connection point for buyers and vendors. Vendors can log in to the Ariba Network to view purchase orders, respond to electronic requests for quotes, participate in Sourcing

Events, and collaborate with buyers on contract documents.

For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site:

http://eprocurement.nc.gov/training/vendor-training.

2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

It shall be the Vendor’s responsibility to read the Instructions to Vendors, the North Carolina General Terms and

Conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

If Vendors have questions, issues, regarding any component of this RFP, those must be submitted as questions in accordance with the instructions in the PROPOSAL QUESTIONS Section. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum.

The State may also elect to leave open the possibility for later negotiation of specific provisions of the Contract that have been addressed during the question-and-answer period, prior to contract award.

Other than through the process of negotiation under 01 NCAC 05B.0503, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s proposal or otherwise.

This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s proposal shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above).

The State may exercise in its discretion to consider Vendor proposed modifications. By execution and delivery of this

RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded unless expressly agreed upon through negotiations and incorporated by way of a Best and Final Offer (BAFO). Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s proposal as nonresponsive.

2.4 RFP SCHEDULE

The table below shows the intended schedule for this RFP. The State will make every effort to adhere to this schedule.

http://eprocurement.nc.gov/

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Event Responsibility Date and Time

Issue RFP State February 13, 2025

Submit Written Questions Vendor February 24, 2025, by 3:00 PM ET

Provide Response to Questions State February 27, 2025

Submit Proposals Vendor March 10, 2025, by 2:00 PM ET

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2.5 PROPOSAL QUESTIONS

Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the “Submit Written Questions” date and time provided in the RFP SCHEDULE Section above, unless modified by

Addendum.

Questions related to the content of the solicitation, or the procurement process should be directed to the person on the title page of this document via the Sourcing Tool's message board by the date and time specified in the RFP

SCHEDULE Section of this RFP. Vendors will enter “RFP # 52-RFP-1437024364-CCG– Questions” as the subject of the message. Question submittals should include a reference to the applicable RFP section. This is the only manner in which questions will be received.

Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help

Desk at 888-211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM ET to

5:00 PM ET.

Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the Sourcing Tool in the form of an addendum and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding.

Vendors shall rely only on written material contained in the RFP and an addendum to this RFP.

2.6 PROPOSAL SUBMITTAL

IMPORTANT NOTE: This is an absolute requirement. Late bids, regardless of cause, will not be opened or considered, and will be automatically disqualified from further consideration. Vendor shall bear the sole risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its proposal has been received as described in this RFP by the specified time and date of opening. Failure to submit a proposal in strict accordance with https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODVkMjMwNjUtNmE3My00OGYxLTg4YWQtZmNkMWI4NjE4OWQx%40thread.v2/0?context=%7b%22Tid%22%3a%227a7681dc-b9d0-449a-85c3-ecc26cd7ed19%22%2c%22Oid%22%3a%227879dc6a-4432-46d0-b99f-665cd437bc76%22%7d tel:+19842041487,,756484761 https://dialin.teams.microsoft.com/c102d528-0544-4660-b869-294e85047e28?id=756484761 https://www.webex.com/msteams?confid=1157069742&tenantkey=ncgov&domain=m.webex.com

Ver: 11/2023 8 instructions provided shall constitute sufficient cause to reject a Vendor’s proposal(s). Solicitation responses are subject to Sealed Bidding requirements.

Vendor’s proposals for this procurement must be submitted through the Sourcing Tool. For training on how to use the

Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the

State, Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training

Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help

Desk at 888-211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM EST to

5:00 PM EST.

Tips for Using the Sourcing Tool

1. Vendors should review available training and confirm that they are able to access the Sourcing Event, enter responses, and upload files well in advance of the date and time response are due to allow sufficient time to seek assistance from the North Carolina eProcurement Help Desk.

2. Vendors may submit their responses early to make sure there are no issues, and then submit a revised response any time prior to the response due date and time. The State will only review the most recent response.

3. Vendors should respond to all relevant sections of the Sourcing Event. Certain questions or items are required in order to submit a response and are denoted with an asterisk. The Sourcing Tool will not allow a response to be submitted unless all required items are completed. The Sourcing Tool will provide error messages to help identify any required information that is missing when response is submitted.

4. Simply saving your response in the Sourcing Tool is not the same as submitting your response to the State.

Vendors should make sure they complete the submission process and receive a message that their response was successfully submitted.

5. Only Proposals submitted through the Content Section of the Ariba Sourcing Event will be considered.

Proposals submitted through the Message Board will not be accepted or considered for award.

If confidential and proprietary information is included in the proposal, also submit one (1) signed, REDACTED copy of the proposal. Such information may include trade secrets defined by N.C. Gen. Stat. § 66-152 and other information exempted from the Public Records Act pursuant to N.C. Gen. Stat. §132- 1.2. Vendor may designate information, Products, Services or appropriate portions of its response as confidential, consistent with and to the extent permitted under the statutes and rules set forth above. By so redacting any page, or portion of a page, the

Vendor warrants that it has formed a good faith opinion, having received such necessary or proper review by counsel and other knowledgeable advisors, that the portions determined to be confidential and proprietary and redacted as such, meet the requirements of the Rules and Statutes set forth above. However, under no circumstances shall price information be designated as confidential.

If the Vendor does not provide a redacted version of the proposal with its proposal submission, the Department may release an unredacted version if a record request is received.

2.7 PROPOSAL CONTENTS

Vendors shall provide responses to all questions and complete all attachments for this RFP that require the Vendor to provide information and upload them to the Sourcing Event in the Sourcing Tool. Vendor may not be able to submit its response in the Sourcing Tool unless all required items are addressed. Vendors shall provide authorized signatures where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the

State rejecting Vendor’s proposal, in the State’s sole discretion.

https://eprocurement.nc.gov/training/vendor-training

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Vendor shall include the following items and attachments in the Sourcing Tool:

a) Completed and signed version of all EXECUTION PAGES, along with the body of the RFP.

b) Signed receipt pages of any addenda released in conjunction with this RFP, if required to be returned.

c) Vendor’s Proposal addressing all Specifications of this RFP to include required information in Section 4.5.

d) Completed version of ATTACHMENT A: COST PROPOSAL

e) Completed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

f) Completed version of ATTACHMENT E: CUSTOMER REFERENCE FORM

g) Completed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

h) Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

i) Completed and signed version of ATTACHMENT H: ALCOHOL/DRUG-FREE WORKPLACE POLICY

j) ATTACHMENT I: CRIMINAL HISTORY RECORD CHECK

2.8 ALTERNATE PROPOSALS

Unless provided otherwise in this RFP, Vendor may submit alternate proposals for comparable Goods, various methods or levels of Service(s), or that propose different options. Alternate proposals must specifically identify the RFP requirements and advantage(s) addressed by the alternate proposal. Each proposal must be for a specific set of Goods and Services and must include specific pricing. Each proposal must be complete and independent of other proposals offered. If a Vendor chooses to respond with various offerings, Vendor shall follow the specific instructions for uploading Alternate Proposals in the Sourcing Tool.

2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

Relevant definitions for this RFP are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found in the Sourcing Tool, which are incorporated herein by this reference.

The following definitions, acronyms, and abbreviations are also relevant to this RFP:

A. CLINICIAN: A medical doctor, doctor of osteopathy, dentist, psychiatrist, family nurse practitioner/physician’s assistant, social worker, licensed clinical social worker (LCSW) or psychologist provided as an independent contractor by the Vendor.

B. CVO: Credential Verification Officer

C. DAC: Department of Adult Correction

D. DCI: Division of Criminal Information

E. DEPARTMENT: Department of Adult Correction

F. HERO: The acronym for the Department’s electronic medical health records system.

E. OFFENDER: An individual in the custody and care of the Department; or inmate.

F. ON-CALL: When a Clinician is directed to be in a standby capacity for telephone only call back responsibility for the provider from 5pm – 8am, Monday – Sunday (7-days a week). Clinician is not required to return to the work site unless circumstances warrant.

G. ON SITE: Physically present at an assigned Departmental facility.

H. PPD: Purified protein derivative (tuberculin).

I. PREA: Prison Rape Elimination Act: The Prison Rape Elimination Act of 2003 was enacted by Congress to address the problem of sexual abuse and sexual harassment of persons in the custody of U.S. correctional

Ver: 11/2023 10 agencies. The Act applies to all public and private institutions that house Offenders, juveniles, and is also relevant to community-based agencies.

J. PULHEAT: a functional assessment tool for Physical stamina, Upper extremities, Lower extremities, Hearing

(ears), Eyes (vision), Activity grade and Transportation.

K. SERVICES or SERVICE DELIVERABLES: The tasks and duties undertaken by the Vendor to Fulfill the requirements and specifications of this solicitation.

3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS

3.1 METHOD OF AWARD

North Carolina G.S. 143-52 provides a general list of criteria the State shall use to award contracts, as supplemented by the additional criteria herein. The Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest. All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the specific RFP Specifications and achieving the highest and best final evaluation, based on the criteria described below.

While the intent of this RFP is to award a Contract(s) to multiple Vendors, the State reserves the right to make separate awards to different Vendors for one or more line-items, to not award one or more line-items or to cancel this RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so.

The State reserves the right to waive any minor informality or technicality in proposals received.

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

While this RFP is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See Paragraph 29 of the

Instructions to Vendors entitled COMMUNICATIONS BY VENDORS.

Each Vendor submitting a proposal to this RFP, including its employees, agents, subcontractors, suppliers, subsidiaries and affiliates, is prohibited from having any communications with any person inside or outside the using agency; issuing agency; other government agency office or body (including the purchaser named above, any department secretary, agency head, members of the General Assembly and Governor’s office); or private entity, if the communication refers to the content of Vendor’s proposal or qualifications, the content of another Vendor’s proposal, another Vendor’s qualifications or ability to perform a resulting contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals, the award of a contract, or both.

Any Vendor not in compliance with this provision shall be disqualified from evaluation and award. A Vendor’s proposal may be disqualified if its subcontractor and/or supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement until the date of contract award or cancellation of the procurement). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or inquiries directed to the purchaser named in this RFP regarding requirements of the RFP (prior to proposal submission) or the status of the award (after submission) are excepted from this provision.

3.3 PROPOSAL EVALUATION PROCESS

Only responsive submissions will be evaluated.

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The State will conduct a One-Step evaluation of Proposals:

Proposals will be received according to the method stated in the Proposal Submittal Section above.

All proposals must be received by the issuing agency not later than the date and time specified in the RFP SCHEDULE

Section above, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State.

At the date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum, the proposal from each responding Vendor will be opened publicly and all offers (except those that have been previously withdrawn, or voided bids) will be tabulated. The tabulation shall be made public at the time it is created. When negotiations after receipt of bids are authorized pursuant to G.S. 143-49 and 01 NCAC 05B.0503, only the names of offerors and the Goods and Services offered shall be tabulated at the time of opening. If negotiation is anticipated, cost and price shall become available for public inspection at the time of the award. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position.

At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor.

3.4 EVALUATION CRITERIA

In addition to the general criteria in G.S. 143-52 which may or may not be relevant to this RFP, all qualified proposals will be evaluated, and award made based on considering the following criteria, to result in an award most advantageous to the State:

BEST VALUE: "Best Value" procurement methods are authorized by N.C.G.S. §§143-135.9 and 143B-1350(h). The award decision is made based on multiple factors, including: total cost of ownership, meaning the cost of acquiring, operating, maintaining, and supporting a product or service over its projected lifetime; the evaluated technical merit of the Vendor's offer; the Vendor's past performance; and the evaluated probability of performing the specifications stated in the solicitation on time, with high quality, and in a manner that accomplishes the stated business objectives and maintains industry standards compliance. The intent of "Best Value" procurement is to enable Vendors to offer and the Agency to select the most appropriate solution to meet the business objectives defined in the solicitation and to keep all parties focused on the desired outcome of a procurement.

A ranking method of source selection will be utilized in this procurement using evaluation criteria listed in order of importance in the Evaluation Criteria section below to allow the State to award this RFP to the Vendor(s) providing the

Best Value and recognizing that Best Value may result in award other than the lowest price or highest technically qualified offer. By using this method, the overall ranking may be adjusted up or down when considered with, or traded-off against, other non-price factors.

EVALUTION METHOD: Narrative and by consensus of the evaluating committee, explaining the strengths and weaknesses of each proposal and why the recommended awardee(s) provide the best value to the State.

All qualified proposals will be evaluated, and award made based on considering the following criteria listed in descending order of importance, to result in an award most advantageous to the State:

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1. Vendor Experience (Section 4.5)

2. Total cost to the State (ATTACHMENT A: COST PROPOSAL)

3.5 PERFORMANCE OUTSIDE THE UNITED STATES

Vendor shall complete ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State:

a) Total cost to the State

b) Level of quality provided by the Vendor

c) Process and performance capability across multiple jurisdictions

d) Protection of the State’s information and intellectual property

e) Availability of pertinent skills

f) Ability to understand the State’s business requirements and internal operational culture

g) Particular risk factors such as the security of the State’s information technology

h) Relations with citizens and employees

i) Contract enforcement jurisdictional issues

3.6 INTERPRETATION OF TERMS AND PHRASES

This RFP serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the

State; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the State will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the State’s needs as described in the RFP. Except as specifically stated in the RFP, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the State exercising its discretion to reject a proposal in its entirety.

4.0 REQUIREMENTS

This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements, and terms and conditions stated in this

RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the State to receive a better proposal, the Vendor is urged to submit these items in the form of a question during the question-and-answer period in accordance with the Proposal Questions Section above.

4.1 PRICING

Proposal price shall constitute the total cost to the State for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, transportation, administrative and other similar fees. Complete ATTACHMENT A: COST PROPOSAL and upload in the Sourcing Tool. The pricing provided in ATTACHMENT A, or resulting from any negotiations, is incorporated herein and shall become part of any resulting Contract.

Vendor may bid on all Clinician Categories listed in ATTACHMENT A or may bid only on one or more individual Clinician Categories. Vendors must provide an hourly rate for On-Site Hourly Rate, On-Call Hourly Rate Weekday, Ver: 11/2023 13

On-Call Hourly Rate Weekend and Telehealth Hourly Rate for each Clinician Category they bid on in order to qualify for an award in that Clinician Category.

4.2 INVOICES

a. Invoices shall bear the correct purchase order number to ensure prompt payment. The Vendor’s failure to include the correct purchase order number may cause delay in payment.

b. Invoices shall include an accurate description of the work for which the invoice is being submitted, the invoice date, the period of time covered, and the amount of fees due to the Vendor.

c. The Vendor shall submit invoices weekly.

d. Invoices shall be submitted to:

NC Department of Adult Correction Controller 5220 Mail Service Center Raleigh, NC 27699-5220

4.3 FINANCIAL STABILITY

As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue to perform its obligations under the Contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this

Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction.

Each Vendor shall certify it is financially stable by completing ATTACHMENT G: CERTIFICATION OF FINANCIAL

CONDITION. The State is requiring this certification to minimize potential issues from contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the

State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. The Contract Manager may require annual recertification of the Vendor’s financial stability.

4.4 HUB PARTICIPATION

Pursuant to North Carolina General Statute G.S. 143-48, it is State policy to encourage and promote the use of small, minority, physically handicapped, and women contractors in purchasing Goods and Services. As such, this RFP will serve to identify those Vendors that are minority owned or have a strategic plan to support the State’s Historically

Underutilized Business program by meeting or exceeding the goal of 10% utilization of diverse firms as 1st or 2nd tier subcontractors. Vendor shall complete ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION.

4.5 VENDOR EXPERIENCE

In its Proposal, Vendor shall demonstrate a minimum of three (3) years of experience with public and/or private sector clients with similar or greater size and complexity to the State. Vendor shall also demonstrate a minimum of three (3) years of providing locum tenens staffing in a correctional setting. Vendor shall submit a detailed narrative that specifies both the experience of the organization itself and the experience/qualifications of key Vendor personnel who are proposed to manage the work under the contract.

Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person.

Ver: 11/2023 14

4.6 REFERENCES

Vendor shall upload to the Sourcing Tool at least three (3) references, using ATTACHMENT E: CUSTOMER REFERENCE

FORM, for which it has provided Services of similar size and scope to those proposed herein. The State may contact these users to determine whether the Services provided are substantially similar in scope to those proposed herein and whether Vendor’s performance has been satisfactory. The information obtained may be considered in the evaluation of the Proposal.

4.7 BACKGROUND CHECKS AND CREDENTIALING

The Department shall require all clinicians who are approved to work in the Department’s facilities to undergo a local background check (DCI) and credentialing/privileging review BEFORE they are to report to their assigned work location.

This will be managed by the Department utilizing the clinician completed DCI Request Form (ATTACHMENT I). All clinicians who are forwarded to the Credential Verification Officer (CVO) for credentialing will also complete a DCI Request Form but will only report to the assigned facility upon notification of credentialing completion and approval.

This information will be forwarded to:

Sarah M. Norman Credential Verification Officer North Carolina Department of Adult Correction Division of Comprehensive Health Services Mobile: 919-219-0874 Email: sarah.norman@dac.nc.gov

The vendor shall include copies of all supporting documentation for the credentialing for each Clinician at the time the candidates’ names are submitted to the Department, to include the following:

1. Official transcript with degree from an approved/accredited medical school

2. Verification of at least one year post graduate training

3. State licensure

4. Current C.V.

5. Federal Drug Enforcement Administration certificate

6. Malpractice liability insurance

7. Criminal record check (Convicted felons may not be allowed to enter any prison)

4.8 PERSONNEL

Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner.

“Professional manner” means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor will serve as the prime contractor under this

Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the State. Names of any third-party Vendors or subcontractors of Vendor may appear for purposes of convenience in

Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s).

Should the Vendor’s proposal result in an award, the Vendor shall be required to agree that it will not substitute key personnel assigned to the performance of the Contract without prior written approval by the Contract Lead. Vendor shall further agree that it will notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. The Department will approve or disapprove the requested substitution in a timely manner. The Department may, in its sole discretion, terminate the Services of any person mailto:sherrie.kappa@dac.nc.gov

Ver: 11/2023 15 providing Services under this Contract. Upon such termination, the State may request acceptable substitute personnel or terminate the contract Services provided by such personnel.

Clinicians are responsible for following applicable DAC facility policies. In addition to the right to terminate the services of any Clinician providing services under this Contract, the Department shall have the right in its sole discretion to deny any Clinician from access to its facilities and/or patient population.

Client Offer of Employment to Contract Employee: Should the Department reject any person presented by the Vendor as a Clinician for a position, then the Department agrees that for a period of twelve (12) months after the first date of introduction/presentation to the Department or from the date the Clinician was terminated, whichever is later, the

Department will not hire the rejected Clinician for any reason for the same or similar position.

4.9 VENDOR’S REPRESENTATIONS

If Vendor’s Proposal results in an award, Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the

Service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such Service, they will be deemed to be implied by and included within the scope of the Contract to the same extent and in the same manner as if specifically described in the Contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecom-munications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and/or other Deliverables.

4.10 AGENCY INSURANCE REQUIREMENTS

A. Default Insurance Coverage from the General Terms and Conditions applicable to this Solicitation:

☐ Small Purchases

☐ Contract value in excess of the Small Purchase threshold, but up to $1,000,000.00

☒ Contract value in excess of $1,000,000.00

5.0 SPECIFICATIONS AND SCOPE OF WORK

Vendors responding to this RFP shall meet the following minimal requirements, in addition to the terms and conditions outlined in this RFP.

5.1 VENDOR RESPONSIBILITIES

A. Credentialing of Personnel Providing Services:

Vendor agrees to conduct internal credentialing activities for Clinicians who will furnish services, to the extent and to the same standards as are usually and customarily applied within the medical profession, consistent with the nature of the services rendered. Vendor agrees to adhere to the standards of the National Committee for Quality Assurance (NCQA), provisions of The Joint Commission and any applicable Statutes, Administrative

Codes, and Federal & State Regulations in the performance of the credentialing and privileging function. If the Vendor’s credentialed Clinicians medical license is suspended, encumbered, or revoked, Vendor shall

Ver: 11/2023 16 remove this clinician from providing services under this Contract. Vendor shall make best efforts for the continuation of services under this Contract with replacement of the Clinician.

B. Candidate Request and Submission:

The Department will submit a request to all Awarded Vendors to supply one or more Clinicians on an as-needed basis, giving as much advance notice to the Vendor as reasonably possible. Requests shall be placed in writing, by email, and will contain the start date, location of service, and the type of Clinician needed. The Vendor shall submit names of available candidates to the Department. As the names of candidates are received, the

Department will begin interviewing candidates on a first come first serve basis. The Department will make every effort to approve candidates resulting in the least cost as possible to the Department. Specific information pertinent to the placement of the Clinician will be provided by the Department at the time of the

Clinician interview. The Department will notify the Vendor after the Clinician interview of its intention to approve or disapprove the placement of the Clinician.

The Vendor shall include copies of all supporting documentation for the credentialing for each Clinician at the time the candidates’ names are submitted to the Department, to include the following:

1. Official transcript with degree from an approved/accredited medical school

2. Verification of at least one year post graduate training

3. State licensure

4. Current C.V.

5. Federal Drug Enforcement Administration certificate

6. Malpractice liability insurance

7. Criminal record check (Convicted felons may not be allowed to enter any prison)

C. The Vendor shall maintain up-to-date records of immunizations and annual tests results for the Clinicians working under this Contract. Evidence of compliance to this requirement shall be received by the Director of

Health Administration or designee within 10 days of notice. Clinicians updated records shall be sent to the

CVO.

D. Pre-Approval of Personnel: All Clinicians furnished by the Vendor for work under this Contract shall be pre-approved by the Department. The Vendor agrees not to make arrangements to have another Clinician provide “alternate” staffing without first obtaining the Department’s approval. Convicted felons may not be allowed to enter any prison facility.

E. Maintenance of License and Insurance:

If the Vendor's credentialed Clinician’s or Non-Credentialed Clinician’s license or malpractice insurance is suspended, encumbered or revoked, Vendor shall remove such Clinician from providing services under this

Contract and shall immediately notify the Medical Director/Designee of the event. Such notification shall be in writing (email is sufficient) and within twenty-four (24) hours of the event. Failure to notify the Department may result in Contract termination. Vendor shall make best efforts for the continuation of services under this

Contract with replacement of the Clinician.

F. Alcohol/Drug-Free Workplace:

Vendor understands that a Clinician’s use of alcohol or narcotic drugs while on duty is prohibited and that this may be grounds for contract termination. The Department’s Alcohol/Drug Free Workplace Policy is outlined

Ver: 11/2023 17 in ATTACHMENT H. Vendor certifies that he/she has received and reviewed a copy of The Department of Adult Correction’s Alcohol/Drug Free Workplace Policy and understands:

1. The requirement to notify the Medical Director/Designee and Prison Superintendent immediately upon arrest or conviction for any related offense;

2. Possession, use, manufacture, or distribution of illegal drugs or alcohol in violation of this policy shall result in immediate termination for cause.

G. The Vendor shall provide Insurance as described in ATTACHMENT C: NORTH CAROLINA GENERAL TERMS AND CONDITIONS, item number 15, Insurance. The vendor shall provide Certificate of Insurance (COI) for clinicians selected to fill a vacant position. COI shall be forwarded to the Credential Verification Officer (CVO) listed under Item 4.7 and must include clinician’s name and work location address. If clinician is working at multiple locations, the following address may be used: 831 W. Morgan Street, Raleigh, NC 27603.

H. The Vendor may advertise on social media, the internet, newspapers, etc., for vacant positions. Vendors may use the term “Correctional Facility,” the city the facility is located in, and the type of Clinician needed in the advertisement. However, there shall be no mention of the State of North Carolina or Department of Adult Correction in the advertisement, nor shall the use of the existence of this Contract or the name of the State of North Carolina be used as part of any commercial advertising or marketing of products or services. Please see Attachment C: North Carolina General Terms and Conditions, Item number 12. Advertising.

I. Monthly Assignment Status Reports:

The Vendor shall provide a Monthly Assignment Report to the designated DAC Division of Comprehensive Health Services representative.