DMH 0000000034SL.pdf

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Provider Review and Reporting Services
Solicitation number
300000268111895
Issued by
Missouri

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This is an Invitation for Bid (IFB) issued by the Missouri Department of Mental Health, Division of Developmental Disabilities (DDD), for Provider Review and Reporting Services. The Department seeks a qualified contractor to conduct compliance reviews, mortality reviews, and due process committee coordination for approximately 406 developmental disabilities service providers and 63 Targeted Case Management entities serving 18,040 individuals enrolled in Home and Community-Based Services (HCBS) waivers. The services include annual Provider of Service Compliance Reviews (estimated 205 reviews in FY 2027, 190 in FY 2028, and 130 in FY 2029), clinical mortality reviews (approximately 135-146 annually), Targeted Case Management Reviews (approximately 63 entities annually), Behavior Support Review Committee facilitation (minimum 12 plans monthly), and Due Process Committee management (approximately 3,368 reviews annually). The original contract period runs from the date of award through one year, with the Department retaining the right to renew for three additional one-year periods. Sealed bids must be received by 2:00 p.m. CDT on September 30, 2026, submitted electronically through MissouriBUYS powered by MOVERS or by mail to the Department of Mental Health Purchasing and General Services. Questions must be submitted no later than 10 calendar days prior to the bid deadline.

The IFB does not specify pricing structure, set-asides, or incumbent contractor information in the documents provided. The contract utilizes federal Medicaid funding through HCBS waivers and may involve federal funds requiring compliance with 2 CFR 200 for contractors expending $1,000,000 or more annually in federal grant funds. Contractors must be certified as a Quality Improvement Organization (QIO) or QIO-like entity by the Centers for Medicare and Medicaid Services and comply with HIPAA requirements through a Business Associate Agreement. Required personnel include individuals with bachelor's degrees for compliance reviews and due process facilitation, registered nurses for mortality reviews, and licensed behavior analysts or licensed psychologists with applied behavior analysis training for behavior support committee work. Contractors must complete background screenings through the Federal Bureau of Investigations and Missouri Family Care Registry, maintain E-Verify enrollment, comply with Missouri tax requirements, and maintain records for ten years post-contract. The contractor shall coordinate with Department representatives quarterly or more frequently as requested and utilize the Department's electronic platforms including CIMOR, IQMFD, and the Electronic Mortality Review system for data entry and reporting.

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STATE OF MISSOURI Issue Date: September 3, 2026

DEPARTMENT OF MENTAL HEALTH Title: Provider Review and Reporting Services INVITATION FOR BID (IFB)# Contract Period:

DMH 0000000034SL Date of Award through One Year

Buyer: Stacey Morrison, Procurement Supervisor Telephone: (573) 751-8548 E-Mail: Stacey.Morrison@dmh.mo.gov

SUPPLIERS ARE ENCOURAGED TO RESPOND ELECTRONICALLY THROUGH MISSOURIBUYS, POWERED BY MOVERS BUT MAY RESPOND BY HARD COPY (See Mailing Instructions Below)

Return bid to:

By Mail: Department of Mental Health Purchasing and General Services 1706 E. Elm St/P.O. Box 687 Jefferson City, Missouri 65102-0687

Bids must be received no later than: 2:00 pm (CDT), September 30, 2026

The undersigned hereby agrees to provide the services and/or items, at the prices stated pursuant to the requirements of this document and further agrees that when this document is countersigned by an authorized official of the Missouri Department of Mental Health, a binding contract shall exist between the Contractor and the Department of Mental Health.

Legal Name of Contractor Authorized Signature for the Contractor Date

Contractor’s Address City, State Zip MissouriBUYS/MOVERS ID#

Contact Person Contact Person E-Mail Address Contact Person Phone #

Corporation Individual State/Local Government Partnership Sole Proprietor IRS Tax-Exempt 501C

Notice of Award Section (State Use Only) This bid is accepted by the Department of Mental Health as follows:

Authorized Signature for the Department of Mental Health Date mailto:Stacey.Morrison@dmh.mo.gov https://missouribuys.mo.gov/bid-board/movers https://missouribuys.mo.gov/bid-board/movers

Instructions for Submitting a Solicitation Response

The Department of Mental Health is now posting its bid solicitation documents on the new MissouriBUYS, powered by MOVERS Bid Board at: MissouriBUYS, powered by MOVERS, bid board. MissouriBUYS, powered by MOVERS is the State of Missouri’s web-based statewide eProcurement system, which is powered by our partner, Oracle.

For all bid solicitations, Suppliers are encouraged to submit their solicitation response as an electronic response.

Suppliers may submit a hard copy to the address listed on the solicitation. The submission of electronic responses are explained in detail in the step-by-step instructions provided at: MissouriBUYS, powered by MOVERS, bid response instructions.

Notice: The Supplier is solely responsible for ensuring timely submission of their solicitation response, whether submitting an online response or a hard copy response. Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance is required, places the Supplier and their response at risk of not being accepted on time.

❖ ELECTRONIC RESPONSES: To respond electronically to a solicitation, the Supplier must first register with MissouriBUYS, powered by MOVERS by going to the supplier registration page: Self-Service Supplier Registration | MissouriBUYS Statewide eProcurement System, enter your email address and click the “Send Access Code” button to obtain an access code and complete the Supplier Registration. Once registered the Supplier should log back into MissouriBUYS, powered by MOVERS, and edit their profile by selecting the organizational contacts that should receive an automated confirmation of the Supplier’s electronic bid responses successfully submitted to the state.

To respond electronically to a solicitation, the Supplier must login to MissouriBUYS, powered by MOVERS, locate the desired solicitation on the Bid Board, and, at a minimum, the Supplier must read and accept the Original Solicitation Documents and complete pricing and any other identified requirements. In addition, the Supplier should download and save all of the Original Solicitation Documents on their computer so that they can prepare their response to these documents. Suppliers should upload their completed response to these downloaded documents (including exhibits, forms, and other information concerning the solicitation) as an attachment to the electronic solicitation response. Step-by-step instructions for how a registered Supplier responds to a solicitation electronically are available on the MissouriBUYS system at: MissouriBUYS, powered by MOVERS, bid response instructions.

❖ Suppliers are encouraged to submit their entire proposal electronically; however in lieu of attaching exhibits, forms, pricing, etc. to the electronic solicitation response, a Supplier may submit the exhibits, forms, pricing, etc. through mail or courier service. However, any such submission must be received prior to the solicitation’s specified end date and time. Be sure to include the solicitation number, company name, and a contact name on any hard copy solicitation response documents submitted through mail or courier service.

❖ In the event a registered Supplier electronically submits a solicitation response and also mails hard copy documents that are not identical, the Supplier should explain which response is valid for the state's consideration. In the absence of such explanation, the state reserves the right to evaluate and award the response which serves its best interest.

QUESTIONS REGARDING THE IFB

Procurement officer is Single Point of Contact for Solicitation: Suppliers and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the IFB, the evaluation, etc., to the procurement officer indicated on the first page of this IFB.

It is preferred that questions be emailed to the procurement officer.

a) Except as noted herein, suppliers and their agents are instructed not to contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Suppliers can be sanctioned for unauthorized contact with any evaluator under 1 Code of State Regulation (CSR) 40-1.060(8)(G) and (H) available at: Secretary of State-Code of State Regulations.

https://ewqg.fa.us8.oraclecloud.com/fscmUI/redwood/negotiation-abstracts/view/abstractlisting?prcBuId=300000005255687 https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions https://missouribuys.mo.gov/supplier-registration https://missouribuys.mo.gov/supplier-registration https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions http://www.sos.mo.gov/adrules/csr/csr.asp

Supplier is Responsible for Asking Questions About the IFB: It is the supplier’s responsibility to ask questions, request changes or clarifications, or otherwise advise the Department if the supplier believes that any language, specifications, or requirements are: 1) ambiguous, 2) contradictory or arbitrary, 3) violate any state or federal law or regulation, 4) restrict or limit the requirements to a single source, or 5) restrict or limit the supplier’s ability to submit a response.

Supplier Question Deadline: Every attempt shall be made to ensure that the supplier receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all suppliers will be advised, via the issuance of an amendment to the IFB, of any relevant or pertinent information related to the procurement. All questions and issues should be submitted no later than 10 calendar days prior to the bid end date and time of the bid. If not received prior to 10 calendar days before the bid end date and time, the Department may not be able to fully research and consider the respective questions or issues.

Department’s Response to Supplier Questions: Upon the Department’s consideration of questions and issues, if the Department determines that changes are necessary, the resulting changes will be included in a subsequently issued IFB amendments; absence of such response indicates that the questions and issues were considered but deemed unnecessary for an IFB amendment. All suppliers will be advised of any change to the IFB’s language, specifications, or requirements by a formal amendment to the IFB. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

IFB is Department’s Only Official Position: The only official position of the Department shall be that which is contained in the IFB and any amendments thereto.

Amendments

If the Department determines that changes to the IFB are necessary, the resulting changes will be included in a subsequently issued IFB amendments prior to the bid end date and time.

NOTE: The only official position of the Department shall be that which is contained in the IFB and any addendums thereto.

Addendum Document: If an addendum document is subsequently issued, please follow these steps to accept the addendum documents.

If you submitted an electronic response prior to the addendum date and time, you should review your solicitation response to ensure that it is still valid by taking into consideration the revisions addressed in the addendum document. There are two options for accessing solicitations to submit a response, utilizing the bell icon or the supplier portal. The instruction for responding to an addendum are within the instructions of “Submit Response Online” at: MissouriBUYS, powered by MOVERS, bid response instructions. If a revision is needed to your solicitation response and/or to indicate your acceptance of the addendum document, you will need to accept the addendum and re-submit your response.

End of Instructions for Submitting Solicitation Response https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions

SOLICITATION ORGANIZATION

This document is divided into the following parts:

Part One: Introduction and General Information Part Two: Compliance, Terms & Conditions Section Part Three: Specific Performance Requirements Part Four: General Contractual Requirements (GCR) Part Five: Invoicing and Payments Part Six: Bid Submission

Attachment A: Business Associate Agreement Attachment B: Proposal Submittal Checklist Attachment C: Federal Funds Requirements

Attachment #1: Pricing Page Attachment #2: Proposed Methodology, Approach, and Work Plan Attachment #3: Leadership and Work Team Qualifications – Biographies Attachment #4: Organization Experience and Past Performance

Exhibit #1: Affidavit of Work Authorization, E-Verify Exhibit #2: Federal Funding Unique Identity ID (Debarment) Exhibit #3: Anti-Discrimination Against Israel Act Certification Exhibit #4: Vendor No Tax Due Certification Exhibit #5: Secretary of State Business Registration Exhibit #6: Blind/Sheltered Workshop, Service Disabled Veteran Enterprises (SDVE), Honorably Discharged Veteran Enterprises (HDVE) Exhibit #7: Document of Intent to Participate Exhibit #8: Employee/Conflict of Interest

Attachments: The Supplier is also advised that the attachments to this document, referenced above, provides additional requirements, information, and/or instruction. It shall be the sole responsibility of the Supplier to obtain the attachments. The Supplier shall not be relieved of any responsibility for performance under the subsequent contract due to the failure of the Supplier to obtain a copy of the attachments.

The IFB is available for viewing and downloading on the MissouriBUYS, powered by MOVERS, Statewide eProcurement System. Registered Suppliers are electronically notified of those bid opportunities that match the commodity codes for which the Supplier registered in MissouriBUYS, powered by MOVERS. If a registered Supplier’s e-mail address is incorrect, the Supplier must update the e-mail address themselves on the state's MissouriBUYS, powered by MOVERS Statewide eProcurement System at: MissouriBUYS, powered by MOVERS login.

https://ewqg.login.us8.oraclecloud.com/oam/server/obrareq.cgi?encquery%3DLn65g8SWMRqOcklzWPVqJwWjCMcRx%2BE1eEYo%2BsqHWjvDfGxY61Boiod312MTvX2CLoVBXJ3ITVYbBVrQ%2Fk6LL5BMo5vPWPsdI4sYuwyQI3dav%2FPvpDv41PTfwzDBgsac47Jww9XBI38TrpOMKwe7wu9l8q2WeF6HeHfM5zkbKtFMGzzZi0AUh0zncBRHa4tF0KYA2%2BbdG1QYXI2yeSkC0zCmdsjtJWVFZKUqAZ1GYHWtkHWKxofLq1wdJ%2FZnNxeTLIt7jthNGgnucHLAvOBStxt76fuuBJMB%2F3y35Cs0cUMkDPirvx5n84XssG1HgqrJkfj%2BnjiblaWTPAWQeErXz1aeaoairvn%2B4wFQNBtLAheuDNIFkMtrVymEN4Ckn3%2FC3XIwnG7XGLjMBGdJzerzXUiGBDR8JhA2oi4QRgFB6p9dKaG0Zy1ncNn6qj6nVQBsE6XVOgUTVW4H8KtxyHdW9U%2F7vJW0342W7WXRteR4UUGWTpIpgqyhtj11UNvmnSPNu4bVuu6NDf0hyuhWs1VhkmUF6m66soVh1jIHrv5yQ4ususuGgczpPCvuAkiTuYQlChOLHk5VRPEZ%2BW6Kth0NlpriELx%2FxulGKoEd71cw5xnhKSLORjQ8dZo9RefFKnFIb9N5Xhfm1eKvq0u34uQmGnrdjpsG0y8odlkVQbvHKloagYmWQt5Y8dbILTmjLGBbfwuJXmjoPbDLym1qTSD%2F8n3WY%2FMRoIacgRm8RfjSZrfDUFD7bBmspq6nRhDB%2FCfB2NVj8EIfw0OhLg0E1h5uFnLTW96XeBWqnPP%2FOhu5Ru%2BobEIoC3881USUJILuo35vTUaa7VoLEu5JowSVvzg1Mnaj%2FQKVBvG20VgUfwo0cQmDMmKjTrvmGQVSuiS13i7i%2BCE8JnX79NilN8Bdh5g1q2fUgHwjfRLwv4U4sOuFSczAeWYsc%2Fx7bt7j32xnvWRYRqZ9R96cyHzThGVBZNUk81mez2SY8DwjPvXpQHhQZtGLY7VGjRz%2F5WfuUqbngelYegUZLlhGhz7s7LZXpgC%2F%2BthhhpNdNnhYK03POiZQxS47SVw%2BwZwmE4XahZke%2B7WsNDV6%2F%2FIjNwc%2FKWTZeD%2B8JVdVY%2Bu3Tvju5oNd5lX0YhKBgIjX98MUqIqsuZmP6nN2TGAboEJzsapIi2bo45sCjGTa3o8zKbAG0N%2Fj%2F2oDRwEdHtF44i5n7mtlIaHsIbViytgBo4%2F%2BjsMXjzOUTnpZ4Mqy2JotQ1uibkUNp9Tp%2BEP9iG%2BGCfMMnf0erw%2B4kBzWeAEOgnIfkMIN9lZr01MWu9WQA5Pj%2FqHfgxYqm78ePMtsQsmZ3XQ1lgUQLt0QpLbKrD8DQXmaxU4qU3ccK%2FEtlBMkaaFTt7t%2BWZmfmj5ON0Eq5vsb%2B0L98OJtFDwaPHCm13fCqC9h68wf%2FRzLagyrjxBasM6XVJSzAKeCNUtEF2t4J8cO1NcWiOzK54pkPYeik90ou7Wr1Y1IQZq065TOgVyJ9yJNu1y24RueWaUihQrwfGd%2BtSONajfHY1j8o1yW7bHQis7khXfn9meaCcYMPlQg3Oq9od7YEikMt%2B6je1EM%2FMi3zqzzjYUiv4%2FftqJt4WcIUD2UdmSHB2NNcwhzFUMokMZgLNQzAZzOSBeW3zW1AV0tXTicfpu6Chwjrzg8%20agentid%3DOraFusionApp_11AG%20ver%3D1%20crmethod%3D2%26cksum%3Df8442151dd952c18f6af5a2fb82de1209fb1af36&ECID-Context=1.0069OyKV5D7DWbK6yVFg6G0006oV000EZt%3BkXjE

1) INTRODUCTION AND GENERAL INFORMATION

1.1 Purpose

1.1.1 This document constitutes an invitation for competitive, sealed bids from Suppliers for the provision of Provider Review and Reporting Services for the Department of Mental Health (referred to hereinafter as the Department) in accordance with the requirements and provisions stated herein.

1.2 Background and Historical Usage Information

1.2.1 The Department of Mental Health, Division of Developmental Disabilities (DDD) administers and reimburses community support programs that benefit individuals with developmental disabilities.

Individuals served by the DD’s community support programs receive case management (assessment, care planning, service authorization, service coordination, and monitoring), including coordination of each individual’s “Individual Service Plan”, from five regional and six satellite offices located throughout the State of Missouri. The community support programs serve individuals in various settings including group homes, individualized supported living, supported apartments, and living with their families or on their own with some level of support.

1.2.2 Individuals who are enrolled in one of Missouri’s four Home and Community-Based Services (HCBS) waivers are eligible for services at: Home & Community Based Waivers | dmh.mo.gov. There are no differences in requirements for the same service across the waivers.

a) As of May 12, 2026, 18,040 individuals were enrolled in one of the HCBS Waivers.

1.2.3 Individuals may select their service providers from all available providers and or choose to self-direct their services. There are approximately 406 DD providers contracted for residential services and non-residential direct services. All of these providers have current service authorizations requiring a Provider of Service Compliance Review. In the last five fiscal years, an average of five new providers per year have enrolled; an average of four providers have dis-enrolled each year.

a) The average number of contracted services per provider is three. There are 11 service groupings as follows: Independent Supported Living; Group Home; Shared Living; Day Habilitation/Community Networking/Individualized Skill Development/Employment; Personal Assistance/Respite Care;

Behavior/Crisis; Professional Assessment and Monitoring/Occupational Therapy /Physical Therapy/Speech Therapy/Benefits Specialist; Support Broker; Transportation; Durable Medical Equipment/Environmental Accessibility Adaptation; Intense Therapeutic Residential.

b) Below is a representation of the number of providers by region and office. The provider region was determined by their primary region designation. The number of participants is the statewide number of individuals receiving Medicaid Waiver services in the region as many providers cross regions.

Region Office # Providers # Participants Eastern 195 7,985 St Louis 74 3,853 Hannibal 20 705 Sikeston 33 1,184 Poplar Bluff 32 853 Rolla 36 1,390 Region Office # Providers # Participants Western 211 10,055 Central Missouri 60 2,139 Kirksville 7 428 Kansas City 85 3,556 Albany 26 692 Springfield 20 1,989 Joplin 13 1,251

c) It is estimated that a Provider of Service Compliance Review on average takes 24 business hours to https://dmh.mo.gov/dev-disabilities/programs/waiver complete not including preparation and post review activities.

1.2.4 The Department conducts mortality reviews for deceased individuals who were recipients of state or contracted residential services, as well as individuals who die during the receipt of a paid service (state or contracted).

a) In Calendar Year 2024, 146 mortality reviews were conducted. In Calendar Year 2025, 135 reviews were conducted.

b) It is estimated that on average the clinical section of the mortality review currently takes 7 hours to complete after all records have been received.

1.2.5 The Department operates and oversees the Due Process Committees that are responsible for reviewing documentation related to limitations of rights of individuals receiving services.

a) Since Fiscal Year 2017, an annual average of 3,368 reviews are completed.

b) It is estimated that approximately 33 Due Process Committee meetings may occur per quarter.

1.2.6 Individuals receive Targeted Case Management services from state or contracted Targeted Case Management entities. There are 63 Targeted Case Management entities, including the state’s Targeted Case Management service. Targeted Case Management Entities have designated service areas. There is currently an average of 1,110 Targeted Case Managers statewide. It is anticipated that the number of Targeted Case Managers may increase by 25 during the Fiscal Year 2027.

a) Below is a breakdown of the number of targeted case management entities by region and office. The provider region was determined by their primary region designation.

Region Office # Targeted Case

Management Entities # of Targeted Case

Managers Eastern 30 St Louis 5 296 Hannibal 6 41 Sikeston 4 56 Poplar Bluff 6 35 Rolla 9 81.5

Region Office # Targeted Case

Management Entities # of Targeted Case

Managers Western 33 Central Missouri 8 136.5 Kirksville 4 37 Kansas City 7 183 Albany 5 35 Springfield 4 131 Joplin 5 78

b) It is estimated that an Annual Targeted Case Management Review on average takes 40 hours to complete including preparation and post review activities.

1.3 Accuracy of Background Information

1.3.1 Although an attempt has been made to provide accurate and up-to-date information, the State of Missouri does not warrant or represent that the background information provided herein reflects all relationships or existing conditions related to this IFB.

1.4 Contract Period – The original contract period shall be as stated on the Notice of Award. The contract shall not bind, nor purport to bind, the state of any contractual commitment in excess of the original contract period. The Department shall have the right, at its sole option, to renew the contract for three additional one-year periods, or any portion thereof. In the event the Department exercises such right, all terms and conditions, requirements, and specifications of the contract, including prices, shall remain the same and apply during renewal periods.

1.5 Amendments

1.5.1 If the Department determines that changes to the IFB are necessary, the resulting changes will be included in a subsequently issued IFB amendments prior to the bid end date and time.

1.6 Terminology/Definitions

1.6.1 Whenever the following words and expressions appear in a document or any amendment thereto, the definition or meaning described below shall apply.

a) Amendment means a written, official modification to a contract.

b) Attachment applies to all forms which are included to incorporate any informational data or requirements related to the performance requirements and/or specifications.

c) Buyer means the procurement staff member of the Department of Mental Health.

d) CIMOR means Customer Information Management, Outcomes & Reporting. A DMH enterprise system that ensures better quality service for customers and better access to data.

e) Contact Person as referenced herein is usually the Buyer.

f) Contract means a legal and binding agreement between two or more competent parties, for a consideration for the procurement of equipment, supplies, and/or services.

g) Contractor means a person or organization who enters into a contract.

h) Department means the Missouri Department of Mental Health.

i) Exhibit applies to forms which are included with a contract to be completed and submitted with the contract.

j) May means that a certain feature, component, or action is permissible, but not required.

k) Must means that a certain feature, component, or action is a mandatory condition. Failure to provide or comply will result in a bid being considered non-responsive.

l) Pricing Pages applies to the forms on which the Contractor must state the prices applicable for the equipment, supplies, and/or services required in the contract. The pricing pages must be completed and submitted by the Contractor with the contract.

m) RSMo (Revised Statutes of Missouri) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of Missouri. Chapter 34 of the statutes is the primary chapter governing the procurement operations of the Department.

n) Shall has the same meaning as the word must.

o) Should means that a certain feature, component and/or action is desirable but not mandatory.

2) COMPLIANCES, TERMS & CONDITIONS SECTION

2.1 Applicable Laws and Regulations

2.1.1 The contract shall be construed according to the laws of the State of Missouri. The Contractor and the State of Missouri must follow all applicable federal, state, and local laws and regulations that apply to the performance of the contract. To the extent that a provision of the contract is contrary to the Constitution or laws of the State of Missouri or of the United States, the provisions shall be void and unenforceable.

However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the Contractor and Department.

2.2 Indemnification

2.2.1 Unless expressly provided by Missouri law to the contrary, pursuant to the Constitution of the State of Missouri Article III, section 39, subsections 2 and 5, the state shall not indemnify, hold harmless, or agree in advance to defend, any person or entity.

2.3 Legal Proceedings

2.3.1 For any legal action or other proceedings, per section 27.050 and section 27.060, RSMo, the Missouri Attorney General is given the authority to represent the State of Missouri’s interests. The venue for any legal proceeding relating to or arising out of the IFB or resulting contract shall be in circuit court for Cole County, Missouri or the United States District Court for the Western District of Missouri, Central Division.

2.3.2 The Contractor and the state agree that if a dispute concerning the contract arises that the parties shall make an attempt to resolve the dispute through informal methods before initiating litigation.

2.3.3 The State of Missouri does not agree to any arbitration. The State of Missouri does not voluntarily agree to the payment of attorneys’ fees. The State may, but is not required to, mediate any dispute arising under the contract, and any vendor provisions requiring mediation or dispute resolution processes shall not be binding upon the State.

2.4 Non-Discrimination and Affirmative Action

2.4.1 The Contractor must comply with applicable federal and state laws and regulations addressing discrimination in employment.

2.5 Americans with Disabilities Act

2.5.1 In connection with the furnishing of equipment, supplies, and/or services under the contract, the Contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA), ADA is 42 U.S.C. section 1201, et seq.

2.6 Non-Appropriation of Funds

2.6.1 The Contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the state for any period in which funds have not been appropriated, have been withheld, or have been restricted, and the state shall not be liable for any costs associated with termination caused by lack of appropriations or authority to spend. This includes, but is not limited to, the provisions of the Mo. Const. Article IV, sections 23, 27, 28 and in sections 33.030 and 33.065, RSMo and 1

CSR 10-3.010 (1)(B).

2.7 Business Associate Agreement

2.7.1 The Department is subject to and must comply with provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH) (PL-111-5) and all regulations promulgated pursuant to authority granted therein. The Contractor shall abide by a Business Associate Agreement. The Department’s current Business Associate provisions are contained in Attachment A.

2.7.2 Unless the Contractor declares itself to be a Covered Entity as defined in HIPAA regulations, the Contractor shall be a “Business Associate” of the Department, as such term is defined in the Code of Federal Regulations (CFR) at 45 CFR 160.103

2.8 Contractor’s Personnel

2.8.1 The Contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes but is not limited to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), P.L. 104-208, 110 Stat. 3009, and INA Section 274A (8 U.S.C.

§1324a).

a) If the Contractor is found to be in violation of this requirement or the applicable state, federal and local laws and regulations, and if the State of Missouri has reasonable cause to believe that the Contractor has knowingly employed individuals who are not eligible to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse and suspend or debar the Contractor from doing business with the state. The state may also withhold up to 25% of the total amount due to the Contractor.

b) The Contractor shall fully cooperate with any audit or investigation from federal, state, or local law enforcement agencies.

2.8.2 Pursuant to subsection 1 of section 285.530, RSMo, ‘no Contractor or subcontractor shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of Missouri’. The Contractor shall adhere to 285.525 through 285.550 RSMo.

2.9 State Preferences

2.9.1 If the Contractor’s awarded bid included state preferences, the Contractor must comply with the rules applicable to those preferences including:

a) Section 34.070 and section 34.073 RSMo for Missouri business preferences;

b) Section 34.074 RSMo and 1 CSR 40-1.050 for Service-Disabled Veteran Enterprises;

c) Section 34.165 RSMo and 1 CSR 40-1.050 for Organizations for the Blind/Sheltered Workshops; and

d) Section 34.350 to 34.359 RSMo for the Missouri Domestic Products Procurement Act.

2.10 Business Compliance Requirements

2.10.1 E-Verify Federal Work Authorization Program, Exhibit #1 - The Contractor must complete and submit a Business Entity Certification and Affidavit of Work Authorization.

a) For work performed under the contract, the Contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws, including section 285.530, RSMo and Executive Order 07-13. If the Contractor employs personnel not authorized to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse, and to pursue any other remedies permitted by the contract or by applicable state or federal law.

b) Prior to the performance of any services, a Contractor meeting the definition of a business entity in section 285.525, RSMo, shall maintain enrollment and participation in the E-Verify Federal work authorization program with respect to the employees hired after enrollment in the program for work in connection with the contracted services included herein. If the Contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the Contractor shall enroll and participate in the E-Verify program.

c) The Contractor shall only be required to provide the affidavits required in section 285.530.2, RSMo, to the state on an annual basis.

2.10.2 Federal Funding Unique Identity ID, Exhibit #2 - The Contractor must not be presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the contract by any Federal department or agency pursuant to 2 CFR Part 180, or any other applicable law. The Contractor should provide its Unique Identity ID number and on the Exhibit #2, Federal Funding Unique Identity ID.

a) In the event the Contractor or any of its principals become suspended or debarred during the contract period, the Contractor shall immediately send written notification to the Department. The Department reserves the right to terminate the contract due to suspension or debarment of the Contractor or its principals, or failure by the Contractor to provide written notification of suspension or debarment.

2.10.3 Anti-Discrimination Against Israel Act Certification, Exhibit #3 - The Contractor must complete and submit the Anti-Discrimination Against Israel Act Certification if the Contractor meets the definition of a company as defined in section 34.600, RSMo, and has 10 or more employees.

a) The Contractor shall not engage in a boycott of goods or services from the State of Israel from companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel, or from persons or entities doing business in the State of Israel as defined in section 34.600, RSMo.

b) If during the life of the contract, the Contractor’s business status changes according to section 34.600, RSMo, then the Contractor shall comply with, complete, and submit to the Department an updated Exhibit #3, Anti-Discrimination Against Israel Act Certification.

2.10.4 State of Missouri Tax Compliance - Exhibit #4 - In accordance with section 34.040.7 RSMo, the Contractor must be in tax compliance with the Missouri Department of Revenue. The Missouri Department of Revenue will issue a “Vendor No Tax Due” certificate if the Contractor is properly registered to collect and have properly remitted sales and/or use tax, or if the Contractor is not making retail sales in Missouri. The Contractor certifies by signing the signature page of this original document and any addendum signature page that the Contractor and any proposed subcontractors either are presently in compliance with such laws or shall be in compliance with such laws prior to any resulting agreement award.

2.10.5 Registration of Business Name with the Missouri Secretary of State, Exhibit #5 - In accordance with section 351.572, RSMo, the Contractor must obtain a certification of authority from the Missouri Secretary of State, such certification must be either:

a) Good Standing

b) Fictitious Active, or

c) Identify how the Contractor’s business is exempt from registering with the Missouri Secretary of State.

2.10.6 General Business Compliance - The Contractor must be in compliance with the laws regarding conducting business in the State of Missouri. The Contractor certifies by signing the signature page of this original document and any amendment signature pages that the Contractor and any proposed subcontractors either are presently in compliance with such laws or shall be in compliance with such laws prior to any resulting contract award. Likewise, the Contractor shall remain in compliance with such laws for the duration of the resulting contract. The Contractor shall provide documentation of compliance upon request by the Department. The compliance to conduct business in the state shall include, but not necessarily be limited to:

a) Taxes (e.g., city/county/state/federal);

b) State and local certifications (e.g., professions/occupations/activities);

c) Licenses and permits (e.g., city/county license, sales permits); and

d) Insurance (e.g., worker’s compensation/unemployment compensation).

The Contractor should refer to the Missouri Business Portal at: Missouri Business Resources for additional information.

2.11 Federal Funds Requirements

2.11.1 The Contractor shall understand and agree that the contract may involve the use of federal funds. The Contractor shall comply with applicable Federal Funds Requirements, as amended by the federal government, which may include some or all of the paragraphs contained in Attachment C or other requirements identified by the federal government.

2.11.2 If during the Contractor’s fiscal year, the Contractor expends $1,000,000 or more in federal grant funds received from the Department, the Contractor shall have an annual audit conducted in accordance with 2

CFR 200.

a) The audit shall be conducted by an individual or firm licensed by the Missouri State Board of Accountancy.

b) The Contractor shall submit a copy of the audit to the Department by the due date for filing the audit with the federal clearinghouse.

c) Failure to comply with the audit requirements may result in reduction of available allocation of funds, reduction, or suspension of payments to the Contractor or cancellation of this contract between the Department and the Contractor.

2.11.3 The Contractor shall comply with applicable requirements of 31 U.S.C. § 1352 relating to limitations on use of appropriated funds to influence certain federal contracting and financial transactions.

http://business.mo.gov/

2.12 Open Records

2.12.1 Pursuant to section 610.021, RSMo, the contract and related documents are available for public review.

2.13 Retention of Records and Documents

2.13.1 Unless specified in writing as a shorter period of time, the Contractor shall preserve and make available with no limitation all books, documents, papers, and records involving transactions related to the contract for a period of 10 years from the date of the cancellation, expiration, or termination of the contract. Records and supporting documentation under audit or involved in litigation shall be kept for two years following the conclusion of the litigation or audit. During the contract period, access to these items shall be provided through a vehicle specified by the Department. During the post contract period delivery and access to these items shall be at no cost to the Department.

2.14 Social Security Administration Electronic Information Exchange Security Requirements

2.14.1 The Department is an Electronic Information Exchange Partner of the Social Security Administration (SSA) and is subject to and must comply with the provisions of the Federal Information Security Management Act (FISMA) as part of the Electronic Government Act of 2002, and relevant policy provided by the National Institute of Standards and Technology (NIST), a branch of the U.S. Department of Commerce, that has responsibility to outline and define compliance with FISMA.

2.14.2 The Contractor is subject to the same data security requirements as employees of the Department and must comply with all relevant Federal laws, restrictions on access, use, disclosure, and the security requirements contained within the Department’s agreement with SSA.

a) The SSA Agreement, related Information Exchange Agreements, and all related attachments are provided for the Contractor and their authorized users on the Departments Information System (CIMOR and other identified systems) portal on the Apps-Docs-Video page.

2.14.3 In order to comply with SSA requirements, the Department must provide an active and robust security awareness program and security training for the Contractor and their employees or agents who access SSA-provided information. Therefore, the Contractor, and employees or agents under the control of the Contractor who access SSA-provided information, shall take an annual, mandatory training provided by the Department.

a) SSA-required training is available on the Departments Information System (CIMOR and other identified systems) portal on Apps-Docs-Video page. The Contractor must certify that all employees and agents under its control complete the annual training, as provided on the CIMOR portal.

2.14.4 The Contractor, and employees or agents under the control of the Contractor, who view SSA-provided information, must certify that they understand the potential criminal, civil, and administrative sanctions, or penalties for unlawful access and/or disclosure.

a) Certification shall be completed on the CIMOR portal on the attestation page prior to accessing any verified SSA information.

2.14.5 The Department reserves the right to perform onsite reviews of the Contractor’s facility to determine that the following SSA requirements are being met:

a) Safeguards for sensitive information;

b) Technological safeguards on computers that have access to SSA provided information;

c) Security controls and measures to prevent, detect, and resolve unauthorized access to, use of, and re-disclosure of SSA-provided information; and

d) Continuous monitoring of the Contractor’s network infrastructures and assets.

3) SPECIFIC PERFORMANCE REQUIREMENTS

3.1 General Requirements

3.1.1 The Contractor shall be certified as a Quality Improvement Organization (QIO) or be certified as a QIO-like entity by the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services

(CMS).

3.1.2 The Contractor shall establish and maintain current and archived individual, employee, independent contractor, vendor, and Contractor files in a secure and confidential manner as required by federal and state rules and regulations.

3.1.3 The Contractor shall have a disaster recovery plan for continuity of operations and recovery of records. In the event of a disaster, the Contractor shall perform disaster recovery for electronic and hard copy files. The Contractor must perform routine testing and updating of the Contractor’s disaster recovery plan.

3.1.4 The Contractor shall meet with designated Department representatives at least quarterly or more frequently as requested of the Department.

3.2 Due Process Committee Coordination

3.2.1 The Contractor shall manage and facilitate a statewide Due Process Review Committee structure to ensure components of due process are afforded to individuals receiving Home and Community Based Services (HCBS). For reference, the current Due Process Review Committee structure is in accordance with Division Directive located at: 12.8.1 A Due Process Review | dmh.mo.gov.

3.2.2 The Contractor shall utilize the Division’s Electronic Platform to screen and process referrals, ensure notifications, and document findings of Due Process Reviews which shall include the following:

a) Receiving referral/plan and documentation of individual with limitation of rights;

b) Ensuring all required documentation is gathered and meets all the confidentiality requirements;

c) Complete Due Process Screening occurs when a submission does not include all required and the documentation cannot be forwarded to the due process committee.

1) Each incomplete packet shall be invoiced one time only at the initial submission; and

2) An initial submission, which includes all required components, is not invoiced as a due process screening.

d) Contacting individual/guardian to ask if they want to be present at the review;

d) Identifying the committee that will review the referral and notify them of the referral, along with notifying individuals and guardian of location and/or virtual location of review if they wish to attend;

e) Facilitation of the due process committee;

1) Every packet submitted to due process is invoiced under due process committee, one time.

f) Entering referral information and meeting data into the Division’s Electronic Platform;

g) Providing the committee any historical information on referrals to assigned contractor facilitator;

h) Ensuring that persons and entities as noted in the DD policy receive the findings of the Due Process Review from the assigned contracted facilitator;

i) Ensuring that a copy of the findings are provided to the provider, individual, and designated support coordinator;

j) Developing statewide initiative to recruit community members to participate, and assign to Committees;

k) Notifying a designated Division point of contact for Central Office referrals/reviews upon second Due Process Committee Referral with all components of due process not in place; and

l) An individual’s due process review is considered complete when all information has been reviewed by the committee, all data is entered into the electronic platform, final notifications sent, documents uploaded if necessary and issues are resolved.

https://dmh.mo.gov/media/pdf/1281-due-process-review

3.2.3 The Contractor shall participate in annual evaluation and monitoring of the process.

a) Designated Division contract providers and designated Division staff will complete satisfaction surveys designed cooperatively between the Division and the contractor related to areas in which the contractor was responsible. The contractor will not be responsible for conducting the surveys.

b) Projected activities for the following year included projected dates; and

c) A description of any problems or impediments encountered and proposed solutions.

3.3 Behavior Support Review Committee

3.3.1 The Contractor shall develop, facilitate, and manage a Behavior Support Review Committee (BSRC) of up to five of members to adequately address the need for those individuals referred to the committee, those individuals with significantly challenging behaviors, prohibited practices and for those individuals for oversight of restrictive behavioral supports.

3.3.2 The BSRC shall be co-chaired by the Contractor and a Division behavior analyst until such time that the Division authorities are updated, and the Contractor becomes sole facilitator.

3.3.3 The Contractor shall provide a BSRC Co-chair, two committee members for each committee meeting and the coordination support necessary to complete the BSRC activities. It is estimated that the co-chair spends

1.75 hours per plan reviewed; committee members spend 1.25 hours per plan reviewed; coordination efforts are estimated to be 1.5 hours per plan reviewed. The estimation includes the BSRC meeting time.

3.3.4 The BSRC shall meet to review at least but not limited to 12 plans each month. The current BSRC meets three times per month, reviewing four plans at each meeting. Plans requiring review include all plans referred, all prohibited practices referred, all Intense Therapeutic Residential Habilitation referrals and those individuals presenting with the greatest needs.

3.3.5 The Contractor shall utilize the Division’s Electronic Platform to process referrals, ensure notifications, and document findings of the BSRC which shall include the following:

a) Receiving referral/plan and documentation of individual experiencing one of the above identified criteria

b) Ensuring all required documentation is gathered and meets all the confidentiality requirements;

c) Identifying the committee that will review the referral and notify them of the referral, location and/or virtual location of the review if they wish to attend;

d) Entering referral information, committee findings and meeting data into the Division’s Electronic Platform;

e) Providing the committee any historical information on referrals to assigned Contractor facilitator;

f) Ensuring that persons and entities as noted in the DD policy receive the findings of the BSRC from the assigned contracted facilitator;

g) Ensuring that a copy of the findings are provided to the provider, individual, and designated support coordinator;

h) Developing statewide initiative to recruit community members to participate, and assign to Committees; and

i) An individual’s BSRC review is considered complete when all information has been reviewed by the committee, all data is entered into the electronic platform, final notifications sent, documents uploaded if necessary and issues are resolved.

3.3.6 The Contractor shall participate in annual evaluation and monitoring of the process.

a) Designated Division contract providers and designated Division staff will complete satisfaction surveys designed cooperatively between the Division and the Contractor related to areas in which the Contractor was responsible. The Contractor will not be responsible for conducting the surveys.

b) Projected activities for the following year included projected dates; and

c) A description of any problems or impediments encountered and proposed solutions.

3.3.7 The Department’s Due Process Committee (DPC) shall refer individuals to the BSRC to ensure Behavior Support Plans (BPS) with restrictive interventions meet standards of practice for behavior support (as defined in 9 CSR 45-3.090)

3.4 Implementation Requirements

3.4.1 Within 30 calendar days from the date the Department authorizes the Contractor to proceed with services, the Contractor shall meet with the designated Department representatives to develop required processes and tools.

3.4.2 Within 90 calendar days from the date the Department authorizes the Contractor to proceed with services, the Contractor shall provide in-person training to the Department, service providers, support coordination entities, families, and individuals regarding the assessment tools, forms, documents, and database applications.

a) Training may be held at each of the 11 Regional Offices. It is anticipated that no more than 100 hours of training will be required.

3.4.3 The Contractor shall provide on-going assistance to the state agency, regional office, service providers, support coordinators, and individuals and families regarding processes, forms and documents necessary to the Contractor’s responsibilities. The Department will direct relevant questions received from stakeholders to the Contractor. The Contractor shall respond to all requests within five calendar days and shall track requests to ensure timely responses. The Contractor shall submit an activity report reflective of these activities.

3.4.4 The Contractor shall enter issues identified through contractual activity as established by Division guidelines into the Integrated Quality Management Functions Database (IQMFD).

a) The IQMFD tracks issues or deficiencies and can provide a report of findings per function and provider.

b) The IQMFD is not designed to track all of the Contractor’s activities not related to issues or deficiencies.

c) The IQMFD does not provide statistical analysis, normalization, Z-Scores and T-Scores.

3.4.5 The Contractor shall utilize the Division’s electronic platform to enter, record, and upload supporting documents related to all functions of this contract.

3.4.6 The Division uses multiple electronic platforms to which the Contractor will have access as it pertains to the performance of the contract.

a) The Divisions platforms provide multiple sources of data for aggregation and analysis.

b) The Divisions platforms track basic data, finding, issues and unresolved issues.

c) The Divisions platforms may not provide all data points related to the activities of the Contractor not related to issues and findings.

3.4.7 The Department shall approve all survey questions, instruments, checklists, program review/interview protocols, and database applications developed or used by the Contractor prior to use.

3.5 Provider of Service Compliance Reviews

3.5.1 The Contractor shall conduct Provider of Service Compliance Reviews on providers who contract for, Independent Supported Living; Group Home; Shared Living; Day Habilitation, Community Networking, Individualized Skill Development, Employment, Personal Assistance, Respite Care, and Intensive Therapeutic Residential Habilitation. The review includes these services and any other service on the provider contract. The frequency of Provider of Service Compliance Reviews is annual or every three years, based on the providers’ scorecard rating and fidelity. It is estimated there will be 205 reviews in fiscal year FY 2027, 190 reviews in FY2028 and 130 reviews in FY2028.

3.5.2 The Contractor shall conduct Provider Service Compliance Reviews to assure provider compliance with the HCBS rule, 1915(c) Home and Community-Based Waiver programs and Purchase of Service Contract. The Service Compliance Reviews also ensure providers are compliant with all applicable federal and state rules, regulations, laws, statutes, policies and/or procedures including those to specific Centers for Medicaid and Medicare Services (CMS) approved 1915 (c) HCBS Waivers.

3.5.3 The Contractor shall use the Provider of Service Compliance Review to evaluate the capability of each…

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