ESBD_354382_1714572090520_HHS0014046_Attachment to Addendum 2_Q&A.pdf

PCS 134 HHS Responses to Questions

Effective Date 06/26/2015 Version 1.00 Page 1 of 12 Revision Date 09/13/2023

Solicitation Title: Actuarial Services and Medicaid Projects

Solicitation Number: HHS0014046

# Reference Question Response

1. General Would HHSC consider using the GSA to procure these services?

HHSC is only procuring these services through a Request for Proposals procurement method.

2. General Will HHSC give preference to local vendors?

Applicable preferences are provided in Exhibit A, HHS Solicitation Affirmations Version 2.4, 13. Preferences, Pages 2-3.

3. General Will this contract have cooperative purchasing language so other entities can buy off it?

This RFP will not result in a cooperative contract. Refer to RFP Section 2.1.1.3, Work Order Process.

4. General

Is it acceptable to submit a complete proposal document that includes e-signatures (like via DocuSign or electronic signature scan) or do the signatures need to be wet signatures?

It is acceptable to submit a complete proposal document that includes e-signatures.

5. Article II, Section 3.5.2, page 25

Are graphics and tables exempt from the requirement for 12-point font?

Information submitted for Article V, Narrative Proposal, should be in 12-point font. This includes graphics or tables submitted for Article V.

6. General Will awarded companies be able to speak with HHSC employees directly when gathering information on work requests and upcoming requests?

HHSC will work directly with the Contractor on work orders.

Refer to Exhibit E, Work Order Request-Response Form, Section I.B.1. Refer to RFP Section 2.1.1.3, Work Order Process.

7. General

Should there be multiple awards, will all work requests go to all awarded vendors, or can HHSC employees choose to work with only certain awarded vendors?

Refer to RFP Section 2.2.1, Contract Award and Execution.

HHSC intends to award one Contract.

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# Reference Question Response

8. General How many vendors will be awarded?

Refer to RFP Section 2.2.1, Contract Award and Execution.

HHSC intends to award one Contract.

9. Section 2.1.1.3

Are work orders only provided to the selected vendor from this contract? If so, please describe how the evaluation process (i.e., scoring and potential negotiations) may be used for each work order.

Refer to RFP Section 2.1.1.3, Work Order Process. The evaluation criteria for each Work Order will follow the same criteria found in RFP Section 4.2.5, Written Response Evaluation Criteria. Also refer to Exhibit E, Work Order Request-Response Form, Section I., Work Order Request Requirements, E. 1. and Section III, Work Order Authorizations.

10.

2.1.2 General

Contractor Requirements, A Page#12

How many actuarial opinions are needed per year? Actuarial opinions are upon HHS request, as needed.

11. Exhibit F, Are the monthly hours by position included in Exhibit F – Cost Proposal similar to the average monthly hours spent by the current vendor? If so, how varied have the monthly hours been over the course of a year (e.g., are hours typically higher in one quarter of the year based upon timing of state directed payments)?

Exhibit F, Cost Proposal provides the positions requested and the best estimated number of hours per month that HHSC can provide.

12. General Historically, how many work orders has HHSC usually called out?

HHSC has historically called out approximately 1-3 work orders per fiscal year.

13. RFP Section 2.3 Does the State have an estimated number of people or work order requests that will be called out over the duration of this contract?

HHSC has historically called out approximately 1-3 work orders per fiscal year.

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# Reference Question Response

14. 2.3, Paragraph 1, Page#19

Can HHSC provide clarity on the historical compensation? Does the approximately $1 million per fiscal year account for all task orders within the last year or for one task order?

HHSC has historically called out approximately 1-3 work orders per fiscal year. Refer to RFP Section 2.3, Historical Compensation.

15.

2.1.5, Contractor’s Staff Requirements, Page#13

What is the division of labor/staff types between HHSC staff and the Contractor?

Staff types listed under 2.1.5, Contractor’s Staff Requirements are required to be provided by the contractor.

16. RFP Section 2.1.1.3 What major stakeholders would we be working with to complete these work orders?

The major stakeholders include HHSC Medicaid and CHIP Services, Delivery System and Quality Innovation team.

Also, refer to RFP Section 2.1.5, Contractor’s Staff Requirements.

17.

Article II, Section 2.1.7, page 16 / Article V, Section 5.1.4, page 34

Who is considered Key Personnel?

RFP Section 2.1.5, Contractor’s Staff Requirements provides the key personnel who will be performing the actuarial services in accordance with specifications contained in this RFP.

18. Article II, Section 3.5.2, page 25

Will the organization’s response to Article V, Section

5.1.3 (Organizational Experience and Qualifications), and Section 5.1.4 (Key Staff Experience and Qualifications) be excluded from the 20-page limit for the narrative proposal?

The respondent’s response to RFP Section 5.1.3, Organizational Experience and Qualifications and 5.1.4, Key Staff Experience and Qualifications are included in the 20-page limit. Only the Resumes and CVs will be excluded per RFP Section 3.5.2, Page Limit and Supporting Documentation.

19. General Can an example work order request be posted?

Refer to Exhibit E, Work Order Request-Response Form for the required format.

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# Reference Question Response

20. Article II, Section 3.5.2, page 25

Can the organization include examples of work deliverables in supporting documentation?

Respondents must comply with the Narrative Proposal page requirements of RFP Section 3.5.2, Narrative Proposal.

21.

5.1.2 Ability to

Meet Requirements, B. , Page#34

Would HHSC be able to share any prior Work Orders that we can use as a reference for our proposal response?

HHSC will not be able to share any prior Work Orders.

Refer to Exhibit E, Work Order Request-Response Form

22. 2.1.1.3 H

The Solicitation states that each approved Work Order will be incorporated as an Amendment to the Contract. Are amendments to the current contract available to understand the types of Work Orders previously executed?

This question is not within the scope of this RFP.

23. General Are contractors able to add labor categories to this opportunity?

Labor categories required by HHSC are listed in the RFP and Exhibit F, Cost Proposal. Contractors may submit additional labor categories as an Exception using Exhibit G, Exceptions.

24. General Who, if any, are the incumbent providers to date?

This question is not within the scope of this RFP. Refer to open records. https://hhs.texas.gov/about-hhs/communications-events/open-records-policy-procedures

25. General

Is there an incumbent for the scope of work described in the RFP? If so, who performed the work previously and if possible, can you share a rough estimate of hours and fees to perform the work over the last five years (or contract history, whichever is less)?

Further, what is precipitating the release of this RFP currently?

This question is not within the scope of this RFP. Refer to open records. https://hhs.texas.gov/about-hhs/communications-events/open-records-policy-procedures https://hhs.texas.gov/about-hhs/communications-events/open-records-policy-procedures https://hhs.texas.gov/about-hhs/communications-events/open-records-policy-procedures https://hhs.texas.gov/about-hhs/communications-events/open-records-policy-procedures

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# Reference Question Response

26. General What format would they like exceptions to be listed?

Refer to RFP Section 3.5.4, Exceptions and Exhibit G, Exceptions Form.

27. Section 3.6.3 Can we submit financials separately due to confidentiality?

Respondents can claim exemption under the Public Information Act for specific portions of their responses. For more information see RFP Section 8.1.5, Public Information Act - Respondent Requirements Regarding Disclosure.

28. General Can companies add in additional benefits they offer even if it is not asked for?

This question is not within the scope of the RFP.

29.

3.6 Solicitation

response Submission and Delivery

#3 and #4 of Submission Option #2 state, “In accordance with Section 7.1, (Cost Proposal), each USB must contain…” and “In accordance with Section 6.8, (HUB Subcontracting Plan”, each USB must contain…” respectively – does this instruction apply to the Online Bid Room submission option?

Is the Contractor required to provide a USB of the Cost Proposal and HUB Subcontracting Plan in addition to the Online Bid Room submission?

Respondents may submit all files either on USBs, refer to RFP Section 3.6.2, Submission Option #1 or through the Online Bid Room, refer to RFP Section 3.6.2, Submission Option #2.

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# Reference Question Response

30. Article IV Will HHSC share the evaluation scorecard each vendor receives?

This information is only available after the contract has been awarded. Respondents can file a public information request with the Texas Health & Human Services Commission (HHSC), by following the instructions available at this link:

https://hhs.texas.gov/about-hhs/communications-events/open-records-policy-procedures

31. General

Are there any terms for buyout included? For instance, if HHSC wanted to hire a temporary employee after 3 months, would HHSC receive a buyout fee?

This question is not within the scope of the RFP.

32. 2.1.1.2 A

Are there specific tools, templates, or data visualizations that the current vendor has developed that the selected vendor will take over the development and management of? Are these tools published on HHSC's website and if so, please provide a link to these tools.

Some tools and data visualizations for the current directed payment programs quality requirements posted under the webpages here:

https://www.hhs.texas.gov/providers/medicaid-business-resources/medicaid-chip-directed-payment-programs.

Some items are expected to be developed by the vendor that are currently developed by HHSC.

33. 2.1.1.2 C

Are the materials from prior stakeholder meetings related to directed payment programs, quality-based payment proposals, and other Medicaid-related reform options available on HHSC's website?

No such materials are not posted publicly.

34.

Exhibit L, 1.2 HUB Subcontract Plan Requirements Page#1

Can HHSC explain how the 26% HUB subcontracting goal is factored into the evaluation if the Contractor will be proposing to use Method V: Self Performance and complete the Self Justification?

Refer to Section 1.2 and 1.3 of Exhibit L, HUB Subcontracting Plan.

https://hhs.texas.gov/about-hhs/communications-events/open-records-policy-procedures https://hhs.texas.gov/about-hhs/communications-events/open-records-policy-procedures https://www.hhs.texas.gov/providers/medicaid-business-resources/medicaid-chip-directed-payment-programs https://www.hhs.texas.gov/providers/medicaid-business-resources/medicaid-chip-directed-payment-programs

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# Reference Question Response

35. RFP Section 3.5.4 Exceptions

Will HHSC consider deleting the following requirement: Section 2.1.9.3 Performance Measures?

Performance measures will not be removed from the procurement.

36. RFP Section 3.5.4 Exceptions

Will HHSC consider deleting the following section in Exhibit D: Section 5.06 Indemnification?

HHSC cannot address exceptions to the Uniform Terms and Conditions (UTCs) during the Solicitation Questions period, please submit any exceptions to the UTCS on Exhibit G, Exception Form in accordance with RFP Section 3.5.4, Exceptions.

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# Reference Question Response

37. RFP Section 3.5.4 Exceptions

Will HHSC consider the following modification to Section 4.1 Warranty:

Contractor warrants that all Work under this Contract shall be completed in a manner consistent with standards under the terms of this Contract, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Contract; and all Deliverables shall be fit for ordinary use, of good quality, and with no material defects. If System Agency, in its sole discretion, determines Contractor has failed to complete Work timely or to perform satisfactorily under conditions required by this Contract, during the performance of the services, or within one (1) year following completion of the Agreement, the System Agency may require Contractor, at its sole expense up to a maximum amount equivalent to the cost of services rendered under this Agreement, to:

i. Repair or replace all defective or damaged Work;

ii. Refund any payment Contractor received from System Agency for all defective or damaged Work and, in conjunction therewith, require Contractor to accept the return of such Work; and,

iii. Take necessary action to ensure that Contractor’s future performance and Work conform to the Contract requirements.

HHSC cannot address exceptions to the Uniform Terms and Conditions (UTCs) during the Solicitation Questions period, please submit any exceptions to the UTCS on Exhibit G, Version 1.00 Page 9 of 12 Revision Date 09/13/2023

# Reference Question Response

38. RFP Section 3.5.4 Exceptions

Will HHSC consider the following modification to section 5.1 A Ownership of Work Product:

All right, title, and interest in the Work Product, including all Intellectual Property Rights therein, is exclusively owned by System Agency to be used for the purposes set forth under this Agreement. Contractor and Contractor’s employees will have no rights in or ownership of the Work Product or any other property of System Agency.

HHSC cannot address exceptions to the Uniform Terms and Conditions (UTCs) during the Solicitation Questions period, please submit any exceptions to the UTCS on Exhibit G, Exception Form in accordance with RFP Section 3.5.4, Exceptions.

39. RFP Section 3.5.4 Exceptions

Will HHSC consider the following modification to section 5.1 D Ownership of Work Product:

In the event that Contractor has any rights in and to the Work Product that cannot be assigned to System Agency, Contractor hereby grants to System Agency an exclusive, worldwide, royalty-free, transferable, irrevocable, and perpetual license, with the right to sublicense, to reproduce, distribute, modify, create derivative works of, publicly perform and publicly display, make, have made, to use, sell and offer for sale the Work Product and any products developed by practicing such rights.

HHSC cannot address exceptions to the Uniform Terms and Conditions (UTCs) during the Solicitation Questions period, please submit any exceptions to the UTCS on Exhibit G, Exception Form in accordance with RFP Section 3.5.4, Exceptions.

40. RFP Section 3.5.4 Exceptions

Will HHSC consider the following modification to Section 5.2 B Contractor’s Pre-Existing Works:

Contractor hereby grants to System Agency an irrevocable, perpetual, non-exclusive, royalty-free, transferable, worldwide right and license, with the right to sublicense, to use, reproduce, modify, copy, create derivative works of, publish, publicly perform and display, sell, offer to sell, make and have made, the Incorporated Pre-existing Works, in any medium, with or without the associated Work Product.

HHSC cannot address exceptions to the Uniform Terms and Conditions (UTCs) during the Solicitation Questions period, please submit any exceptions to the UTCS on Exhibit G, Version 1.00 Page 10 of 12 Revision Date 09/13/2023

# Reference Question Response

41. RFP Section 3.5.4 Exceptions

Will HHSC consider the following modification to Section 5.5 Delivery Upon Termination or Expiration:

No later than the first calendar day after the termination or expiration of the Contract or upon System Agency’s request and upon full payment to Contractor, Contractor shall deliver to System Agency all completed, or partially completed, Work Product, including any Incorporated Pre-existing Works, and any and all versions thereof. Contractor’s failure to timely deliver such Work Product is a material breach of the Contract. Contractor will not retain any copies of the Work Product or any documentation or other products or results of Contractor’s activities under the Contract without the prior written consent of System Agency.

HHSC cannot address exceptions to the Uniform Terms and Conditions (UTCs) during the Solicitation Questions period, please submit any exceptions to the UTCS on Exhibit G,

42. RFP Section 3.5.4 Exceptions

Will HHSC consider the following modification to Section 8.1 B Record Maintenance and Retention:

Contractor shall maintain and retain legible copies of this Contract and all records relating to the performance of the Contract including supporting fiscal documents adequate to ensure that claims for contract funds are in accordance with applicable State of Texas requirements. These records shall be maintained and retained by Contractor for a minimum of three (3)seven (7) years after the Contract expiration date or three (3)seven (7) years after the completion of all audits, claim, litigation, or dispute matters involving the Contract are resolved, whichever is later. Contractor shall ensure these same requirements are included in all subcontracts.

HHSC cannot address exceptions to the Uniform Terms and Conditions (UTCs) during the Solicitation Questions period, please submit any exceptions to the UTCS on Exhibit G, Version 1.00 Page 11 of 12 Revision Date 09/13/2023

# Reference Question Response

43. RFP Section 3.5.4 Exceptions

Will HHSC consider striking the following Section 9.1 Contract Remedies v?

HHSC cannot address exceptions to the Uniform Terms and Conditions (UTCs) during the Solicitation Questions period, please submit any exceptions to the UTCS on Exhibit G, Exception Form in accordance with RFP Section 3.5.4, Exceptions.

44. RFP Section 3.5.4 Exceptions

Will HHSC consider reserving the following Section

9.4 Contractor Responsibility for System Agency’s

Termination Costs?

HHSC cannot address exceptions to the Uniform Terms and Conditions (UTCs) during the Solicitation Questions period, please submit any exceptions to the UTCS on Exhibit G, Exception Form in accordance with RFP Section 3.5.4, Exceptions.

45. RFP Section 3.5.4 Exceptions

Will HHSC consider the following modification to Section 9.2 Termination for Convenience?

The System Agency may terminate the Contract, in whole or in part, at any time and upon thirty (30) days written notice when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in the System Agency’s notice of termination.

HHSC cannot address exceptions to the Uniform Terms and Conditions (UTCs) during the Solicitation Questions period, please submit any exceptions to the UTCS on Exhibit G, Exception Form in accordance with RFP Section 3.5.4, Exceptions.

46. RFP Section 3.5.4 Exceptions

Will HHSC consider the following modification to Article X Indemnity?

10.1 General IndemnitY

A. CONTRACTOR SHALL DEFEND, INDEMNIFY AND

HOLD HARMLESS THE STATE OF TEXAS AND SYSTEM

AGENCY, AND/OR THEIR OFFICERS, AGENTS,

EMPLOYEES, REPRESENTATIVES, CONTRACTORS,

ASSIGNEES, AND/OR DESIGNEES FROM ANY AND

ALL third-party LIABILITY, ACTIONS, CLAIMS, HHSC cannot address exceptions to the Uniform Terms and Conditions (UTCs) during the Solicitation Questions period, please submit any exceptions to the UTCS on Exhibit G, Version 1.00 Page 12 of 12 Revision Date 09/13/2023

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