5382-0 final~4.pdf

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STATE OF OREGON

COVER PAGE

OHA-Public Health/Health Policy and Analytics

Is issuing this Request For Application (RFA) under OregonBuys Bid Number S-44300-00004677 for

ENTERPRISE INITIATIVE IMPLEMENTATION CONSULTING SERVICES

Date of Issue: 10/13/2022

Opening Date and Time: 12/13/2022

Single Point of Contact (SPC): Paul Yakis

Address: 635 Capitol Street NE, Suite 350 City, State, Zip Salem, OR 97301 Phone (voice) 503-509-5493 E-mail: paul.yakis@dhsoha.state,or.us

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.

mailto:paul.yakis@dhsoha.state,or.us

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF APPLICANTS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS

5.4 PRICE AGREEMENT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFA; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

6.8 PRINTING, BINDING, AND STATIONERY WORK

6.9 CHECKLIST DISCLAIMER

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE PRICE AGREEMENT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C APPLICANT INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

ATTACHMENT G PROCUREMENT REQUIREMENTS

ATTACHMENT H SCORING AND EVALUATION

ATTACHMENT I APPLICANT COVER SHEET

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The Oregon Health Authority (OHA) is issuing a Request for Applications to provide services in support of Health Care Market Oversight (HCMO) reviews. Contactors may be asked to consult for other OHA programs where skills and expertise align with program needs, and meet the OHA’s objective of ensuring that health care in Oregon is transparent and support lower costs, increased equity and access, and better quality. Applicant may apply in one or more of the following Service categories:

1. Community engagement: Support outreach, recruitment, convening, and facilitation of community review boards, using equity-centered and multi-cultural approaches

2. Health care management: Provide consultation and subject matter expertise for HCMO reviews related to health care delivery and operations.

3. Analytics: Support quantitative and qualitative analyses for HCMO reviews.

Analytics proposals must address at least one of the following sub-categories:

a. Economic analysis and modeling

b. Actuarial analysis

c. Financial and accounting services

d. Claims analysis

e. Qualitative analysis

Each Service Category will have multiple qualified vendors to provide work. Within each Service Category, qualified Applicants may have areas of specific industry expertise (i.e. education or health care) which will not be considered during proposal evaluations. However, specific industry expertise may be considered as specific projects are defined and individual work orders are issued under the awarded Price Agreement.

OHA does not have a regular frequency for conducting HCMO reviews; the reviews occur when OHA receives notices from entities that are planning a transaction to merge, acquire or otherwise change ownership or control of a health care entity. OHA is seeking to retain a pool of contractors who can quickly respond to support needs when a review is required. When a need is identified, OHA will select a contractor from the pool with the appropriate qualifications to meet the particular service need and execute a work order. A successful proposal does not guarantee work and OHA cannot predict the timing and content of reviews.

Agency may issue purchase orders or work orders pursuant to this Price Agreement up to 5 years from the effective date of the Price Agreement. Every two years contractor may submit request to renegotiate prices base on Portland Metropolitan Consumer Price Index. OHA may extend the Price Agreement for additional periods of time up to a total period of 8 years.

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Any purchases under the Price Agreement must be authorized by or work orders issued by Agency in accordance with the ordering procedures described in the Attachment A - Sample Price Agreement.

When required per ORS 279B.065 Agency will select a consultant through a Best Value Analysis (BVA) process within the pool of contract holders. A Best Value Analysis may include many factors including without limitation a Contractor’s demonstrated skill and experience relevant to the project, approach and related cost proposed for the Services, certification as an MWESB (Minority-Owned Business, Women-Owned Business, and Emerging Small Business), past performance, availability, resource capacity, and if there is any actual or potential conflict of interest. Where practical, Agency may:

i. Request quotes for certain Services from one or more consultant(s) capable of providing the Services. Agency may provide detailed information to consultant(s) relative to Agency’s expectation and requirements for responding to a quote

ii. Consultant, if it can provide the Services, along with other consultants, shall respond to Agency with a quote as set forth in the request for quote, if no date is specified , Consultant shall respond within three (3) business days of the request.

iii. Hourly rates will not exceed the rates in the Master Contract.

iv. Agency shall determine which consultant provides the best value for the State based upon factors including, but not limited to, those defined in Section 2.4.

Agency may also conduct interviews and contact references.

v. Agency shall maintain all information on the process, considerations, findings, and decisions used for selection.

vi. Agency will require the contractor to disclose any conflict or potential conflict of interest. Any conflict of interest or possible conflict of interest may void contractors’ eligibility to be selected.

1.2 SCHEDULE

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

Questions / Requests for Clarification Due 11/07/2022 3:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) 11/10/2022

RFA Protest Period Ends

7 calendar days prior to RFA Opening

Opening (Proposal Due) See RFA cover page

Opening of Applications 12/13/2022 3:00 PM

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

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1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFA is identified on the Cover Page, along with the SPC’s contact information.

Applicant shall direct all communications related to any provision of the RFA only to the SPC, whether about the technical requirements of the RFA, contractual requirements, the RFA process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

OHA is issuing this RFA pursuant to its authority under 413.033.

2.2 DEFINITION OF TERMS

For purposes of this RFA and corresponding Price Agreement, the terms below shall have the following meanings:

a. Applicant: a potential Contractor who applies to OHA pursuant to this RFA with the goal of entering into a Price Agreement with OHA to provide Technical Assistance.

b. Application: the TA Consultant Application Form attached to this RFA as Attachment 1, as completed by an Applicant and submitted to OHA pursuant to this RFA.

c. Coordinated Care Organization: is a community‐based organization meeting the requirements of ORS 414.625 and governed by a group of care providers, community members, and entities bearing the financial cost of health care.

d. Contractor: The Applicant selected through this RFA to enter into a Price Agreement with OHA to provide TA. The terms Contractor and TA Consultant are interchangeable.

e. Key Personnel or Key Persons: the person or persons on Contractor’s staff to be assigned to provide services under the Price Agreement.

f. Office of Contracts and Procurement (OC&P): The State entity responsible for the procurement process for OHA.

g. Price Agreement: the form of Contract awarded to qualifying Contractors as a result of this RFA process.

h. RFA: Request for Application is the type of solicitation process used to obtain Contractors.

i. Work: the required activities, tasks, deliverables, reporting, and invoicing requirements, as provided for under this RFA.

j. Work Order Contract (WOC): the form of Contract that will be issued under a Price Agreement for each TA Request.

k. Work Plan: is a detailed description of the Work to be performed under each Work Order Contract. Usually included as an attachment to the Work Order Contract.

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2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon Health Authority (OHA) is responsible for most state health services and for implementing health care reforms, and is comprised of a Director’s Office (DO) which includes Tribal Affairs in addition to nine divisions: (1) Agency Operations, (2) Fiscal (3) External Relations, (4) Equity and Inclusion, (5) Health Policy and Analytics,

(6) Health Systems, (7) Public Health, (8) the Oregon State Hospital, and (9) the COVID- 19 Recovery and Response Unit (CRRU).

OHA Vision: A healthy Oregon.

OHA Mission: Ensuring all people and communities can achieve optimum physical, mental, and social well-being through partnerships, prevention, and access to quality, affordable health care.

To fulfill OHA’s vision and mission, the agency is developing a strategic plan with a single overarching goal: to eliminate health inequities in Oregon by 2030.

OHA definition for Health Equity:

Oregon will have established a health system that creates health equity when all people can reach their full potential and well-being and are not disadvantaged by their race, ethnicity, language, disability, age, gender, gender identity, sexual orientation, social class, intersections among these communities or identities, or other socially determined circumstances.

Achieving health equity requires the ongoing collaboration of all regions and sectors of the state, including tribal governments to address:

• The equitable distribution or redistribution of resources and power; and

• Recognizing, reconciling and rectifying historical and contemporary injustices.

Core Values: Health Equity, Service Excellence, Integrity, Leadership, Partnership, Innovation, and Transparency.

2.3.2 Project Overview and Background

In Oregon and nationwide, health care consolidation has become increasingly common, resulting in more markets being dominated by large, national companies and fewer independent and local health care providers. Research shows that when health care corporations combine, it can lead to higher prices without improving quality or health outcomes. Health care consolidation can affect access to care, particularly for low-income communities, communities of color and rural communities.

In 2021, the Oregon Legislature passed HB 2362 to address health care consolidation in the state, creating the Health Care Market Oversight program.

This law directs the Oregon Health Authority to review proposed transactions, such as mergers and acquisitions, that involve health care entities, including

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 8 of 69 hospitals, health insurance companies, and provider groups. The program ensures that health care transactions in Oregon are transparent and support lower costs, increased equity and access, and better quality. Through the program, OHA also monitors, evaluates, and reports on the statewide impacts of health care consolidation. OHA may convene a community review board to provide recommendations about proposed transactions. Community review boards will include consumer advocates, providers, and community members, such as patients, health plan members, and others who may be impacted by a transaction. The HCMO program launched March 1, 2022.

HCMO’s governing regulations permit OHA to contract outside advisors to support transaction reviews per ORS 415.501(14).

OHA is often required to implement program and policy changes with exceptionally short timelines. Per ORS 415.501(17) OHA has 180 days to complete a comprehensive review. This includes 30 days of preliminary review before outside advisors can advise.

While these Price Agreements (PA) will provide additional support, OHA is also focusing on bringing in unique perspectives that align with its mission of Eliminating Health Inequities for Oregonians by 2030. Each project may work with a unique vulnerable population and thus require distinctive collaboration and perspective. OHA is also focusing on extensive community engagement as the driving factor for how policies and programs should be implemented.

In the service categories listed in section 2.4. OHA will award approximately 3 to 4 contracts for Community Engagement, 3 to 4 contracts for Health Care Management and 10 contracts in Analytics but reserves the right to award more or less.

2.4 SCOPE OF WORK/SPECIFICATIONS

2.4.1 Service Categories

It is anticipated that Applicants may not have expertise in all Service Categories.

For that reason, Applicants may submit an application to provide services in any combination of one or more Service Category listed below.

Each proposed Service Category should be labeled and presented as a clearly labeled subsection within the Technical Proposal.

2.4.1.1 Community Engagement

This service category will support community engagement for HCMO community review boards. Community review boards comprise community members, consumer advocates, and health care providers that may be impacted by a heath care transaction. Expertise may include:

- Conducting outreach to priority populations, with a focus on reaching populations that historically may not have been included in public engagement efforts

- Recruitment of diverse members for community groups, with the goal of achieving broad representation from different affected groups on community review boards

- Convening and facilitation of community groups

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Applicants should demonstrate an ability to apply equity-driven, multi-cultural, and multi-language approaches to activities.

Selected community engagement contractors will:

- Advise OHA on best practices, communications and outreach, effective processes and procedures, etc.

- Plan, recruit, convene, and facilitate community review boards

- Summarize and synthesize information

- Provide written reports, presentations, and other materials to support community engagement

- Support OHA in developing public reports and final determinations/orders, as relevant

- Provide documentation for all work products, as relevant

- Provide recommendations to inform decisions, improve processes and approaches, etc.

2.4.1.2 Health Care Management

This service category provides consultation to help OHA assess the likely impact of proposed transactions. Applicants should have health care industry leadership experience (management or clinical), with subject matter expertise in:

- Health care consolidation and restructuring

- Health care delivery system and/or health insurance operations

- Health care payment models, across markets

- Quality improvement processes and measurement

- Health care contracting

Selected health management contractors will:

- Advise OHA on best practices and emerging evidence

- Review documents submitted by the entities

- Provide written reports, presentations, and other materials summarizing findings

- Support OHA in developing public reports and final determinations/orders, as relevant

2.4.1.3 Analytics

This service category will support analytic components of the HCMO reviews, in alignment with HCMO’s Analytic Framework and includes five sub-categories, each requiring different expertise:

a. economic analysis and modeling,

b. actuarial services,

c. financial and accounting services,

d. claims analysis, and

e. qualitative analysis.

Selected analytics contractors will:

https://www.oregon.gov/oha/HPA/HP/HCMOPageDocs/OHA-HCMO-Analytic-Framework-FINAL.pdf

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- Advise OHA on best practices, emerging evidence and methodologies, effective processes and procedures, etc.

- Review documents submitted by the entities?

- Compile and analyze data, interpret and synthesize findings

- Provide written reports, presentations, and other materials summarizing findings

- Support OHA in developing public reports and final determinations/orders, as relevant

- Provide documentation for all work products, as relevant, including process documents, code, data dictionaries, and other methodological documentation

- Respond to questions or inquiries about contractor-led aspects of transaction reviews

- Provide recommendations to inform decisions, improve processes and approaches, etc.

Proposals must explicitly address one or more analytic sub-categories:

a. Economic Analysis and Modeling

Assist OHA in calculating economic indicators and developing predictive models.

Applicants should demonstrate familiarity with key analyses and modeling, such as:

- Market share and market concentration analysis (including HHI)

- Total health care spending/ total cost of care

- Health care cost growth drivers

- Health care spending growth rate

- Diversion analysis and willingness-to-pay analysis

- Merger simulation

- Analysis of potential efficiencies

b. Actuarial Analysis Applicants should demonstrate familiarity with actuarial analysis and approaches, including:

- Actuarial appraisal modeling experience, specifically for health care

- Cash flow valuation, including reserving analysis

- Statutory and regulatory guidance

- Actuarial standards of practice

- Comparable transaction analysis

- Analysis of risk-sharing agreements, such as capitation arrangements, medical loss rations (MLRs), reinsurance, etc.

- Risk adjustment

c. Financial and Accounting Services Assist OHA in assessing solvency and financial condition of health care entities, and the potential impact of a transaction on insolvency risk and financial stability/profitability. Conduct financial and solvency analyses including calculation and interpretation of metrics such as:

- Net assets

- Debt-to-capital ratio

- Cash flow from operations to total debt

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- Days cash on hand

- Net patient service revenue

- Operating/total margin

Applicants should also demonstrate experience with reviewing financial reports and documents.

d. Claims Analysis A key data source for HCMO reviews is Oregon’s All-Payer All Claims database, which includes data for individuals with commercial, Medicaid, and Medicare coverage in the state. Applicants should demonstrate experience using health care administrative claims data to support the following:

- Provider and payer attribution

- Service area calculation

- Access and quality measurement

- Patient and population demographic analyses

- Cost and utilization analyses, including per member per month (PMPM) or per episode/ event costs

e. Qualitative Analysis Assist OHA in analyzing and synthesizing themes from qualitative information sources, including written public comments, community engagement meeting transcripts, and business, operational, and legal documents submitted by entities. May include qualitative data collection through interviews.

- Document review and coding

- Content, narrative, and thematic analysis

- Qualitative methodology

- Use of qualitative analysis software

- Conducting interviews with representatives of entities involved in a transaction

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

Applicant shall address all the applicable items in Attachment G “Procurement Requirements”

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, a Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

• ATTACHMENT C APPLICANT INFORMATION AND CERTIFICATION SHEET

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• ATTACHMENT D REFERENCE CHECK FORM

• ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

• ATTACHMENT F RESPONSIBILITY INQUIRY

• ATTACHMENT I APPLICANT COVER SHEET

3.2.2 Application Format and Quantity

Application should follow the format and reference the sections listed in the Application Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

OregonBuys Electronic Response. Applicant should submit its Application electronically through OregonBuys.

The Price Proposal must be submitted as a separate electronic response file.

Applicant shall submit one copy of its Application and all other submittal requirements, with Attachment C - Applicant Information and Certification Sheet bearing the Applicant’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Applicant believes any of its Application is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Applicant shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Applicant shall also mark as “Confidential” in OregonBuys all attachments to its Application that Applicant believes are exempt from disclosure

The Applicant Information and Certification Sheet (Attachment C) must bear the Applicant’s authorized representative’s Signature.

3.2.3 Authorized Representative

Failure of Applicant’s authorized representative to sign the Application may result in rejection of the Application by Agency.

3.3 APPLICATION REQUIREMENTS

Application must address each of the items listed in this section and all other requirements set forth in this RFA. Applicant shall describe the Goods to be provided or the Services to be performed or both. An Application that merely offers to provide the goods or services as stated in this RFA shall be considered non-Responsive to this RFA and will not be considered further.

Application should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Application. Do not include marketing or advertising material in the Application, unless requested. Application should be straightforward and address the requests of the RFA. Applications containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

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3.3.1 Applicant Information and Certification Sheet

Applicant shall complete and submit the Applicant Information and Certification Sheet (Attachment C).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Applicant Information and Certification Sheet may result in a finding of non-Responsibility.

3.3.2 References

Provide 3 references from current or former client firms for similar projects performed for any clients within the last 2 years. References must be able to verify the quality of previous, related Work.

Agency may check to determine if references provided support Applicant’s ability to comply with the requirements of this RFA. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Applicant’s qualifications.

Applicant shall send the Reference Check Form (Attachment D) to its references.

Reference forms must be completed by the reference, returned to the Applicant and submitted with the Application.

3.3.3 Cost Proposal:

Applicant shall include its maximum not to exceed hourly rate for consulting services.

• Work orders that result from the Price Agreement will typically be fixed price, deliverables based, rather than hourly, but the total cost shall not exceed the maximum hourly rate per hour.

• On any given project the total proposed fixed price will be based on the total hours estimated to complete the project’s deliverables.

Submit a detailed Price Proposal Electronically though OregonBuys as a separate document.

3.3.4 Key Persons and their Resumes

The Application shall identify Key Persons who will perform the services and include their biographies or resumes of background, experience, training, expertise and other relevant information. If Applicant is applying for multiple service categories, Key Persons will need to be identified for each category. The biographies or resumes should be no longer than one (1) page in length for each Key Person. If awarded a Price Agreement from this solicitation, OHA reserves the right to pre-approve all contractor Key Persons and the right to request alternate Key Persons, or contract with an alternative contractor due to a conflict of interest.

3.3.5 Approach and Methodology

For each Service Category, Applicant shall:

1. Detail each Service Category applied for and:

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• address each requirement referenced in Section 2.4

• describe Applicant’s experience providing that specific category of service; and

2. Outline the approach Applicant will take if awarded a Price Agreement resulting from this solicitation.

The approach and methodology detailed in the Technical Proposal shall not exceed Ten (10) pages per Service Category and Ten (10) pages per Sub-category.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFA and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Applicants.

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 the RFA by this reference.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposa conference will not be held for this RFA.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via an OregonBuys submission.

• Reference the OregonBuys bid number ;

• Identify Applicant’s name and contact information;

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

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFA

Prospective Applicant may submit a Written protest of anything contained in this RFA, including but not limited to, the RFA process, Specifications, Scope of Work, and the Sample Contract/Price Agreement. This is prospective Applicant’s only opportunity to protest the provisions of the RFA, except that Applicant may protest as provided below.

https://oregonbuys.gov/

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4.4.2 Protests to Amendment(s)

Prospective Applicant may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email.

• Reference the OregonBuys bid number;

• Identify prospective Applicant’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFA provisions or other relief sought.

Protests to the RFA must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment.

4.5 PROPOSAL DELIVERY OPTIONS

Applicant is solely responsible for ensuring its Application is received by the SPC in accordance with the RFA requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason. An Application submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFA:

Application submission shall be electronically through OregonBuys. at: OregonBuys.gov

Detailed instructions on how to submit an application can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.6 APPLICATION MODIFICATION OR WITHDRAWAL

If an Applicant wishes to make modifications to a submitted Application, the Applicant must submit its modification in one of the authorized methods listed in Section 4.5 (Application Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Applicant wishes to withdraw a submitted Proposal, it must submit a Written notice https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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4.7 APPLICATION DUE

An Application (including all required submittal items) must be received by the SPC on or before Opening. All Application modifications or withdrawals must also be received prior to Opening.

An Application received after Opening is considered LATE and will NOT be accepted for evaluation. A late Application will be returned to the Applicant or destroyed.

4.8 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section

1.3 by posting an Amendment to OregonBuys Bid Number S-44300-00004677. Only the name of each Applicant will be listed in the Amendment for the public Opening, no other information will be made available at that time. Applications received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 137-047-0630

4.9 APPLICATION REJECTION

Agency may reject an Application for any of the following reasons:

• 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.

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

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

• Applicant makes any contact regarding this RFA with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Applicant attempts to influence a member of the Evaluation Committee.

• Application is conditioned on Agency’s 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 the RFA or Amendment(s).

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

An Application received prior to Opening will be reviewed to determine if it is Responsive to all RFA requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Application is unclear, the SPC may request clarification from Applicant. However, DAS Procurement Services, Version 4.0 – March 25, 2018 Page 17 of 69 clarifications may not be used to rehabilitate a non-Responsive Application. If the SPC finds the Application non-Responsive, the Application may be rejected; however, Agency may waive mistakes in accordance with OAR 125-247-0470.

4.10.1.2 Responsibility Determination

Agency will determine if an apparent successful Applicant is Responsible prior to award and execution of the Contract/Price Agreement. Applicant(s) shall submit a signed Responsibility Inquiry form (Attachment F) with Application.

At any time prior to award, Agency may reject an Applicant found to be not Responsible.

4.10.2 Evaluation Criteria

Applications meeting the requirements outlined in the Application Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score for each evaluation criterion; see Attachment H “Scoring and Evaluation”

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of Applications. A response to a clarification request must be to clarify or explain portions of the already submitted Application and may not contain new information not included in the original Application.

4.10.3 PREFERENCES (Reserved)

4.11 POINT AND SCORE CALCULATIONS

See Attachment H “Scoring and Evaluation”

After individual evaluators have scored each Applicant, the SPC will average the scores for each Application in a given Service Category and all applicable points (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members).

The SPC will award a price score to each Cost Proposal in the given Service Category by using the following formula:

lowest price of all Applicants X price points possible = price score price being scored Scores will be based on the Following.

• Application Summary. Pass/Fail

• Cost Proposal. Pass/Fail 10 points possible

• Application Narrative. 30 points possible

• Key Personal. 10 points possible

• References. 10 points possible

• Service category selected.

Each Service Category will be scored and evaluated separately so that the total points from

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 18 of 69 multiple services categories will not be combined for a total score. Only like Service Categories will be scored and evaluated against each other. However, points awarded applicable to “All” Service Categories will be combined with points for a specific Service Category to achieve a total point score for a specific Service Category.

4.12 RANKING OF APPLICANTS

The SPC will determine the rank of each Application, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in Agency’s sole discretion, determine an apparent successful Applicant with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Applicants at the conclusion of each subsequent round and may determine an apparent successful Applicant at any time during the solicitation process.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Price Agreement, will award a Price Agreement to the highest-ranking Responsible Applicant(s) per Service Category based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this RFA. Agency will award approximately 3 to 4 Price Agreements for Community Engagement, 3 to 4 Price Agreements for Health Care Management and 10 Price Agreements in Analytics. Agency reserves the right to award more or less Price Agreements for any Service Category based on anticipated Agency needs.

5.1.2 Intent to Award Notice

Agency will notify all Applicants in via Oregonbuys that Agency intends to award a Price Agreement to the selected Applicant(s) subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Applicant shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

An Applicant is an Affected Applicant only if the Applicant would be eligible for Price Agreement award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Applications are non-Responsive.

• Agency has failed to conduct an evaluation of Applications in accordance with the criteria or process described in the RFA.

• Agency abused its discretion in rejecting the protestor’s Application as non-

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 19 of 69

Responsive.

• Agency’s evaluation of Application or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

If Agency receives only one Application, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Contract/Price Agreement Negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC Oregonbuys.

• Reference the OregonBuys bid number ;

• Identify Applicant’s name and contact information;

• Be signed by an authorized representative of Applicant;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award notice.

5.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Applicant. Protests that do not include the required information may not be considered by Agency.

5.3 APPARENT SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS

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

5.3.1 Insurance

Prior to award, Applicant shall secure and demonstrate to Agency proof of insurance as required in this RFA or as negotiated. Insurance Requirements are found in Exhibit C of Attachment A.

5.3.2 Taxpayer Identification Number

Applicant shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Applicant has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

If selected for award, Applicant shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract/Price Agreement. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Responsibility Inquiry

http://sos.oregon.gov/business/pages/register.aspx

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Prior to award, Applicant shall be required to complete and submit Attachment F — Responsibility Inquiry.

5.3.5 Pay Equity Certification

If selected for award and the Contract/Price Agreement value exceeds $500,000 and Applicant employs 50 or more full-time workers, Applicant shall submit to Agency 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.

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

5.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract/Price Agreement under this RFA, Applicant must certify by its Signature on Attachment C - Applicant Information and Certification Sheet, in accordance with ORS 279A.112, 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 that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3.7 Business Associate Agreement (BAA)

If selected for award, Applicant shall enter into a BAA if OHA determines that Applicant will create, receive, maintain or transmit Protected Health Information (“PHI”) and Electronic Protected Health Information (“EPHI”) on behalf of a health care component of OHA in the performance of its obligations under any Work Order resulting from this Price Agreement.

5.4 CONTRACT/PRICE AGREEMENT NEGOTIATION

5.4.1 Negotiation

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

Applicant shall review the attached Sample Contract/Price Agreement and note exceptions.

Applicant must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract/Price Agreement, Agency will issue an Amendment to notify Applicants of such changes. Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract/Price Agreement with https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 21 of 69 the successful Applicant substantially in the form set forth in Sample Contract/Price Agreement (Attachment A).

Following the selection of the apparent successful Applicant, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract/Price Agreement listed below. However, Agency is not required to make any changes and many provisions cannot be changed. Applicant is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

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

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next qualified Applicant.

Agency is willing to negotiate all items, except those listed below:

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency 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. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

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

If the Contract/Price Agreement has potential subcontracting opportunities, the successful Applicant may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

6.2 GOVERNING LAWS AND REGULATIONS

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 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 22 of 69 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.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Applications are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFA become the Property of Agency. By submitting an Application in response to this RFA, Applicant grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Application solely for the purpose of evaluating the Application, negotiating a Price Agreement, 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). Applications, including supporting materials, will not be returned to Applicant, except in the case of Applications that were submitted late and rejected by Agency.

6.4 CANCELLATION OF RFA; REJECTION OF APPLICATIONS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Applications in-whole or in-part, or may cancel this RFA at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor any State agency is liable to any Applicant for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFA or a Contract/Price Agreement award, or the rejection of any Application.

6.5 COST OF SUBMITTING A PROPOSAL

Applicant shall pay all costs incurred in connection with its Application, including, but not limited to, the costs to prepare and submit the Application, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Applicant shall include information in its Application that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.7 RECYCLABLE PRODUCTS

Applicant shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFA and the subsequent Contract/Price Agreement. (ORS 279B.025)

6.8 PRINTING, BINDING, AND STATIONERY WORK

Except as provided in ORS 282.210(2), all printing, binding and stationery work, including https://www.oregon.gov/das

DAS Procurement Services, Version 4.0 – March 25, 2018 Page 23 of 69 the manufacture of motor vehicle registration plates and plates required to be affixed to motor carriers, for the State or any county, city, town, port district, school district, or other political subdivision, must be performed within the State.

6.9 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFA are provided only as a courtesy to prospective Applicant. Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Applicant is solely responsible for reviewing and understanding the RFA and complying with all the requirements of this RFA, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Applicant based upon, resulting from, or related to, Applicant’s failure to comprehend all requirements of this RFA.

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Attachment A

Price Agreement Number ######

STATE OF OREGON

PRICE AGREEMENT

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.