Addendum #1-RFP Document.pdf

STATE OF SOUTH DAKOTA

OFFICE OF PROCUREMENT MANAGEMENT

523 EAST CAPITOL AVENUE

PIERRE, SOUTH DAKOTA 57501-3182

Independent Living Services Program – Community Resource People

PROPOSALS ARE DUE NO LATER THAN 03.28.2023 by 5:00 p.m. (CST)

RFP #23RFP8443 BUYER:

Division of Child Protection Services

POC: Kirsten Smart Kirsten.Smart@state.sd.us

READ CAREFULLY

FIRM NAME: AUTHORIZED SIGNATURE:

(Digital Signature allowed)

ADDRESS: TYPE OR PRINT NAME:

CITY/STATE: TELEPHONE NO:

ZIP (9 DIGIT): FAX NO:

FEDERAL TAX ID#: E-MAIL:

PRIMARY CONTACT INFORMATION

CONTACT NAME: TELEPHONE NO:

FAX NO: E-MAIL:

mailto:Kirsten.Smart@state.sd.us

ADPR24277

Typewritten Text Addendum #1: This RFP replaces any other preceding RFP's due to date changes and corrections.

RFP 8443 CRP Page 2 of 16

1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

1.2

1.3

1.4

The purpose of this request for proposal is to select an offeror to support the program areas and eligibilities set forth by the John H. Chafee Foster Care Program for Successful Transition to Adulthood (SEC. 477. [42 U.S.C. 677]). The South Dakota Independent Living Program will oversee this program, known as the Community Resource People Program (CRP Program). The CRP Program will provide support to youth who have experienced foster care at age 14 or older in their transition to adulthood through transitional services such as assistance in obtaining a high school diploma and post-secondary education, career exploration, vocational training, job placement and retention, training and opportunities to practice daily living skills (such as financial literacy training and driving instruction), substance abuse prevention, and preventive health activities (including smoking avoidance, nutrition education, and pregnancy prevention). The CRP Program will help children who have experienced foster care at age 14 or older achieve meaningful, permanent connections with a caring adult and help the children engage in age or developmentally appropriate activities, positive youth development, and experiential learning that reflects what their peers in intact families experience. The CRP Program will provide case management services for youth between 18 and 21 years of age to complement their own efforts to achieve self-sufficiency and to assure that program participants recognize and accept their personal responsibility for preparing for and then making the transition from adolescence to adulthood. The CRP Program will assist in collection of data for the National Youth in Transition Database, remaining in contact with youth until age 21. The CRP Program will assist in the Educational and Training Voucher Program, supporting participating youth up to the age 26 or as eligibility allows. The services will be provided in the seven (7) Division of Child Protection Services’ Regions that cover South Dakota’s 66 counties.

ISSUING OFFICE AND RFP REFERENCE NUMBER

The Department of Social Services is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota, Division of Child Protection Services. The reference number for the transaction is RFP #23RFP8443 . Refer to this number on all proposals, correspondence, and documentation relating to the RFP.

Please refer to the Department of Social Services website link http://dss.sd.gov/keyresources/rfp.aspx for the RFP, any related questions/answers, changes to schedule of activities, amendments, etc.

LETTER OF INTENT

All interested offerors are requested to submit a non-binding Letter of Intent to respond to this RFP. While preferred, a Letter of Intent is not mandatory to submit a proposal.

The letter of intent should be received by email in the Department of Social Services by no later than 02.28.23 and addressed to Kirsten.Smart@state.sd.us. Place the following, exactly as written, in the subject line of your email: Letter of Intent for RFP #23RFP8443. Be sure to reference the RFP number in any attached letter or document.

Be sure to reference the RFP number in your letter.

SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication 02.14.23 Letter of Intent to Respond Due 02.28.23 Deadline for Submission of Written Inquiries 02.28.23 Responses to Offeror Questions 03.14.23 http://dss.sd.gov/keyresources/rfp.aspx mailto:Kirsten.Smart@state.sd.us

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Proposal Submission 03.28.23 by 5pm CST Proposal Revisions (if required) To be announced if needed Anticipated Award Decision/Contract Negotiation 04.18.23

1.5 SUBMITTING YOUR PROPOSAL

All proposals must be completed and received by the Division of Child Protection Services by the date and time indicated in the Schedule of Activities.

Proposals received after the deadline will be late and ineligible for consideration.

Proposals must be submitted as PDFs via Secured File Transfer Protocol (SFTP). Offerors must request an SFTP folder no later than March, 28 2023, by emailing Kirsten Smart at Kirsten.Smart@state.sd.us.

The subject line should be “RFP 22RFP8443 SFTP Request”. The email should contain the name and the email of the person who will be responsible for uploading the document(s).

Please note, offeror will need to work with their own technical support staff to set up an SFTP compatible software on offeror’s end. While the State of South Dakota can answer questions, State of South Dakota is not responsible for the software required.

All proposals may be signed in ink or digitally by an officer of the offeror legally authorized to bind the offeror to the proposal, and sealed in the form intended by the respondent. Proposals that are not properly signed may be rejected.

No proposal may be accepted from, or any contract or purchase order awarded to any person, firm or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota.

1.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the offeror is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to their offer.

1.7 NON-DISCRIMINATION STATEMENT

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

1.8 RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred

RFP 8443 CRP Page 4 of 16 thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.9 CERTIFICATION RELATING TO PROHIBITED ENTITY

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by South Dakota Executive Order 2023-02. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.10 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.11 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after 02.28.23. Email inquiries must be sent to Kirsten.Smart@state.sd.us with the following wording, exactly as written, in the subject line: RFP 23RFP8443 Questions.

The Department of Social Services (DSS) will respond to offerors’ inquiries by posting offeror aggregated questions and Department responses on the DSS website at http://dss.sd.gov/keyresources/rfp.aspx no later than 03.14.23. For expediency, DSS may mailto:Kirsten.Smart@state.sd.us http://dss.sd.gov/keyresources/rfp.aspx

RFP 8443 CRP Page 5 of 16 combine similar questions. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP.

1.12 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information.

Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

Offerors may submit a redacted copy of their proposal when they respond though this is optional.

1.13 LENGTH OF CONTRACT

The contract resulting from this RFP will be issued for a period of one (1) one-year (effective 06.01.2023) and up to (4) four, one-year option renewal periods not to exceed four (4) years at the discretion of the State of South Dakota based on performance and/or the continued availability of funds. The laws of South Dakota shall govern this transaction.

1.14 GOVERNING LAW

Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in Hughes County, State of South Dakota. The laws of South Dakota shall govern this transaction.

1.15 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the State. However, the State may award a contract based on the initial proposals received without discussion with the offeror. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the offeror’s expense.

This process is a Request for Proposal/Competitive Negotiation process. Each Proposal shall be evaluated, and each respondent shall be available for negotiation meetings at the State’s request.

The State reserves the right to negotiate on any and/or all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2.0 STANDARD AGREEMENT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include, at minimum, the State’s standard terms and conditions as seen in Attachment A. As part of the negotiation process, the contract terms listed in Attachment A may be altered or deleted.

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The offeror should indicate in their response any issues they have with any specific contract terms. If the offeror does not indicate any contract term issues, then the State will assume the terms are acceptable.

3.0 SCOPE OF WORK

The Department of Social Services’ vision is Strong Families – South Dakota’s Foundation and Our Future. The Division of Child Protection Services’ purpose is working together to bring safety, permanency, and well-being to families to build a better tomorrow. As part of the Department of Social Services mission to strengthen and support families, Child Protection Services provides services to children that have been placed into foster care because they cannot remain safe in their own home.

South Dakota law requires that the Department of Social Services provide services to children age 14 or older that are in foster care to assure that they are able to live independently as adults. These services are referred to as Independent Living Services. In addition, the Division of Child Protection Services provides Independent Living Services to youth that are expected to transition to adulthood from foster care (until the age of 21). In order to meet this responsibility, the Division of Child Protection Services developed a community-based contract program called the Community Resource People Program to provide support services to the youth. The role of the Community Resource People is to provide certain services that are part of the Independent Living Services program including: completing assessment of youth’s independent living needs; promoting connections; assisting youth toward completion of their educational goals; facilitating independence through support and collaboration with other stakeholders;

providing staff to coordinate and support the advocacy group Young Voices; and assisting youth in Child Protection Services care or youth that have left care with participating in the National Youth in Transition Database survey at the ages of 17, 19 and 21 year old.

There are seven regions composed of 19 Division of Child Protection Services’ offices to cover the 66 counties in South Dakota. Proposals must include service provision for all 66 counties.

Region 1 Region 1 consists of 1 county which is Pennington Approximate number of in-custody youth served annually:

45 - 55 youth 16 to 18 years old 1 - 6 youth 18 to 21 years old Region 2 Region 2 consists of 9 counties. Counties included in this area are Harding, Butte, Meade, Lawrence, Custer, Fall River, and Bennett counties.

Approximate number of in-custody youth served annually:

2 - 12 youth 16 to 18 years old 1 - 6 youth 18 to 21 years old Region 3 Region 3 consists of 13 counties. Counties included in this area are Perkins, Corson, Campbell, Ziebach, Dewey, Walworth, Stanley, Potter, Sully, Hyde, Hughes, Jones, and Haakon counties.

Approximate number of in-custody youth served annually:

23 - 33 youth 16 to 18 years old 2 - 7 youth 18 to 21 years old Region 4 Region 4 consists of 7 counties. Counties included in this area are Lyman, Buffalo, Mellette, Tripp, Brule, Gregory, and Todd counties.

Approximate number of in-custody youth served annually:

19 - 29 youth 16 to 18 years old 0 - 5 youth 18 to 21 years old Region 5 Region 5 consists of 22 counties. Counties included in this area are McPherson, Brown, Marshall, Robert, Edmunds, Day, Grant, Faulk, Spink, Clark, Codington, Deuel, Hamlin, Hand, Beadle, Kingsbury, Brookings, Jerauld, Sanborn, Miner, Lake and Moody counties.

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Approximate number of in-custody youth served annually:

21 - 31 youth 16 to 18 years old 0 - 5 youth 18 to 21 years old Region 6 Region 6 consists of 2 counties which are Minnehaha and Northern Lincoln counties Approximate number of in-custody youth served annually:

76 - 86 youth 16 to 18 years old 1 - 6 youth 18 to 21 years old Region 7 Region 7 consists of 13 counties. Counties included in this area are Aurora, Davison, Hanson, McCook, Charles Mix, Douglas, Hutchinson, Turner, Southern Lincoln, Bon Homme, Yankton, Clay, and Union.

Approximate number of in-custody youth served annually:

0 - 10 youth 16 to 18 years old 0 - 5 youth 18 to 21 years old

SFY2022 ILS Program Demographics 502 youth served (179 male / 323 female)

Age 14 or less 3 Fifteen 10 Sixteen 64

Seventeen 76 Eighteen 93 Nineteen 83 Twenty 48

Twenty-One 40 22 or More 85

237 youth served by Rapid City Community Resource Person’s 238 youth served by the Sioux Falls Community Resource Person’s 94 youth served by the Aberdeen Community Resource Person

3.1 Services for youth in Department of Social Services’ custody:

The offeror will be expected to provide services to youth that are in foster care under the custody of the Department of Social Services. The needed services will be based on a life skills assessment and the Independent Living Services case plan that is developed with the youth.

Describe in the RFP proposal how the offeror will:

A. Assure the Community Resource People services are available to the 66 counties in the state to youth in Child Protection Services, BIA, tribal child welfare and Department of Correction care.

Describe how these areas will be covered with the Community Resource People.

B. Identify a main location for each of the Community Resource People that will be providing services and their role with the program.

C. Work with youth age 16 and older, the Division of Child Protection Services, and the youth’s placement resource to complete a life skills assessment and implement the youth’s case plan related to development of independent living.

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D. Coordinate and collaborate with the Division of Child Protection Services and other key stakeholders to ensure seamless Independent Living Services for youth leaving care and services for youth still in care.

E. Provide individual assistance to youth and monitor, supervise and coordinate services for youth in key areas of independent living.

F. Stay connected with youth that were in the custody of the Department of Social Services and that have transitioned to adulthood from foster care by keeping contact with them through social networking avenues and other means.

G. Promote connection with family members and other significant people in the youth’s life.

H. Collaborate with youth who need adult support by establishing a mentor with youth (mentoring means that the youth has been matched with a trained adult for a one-to-one relationship for the purpose of providing guidance and support to the youth. Mentoring can be short-term, but it may also support the development of a long-term relationship).

I. Engage tribes to assist with services eligible to youth in tribal care, including Chafee and ETV supports.

3.2 Services to youth that have transitioned from foster care:

The offeror will be expected to be available to provide services to youth that were in foster care under the custody of any South Dakota state or tribal program and that have transitioned from foster care to help the youth to live independently within a community.

Describe in the RFP proposal how the offeror will:

A. Act as a central point of contact and referral source for Independent Living Services for youth between the ages of 18 to 21 or age of eligibility as outlined by federal law, that have transitioned to adulthood from foster care with additional consideration for youth with special needs.

B. Provide outreach to tribal child welfare programs regarding training and other independent living support services.

C. Use the Community Resource People positions to provide outreach and guidance to youth that have transitioned to adulthood with the National Youth in Transition Database survey that needs to be completed with the youth at age 19 and 21 that were in foster care.

D. Provided transitional case management services to youth that qualify for the Foster Youth to Independence (FYI) initiative for a period of 36 months to youth assisted through the FYI Program:

3.3 Training for youth in foster care:

The offeror will be responsible for coordinating and conducting two one-day regionalized workshops in four areas of the state each year and responsible to assist the Division of Child Protection Services with the statewide conference for youth that is held every year. The topics for the regional workshops and annual conference will be determined by the Independent Living Services Advisory Workgroup and will focus in the areas of health; education; employment; housing; transportation; legal issues; money management and other relevant independent living topics.

Describe in the RFP proposal how the offeror will:

A. Plan and conduct twice yearly Independent Living Services regional workshops in four area of the state to include:

• Training for youth on a variety of Independent Living Services topics.

• Foster parent training on independent living topics relevant to providing care to youth. The location of the one day regionalized workshops must allow for a reasonable travel distance to and from the workshop for transporting of youth by their respective guardians. This will require consideration for multiple locations depending on the size of coverage area and described in the proposal.

B. Provide outreach to youth under the care of other state and tribal child welfare programs regarding the regional workshops and annual teen conference.

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C. Assist the Division of Child Protection Service with the development and conducting of the annual teen conference.

3.4 Educational Support Services

Along with assurance that youth achieve a high school education, the Division of Child Protection Services assist youth in their efforts to obtain a post-secondary education. The Division of Child Protection Services receives funding from the federal government to provide financial assistance to youth that have transitioned from foster care to attend post-secondary education programs.

Describe in the RFP proposal how the offeror will:

A. Work with the Division of Child Protection Services to support and assist youth in attaining a high school education and tracking credits toward graduation.

B. Assist youth who were in foster care with Child Protection Services, other state programs, and tribal child welfare programs in planning for and attending a post-secondary education program.

Including assistance applying for Educational Training Vouchers.

3.5 Staff Competency

The offeror must provide assistance for the following program responsibility and expectations in the proposal and provide copies of policy and procedures materials upon request.

Describe in the RFP proposal how the offeror will:

A. Ensure Community Resource People have a combination of education and experience that is in line with the type of services being provided and the work required under the contract. If Community Resource People do not meet these qualifications upon employment, the offeror must describe a plan for ensuring that Community Resource People will meet training and educational requirements.

B. Ensure Community Resource People are able to communicate effectively and work collaboratively with other stakeholders.

C. Ensure Community Resource People have an understanding of child development and the dynamics of abuse and neglect.

D. Ensure that the Community Resource People understand the law regarding reporting of abuse and neglect and ensure that all employees will report suspected case of child abuse and neglect.

E. Provide training to the Community Resource People relevant to the services being provided.

F. Ensure Community Resource People maintain confidentiality regarding Child Protection Services’ case information, including data system information.

G. Assure additional technology is available for Community Resource People to communicate both verbally and in writing with the Division of Child Protection Services and youth that have transitioned to adulthood from foster care.

3.6 Reporting

The Division of Child Protection Services is required by the federal government to provide additional information and data regarding the program services. The State will work with the offeror on the data that will be needed. The Community Resource People will be required to record data information into the Child Protection Services Data system known as Family and Children Information System (FACIS) and attend a FACIS Training. The offeror must acknowledge their understanding of this requirement in their proposal.

3.7 Reporting Procedures

The offeror will provide Child Protection Services with a report that provides expenditures detailed separately from the preceding month to cover the Independent Living program. The monthly report must

RFP 8443 CRP Page 10 of 16 detail dates and times of services with the Community Resource People. The reports must include expenditures for the preceding month related to the Community Resource People salaries and benefits, supervision, office utilization, supplies, telephone expense, travel expense, training etc. Payment will be made pursuant to the monthly submission of a report identifying the cost of services provided by the offeror. The offeror must include in their proposal a match or in-kind of 5%. The offeror must submit Attachment B – Cost Proposal Spreadsheet. See section 7 for more details.

4.0 PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS

4.1 Provide the following information related to at least three previous and current service/contracts performed by the offeror’s organization which are similar to the requirements of this RFP. Provide this information as well for any service/contract that has been terminated, expired or not renewed in the past three years:

a. Name, address and telephone number of client/contracting agency and a representative of that agency who may be contacted for verification of all information submitted;

b. Dates of the service/contract; and

c. A brief, written description of the specific prior services performed and requirements thereof.

4.2 The offeror must submit information that demonstrates their availability and familiarity with the locale in which the project (s) are to be implemented.

4.3 The offeror must detail examples that document their ability and proven history in handling special project constraints.

4.4 The offeror must describe their proposed project management techniques.

4.5 The offeror is cautioned that it is the offeror's sole responsibility to submit information related to the evaluation categories and that the State of South Dakota is under no obligation to solicit such information if it is not included with the proposal. The offeror's failure to submit such information may cause an adverse impact on the evaluation of the proposal.

4.6 Offeror's Contacts: Offerors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc. to the buyer of record indicated on the first page of this RFP. Offerors and their agents may not contact any state employee other than the buyer of record regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Offerors and their agents who have questions regarding this matter should contact the buyer of record.

4.7 The offeror must submit a copy of their most recent independently audited financial statements.

4.8 If an offeror’s proposal is not accepted by the State, the proposal will not be reviewed/evaluated.

5.0 PROPOSAL RESPONSE FORMAT

5.1 Only a PDF copy shall be submitted.

5.1.1 As outlined in section 1.5 “SUBMITTING YOUR PROPOSAL” proposals shall only be submitted electronically via SFTP.

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5.1.2 The proposal should be page numbered and should have an index and/or a table of contents referencing the appropriate page number.

5.1.3 All proposals must be organized and have a separator page between each of the following headings. The separator page should have the heading names on it.

5.1.3.1 RFP Form. The State’s Request for Proposal form completed and signed.

5.1.3.2 Executive Summary. The one or two page executive summary is to briefly describe the offeror's proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the offeror. The reader should be able to determine the essence of the proposal by reading the executive summary. Proprietary information requests should be identified in this section.

5.1.3.3 Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information:

5.1.3.4 A complete narrative of the offeror's assessment of the work to be performed, the offeror’s ability and approach, and the resources necessary to fulfill the requirements. This should demonstrate the offeror's understanding of the desired overall performance expectations.

5.1.3.5 A specific point-by-point response, in the order listed, to each requirement in the RFP as detailed in Sections 3 and 4. The response should identify each requirement being addressed as enumerated in the RFP.

5.1.3.6 A clear description of any options or alternatives proposed.

5.1.4 Cost Proposal. Cost will be evaluated independently from the technical proposal.

Offerors may submit multiple cost proposals. All costs related to the provision of the required services must be included in each cost proposal offered.

See section 7.0 for more information related to the cost proposal.

6.0 PROPOSAL EVALUATION AND AWARD PROCESS

6.1 After determining that a proposal satisfies the mandatory requirements stated in the Request for Proposal, the evaluator(s) shall use subjective judgment in conducting a comparative assessment of the proposal by considering each of the following criteria listed in order of importance:

6.1.1 Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements;

6.1.2 Resources available to perform the work, including any specialized services, within the specified time limits for the project;

6.1.3 Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration;

6.1.4 Availability to the project locale;

6.1.5 Familiarity with the project locale;

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6.1.6 Proposed project management techniques;

6.1.7 Ability and proven history in handling special project constraints, and

6.1.8 Cost proposal.

6.2 Experience and reliability of the offeror's organization are considered subjectively in the evaluation process. Therefore, the offeror is advised to submit any information which documents successful and reliable experience in past performances, especially those performances related to the requirements of this RFP.

6.3 The qualifications of the personnel proposed by the offeror to perform the requirements of this RFP, whether from the offeror's organization or from a proposed subcontractor, will be subjectively evaluated. Therefore, the offeror should submit detailed information related to the experience and qualifications, including education and training, of proposed personnel.

6.4 The State reserves the right to reject any or all proposals, waive technicalities, and make award(s) as deemed to be in the best interest of the State of South Dakota.

6.5 Award: The requesting agency and the highest ranked offeror shall mutually discuss and refine the scope of services for the project and shall negotiate terms, including compensation and performance schedule.

6.5.1 If the agency and the highest ranked offeror are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, either orally or in writing, terminate negotiations with the contractor. The agency may then negotiate with the next highest ranked contractor.

6.5.2 The negotiation process may continue through successive offerors, according to agency ranking, until an agreement is reached or the agency terminates the contracting process.

6.5.3 Only the response of the vendor awarded work becomes public. Responses to work orders for vendors not selected and the evaluation criteria and scoring for all proposals are not public. Vendors may submit a redacted copy with the full proposal as stated in Section 1.12 Proprietary Information. SDCL 1-27-1.5 and See SDCL 1-27-1.5 and 1-27- 1.6.

7.0 COST PROPOSAL

7.1 The offeror must submit Attachment B – Cost Proposal Spreadsheet with the proposal for the allocation of various expenses associated with the providing services to the State within the scope of their proposal. This proposal must include all cost associated with employee salaries and benefits, for direct and indirect care staff, insurance vehicle costs, facility rent/lease/maintenance cost, office supply cost, utilities, professional fees and contract services and any other expenses that are deemed necessary to perform the services outlined in this proposal (see Attachment B – Cost Proposal Spreadsheet).

7.2 The submitted cost report used to establish rates shall remain in effect throughout the contract period. The reimbursement rate may be adjusted by any inflationary increases provided by the Legislature. If for any reason the appropriated funds or grant expenditure authority becomes unavailable to the Division of Child Protection Services, discontinuation of funding will not be a default by the State nor does it give rise to a claim against the State.

DSS Purchase Order #23SC08 _ _ _ _ Consultant Contract # 23-0800- _ _ _

02/23

STATE OF SOUTH DAKOTA

DEPARTMENT OF SOCIAL SERVICES

DIVISION OF CHILD PROTECTION

Consultant Contract For Consultant Services

Between

State of South Dakota Department of Social Services

DIVISION OF CHILD PROTECTION

700 Governors Drive Pierre, SD 57501-2291

Referred to as Consultant Referred to as State

The State hereby enters into a contract (the “Agreement” hereinafter) for consultant services with the Consultant.

While performing services hereunder, Consultant is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

1. CONSULTANT’S South Dakota Vendor Number is . Upon execution of agreement, Consultant will provide the State with Consultant’s Employer Identification Number, Federal Tax Identification Number, or Social Security Number.

2. PERIOD OF PERFORMANCE̘:

A. This Agreement shall be effective as of June 1, 2022 and shall end on May 31, 2023, unless sooner terminated pursuant to the terms hereof.

B. Agreement is the result of request for proposal process, RFP #_____

3. PROVISIONS:

A. The Purpose of this Consultant contract is:

1.

2. Does this Agreement involve Protected Health Information (PHI)? YES ( ) NO ( X ) If PHI is involved, a Business Associate Agreement must be attached and is fully incorporated herein as part of the Agreement (refer to attachment) .

3. The Consultant WILL ( ) WILL NOT ( ) use state equipment, supplies or facilities.

4. If WILL is indicated above, the following state equipment, supplies, or facilities will be used.

B. The Consultant agrees to perform the following services (add an attachment if needed.):

1.

C. The State agrees to:

1.

2. Make payment for services upon satisfactory completion of services and receipt of bill. Payment will be in accordance with SDCL 5-26-2.

Attachment A

02/23

3. Will the State pay Consultant expenses as a separate item?

YES ( ) NO ( X )

If YES, expenses submitted will be reimbursed as identified in this Agreement.

D. The TOTAL CONTRACT AMOUNT will not exceed $ .

4. BILLING:

Consultant agrees to submit a bill for services within (30) days following the month in which services were provided. Consultant will prepare and submit a monthly bill for services. Consultant agrees to submit a final bill within 30 days of the Agreement end date to receive payment for completed services. If a final bill cannot be submitted in 30 days, then a written request for extension of time and explanation must be provided to the State.

5. TECHNICAL ASSISTANCE:

The State agrees to provide technical assistance regarding Department of Social Services rules, regulations and policies to the Consultant and to assist in the correction of problem areas identified by the State’s monitoring activities.

6. LICENSING AND STANDARD COMPLIANCE:

The Consultant agrees to comply in full with all licensing and other standards required by Federal, State, County, City or Tribal statute, regulation or ordinance in which the service and/or care is provided for the duration of this Agreement. The Consultant will maintain effective internal controls in managing the federal award. Liability resulting from noncompliance with licensing and other standards required by Federal, State, County, City or Tribal statute, regulation or ordinance or through the Consultant’s failure to ensure the safety of all individuals served is assumed entirely by the Consultant.

7. ASSURANCE REQUIREMENTS:

The Consultant agrees to abide by all applicable provisions of the following: Byrd Anti Lobbying Amendment (31 USC 1352), Executive orders 12549 and 12689 (Debarment and Suspension), Drug-Free Workplace, Executive Order 11246 Equal Employment Opportunity, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Drug Abuse Office and Treatment Act of 1972, Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, Age Discrimination Act of 1975, Americans with Disabilities Act of 1990, Pro-Children Act of 1994, Hatch Act, Health Insurance Portability and Accountability Act (HIPAA) of 1996 as amended, Clean Air Act, Federal Water Pollution Control Act, Charitable Choice Provisions and Regulations, Equal Treatment for Faith-Based Religions at Title 28 Code of Federal Regulations Part 38, the Violence Against Women Reauthorization Act of 2013 and American Recovery and Reinvestment Act of 2009, as applicable; and any other nondiscrimination provision in the specific statute(s) under which application for Federal assistance is being made; and the requirements of any other nondiscrimination statute(s) which may apply to the award.

8. COMPLIANCE WITH EXECUTIVE ORDER 2020-01:

By entering into this Agreement, Consultant certifies and agrees that it has not refused to transact business activities, it has not terminated business activities, and it has not taken other similar actions intended to limit its commercial relations, related to the subject matter of this Agreement, with a person or entity that is either the State of Israel, or a company doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or doing business in the State of Israel, with the specific intent to accomplish a boycott of divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to terminate this Agreement. Consultant further agrees to provide immediate written notice to the State if during the term of this Agreement it no longer complies with this certification and agrees such noncompliance may be grounds for termination of this Agreement.

9. COMPLIANCE WITH EXECUTIVE ORDER 2023-02:

Contractor certifies and agrees that the following information is correct:

In preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, Contractor is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by South Dakota Executive Order 2023-02.

Contractor further agrees that, if this certification is false, such false certification will constitute grounds for the State to terminate this Agreement. Contractor further agrees to provide immediate written notice to the State if during the term of this Agreement it no longer complies with this certification and agrees such noncompliance may be grounds for termination of this Agreement.

10. RETENTION AND INSPECTION OF RECORDS:

The Consultant agrees to maintain or supervise the maintenance of records necessary for the proper and efficient operation of the program, including records and documents regarding applications, determination of eligibility (when applicable), the provision of services, administrative costs, statistical, fiscal, other records, and information necessary for reporting and accountability required by the State. The Consultant shall retain such records for a period of six years from the date of submission of the final expenditure report.

If such records are under pending audit, the Consultant agrees to hold such records for a longer period upon notification from the State. The State, through any authorized representative, will have access to and the right to examine and copy all records, books, papers or documents related to services rendered under this Agreement. State Proprietary Information retained in Consultant’s secondary and backup systems will remain fully subject to the obligations of confidentiality stated herein until such information is erased or destroyed in accordance with Consultant’s established record retention policies.

All payments to the Consultant by the State are subject to site review and audit as prescribed and carried out by the State. Any over payment of this Agreement shall be returned to the State within thirty days after written notification to the Consultant.

11. WORK PRODUCT:

Consultant hereby acknowledges and agrees that all reports, plans, specifications, technical data, drawings, software system programs and documentation, procedures, files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, State Proprietary Information, as defined in the Confidentiality of Information paragraph herein, state data, end user data, Protected Health Information as defined in 45 CFR 160.103, and all information contained therein provided to the State by the Consultant in connection with its performance of service under this Agreement shall belong to and is the property of the State and will not be used in any way by the Consultant without the written consent of the State.

Paper, reports, forms, software programs, source code(s) and other materials which are a part of the work under this Agreement will not be copyrighted without written approval of the State. In the unlikely event that any copyright does not fully belong to the State, the State nonetheless reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, and otherwise use, and to authorize others to use, any such work for government purposes.

Consultant agrees to return all information received from the State to State’s custody upon the end of the term of this Agreement, unless otherwise agreed in a writing signed by both parties.

12. TERMINATION:

This Agreement may be terminated by either party hereto upon thirty (30) days written notice. In the event the Consultant breaches any of the terms or conditions hereof, this Agreement may be terminated by the State at any time, with or without notice. Upon termination of this Agreement, all accounts and payments shall be processed according to financial arrangements set forth herein for services rendered to date of termination. If termination for breach is effected by the State, any payments due to Consultant at the time of termination may be adjusted to cover any additonal costs to the State as a result of Consultant’s breach. Upon termination the State may take over the work and may award another party a contract to complete the work contemplated by this Agreement. If the State terminates for a breach by Consultant and it is determined that the Consultant was not at fault, then Consultant shall be paid for eligible services rendered and expenses incurred up to the date of termination.

Any terms of this Agreement that would, by their nature or through the express terms of this Agreement, survive the expiration or termination of this Agreement shall so survive, including by not limited to the terms of sections 9, 10, 14, 21, 22, 25 and 29.

13. FUNDING:

This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of the law or federal funds reduction, this Agreement will be terminated by the State upon five day written notice. Consultant agrees that termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State or any officer, agent or employee of the State and Consultant waives any claim against the same.

14. ASSIGNMENT AND AMENDMENTS:

This Agreement may not be assigned without the express prior written consent of the State. This Agreement may not be amended except in writing, which writing shall be expressly identified as a part hereof, and be signed by an authorized representative of each of the parties hereto.

15. CONTROLLING LAW:

This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to any conflicts of law principles, decisional law, or statutory provision which would require or permit the application of another jurisdiction’s substantive law. Venue for any lawsuit pertaining to or affecting this Agreement shall be resolved in the Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

16. SUPERCESSION:

All prior discussions, communications and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and except as specifically provided herein, this Agreement constitutes the entire agreement with respect to the subject matter hereof.

17. IT STANDARDS:

Any service, software or hardware provided under this Agreement will comply with state standards which can be found at http://bit.sd.gov/standards/.

18. SEVERABILITY:

In the event that any provision of this Agreement shall be held unenforceable or invalid by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement, which shall remain in full force and effect.

19. NOTICE:

Any notice or other communication required under this Agreement shall be in writing and sent to the address set forth above. Notices shall be given by and to the Division being contracted with on behalf of the State, and by the Consultant, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties shall be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination shall be sent by registered or certified mail, or, if personally delivered, when received by such party.

http://bit.sd.gov/standards/

20. SUBCONTRACTORS:

The Consultant may not use subcontractors to perform the services described herein without express prior written consent from the State. The State reserves the right to reject any person from the Agreement presenting insufficient skills or inappropriate behavior.

The Consultant will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this…