CCAT-26 Spec FINAL.pdf

THE COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF DEVELOPMENTAL SERVICES (DDS)

CENTRAL OFFICE

Address: 1000 Washington Street Suite 410 Boston, MA 02108

Contact Name: Cynthia Miller

Email: DDSPOSProcurement@mass.gov

Request for Response (RFR)

Document Title: Clinical Consultation, Assessment & Treatment

Services COMMBUYS BID Number: BD-25-1023-1023C-1023L-114437

DDS RFR Document Number: CCAT-26

Date: March 26, 2025

It is the responsibility of the prospective Provider and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Provider’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Provider’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Provider’s/awarded Contractor’s computer, network, internet service provider or anything else cause email communications sent to/from the prospective Provider/awarded Contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering. To register go to www.COMMBUYS.com.

This BID requires the submission of electronic quotes to COMMBUYS. All Providers are advised to allow adequate time for submission of their quotes by considering potential online impediments such as Internet traffic, Internet connection speed, file size, and file volume. DDS is not responsible for delays encountered by Providers or their agents, or for a Provider’s local hardware failures, computers, or any other failures associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

To be awarded a contract with the Commonwealth, a Provider must be active in The Massachusetts Management Accounting and Reporting System (MMARS). MMARS is the official accounting system of the Commonwealth and once registered a Provider will be issued a Vendor Customer Code number or a “VC” number. This VC number is used for all contracts that a Provider has with state agencies. An organization with existing state contracts, or a Provider who has had state contracts with any state agency in the past, has been registered in MMARS and does not need to re-submit paperwork unless existing information in MMARS will need to be updated. Providers that don’t have a Vendor Customer Code or have changes to information or forms currently on file should send an email to: DDSPOSProcurement@mass.gov

Public Records: All information, documents, and attachments submitted as a response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Please be aware that checking the “confidential” box in COMMBUYS does not bar these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.

http://www.commbuys.com/

Contents

1.0 Procurement Scope and Description

1.1 Procurement and Contract Structure

1.2 Applicable Procurement Law

1.3 Whether Single or Multiple Contractors are Required for Contract(s)

1.4 Calendar Rule Type

1.5 Acquisition Method

1.6 Use of Procurement by a Single or Multiple Departments

1.7 Expected Duration of Contract

1.8 Anticipated Expenditure, Funding or Compensation for Expected Duration

2.0 Overview

3.0 Performance Requirements and Contract Monitoring

4.0 Contract Invoicing

5.0 Requirements/Instructions for Submission of Responses

5.1 Individuals and/or sole proprietors

5.2 organizations

5.3 Evaluation Criteria

6.0 Estimated Procurement Calendar

7.0 Required Forms

7.1 Other Forms

7.2 Instructions for Submission of Forms and Questions

7.3 Public Records

7.4 COMMBUYS Support

8.0 Other Requirements Pertaining to this RFR

8.1 Debarment

8.2 Criminal Offender Record Checks (“CORI”)

8.3 Disabled Persons Protection Commission (“DPPC”) – Registry of Abusive Care Providers

8.4 National Criminal Background Check

8.5 Privacy and Security

9.0 Supplier Diversity Program

1.0 Procurement Scope and Description

The Department of Developmental Services (DDS or the Department) is seeking interested and qualified individuals and organizations to provide various medical and behavioral health services to be purchased on an as-needed basis. The services in this procurement are intended to support DDS eligible individuals (“Individuals”) that have a diverse array of abilities, gifts, challenges, and support needs.

Services may include, but not be limited to, direct patient care to Individuals, including diagnostic formulation and treatment, making recommendations or developing a plan of care, identification and documentation of special problems, consulting with DDS staff regarding continuing care and treatment planning. They may also include programmatic consultation.

All Providers wishing to offer behavioral health or medical services to Individuals are encouraged to apply.

This Request for Response (RFR) is a rolling enrollment which means that it is possible for a Provider to submit a response at any time before January 30, 2035. However, there is NO RETROACTIVITY to these contracts so that submission of a response after the delivery of a service will result in no reimbursement for that service if the service was rendered prior to the approval of the contract.

This RFR will replace the DDS-Psych-11 RFR, and any updates to this RFR, that have been posted on COMMBUYS. Contracts awarded as a result of DDS-Psych-11 will terminate effective June 30, 2025. Providers currently qualified under DDS-Psych-11 and any updates to this RFR, must become qualified under CCAT-26 in order to continue service delivery.

1.1 Procurement and Contract Structure

This RFR incorporates all relevant provisions of 801 CMR 21.00 Procurement of Commodities and Services, the Standard Contract Form and Instructions, the Commonwealth Terms and Conditions for Goods and Services, the Operational Services Division (OSD) Required Specifications, Attachment C, and any amendments and/or additions to these documents during the life of this BID.

This procurement will result in a Master List of providers who have been deemed qualified and awarded a contract. Proposals will be reviewed and scored by a Procurement Management Teams (PMT) composed of members of the DDS Central, Regional, and Area Offices. This is a rolling enrollment RFR, and Providers may continue to submit proposals up to January 30, 2035. Proposals will be evaluated on a quarterly basis.

Providers whose scores are below the scoring threshold will be deemed not qualified and may resubmit.

Providers may not seek qualification more than three times during the lifetime of this procurement.

All awarded Providers to provide CCAT-26 services will sign a standard contract form and be placed on a Master Agreement. The Master Agreement contract does not guarantee the awarded Provider a specific level of funding. DDS will specifically engage professionals when it identifies a service need using established referral request and approval process developed by the Department. Awarded Providers must receive written authorization from DDS prior to delivering services under this RFR.

1.2 Applicable Procurement Law

Check Appropriate Box (“X”)

Type of Purchase Applicable Laws

Goods and Services MGL c. 7, § 22; c. 30, § 51, § 52; 801

CMR 21.00

Human and Social Services MGL c. 7, § 22, § 22N; c. 30, § 51, §

52; 801 CMR 21.00; 808 CMR 1.00

Legal Services MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b)

Grants MGL c. 7A, § 7; St. 1986 c. 206, § 17;

815 CMR 2.00

1.3 Whether Single or Multiple Contractors are Required for Contract(s)

Check One (“X”) Single Contractor Multiple Contractors

1.4 Calendar Rule Type

Check One (“X”) Type

Standard Procurement will not be reopened after the Bid Opening Date (Response deadline date).

Open

May be reopened at a time and for a duration deemed necessary by the Department.

No responses will be received after the bid open date unless the Department choses to reopen the RFR at a later date.

Rolling

Providers may submit unsolicited proposals up to January 30, 2035. Proposals submitted after the initial due date will be reviewed and scored on a quarterly basis unless otherwise noted in the RFR/BID.

1.5 Acquisition Method

Check One (“X”) Category Cost Reimbursement Unit Rate Other: Fee for Service

The Department will compensate Providers at the rates found in Attachment A, Rates for Services, for diagnostic evaluations, testing, therapeutic interventions, medication monitoring, clinical case conferencing, report writing and consultation to other Providers (payment to be made by Medicaid where applicable). The Department may amend these rates from time to time over the life of this procurement and these updates will be posted to COMMBUYS. The Department will not reimburse transportation related fees such as mileage, parking, airfare etc.

1.6 Use of Procurement by a Single or Multiple Departments

Check One (“X”) Eligible Entities

Limited User Contract – Restricted to Use by Issuing Entity Only.

Limited User Contract – Restricted to Use by Defined Entities Only.

Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities:

Massachusetts Commission for the Blind MassAbility Department of Children & Families Department of Mental Health

The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

1.7 Expected Duration of Contract

Anticipated Duration up to: ten (10) years

Final End Date of this Contract: June 30, 2035

1.8 Anticipated Expenditure, Funding or Compensation for Expected Duration

Estimated Total Value of Procurement: $1,000,000 per year

All services in this RFR are subject to appropriation. Should funding levels be adjusted significantly, the Department may seek provider re-affirmation of willingness to continue under modified program requirements.

At any time during the duration of the contract, the Department may conduct reviews of services and may consider taking corrective action, up to and including cessation or termination of all or part of the services covered under the Contract. Reasons for taking corrective action include: the Provider has not satisfactorily achieved performance goals; the needs of the Individuals change to the extent that they can no longer be appropriately served under the original terms of this procurement; a Provider is unable to meet licensing or certification standards, or other issues or circumstances arise that result in a determination by the Department that a significant change in services is in the best interests of the Individuals served or the Department.

Generally, unless a termination notice has been given pursuant to the Commonwealth Terms and Conditions for Goods and Services, the Master Agreement contract will remain in effect for the duration of the procurement. The Department reserves the right to make contract awards for a shorter duration when it is in the best interests of Individuals, the Department, or the Commonwealth.

Check One (“X”) Contract will have a Maximum Obligation

Rate Contract: Contract will NOT have a Maximum Obligation Amount

Will Federal Funds be used to fund any part of Contract(s)?

No Yes To What extent?

Capital, Trust and Federal Accounts Only Any funds designated in the budget that are unspent in any fiscal year will not be available for expenditure in the subsequent fiscal year.

2.0 Overview

The Department of Developmental Services (DDS or the Department) seeks to purchase various behavioral health and medical services for Individuals with an array of diagnoses supported by DDS including, but not limited to: Intellectual Disability, Acquired Brain Injury, Autism Spectrum Disorder, Prader-Willi Syndrome, Smith-Magenis Syndrome. Behavioral health and medical services may also be requested on behalf of individuals supported through ABI/MFP Waivers. Qualified Providers may be asked to provide professional assessments, service design, consultation and treatment services to Individuals. Services many also include training and support for DDS providers and participation in DDS interdisciplinary clinical team or mortality review committees. These services may include, but will not be limited to:

Medical Professions:

Internal/family medicine, Psychiatry, Pharmacy/Pharmacology, Gerontology, Nursing, Nurse Practitioners, Medical Ethics, Pain Management, Neurology, Geriatrics (care and treatment of aging adults and age-related issues)

Behavioral Health Professions:

Psychology, Neuropsychology, Social Work, Other Specified Counseling

Other licensed and/or certified professionals with expertise in:

Medical/Psychiatric subspecialties, such as Addiction and Substance Use Disorders, Forensics, Eating disorders, Certified peer specialists, Dietician/Nutritionist/Coaching, Music Therapy, Pet Therapy, Hoarding and Organization, Grief and Loss Therapy

DDS may add to this list throughout the duration of the procurement.

Clinical Treatment and Case Management DDS seeks to purchase ongoing psychiatric and psychopharmacological treatment and case management;

caseload size to be negotiated by DDS. Clinical treatment and caseload management require face-to-face appointments using an interdisciplinary team approach with the ability to identify psychiatric conditions which may require medication interventions to address behavioral symptomology. The interdisciplinary approach includes utilization of reported programmatic data for the purpose of determining efficacy of treatment. This specialized treatment service requires twenty-four-hour availability for emergency contact and/or follow-up for crisis issues.

Consultation and Evaluation The Department seeks to purchase periodic professional diagnostic, monitoring, service design consultation and treatment services, from psychiatrists, psychologists, registered nurses, clinical pharmacists, social workers, other behavioral health professionals and neuropsychologists for individuals supported by DDS. This may also include evaluation and treatment for assessment of a person’s personal and public risk, such as in the case of a formal risk of violence determination or related to other specific forensic issues.

Reporting to DDS DDS may request a written report of professional findings for all engagements under this procurement. The report should include a comprehensive record review, notation relative to collateral sources or interviews, and discipline-specific diagnostic processes. As applicable, psychopharmacology assessment and an estimation of any neuropsychiatric disorders, personality vulnerabilities, and behavioral health disorders shall be included, along with person-centered psychiatric, behavioral, and/or other medical treatment recommendations. DDS may also require oral presentation and interpretation of evaluations and assessments. These oral presentations will be scheduled by DDS and may be through remote means, such as Microsoft Teams or other similar service.

3.0 Performance Requirements and Contract Monitoring

Providers must be registered with and be in good standing with the Commonwealth of Massachusetts Board of Registration in the Provider’s field of practice as stated in their response to the RFR.

Providers must have a current, valid, unrestricted license to practice in the Commonwealth of Massachusetts, unless such a license is not required by the Provider’s field of practice as stated in their response to the RFR.

Providers must not be subject to any Medicare/Medicaid sanctions.

Providers will be expected to be flexible in providing medical/behavioral health services. Depending on Individuals’ and/or DDS needs, services may be provided at a DDS facility, program or site, a DDS client’s home, the Provider’s place of business, or a variety of community settings. DDS may request that services are completed in-person, virtually, or through written documentation.

The Provide shall accommodate the unique characteristics of the Individuals in their delivery of services.

Providers may be required to describe how culture, ethnicity, language, sexual orientation and gender differences will be taken into account in the provision of services.

Unless otherwise specifically stated in the contract resulting from this RFR, a Provider must have professional liability coverage of a minimum of $2,000,000/ $4,000,000. Proof of such insurance must be filed at the time of bid submission or engagement of service.

To ensure a Provider’s performance is in compliance with the applicable contract and provides the best value to DDS, the following performance areas will be subject to measurement in any contract resulting from this

RFR:

• Timely delivery of services

• Quality of services

• Responsiveness to DDS

• Cost effectiveness

4.0 Contract Invoicing

As the payer of last resort, all other sources of payment must be exhausted before the Department can be invoiced for this service.

Awarded Providers will submit invoices to the Department for services rendered under the contract within thirty (30) days of delivery of services to be reimbursed. Invoices must provide details as to the services that were provided (date, type, name of client, etc.) and must be easily verifiable. Requests for payment received by the Department after the cut-off date (close of accounts payable) for the prior fiscal year will not be paid.

A Provider may not begin services or incur any obligation in any form until a Standard Contract Form with any supplements thereto has been signed by authorized representatives of DDS and the Provider.

Payment through Electronic Funds Transfer is required for any contract awarded through this solicitation.

https://massfinance.state.ma.us/VendorWeb/eftRegisterfrm.asp

5.0 Requirements/Instructions for Submission of Responses

Providers must submit the following documents to support their qualifications under this RFR.

5.1 Individuals and/or sole proprietors

1) A resume or curriculum vitae.

2) Completion of the response document that includes:

a. Description of experience and qualifications to provide the services required by this RFR.

b. Description of proposed services to be provided in response to this RFR.

3) Three letters of recommendation addressing Provider’s character and qualifications to provide services as indicated in the response to this RFR.

4) A redacted example of a generic written report.

5) Copies of license(s)/certification(s) (if applicable)

5.2 Organizations

1) Resumes for each such person(s) that may perform services under the contract.

2) Completion of the response document that includes:

a. Description of the organization including, but not limited to its size, date of non-profit incorporation, areas of expertise, and location. Include a certified copy of the Articles of Incorporation.

b. Description of experience and qualifications to provide the services required by this RFR for each individual that may perform services under this RFR.

c. Description of proposed services to be provided in response to this RFR.

3) Three letters of recommendation for each person(s) that may perform service under the contract that address the person(s) character and qualifications to provide services as indicated in the response to this RFR.

4) A redacted example of a generic written report.

5) Copies of license(s)/certification(s) (if applicable).

6) Supplier Diversity Plan Form (SDP Form Submission Requirement)

a. All Providers are required to make a meaningful financial commitment (“SDP Commitment”) by partnering with one or more Supplier Diversity Program (SDO) certified or recognized diverse business enterprise or non-profit organization. More information can be found below in Section 9.0.

5.3 Evaluation Criteria

The PMT will review and evaluate all proposals in detail and make recommendations for selection in the following manner:

1) Provider’s history and/or experience, training, and certifications

2) Provider’s past performance (if applicable); and

3) Letter of References

The PMT may use sources of information other than the Provider’s written submission to evaluate the response, such as other information known to DDS or another state agency.

6.0 Estimated Procurement Calendar

Event Date

RFR Release Date March 26, 2025

Deadline for Questions All Questions must be submitted to DDSPOSProcurement@mass.gov or through COMMBUYS by the date and time indicated.

All Questions with answers will be posted on COMMBUYS. The Department is not bound by any oral comments or representations made by the Contact Person(s) and/or any other Department employee. Telephone calls will NOT be accepted regarding this

RFR.

Providers are prohibited from communicating directly with any employee of the Department pertaining to CCAT-26 except as specified in this RFR.

All Questions with answers will be posted on the COMMBUYS.

April 9, 2025 by 5 PM EST

BID Opening Date/Deadline for Electronic Submissions All responses must be submitted electronically using the online submission tools available to Providers registered in

COMMBUYS.

Proposals received by May 7, 2025, will be evaluated for a July 1, 2025, start date.

Proposal submitted after the May 7th will be evaluated on a quarterly basis.

May 7, 2025 by 5 pm EST

Contract Start Date July 1, 2025

7.0 Required Forms

Check if applicable (“X”)

Form/Document Notes/Instructions

Cover Page & Response Document Include with Electronic Submission

Curriculum vitae/resume Include with Electronic Submission

Copies of license(s)/certification(s) (if applicable)

Include with Electronic Submission mailto:DDSPOSProcurement@mass.gov

Check if applicable (“X”)

Form/Document Notes/Instructions

Redacted example of generic written report

Included with Electronic Submission

Three (3) letters of recommendation Include with Electronic Submission

Supplier Diversity Plan Form (for organizations only)

Include with Electronic Submission

Articles of Incorporation (for organizations only)

Include with Electronic Submission

Standard Contract Form and Instructions For information purposes only; do not fill out

Contractor Authorized Signatory Listing For information purposes only; do not fill out

7.1 Other Forms

If the following signed documents are not on file with the Office of the State Comptroller, or there are changes to forms current on file, the Provider must submit electronic versions of these forms to the email address noted on the cover page of this BID.

• Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form)

• EFT Form

The above noted forms may change or be revised during the life of this procurement. Updated forms will be posted on COMMBUYS.

7.2 Instructions for Submission of Forms and Questions

All responses to be submitted electronically using the online submission tools available to Providers registered in COMMBUYS. There is no charge to register in COMMBUYS. To Register go to www.COMMBUYS.com and click on the “Register” link on the front page.

The Department is processing the standard contract form electronically when possible. Providers should not submit signed copies of the standard contract form or the contractor authorized signatory listing posted on COMMBUYS with their proposal. These forms are posted for informational purposes only.

Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Provider or the Provider’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab in COMMBUYS. Providers do this by selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid. By agreeing to this, the submitter attests that they are an agent of the Provider with authority to sign on the Provider’s behalf, and that they have read and assented to each document’s terms.

To be considered, complete package must be submitted electronically using the online submission tools available to Providers registered in COMMBUYS. There is no charge to register in COMMBUYS. To Register go to www.COMMBUYS.com and click to the Commonwealth must on the “Register” link on the front page.

All Providers are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. DDS is not responsible for delays encountered by Providers or their agents, or for a Provider’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record

File Format and Naming Conventions Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Zipped files will be accepted and must be in a .zip format when saved. Other zip file formats will not be accepted.

DDS requires that all response attachments that are uploaded in COMMBUYS include the company name of the Provider and the RFR document identifier found on page one (1).

Amendments to BID The Department reserves the right to make amendments to the Bid after the initial publication. It is each Provider’s responsibility to check COMMBUYS for any amendments, addenda, or modifications to this Bid. DDS and the Commonwealth accept no responsibility and will provide no accommodation to Providers who submit a quote based on an out-of-date Bid or on information received from a source other than

COMMBUYS.

Alterations Providers may not alter (manually or electronically) the Bid language, or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Bid.

Ownership of Submitted Quotes The PMT shall be under no obligation to return materials submitted by a Provider in response to this Bid. All materials submitted by Providers become the property of the Commonwealth of Massachusetts and will not be returned to the Provider. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Provider’s quote, whether or not the quote is selected for contract award.

Quotes stored on COMMBUYS in the encrypted lockbox are the file of record. Providers retain access to a “read-only” copy of this submission via COMMBUYS, as long as their account remains active. Providers also may retain a traditional paper copy or electronic copy on a separate computer, or network drive or separate media, such as CD or DVD, as a backup.

7.3 Public Records

All information, documents, and attachments submitted as a response to this RFR are considered a public document subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26.

Please be aware that checking the “confidential” box in COMMBUYS does not bar these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.

7.4 COMMBUYS Support

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

Email: Send inquiries to the COMMBUYS Helpdesk at COMMBUYS@state.ma.us

Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays. Technical assistance is available during the procurement process.

http://www.mass.gov/osd/commbuys mailto:COMMBUYS@state.ma.us

Every effort is made to respond to inquiries within one business day. Providers are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

8.0 Other Requirements Pertaining to this RFR

8.1 Debarment

The awarded Provider certifies that neither it nor any of its subcontractors are currently debarred or suspended by the federal or state government under any law or regulation including Executive Order 147; M.G.L. c. 29, § 29F; M.G.L. c. 30, § 39R; M.G.L. c. 149 §§ 27C, 44C and 148B; and M.G.L. c. 152, § 25C. The awarded Provider shall comply with all applicable state laws and regulations stated in the Standard Contract Form Instructions and Contractor Certifications.

8.2 Criminal Offender Record Checks (“CORI”)

Employees of awarded Providers are subject to regulations requiring Criminal Offender Record Information (“CORI”) checks in accordance with Executive Office of Health and Human Services (“EOHHS”) regulations at 101 CMR 15.00. A Massachusetts CORI check is required for any person employed by EOHHS or an EOHHS-agency or their vendor programs whose position entails the potential for unsupervised contact with individuals receiving services from the Department. Additional guidance, forms, and information for organizations subject to the CORI regulations at 101 CMR 15.00, including guidance on how to properly process EOHHS mandated CORI checks, is available at: https://www.mass.gov/lists/guidance-and-information-for-organizations-subject-to-the-cori-regulations-at-101-cmr-1500. EOHHS CORI regulations at 101 CMR

15.00 may be accessed at: https://www.mass.gov/doc/criminal-offender-record-checks-effective-april-21- 2017/download.

8.3 Disabled Persons Protection Commission (“DPPC”) – Registry of Abusive Care Providers Providers are subject to regulations requiring Providers to perform a search of the DPPC registry of abusive care providers (“Registry”) prior to hiring prospective employees/care providers and must comply with all requirements in accordance with 118 CMR 15.00. The registry law prohibits employers from hiring or retaining anyone whose name appears on the registry. M.G.L. c.19C, §15. DPPC regulations governing DDS and employer registry-related hiring and retention procedures may be accessed at: https://www.mass.gov/doc/118-cmr-15-department-and-employer-registry-related-hiring-and-retention-procedures/download Additional guidance, forms, and information for employers subject 118 CMR 15.00 is available at:

https://www.mass.gov/orgs/disabled-persons-protection-commission . The registry of abusive care providers statute may be accessed at: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter19C/Section15.

8.4 National Criminal Background Check

Employees of awarded Providers are subject to national criminal fingerprint-based background checks in accordance with M.G.L. c. 123B, c.19B, §§ 19-20 and 115 CMR 12.00: National Criminal Background Checks.

Fingerprint-based checks are to be conducted on applicants seeking licensure from the Department for residential or day services, or for other employees of provider agencies licensed, funded, or approved by the Department who have the potential for unsupervised contact with persons with intellectual or developmental disability. Any associated costs are the responsibility of the awarded Providers. Additional information is available by contacting the DDS National Criminal Background Check Unit at DDS.NationalBackgroundUnit@Mass.gov.

8.5 Privacy and Security

In performance of its duties under the Contract, awarded Providers shall comply with all obligations set forth in Attachment C, the Business Associate Agreement Standard Terms and Conditions Addendum, and awarded Providers must comply with M.G.L. c. 66A, M.G.L. c. 93H, M.G.L. c. 123B, §17, 801 CMR 3.00, 201 CMR 17, 115 CMR 4.05,4.06, and 9.19, and the HIPAA Privacy and Security Rules (45 CFR Part 160 and Part 164, Subparts A and E), 42 CFR 431, Subpart F, 42 CFR Part 2, and any other applicable federal or state law or regulation pertaining to the use, disclosure, maintenance, privacy, confidentiality or security of Protected https://www.mass.gov/lists/guidance-and-information-for-organizations-subject-to-the-cori-regulations-at-101-cmr-1500 https://www.mass.gov/lists/guidance-and-information-for-organizations-subject-to-the-cori-regulations-at-101-cmr-1500 https://www.mass.gov/doc/criminal-offender-record-checks-effective-april-21-2017/download https://www.mass.gov/doc/criminal-offender-record-checks-effective-april-21-2017/download https://www.mass.gov/doc/118-cmr-15-department-and-employer-registry-related-hiring-and-retention-procedures/download https://www.mass.gov/doc/118-cmr-15-department-and-employer-registry-related-hiring-and-retention-procedures/download https://www.mass.gov/orgs/disabled-persons-protection-commission https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter19C/Section15 mailto:DDS.NationalBackgroundUnit@Mass.gov

Information (“PI”), which shall be defined as any “personal data” as defined in M.G.L. c. 66A, any “personal information” as defined in M.GL. c. 93H, and any other individually identifiable information that is treated as confidential under State or Federal Law (including, but not limited to, any state and federal tax return information) that the awarded Provider uses, maintains, discloses, receives, creates, transmits or otherwise obtains in connection with its performance of its duties. Any PI created or maintained by the awarded Provider pursuant to the Contract, shall only be used for the purposes stated in the Contract. As of the Contract effective date, the awarded Provider shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of PI and that prevent use or disclosure of such PI other than as provided for the Contract.

9.0 Supplier Diversity Program

Program Background. Pursuant to Executive Order 599, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Providers and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized (see below for more information) by the Supplier Diversity Office (SDO).

Financial Commitment Requirements. All Providers responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise(s) or non-profit organization(s). This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum acceptable Total SDP Commitment in response to this solicitation shall be 1%. Providers shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Provider without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Providers regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

• Minority-Owned Business Enterprise (MBE)

• Minority Non-Profit Organization (M/NPO)

• Women-Owned Business Enterprise (WBE)

• Women Non-Profit Organization (W/NPO)

• Veteran-Owned Business Enterprise (VBE)

• Veteran Non-Profit Organization (V/NPO)

• Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

• Disability-Owned Business Enterprise (DOBE)

• Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LGBTBE)

Eligible Types of Business-to-Business Relationships. Providers may engage SDP Partners as follows:

• Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

• Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the awarded Provider’s contract with the Commonwealth but may be related to the awarded Provider’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. If subcontracting is proposed, it must meet all the subcontracting provisions (if any) listed in this RFR.

https://www.mass.gov/doc/supplier-diversity-program-sdp-rfr-template-language/download https://www.mass.gov/sdp https://www.mass.gov/supplier-diversity-office

Program Flexibility. The SDP encompasses the following provisions to support Providers in establishing and maintaining sustainable business-to-business relationships meeting their needs:

• SDP Partners are not required to be subcontractors.

• SDP Partners are not required to be Massachusetts-based businesses.

• SDP Partners may be changed or added during the term of the contract, provided the awarded

Provider continues to meet its SDP Commitment.

SDP Plan Form Requirements. All Providers must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Provider must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Provider may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Providers may propose SDP Partners that are:

• Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the SBA Veterans Small Business Certification (VetCert) directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

• Certified by one of SDO’s recognized third-party certification bodies but not yet listed in the SDO Directory of Certified Businesses: Such partners must be certified in eligible categories by one of SDO’s recognized third-party certification bodies, which include the City of Boston, the Greater New England Minority Supplier Development Council (GNEMSDC), the Center for Women & Enterprise (CWE), Disability: IN, National LGBT Chamber of Commerce (NGLCC), or the National Veteran Owned Business Association (NaVOBA), but have not yet opted to be listed in the SDO Directory of Certified Businesses. In order to opt into SDO’s Directory of Certified Businesses, the SDP partner must follow the applicable expedited instructions on SDO’s Apply for Recognition as a Third-Party Certified Business webpage. Self-certification is not acceptable. While Providers may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the awarded Provider’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the awarded Provider must find alternative SDP Partners to meet the SDP Commitment.

• Not yet certified or recognized by the SDO or one of SDO’s recognized third-party certification bodies: Such partners must be certified in eligible categories by other third-party certification bodies that are not yet recognized by the SDO, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, or the Women Business Enterprise National Council, but are not listed in the above-mentioned directories. Self-certification is not acceptable. While Providers may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the awarded Provider’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the awarded Provider must find alternative SDP Partners to meet the SDP Commitment.

It is the responsibility of the awarded Provider to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Awarded Providers may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://veterans.certify.sba.gov/ https://www.boston.gov/departments/supplier-diversity#get-your-business-certified https://www.boston.gov/departments/supplier-diversity#get-your-business-certified https://gnemsdc.org/certification/ https://www.cweonline.org/ https://disabilityin.org/what-we-do/supplier-diversity/get-certified/ https://www.nglcc.org/get-certified https://www.nglcc.org/get-certified https://www.navoba.org/certification https://nmsdc.org/mbes/mbe-certification/ https://www.wbenc.org/certification/ https://www.mass.gov/forms/take-the-certification-self-assessment

It is desirable for Providers to provide a description of supplier diversity businesses practices. Specifically, listing contact information for the individual or unit responsible for establishing and maintaining supplier diversity relationships, and including a written policy for establishing and maintaining supplier diversity relationships.

It is also desirable for Providers to use the SDP Plan Form to describe additional initiatives related to engaging, buying from and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

• Serving as a mentor in a mentor-protégé relationship.

• Technical and financial assistance provided to diverse businesses.

• Participation in joint ventures between nondiverse and diverse businesses.

• Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

Evaluation of SDP Forms. To encourage Providers to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Providers’ workforce diversity initiatives will not be considered in the evaluation.

SDP Spending Reports and Compliance. After contract award, awarded Providers must submit reports at least annually to demonstrate compliance with the agreed-upon SDP Commitment. To submit SDP spending reports using the Supplier Diversity Hub (Hub), awarded Providers must create a profile in the Hub. Awarded Providers must follow report submission instructions from the issuing department and the SDO.

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in SBA Veterans Small Business Certification (VetCert) directory shall be counted toward an awarded Provider’s compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting an awarded Provider’s SDP Commitment.

It is the responsibility of the awarded Provider to ensure they meet their SDP Commitment, and the SDO, and the issuing department, assume no responsibility for any awarded Provider’s failure to meet its SDP Commitment.

SDP Spending Verification. The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the awarded Provider.

Program Resources and Assistance. Providers seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/ http://www.mass.gov/sdp mailto:sdp@mass.gov

9.0 Supplier Diversity Program