DCAT3-24-408 On The Way Home.pdf

DCAT3-24-408

On The Way Home

Form Date 6/24/20

REQUEST FOR PROPOSAL (RFP)

Amy Huntington

600 West 4th Street, 3rd Floor

Davenport, Iowa 52801

Phone: 563-326-8794 ahuntin1@dhs.state.ia.us

Form Date 6/24/20

RFP Purpose.

The purpose of this RFP is to solicit proposals that will enable the Department of Health and Human Services

(Agency), Juvenile Court Services, and the Scott County Decategorization Board to select the most qualified contractor to provide the Boys Town’s On the Way Home Program (OTWH) in the 7th Judicial District. OTWH is a 12-14 month, evidence-based, aftercare program that provides family and school centered services for at-risk youth returning to their homes, schools, and communities following a stay in out-of-home care, who are at-risk for recidivism, academic failure, or high school dropout. The primary objectives of this program are to facilitate successful and lasting reunification, reduce the recidivism of youth to out of home placement, increase school engagement, sustain academic success, provide family members with instruction, support, and resources for managing difficult behavioral situations, and prepare youth for post-secondary education and/or employment.

These goals are accomplished through careful assessment and service planning, the teaching, modeling, and application of parenting, social, and academic support skills as well as advocacy and intervention both in and outside of school environments.

Duration of Contract.

The Agency anticipates executing a contract that will have an initial 5-month contract term with the ability to extend the contract for 5 additional 1-year terms. The Agency will have the sole discretion to extend the contract.

Bidder Eligibility Requirements.

The Agency will only consider proposals for contract award from bidders who have completed the vetting process established by Boys Town. To complete the vetting process, bidders are to contact Patrick Garcia with Boys

Town at patrick.garcia@boystown.org.

Procurement Timetable

There are no exceptions to any deadlines for the Bidder; however, the Agency reserves the right to change the dates.

Times provided are in Central Time.

Event Date

Agency Issues RFP Notice to Targeted Small Business Website (48 hours): September 18, 2023

Agency Issues RFP to Bid Opportunities Website September 20, 2023

Bidder Letter of Intent to Bid Due By October 5, 2023

3:00 p.m.

Bidders’ Conference Will Be Held on the Following Date and Time September 28, 2023

10:00 a.m.

Bidder Written Questions Due By October 12, 2023

3:00 p.m.

Agency Responses to Questions Issued By October 19, 2023

Bidder Proposals and any Amendments to Proposals Due By November 30, 2023

11:00 a.m.

Agency Announces Apparent Successful Bidder/Notice of Intent to Award January 12, 2024

Contract Negotiations and Execution of the Contract Completed January 29, 2024

Anticipated Start Date for the Provision of Services February 1, 2024

Section 1 Background and Scope of Work

1.1 Background.

The Scott County Decategorization Governance Board provides oversight to Decategorization funding in Scott

County. Decategorization of child welfare and juvenile justice funding is an initiative intended to establish systems of delivering human services based upon client needs to replace systems based upon a multitude of categorical funding programs and funding sources, each with different service definitions and eligibility requirements. Decategorization is designed to redirect child welfare and juvenile justice funding to services which are more preventive, family-centered, and community-based in order to reduce use of restrictive approaches that rely upon institutional, out-of-home, and out-of-community services. To this end, the Scott County

Decategorization Board is soliciting proposals for On the Way Home (OTWH) programming which is an aftercare service created by Boys Town to be utilized in the 7th Judicial District. Youth referred to Juvenile Court

Services may end up in placement outside of their home if their risk to reoffend or risk to the community is high.

In order, to reduce the instances of recidivism, the goals of OTWH are to keep youth at home, maintain school engagement, build on prior success, reduce recidivism, repair relationships, formulate future plans, establish networks of support, and address transition issues.

The following chart details clients discharged from placement over the course of 4 years:

176 total juveniles were served from 7/1/2019 to 6/30/2022

Year 2019 2020 2021 2022 Total

Clinton 1 2 2 5

Jackson 3 3

Scott 50 40 34 23 147

Cedar 1 1

Muscatine 8 6 3 3 20

1.2 RFP General Definitions.

When appearing as capitalized terms in this RFP, including attachments, the following quoted terms (and the plural thereof, when appropriate) have the meanings set forth in this section.

“Agency” means the Iowa Department of Human Services.

“Bid Proposal” or “Proposal” means the Bidder’s proposal submitted in response to the RFP.

“Bidder” means the entity that submits a Bid Proposal in response to this RFP.

“Contractor” means the Bidder who enters into a Contract as a result of this Solicitation.

“Deliverables” means all of the services, goods, products, work, work product, data (including data collected on behalf of the Agency), items, materials and property to be created, developed, produced, delivered, performed, or provided by or on behalf of, or made available through, the Contractor (or any agent, contractor or subcontractor of the Contractor) in connection with any contract resulting from this RFP.

“Invoice” means a Contractor’s claim for payment. At the Agency’s discretion, claims may be submitted on an original invoice from the Contractor or may be submitted on a claim form accepted by the Agency, such as a

General Accounting Expenditure (GAX) form.

Definitions Specific to this RFP.

When appearing as capitalized terms in this RFP, including attachments, the following quoted terms (and the plural thereof, when appropriate) have the meanings set forth in this section.

“Decategorization Governance Board" or "Governance Board" means the group that enters into and implements a Decategorization project agreement.

"Contract Manager" means an Agency employee who is accountable to the Contract Owner (Service Area

Manager) for general management of the contract, monitoring and review functions or oversees these functions if they are assigned to a designee(s).

"Decategorization Director" means an individual who provides administrative support as determined by the

Decategorization Governance Board.

"DECAT" means Decategorization.

"HHS" means Health and Human Services.

“Juvenile Court Services” or “JCS” means a division of the Iowa Judicial Branch in which juveniles adjudicated by the Iowa Juvenile Court as delinquent and Youth at risk of entering the court system receive services as directed by the Chief Juvenile Court Officer or designee. Support may include case management and a variety of community-based services known as graduated sanctions services. Pursuant to the authority granted in Iowa Code chapters 232, 602, 7E and 8, and the annual appropriations Acts, the Executive Branch, represented by the

Department, and the Judicial Branch, represented by the State Court Administrator and the Chief Juvenile Court

Officers, are each charged with specific responsibilities for funding, administering, and providing services such as those described in this RFP.

“Seventh Judicial District” means the Iowa Judicial District responsible for Juvenile Court Services in Clinton, Jackson, Scott, Cedar, and Muscatine Counties.

“Juvenile Court Officer” or “JCO” means the Seventh Judicial District Juvenile Court Services staff with primary supervision responsibility over a referred case.

“Aftercare” means services provided to youth for a minimum of 6 -14 months post-discharge from a QRTP or

State Training School, that include goals developed while in group care, that engage families in the development and implementation of the goals, and which are family focused, for successful transition to community-based living.

“Qualified Residential Treatment Program” or “QRTP” means a group residential care program that is a

Trauma-informed treatment model, designed to address the identified emotional, behavioral and clinical needs of a child or youth and which meets the requirements of a QRTP based on Iowa and Federal code for licensure.

“State Training School” or “STS” means State Training School at Eldora which provides a continuum of supervision and rehabilitation programs meeting the needs of males adjudicated delinquent, in a manner consistent with public safety. These services and programs individualize treatment and control the offender for his own benefit and the protection of society.

"Recidivism" means the likelihood that a youth will be arrested and subsequently adjudicated delinquent.

“Boys Town” means the non-profit organization that is responsible for the development and dissemination of On the Way Home® and the appraisal of Licensees’ implementation and outcomes within the constraints of program guidelines.

"On the Way Home" or "OTWH" means the program developed and disseminated by Boys Town to provide aftercare support for youth transitioning from out of home placement. OTWH is based upon research and

Form Date 6/24/20 information gathered through investigations conducted by staff and associates of the Boys Town Child and

Family Translational Research Center SM and supported by industry best practices.

“Crisis Support” refers to the response by an OTWH supervisor or consultant to a crisis situation within a family that places a child or children at-risk for harm. 24-hour, seven day a week Crisis Support shall be made available to youth and families participating in OTWH and provided by either their OTWH family consultant or another on-call direct care staff member. OTWH Supervisors are also on-call 24 hours a day, seven days a week to provide coaching and support to direct care staff working through a youth or family crisis.

"GAX" means General Accounting Form used for billing.

1.3 Scope of Work.

1.3.1 Deliverables.

The Contractor shall provide the following:

1. Complete the vetting process with Boys Town. If awarded the contract, the Contractor must maintain a license agreement with Boys Town to implement OTWH in the Seventh Judicial District.

2. Provide appropriate staffing:

a. Staff providing direct care to youth and families as part of the OTWH program shall possess a minimum of a bachelor’s degree in human services and 1-2 years of experience working with youth and families in community-based programs.

b. Staff engaging in the oversight of direct care providers using the OTWH program should at a minimum possess a Bachelor’s degree in Social Work, Human Services, or a related field along with 2-3 years of experience providing service to youth and families in community-based programs, along with intermediate level management and supervisory experience, the ability to perform administrative functions, and the willingness to provide consistent and ongoing development and support for employees under their supervision.

c. Staff must have access to reliable transportation, demonstrate a willingness to travel within a specified service area, and possess the ability to provide youth and their families with Crisis

Support as needed.

d. Assign dedicated staff to this project, meaning full-time personnel whose sole duty is this project.

3. Training:

a. Require that any employees involved in the delivery of services related to the OTWH Program are fully trained according to Boys Town specifications. All initial training will be provided at the

Boys Town Headquarters, in Boys Town Nebraska or remotely, in an online format, by Boys

Town representatives.

b. Staff are required to attend and actively participate in initial training.

c. OTWH Program supervisor(s) are required to attend and actively participate in the initial training plus additional training specific to supervisors.

d. Ensure on-site training has appropriate workspace, training facilities, audiovisual and electronic equipment and any technical or administrative assistance reasonably required by Boys Town.

i. Conferences at Lodging Facilities. In accordance with Iowa Code § 80.45A(5), if the following tasks are a part of the Contractor’s scope of work under this Contract, prior to either (1) procuring space or services for a conference, meeting, or banquet located at a site where lodging is available that is owned, operated, or owned and operated by a lodging provider, or (2) hosting a conference, meeting, or banquet at a site where lodging is available that is owned, operated, or owned and operated by a lodging provider, and in either case, the lodging provider must pay Iowa hotel/motel taxes, the Contractor shall verify the lodging provider is certified as having completed human trafficking prevention training on a website maintained by the Iowa Department of Public Safety. The website is currently available at https://stophtiowa.org/certified-locations. The Contractor

Form Date 6/24/20 shall submit proof of this certification to the Agency’s contract manager with the claim for reimbursement.

e. Budget for ongoing training with Boys Town (See Attachment E).

4. OTWH Consultation:

a. Require any employees, including supervisors and direct care staff involved with the OTWH

Program, participate in routine on-site and remotely delivered consultation with Boys Town.

i. All consultation services will be provided by Boys Town using available and acceptable forms of distance communication or at an on-site location determined by the Licensee.

ii. A required minimum amount of consultation will be determined solely by Boys Town.

iii. To ensure program quality, the approved Contractor may elect or be required to purchase additional consultation services over and above the required minimum.

b. Ensure on-site consultation services have appropriate workspace, training facilities, audiovisual and electronic equipment and any technical or administrative assistance reasonably required by

Boys Town.

c. Budget for ongoing consultation with Boys Town (See Attachment E).

5. Program Delivery:

a. The bidder will recognize OTWH as an evidence-based aftercare solution that must be used in a manner consistent and in accordance with best practice and the industry’s highest professional and quality standards, and thereby affirms its intent to implement the program with fidelity in an effort to achieve expected outcomes.

b. Provide each referred youth and family with 12-14 months of quality aftercare services. These services shall include:

i. A program orientation

ii. Establishment of a youth and family service plan

iii. Teaching and modeling of parenting techniques

iv. Provision of family, school, and homework support

v. Weekly home visits

vi. Routine school contacts or visits

vii. Home and school-based interventions

viii. Crisis support as needed

c. In addition to these direct-care services listed in 5(b), the potential Contractor must:

i. Show evidence of its ability to initiate and maintain professional working relationships with the school districts, schools, and/or alternative educational programs in which youth participating in OTWH are enrolled.

ii. Contact all referred youth and family/caregivers within 10 business days of receiving the referral from Juvenile Court Services (JCS).

iii. Establish connections and maintain regular contact with JCS staff in order to facilitate the referral process.

iv. Establish positive and collaborative relationships with Qualified Residential Treatment

Programs (QRTPs), the State Training School, and other residential facilities where JCS youth from the Seventh Judicial District are placed to ensure effective Reentry planning.

d. All services provided will be in compliance with the guidelines, policies, and procedures explained in training and within the scope of OTWH Program Material and will be evaluated accordingly.

e. The potential Contractor shall inform Boys Town in writing of any change to the population it intends to serve with OTWH, and/or of any decisions that affect the frequency, intensity, duration, or fidelity with which its trained employees can deliver program-related services.

i. Boys Town reserves the right to determine if any alterations to proposed program-related services interferes with OTWH’s recognition as an evidence-based program or would require additional licenses to maintain program integrity.

6. Reporting and Evaluation:

a. The potential Contractor will demonstrate that they are able to cooperate fully with Boys Town in its evaluation of OTWH implementation fidelity according to program and professional standards. Such evaluation requires the periodic sharing of documentation and data associated with the implementation and outcomes of OTWH Program activities.

b. Provide Boys Town with a monthly submission of data for each youth and family served. The systematic collection and reporting of this data will be completed according to pre-determined timelines using a secure Excel-based portal and data entry form developed by Boys Town.

c. Data for a given month is submitted electronically to Boys Town prior to the last business day of month, but data received on or before the 5th day of the following month will be deemed acceptable.

d. Requested documentation may include, but is not limited to, service report logs, time allocations, specified checklists, forms, digital files and surveys completed either by the potential Contractor, its employees, or its clients. Once shared, information exchanged will serve as a basis for reinforcing and/or adjusting the implementation efforts as well as determining its needs for ongoing consultative support.

i. Boys Town shall have the right to request additional information or explanations of the data, and conduct scheduled audits, investigations, and observations, including audio recordings of youth/family sessions and supervision meetings, consistent with the maintenance of client confidentiality.

e. Distribute surveys as a tool to help track data.

f. Establish a process for collecting data for Quarterly Reports report.

g. The potential Contractor shall provide Quarterly Reports to the Decategorization Director based on the following schedule:

i. July, August, September - Due October 31

ii. October, November, December - Due January 31

iii. January, February, March - Due April 30

iv. April, May, June - Due July 31

h. The Quarterly Reports shall include, at a minimum, the following information:

i. Number of youth referred

ii. Number of youth served

iii. Demographics of youth served (include County of referral)

iv. The number of contacts with youth and families/caregivers

v. Progress on identified performance measures

vi. Short narrative of successes and barriers

7. Client Confidentiality:

a. The potential Contractor agrees to hold its clients’ information, including private health information, in strict confidence according to local, state, and federal regulations and understands that it will not be required to share such information with Boys Town. Without limitation, the potential Contractor shall:

i. Not use or copy client information for any purpose except providing training and support for youth and families in the manner permitted hereunder;

ii. Take reasonable and responsible steps to ensure that none of its employees use or disclose any part of client information.

8. Complete the Vendor Security Questionnaire (Attachment G).

1.3.2 Performance Measures.

1. Family Support:

a. 90% of families served will report improved child-family relationships

Form Date 6/24/20

2. School Support:

a. 90% of youth served will be connected to a school-based mentor

b. 90% of families served will report and improved family-school relationship

3. Recidivism:

a. 85% of youth will not receive a new charge while enrolled in the program

b. 80% of youth will not reoffend within six months of completing the program

c. 70% of youth will not reoffend within a year of completing the program

1.3.3 Contract Payment Methodology.

The Contractor will be reimbursed monthly for the services described in the Scope of Work Section a fee not to exceed $170,715 for the first year of services. The second year will be at $200,000 with a three percent (3%) increase for all subsequent years. The entire life term amount shall not exceed $1,232,541, including any contract extension years. Please note, this amount is subject to decrease over the years due to funding availability. Gift cards shall not be reimbursed under this contract.

Payment shall be contingent upon the Contractor performing the services set forth in the Scope of Work Section and submitting detailed invoices. The invoices shall be accompanied with appropriate documentation that is necessary to support all charges included on the invoice. The contract number must be placed on all claims for payment. Should the Contractor not meet performance measures outlined in the contract, and results of the

Corrective Action Plan not be satisfactory, the Department may reduce the monthly expenditures by 10% until such time that the performance measures have been achieved or the contract is terminated. All Decategorization billing is processed via email and should be sent to the below email address.

Claims shall be submitted to:

DecatBilling@scottcountyiowa.com

Section 2 Basic Information About the RFP Process

2.1 Issuing Officer.

The Issuing Officer is the sole point of contact regarding the RFP from the date of issuance until selection of the successful Bidder. The Issuing Officer for this RFP is:

Amy Huntington

600 West 4th Street, 3rd Floor

Davenport, Iowa 52801

Phone: 563-326-8794 ahuntin1@dhs.state.ia.us

2.2 Restriction on Bidder Communication.

From the issue date of this RFP until announcement of the successful Bidder, the Issuing Officer is the point of contact regarding the RFP. There may be no communication regarding this RFP with any State employee other than the Issuing Officer, except at the direction of the Issuing Officer or as otherwise noted in the RFP. This section shall not be construed as restricting communications related to the administration of any contract currently in effect between a Contractor and the Agency.

The Issuing Officer will respond only to questions regarding the procurement process. Questions pertaining to the interpretation of this RFP may be submitted in accordance with the Questions, Requests for Clarification, and

Suggested Changes section of this RFP.

2.3 Downloading the RFP from the Internet.

The RFP and any related documents such as amendments or attachments (collectively the “RFP”), and responses to questions will be posted at the State of Iowa’s website for bid opportunities: http://bidopportunities.iowa.gov/.

Check this website periodically for any amendments to this RFP. The posted version of the RFP is the official version. The Agency will only be bound by the official version of the RFP document(s). Bidders should ensure that any downloaded documents are in fact the most up to date and are unchanged from the official version.

2.4 Reserved. (Online Resources)

2.5 Intent to Bid.

The Agency requests that Bidders provide their intent to bid by email to the Issuing Officer by the date and time in the Procurement Timetable. The Bidder may wish to request confirmation of receipt of the email from the

Issuing Officer to ensure delivery. Do not submit letters of intent by mail, shipping service, or hand delivery.

The intent to bid should include the Bidder's name, contact person, mailing address, email address, telephone number, and a statement of intent to submit a bid in response to this RFP. Though it is not mandatory that the

Agency receive an intent to bid, the Agency will only respond to questions about the RFP that have been submitted by Bidders who have expressed their intent to bid. The Agency may cancel an RFP for lack of interest based on the number of letters of intent to bid received.

2.6 Bidders’ Conference.

The Bidders’ conference will be conducted as a Zoom meeting on the date and time listed in the Procurement

Timetable. The purpose of the Bidders’ conference is to inform prospective Bidders about the work to be performed and to provide prospective Bidders an opportunity to ask questions regarding the RFP. Verbal discussions at the conference shall not be considered part of the RFP unless incorporated into the RFP by amendment. Questions asked at the conference that cannot be adequately answered during the conference may be deferred and responded to in writing. Participation in this conference call is optional, but recommended as this will be the only opportunity to ask verbal questions regarding this RFP.

http://bidopportunities.iowa.gov/

Form Date 6/24/20

Topic: On the Way Home Bidder's Conference - Scott County Decategorization

Time: Sep 28, 2023, 10:00 AM Central Time (US and Canada)

Join Zoom Meeting https://us06web.zoom.us/j/81024132988?pwd=eVhydGViQVZGRlBZc3VwYXcxRFdrUT09

2.7 Questions, Requests for Clarification, and Suggested Changes.

Bidders who have provided their intent to bid on the RFP are invited to submit written questions, requests for clarifications, and/or suggestions for changes to the specifications of this RFP (hereafter “Questions”) by the due date and time provided in the Procurement Timetable. Bidders are not permitted to include assumptions in their

Bid Proposals. Instead, Bidders shall address any perceived ambiguity regarding this RFP through the question and answer process. If the Questions pertain to a specific section of the RFP, the page and section number(s) must be referenced. Bidders shall submit questions to the Issuing Officer by email. The Bidder may wish to request confirmation of receipt from the Issuing Officer to ensure delivery. Do not submit questions by mail, shipping service, or hand delivery.

Written responses to questions will be posted at http://bidopportunities.iowa.gov/ by the date provided in the

Procurement Timetable.

The Agency assumes no responsibility for verbal representations made by its officers or employees unless such representations are confirmed in writing and incorporated into the RFP. In addition, the Agency’s written responses to Questions will not be considered part of the RFP. If the Agency decides to change the RFP, the

Agency will issue an amendment.

2.8 Submission of Bid Proposal.

Each Bidder is responsible for ensuring that the Issuing Officer receives the Bid Proposal by the time and date specified in the Procurement Timetable at the address provided in the RFP for the Issuing Officer. The Agency will not waive this mandatory requirement. Any Bid Proposal received after this deadline will be rejected and will not be evaluated.

Bid Proposals are to be submitted in accordance with the Bid Proposal Formatting section of this RFP. Bid

Proposals may not be hand-delivered to the Issuing Officer. Rather, Bid Proposals are to be mailed through the postal service or shipping service.

2.9 Amendment to the RFP and Bid Proposal.

Each Bidder is responsible for ensuring that the Issuing Officer receives the Bid Proposal and any permitted amendments by the established deadlines at the address provided in the RFP for the Issuing Officer. Amendments must be received utilizing the same delivery method as set forth in the RFP for the submission of the original Bid

Proposal.

Bidders may amend a previously submitted Bid Proposal at any time before the bid submission date and time.

Any such amendment must be in writing and signed by the Bidder. The Bidder shall provide the same number of copies of the amended Bid Proposal as is required for the original Bid Proposal, for both hardcopy and electronic copies, in accordance with the Bid Proposal Formatting Section.

The Agency reserves the right to amend or provide clarifications to the RFP at any time. RFP amendments will be posted to the State’s website at http://bidopportunities.iowa.gov/. If an RFP amendment occurs after the closing date for receipt of Bid Proposals, the Agency may, in its sole discretion, allow Bidders to amend their Bid

Proposals.

http://bidopportunities.iowa.gov/

Form Date 6/24/20

2.10 Withdrawal of Bid Proposal.

The Bidder may withdraw its Bid Proposal prior to the closing date for receipt of Bid Proposals by submitting a written request to withdraw signed by the Bidder, scanned, then emailed to the Issuing Officer. The Bidder should request confirmation of receipt of the email from the Issuing Officer to ensure delivery.

2.11 Costs of Preparing the Bid Proposal.

The costs of preparation and delivery of the Bid Proposal are solely the responsibility of the Bidder.

2.12 Rejection of Bid Proposals.

The Agency reserves the right to reject any or all Bid Proposals, in whole and in part, and to cancel this RFP at any time prior to the execution of a written contract. Issuance of this RFP in no way constitutes a commitment by the Agency to award or enter into a contract.

2.13 Review of Bid Proposals.

Only Bidders that meet the mandatory requirements and are not subject to disqualification will be considered for award of a contract.

2.13.1 Mandatory Requirements.

Bidders must meet these mandatory requirements or will be disqualified and not considered for award of a contract:

• The Issuing Officer must receive the Bid Proposal, and any amendments thereof, prior to or on the due date and time (See RFP Sections 2.8 and 2.9).

• The Bidder is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from receiving federal funding by any federal department or agency (See RFP

Additional Certifications Attachment).

• The Bidder is eligible to submit a bid in accordance with the Bidder Eligibility Requirements of this RFP

(See RFP Bidder Eligibility Requirements Section).

• The Bidder’s Cost Proposal adheres to any pricing restrictions regarding the project budget or administrative costs (See RFP Section 3.3).

• The Bidder attended the Bidders’ conference. (See Section 2.6).

2.13.2 Reasons Proposals May be Disqualified.

Bidders are expected to follow the specifications set forth in this RFP. However, it is not the Agency’s intent to disqualify Bid Proposals that suffer from correctible flaws. At the same time, it is important to maintain fairness to all Bidders in the procurement process. Therefore, the Agency reserves the discretion to permit cure of variances, waive variances, or disqualify Bid Proposals for reasons that include, but may not be limited to, the following:

• Bidder initiates unauthorized contact regarding this RFP with employees other than the Issuing Officer

(See RFP Section 2.2);

• Bidder fails to comply with the RFP’s formatting specifications so that the Bid Proposal cannot be fairly compared to other bids (See RFP Section 3.1);

• Bidder fails, in the Agency’s opinion, to include the content required for the RFP;

• Bidder fails to be fully responsive in the Bidder’s Approach to Meeting Deliverables Section, states an element of the Scope of Work cannot or will not be met, or does not include information necessary to substantiate that it will be able to meet the Scope of Work specifications (See RFP Section 3.2.3);

• Bidder’s response materially changes Scope of Work specifications;

• Bidder fails to submit the RFP attachments containing all signatures (See RFP Section 3.2.6);

• Bidder marks entire Bid Proposal confidential, makes excessive claims for confidential treatment, or identifies pricing information in the Cost Proposal as confidential (See RFP Section 3.1);

Form Date 6/24/20

• Bidder includes assumptions in its Bid Proposal (See RFP Section 2.7); or

• Bidder fails to respond to the Agency’s request for clarifications, information, documents, or references that the Agency may make at any point in the RFP process.

• Bidder is a “scrutinized company” included on a “scrutinized company list” created by a public fund pursuant to Iowa Code §12J. This list is maintained by the Iowa Public Employees’ Retirement System.

The list is currently found here: https://ipers.org/investments/restrictions.

The determination of whether or not to disqualify a proposal and not consider it for award of a contract for any of these reasons, or to waive or permit cure of variances in Bid Proposals, is at the sole discretion of the Agency. No

Bidder shall obtain any right by virtue of the Agency’s election to not exercise that discretion. In the event the

Agency waives or permits cure of variances, such waiver or cure will not modify the RFP specifications or excuse the Bidder from full compliance with RFP specifications or other contract requirements if the Bidder enters into a contract.

2.14 Bid Proposal Clarification Process.

The Agency may request clarifications from Bidders for the purpose of resolving ambiguities or questioning information presented in the Bid Proposals. Clarifications may occur throughout the Bid Proposal evaluation process. Clarification responses shall be in writing and shall address only the information requested. Responses shall be submitted to the Agency within the time stipulated at the occasion of the request.

2.15 Verification of Bid Proposal Contents.

The contents of a Bid Proposal submitted by a Bidder are subject to verification.

2.16 Reference Checks.

The Agency reserves the right to contact any reference to assist in the evaluation of the Bid Proposal, to verify information contained in the Bid Proposal, to discuss the Bidder’s qualifications, and/or to discuss the qualifications of any subcontractor identified in the Bid Proposal.

2.17 Information from Other Sources.

The Agency reserves the right to obtain and consider information from other sources concerning a Bidder, such as the Bidder’s capability and performance under other contracts, and the Bidder’s authority and ability to conduct business in the State of Iowa. Such other sources may include subject matter experts.

2.18 Criminal History and Background Investigation.

The Agency reserves the right to conduct criminal history and other background investigations of the Bidder, its officers, directors, shareholders, or partners and managerial and supervisory personnel retained by the Bidder for the performance of the resulting contract. The Agency reserves the right to conduct criminal history and other background investigations of the Bidder’s staff and subcontractors providing services under the resulting contract.

2.19 Disposition of Bid Proposals.

Opened Bid Proposals become the property of the Agency and will not be returned to the Bidder. Upon issuance of the Notice of Intent to Award, the contents of all Bid Proposals will be in the public domain and be open to inspection by interested parties subject to exceptions provided in Iowa Code chapter 22 or other applicable law.

2.20 Public Records and Request for Confidential Treatment.

Original information submitted by a Bidder may be treated as public information by the Agency following the conclusion of the selection process unless the Bidder properly requests that information be treated as confidential at the time of submitting the Bid Proposal. See the Bid Proposal Formatting Section for the proper method for making such requests. The Agency’s release of information is governed by Iowa Code chapter 22. Bidders are encouraged to familiarize themselves with Chapter 22 before submitting a Bid Proposal. The Agency will copy public records as required to comply with public records laws.

Form Date 6/24/20

The Agency will treat the information marked confidential as confidential information to the extent such information is determined confidential under Iowa Code chapter 22 or other applicable law by a court of competent jurisdiction. However, the Bidder shall certify by signing and returning RFP Attachment B its understanding that any Agency references to Bid Proposal information marked confidential made during the evaluation process may become part of the public domain

In the event the Agency receives a request for information marked confidential, written notice shall be given to the Bidder seventy-two (72) hours prior to the release of the information to allow the Bidder to seek injunctive relief pursuant to Iowa Code § 22.5 or 22.8.

The Bidder’s failure to request confidential treatment of material pursuant to this section and the relevant law will be deemed, by the Agency and State personnel, as a waiver of any right to confidentiality that the Bidder may have had.

2.21 Copyrights.

By submitting a Bid Proposal, the Bidder agrees that the Agency may copy the Bid Proposal for purposes of facilitating the evaluation of the Bid Proposal or to respond to requests for public records. By submitting a Bid

Proposal, the Bidder acknowledges that additional copies may be produced and distributed, and represents and warrants that such copying does not violate the rights of any third party. The Agency shall have the right to use ideas or adaptations of ideas that are presented in the Bid Proposals.

2.22 Release of Claims.

By submitting a Bid Proposal, the Bidder agrees that it shall not bring any claim or cause of action against the

Agency based on any misunderstanding concerning the information provided herein or concerning the Agency's failure, negligent or otherwise, to provide the Bidder with pertinent information as intended by this RFP.

2.23 Reserved. (Presentations)

2.24 Notice of Intent to Award.

Notice of Intent to Award will be sent to all Bidders that submitted a Bid Proposal by the due date and time. The

Notice of Intent to Award does not constitute the formation of a contract between the Agency and the apparent successful Bidder.

2.25 Acceptance Period.

The Agency shall make a good faith effort to negotiate and execute the contract. If the apparent successful Bidder fails to negotiate and execute a contract, the Agency may, in its sole discretion, revoke the Notice of Intent to

Award and negotiate a contract with another Bidder or withdraw the RFP. The Agency further reserves the right to cancel the Notice of Intent to Award at any time prior to the execution of a written contract.

2.26 Review of Notice of Disqualification or Notice of Intent to Award Decision.

Bidders may request reconsideration of either a notice of disqualification or notice of intent to award decision by submitting a written request to the Agency:

Bureau Chief c/o Bureau of Service Contract Support

Department of Health and Human Services

Lucas State Office Building

321 E 12th Street

Des Moines, Iowa 50319-0075 email: reconsiderationrequest@dhs.state.ia.us

The Agency must receive the written request for reconsideration within five days from the date of the notice of disqualification. The written request may be emailed or delivered by postal service or other shipping service. Do not deliver any requests for reconsideration to the office in person. It is the Bidder’s responsibility to ensure that the request for reconsideration is received prior to the deadline. Postmarking or submission to a shipping service by the due date shall not substitute for actual receipt of a request for reconsideration by the Agency.

The request for reconsideration shall clearly and fully identify all issues being contested by reference to the page and section number of the RFP. If a Bidder submitted multiple Bid Proposals and requests that the Agency reconsider a notice of disqualification or notice of intent to award decision for more than one Bid Proposal, a separate written request shall be submitted for each. At the Agency’s discretion, requests for reconsideration from the same Bidder may be reviewed separately or combined into one response. The Agency will expeditiously address the request for reconsideration and issue a decision. The Bidder may choose to file an appeal with the

Agency within five days of the date of the decision on reconsideration in accordance with 441 IAC 7.41 et seq.

2.27 Definition of Contract.

The full execution of a written contract shall constitute the making of a contract for services and no Bidder shall acquire any legal or equitable rights relative to the contract services until the contract has been fully executed by the apparent successful Bidder and the Agency.

2.28 Choice of Law and Forum.

This RFP and the resulting contract are governed by the laws of the State of Iowa without giving effect to the conflicts of law provisions thereof. Changes in applicable laws and rules may affect the negotiation and contracting process and the resulting contract. Bidders are responsible for ascertaining pertinent legal requirements and restrictions. Any and all litigation or actions commenced in connection with this RFP shall be brought and maintained in the appropriate Iowa forum.

2.29 Restrictions on Gifts and Activities.

Iowa Code chapter 68B restricts gifts that may be given or received by state employees and requires certain individuals to disclose information concerning their activities with state government. Bidders must determine the applicability of this Chapter to their activities and comply with the requirements. In addition, pursuant to Iowa

Code § 722.1, it is a felony offense to bribe or attempt to bribe a public official.

2.30 Exclusivity.

Any contract resulting from this RFP shall not be an exclusive contract.

2.31 No Minimum Guaranteed.

The Agency anticipates that the selected Bidder will provide services as requested by the Agency. The Agency does not guarantee that any minimum compensation will be paid to the Bidder or any minimum usage of the

Bidder’s services.

Form Date 6/24/20

2.32 Use of Subcontractors.

The Agency acknowledges that the selected Bidder may contract with third parties for the performance of any of the Contractor’s obligations. The Agency reserves the right to provide prior approval for any subcontractor used to perform services under any contract that may result from this RFP.

2.33 Bidder Continuing Disclosure Requirement.

To the extent that Bidders are required to report incidents when responding to this RFP related to damages, penalties, disincentives, administrative or regulatory proceedings, founded child or dependent adult abuse, or felony convictions, these matters are subject to continuing disclosure to the Agency. Incidents occurring after submission of a Bid Proposal, and with respect to the successful Bidder after the execution of a contract, shall be disclosed in a timely manner in a written statement to the Agency. For purposes of this subsection, timely means within thirty (30) days from the date of conviction, regardless of appeal rights.

Section 3 How to Submit A Bid Proposal: Format and Content Specifications

These instructions provide the format and technical specifications of the Bid Proposal and are designed to facilitate the submission of a Bid Proposal that is easy to understand and evaluate.

3.1 Bid Proposal Formatting.

Subject Specifications

Paper Size 8.5" x 11" paper (one side only). Charts or graphs may be provided on legal-sized paper.

Font Bid Proposals must be typewritten. The font must be 11 point or larger (excluding charts, graphs, or diagrams). Acceptable fonts include Times New Roman, Calibri and

Arial.

Page Limit Not Applicable

Pagination All pages in Proposal Tabs 1-5 are to be sequentially numbered from beginning to end

(do not number these Proposal sections independently of each other). The contents in

Proposal Tab 6 may be numbered independently of other sections.

Bid Proposal

General

Composition

• Bid Proposals shall be divided into two parts: Technical Proposal and Cost Proposal.

• Technical Proposals submitted in multiple volumes shall be numbered in the following fashion: 1 of 4, 2 of 4, etc.

• Bid Proposals must be bound and use tabs to label sections.

Envelope

Contents and

Labeling

• Envelopes shall be addressed to the Issuing Officer.

• The envelope containing the original Bid Proposal shall be labeled “original” and each envelope containing a copy of the Bid Proposal shall be labeled “copy.” Each envelope must be numbered to correspond with the number of copies of Proposals.

• The Technical and Cost Proposals must be packaged separately with each copy in its own envelope. All envelopes may be included in the same box

Number of

Hard Copies

Submit one (1) original hard copy of the Proposal and 6 identical copies of the original.

The original hard copy must contain original signatures.

USB Flash

Drive

• The Technical Proposal and Cost Proposal must be provided on separate USB flash drives. Bidders shall submit one flash drive, with a copy identical to the content of the original hard copy of the Technical Proposal and one flash drive of the Cost Proposal, with a copy identical to the content of the original hard copy of the Cost Proposal. The

USB flash drives must be placed in the envelope with the original Bid Proposal.

• The Technical Proposal must be saved in less than three files, with a preference for the entire Technical Proposal in one file. Proposals shall be provided in either PDF or

Microsoft Word format. Files shall be text-based and not scanned image(s) and shall be searchable and not password protected or contain restrictions that prevent copying, Form Date 6/24/20

Subject Specifications saving, highlighting, or printing of the contents.

Request for

Confidential

Treatment

Requests for confidential treatment of any information in a Bid Proposal must meet these specifications:

• The Bidder will complete the appropriate section of the Primary Bidder Detail Form &

Certification which requires the specific statutory citation supporting the request for confidential treatment and an explanation of why disclosure of the information is not in the best interest of the public.

• The Bidder shall submit one (1) complete paper copy of the Bid Proposal from which confidential information has been redacted. This copy shall be clearly labeled on the cover as a “public copy”, and each page upon which confidential information appears shall be conspicuously marked as containing confidential information. The confidential material shall be redacted in such a way as to allow the public to determine the general nature of the material removed. To the extent possible, pages should be redacted sentence by sentence unless all material on a page is clearly confidential under the law. The Bidder shall not identify the entire Bid Proposal as confidential.

• The Cost Proposal will be part of the ultimate contract entered into with the successful

Bidder. Pricing information may not be designated as confidential material. However, Cost Proposal supporting materials may be marked confidential if consistent with applicable law.

• The transmittal letter may not be marked confidential.

• The Bidder shall submit a USB flash drive containing an electronic copy of the Bid

Proposal from which confidential information has been redacted. This USB flash drive shall be clearly marked as a “public copy”.

• The Technical Proposal must be saved in less than three files, with a preference for the entire Technical Proposal in one file. Proposals shall be provided in either PDF or

Microsoft Word format. Files shall be text-based and not scanned image(s) and shall be searchable and not password protected or contain restrictions that prevent copying, saving, highlighting, or printing of the contents.

Exceptions to

RFP/Contract

Language

If the Bidder objects to any term or condition of the RFP or attached Sample Contract, specific reference to the RFP page and section number shall be made in the Primary

Bidder Detail & Certification Form. In addition, the Bidder shall set forth in its Bid

Proposal the specific language it proposes to include in place of the RFP or contract provision and cost savings to the Agency should the Agency accept the proposed language.

The Agency reserves the right to either execute a contract without further negotiation with the successful Bidder or to negotiate contract terms with the selected Bidder if the best interests of the Agency would be served.

Form Date 6/24/20

3.2 Contents and Organization of Technical Proposal.

This section describes the information that must be in the Technical Proposal. Bid Proposals should be organized into sections in the same order provided here. Hard copies of Bid Proposals should use tabs to separate each section. If a Bidder chooses to provide information in attachments to respond to any section below, please create a new tabbed attachment section immediately behind the applicable section. For example, to add attachments related to information asked for in Section 3.2.3 Information to Include Behind Tab 3: Bidder’s Approach to

Meeting Deliverables, the Bidder would create a new tab in the Technical Proposal that is called Tab 3

Attachments and place the attachment(s) there. The Bidder would follow suit by creating new tabbed sections for attachments created to respond to any other section below in their bid proposal

3.2.1 Information to Include Behind Tab 1:

Transmittal Letter.

The transmittal letter serves as a cover letter for the Technical Proposal. It must consist of an executive summary that briefly reviews the strengths of the Bidder and key features of its proposed approach to meet the specifications of this RFP.

3.2.2 Information to Include Behind Tab 2: Proposal Table of Contents.

The Bid Proposal must contain a table of contents.

3.2.3 Information to Include Behind Tab 3: Bidder’s Approach to Meeting Deliverables.

The Bidder shall address each Deliverable that the successful contractor will perform as listed in Section 1.3, Scope of Work, by first restating the Deliverable from the RFP and then detailing the Bidder’s planned approach to meeting each contractor Deliverable immediately after the restated text. Bid responses should provide sufficient detail so that the Agency can understand and evaluate the Bidder’s approach, and should not merely repeat the Deliverable.

Bidders are given wide latitude in the degree of detail they offer or the extent to which they reveal plans, designs, examples, processes, and procedures. Bidders do not need to address any responsibilities that are specifically designated as Agency responsibilities.

Note:

• Responses to Deliverables shall be in the same sequence as…