6124-0 final.pdf

STATE OF OREGON

COVER PAGE

DEPARTMENT OF HUMAN SERVICES

OREGON HEALTH AUTHORITY

ODHS & OHA Request For Proposals (RFP) Number 6124 OregonBuys Bid Number S-10000-00013757 for

AGENCY WITH CHOICE SERVICES

Date of Issue: July 23, 2025

Opening Date & Time (Proposals Due): 9AM PST, August 25, 2025

Points of Contact:

Geoffrey Nowak, Procurement Contract Specialist & Stephanie Morgan, Procurement Contract Specialist

Address: 635 Capitol Street NE, Suite 350 City, State, Zip: Salem, OR 97301 Phone: (503) 509-5694 & (971) 283-6279

E-mail:

geoffrey.nowak@odhsoha.oregon.gov & stephanie.b.morgan@odhsoha.oregon.gov

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:geoffrey.nowak@odhsoha.oregon.gov

DAS Procurement Services, Version 4.5 March 31, 2023 OregonBuys Bid Number S-10000-00013757 Page 2 of 37

RFP # 6124

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 POINTS OF CONTACT (POC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 ODHS & OHA OVERVIEW

2.4 BACKGROUND

2.5 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.2 MINIMUM QUALIFICATIONS

3.3 TECHNICAL PROPOSAL REQUIREMENTS

3.4 PRICE PROPOSAL

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 RANKING OF PROPOSERS

4.12 NEXT STEP DETERMINATION

4.13 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY< EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 SUBSEQUENT PROCUREMENTS

6.7 COST OF SUBMITTING A PROPOSAL

6.8 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.9 RECYCLABLE PRODUCTS

6.10 CHECKLIST DISCLAIMER

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LIST OF ATTACHMENTS

ATTACHMENT A DEFINITIONS

ATTACHMENT B OAR CHAPTER 411, DIVISION 39

ATTACHMENT C SAMPLE CONTRACTS

ATTACHMENT D LABOR RELATIONS AGREEMENT ATTESTATION

ATTACHMENT E DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT F PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT G COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT H RESPONSIBILITY INQUIRY

ATTACHMENT I QUARTERLY PROGRAM REPORT TEMPLATE

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

In the 2024 legislative session, the Oregon State Legislature appropriated funding under House Bill (HB) 4129 to the Oregon Department of Human Services (ODHS) and the Oregon Health Authority (OHA). The House Bill was signed into law by Governor Tina Kotek on March 27, 2024, with an effective date of January 1, 2026. The law mandates the establishment of the Agency with Choice (AwC) program (“Program”), a new self-directed service delivery model for older adults, individuals with physical disabilities, and individuals with behavioral health conditions (“Individuals”) to co-employ Direct Support Workers (DSW). This allows Individuals to direct their own care services while a Contractor provides the administrative functions of an employer and supports Individuals in managing care services provided in their own home. This self-directed service delivery model is designed to empower Individuals receiving care and provide flexible employment options to Direct Support Workers in the performance of caring for Individuals.

The State of Oregon, acting by and through the Oregon Department of Human Services and the Oregon Health Authority (hereinafter collectively referred to as the “State”), are issuing this Request for Proposal (RFP) under the provisions of ORS 279B.060 for qualified Contractor(s) to provide “Agency with Choice” services.

The initial term of the Contract is anticipated to be two (2) years with options to renew up to a cumulative maximum of five (5) years.

The Work required under this RFP, Section 2.5, Scope of Work (SOW)/Specifications, is inclusive and representative of both the OHA population to be served (“OHA Population”) and the ODHS population (“ODHS Population”) to be served (collectively the “Entire Population”). See Section

2.4 below for additional details on current approximate Population volumes.

The State may award a maximum of four (4) Contracts resulting from this RFP. Pursuant to HB 4129, Contract awards may only be executed with a maximum two (2) successful Proposers. The State, in its sole discretion, may award the Entire Population to one successful Proposer; or may award the Entire Population to multiple successful Proposers; or may award less than the Entire Population to multiple successful Proposers. The State will use its discretion in determining the number of awards to be made and the distribution of Contracts to serve the ODHS Population and/or the OHA Populations based on what is most advantageous to the State. Potential contract award outcomes possible under this RFP include but are not limited to the following:

a. The State may award the Entire Population to one (1) single successful Proposer; or

b. The State may award the Entire Population to two (2) successful Proposers; or

c. The State may bifurcate the OHA & ODHS Populations and award two (2) contracts to two

(2) successful Proposers, whereby one successful Proposer will be awarded the OHA Population, and the other successful Proposer will be awarded the ODHS Population; or

d. The State may award four (4) Contracts to two (2) successful Proposers, whereby the same two successful Proposers will each hold a Contract to serve the OHA Population and a

OregonBuys Bid Number S-10000-00013757 Page 5 of 37 contract to serve the ODHS Population.

e. The State may award three (3) Contracts to two (2) successful Proposers, whereby one

(1) successful Proposer will serve the ODHS Population and the OHA Population under two (2) separate Contracts; and a second successful Proposer will serve either the OHA or ODHS Population.

Proposers shall submit one (1) Technical Proposal describing how it will serve the entire Population. Proposers are required to submit a separate Price Proposal for each of the two

(2) Populations.

Proposers please note that the Oregon Administrative Rules related to this RFP have not yet been finalized. For purposes of responding to this RFP, Proposers are directed to use the draft Oregon Administrative Rules for ODHS for Chapter 411, Division 039 in Attachment B, and the temporary rules for OHA in OAR Chapter 309, Division 045 found at https://www.oregon.gov/oha/hsd/pages/mental-health-rules.aspx.

Additionally, and as a requirement of this RFP, Proposers must submit an auditor’s certified financial statement and other verifiable documentary evidence of fiscal solvency to demonstrate the Proposer has sufficient existing capital to operate the Program for 90 days post award of a Contract.

Contractors must comply with all applicable Federal and State laws and Medicaid requirements. Applicable laws include federal Fair Labor Standards Act and Oregon Employment Law.

Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications section.

1.2 SCHEDULE

The table below represents a tentative and approximate schedule of events. All times in this RFP are listed in Pacific Time and days/timeframes are listed in calendar days. All dates listed are subject to change.

Event Date & Time (if applicable) Pre-Proposal Conference 10:30AM, July 30, 2025 Questions / Requests for Clarification Due 5PM, July 31, 2025 Answers to Questions / Requests for Clarification Issued (approx.) 11AM, August 5, 2025

RFP Protest Period Ends 7 calendar days prior to RFP Opening Opening (Proposals Due) See RFP Cover Page Public Opening of Proposal(s) (approx.) August 25, 2025 Issuance of Notice of Intent to Award (approx.) September 8, 2025 Issuance of Notice of Intent to Award Protest Period Ends

7 calendar days after Notice of Intent to Award https://www.oregon.gov/oha/hsd/pages/mental-health-rules.aspx

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1.3 POINTS OF CONTACT (POC)

The POCs for this RFP are identified on the Cover Page, along with the POC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to both POCs, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

The State is issuing this RFP pursuant to its authority under Oregon Law 2024, Chapter 37.

The State is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137-047-0260. The State may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

See Attachment A for Definition of Terms related to this RFP.

2.3 ODHS & OHA OVERVIEW

2.4.1 Oregon Department of Human Services (ODHS)

The Oregon Department of Human Services is Oregon’s principal agency for helping Oregonians achieve well-being and independence through opportunities that protect, empower, respect choice, and preserve dignity, especially for those who are least able to help themselves. ODHS programs help Oregonians in their own communities achieve safety, well-being, and independence. ODHS efforts are guided by the ODHS Equity North Star. The four points of the Equity North Star are inclusivity, well-being, service and equity. The Equity North Star guides ODHS toward the vision of an agency free of racism, discrimination and bias.

The ODHS office of Aging and People with Disabilities (APD) is one of the five major programs that is the Oregon Department of Human Services, the primary human services agency serving the State of Oregon. In concert with the other four major programs, (Office of Child Welfare Services, Vocational Rehabilitation, the Office of Developmental Disability Services, and Self Sufficiency Programs), APD’s primary vision is to assist Oregon’s older adults and people with disabilities and their families, experience person-centered services, supports, and early interventions that are innovative and help maintain independence, promote safety, wellbeing, honor choice, respect cultural preferences, and uphold dignity.

https://www.oregon.gov/dhs/DHSNEWS/Pages/DM-2020-10-19.aspx https://www.oregon.gov/dhs/DHSNEWS/Pages/DM-2020-10-19.aspx

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APD has a long-standing history of providing home-and community-based services to Medicaid eligible individuals. Oregon is incorporating Agency with Choice model, a new approach of self-direction. APD designed this model to enhance in-home care options, allowing Individuals to receive necessary support while maintaining autonomy over their choices related to care they receive in their home and while under the care of a Direct Support Worker.

2.4.2 Oregon Health Authority (OHA)

The Oregon Health Authority’s mission is to ensure all people and communities can achieve optimum physical, mental, and social well-being through partnerships, prevention, and access to quality, affordable care. OHA is focused on transforming the health care system in Oregon by improving the lifelong health of Oregonians, increasing the quality, reliability, and availability of care for all Oregonians, and lowing or containing the cost of care so it’s affordable to everyone. OHA values health equity, service excellence, integrity, leadership, partnership, innovation and transparency. OHA is comprised of the OHA Director’s Office/Tribal Affairs and nine divisions: Agency Operations, Equity and Inclusion, External Relations, Fiscal and Operations, Health Policy and Analytics, Behavioral Health Division, Medicaid Division, Oregon State Hospital, and the Public Health Division.

OHA is at the forefront of lowering and containing costs, improving quality, and increasing access to health care to improve the lifelong heath of Oregonians. The Oregon Health Authority is responsible for the administration of state and federal medical assistance programs. OHA’s medical assistance programs employ a coordinated approach focusing on preventative and primary care that is evidence-based and culturally specific. Partnering with existing resources, such as families, counties, other state agencies, providers, advocates and communities is a critical path toward the state’s Triple Aim Goals of “better health, better care, and lower cost.”

OHA’s strategic goal of eliminating health inequities by 2030 is set to establish a health system that creates health equity when all people can reach their full health potential and well-being and are not disadvantage 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. The AwC Program will expand access to care services for Oregonians who would otherwise not be able to receive services under other programs or would have to leave their home in order to receive services.

OHA’s Medicaid Division administers Oregon’s Medicaid-funded behavioral health programs and supports individuals with behavioral health needs to live safely and independently in the community. Included in these programs are 1915(i) Home and Community Based Services (HCBS) and State Plan Personal Care (SPPC) services. These programs are designed to be person-centered, culturally responsive and aligned with each individual’s needs, values and goals. Services are delivered in coordination with local mental health programs, Service Coordinators, and provider agencies. The Agency with Choice Program will be available to Individuals as an additional model of in-home care, alongside the self-directed care models in which Individuals hire their own Direct Care Worker paid by the State. This will expand access to in-home care services for individuals

OregonBuys Bid Number S-10000-00013757 Page 8 of 37 who lack the capacity, support or resources to hire a direct care worker on their own or where in-home care services and providers are unavailable.

2.4 BACKGROUND

2.4.1 Program Overview

Effective January 1, 2026, the Program will be implemented by the State, aligning with the State’s goal of giving Oregonians greater control over their care services. The Program supports older adults, people with disabilities, and Individuals with behavioral health conditions in choosing and managing their care services while benefiting from the administrative and operational support of the Contractor. The Contractor shall deliver AwC services that empower Individuals to receive in-home support which ensures their rights and autonomy are respected. The Program promotes self-directed care while maintaining co-employment arrangements with the Contractor and the Individual being served. The resulting Contract aims to operationalize the AwC program by establishing operational standards, providing training, and ensuring ongoing services and support for each Individual and their DSW.

Under the resulting Contract from this RFP, the Contractor shall act as the employer of record for DSWs and receive reimbursement from the State while both the Individuals receiving care services and Contractor manage DSWs. This new provider type expands options to Individuals receiving services, maintaining their control in overseeing their own care, while offering workers who serve Oregonians a flexible employment arrangement within a self-directed service delivery model.

Key outcomes include:

a. Individuals will maintain control over the care they receive, allowing them to select and manage oversight of their chosen DSW’s work responsibilities.

b. The Contractor will act as the employer of record for the DSWs, handling administrative functions such as payroll, taxes, and compliance with employment regulations.

c. The Contractor must encourage full participation in the Program to Individuals by providing as-needed comprehensive language access, ensuring Individuals understand the services offered under the Program and understand options available to them regarding their care. Individuals have the right to receive the support of a qualified and/or certified interpreter and the right to receive written translations in their preferred language. Please reference the following policy:

https://sharedsystems.dhsoha.state.or.us/DHSForms/Served/dhsoha010- 013.pdf

d. DSWs will be offered flexible employment opportunities within a self-directed care model, improving worker satisfaction and service quality.

e. The Contractor shall implement the Program as defined by Oregon Law 2024, Chapter 37, Chapter 411, Division 039 for ODHS, Chapter 309, Division 045 for

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OHA, and Chapter 410 Division 120 for OHA, and Chapter 410 Division 172 for

OHA.

f. Contractors must comply with all applicable Federal and Oregon State laws and Medicaid requirements. Applicable laws include Federal Fair labor Standards Act and Oregon Employment Law.

2.4.2 Service Population

The data below provides an overview of the number of Individuals receiving care by county. For confidentiality purposes, in counties where the number of Individuals served is less than 11, the number of Individuals is denoted by an asterisk “*”.

Currently, there are approximately 1,000 individuals receiving OHA-related home care services (current OHA Population). The care workers providing these services are estimated to be working approximately 45 hours per month.

From October 2023 to September 2024, the number of Individuals with mental health conditions who received home care services is as follows:

County Individuals Currently Served

Baker * Benton 15 Clackamas 31 Clatsop * Columbia 17 Coos 24 Crook * Curry * Deschutes 21 Douglas 36 Jackson 39 Jefferson * Josephine 27 Klamath 15 Lake * Lane 205 Lincoln 19 Linn 15 Malheur * Marion 68 Multnomah 227 Polk 48 Tillamook *

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Umatilla * Union * Wallowa * Wasco * Washington 87 Yamhill 17 Grand Total 953

In September 2024, the below data was released representing the number of Individuals receiving all ODHS-related (current ODHS Population) Medicaid funded long-term care services broken down by county. This includes Individuals in a range of settings, such as nursing facilities and adult foster homes. Of that total, approximately 24,000 Individuals are served specifically through in-home setting.

County Individuals Currently

Served Baker 130 Benton 425 Clackamas 3325 Clatsop 374 Columbia 396 Coos 938 Crook 163 Curry 277 Deschutes 1214 Douglas 851 Gilliam 20 Grant 68 Harney 55 Hood River 108 Jackson 1708 Jefferson 239 Josephine 1204 Klamath 599 Lake 39 Lane 4264 Lincoln 619 Linn 1487 Malheur 310 Marion 3392

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Morrow 50 Multnomah 9627 Polk 678 Sherman * Tillamook 135 Umatilla 648 Union 228 Wallowa 82 Wasco 254 Washington 3810 Wheeler 31 Yamhill 1054 Grand Total 38,810

The care workers providing these ODHS-related services are estimated to be working approximately 90 hours per month.

A number of these Individuals will transition to the Program. Enrollment will grow over time. Service demand will be shaped by system capacity, Individual preferences, and the Contractor’s capacity to accommodate Program growth serving Individuals statewide and in underserved areas. Successful Proposer(s)/Contractor(s) must have the ability to evolve with the changing landscape of the Program while maintaining Individual-focused services.

2.5 SCOPE OF WORK (SOW)/SPECIFICATIONS

The OAR Chapter 411, Division 039 rules and OAR Chapter 309, Division 045 rules are subject to revision during the term of the Contract awarded as a result of this RFP. As a requirement under this RFP and the resulting Contract award, the Proposer/Contractor acknowledges and agrees that the most current approved version of these OARs will automatically apply to the awarded Contract without requiring an amendment to the RFP or Contract.

Under the resulting Contract from this RFP, a Contractor shall perform in accordance with the following requirements of this entire Section 2.5.

2.5.1 General Requirements

a. Fulfill the ODHS-related Work in compliance with all requirements as stated in the OAR Chapter 411 Division 039 rules in the performance of the Work under this SOW.

The Contract awarded to fulfill the OHA-related Work shall comply with all requirements as stated in the OAR Chapter 309 Division 045, and Oregon Law 2024, Chapter 37 in the performance of the Work under this SOW.

b. Ensure the Work conducted under the resulting Contract are delivered to Individuals statewide and any Individual who choses Agency with Choice. The Work must be tailored to meet the Individual’s needs and provided appropriately, timely, and are

OregonBuys Bid Number S-10000-00013757 Page 12 of 37 properly supervised.

c. Act as a co-employer of the DSW with the Individual or the Authorized Representative, providing self-directed care services and implementing policies and procedures that align with OAR Chapter 411 Division 039 and OAR Chapter 309 Division 045 rules.

d. Supervise, train, and monitor the conduct of all Program staff when acting within the scope of their employment or duties under the resulting Contract. Contractor shall act as the employer of record, providing its DSWs performing under the AwC program with administrative support for payroll and employment-related taxes, including, but limited to workers’ compensation premiums and unemployment taxes.

e. Assist the Individual or their Authorized Representative in maintaining a safe and healthy workplace environment in self-direction and in the roles, rights, and responsibilities as co-employers to DSWs.

f. Maintain confidentiality and comply with all Federal and Oregon State laws governing Medicaid in-home care services.

g. Contingent upon a union’s intent to bargain, Contractor shall execute a signed Labor Peace Agreement with a bona fide labor organization that protects the State’s interest.

h. Comply with ORS 652.220 to provide equitable and non-discriminatory services to all individuals, regardless of race, color, religion, national origin, age, sex, sexual orientation, gender identity, disability, or any other protected status under state or federal law.

i. Provide language access for all Individuals and DSWs. This includes but is not limited to interpreters, translations, virtual meeting access, large print, and braille materials.

j. Ensure the safe provision of assistance according to the Individuals Person-Centered Service Plan and as directed by the Individual or the Authorized Representative.

k. Cooperate with all review activities, compliance reviews, and investigations deemed necessary by the State for the purpose of monitoring of any provision of the Work, including participation in conferences with the State as requested (See OAR Chapter 411 Division 039 and OAR Chapter 309 Division 045 rules). Compliance reviews will occur at least 90 days prior to the renewal of a license.

l. Maintain a governance structure and administrative practices to ensure effective daily management of operations.

m. Develop and provide a Disclosure Statement signed by either the Individual or the Authorized Representative when the Individual has accepted to receive services. The Disclosure Statement must be specific to the services provided to the Individual as defined in OAR Chapter 411, Division 039 and OAR Chapter 309, Division 045 rules.

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n. Deliver a Final Draft Implementation Plan, which complies with OAR Chapter 411 Division 039 and OAR Chapter 309 Division 045 rules, and:

(1) Describes specific steps the Contractor will take to operationalize the Program statewide, including measurable objectives and a schedule and milestone plan to implement the Program;

(2) Describes the integration of person-centered planning in its services delivery model;

(3) Describes streamlined and user-friendly administrative processes for documentation of compliance tracking and for providing coordination services to Individuals; and

(4) Describes how administrative and professional oversight will be carried out and maintained to ensure quality services are delivered with a focus on self-direction and focus on meeting the needs of each Individual.

o. Create an Advisory Board using focus groups of Individuals or employing other methods approved by the State to promote self-direction and maximize an Individual’s autonomy and control over their daily service. Contractor and Advisory Board will collaborate with Individuals in designing and implementing the Program.

The Advisory Board must receive approval by the State.

p. Meet with the State for progress meetings no less frequently than quarterly, and collaborate with the State to address barriers to Program implementation.

q. Contractor must designate an Administrator who is responsible for overall Program operations and compliance with all OARs Chapter 411, Division 039, and OAR Chapter 309, Division 049 rules.

r. The Contractor will be reimbursed for one completed initial assessment per Individual, per year, for up to three (3) hours. Reimbursement will be at the ADL and IADLs rate for that time period, which is currently $42.12/hour.

s. Submit a completed Provider Enrollment Application Agreement (PEA). The PEA must be completed and signed to be enrolled as a Medicaid provider and be eligible to receive Medicaid payment.

t. Contractor shall maintain an office location within the State of Oregon.

2.5.2 Direct Support Worker Requirements

a. Assist Individuals to recruit and retain DSWs with Activities of Daily Living (ADLs) and Instrumental Activities of Daily Living (IADLs) tasks, and health related tasks as defined in the Individual’s Service Plan. Coordination with the Individual to schedule DSWs prioritizing the Individual’s choices, need and preferences, including a backup plan as defined in OAR Chapter 411, Division 039and OAR Chapter 309, Division 045 rules.

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b. Maintain a personnel record for each DSW. Each record shall have the appropriate documentation on file, including but not limited to a valid driver license and current auto insurance if DSW is transporting the Individual(s) under the resulting Contract. The records must be maintained for a minimum of seven (7) years from end of employment. DSW personnel records must be available upon the request of the State.

c. Ensure that all DSWs meet applicable employment and programmatic requirements prior to providing services as defined in OAR Chapter 411 Division 039 and OAR Chapter 309 Division 045 rules.

d. Provide orientation to DSWs, Individuals, and other Contractor Program staff to include: best practices and basic requirements; confidentiality; training on abuse prevention; and, at the request of the Individual or the Authorized Representative, training on Individuals’ specific needs.

e. Provide the State with DSW training plans and curriculum that meets Oregon Home Care Commission standards, person-centered planning, mandatory reporting obligations, and medication safety. Training plans and curricula must be approved by ODHS/OHA as prescribed in Chapter 411 Division 039 and OAR Chapter 309 Division 405 rules.

2.5.3 Self-Directed Plans

a. Comply with all applicable OARs, Chapter 411, Division 039, Chapter 309, Division 045, Chapter 410, Division 120, and Chapter 410 Division 172 rules.

b. In collaboration with the Individual, or their Authorized Representative, and Individual’s OHA Service Coordinator or ODHS Case Manager Contractor (as applicable), ensure services are provided in accordance with a written Person- Centered Service Plan and that meets the Individual’s needs by promoting self-direction, autonomy, and dignity.

c. Ensure timely communication with relevant parties.

d. Contact and evaluate the Individual’s Person-Centered Service Plan with the Individual or their Authorized Representative at least every six months, with at least one (1) annual in-home visit with the Individual, or more frequently as requested by the Individual, or the Authorized Representative. The visits must be determined jointly between the Contractor and the Individual, or their Authorized Representative based on the preferences and needs of the Individual.

e. Ensure all significant Change of Conditions that is a major change to an Individual’s health or functional abilities is communicated to the Case Manager or Service Coordinator and documented. The DSW(s) must be updated, as needed, as defined in OARs. Chapter 411 Division 039 and OAR Chapter 309 Division 045 rules.

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f. Comply with any requested changes from the Individual or their Authorized Representative, such as preferred days to receive services, provided the changes do not require modifications to the Individual’s Person Centered Service Plan that would result in the change of authorized hours or tasks.

2.5.4 Policies and Procedures

a. Develop and implement policies and maintain procedures and operational framework to align with self-directed services in compliance with OAR Chapter 411 Division 039, OAR Chapter 309 Division 405 rules, Oregon Law 2024, Chapter 37, and Federal, state, and local laws, including Medicaid HCBS standards and access requirements, and laws and regulations on non-discrimination;

b. Develop and implement an effective Incident or Critical Incident Reporting System in accordance with the State’s standards. This includes timely submission of proper documentation, and communication.

c. Develop and maintain a quality assurance system and performance improvement plan to evaluate and monitor the quality, safety and appropriateness of the services provided by DSWs.

d. Develop separate policies and procedures for ODHS and OHA for contacting the applicable Agency with Choice Administrator or Administrator’s designee during all available hours during which services are provided to Individuals.

e. Develop and implement an Emergency and Continuity of Operations Plan to ensure the stability of administrative functions and the uninterrupted delivery of essential business operations during emergencies or disasters.

f. Develop and maintain personnel operations policy and procedures including a well-defined process for hiring, training, evaluating, retaining, and managing staff including DSWs requested by the Individual or Authorized Representative under the resulting Contract.

g. Develop and implement Individual notification procedures for the provision of disseminating information to Individuals of their rights, services provided, and any changes affecting their care.

h. Develop policies and procedures for the provision of managing Individual’s records including details for controlling access and providing secure storage.

Individual records must be made available upon request to the Individual and the Individual’s Representative.

i. Develop medical and non-medical emergency response and infection control plans, including details on staff responsibilities, communication, and documentation.

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2.5.5 Records Maintenance & Reporting

a. Contractor shall maintain documentation to demonstrate compliance with OAR Chapter 411 Division 039, OAR Chapter 309 Division 045, and OAR 411-033-0030 (Provider Enrollment Requirements) and OAR Chapter 943, Division 120 rules.

b. Contractor’s records related to the Contract must be kept separate and distinct from other entities with whom the Contractor does business.

c. Contractor must submit and provide required reports to the State as outlined in OAR Chapter 411 Division 039 and OAR Chapter 309 Division 045 rules.

d. Contractor must comply with the requirements in OAR 411-020-0100, OAR 411- 020-0105, OAR Chapter 419, Division 110 rules and the requirements therein for prompt reporting of fraud, waste and abuse in the Medicaid program.

Information on how to report may be found online at all times:

https://www.oregon.gov/oha/FOD/PIAU/Pages/Report-Fraud.aspx.

e. Contractor must submit all reports of the quality assurance system and performance improvement plans.

f. Contractor must provide a summary report or as requested by the State for each Individual. This requested information may include but is not limited to:

(1) Individual records;

(2) Quality improvement records;

(3) Complaint investigation findings;

(4) Organization, administration, and personnel records; and

(5) Individual audits of services and payments.

g. Contactor must submit a Quarterly Program Report summarizing activities and services provided in the previous calendar year. This report must include the following areas with more specifications described in Attachment I.

(1) Number of new Individuals this quarter;

(2) Number of current Individuals this quarter;

(3) Number of new DSW working for AwC Individual’s;

(4) Number of DSW that speak Individual’s primary language; and

(5) Individual Records.

h. Contractor shall submit to the State detailed cost reports that include the following:

(1) Average hourly wage provided to DSWs;

(2) Total costs of DSW wages and the hours provided to consumers;

(3) Total costs of DSW benefits including the types of benefits offered;

(4) Total costs for overtime of DSWs, the percentage of DSWs receiving overtime, and the average number of overtime hours worked per week;

https://www.oregon.gov/oha/FOD/PIAU/Pages/Report-Fraud.aspx

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(5) Total costs for mileage reimbursement to DSWs;

(6) Supervisor and trainer wages, benefits, and other expenses;

(7) Administrative costs and hours including CEO compensation;

(8) Other overhead including, but not limited to, details on building, IT, and corporate costs.

2.5.6 Electric Visit Verification Reporting Requirements

a. Contractor shall use a State-approved Electronic Visit Verification (EVV) system as defined in OAR Chapter 411 Division 039 and OAR Chapter 309 Division 045 rules.

b. Contractor shall comply with section 12006(a) of the 21st Century Cures Act (Public Law 114-255, United States Code 42 U.S.C 241(d)(4)), which was designed to improve the quality of care provided to Individuals through furthered research and enhanced quality control. The following data elements are required to be captured electronically at the time of DSW service delivery under this Contract:

(1) The type of service performed;

(2) The Individual receiving the service;

(3) The date of the service;

(4) The location where the service is performed/provided of the service;

(5) The DSW providing the service; and

(6) The time the service begins and ends.

c. Contractor shall provide all required EVV data to the State’s designated data aggregation provider. Costs for facilitating EVV information exchange with the designated data aggregation provider shall be the responsibility of the Contractor as an administrative expense and will be reimbursed at the current rate of $5.50 per Individual per month which is subject to change via written amendment to the Contract.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

To be considered for evaluation, Proposer’s OregonBuys Proposal submission must contain each of the following elements:

• Cover Letter

• Technical Proposal

• Key Person(s) Resumes

• Price Proposal

• Labor Relations Agreement Attestation (Attachment D)

• Disclosure Exemption Affidavit (Attachment E)

• Proposer Information and Certification Sheet (Attachment F)

• COBID Certification / Outreach Plan (Attachment G)

• Responsibility Inquiry (Attachment H)

OregonBuys Bid Number S-10000-00013757 Page 18 of 37

3.1.1 Technical Proposal Page Limits

Proposal is limited to 35 pages. Any pages exceeding this limit will not be provided to the Evaluation Committee(s) or considered in the evaluation. The following items do not count toward the page limit:

• Resumes

• Price Proposal(s)

• Disclosure Exemption Affidavit (Attachment E)

• Proposer Information and Certification Sheet (Attachment F)

• COBID Certification / Outreach Plan (Attachment G)

• Responsibility Inquiry (Attachment H)

• Signed Labor Relations Agreement Attestation (Attachment D)

• Tax Compliance Certification

3.1.2 Proposal Format and Quantity

a. Proposal should follow the format and reference the Sections listed in the Proposal Requirements Section. Responses to each Section and Subsection should be labeled to indicate the item being addressed.

b. OregonBuys Electronic Response.

(1) Proposer must submit its Proposal electronically through OregonBuys in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). Do not upload documents using any special characters.

(2) Attachments E-H must be submitted together as a single separate attachment in OregonBuys. For the purposes of this RFP, Attachments E-H are not considered part of the Proposer’s “Technical Proposal” as it relates to this RFP and Public Records Requests.

(3) See Section 3.4 below for specific instructions on submitting a Price Proposal in OregonBuys.

c. Attachment F, Proposer Information and Certification Sheet, must be submitted bearing the Proposer’s authorized representative’s Signature.

d. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment E). In such event, Proposer shall also submit two Proposals OregonBuys as follows:

(1) One that is redacted in manner that is consistent with the completed Disclosure Exemption Affidavit (Attachment E); and

(2) One that is not redacted and is marked “Confidential.”

e. In the event Proposer fails to submit Attachment E together with a redacted copy of the Proposal at the same time Proposer submits its unredacted Proposal, that failure will serve as a waiver of such Proposer’s right to claim any part of its Proposal is exempt from disclosure under Oregon Public Records Law. Note too that it is the actual application of the Oregon Public Records Law that will determine whether any

OregonBuys Bid Number S-10000-00013757 Page 19 of 37 information included in a Proposal is exempt from disclosure. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP will be considered non- Responsive to this RFP and will not be considered further.

3.1.3 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by the State.

3.2 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this Section.

3.2.1 General Requirements

Proposers must maintain an office location within the State of Oregon. Proposers must identify and provide the physical address of its place of business located in the State of Oregon.

3.2.2 Licensing Requirements

a. Submit a signed Labor Relations Agreement Attestation (Attachment D).

b. Proposers must be free of incident of ownership history in any agency, facility, or business that failed to reimburse any state for Medicaid overpayments or civil penalties within the past five years.

c. Proposer must comply with ORS 656.017 and provide workers’ compensation insurance coverage for personnel proposed to perform Work under the AwC Program, unless Proposer meets exemption criteria under ORS 656.126(2).

d. Proposers must be free of incident of ownership history with any organization, facility, or business where the Proposer failed to compensate employees or pay worker's compensation, utilities, or other costs necessary for conducting its operations within the past five years.

e. Proposer must be free of incident of ownership history in any agency, facility, or home in any state that had its license or certification involuntarily suspended or terminated or voluntarily terminated during any state or federal sanction process within the past five years.

f. Proposer must be free of any incident of Medicaid fraud in any state, territory or the District of Columbia and must not be on the U.S. Office of Inspector General’s exclusion list or the U.S. General Services Administration’s System for Award Management exclusion list within the past 25 years.

g. Provide a Tax Compliance Certification issued by the Oregon Department of Revenue.

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3.2.2 Key Person Requirements

The Contractor shall employ a Program Administrator who must have a minimum of two

(2) years of management experience and/or professional experience in a health-related field for the daily operations and maintenance of the Program.

3.3 TECHNICAL PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this Section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

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

3.3.1. Cover Letter

a. Submit a Cover Letter setting forth any information the Proposer wishes to bring to the attention of Agencies. The Cover Letter shall stipulate that the Proposers’ Proposal is predicated upon all the terms and conditions of this RFP. In addition, it must contain a statement that the Proposers’ Proposal acceptance period is valid for at least one (1) year from the date of receipt by the State.

b. The Cover Letter shall also:

(1) Provide evidence Proposer meets requirements per Section 3.2.1a of this

RFP;

(2) Confirm Proposer agrees to comply with the Minimum Qualification requirement set forth in Section 3.2.2c above;

(3) Identify the Contact person for the Proposer’s proposal, and include that person(s), address, phone number, and e-mail address; and

(4) Include the name and signature of an authorized representative of the Offeror’s organization.

3.3.2. Organization & Staffing (15 pages in length maximum)

a. Proposer must submit resumes (not to exceed 2 pages each) for each Key Personnel (including subcontractors) with relevant background, knowledge, skills, and training that demonstrates they have the ability to successfully perform the Work described in this RFP. Resumes must be attached as a separate attachment in OregonBuys. Resumes of each Individual must include:

(1) Candidate’s education,

(2) Chronological history of employment, and

(3) Relevant licenses and certifications.

b. Describe the hierarchy and relationships among the entire organization, OregonBuys Bid Number S-10000-00013757 Page 21 of 37 including and related to the Key Personnel and provide an organizational chart demonstrating the structure of organization among Key Personnel (e.g.

President, VP, Business Office Manager, Executive Director, Program Manager, Operations Manager, etc.). Clearly define the roles and responsibilities of the Individuals, the Administrator, staff, and DSWs. Discuss a contingency plan to manage turnover in its personnel who will have direct contact with Individuals.

c. Describe training plans, and curriculum for DSWs, Individuals, and other Contractor Program staff.

d. Describe how Proposer will ensure its staff will possess and maintain the required qualifications to include education, experience, qualifications, licenses, positively adjudicated background check, and credentials for the positions to which they are assigned.

e. Describe an approach to designing a training curriculum to DSWs and delivering standardized training that meets Oregon Home Care Commission standards and meets person-centered planning and mandatory reporting obligations as prescribed in OAR Chapter 411, Division 039.

f. Describe how Proposer and the Individual or the Authorized Representative will act as a co-employer of the DSW(s).

g. Discuss how disputes between Individuals and DSWs will be handled. Describe how Proposer’s incident, and critical incident reporting system will ensure timely reporting and resolution of health, safety, or services related incidents at the time of any services being provided.

h. Describe how Proposer’s organization will have adequate facilities space to successfully carry out its responsibilities under the resultant Contract.

i. Describe how Proposer’s plan to provide policies and procedures will comply with OARs Chapter 411 Division 039 and OAR 309-045, OAR 410-172 and 410 173, Oregon Law 2024, Chapter 37, as well as Federal, state, and local laws, including Medicaid HCBS standards (42 USC §405(c)(2)(C)(i) (United States Code), 42 CFR §455.104 (United States Code of Federal Regulation) and 26 CFR §301-6109-1).

Summarize each of the policies and procedures described in Section 2.5.4 of this RFP at a high level and include timeframe for when Proposer will deliver drafts of each policy/procedure to the State for review/approval (e.g. within one week of contract award, two weeks, 30 days, etc.).

j. Proposal shall include a plan demonstrating how Proposer will assist Individual’s with recruiting and retaining DSWs, coordinating DSW schedules that reflect the Individual’s preferences and priorities, and ensuring back-up plans are established to maintain continuity of care.

3.3.3. Implementation Plan and Technical Approach (up to 15 pages in length maximum)

a. Submit a written Draft Implementation Plan that outlines the strategic and creative framework for how the Proposer will comply with, and carry-out, the Scope of Work for this RFP at Section 2.5 and pursuant to OAR Chapter 411 Division 039 and OAR Chapter 309 Division 045 rules to include a schedule and milestones for the implementation plan upon post-award of the Contract.

OregonBuys Bid Number S-10000-00013757 Page 22 of 37

Proposer will describe its technical approach to the integration of person-centered planning in its services delivery model.

b. Submit an auditor’s certified financial statement and other verifiable documentary evidence of fiscal solvency to demonstrate the Proposer has sufficient existing capital to operate the Program for 90 days as defined in OAR Chapter 411 Division 039 and OAR Chapter 309 Division 045 rules. For each component of the Proposer’s proposed schedule and milestone required per Section 3.3.3a, the Proposer’s proposed Implementation Plan shall describe how its existing financial resources align and will be applied during each phase of the Implementation Plan throughout the first 90 days following effectiveness of the Contract.

c. Describe an approach to providing Individuals with care services that are self-directed and self-driven and align with Agency with Choice OAR Chapter 411 Division 039 and OAR Chapter 309 Division 045 rules. Describe how the supports provided to Individuals by the Proposer under a Contract resulting from this RFP will enhance the independence, autonomy, and quality of life for Individuals receiving care. Discuss how the AwC services offered will be clearly communicated to Individuals and their families or Representatives.

d. Describe an approach to developing and maintaining an Advisory Board to guide the implementation and continuous improvement of the Program. Describe how the Proposer will collaborate with Individuals; specify the target number of Advisory Board members the Proposer will convene; their roles; and the frequency of how often the Advisory Board will convene.

e. Describe the administrative services such as coordinating delivery of services and how documentation is collected, maintained, and retained in accordance with the OAR Chapter 411, Division 039, and OAR Chapter 309, Division 045 rules.

f. Describe Proposer’s approach to providing equitable and non-discriminatory services to all Individuals, regardless of race, color, religion, national origin, age, sex, sexual orientation, gender identity, disability, or any other protected status under state and federal law.

g. Describe the methods the proposer will use to operationalize a quality Agency with Choice Program statewide, ensuring timely delivery and supervision of services while maintaining compliance with regulations, and how effectively the needs of rural and underserved areas will be addressed.

3.3.4 Past Performance (up to 5 pages in length maximum)

a. Proposers responding to this solicitation must provide a list of three (3) previous contract references for which Proposer has successfully and satisfactorily provided identical or similar work or other verifiable work experience from other states as the prime contractor within the last ten (10) years. With respect to the references required to be submitted:

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(1) At least one (1) of the three references must be past performance for which the Proposer is/was under contract providing relevant services…