FEB 2026 Revisions- Court Services RFA SOW updated 3.2025.docx

EXHIBIT A– STATEMENT OF WORK

Forensic Services Department Evaluations Competency, Mental Condition, and Sanity

1. Definitions The following terms shall be construed and interpreted as follows:

1.1.

1.2. “Bond evaluation” means an evaluation in which the defendant is in the community and on bond or summons.

1.2. “CDHS” means the state of Colorado, acting by and through the Department of Human Services; alternately referred to as “State” or “Department.”

1.3. “Competency evaluation” means an evaluation ordered by the court to determine a defendant’s capacity to understand their charges, court proceedings, and assist a lawyer in their defense; these evaluations are performed by psychologists and psychiatrists licensed in the state of Colorado. Competency to stand trial is generally determined via a pretrial evaluation of the defendant’s overall mental status at the time of the examination. These evaluations aim to provide sufficient information to allow a judge to rule on the competency of the defendant should a motion to that effect be made by either the prosecutor or defense attorney or otherwise at the direction of the court. The focus of the evaluation is on current competency-related functional abilities and other statutorily required opinions such as restorability, civil commitment, short-term certification and the imposition of legal disability. .

1.4. “Contract” means this agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.

1.5. “CTP evaluation” means an initial evaluation of a defendant’s competency to proceed. .

1.6. “Court Letters” means a letter written by Contractor to the court when an evaluation is unable to be completed by the deadline/upcoming court date (e.g., Contractor cannot make contact with a client after multiple attempts client does not attend a scheduled appointment after all reasonable attempts have been exhausted to schedule). Letters should only be sent to the court when professionally appropriate and after all reasonable attempts (i.e., all known methods to connect with defendant have been exhausted whether that be through the defendant directly, attorney(s) involved, department, etc.) to complete an evaluation have been attempted.

1.7. “FSDV” means the OCFMH’s Forensic Services Division.

1.8. “Hold and Wait” means an evaluation in which the Sheriff transports the defendant to the evaluation, remains present during the evaluation, and returns the defendant to custody/jail at the conclusion of the evaluation.

1.9. “In Custody evaluation” means an evaluation in which the defendant is housed in a secure, locked facility (e.g., jail, hospital, prison)

1.10. “Inpatient evaluation” means an evaluation in the custody of the department, either in a hospital or in a full time, jail-based restoration program developed by the department.

1.11. “ITP evaluation” means an assessment of a defendant’s restoration to competency after a defendant has been adjudicated as incompetent to proceed by the court and competency restoration has been ordered.

1.12. “Mental Condition/Sanity Evaluation” means an evaluation ordered by the court to determine one’s mental state at the time of a crime. These evaluations aim to provide sufficient information to allow a judge to rule on the issue of one’s sanity. Psychologists/psychiatrists can help determine if a client meets the established legal criteria.

1.13. “No show” means a confirmed scheduled interview in which the client does not appear for their appointment or is unable to due to extenuating circumstances despite having scheduled. A no show does not include when an evaluator has to cancel an appointment, when an interview is started but not completed, when inclement weather interrupts the appointment, or other such circumstances.

1.14. “OCFMH” means the CDHS Office of Civil and Forensic Mental Health.

1.15. “PHI” means any protected health information, including, without limitation any information whether oral or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (ii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is not limited to, any information defined as Individually Identifiable Health Information by the federal Health Insurance Portability and Accountability Act.

1.16. “Services” means the services to be performed by Contractor as set forth in this Contract, and shall include any services to be rendered by Contractor in connection with the Goods.

1.17. “State” means the state of Colorado, acting by and through the Department of Human Services; alternately referred to as “CDHS.”

1.18. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State confidential information shall include, but is not limited to, CJI (criminal justice information), PHI (protected health information), and State personnel records not subject to disclosure under Colorado Open Records Act (CORA).

1.19. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA.

Any other term used in this Contract that is defined elsewhere (including in an Exhibit) shall be construed and interpreted as defined.

2. General Terms and Conditions

2.1. Contractor shall seek to support the CDHS Mission to collaborate as a partner to design and deliver high quality human and health services that improve the safety, independence, and well-being of the people of Colorado.

2.2. In the event funding is no longer available for contracted evaluations or there is a need to reduce referrals to contractors, the OCFMH has the right to temporarily or permanently discontinue the use of this contract and/or reduce assignments at no additional cost and with no penalty whatsoever.

2.3. The OCFMH reserves the authority to monitor and audit Contractor’s Services.

2.3.1. CDHS shall conduct both unannounced and announced review of Contractor’s services to assure that individuals receiving services from CDHS are receiving appropriate services, and are cared for in accordance with all CDHS and OCFMH regulations, policies, and procedures.

2.3.2. OCFMH will audit Contractor’s performance at a minimum of once per year, or more if needed. Audits will include review of submitted reports and other relevant materials as detailed in an example QA Review in Exhibits A.10-A.12.

2.3.3. When the OCFMH provides results of audit to Contractor, Contractor shall address any identified deficiencies in accordance with Colorado statute (e.g., competency statute, duty to report, and duty to warn statute), FSDV policy and practices, and best practices.

2.3.4. If the OCFMH identifies significant deficits in this auditing process, they reserve the right to terminate the Contract. This includes if the Contractor does not incorporate feedback provided to them in prior reviews/audits or meet the standards set forth by the department.

2.4. Contractors may be released from contract at any time at the discretion of the OCFMH

2.4.1. Contractors may request to be released from the contract with 30-days’ notice to the OCFMH.

2.5. Contractors are a representation of the CDHS and FSDV and must act in a respectful and appropriate manner when dealing with key stakeholders internally and externally.

2.6. Contractors shall adhere to the most current CDHS, OCFMH, and FSDV policies (Exhibits A.1-A.9)

2.7. Subcontracting is not permitted unless directly approved by the Division Director.

3. Contractor Services

3.1. Contractor Requirements

3.1.1. Contractor shall have appropriate credentials to provide services. Contractor must have a doctoral degree in Psychology or Medicine and must be a licensed psychologist or psychiatrist in the State of Colorado. Contractor must therefore also complete associated continuing education required for being a licensed psychologist or psychiatrist in the State of Colorado.

3.1.2. Contractor shall maintain all business licensing necessary to conduct related services. Proof of such licenses, certifications, approvals, and insurance shall be provided upon the application process or at the OCFMH’s request and an updated version shall be submitted to the OCFMH secondary to any changes. Any revocation, withdrawal or nonrenewal of necessary license, certification, approval, insurance, etc. required for the Purchase order or to properly perform this agreement shall be grounds for termination of this agreement by the OCFMH.

3.1.3. Contractor shall complete all onboarding requirements prior to conducting any services, which will include any initial and subsequent training, and orientation to the CDHS system, policies, and procedures. Contractor will also be responsible for completing necessary annual licensure requirements for Colorado, and completing any training as required by CDHS. It will also include any training required as a result of the quality assurance process.

3.1.4. Contractor agrees to carry and provide State minimum levels of malpractice insurance and provide such proof of insurance upon signature of the final agreement should they be awarded.

3.1.5. Contractor must disclose if they are a former or current State of Colorado employee and the dates of their employment with the State.

3.1.6. Contractor must abide by the timeliness set forth by the court orders, Consent Decree, FSDV, and/or statute when completing these evaluations. A lack of timely completion of work can be terms for termination of the Contract.

3.1.7. There may be times when the OCFMH requests the Contractor complete additional evaluations beyond set maximums. This is at the discretion and approval of the OCFMH.

3.1.8. Given the ever changing nature of State case law and statute associated with services in this Contract, it is expected that Contractor will remain current with the available legal information pertaining to such cases and as applied in Colorado.

3.1.9. Contractor will adhere to the internal case assignment process. Cases will be assigned by staff in the Court Services Department based on established department practice and policy. Contractor must provide needed information in order for cases to be assigned, such as availability and geographic restrictions. Cases will only be assigned to the Contractor if appropriate training to conduct such evaluations has been verified. Barring extenuating circumstances or ethical issues, Contractor will not reject assignments given to them.

3.1.10. Contractor is responsible for maintaining and tracking their cases once they have been assigned. Contractor must immediately notify Court Services Department staff when there is an issue pertaining to a case or meeting case deadlines.

3.2. Forensic Evaluations

3.2.1. Forensic Evaluations include adult and juvenile competency to proceed evaluations, restoration evaluations, mental condition evaluations, and sanity evaluations. Any clinically indicated or legally required psychological testing associated with these evaluations required will be completed by the Contractor.

3.2.1.1. Adult Competency Evaluations: Contractor will conduct competency evaluations (both COMP and ITP evaluations) for adults when they have appropriate prior training and experience, complete FSDV training requirements, and are approved by FSDV leadership. In some instances, contractors may be called to testify regarding their reports.

3.2.1.3. Juvenile Competency Evaluations: Contractors may complete juvenile competency evaluations with juveniles when they have adequate training and prior experience, completed required FSDV training, and have been approved by FSDV leadership. In addition, evaluators must have demonstrated mental health expertise in juvenile competency evaluations, child and adolescent development and psychopathology, assessment administration and interpretation specific to intellectual domains and functioning, and familiarity with the juvenile justice system, individualized educational plans, associated developmental disabilities, and psychoeducational evaluations. In some instances, contractors may be called to testify regarding their reports.

3.2.1.3.1. In recognizing the particular vulnerability of juveniles in the legal system, additional initial and ongoing training requirements will be required to be completed by Contractors. Contractor will be informed of such requirements in a timely manner. Requirements can include, but are not limited to, attendance of department training, completion of relevant empirical readings, and more frequent auditing of reports.

3.2.1.2. Sanity and Mental Condition Evaluations: Contractor may complete sanity and mental condition evaluations if qualified per Colorado statute and if Contractor completes FSDV training requirements, has prior experience conducting such evaluations, and has been approved by FSDV leadership. In some instances, contractors may be called to testify regarding their reports.

3.2.1.2.1. In recognizing the complexity of sanity and mental condition evaluations, additional training and ongoing training requirements will be required to be completed by the Contractor. Contractor will be informed of such requirements in a timely manner. Requirements can include, but are not limited to, attendance of department training, completion of relevant empirical readings, and more frequent auditing of reports.

3.3. Other Forensic Expertise

3.3.1. Consultation: Consultation includes but is not limited to use of a select expertise not otherwise available within the department in order to inform legislation, evaluation, treatment, process, and/or program development. Consultation may include documentation review, research, or serving as a subject matter expert during internal and external stakeholder meetings or hearings.

3.3.2. Program Development, Training, and Teaching: Program development and training includes but is not limited to assisting the department in the development of best practices, programming, processes, policies, etc., and developing and providing any associated training. Training may also include serving as a departmental support for clinical training not otherwise available from within the department.

3.4. Workload Requirements

3.4.2.1. All minimum and maximum requirements are contingent upon the availability of such evaluations and the needs of the CDHS. Minimum requirements pertain to submitted evaluation totals per specified time period. Contractor shall not submit more than 16 credits per month (e.g., Contractor can submit 12 adult competency evaluations and 1 sanity evaluation in a month) without direct approval from FSDV leadership. If the contractor also holds other contracts with the Department, that workload may be incorporated into these parameters.

3.4.2.2. Contractor must make all efforts to complete the minimum required evaluations, which will be assessed as an annual average to accommodate for monthly fluctuations.

3.4.2.6. Consultation, program development, training, and teaching will be assigned by FSDV leadership on an as needed basis.

4. Contractor Rates and Billing information

4.1. Competency Evaluations: This is an all-inclusive rate per assignment (e.g., if a defendant has two simultaneous court cases in separate jurisdictions and thus requires two reports, this is billed as one evaluation) including necessary addendums, and there is no reimbursement for travel or other expenses such as review of records or other documents.

OR

Completion of American Board of Forensic Psychology waiver approved training program $1500

4.1.2. Spanish speaking contractor may charge an additional $250 per evaluation for Spanish speaking defendants.

4.2. Sanity and Mental Condition Evaluations: This is an all-inclusive rate per evaluation, and there is no reimbursement for travel or other expenses, such as review of records or other documents.

4.2.1. Adult Mental Condition and Sanity Evaluations

4.2.2. Spanish speaking contractor may charge an additional $250 per evaluation for Spanish speaking defendants

4.3. Testimony is reimbursed at $150 per hour. Testimony preparation will be reimbursed at a rate of $150 per hour with a cap of four hours. In the event testimony preparation exceeds the cap, costs incurred will be determined on a case-by-case basis with written pre-approval by FSDV.

4.4. Consultation, program development, and the provision of training is reimbursed at $150 per hour. Associated research and preparation may be reimbursed if not already established. If such activities are project specific, it may require a separate work agreement and contract, as well as potential rates.

4.5. No shows (with no letter written to the court) are reimbursed at a rate $50 per occurrence. Cases that require a letter to the court that are pertaining to client issues, per guidance in definitions section, are reimbursed at the rate of $100 per occurrence. Either a no show or letter should be billed for an occurrence; Contractor shall not bill both for any single occurrence.

4.6. In special circumstances, Contractor may bill for travel after obtaining written pre-approval by FSDV. Costs incurred prior to written approval are not reimbursable. All pre-approved travel must be coordinated and paid for by the OCFHM pursuant Fiscal Guidelines.

4.6.1. Contractor can bill for mileage if the evaluation involves traveling 50 miles or more from Contractor’s residence. Any travel under 50 miles from the point of residence is not billable.

4.6.2. The cost associated must be within per diem and travel guidelines set forth by the Office of State Controller. CDHS will not reimburse outside of the per diem allowed to include meals over the permitted amount, when overnight travel is approved.

4.6.3. If travel requires overnight stay with travel distance exceeding 50 miles from point of residence, a request may be submitted for lodging reimbursement after obtaining written pre-approval by FSDV.

4.6.4. Contractors shall make all reasonable attempts to attend all testimony virtually when travel reimbursement may apply. If Contractor resides more than 50 miles from the testimony location and is required to attend in-person testimony, Contractor will discuss travel costs with FSDV on a case-by-case basis, prior to initiating travel plans.

4.7. Contractor is not guaranteed a specific number of clients nor is there a guarantee for a specific dollar amount for reimbursement per fiscal year. Contractor understands that these services are on an “as needed” basis as required by the courts.

5. Required Orientation and Training

5.1. Orientation and Initial Requirements

5.1.1. Contractor shall be required to attend an initial onboarding prior to beginning their contract work and a two-day “Orientation to Court Services and Forensic Evaluations in Colorado” at the Contractor’s expense. There will be no reimbursement for these trainings or the mileage to attend such orientation. If requested by the Director of Court Services, Director of Contracts, and/or Office and Deputy Director, more training may be required to fulfill a business need. This may be at the contractor's expense.

5.1.2. Contractor will also be required to attend any required training for special evaluation types (i.e., juvenile competency evaluation, sanity/mental condition evaluations).

5.1.3. Contractor shall agree to undergo and successfully pass a CBI Background check, conducted and paid for by the OCFMH in accordance with C.R.S. 27-90-111. No contact with clients shall take place until the background check is complete and passed.

5.1.4. Contractor shall submit to and successfully pass a drug screen at the cost of the OCFMH, if required.

5.1.5. Contractor must review and subsequently adhere to all CDHS, OCFMH, and FSDV policy, including CDHS/FSDV Code of conduct (Exhibit A.1), VI. 3.5 Workplace Violence (Exhibit A.2), and Preventing Sexual Harassment (Exhibit A.3), HIPAA (Exhibits A.4), Fraud (Exhibit A.5), IT Security (Exhibit A.6), Critical Incident (Exhibit A.7),Tele-Eval (Exhibit A.8), Crisis During Evaluation Policy and Procedure (Exhibit A.9), and Federal Bureau of Investigation Criminal Justice Information Services Security Addendum & Certification.

5.2. Ongoing Training and Departmental Meetings

5.2.1. The OCFMH may require Contractor to complete follow up or subsequent training after completion of initial training requirements (e.g., training on statutory updates or updated OCFMH policy and processes). Contractors are to comply with guidance and mandates from these trainings.

5.2.2 It is expected that Contractor will seek out necessary training when needed for individual cases and maintain a knowledge of the field’s best practices.

5.2.3. Contractor is required to meet with the supervisor of contract evaluators and attend departmental meetings as directed and as needed. This includes, but is not limited to, monthly contractor Q&A meetings.

6. Provision of Services

6.1. Evaluations

6.1.1. Contractor shall adhere to departmental assignment processes and expectations.

6.1.2. Contractor is responsible for scheduling the evaluations with clients that have been assigned to them by the OCFMH and making all efforts to ensure clients are contacted and interviews conducted as scheduled.

6.1.3. Contractor understands that some evaluations will vary in length based on the complexity of the issues and the type of evaluation being performed. Occasionally, it may be necessary to complete the evaluation over two or more sessions. This does not change the billing rate for such evaluations.

6.1.4. Contractor shall be responsible for submitting their reports within the timelines specified at the time the case was assigned and in conjunction with statutory mandates or must communicate as to why this is not possible to the OCFMH, which needs to be approved by the clinical and/or program director. The report shall detail the results of the session and the required statutory report elements and opinions.

6.1.5. Contractor shall submit reports that are consistent with department policy, best practices, and statutory standards. Contract shall utilize department templates for reports.

6.1.6. If Contractor utilizes video to conduct evaluations, it is expected that they ensure appropriate processes are in place as it pertains to confidentiality, technology, and safety. Contractor is responsible for ensuring all video evaluations are only conducted when clinically appropriate and follow all legal standards and best practices.

6.1.7. If Contractor is unable to meet report minimum requirements for the month, they shall notify the state liaison of temporary unavailability.

6.1.8. Contractor shall not complete a second opinion evaluation on patients they have evaluated on behalf of OCFMH. Contractor shall not complete evaluations in which individuals they have a personal relationship with are involved (e.g., personal relationship with prior evaluator, attorney, judge, client) or in which they have a prior professional relationship that would cause conflict (e.g., a defendant which Contractor has previously provided treatment services to or previously evaluated outside of their role as a Contractor).

6.2. Psychological Testing

6.2.1. Contractor understands that some cases will require or will benefit from the use of psychological testing and will utilize such testing when clinically indicated and appropriate. Upon request, Contractor may be able to access available testing materials with approval.

6.2.2. If Contractor is unable to complete testing for logistical reasons (e.g., does not have the appropriate training/education, is unable to conduct testing due to residing out of state), they will immediately reach out to appropriate staff to discuss this and make a plan for how testing can be completed appropriately.

6.2.3. Contractor will have access to neuropsychological testing as needed and when indicated. Contractor shall not make inappropriate referrals for such testing and consult with appropriate staff when necessary.

6.3. Invoicing

6.3.1. Contractor shall submit accurate monthly invoices in a timely manner, no later than the third day of the month. Contractor shall notify appropriate staff immediately with any invoices, concerns or issues

6.3.2. Contractor payment shall be reduced at a rate of 1% of the total amount per day past the third day of the month.

6.3.2. Contractor shall invoice for all completed reports and associated fees for the prior month. Fees for evaluation related expenses shall be billed in the month the report is billed.

6.3.3. Contractor shall ensure all invoices are accurate and complete.

6.4. Auditing and Quality Assurance

6.4.1. Contractor’s reports will be audited on a regular basis in accordance with department practices. Contractor shall cooperate with this process, which can include, but is not limited to, meeting with supervisors, incorporating suggested feedback, and seeking out consultation when needed.

6.5. Confidentiality and Records Management

6.6.5.1. Contractor shall not use confidential information learned in role as a contract evaluator in their capacity as an independent treating professional.

6.6.1. Contractor shall not work with psychometricians, students, or unlicensed trainees when providing services for the OCFMH.

6.7 Administrative Assistants

6.7.1 Contractors are permitted to utilize their own administrative assistants so long as the following criteria are met: 1) The administrative assistant must be employed by the contractor or the contractor's business entity, 2) the contractor’s or business entity’s professional liability insurance must cover the work completed by their administrative assistants (i.e., their business license must be associated with their contract), and 3) the administrative assistant must sign an additional confidentiality and business agreement with FSDV.

6.7.2 The contractor is not permitted to bill FSDV for any work completed by their administrative assistants.

6.7.3 The contractor is liable for all work completed by their administrative assistant, including handling of PHI.

6.7.4 The contractor’s administrative assistant’s work shall be limited to assistance with scheduling with defendants, invoicing FSDV, initiating correspondence with attorneys, drafting letters to courts, and obtaining collateral records.

6.7.5 The contractor's administrative assistants will be issued a state email address and shall only use state email for all FSDV related work. Use of personal email or the contractor’s non-state issued business email is strictly prohibited.

6.7.6 The contractor’s administrative assistant must be in compliance with the stipulations outlined in Section 6.5 of this document regarding confidentiality and records management.

EXHIBITS

Exhibit A.1 – CDHS/FSDV Code of Conduct Exhibit A.2 – CDHS Policy VI. 3.5 Workplace Violence Exhibit A.3 – CDHS Policy VI. 1.2 Preventing Sexual Harassment Exhibit A.4 – HIPAA Exhibit A.5 – CDOR Policy DOR-046 Anti-Fraud Exhibit A.6 – CIS Acceptable Use of State Data and IT Resources (AUP) Exhibit A.7 – CDHS FSDV Critical Incident Reporting and Review Exhibit A.8 – CDHS Forensic Evaluation Videoconferencing (Tele-Evaluations) Exhibit A.9 – CDHS Crisis During Evaluation Policy and Procedure Exhibit A.10 – CDHS Forensic Services Division Contractors: Court Services Evaluation Quality Assurance Auditing Exhibit A.11 – Quality Assurance Restoration Report Example Exhibit A.12 – Quality Assurance - Initial Competency Examination Example

Exhibit A.14 – OIT Statement of Compliance Access Request Form Exhibit A.15 – Retention of Protected Health Information Policy