Amendment 1.docx

SAP

State of South Carolina

Fixed Price Bid Amendment One (1)

Solicitation:

Date Issued:

Procurement Officer:

Phone:

E-Mail Address:

Mailing Address:

5400019954 06/18/2020 Brandalyn Brewer 803-898-8472 brandalyn.brewer@scdmh.org SC Dept. of Mental Health SCDMH Procurement Office PO Box 485 Columbia SC 29202

DESCRIPTION: Supplemental Nursing Services for SCDMH

USING GOVERNMENTAL UNIT: South Carolina Department of Mental Health (SCDMH)

SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: http://www.procurement.sc.gov

SUBMIT OFFER BY (Opening Date/Time): 06/25/2020 3:00 (See "Deadline For Submission Of Offer" provision)

QUESTIONS MUST BE RECEIVED BY: (See "Questions From Offerors" provision)

NUMBER OF COPIES TO BE SUBMITTED: One (1) Copy

CONFERENCE TYPE: Not Applicable

DATE & TIME:

(As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions) LOCATION: Not Applicable

You must submit a signed copy of this form with Your Offer. By signing, You agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of thirty (30) calendar days after the Opening Date. (See "Signing Your Offer" provision.)

NAME OF OFFEROR

(full legal name of business submitting the offer) Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

AUTHORIZED SIGNATURE

(Person must be authorized to submit binding offer to contract on behalf of Offeror.)

DATE SIGNED

TITLE

(business title of person signing above)

STATE VENDOR NO.

(Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)

PRINTED NAME

(printed name of person signing above)

STATE OF INCORPORATION

(If you are a corporation, identify the state of incorporation.)

OFFEROR'S TYPE OF ENTITY: (Check one) (See "Signing Your Offer" provision.)

___ Sole Proprietorship ___ Partnership ___ Other_____________________________

___ Corporate entity (not tax-exempt) ___ Corporation (tax-exempt) ___ Government entity (federal, state, or local)

COVER PAGE - ON-LINE ONLY (MAR. 2015)

SAP

SAP

PAGE TWO

(Return Page Two with Your Offer) HOME OFFICE ADDRESS (Address for offeror's home office / principal place of business)

NOTICE ADDRESS (Address to which all procurement and contract related notices should be sent.) (See "Notice" clause)

_________________________________________________ Area Code - Number - Extension Facsimile

_________________________________________________ E-mail Address

PAYMENT ADDRESS (Address to which payments will be sent.) (See "Payment" clause)

____Payment Address same as Home Office Address ____Payment Address same as Notice Address (check only one) ORDER ADDRESS (Address to which purchase orders will be sent) (See "Purchase Orders and "Contract Documents" clauses)

____Order Address same as Home Office Address ____Order Address same as Notice Address (check only one)

ACKNOWLEDGMENT OF AMENDMENTS

Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision)

DISCOUNT FOR PROMPT PAYMENT

(See "Discount for Prompt Payment" clause)

PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): On June 16, 2009, the South Carolina General Assembly rewrote the law governing preferences available to in-state vendors, vendors using in-state subcontractors, and vendors selling in-state or US end products. This law appears in Section 11-35-1524 of the South Carolina Code of Laws. A summary of the new preferences is available at www.procurement.sc.gov/preferences . ALL THE PREFERENCES MUST BE CLAIMED AND ARE APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE BY ITEM OR LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE CLAIMING ANY PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU REQUEST A PREFERENCE, YOU ARE CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE PREFERENCE YOU'VE CLAIMED. IMPROPERLY REQUESTING A PREFERENCE CAN HAVE SERIOUS CONSEQUENCES. [11-35-1524(E)(4)&(6)]

NO PERFERENCES FOR FIXED PRICED BID

PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Please provide the address and phone number for your in-state office in the space provided below. An in-state office is necessary to claim either the Resident Vendor Preference (11-35-1524(C)(1)(i)&(ii)) or the Resident Contractor Preference (11-35-1524(C)(1)(iii)). Accordingly, you must provide this information to qualify for the preference. An in-state office is not required, but can be beneficial, if you are claiming the Resident Subcontractor Preference (11-35-1524(D)).

NO PREFERENCES FOR FIXED PRICED BID

____In-State Office Address same as Home Office Address ____In-State Office Address same as Notice Address (check only one)

PAGE TWO (SEP 2009)

End of PAGE TWO

Supplemental Nursing Services

FBP: 5400019954

QUESTIONS FROM OFFERORS – AMENDMENT (JUN 2017)

The Solicitation is amended as provided herein. Information or changes resulting from questions will be shown in a question and answer format. All questions received have been reprinted below. The “States’ Response” should be read without reference to the questions. The questions are included solely to provide a cross-reference to the potential offeror that submitted the questions. Questions do not form a part of the contract; the ‘State’s Response” does. Any restatement of part or all of an existing provision of the solicitation in an answer does not modify the original provision except as follows: Under lined text is added to the original provision. Stricken text is deleted. [02-2A097-1] Solicitation is amended by incorporating the below questions and responses submitted by the question submission date of 06/17/2020.

1. In Section III, Scope of Work/Specifications, under #6.1 – Maximum Hourly Rates, the rates are listed. Do the rates for the fixed prices include any burden and margin for the agencies? In reading the rates, they seem to be equivalent to rates paid to a good professional in each of the positions.

RESPONSE: No these rates do not include any burden and margin for the agency. These rates are what SCDMH is willing to pay.

2. Also, in that same section, in understanding that this is a fixed price contract will there be any adjustment increases to the rates for yearly consumer index adjustments?

RESPONSE: There may be some consideration for this, but there is no guarantee rates will be adjusted.

3. In Section V, Qualifications, there is mention of certain financial documents that would be requested. Can you be specific on what it is you will want to have provided?

RESPONSE: As stated in that section: “a) the general history and experience of the business in providing work of similar size and scope. (b) Information reflecting the current financial position. Include the most current financial statement and financial states for the last two fiscal years. If the financial statement have been audited in accordance with the following requirements, provide the audited version of those statements. [Reference Statement of Financial Accounting Concepts No. 5 (FASB, December, 1984), as amended.] (c) A detailed, narrative statement listing the three most recent, comparable contracts 9including contact information) which have been performed. For each contract, describe how the supplies or services provided are similar to those requested by this solicitation, and how they differ. d) A list of every business for which supplies or services substantially similar to those sought with this solicitation have been provided, at any time during the past three years. (e) A list of every South Carolina public body for which supplies or services have been provided at any time during the past three years, if any. (f) List of failed projects, suspensions, debarments, and significant litigation.”

4. Is there an incumbent providing these services?

RESPONSE: This information is public by looking up the current solicitation 5400009387. There is no limit to how many are placed on the Qualified Provider List (QPL).

5. How much was spent on these services in the last fiscal year?

RESPONSE: For the full five (5) years of the contract, there was an estimated $5 million spent. SCDMH did not track yearly amounts.

6. For the Sitter position, the max bill rate is set at $10.50 it is impossible to pay the minimum wage of $10.

RESPONSE: This is a fixed price bid so you can pay lower than what the rate is set, but vendors cannot request a higher rate.

7. Regarding the Solicitation #5400019954, please confirm that this is the correct solicitation to “renew” contracts that currently exists with SCDMH.

RESPONSE: Yes, this is the NEW solicitation that all vendors will need to submit a bid for if they would like to be added to the Qualified Provider List (QPL). Current contracts for these services will end 6/30/2020.

8. Please confirm that the Maximum Rates for all positions has not increased from the previous Solicitation for Supplemental Nursing Services.

RESPONSE: Yes, the rates for the NEW solicitation did not increase from the current solicitation.

9. Who are the current Vendors?

RESPONSE: This information is public by looking up the current solicitation 5400009387.

10. What is the current bill rate for RNs?

RESPONSE: The rates that are currently listed in the new solicitation are the same rates that we are paying now.

11. What is the current bill rate for LPNs?

RESPONSE: The rates that are currently listed in the new solicitation are the same rates that we are paying now.

12. What is the current bill rate for CNAs?

RESPONSE: The rates that are currently listed in the new solicitation are the same rates that we are paying now.

13. How will time be tracked and submitted?

RESPONSE: In the Inpatient facilities, time is tracked by the staff clocking in & out with their badge. Each staff member has a kronos sheet in case they forget to clock in, out, or both. The staff member is responsible for writing the time in, out, or both on their kronos sheet. Time cards from our kronos systems are submitted each Monday (except on holidays) to all nursing supplemental agencies. If the agency requests, we do submit time cards daily except weekends and holidays. Since our work week begins on Sunday and ends on Saturday, that is the time frame that will be submitted.

For Orientation Only: During orientation (until the clock has been mounted and configured), agency staff needs to submit an agency time sheet to the instructor daily for signature and submission to staffing.

14. What was the 2019 spend on the contract?

RESPONSE: See question 5 for the response. SCDMH did not track yearly amounts.

15. How many vendors will be chosen?

RESPONSE: There is no set limit as to how many vendors are added to the list. SCDMH are willing to add as many responsive and responsible vendors to the list as possible.

16. Why is the contract out for bid? Is it required to be put out for bid?

RESPONSE: SCDMH currently has a solicitation out for these services and it expires 6/30/2020, so we have issued a new solicitation to replace the current one that is being used now.

17. Can you provide the names of all of your current incumbent vendors for these services, and can you disclose the prices billed by these vendors?

RESPONSE: This information is public by looking up the current solicitation 5400009387. Rates are the same as those listed in this FPB.

18. Are you satisfied with your current vendors?

RESPONSE: The majority of the vendors that are on the list, SCDMH is satisfied with. With that being said, SCDMH is always looking for vendors that can provide high quality services and meet the needs.

19. Are your needs being met?

RESPONSE: Yes, for the most part the needs are being met.

20. Can you provide last year’s usage for these services in either number of hours filled and/or total cost in dollar amount used for these services broken down by the positions solicited in this bid?

RESPONSE: See questions 5 for this response.

21. During the term of the contract, will special rate Addendums be considered in the future for pandemics, disasters, or emergency staffing?

RESPONSE: It might be considered but there are no guarantees.

22. Page 2 of the bid document has a “Discount for Prompt Payment” section. Are vendors required to give a discount? If not, would we put “N/A” in these boxes, or leave them blank?

RESPONSE: No, not required and yes you can place N/A in those boxes.

23. Are vendors able to take exceptions and propose language to any of the terms and/or requirements? The vendor checklist states that vendors should not raise concerns about the solicitation as part of the response, so we are unsure how to request exceptions. We would need to request changes to the Indemnification as follows:

RESPONSE: State agencies cannot indemnify.

24. Can we add “to the extent” before arising out of in the Indemnification – Third party Claims section or delete the words “in whole or in part”? We are trying to address contributory negligence and are willing to indemnify but only to the extent it is attributable to our acts or omission.

INDEMNIFICATION-THIRD PARTY CLAIMS - GENERAL (NOV 2011)

0. Notwithstanding any limitation in this agreement, and to the fullest extent permitted by law, Contractor shall defend and hold harmless Indemnitees for and against any and all suits or claims of any character (and all related damages, settlement payments, attorneys' fees, costs, expenses, losses or liabilities) by a third party which are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property to the extent arising out of or in connection with the goods or services acquired hereunder or caused in whole or in part by any act or omission of contractor, its subcontractors, their employees, workmen, servants, agents, or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by an Indemnitee, and whether or not such claims are made by a third party or an Indemnitee; however, if an Indemnitee's negligent act or omission is subsequently determined to be the sole proximate cause of a suit or claim, the Indemnitee shall not be entitled to indemnification hereunder. Contractor shall be given timely written notice of any suit or claim. Contractor's obligations hereunder are in no way limited by any protection afforded under workers' compensation acts, disability benefits acts, or other employee benefit acts. This clause shall not negate, abridge, or reduce any other rights or obligations of indemnity which would otherwise exist. The obligations of this paragraph shall survive termination, cancelation, or expiration of the parties' agreement. This provision shall be construed fairly and reasonably, neither strongly for nor against either party, and without regard to any clause regarding insurance. As used in this clause, "Indemnitees" means the State of South Carolina, its instrumentalities, agencies, departments, boards, political subdivisions and all their respective officers, agents and employees. [07-7B100-2]

RESPONSE: State agencies cannot indemnify.

All terms and conditions remain the same.

Submission Date remains the same: 6/25/2020 by 3:00 p.m.

Award Date remains the same: 6/30/2020

END OF AMENDMENT ONE (1)

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