5295-0 final S-10000-00001833~1.pdf

RFA OregonBuys Bid Number S-10000-00001833 – (ODHS-5295-21)

RFA ODHS-5295-21 final RFA Document Page 1 of 63

STATE OF OREGON

COVER PAGE

Oregon Department of Human Services

Office of Child Welfare Programs – Treatment Services

Request for Applications (RFA)

OregonBuys Bid Number S-10000-00001833

(ODHS-5295-21)

CHILD CARING AGENCY (CCA) PROCTOR RESPITE CARE SERVICES

Date of Issue: January 25, 2022

Closing Date and Time: Opened Continuously Until

January 25, 2023, 3:00 PM

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

In compliance with the Americans with Disabilities Act, this document is available in alternate formats such as Braille, large print, audio recordings, Web-based communications and other electronic formats. To request an alternate format, please send an e-mail to dhs-oha.publicationrequest@state.or.us or call 503-378-3486 (voice) or 503- 378-3523 (TTY) to arrange for the alternative format.

mailto:dhs-oha.publicationrequest@state.or.us

RFA ODHS-5295-21 final RFA Document Page 2 of 63

TABLE OF CONTENTS

GENERAL INFORMATION

1.1 INTRODUCTION

1.2 RFA POINTS OF CONTACT

1.3 RFA SCHEDULE

AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW

2.4 SCOPE OF WORK

APPLICATION PACKET REQUIREMENTS AND SUBMISSION

3.1 MINIMUM APPLICANT REQUIREMENTS

3.2 SUBMISSION REQUIREMENTS

APPLICATION PROCESS

4.1 PUBLIC NOTICE

4.2 QUESTIONS/REQUESTS FOR CLARIFICATION

4.3 APPLICATION SUBMISSION

4.4 MODIFICATION OR WITHDRAWAL

4.5 APPLICATION DUE DATE

4.6 APPLICATION PACKET PUBLIC OPENING

4.7 APPLICATION PACKET REJECTION

4.8 APPLICATION REVIEW AND ACCEPTANCE

4.9 APPLICATION ACCEPTANCE AND EVALUATION

AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 APPARENT SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS

5.3 CONTRACT NEGOTIATION

5.4 CONTRACTOR SELECTION METHODOLOGY

ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

6.3 CANCELLATION OF RFA; REJECTION OF APPLICATION PACKET; NO DAMAGES

6.4 COST OF SUBMITTING AN APPLICATION PACKET

6.5 RECYCLABLE PRODUCTS

6.6 CONTRACTUAL OBLIGATION

6.7 CHECKLIST DISCLAIMER

ATTACHMENTS

7.1 ATTACHMENT A – SAMPLE CONTRACT

7.2 ATTACHMENT B – APPLICANT INFORMATION AND CERTIFICATION SHEET

7.3 ATTACHMENT C – APPLICATION FORM

7.4 ATTACHMENT D – CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

7.5 ATTACHMENT E – RESPONSIBILITY INQUIRY

RFA ODHS-5295-21 final RFA Document Page 3 of 63

GENERAL INFORMATION

1.1 INTRODUCTION

1.1.1 The State of Oregon, acting by and through the Oregon Department of Human Services (ODHS), Office of Child Welfare Programs (Child Welfare), is issuing this Request for Applications (RFA), under the provisions of ORS 279B.060, from qualified Applicants to provide planned and/or respite support and services (“Services”). Child Welfare is broadening the continuum of planned and crisis Respite Care Services to help stabilize Children and young adults and prevent them from entering into higher levels of care by maintaining their current placement. Specifically, Child Welfare seeks to support Children and young adults of all genders between the ages of 5-17 who:

1.1.1.1 Are living in a familial setting, such as:

1.1.1.1.1 Resource care

1.1.1.1.2 In Home with parents, legal guardians or adoptive family

1.1.1.2 Placed in a Behavioral Rehabilitation Services (BRS) setting, such as:

1.1.1.2.1 BRS Residential type of care

1.1.1.2.2 BRS Proctor type of care

1.1.1.3 Additional information on the CCA Proctor Respite Care Services is provided in this RFA in subsection 2.4 “Scope of Work”.

1.1.1.4 ODHS anticipates the award of multiple Contracts to qualified Applicants from this RFA. The initial term of the Contract(s) is anticipated to be until December 31, 2022 with the potential to renew based on respite service needs.

1.1.1.5 All persons or firms applying are referred to as Applicants in this RFA;

after execution of a Contract, the awarded Applicant(s) will be designated as Contractor.

1.1.1.6 Qualified Applicants must complete all listed requirements identified in this RFA to submit an Application.

RFA ODHS-5295-21 final RFA Document Page 4 of 63

1.2 RFA POINTS OF CONTACT

Procurement and Contract Documents: Program and Application:

Kevin Tolson Ahnjene Boleyn Oregon Department of Human Services Oregon Department of Human Services Office of Contracts and Procurement Office of Child Welfare Programs, Treatment Services 635 Capitol Street NE, Suite 350 500 Summer Street NE, E-77 Salem, OR 97301 Salem, OR 97301 Telephone: 971-374-3508 Telephone: 971-701-1763 E-mail: Kevin.Tolson@dhsoha.state.or.us E-mail: Ahnjene.Boleyn@dhsoha.state.or.us

All communications with ODHS concerning this RFA must be directed only to the Procurement and Contract Documents, Point of Contact (POC), Kevin Tolson. Any contact regarding this RFA with other State employees or officials may result in inaccurate information and delay of Application processing. Any oral communications will be considered unofficial and non-binding. The OregonBuys system will be used to distribute all information regarding this RFA. Any additional information received in writing from the POC, and when allowed, the “Program and Application Status” Contact, is also considered official.

1.3 RFA SCHEDULE

1.3.1 Application Packets will be received until the Closing date and time as referenced on the cover page of this RFA. Application Packets received after the Closing date and time shall be deemed late and will not be considered for evaluation.

1.3.2 The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFA.

Event Date Time

RFA Opens January 25, 2022 N/A

Questions / Requests for Clarification Due First Tuesday of each Month

3:00 PM

Application Due Last Thursday of each Month

3:00 PM

Opening of Application Last Thursday of each Month

3:00 PM

Evaluation Approximately 7 days from Opening of Application

RFA Closing See RFA cover page mailto:Kevin.Tolson@dhsoha.state.or.us

RFA ODHS-5295-21 final RFA Document Page 5 of 63

AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.1.1 ODHS is issuing this RFA pursuant to the authority under OAR 125-246- 0170(2)(d)(E) and 125-247-0288(2).

2.2 DEFINITION OF TERMS

2.2.1 For the purposes of this RFA, excluding Attachment A, “Sample Contract”, capitalized words will refer to the following definitions. Capitalized terms not specifically defined in this document may be defined in OAR 125-246-0110.

2.2.1.1 “Age-Appropriate or Developmentally-Appropriate Activities” means activities or items that are generally accepted as suitable for Children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a Child, based on the development of cognitive, emotional, physical, and behavioral and social capacities that are typical for an age or age group. In the case of a specific Child, Age- Appropriate or Developmentally-Appropriate activities means activities or items that are suitable for the Child based on the developmental stages attained by the Child with respect to the cognitive, emotional, physical, behavioral and social capacities of the Child.

2.2.1.2 “Applicant” is a potential Contractor who submits an Application pursuant to this RFA with the goal of entering into a Contract with ODHS for the provision of CCA Proctor Respite Care Services. ODHS will review and evaluate the Applications from Applicants that can provide CCA Proctor Respite Care Services.

2.2.1.3 “Application” or “Application Packet” means a written response submitted to ODHS in response to this RFA, containing all the documents described herein, to be considered for a Contract. The Application Packet submission requirements are found in Section 3, “Application Packet Requirements and Submission”.

2.2.1.4 “Caseworker” means the ODHS individual who coordinates the Services and placement-related activities for the Client with the Contractor.

2.2.1.5 “Certified Resource Family” means an individual or individuals who hold a current Certificate of Approval from the Department to operate a home to provide care, in the home in which the individual or individuals reside, to a Child or young adult in the care or custody of the Department.

2.2.1.6 “Child” or “Child(ren)” means an individual(s) under 21 years old. Also referred to as “Client”.

2.2.1.7 “Child Caring Agency” means a licensed care facility as defined in ORS 418.205.

RFA ODHS-5295-21 final RFA Document Page 6 of 63

2.2.1.8 “Child Welfare or Office of Child Welfare Programs” means a Program office within the Oregon Department of Human Services.

2.2.1.9 “Closing” means the date and time specified on the Cover Page of this RFA as the deadline for submitting Application Packets.

2.2.1.10 “Contract” means a Contract awarded because of this RFA.

2.2.1.11 “Contractor” means the entity contracted with ODHS to be responsible for providing Services to the Client. The Contractor may also be the Provider if they provide direct Services and placement-related activities to the Client.

2.2.1.12 “Culturally-Sensitive Approach” means to enhance practices with culturally appropriate strategies through the knowledge and interpersonal skills that allow the Provider to understand, appreciate, engage, and work with individuals from their culture’s perspective.

2.2.1.13 “Digital Signature” means a certificate-based electronic signature that is password protected, identifies the Authorized Representative, and authenticates the document. The Digital Signature must include credentials of the Authorized Representative next to it to include, but not limited to, printed name, title, and the date the Digital Signature was used.

Examples of allowed Digital Signatures with the above completed criteria includes Adobe cloud signatures from Adobe Sign and Docusign. Examples of electronic signatures that are not allowable forms for Digital Signatures include, but not limited to, stamps, hand-typed, Microsoft Word, and Adobe typing or drawing.

2.2.1.14 “Gender-Responsive Approach” means integrating those things that intentionally allow gender identity and development to affect and guide Services and service delivery in order to create an environment (physical, social, emotional) that is responsive to the issues and needs of the Client.

2.2.1.15 “In Home” means a Child is living with their biological parents or legal caregivers such as through a guardianship or adoption.

2.2.1.16 “Provider” means the individual or individuals who are providing direct service to the Child.

2.2.1.17 “Respite Care” means a formally planned or crisis-support arrangement to relieve a primary caregiver’s responsibilities by an individual temporarily assuming responsibility for the care and supervision of the Child.

2.2.1.18 “Respite Plan” means the written individualized goal-driven Services plan developed by the Child’s team, which identifies the Services that will be provided. This can be included as part of a larger Treatment or Service Plan or can be a stand-alone document.

2.2.1.19 “RFA” means Request for Application.

RFA ODHS-5295-21 final RFA Document Page 7 of 63

2.2.1.20 “Services” means the required activities, tasks, deliverables, reporting and invoicing requirements, as described in Section 2.4, “Scope of Work” of this RFA and in Exhibit A, Parts 1 and 2 of the Sample Contract (Attachment A).

2.2.2 Special Definitions for Interpreting EO 21-19 Obligations. The following definitions are from EO 21-19 as it may be amended. These definitions are for reference only and Applicants should refer to the EO 21-29 for current definitions.

2.2.2.1 “EO 21-29” means Governor of the State of Oregon’s Executive Order 21- 29 as may be amended, https://www.oregon.gov/gov/Documents/executive_orders/eo_21- 29.pdf.

2.2.2.2 “FAQ” means the “Executive Order 21-29 Vaccination Requirements for State Contractors Contractor Frequently Asked Questions” as may be amended, https://www.oregon.gov/das/Procurement/Documents/ExecutiveOrder 21-29_ContractorFAQ.pdf.

2.2.2.3 For interpretation of provisions relating to EO 21-19:

2.2.2.3.1 The terms "Executive Branch," "COVID-19," "Fully Vaccinated," "Proof of Vaccination," "Employee," and "Worker" have the meanings defined in EO 21-19.

2.2.2.3.2 The term “Worksite” has the meaning defined in the FAQ.

2.3 OVERVIEW

2.3.1 Research has demonstrated that Respite Care Services can: improve family functioning; prevent placement disruptions; help caregivers meet their Children’s special needs; improve caregivers’ positive attitude toward their Children among many other benefits related to the well-being of both the family and Child receiving Respite Care Services. This RFA is a step toward expanding a Respite Care model for Children served by ODHS Child Welfare.

Structured Respite Care options would allow both Children and their current Providers to get relief required to maintain placement. Families and Children need timely access to Respite Care Services that can meet the complex needs of those involved in ODHS care.

2.3.2 There are two types of Respite Care Services that ODHS is seeking to contract for. Primarily, ‘basic diversion respite’ is for Children In Home or placed in a Certified Resource Family demonstrating behaviors that may indicate a need for a Behavioral Rehabilitation Services (BRS) placement if support is not provided. The goal of Respite Care is to prevent disruption into a BRS level of care. The second type of Respite Care service, ‘proctor stabilization respite’ is for Children currently placed in a BRS program (either residential facility or proctor home) needing time away from the milieu to support stability and ongoing engagement in treatment. Within each type of Respite Care service, both planned and crisis Respite Care support is requested. The goal of planned https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf file://///dhs.sdc.pvt/Root/Offices/Salem%20(500%20Summer%20St)/PROCURE/TEMPLATES,%20SAMPLES/4-Clauses%20&%20Alternate%20Language/EO%2021-29%20Provisions%20for%20Kts%20and%20Sol/a.For%20purposes%20of%20this%20Section,%20capitalized%20words%20are%20defined%20in%20EO%2021-29,%20as%20amended,%20https:/www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf%20or%20as%20defined%20in%20the file://///dhs.sdc.pvt/Root/Offices/Salem%20(500%20Summer%20St)/PROCURE/TEMPLATES,%20SAMPLES/4-Clauses%20&%20Alternate%20Language/EO%2021-29%20Provisions%20for%20Kts%20and%20Sol/a.For%20purposes%20of%20this%20Section,%20capitalized%20words%20are%20defined%20in%20EO%2021-29,%20as%20amended,%20https:/www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf%20or%20as%20defined%20in%20the

RFA ODHS-5295-21 final RFA Document Page 8 of 63 overnight Respite Care is to give the caregiver and Child intentional breaks from each other to avoid burn out so the placement can be supported and maintained. The goal of crisis Respite Care is to give the Child the space needed to de-escalate, gain perspective, and work on making better behavioral choices in order to maintain the safety and security of the Child, placement, and community.

2.4 SCOPE OF WORK

2.4.1 Referral and Response. Contractor will be expected to: provide crisis respite within 24 hours of referral. The Contractor shall respond to referral as soon as possible, and no later than within 4 hours of receiving referral. Contractor shall respond to planned respite requests within 5 days of referral. Decisions shall be communicated at a minimum in writing and kept in Contractor’s files.

For proctor stabilization respite, referrals can only be accepted through Treatment Services Residential Resource Consultants.

2.4.2 Location and Timing of Services. Contractor will be expected to: provide no more than 8 days per month, consecutive or cumulative, of crisis and/or planned overnight respite for a specific Child. If approved by contract administrator, the total amount of respite days can be a maximum of 14. The Respite Care Services will be provided in the proctor foster home or in the Certified Resource Family home/In Home based on Contractor ability.

2.4.3 Communication Plan. Contractor will be expected to communicate with the Child’s caregiver verbally regarding the Child’s needs immediately prior to and following each respite stay.

2.4.4 Specific Provision of Services. For ongoing respite planned beyond one respite episode, either crisis or planned, Contractor will be required to create an individualized Respite Plan with the Child’s team to include:

2.4.4.1 Goals and objectives of ongoing respite-either crisis or planned.

2.4.4.2 A proposed schedule of planned respite.

2.4.4.3 A safety and crisis plan, including phone numbers for appropriate mental health supports.

2.4.4.4 A supervision plan which may be adjusted to the individual needs of the Child including enhanced supervision for specialized needs.

2.4.4.5 A communication plan for sharing of information between the Contractor, Caseworker and caregiver.

2.4.4.6 The Respite Plan shall be in writing and provided to Caseworker and caregiver within 30 days of start of Services.

2.4.5 Reporting Requirements. Contractor will be required to maintain all required documentation listed under Section 2.4.4, “Specific Provision of Services” for Respite Care Services provided.

RFA ODHS-5295-21 final RFA Document Page 9 of 63

APPLICATION PACKET REQUIREMENTS AND

SUBMISSION

3.1 MINIMUM APPLICANT REQUIREMENTS

This Section contains the requirements that must be met by all Applicants as well as key requirements and features of an application and desirable capabilities. All Application Packets must demonstrate how Applicant and its staff providing CCA Proctor Respite Care Services meet the requirements of Section 3.1.1.1, 3.1.1.2, and 3.1.1.3.

3.1.1 Application Packet Requirements. The Application, consisting of completed Attachments from this RFA, should be formatted and received by ODHS in the order listed in Section 3.2 “Submission Requirements”.

3.1.1.1 All Applicants must meet the following:

3.1.1.1.1 CCA licensed as a foster care agency.

3.1.1.1.2 Proctor Foster family providing Respite Care Services must be fully certified by CCA and received all required CCA trainings.

3.1.1.1.3 Children on Respite Care will not be sharing a bedroom with other Children in the household except for other Children being served in Respite Care.

3.1.1.1.4 No more than 5 total youth (including biological Children) can be served within a respite home.

3.1.1.1.5 Submission of a budget outlining the anticipated number of Children served and cost of Respite Care Services. If Applicant is able to support Children and young adults with specialized needs falling under Section 3.1.1.3, “Desirable Capabilities”, they must ensure the budget reflects the additional Services and support for this population of Children and young adults.

3.1.1.1.5.1 ODHS anticipates Respite Care reimbursement at the following rates:

1. Basic diversion Respite Care – Children In Home or with a certified family-planned/crisis $120-$170/ night

2. Proctor stabilization Respite Care – Children currently in BRS program-planned/crisis-$200-$240/ night

3.1.1.2 Key requirements and features of an application to Child Welfare must include:

3.1.1.2.1 Applicant must have an ODHS license to operate as a Child Caring foster care agency, OAR 413-215-0000 through 413-215-0136 and 413-215-0301 through 413-215-0396.

RFA ODHS-5295-21 final RFA Document Page 10 of 63

3.1.1.2.2 Applicant shall provide a specific plan and policy regarding how to meet the gender affirming and cultural needs of Children and young adults that includes, but is not limited to:

3.1.1.2.2.1 Specific training.

3.1.1.2.2.2 A value statement.

3.1.1.2.3 Applicant shall provide detail on bed capacity including:

3.1.1.2.3.1 Total current proctor foster bed capacity.

3.1.1.2.3.2 Average Daily Population (ADP) in past 6 months.

3.1.1.2.3.3 Specific beds able to be dedicated to Respite Care purposes.

3.1.1.2.3.4 Current proctor foster home recruitment efforts for Respite Care and projected over the next year.

3.1.1.2.3.5 Geographic area of proctor foster home.

3.1.1.2.4 Applicant shall provide a description of proctor foster parent training if the agency is not a contracted Behavioral Rehabilitation Services (BRS) Provider. This should include a minimum of 14 hours of initial and 8 hours ongoing training including but not limited to: mandatory reporting of Child abuse, program policies and expectations, gender and culturally specific Services, behavior and crisis management, suicide prevention, and med administration.

3.1.1.2.5 Applicant shall provide a description of admission criteria and standards to accept a Child or young adult into its Respite Care program.

3.1.1.2.6 Applicant shall identify the type of Respite Care they can provide from the following:

3.1.1.2.6.1 Planned and/or crisis basic diversion Respite Care.

3.1.1.2.6.2 Planned and/or crisis proctor stabilization Respite Care for Children and young adults in BRS settings.

3.1.1.2.7 Applicant shall provide a plan for the Respite Care Services selected to include, but are not limited to:

3.1.1.2.7.1 Safety planning.

3.1.1.2.7.2 Supervision plans.

3.1.1.2.7.3 Ability to provide overnight Respite Care either in the proctor foster home or home of referred Child.

RFA ODHS-5295-21 final RFA Document Page 11 of 63

3.1.1.2.7.4 How the foster family and CCA will communicate with the Child or young adults’ current caregiver to ensure the Respite Care placement will be able to meet the needs of the Child or young adult including transportation for school and other general transport needs, special health, dietary, well-being or safety needs.

3.1.1.2.7.5 How the Respite Care Provider will receive all the information required in the event of an emergency that may occur with the Child. This includes but is not limited to afterhours/on call phone numbers, medical services.

3.1.1.2.7.6 Describe how incidents will be communicated to Child’s caregivers.

3.1.1.2.7.7 For crisis Respite Care, describe how crisis Services will be provided including length of time Applicant will respond to designated ODHS staff or caregiver upon receiving referral.

3.1.1.2.7.8 Provide relationally based Services in a safe, stable and predictable environment, which includes activities that are age and developmentally appropriate for the Child or young adult.

Considers Child preference regarding environment to the extent possible (examples: food preferences, bedtime routines, white noise while sleeping, etc.).

3.1.1.2.7.9 Communication with the Child’s caregiver verbally regarding the Child’s needs immediately prior to and following each Respite Care stay.

3.1.1.2.7.10 For Children with ongoing planned Respite Care for periods occurring monthly-how an individualized Respite Care Plan will be created and who is in involved.

3.1.1.2.7.11 A communication plan for sharing of information between the Contractor, the current placement and Caseworker.

3.1.1.2.7.12 24/7 crisis support for proctor foster family.

3.1.1.2.7.13 Services delivered in a way that integrates a Gender-Responsive, Culturally-Sensitive, trauma-informed, and Age-Appropriate or Developmentally-Appropriate approach.

3.1.1.3 Desirable Capabilities:

3.1.1.3.1 Specialized Needs:

3.1.1.3.1.1 Children with specialized and complex needs may require Respite Care during periods while awaiting a transition to a more appropriate level of care. Respite Care Providers that can serve the following specialized needs are being sought:

RFA ODHS-5295-21 final RFA Document Page 12 of 63

1. Proctor Foster families that can support Children who are recommended for Psychiatric Residential Treatment Services (PRTS), Subacute or Secure Children’s Inpatient program (SCIP)/Secure Adolescent Inpatient program (SAIP) while they are currently placed with a Certified Resource Family, In Home or in a BRS setting.

2. Proctor Foster families that can provide Respite Care for Children recommended for Intellectual Developmental Disabilities (IDD) placement.

3. Proctor Foster families that can serve Children with medical conditions requiring in-home treatment or monitoring.

4. Proctor Foster families that can support Children or young adults who have a recent history of sexually or physically aggressive behaviors.

3.1.1.3.1.2 Each Applicant shall address if they meet any of these desired capabilities and describe the population of Children they can support and how their Respite Care program could do so.

3.1.1.3.2 Peer Supports:

3.1.1.3.2.1 Respite Care Services are strengthened when there is additional contact between the respite Provider and caregiver. Respite Care Providers that can offer support, guidance, and hands on skill-based coaching to caregivers for an hourly based peer support service is being sought. The peer support is flexible, and dynamic based on caregiver need. A peer support service for Respite Care Services is not an established service and this RFA is an opportunity to explore the need and outcomes of a newly developed service type.

3.1.1.3.2.2 Each Applicant shall address if the proctor foster families can provide peer supports and describe what the proposed supports may look like, maximum hours per week and budget related considerations.

3.2 SUBMISSION REQUIREMENTS

3.2.1 Applications must be submitted to the Program and Application contact listed in Section 1.2 and to be considered for award, the Applicant must meet the requirements of this RFA and provide the required information as an Application Packet that consists of the following documents. The Application packet must be submitted with the below listed documents completed and should be in the following order:

3.2.1.1 Attachment B: Applicant Information and Certification Sheet.

Attachment B must be signed, in ink or by Digital Signature, by an

RFA ODHS-5295-21 final RFA Document Page 13 of 63

Authorized Representative of the Applicant. Failure of the Authorized Representative to sign the Applicant Information and Certification Form, in ink or by Digital Signature, may subject the Application Packet to rejection by ODHS.

3.2.1.2 Attachment C: Application Form. Complete all applicable sections of the Application Form and include all documentation as required.

3.2.1.3 Attachment D: COBID Certification/Outreach Plan. Pursuant to Oregon Revised Statute (ORS) Chapter 200, ODHS encourages the participation of small businesses certified by the Oregon Certification Office for Business Inclusion and Diversity (COBID) in all contracting opportunities. This includes certified small businesses in the following categories:

disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. ODHS also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic .asp?XID=6787&TN=oregon4biz.

3.2.1.3.1 Applicant shall submit a completed Certified Disadvantaged Business Outreach Plan (Attachment D) with Application Packet.

3.2.1.4 Attachment E: Responsibility Inquiry. ODHS will determine if an apparent successful Applicant is responsible prior to award and execution of a Contract. Applicant shall submit a signed Responsibility Inquiry form (Attachment E) with Application Packet.

3.2.1.4.1 At any time prior to award, ODHS may reject an Applicant found to be non-responsible.

3.2.1.5 Application Packet should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Application Packet. Do not include marketing or advertising material in the Application Packet.

3.2.1.6 Applicant shall submit Application Packet to the Program and Application contact pursuant to Section 4.3 “Application Submission”. The Applicant Information and Certification Sheet (Attachment B) must bear the Applicant’s Authorized Representative’s ink signature or Digital Signature.

APPLICATION PROCESS

4.1 PUBLIC NOTICE

4.1.1 The RFA, including all amendments and attachments, are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. RFA documents will not be mailed or e-mailed to prospective Applicants. It is the sole responsibility of Applicants to download https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregonbuys.gov/

RFA ODHS-5295-21 final RFA Document Page 14 of 63 all mandatory documents posted on OregonBuys. Applicants are responsible for reading all mandatory documents prior to submitting an Application Packet pursuant to this RFA.

4.1.2 Incomplete Application Packets will be rejected; however, ODHS reserves the right to allow Applicants an opportunity to correct any deficiencies at ODHS’ sole discretion.

4.1.3 Modifications, if any, to this RFA will be made by written amendment(s) published in OregonBuys. Prospective Applicant is solely responsible for checking OregonBuys to determine whether or not any amendment(s) have been issued. Amendment(s) are incorporated into this RFA by this reference.

4.2 QUESTIONS/REQUESTS FOR CLARIFICATION

4.2.1 All inquiries, whether relating to the RFA process, administration, deadline or method of award, or the intent or technical aspects of this RFA must:

4.2.1.1 Be emailed to the RFA Point of Contact for Procurement and Contract Documents;

4.2.1.2 Be submitted by an Authorized Representative;

4.2.1.3 Reference this RFA number;

4.2.1.4 Identify Applicant’s name and contact information;

4.2.1.5 Refer to the specific area of the RFA being questions (i.e. page, section and paragraph number); and

4.2.1.6 Be received by the due date and time for Questions / Requests for Clarification identified in the Section 1.3 “RFA Schedule”.

4.2.2 ODHS may post Questions and Answers to OregonBuys on an ongoing, as needed basis. Questions and Answers must be downloaded via OregonBuys.

Applicant is responsible to frequently check OregonBuys until the RFA has closed. The RFA may be viewed and downloaded at OregonBuys web site:

http://oregonbuys.gov.

http://oregonbuys.gov/

RFA ODHS-5295-21 final RFA Document Page 15 of 63

4.3 APPLICATION SUBMISSION

4.3.1 Applications can be submitted by email (to the Program and Application contact as listed in Section 1.2, RFA Points of Contact), by mail, or may be hand delivered. However, all Applications delivered by mail or by hand may be delayed due to COVID out of office staffing requirements. The Application must be addressed to the Program and Application Contact for this RFA. Fax copies of Applications will not be accepted. Mailed and hand delivered Applications must be submitted in a sealed envelope addressed to the attention of the Program and Application contact and the RFA # S-10000- 00001833 must be visible on the outside of the envelope. Applications received after this RFA has closed will not be considered.

4.3.2 Applicant is solely responsible for ensuring its Application is received by the Program and Application Contact in accordance with the RFA requirements.

ODHS is not responsible for any transmission errors or delays or mistaken delivery. Applications submitted by any means not authorized may be rejected.

4.4 MODIFICATION OR WITHDRAWAL

4.4.1 Modifications. An Applicant may modify its Application in writing prior to the Closing date and time of this RFA. Applicant must prepare and submit any modification to its Application to ODHS in accordance with requirements set forth in this RFA. The Application must be marked with the wording “Application Modification RFA # S-10000-00001833” and be addressed to the attention of the Program and Application contact and submitted no more than 7 calendar days after submission of initial Application.

4.4.2 Withdrawals: An Applicant may withdraw its Application prior to acceptance by ODHS via written notice submitted on the Applicant’s letterhead, signed by an authorized representative of the Applicant, delivered to the Program and Application contact in the same manner specified for original RFAs. The withdrawal must be marked with the wording “Application Withdrawal to

RFA # S-10000-00001833”.

4.5 APPLICATION DUE DATE

4.5.1 Application Packets (including all required submittal items) must be received by the Program and Application contact on or before the Application Due date noted in Section 1.2, Schedule or the Closing Date noted on the Cover Page. All Application Packet modifications and withdrawals must be received prior to Closing.

4.5.2 ODHS may close or reopen this RFA at any time at its sole discretion. If this RFA is reopened, it will be issued under a different OregonBuys bid number.

4.5.3 Application Packets received after Closing are considered LATE and will NOT be accepted for consideration. A late Application Packet will be destroyed.

RFA ODHS-5295-21 final RFA Document Page 16 of 63

4.6 APPLICATION PACKET PUBLIC OPENING

4.6.1 A public opening will not be held. Application Packets received will not be available for inspection until after Closing.

4.7 APPLICATION PACKET REJECTION

4.7.1 ODHS may reject an Application Packet for any of the following reasons:

4.7.1.1 Applicant does not meet the minimum applicant requirements outlined in Section 3.1.

4.7.1.2 Applicant fails to substantially comply with all prescribed RFA procedures and requirements including, but not limited to, the requirement that Applicant’s Authorized Representative sign the Application Packet.

4.7.1.3 Applicant has liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State of Oregon.

4.7.1.4 Applicant fails to meet the responsibility requirements of ORS 279B.110.

4.7.1.5 Applicant makes any contact regarding this RFA with State representatives such as State employees or officials other than the RFA Points of Contact or those the RFA Points of Contact authorizes, or inappropriate contact with the RFA Points of Contact.

4.7.1.6 Applicant attempts to influence a member of the evaluation committee.

4.7.1.7 Application Packet is conditioned on ODHS’ acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in this RFA or amendment(s).

4.8 APPLICATION REVIEW AND ACCEPTANCE

4.8.1 An Application Packet received prior to Closing will be reviewed, by the Program and Application contact, to determine if it is responsive to all RFA requirements including compliance with Sections 3.2., “Submission Requirements”. If the Application Packet is unclear, the Program and Application contact may request clarification from Applicant and, if necessary, the Program and Application contact may request that Applicant resubmit a revised Application Packet. If the Program and Application contact finds the Application Packet non-responsive, the Application Packet may be rejected, however, the Program and Application contact reserves the right to request that Applicant resubmit a revised Application Packet prior to Closing. ODHS reserves the right to waive mistakes in accordance with OAR 125-247-0470.

4.8.2 If the Application Packet is deemed non-responsive, the Applicant will be notified by e-mail by the Program and Application contact within 5 business days from receipt of the Application Packet.

RFA ODHS-5295-21 final RFA Document Page 17 of 63

4.8.3 An Applicant that has not met one or more required criteria will not be offered a Contract. The Program and Application contact or designee, at ODHS’ sole discretion, may request that Applicant performs any needed activities in order to meet the criteria required in this RFA and resubmit a revised Application Packet to the Program and Application contact prior to Closing. In cases where Applicant is asked to submit a revised Application Packet, the revised Application Packet will be processed and batched by the date the revised, complete Application is accepted by the Program and Application contact.

4.8.4 The Program and Application contact or designee, at ODHS’ sole discretion, may request from Applicant clarification of Application Packet, or to resolve minor differences or inconsistencies in the Application Packet. The Program and Application contact or designee, at ODHS’ sole discretion, may request that Applicant resubmit a revised Application Packet to the Program and Application contact prior to Closing. In cases where Applicant is asked to submit a revised Application Packet, the revised Application Packet will be processed and batched by the date it is received by the Program and Application contact.

4.9 APPLICATION ACCEPTANCE AND EVALUATION.

4.9.1 Applications will be accepted during the period this RFA is open and all Applications that meet the minimum qualifications stated in Section 3.1 will be reviewed by the Program and Application contact for further consideration and final evaluation. The Applications will be evaluated and scored based on how well each Applicant responded to the submission requirements. The Program and Application contact will assign a score for each Application based upon how well each Applicant responded to these requirements assigning a score for the areas that will be evaluated.

4.9.2 Application Evaluation Scoring Matrix

4.9.2.1 The Program and Application contact will evaluate all Applications further to determine the score that will be assigned for the various requirements stated in the RFA Application, 3.1, “Minimum Application Requirements”.

ODHS will use the below scoring matrix to review and screen each Application.

SCORING MATRIX ON NEXT PAGE

RFA ODHS-5295-21 final RFA Document Page 18 of 63

4.9.2.2 Scoring Matrix

RFA

Section

RFA Requirement Total Possible Points

3.1.1.1.6 Submission of a budget outlining the anticipated

number of Children served and cost of Respite Care Services, including “desired capabilities”, if applicable.

3.1.1.2.2 Description of Applicant’s specific plan and policy regarding how to meet the gender affirming and cultural needs of Children.

3.1.1.2.3 Applicant detail on bed capacity. 10

3.1.1.2.4 Description of proctor foster parent training if the agency is not a contracted Behavioral Rehabilitation Services (BRS) Provider. This should include a minimum of 14 hours of initial and 8 hours ongoing training including but not limited to: mandatory reporting of Child abuse, program policies and expectations, gender and culturally specific Services, behavior and crisis management, suicide prevention, and med administration.

3.1.1.2.5 Description of admission criteria and standards to

accept a Child into its Respite Care program.

3.1.1.2.6 Description of the type of Respite Care the Applicant can provide.

3.1.1.2.7 Description of Applicant’s plan for the Respite Care Services selected.

3.1.1.3 Description of whether the Applicant meets any of the desired capabilities and the population of Children they can support and how their Respite Care program can do so.

Possible Additional Points

Total Possible Points 100 If Desired Capabilities Points Added – Total Possible 110 The minimum score to be awarded a Contract is 80 points for all Applications scored by the Program and Application contact or their delegate.

4.9.3 Evaluation Scoring Method

4.9.3.1 The score for each of the seven criteria found in Section 4.9.2.2, Scoring Matrix will be determined by the Program and Application contact or their delegate as a Subject Matter Expert. The Attachment C, Application Form will be scored based on completeness of the Attachment and requested documentation submitted by the Applicant. This information will provide a good description of the general operation capabilities of each Applicant and are therefore crucial to the evaluation of each Application.

RFA ODHS-5295-21 final RFA Document Page 19 of 63

AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration. ODHS, if it awards a Contract, shall award a Contract to the highest-ranking Responsible Applicant(s) based upon the scoring methodology and process described in Section 4.9. ODHS may award less than the full Scope defined in this RFA.

5.1.2 Intent to Award Notice. ODHS will notify all Applicants that ODHS intends to award a Contract to, to the selected Applicant(s) subject to successful negotiation of any negotiable provisions.

5.2 APPARENT SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS

5.2.1 Applicant(s) who are selected for a Contract awarded under this RFA will be required to submit additional information and comply with the following:

5.2.1.1 Insurance. Applicants who are selected for award under this RFA will be required to secure and demonstrate to ODHS proof of insurance coverage meeting the requirements identified in Exhibit C of Attachment A prior to execution of a Contract. Failure to obtain or demonstrate coverage may result in ODHS terminating Contract negotiations. Applicant is encouraged to consult its insurance agent about the insurance requirements contained in Exhibit C of Attachment A prior to Application Packet submission.

5.2.1.2 Taxpayer Identification Number. Applicants who are selected for award under this RFA will be required to provide ODHS its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by ODHS or when the backup withholding status or any other relevant information of Applicant has changed since the last submitted W-9 form, if any.

5.2.1.3 Business Registry. Applicants who are selected for award under this RFA that are a Corporation, Partnership, use an Assumed Business Name, or other business entity (domestic or foreign) must be duly authorized by the State of Oregon to transact business in the State of Oregon prior to execution of a Contract. For more information, see:

http://www.filinginoregon.com/index.htm.

5.2.1.4 Background Check. Applicants who are selected for award under this RFA will be responsible for maintaining a current background check as required in this RFA and in Exhibit A, Part 3 of Attachment A “Sample Contract”. If ODHS or Applicant determines that an offense was committed that limits or prohibits the Applicant’s staff from providing the Services outlined in this RFA, Applicant will immediately remove its staff from providing Services and ensure they do not have contact with Clients.

5.2.1.5 Pay Equity Certification. If selected for award and the Contract value exceeds $500,000 and Applicant employs 50 or more full-time workers, http://www.filinginoregon.com/index.htm

RFA ODHS-5295-21 final RFA Document Page 20 of 63

Applicant shall submit to ODHS a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Applicant by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

5.2.1.5.1 ORS 279B.110(2)(f) requires that Applicant provide this prior to execution of the Contract.

5.2.1.6 Nondiscrimination in Employment. As a condition of receiving the award of a Contract under this RFA, Applicant’s Authorized Representative must certify by their signature on Attachment B, “Applicant Information and Certification Sheet”, pursuant to Section 3.2.1, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class.

The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.2.1.7 Compliance with Executive Order 21-29. If selected for award, Applicant shall be required to submit to ODHS an “Executive Order 21-29 Vaccination Compliance Form” to certify during the term of the Contract or the duration of EO 21-29, whichever expires or terminates first, that Contractor has obtained Proof of Vaccination from all Workers providing goods or services at an Executive Branch Worksite are Fully Vaccinated against COVID-19 or have met the requirements for an exception under paragraph 6 of EO 21-29. The definitions in Section 2.2.15 “Special Definitions for Interpreting EO 21-19 Obligations” of this RFA apply to this paragraph. The compliance form can be found at https://www.oregon.gov/das/Procurement/Pages/contractorvaccinat ions.aspx.

5.3 CONTRACT NEGOTIATION

5.3.1 After selection of successful Applicant(s), ODHS may enter into Contract negotiations with the successful Applicant(s). By submitting an Application Packet, Applicant agrees to comply with the requirements of the RFA, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

5.3.2 Applicant shall review the attached Sample Contract and note exceptions.

5.3.3 Applicant must submit those exceptions to ODHS during the Questions / Requests for Clarification period set forth in Section 1.3. Unless ODHS agrees to modify any of the terms and conditions, ODHS intends to enter into a Contract with the successful Applicant(s) substantially in the form set forth in the Sample Contract (Attachment A).

5.3.4 It may be possible to negotiate some provisions of the final Contract; however, ODHS is not required to make any changes and many provisions cannot be https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx https://www.oregon.gov/das/Procurement/Pages/contractorvaccinations.aspx https://www.oregon.gov/das/Procurement/Pages/contractorvaccinations.aspx

RFA ODHS-5295-21 final RFA Document Page 21 of 63 changed. Applicant is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State of Oregon. Therefore, ODHS will consider the scope of requested exceptions in the evaluation of the Application Packet.

5.3.5 Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

5.3.6 ODHS is willing to negotiate ONLY: Exhibit A, Part 1, “Statement of Work” based on the Scope of Work of this RFA, Exhibit A, Part 2, “Payment and Financial Reporting”, and Exhibit A, Part 3, “Special Terms and Conditions” of the attached Sample Contract.

5.3.7 In the event that the parties have not reached mutually agreeable terms within 30 calendar days, ODHS, at its discretion, may terminate Contract negotiations.

5.4 CONTRACTOR SELECTION METHODOLOGY

5.4.1 Applicant understands ODHS may have a Contract with multiple Contractors to provide Services in the same service delivery area. ODHS will make every effort to engage each Contractor, however ODHS makes no guarantee that any Services will be authorized to be provided under any Contract. ODHS reserves the right, in its sole discretion, to determine the Contractor best suited to provide Services. In the event multiple Contracts are awarded, ODHS will use the following methodology to determine from which Contractor to purchase.

5.4.1.1 Multiple Contracts. In the event of multiple Contracts within the same service delivery area, ODHS will select a Contractor within the pool of awarded Contractors in the same service delivery area to provide the needed service based on the following given information:

5.4.1.1.1 Contractor’s geographical limits;

5.4.1.1.2 Contractor’s ability to provide the needed Services to referred Clients;

5.4.1.1.3 Contractor’s ability to respond to emergency requests; and

5.4.1.1.4 Contractor’s referral hours.

5.4.1.2 Drawing of Lots. In the event more than one Contractor within the pool of awarded Contractors in the same service delivery area are equally able to provide the needed service pursuant to Section 5.4.1.1, ODHS will enter all eligible Contractors into a random name selector such as https://wheelofnames.com or similar, to determine which Contractor will receive the referral authorizing Services to be provided.

https://wheelofnames.com/

RFA ODHS-5295-21 final RFA Document Page 22 of 63

ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

6.1.1 This RFA is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFA, evaluation, and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

6.2.1 All Application Packets are public record and are subject to public inspection after ODHS issues the notice of the intent to award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

6.2.2 All Application Packets submitted in response to this RFA become the property of ODHS. By submitting an Application Packet in response to this RFA, Applicant grants the State of Oregon a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Application Packet solely for the purpose of evaluating the Application Packet, negotiating a Contract, if awarded to Applicant, or as otherwise needed to administer the RFA process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).