CE RFR 2021.pdf

Document Sensitivity Level: High during development; Low once published.

Revised: October 20, 2020

THE COMMONWEALTH OF MASSACHUSETTS

EXECUTIVE OFFICE OF HEALTH AND HUMAN

SERVICES

MASSACHUSETTS REHABILITATION

COMMISSION, DISABILITY DETERMINATION

SERVICES

135 SANTILLI HIGHWAY, EVERETT, MA 02149

Request for Response (RFR)

Document Title: Consultative Evaluations 2021

RFR # DDSMRC-CE2021

COMMBUYS Bid#: BD-21-1071-DDS-MEDR1-63004

May 20, 2021

Revised: October 20, 2020

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on COMMBUYS (www.COMMBUYS.com). All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the OSD Help Desk Helpdesk at OSDHelpDesk@mass.gov or the OSD Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

http://www.commbuys.com/ mailto:OSDHelpDesk@mass.gov

Table of Contents Page i

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

1.2 Background information

1.3 Applicable Procurement Law

1.4 Number of awards

1.5 Eligible Entities

1.6 Acquisition Method(s)

1.7 Contract Duration

2 ESTIMATED PROCUREMENT CALENDAR [DEADLINE FOR QUOTES/BID RESPONSES

(“BID OPENING DATE/TIME” IN COMMBUYS]

2.1 Amendment Deadline

2.2 Site Inspection

3 SPECIFICATIONS

3.1 Bidder Qualifications

3.1.1 Company certifications and affiliations

3.1.2 Employee Requirements

3.1.3 Service Level Agreements (SLAs)

3.1.4 Disposal services, data erasure, ability to be recycled and end of life requirements

3.1.5 Statement of Work (SOW) requirements

3.1.6 Requirements at Contract or engagement termination

3.2 Environmental Specifications

3.2.1 Executive Order 515, Establishing an Environmental Purchasing Policy

3.3 Compensation Structure/Pricing

3.3.1 Travel expenses and all other expenses

4 OTHER TERMS:

4.1 Continued qualification based on performance

4.2 Reporting

4.3 Security and confidentiality

4.4 Contract Management (Contractor’s interface with Commonwealth Contract

Manager)

4.5 Failure to perform contractual obligations

Table of Contents Page ii

5 EVALUATION CRITERIA

5.1 Mandatory requirements

5.2 Desirable specifications

5.3 Evaluation Components

5.3.1 Supplier Diversity Plan (formerly Affirmative Market Plan) (minimum of 10% weight)

5.3.2 Company certifications and affiliations

5.3.3 References and reference information and/or requirements

5.3.4 Customer forecasting

6 HOW TO SUBMIT A QUOTE

6.1 Quote submission method ………………………………….……………………………….. 12

6.2 Quote contents ………………………………………………………………………………… 12

6.2.1 RFR submission checklist…………………………………………………………………… 12

6.2.2 Ink signatures………………………………………………………………………………….. 12

6.2.3 Prohibition regarding contract terms………………………………………………………… 12

7 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

7.1 General Procurement Information

7.1.1 Access to security-sensitive information

7.1.2 Alterations

7.1.3 Ownership of Submitted Quotes

7.1.4 Prohibitions

7.1.5 Commonwealth Tax Exemption

7.1.6 Contractor’s Contact Information

7.1.7 Publicity

8 APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS

9 APPENDIX 3 - INSTRUCTIONS FOR EXECUTION AND SUBMISSION OF

COMMONWEALTH STANDARD FORMS

9.1 Commonwealth Standard Contract Form

9.2 Request for Taxpayer Identification Number and Certification

9.3 Contractor Authorized Signatory Listing

9.4 Supplier Diversity Program Plan Form 1

RFR DDSMRC-CE 2021 / COMMBUYS Bid# BD-21-1071-DDS-MEDR1-63004

1 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

Disability Determination Services (DDS), under the Massachusetts Rehabilitation Commission (MRC), determines eligibility for the Social Security Administration, under Title II and Title XVI benefits. Throughout Massachusetts, Disability Determination Services is seeking medical and psychological contractors to conduct consultative examinations in their own practice, to establish claimant eligibility as described in section C of this RFR.

1.2 Background information

The Massachusetts Rehabilitation Commission (MRC) is a learning and participatory performance culture with an emphasis on high performance teams, individual performance/contribution/impact, and engaging in activities to promote and support a program/division/agency (e.g., committee membership, Roadmap workgroup membership, presenting at Town Halls, achieving learning and performance goals). In addition, MRC is an agency committed to diversity, equity, inclusion and racial equity, as well as innovation, transformation and change, and creating a culture of agility, excellence, and belonging.

1.3 Applicable Procurement Law

This Bid is issued under the following law(s): MGL c. 7, § 22; c. 30, § 51, § 52

1.4 Number of awards

The target maximum number of Contractors is three hundred (300). This is a target number; the Strategic Source Team (SST) may award more or fewer Contracts if it is in the best interests of the Commonwealth to do so.

1.5 Eligible Entities

Any contract resulting from this Bid will be open for use to the Issuing Entity Only.

1.6 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Bid are Fee for Service.

1.7 Contract Duration

The expected duration of this contract is as follows:

Contract Duration Number of

Options Number of

Years/Months Instructions

Initial Duration July 1, 2021 or date of award, whichever is later, through June 30, 2026

Initial contract term will be for five (5) years and will run from July 1, 2021 or the execution date through June 30, 2026.

Renewal Options TWO (2) July 1, 2026 through June 30, 2029 and July 1, 2029 through June 30, 2032

Two options to renew for a period of 3 years each.

Total Maximum Contract Duration

July 1, 2021 through June 30, 2032

Initial contract term is for five (5) years with two renewal options for a period of three (3) years each for a total contract term of eleven (11) years.

2 ESTIMATED PROCUREMENT CALENDAR

EVENT DATE

Bid Release Date May 20, 2021

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

Rolling

Site Inspections for Selected Bidder(s) (Estimated)

Bidders will be notified individually and be given at least 1 week notice if Site Inspections are required. Site Inspections are required for any new bidder.

Notification of Apparent Successful Bidder(s) (Estimated). Notification will be sent by email.

June 30, 2021

Estimated Contract Start Date July 1, 2021

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail.

Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.1 Amendment Deadline

The Strategic Source Team reserves the right to make amendments to the Bid after initial publication.

2.2 Site Inspection

Site inspections are mandatory prior to starting a new contract and will be conducted with or without prior notice throughout the duration of the contract. Office and building must be easily identifiable, clean, appropriately furnished, have visible exit signs and bathrooms must be available for claimants to use. Office must allow for patient privacy and confidentiality.

3 SPECIFICATIONS

Additional required terms appear in the Appendices to this RFR.

3.1 Bidder Qualifications

3.1.1 Company certifications and affiliations

Statutory, certification and license requirements- Medical Consultants must hold a current license to practice medicine, psychology or nursing. The license must be in good standing with the licensing board and the consultant must not be listed on the National Exclusion List. Any prior disciplinary action or suspension/probation of license will be reviewed and contract eligibility will be determined by the Director of Medical Contract Management. Medical Consultants are required to notify the Director of Medical Contract Management immediately any time their license is not in good standing or a disciplinary action has been issued against their license.

3.1.2 Employee requirements

Contractors must possess a valid and current Commonwealth of Massachusetts license in medicine or psychology.

Preference will be given to those candidates who are:

Familiar with the medical policies and procedures established by the SSA Disability

Program;

Knowledgeable and experienced in the interpretation of medical documentation and the assessment of disabilities according to legal standards and federal requirements.

Board certified or board eligible in his/her specialty (other than psychologists and nurse practitioners/physician assistants).

3.1.3 Service Level Agreements (SLAs)

Response time guarantee- Signed examination reports are due to the DDS within 15 calendar days from the date of exam.

Wait time guarantee- Medical Consultants are expected to wait at least 15 minutes from the appointment time before cancelling claimant appointments if the claimant is late for the exam.

Maintenance- Reports should be destroyed once payment is received by the Medical

Consultant

Quality- Quality of reports will be reviewed on an on-going basis by the Chief In-House Medical Consultants.

Service Level Agreement Penalties- If the signed report is not received within 15 calendar days from the date of examination, the fee will be reduced by $15.00. An additional $15.00 penalty (for a total of $30.00) will be assessed if the signed report is not received within 30 calendar days from the date of examination.

Medical ancillaries are part of the signed CE report. Consultants are required to schedule ancillaries as part of the consultative examination and are considered part of the signed report.

3.1.4 Disposal services, data erasure, ability to be recycled and end of life requirements- Reports should be destroyed by the Medical Consultant once payment for services is received.

3.1.5 Statement of Work (SOW) requirements

Payments

This contract is 100% federally funded. Individual contracts will not have a maximum obligation but will be rate contracts subject to the rules and regulations of Executive Office of Health and Human Services.

Enacted in August of 2008, Chapter 257 of the Acts of 2008, “AN ACT RELATIVE TO RATES FOR HUMAN AND SOCIAL SERVICE PROGRAMS,” (“Chapter 257”) specifies that the Secretary of the Executive Office of Health and Human Services (EOHHS) shall have the sole responsibility for establishing rates of payment for social service programs. As such, all social service programs will have rates set and regulated by the EOHHS. EOHHS will implement this law beginning in state fiscal year (SFY) 2010 and the implementation will be completed by SFY 2013. This law will affect most social service programs under contract with EOHHS Agencies. This law does not affect rates for services purchased under the Medicaid program.

Procurements and contracts for social services where rates have been set and/or are currently regulated will reference the regulations pertaining to those services. Beginning July 1, 2009, procurements and contracts issued for social services where rates have not been set or regulated are subject to change as a result of implementation of Chapter 257. This change may affect both service rates and reimbursement structures. These changes may occur at anytime throughout the duration of the affected procurement

(MRC Disability Determination Services may, at the discretion of the Contract Manager and the Deputy Commissioner, adjust the rates paid under this contract if and when new rates are established by EOHHS.)

Availability of Service

Consultants will be expected to provide appointment slots on an “as needed” basis within reasonable time frames. Consultants are encouraged to submit “pre-booking” schedules in those areas where the DDS has its greatest needs.

Organizational Structure

Individual claimant’s cases are processed to determine their medical/vocational disabilities and ascertain their eligibility by twenty-one (21) Case Processing Units staffed by Vocational Disability Examiners. Case processing work is assigned to each Case Processing Unit based on the geographic location of that claimant’s residence. Each Case Processing Unit is supervised by a Chief Vocational Disability Examiner who reports to a Regional Director. There are three (3)

Regional Directors; each is responsible for management and administration of the 3 to 7 Case Processing Units that comprise a Region.

A Chief Medical Consultant and Chief Psychiatric Consultant work with In-house Medical Consultants, Unit Supervisors, the Quality Assurance Unit, and DDS Managers concerning medical disability issues and monitor the quality of the consultative evaluations procured under this contract. They may, on occasion, need to request additional information regarding a particular case.

Orientation and Training

The Professional Relations Department of the DDS will provide each contractor with orientation and training in the Social Security Disability Program requirements for conducting consultative evaluations. A chief consultant will be available for any questions. Programmatic changes will be distributed via a newsletter.

Confidentiality

Data and information either provided to the Contractor or generated by activities under this proposed contract shall be privileged. The Contractor shall be restricted from duplicating, using, or disclosing such data or information, in whole or in part, outside the Disability Determination Services for any purpose other than the fulfillment of the requirements set forth in this contract.

This restriction does not limit the Contractor’s right to use the data or information if it is obtained from an unrestricted source. Any questions about “privileged information” shall be referred to the Contract Manager.

PII

The Social Security Administration secure environment is comprised of a system housed within the SSA and DDS that are protected by the SSA firewall and trusted systems. Trusted systems are external to SSA and include formal agreements between SSA and consultative examination providers. Personally identifiable information regarding claimants should not be shared outside our secure environment or trusted systems.

Transporting files, documents, or electronic devices containing PII must do the following. Make every reasonable effort to secure and lock PII and electronic devices (e.g., computers, laptops and flash drives) during transport and when you reach your destination, e.g., in a locked trunk, briefcase, or other lockable device. Do not leave PII or electronic devices out of your control while transporting them. (This requirement may be subject to Transportation Security Administration regulations when traveling by air).

The office of management and budget (OMB) requires all Federal agencies and their associated state agencies, to report within one hour of discovery the loss of potential loss of Personally Identifiable information (PII) to the Department of Homeland Security’s Computer Emergency Readiness Team (US-CERT). The Social Security Administration (SSA), in turn, extends this requirement to the Disability Determination Services (DDS). PII is defined as any information in paper or electronic format containing PII collected and maintained as part of SSA’s business processes, which the agency has reason to believe has left its custody, or has been disclosed to an unauthorized individual or entity, in circumstances that are likely to lead to its misuse. PII loss may involve theft, malicious/deliberate breach, or accidental mishandling of Personally Identifiable information.

The following procedures apply to PII in either electric or paper form and cannot be part of electronic communication between consultative examiners and DDS employees. Examples of PII include a person’s name, date of birth, Social Security number, bank account information, address, medical records, health information, and Social security benefit data. Therefore, this information cannot be exchanged over the internet. Contractors must report the loss or suspected loss of PII irrespective of the medium (paper, electronic, etc.) to DDS employee immediately.

Supervision

New providers under this Consultative Evaluation contract will be monitored by one of the DDS Chief Consultants (Medical, Psychiatric, and Psychological) and will receive feedback as appropriate and necessary. After three consultative reports have been received and approved by the Chief Consultant, the contractor will be given regular referrals on an “as needed” basis. On-going audits will be conducted by the Chief Consultants both randomly and as specific issues are brought to their attention by In-house Medical Consultants and/or Vocational Disability Examiners.

In addition, CE evaluation appraisal forms are included with all claimant notification to be filled out after the examination has taken place. These appraisals will be closely reviewed by the Professional Relations Department and any concerns will be addressed in writing to the medical consultant and a response is required within thirty (30) days.

Contractor Responsibilities

Physicians under this contract will:

1. Examine referred claimants to perform the services authorized by MRC/DDS and disclose all positive, negative, or normal findings by the body system in a narrative report. The Disability Program is based on objective medical, psychiatric, and/or psychological findings.

Therefore, all diagnostic impressions must be indicated and supported by clinical, lab, and other objective evidence. The consultant must not make a judgment of disability either in the report or to the disability claimant. The consultant is expected to maintain a level of quality in the reports acceptable to the MRC/DDS;

2. Provide and/or perform only those tests specifically authorized on the MRC/DDS official forms. Additional tests and/or services are specifically prohibited except in the event of an acute emergency or where advance authorization is obtained from an MRC/DDS medical officer as provided in number three (3) below. Pre-authorized tests and services will be recognized as legitimate MRC/DDS obligations. Without such advance authorization no payment will be made for such services except those rendered in the event of an acute emergency arising in the course of a pre-authorized examination;

3. Secure authorization for any additional examinations/tests or request clarification concerning examinations or tests ordered. Consultant shall request such authorization or clarification by telephone from an MRC/DDS disability examiner, supervisor, or in-house medical consultant;

4. Dictate authorized narrative reports to the MRC/DDS, for transcription and receipt of the signed report and all ancillaries by the DDS within fifteen (15) days of the examination.

Consultants not using the DDS transcription service are expected to send the narrative report and all studies within fifteen (15) days of the examination. Failure to meet these time requirements shall result in a $15.00 reduction in the fee paid by the MRC/DDS. An additional $15.00 penalty (for a total of $30.00) will be assessed if the signed report is not received within 30 calendar days from the date of examination;

5. Use the DDS transcription service only for work authorized by the MRC/DDS;

6. The narrative CE report and all studies must be submitted in electronic format, which includes uploading through SSA’s electronic website or by faxing to the dedicated fax number on the bar-coded cover sheet.

7. Arrange with his/her lab service, if requested, for timely delivery of pre-ordered lab test results prior to dictating the report. Lab results/findings must be cited in the consultant’s narrative report;

8. Ensure that all lab findings and/or tracings are attached to the signed report and submitted to the MRC/DDS with the invoice within fifteen (15) calendar days of the appointment;

9. Maintain professional licenses necessary for the fulfillment of professional consultation obligations under this Agreement;

10. Maintain claimant records until payment has been received for that examination.

11. Refer all re-scheduling requests to the DDS CE Placement Unit. Re-scheduling must not be done by the contractor.

12. Provide the DDS with a copy of each license renewal as it occurs during the period of the contract.

13. Assume responsibility for accurate reporting of “broken” and “kept” appointments within twenty-four (24) hours from the scheduled date of examination, as this information may adversely affect the decision regarding a claimant’s eligibility for disability benefits.

14. Provide notification to the CE Placement Supervisor for Boston or Worcester of any change in name, address, tax ID number, etc. Failure to provide this information may result in delayed payments to the contractor.

15. PII (Personally Identifiable Information)-

While safeguarding Electronic Files containing PII:

Under no circumstances are you to communicate by email any personally identifiable information (claimant name, SSN, DOB, address). Emails should contain the claimant’s case number or initials and date of examination only.

Virtual Gateway Business Services. During the term of this contract, The Executive Office of Health and Human Services (EOHHS) will implement and enhance a number of business services through the Virtual Gateway in addition to existing services including, but not limited to, Provider Data Management (PDM), Common Intake (IE&R), Enterprise Invoice Management (EIM) and Enterprise Service Management (ESM). EOHHS operates the Virtual Gateway business services, which permit users to access a variety of EOHHS programs and services. Virtual Gateway business services are accessible by end users with web browsers such as Internet Explorer (6.0 or above), and a broadband Internet connection that is capable of high-speed data transmission, such as a Local Area Network (LAN), a cable modem, or DSL. If MRC/DDS directs contractor during the term of this amended contract to access certain services through the Virtual Gateway, contractor agrees to submit all specified information including, but not limited to, invoices, contract and/or other information to MRC/DDS through these web-based applications, and agrees to comply with all applicable MRC/DDS and EOHHS policies and procedures related to such services. Contractor agrees to use all business services through the Virtual Gateway required by MRC/DDS and to take all necessary steps to insure that it, and its subcontractors or affiliates, has access to and utilize all required web-based services. Contractor further agrees to execute and submit all required agreements, including subcontracts, MOAs, confidentiality and/or end user agreements in connection with obtaining necessary end user accounts for any Virtual Gateway business service.

3.1.6 Requirements at Contract or engagement termination

Upon termination of contract, either by the Massachusetts Rehabilitation Commission Disability Determination Services or at the contractor/medical consultant’s request, it is expected that the contractor/medical consultant abide by the terms of his/her contract and submit any outstanding reports for claimants they examined within fifteen (15) calendar days from the date of exam.

Payment will not be rendered for signed reports received after ninety (90) days from the date of exam.

3.2 Environmental Specifications

The MRC, Disability Determination Services gives preference to responding bidders who demonstrate desirable environmental business practices. Additionally, in an effort to reduce paper, it is expected that all correspondence relating to receiving and submitting records and reports must be done electronically by either using the Social Security Administration’s Electronic Records Express Website or by fax.

3.2.1 Executive Order 515, Establishing an Environmental Purchasing Policy Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are considered to be products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products.

Questions concerning the EO or the appropriate specifications may be directed to OSD’s EPP Procurement Program, www.mass.gov/epp. The Order can be seen at https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy.

http://www.mass.gov/epp https://www.mass.gov/executive-orders/no-515-establishing-an-environmental-purchasing-policy

3.3 Compensation Structure/Pricing

This contract is 100% federally funded. Individual contracts will not have a maximum obligation but will be rate contracts subject to the rules and regulations of EOHHS.

Enacted in August of 2008, Chapter 257 of the Acts of 2008, “AN ACT RELATIVE TO RATES FOR HUMAN AND SOCIAL SERVICE PROGRAMS,” (“Chapter 257”) specifies that the Secretary of the Executive Office of Health and Human Services (EOHHS) shall have the sole responsibility for establishing rates of payment for social service programs. As such, all social service programs will have rates set and regulated by EOHHS. EOHHS will implement this law beginning in state fiscal year (SFY) 2010 and the implementation will be completed by SFY 2013. This law will affect most social service programs under contract with EOHHS Agencies. This law does not affect rates for services purchased under the Medicaid program.

Procurements and contracts for social services where rates have been set and/or are currently regulated will reference the regulations pertaining to those services. Beginning July 1, 2009, procurements and contracts issued for social services where rates have not been set or regulated are subject to change as a result of implementation of Chapter 257. This change may affect both service rates and reimbursement structures. These changes may occur at anytime throughout the duration of the affected procurement

(MRC Disability Determination Services may, at the discretion of the Contract Manager and the Assistant Deputy Commissioner, adjust the rates paid under this contract if and when new rates are established by EOHHS.)

3.3.1 Travel expenses and all other expenses

Commuting expenses will not be reimbursed.

4 OTHER TERMS

4.1 Continued qualification based on performance- Reports must continue to remain timely and in good quality as assessed by the Chief In House Medical Consultants. All consultative examinations are subject to claimant feedback and reviewed by the Director of Medical Contract Management and Professional Relations. Patterns of repeated unsatisfactory claimant feedback and complaints may result in remedial review.

4.2 Reporting.

Contractors are responsible for compliance with all other contract reporting requirements including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

4.3 Security and confidentiality

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

Data and information either provided to the Contractor or generated by activities under this proposed contract shall be privileged. The Contractor shall be restricted from duplicating, using, or disclosing such data or information, in whole or in part, outside the Disability Determination Services for any purpose other than the fulfillment of the requirements set forth in this contract.

This restriction does not limit the Contractor’s right to use the data or information if it is obtained from an unrestricted source. Any questions about “privileged information” shall be referred to the Contract Manager.

4.4 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager) The “Purchaser” contact listed in the Master Blanket Purchase Order on COMMBUYS for this Contract is the Commonwealth Contract Manager.

All Contract questions must be directed to the Commonwealth Contract Manager.

Timely response to requests- A timely, forty eight hour (48) response is required for DDS Personnel clarification of consultative exam.

Meetings- it is expected that the medical consultant will make themselves available for an orientation in their office prior to the start of their contract. Additionally, it is expected that the medical consultant makes themselves available for an agency representative to visit their office at least once per year or as needed.

Commonwealth Contract Manager – Patricia Cody Contract Fee Schedule – Fee schedules are reviewed annually and available through the agency Medical/Professional Relations Officers.

Web sites specifically designed for this Contract- Medical Consultants are expected to use the SSA Electronic Records Express website to receive exam information and upload signed reports.

Change notification Changes to the Contractor’s contact information, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to the Professional Relations Officer. In some cases additional paperwork will be required to effect the change.

Report requirements & due dates Reports must be deemed usable for SSA Disability Determination purposes as outlined in the policies and procedures consultative evaluation reporting standards.

Right to inspect place of business without prior notice.

4.5 Failure to perform contractual obligations

Failure to perform contractual obligations may result in Termination of contract or Suspension of the contract until an investigation and decision of contract status can be made and consultation with agency legal department.

5 EVALUATION CRITERIA

5.1 Mandatory requirements

Medical Consultants must have an active and current license from the Board of Registration in Medicine or Division of Professional Licensure. Medical Consultants must not be listed on the National Exclusion list (System of Award Management website). Licenses with a history of suspension/probation is subject to review by the Director of Medical Contract Management.

Mandatory Specifications must be met in order for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components to them that may be evaluated by the Strategic Source Team. The Strategic Source Team reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or can be easily corrected.

Bid sections that include terms such as: “must”, “shall”, “will” and “required” are “mandatory.” Failure to meet the requirements of a mandatory specification without providing an alternate that is acceptable to the evaluators may result in the disqualification of a Bidder's proposal.

5.2 Desirable specifications

RFR specifications prefaced with language such as: "desirable", "could," "can," "should," "preferably," "prefers," "suggested," and "requested" identify a desirable or discretionary item or factor that is considered by the Purchaser to be "desirable." The Purchaser has listed all desirable specifications which will receive points in the evaluation criteria.

5.3 Evaluation Components

The following components will be some of the criteria considered by the Strategic Source Team when evaluating each Quote:

5.3.1 Supplier Diversity Plan (formerly Affirmative Market Plan) (minimum of 10% weight) Bidders responding to this RFR are required to submit a Supplier Diversity Plan. Requirements for the Supplier Diversity Plan are included in Section 9.

5.3.2 Company certifications and affiliations – Medical Doctors should preferably be affiliated with area hospitals.

5.3.3 References and reference information and/or requirements- License checks are done through the state licensing boards and through the federal national exclusion list (System for Award Management website). Licensing must be current and in good standing.

5.3.4 Customer forecasting Volume of examination scheduling is not guaranteed and may fluctuate determined by agency needs.

6 HOW TO SUBMIT A RESPONSE

All interested medical doctors, psychologists, nurse practitioners and physician assistants must submit the following documents for consideration: curriculum vitae or resume, license to practice in medicine, psychology, as a nurse practitioner or physician assistant. Upon receipt and review, a Medical/Professional Relations Officer will send out the required contract and necessary documents.

6.1 Quote Submission Method

All original, signed documents must be submitted to the Medical/Professional Relations Officer by mail. Faxed or emailed documents will not be accepted.

6.2 Quote Contents

Bidders must comply with the requirements below.

6.2.1 RFR Submission Checklist

Strategic Sourcing Services Teams seek to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit the RFR Submission Checklist and all documents referenced in the Checklist.

Curriculum Vitae/Resume Copy of Medical/Psychological/Nurse Practitioner or Physician Assistant License Commonwealth of Massachusetts Standard Contract Form Contractor Authorized Signatory Listing

Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) Electronic Funds Transfer Sign Up Form Supplier Diversity Commitment Form License and Credentials Certification Certificate of Non-State Employee

6.2.2 Ink Signatures

The Commonwealth of Massachusetts requires Contractors to submit original ink-signature versions of the following forms:

Standard Contract Form Contractor Authorized Signatory Listing Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) Electronic Funds Transfer Sign Up Form Supplier Diversity Commitment Form License and Credentials Certification Certificate of Non-State Employee

6.2.3 Prohibition regarding contract terms

Bidders must not, as part of submission their Technical Response Package, propose additional contractual terms, or supplemental or clarifying language pertaining to contractual terms, even if the proposed additions/clarifications are not in conflict with the Commonwealth Terms and Conditions, the Standard Contract Form, or other documents comprising this RFR. It is essential for Contracting Departments that all contractors’ Statewide Contracts can be depended upon to incorporate the same terms and only those terms.

7 APPENDIX 1 – REQUIRED TERMS FOR ALL RFRS

7.1 General Procurement Information

7.1.1 Access to security-sensitive information

Bidders agree to adhere to this section in the event that an eligible entity provides a Contractor with security-sensitive information which, pursuant to MGL c. 4, § 7, cls. 26(n), is generally exempt from public disclosure under the Commonwealth’s public records laws and must, for public safety purposes, be safeguarded from widespread public disclosure. This security-sensitive information is in the form of blueprints, plans, policies, procedures, schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, and/or any other records relating to the security or safety of persons (pursuant to MGL c. 66A) or buildings, structures, facilities, utilities, transportation, information technology or other infrastructure located within the Commonwealth. Qualified prospective Bidders that are interested in accessing this information for the purpose of preparing a Quote must, before being allowed to access the information, sign a confidentiality agreement, thereby agreeing to:

restrict the use of these sensitive records for any other purpose than as authorized and for the purpose of putting together a bid proposal;

safeguard the information while it is in their possession (consistent with Section 6 of the Commonwealth Terms and Conditions); and return such records and materials to the Commonwealth upon completion of the project.

7.1.2 Alterations

Bidders 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 Quote.

7.1.3 Ownership of Submitted Quotes

The Strategic Source Team shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active.

Bidders may also 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.

7.1.4 Prohibitions

Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the Strategic Source Team regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person using the contact information provided in the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the OSD Help Desk (see the document cover page for contact information).

http://www.mass.gov/legis/laws/mgl/gl-66a-toc.htm

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

7.1.5 Commonwealth Tax Exemption

Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

7.1.6 Contractor’s Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current.

If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the Strategic Source Team to be lost or rejected by any means including email or spam filtering.

7.1.7 Publicity

Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers or addresses, or any other information except as specifically authorized by the Strategic Source Team.

8 APPENDIX 2 - RFR - REQUIRED SPECIFICATIONS

Supplier Diversity Program (SDP). Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

Partnerships with certified diverse businesses: All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and/or LGBTBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans will be evaluated at 10% or more of the total evaluation score for all for Large Procurements (those with a total value of greater than $150,000). SDP Plan submission is encouraged but not required for Small Procurements (those with a total value equal to or less than $150,000).

http://www.mass.gov/governor/legislationexecorder/execorders/executive-order-no-565.html

Once an SDP commitment is approved, the agency will monitor the Contractor’s performance, and use the Contractor’s reported expenditures with M/WBEs, M/WNPOs, VBEs and SDVOBEs to fulfill their own SDP expenditure benchmarks. The Commonwealth reserves 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 Contractor.

SDP Forms: Unless otherwise specified in the RFR, the following SDP forms are required to be submitted by the deadlines noted below in order to meet the mandatory participation requirements of the SDP:

SDP Plan Form #/Name Submitted By When Submitted

SDP Plan Form #1 – SDP Plan Commitment

All Bidders With Bid Response

SDP Plan Form #2 – Declaration of SDP Partners

Newly Awarded Contractors

Within 30 days of contract execution

SDP Plan Form #3 – SDP Spending Report

Contractors Within 45 days of the end of each quarter

In addition to the requirements above, all bidders must follow the requirements set forth in the Supplier Diversity Program (SDP) Plan Section of the RFR. During the life of the contract, the Commonwealth reserves the right to expand the range of certified business categories available for SDP partnerships to all those mentioned above and/or request reports on the Contractors’ spending with such certified business categories.

Supplier Diversity Program (SDP) Resources: Bidders may refer to the SDP Resources for Vendors and Contractors webpage for additional program information, training and compliance resources.

Agricultural Products Preference (only applicable if this is a procurement for Agricultural Products) - Chapter 123 of the Acts of 2006 directs the State Purchasing Agent to grant a preference to products of agriculture grown or produced using locally grown products. Such locally grown or produced products shall be purchased unless the price of the goods exceeds the price of products of agriculture from outside the Commonwealth by more than 10%. For purposes of this preference, products of agriculture are defined to include any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products, the raising of livestock, including horses, raising of domesticated animals, bees, fur-bearing animals and any forestry or lumbering operations.

Costs. Costs which are not specifically identified in the bidder’s response, and accepted by a department as part of a contract, will not be compensated under any contract awarded pursuant to this RFR. The Commonwealth will not be responsible for any costs or expenses incurred by bidders responding to this

RFR.

Electronic Funds Transfer (EFT). All bidders responding to this RFR must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp#program-resources-for-bidders-and-contractors-https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp#program-resources-for-bidders-and-contractors-http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/osd-forms.html http://www.mass.gov/osd https://massfinance.state.ma.us/VendorWeb/vendor.asp http://www.mass.gov/osc requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

The requirement to use EFT may be waived by the Strategic Source Team on a case-by-case basis if participation in the program would be unduly burdensome on the bidder. If a bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in its response.

The Strategic Source Team will consider such requests on a case-by-case basis and communicate the findings with the bidder.

HIPAA: Business Associate Contractual Obligations. Bidders are notified that any department meeting the definition of a Covered Entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will include in the RFR and resulting contract sufficient language establishing the successful bidder’s contractual obligations, if any, that the department will require in order for the department to comply with HIPAA and the privacy and security regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) (the Privacy and Security Rules). For example, if the department determines that the successful bidder is a business associate performing functions or activities involving protected health information, as such terms are used in the Privacy and Security Rules, then the department will include in the RFR and resulting contract a sufficient description of business associate’s contractual obligations regarding the privacy and security of the protected health information, as listed in 45 CFR 164.314 and 164.504 (e), including, but not limited to, the bidder's obligation to: implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information (in whatever form it is maintained or used, including verbal communications); provide individuals access to their records; and strictly limit use and disclosure of the protected health information for only those purposes approved by the department. Further, the department reserves the right to add any requirement during the course of the contract that it determines it must include in the contract in order for the department to comply with the Privacy and Security Rules. Please see other sections of the RFR for any further HIPAA details, if applicable.

Public Records. All responses and information submitted in 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. Any statements in submitted responses that are inconsistent with these statutes, including marking by bidders of information as confidential during the quote submission process in COMMBUYS, shall be disregarded.

Reasonable Accommodation. Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact…