Clinical Consultants-24 Final RFR Specifications.docx

The Commonwealth of Massachusetts Department of Developmental Services

Address: 1000 Washington Street, Suite 410, Boston, MA 02118

Contact Name: Kathleen Gallagher, Deputy General Counsel

Email: DDSPOSProcurement@mass.gov

Request for Response (RFR)

Document Title: Clinical Consultants - 2024

COMMBUYS BID Number: BD-24-1023-1023C-1023L-94806

DDS RFR Document Identifier: Clinical Consult – 24

Date: November 3, 2023

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’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 Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network, or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/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. All Bidders are advised to allow adequate time for submission of their quotes by considering potential online impediments like Internet traffic, Internet connection speed, file size, and file volume. The Department of Developmental Services is not responsible for delays encountered by Bidders or their agents, or for a Bidder’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.

Public Records: All information, documents, and attachments submitted as a response to this RFQ 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.

Contents

1.0 Procurement Scope and Description

The Department of Developmental Services (“DDS” or “the Department”) seeks qualified Clinical Consultants to serve as authorized Department representatives to review and inspect programs seeking Level III Certification to determine the program’s compliance with 115 CMR 5.14A, and activities related thereto. Providers selected as qualified under this RFR will be placed on a Master Agreement.

1.1 Procurement and Contract Structure

This Request for Response incorporates all relevant provisions of 801 CMR 21.00 Procurement of Commodities and Services, the Standard Contract Form including related Instructions/Certifications, the Commonwealth Terms and Conditions, the Operational Services Division’s Required Specifications, Attachment C, and any updates to these documents during the life of this procurement.

1.2 Applicable Procurement Law

Applicable Laws

Executive Branch Goods and Services

1.3 Whether Single or Multiple Contractors Are Required For Contract(s)

Check One (“X”):

1.4 Calendar Rule Type

Applications will be accepted on a rolling basis until April 30, 2029. Proposals received after the BID Opening Date noted above will be reviewed on a quarterly basis unless the Department determines that an earlier review period is necessary.

1.5 Acquisition Method

An Awarded Bidder, working as a Clinical Consultant, will be compensated at an hourly rate commensurate with his or her experience and may be compensated for travel time at a rate to be negotiated with DDS.

Prior to the start of each fiscal year, DDS will notify selected bidders of the anticipated number of hours for that fiscal year.

The funding level between DDS and Contractor will be evaluated annually and a Service Summary Form (SSF) or similar document issued to support the funding level based on DDS’s need for Clinical Reviewers.

1.6 Use of a Procurement by a Single or Multiple Departments

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

1.7 Expected Duration of Contract

Anticipated Initial Duration up to: 6 months and 5 Years (January 1, 2024 – June 30, 2029) Anticipated Renewal Options: 0 options to renew Final End Date of this Contract: June 30, 2029

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.

1.8 Anticipated Expenditures, Funding or Compensation For Expected Duration Estimated Value of Procurement (Including Anticipated Renewal Options):$150,000 (approximately $30,000/year)

Check One (“X”):

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

Funds Balance Forward Requirement for 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 Specifications (Scope of Service)

DDS is the state agency within the Executive Office of Health and Human Services that is responsible for providing services and supports to Massachusetts’s citizens with intellectual disability and/or developmental disability.

The purpose of this RFR is to identify a list of licensed clinicians who are qualified, interested, and available to serve as authorized Department representatives to review and inspect programs seeking special certification for programs utilizing level III aversive interventions (Level III Certification) to determine such program’s compliance with 115 CMR 5.14A, and activities related thereto.

I. SERVICES TO BE PROVIDED:

Clinical Consultants will be required to:

· Conduct clinical reviews of individuals for whom a Level III Intervention(s) is proposed for use, or is used, for behavior modification purposes, receiving a Written Plan (referred to as a written behavior modification plan or a behavior treatment plan), in accordance with 115 CMR 5.14A(4), including the individuals’ records, data and information developed pursuant to such plan, observing the treatment and the written plan, including compliance with the regulatory requirements of 115 CMR 5.00

· Where possible, conduct an in-person interview(s) with the individual(s)

· Conduct such other interviews as deemed necessary to evaluate the appropriateness of the behavior treatment plan

· Conduct reviews of the program(s) utilizing Level III interventions for compliance with applicable regulations

· Write a report of the Consultant’s findings and conclusions, and submit such report to the DDS Commissioner or designee

II. SUPERVISION

All Bidders shall work under the general direction and supervision of the DDS Commissioner or designee.

3.0 Performance Requirements and Contract Monitoring

Bidders are required to follow the regulations and policies of DDS. Clinical Consultants will be appointed on an “as needed basis” and will be reimbursed for services rendered when used. The award of a Master Agreement contract does not commit DDS to purchase any services.

The Department reserves the right to accept or reject any and all responses received as a result of the RFR, to negotiate with any or all Bidders, and to cancel the RFR if it is in the best interest of the Department.

4.0 Contract Invoicing

Awarded Contractors will submit invoices to the Department at least semi-annually with a detailed breakdown of services provided.

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

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

5.0 Evaluation Process

The RFR Response, as prepared and submitted by the Bidder, is DDS’s primary source for obtaining essential information on which contract award decisions are based. Proposals should provide a straightforward, concise description of the bidder’s capabilities to satisfy the requirements of DDS. Completeness and clarity of content should be emphasized. It is important that the initial proposal be submitted in the most favorable terms from both a technical and cost standpoint. Bidders are strongly advised to thoroughly read and understand the entire RFR document prior to preparing and submitting a bid.

DDS will evaluate Responses submitted by Bidders using the Criteria set forth herein.

1. Currently licensed to practice psychology, psychiatry, or applied behavior analysis in the Commonwealth.

2. Experience providing services in support of individuals who exhibit extraordinarily difficult or dangerous behavioral problems that significantly interfere with appropriate behavior and/or the learning of appropriate and useful skills and that have seriously harmed or are likely to seriously harm themselves or others.

3. Demonstrated ability to apply the highest practicable professional and clinical standards to the treatment of persons with intellectual and/or developmental disability with extraordinarily difficult or dangerous behavioral challenges; to evaluate behavior treatment plans for such persons in accordance with such standards and to write reports regarding the same.

4. Training and/or experience, including post-graduate class work or formal training, in function based behavioral assessment and treatment.

5. Demonstrated history of experience and training in applied behavior analysis and behavioral treatment.

6. Ability to apply regulatory criteria and professional standards to program inspection and review.

7. Available and able to travel within the Commonwealth to conduct program review, inspections, and interviews.

6.0 Estimated Procurement Calendar

The BID opening date All responses to be submitted electronically using the online submission tools available to active COMMBUYS account holders.

November 24, 2023

A Bidder’s Conference will not be held.

This procurement is a “rolling” RFR. Responses may be submitted up to three months prior to the end date of the contract period. The Department reserves the right to accept submissions until the end of the contract period if such acceptance is in the best interest of the Department and individuals under its supervision.

7.0 Submission Requirements

The Bidder shall submit:

· A cover letter describing the bidder’s ability to provide the services described herein

· Curriculum vitae

· A current and valid license to practice psychology, psychiatry, or applied behavior analysis in the Commonwealth

· Documentation and support for possession of the education, training, and experience set forth at Section 5.0, above.

· A recent writing sample that demonstrates high quality legal writing and analytical skills, and the other forms required under this RFR as outlined in Section 5.0

7.1 Other Forms

The above attachments are available as part of the BID record on COMMBUYS . The above noted forms may change or be revised during the life of this procurement. Updated forms will be posted on COMMBUYS.

To receive a contract with the Commonwealth, a contractor 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 contractor will be issued a Vendor Customer Code number or a “VC” number. This VC number is used for all contracts that a contractor has with state agencies. An organization with existing state contracts, or a contractor 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.

Request for Taxpayer Identification Number and Certification (MASS Substitute W9 Form) If a Bidder previously submitted a Request for Taxpayer Identification and Certification Number (Mass. Substitute W9 Form) and has received a valid Massachusetts Vendor Code, an original W-9 form is not required. A copy of the form as filed may be included. If the Bidder’s name, address, or Tax ID Number have changed since the Mass. Substitute W9 Form was executed, a new Mass. Substitute W9 Form is required. The information on this form will be used to record the Bidder’s legal address and where payments under a State Contract will be sent. The company’s correct legal name and legal address must appear on this form, and must be identical to the legal name and legal address on the Commonwealth Terms and Conditions. Please do not use the U.S Treasury’s version of the W9 Form.

7.2 Prohibitions

Bidders are prohibited from communicating directly with any employee of the Department or any member of the Procurement Management Team regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide information or respond to questions or inquiries concerning this RFR. Bidders may contact the individual listed in contact information section of the Header Information this Bid in the event that this RFR is not complete, or information is missing.

7.3 Submission Instructions

All responses to be submitted electronically using the online submission tools available to Bidders 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.

All Quotes that wish to be considered for the anticipated start must be received by the Department of Developmental Services before the specified date, month, year and time of the Bid Opening Date displayed on COMMBUYS. Times displayed in COMMBUYS are Eastern Standard/Daylight Savings (US).

COMMBUYS Support The following resources are provided to assist Bidders in submitting Quotes:

· A link to a job aid on How to Submit a Quote on COMMBUYS

· A link to a job aid on Finding Open and Rolling BIDS While Logged into COMMBUYS Website: COMMBUYS

Email: If you have any questions or concerns contact the OSD Help Desk at OSDHELPDESK@MASS.GOV

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

Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab in COMMBUYS. Bidders 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 s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

Acceptable Forms of Signature Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within the statutory area of authority or control of CTR (i.e. contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or Page 2 b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.

All Bidders 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 Bidders or their agents, or for a Bidder’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.

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

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. Attachments must be uploaded individually and cannot be combined in a zipped file.

7.4 Amendments to BID

The Department reserves the right to make amendments to the Bid after the initial publication. It is each Bidder’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 Bidders who submit a quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

7.5 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 Bid.

7.6 Ownership of Submitted Quotes

The PMT shall be under no obligation to return 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 lockbox are the file of record. Bidders retain access to a “read-only” copy of this submission via COMMBUYS, as long as their account remains active. Bidders 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.

The Department reserves the right to accept or reject and all responses received as a result of the RFR, to negotiate with any or all Bidders, and to cancel the RFR if it is in the best interest of the Department to do so.

8.0 Other Requirements

8.1 Debarment

The Contractor 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 Contractor shall comply with all applicable state laws and regulations stated in the Standard Contract Form Instructions and Contractor Certifications.

8.2 Privacy and Data Security:

In performing its work, the Contractor will have access to Protected Information (“PI”) and/or Confidential Information, from, for, or on behalf of DDS. In performing and/or providing activities, functions and/or services for or to DDS pursuant to the Contract which involve access to or use, maintenance, disclosure or creation of PI or Commonwealth Security Information belonging to DDS, Contractors shall comply with all obligations set forth in Attachment C, the Business Associate Agreement Standard Terms and Conditions Addendum, as well as applicable laws that may be in effect upon execution of, or as may be effective, during the course of this contract, including, but not limited to 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 and 4.06, and the HIPAA Privacy and Security Rules, 42 CFR 431, Subpart F, 42 CFR Part 2, In performance of its duties under the Contract, the Contractors must comply with M.G.L. c. 66A, M.G.L. c. 93H, and any other applicable federal or state law or regulation pertaining to the use, disclosure, maintenance, privacy, confidentiality or security of Protected Information, which shall be defines 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, for example, any state and federal tax return information) that the Contractor uses, maintains, discloses, receives, creates, transmits or otherwise obtains in connection with its performance of its duties. Any PI created or maintained by the Contractor pursuant to the Contract, shall only be used for the purposes stated in the Contract.

If the Contractor becomes aware of any breach or potential breach of this Subsection 8.4, the Contractor must notify the applicable DDS and any other agency that is impacted by such breach immediately. To the extent possible, the notice shall include (1) a description of what happened, including the date of the incident and the date of discovery; (2) the nature and extent of the PI involved; (3) the unauthorized person who used the information or to whom the disclosure was made; and (4) what the Contractor is doing to investigate the breach, to mitigate harm, and to protect against any further breaches. The Contractor shall provide the state agencies with any other available information that may be required or requested. The Contractor shall cooperate in the any of the state agencies in the analysis of any breach of such laws and participate in conducting any risk assessment in this area, if requested by any of the agencies.

The Contractor shall be responsible for the full cost of any notifications that must be sent to third parties as a result of any such breach as is required under M.G.L.c. 93H. Prior to sending any notifications under M.G.L. c. 93H, the Contractor must consult with the applicable state agency. The Contractor shall cooperate in the any of the state agencies in the analysis of any breach of such laws and participate in conducting any risk assessment in this area, if requested by any of the agencies.

As of the Contract effective date, the Contractor 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.

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