Guardian Services RFR_1-2023 Final~1.docx

The Commonwealth of Massachusetts Executive Office of Health and Human Services

DEPARTMENT OF MENTAL HEALTH

Document Title: Guardianship Services Master Agreement Request For Response

COMMBUYS Bid#: BD-23-1022-DMH08-8210C-81963

DMH Document Number: 2023-DMH-3005-01

Date: January 4, 2023

Contact Name: Jerome Collins, Assistant Director Contract Administration, Audit and Systems

Address: Department of Mental Health Central Office 25 Staniford Street Boston, Ma 02114

Email: Jerome.Collins@mass.gov

Table of Contents

Attachments in the Bid’s COMMBUYS File Commonwealth of Massachusetts Standard Contract Form and Instructions, Contractor Certification and Commonwealth Terms and Conditions Contractor Authorized Signatory Listing DMH Business Reference Form Electronic Funds Transfer Sign-Up Form Guardianship Service Encounter Form MA Form W-9 Request for Taxpayer Identification Number and Certification OSD Instructions for Vendors Responding to Bids via COMMBUYS OSD RFR - Required Specifications for Commodities and Services RFR Cover Sheet Statement of Work (SOW) Sample

Guardianship Services (Master Agreement) Request for Response DMH Document #: 2023-DMH-3005-01 January 2023

SECTION 1 INTRODUCTION AND GENERAL DESCRIPTION

1.1 Issuing Entity/COMMBUYS

Issuing Entity: Department of Mental Health

Document Title: Guardianship Services Master Agreement Request For Response

DMH Document #: 2023-DMH-3005-01

Date: January 4, 2023

Contact Name: Jerome Collins, Assistant Director Contract Administration, Audit and Systems

Address: Department of Mental Health Central Office 25 Staniford Street Boston, Ma 02114

Email: Jerome.Collins@mass.gov

This Bid has been released on COMMBUYS. COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.COMMBUYS.com. For more information on COMMBUYS, please see OSD RFR - Required Specifications for Commodities and Services, included in the COMMBUYS file of this Bid.

Bidders may not alter (manually or electronically) the Bid language, or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms, and conditions, or which change the intent of this Bid are prohibited and may disqualify a Response/Quote.

A list of all attachments that were included in the RFR when it was issued is set forth at the end of the Table of Contents. The attachments are incorporated into the RFR by this reference. Bidders should review the attachments with care.

1.2 General Description of the Procurement

The Massachusetts Department of Mental Health (DMH) is seeking to establish a pool of individuals and non-profit corporations from which DMH can purchase guardianship and/or conservatorship services (hereinafter referred to collectively as Guardianship Services, unless otherwise indicated) for individuals receiving services from or paid for by DMH (Persons-Served). Persons-Served requiring Guardianship Services lack the capacity to make informed decisions with respect to the conduct of personal, medical and/or financial affairs, which create unreasonable risks to the health and/or welfare of the Persons-Served.

DMH will petition the appropriate court for the appointment of individuals and non-profit corporation selected from the pool to serve as is necessary as temporary and/or permanent, full, or limited, guardians or temporary and/or permanent conservators under M.G.L. c. 190B §V.

This service is needed for every county in the Commonwealth.

To qualify, a Bidder must meet the requirments set forth in Section 4 and be able to provide services as set forth in this Subsection 1.2 and Section 5.

This procurement is a “rolling” Request For Response (RFR). Responses may be submitted up to three months prior to the procurement end date of June 30, 2033. DMH reserves the right to accept submissions until procurement end date if such acceptance is in the best interest of the DMH and Persons-Served under its supervision. Responses will be reviewed, and contracts awarded on a rolling basis as set forth in Subsection 2.1. To be considered for the First Review and Contract Award Period, Responses need to be filed by the date and time specified in Subsection 2.1 for the First Review and Contract Award Period.

DMH will enter into a Master Agreement (MA) Contract with each individual and non-profit corporation determined to be qualified and the each will be included on the DMH Guardianship Services MA List (MA List) that will be maintained on COMMBUYS. The award of a Contract and placement on the MA List does not guarantee that DMH will make any referrals to a Contractor.

When DMH needs Guardianship Services for a Person-Served, it will make a referral to a Contractor on the MA List using the criteria set forth in Subsection 8.6; provided, however, that DMH retains the right to obtain Guardianship Services from resources other than those included on the MA List when it is in the best interest of the DMH do so. If the Contractor does not have a conflict and is available, DMH will file a petition with the Probate Court asking for the Contractor to be appointed a specified fiduciary by the Court. It will be necessary for the Contractor to sign a bond as part of this process. If appointed Guardian/Conservator, DMH will notify the Contractor of such and provide the Contractor with a copy of the appointment. In addition, DMH will enter a Statement of Work (SOW) with the Contractor. The SOW, at a minimum, will specify type of Guardianship Services to be provided; the name of the applicable Person-Served, Probate Court, and the DMH Legal Office handling the Guardian/Conservator case; the DMH Contact Person, if not the attorney handling the case; the maximum number of hours that can be billed; the maximum amount of expenses that can be incurred; and any special instructions related to services to be provided.

If necessary, a SOW may be amended and renewed, with the consent of both parties in writing. The duration of a SOW, however, cannot extend beyond the duration of the applicable Contractor’s Master Agreement Contract with DMH.

All work provided under a SOW will be subject to the terms of the SOW and the Master Agreement Contract entered into between DMH and the Contractor. The format of the SOW that DMH intends to use for this purposed is set forth in the Bid’s COMMBUYS file. DMH may change the format of the SOW as it determines necessary.

A Contractor shall not commence providing Guardianship Services until such time as they have be formally appointed by a Court and entered into a SOW that addresses the matter.

A separate SOW will need to be executed for each case a Contractor is assigned to by DMH under the Master Agreement.

1.3 Procurement Information

1.3.1 Applicable Procurement Law. Authorized legislation, M.G.L. c. 123; M.G.L. c. 190B. The applicable Activity Code is M02.

1.3.2 The Massachusetts Standard Contract Form and the Commonwealth Terms and Conditions. A Contract will be executed using the Massachusetts Standard Contract Form. This form is included in the Bid’s COMMBUYS File. The Commonwealth Terms and Conditions (TC) will be applicable to a Contract. See the Standard Contract Form Instructions, Contractor Certification and Commonwealth Terms and Conditions, in the Bid’s COMMBUYS file, for more information about the applicable Terms and Conditions. Also, a link to the TC can be found in the Commonwealth of Massachusetts - Standard Contract Form.

To be awarded a Contract, a Bidder must complete, sign, and submit the following forms to DMH upon request:

· Contractor Authorized Signatory Listing; note both pages are required, with the second page notarized)

· Completed Authorization for Electronic Funds Payment

· Massachusetts Form W-9

· Executed Standard Contract Form (with the Commonwealth Terms and Condition, being checked as being applicable).

1.3.3 Number of Awards. DMH expects to make multiple contract awards under this RFR.

1.3.4 Use of Procurement by a Single or Multiple Departments.

|X|

Limited User Contract – Restricted to Use by Issuing Entity Only.

1.3.5 Acquisition Method(s). The acquisition method for procurement is __X__ Fee For Service. Contractors will be paid on a per hour basis, see Subsection 6.1 for details. Expenses will be paid as set forth in Subsection 6.1.

DMH Reserves the right to change or add other types of reimbursement mechanisms throughout the duration of this RFR.

1.3.6 Expected Contract Duration. Anticipated initial duration of a Contract issued under this RFR is 10 years and 3 months if issued during the First Review and Contract Award Period. Contracts awarded after that Period are anticipated to have an initial duration effective from their start date (as specified in Subsection 8.4) until the end of the procurement, June 30, 2033.

All Contracts executed under this RFR, are subject to appropriations and the performance of the Contractors on an on-going basis.

1.3.7 Funding or Compensation For Expected Duration. The Contract is a rate contract and will NOT have a Maximum Obligation Amount

Federal funds MAY be used to fund part/all of Contract(s)

1.3.8 Ownership of Submitted Responses. All materials submitted by Bidders become the property of the Commonwealth and will not be returned to Bidders. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in any Response, whether the Bidder is determined to be qualified and awarded a contract under this RFR.

Responses stored on COMMBUYS in the encrypted lockbox are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, if they maintain an active account. Bidders should also retain a copy for their own files.

SECTION 2 PROCUREMENT TIMETABLE

2.1 Procurement Timetable

Date: January 18, 2023 Time: 3:00 p.m.

Otherwise, questions may be submitted at any time up to Date: February 28, 2033 Time: 3:00 p.m.

Subsequent Reviews and Contract Awards: After the First Review and Contract Award Period, answers to questions will be posted at least once every state fiscal quarter, if necessary.

Date: February 15, 2023 Time: 3:00 p.m.

Otherwise, Responses may be filed up to:

Date: March 31, 2033 Time: 3:00 p.m.

Other Award Periods: A Response filed at the First Review and Contract Award Period will be reviewed, at a minimum, within ninety (90) days of the Response being posted on COMMBUYS

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header on COMMBUYS, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

2.2 Written Questions Via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the DMH regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Procurement Calendar. DMH reserves the right not to respond to any questions asked, and/or submitted after this date. It is a Bidder’s responsibility to verify receipt of its questions.

Any questions submitted to DMH using any other medium (including those that are sent by mail, fax, email, or voicemail) may not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether their question has already been posted.

Bidders are responsible for entering content suitable for public viewing since all the questions are accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusory, or otherwise objectionable, including information about the Bidder or other Bidders. DMH reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

Also, it is the responsibility of prospective Bidders/Contractors to maintain active registrations in COMMBUYS; keep current the email addresses of their contact persons and prospective contract managers; and monitor that email inbox for communications from DMH including requests for clarification. DMH and the Commonwealth assume no responsibility if a prospective Bidder/Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder/Contractor’s computer, network, or internet service provider (ISP), cause email communications sent to/from the prospective Bidder/Contractor and DMH to be lost or rejected by any means, including email or spam filtering.

Locating Bid Q&A: To locate the Bid Q&A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

Generally, any other communications with DMH about the Bid are prohibited. See OSD RFR - Required Specifications For Commodities and Services, “Bidder Communication,” for more information. This document is included in the COMMBUYS file for this Bid.

2.3 RFR Amendment or Cancellation, No Award, Bidder’s Costs

DMH reserves the right to make amendments to the Bid after initial publication; including, but not limited to, closing the period for accepting Responses. It is a Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. DMH and the Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

DMH reserves the right to accept or reject any and all Responses received, to negotiate with any or all qualified Bidders and to cancel in part or in its entirety the RFR if it is in the best interest of DMH to do so.

This RFR does not commit DMH to award a Contract, to make referrals, or to pay any costs incurred in the preparation of a Bidder’s Response or in negotiating a Contract.

SECTION 3 DMH MISSION STATEMENT AND SERVICE PRINCIPLES

The Contractor is responsible for ensuring that the mission, values, and equity principles of DMH are adhered to in all Contract activities and by all staff members. DMH’s mission, vision and mission statements and equity principles are as follows:

Vision

Mental health is an essential part of health care. The Massachusetts Department of Mental Health, as the State Mental Health Authority, promotes mental health through early intervention, treatment, education, policy, and regulation so that all residents of the Commonwealth may live full and productive lives.

Mission Statement

The Department of Mental Health, as the State Mental Health Authority, assures and provides access to services and supports to meet the mental health needs of individuals of all ages, enabling them to live, work, and participate in their communities. The Department establishes standards to ensure effective and culturally competent care to promote recovery. The DMH sets policy, promotes self-determination, protects human rights, and supports mental health training and research. This critical mission is accomplished by working in partnership with other state agencies, individuals, families, Bidders, and communities.

Commitment to Race, Equity, and Inclusion

DMH is committed to being an anti-racist and socially just organization where all people are treated fairly, receive resources equitably, and feel valued and safe. This requires continuous effort to create meaningful and long-lasting change. This includes examination of policies, practices, and our contributions on an individual level to inequity. Accomplishing this goal is necessary to achieve DMH’s mission of assuring access and provision of services and supports to meet the mental health needs of all individuals.

Services are expected to share, demonstrate, and ensure this commitment to race, equity, and inclusion is being met in both the delivery of services and internal business practices. Since both have an impact on youth, families, and communities – directly or indirectly – both are expected to be given equal priority.

A commitment to ensuring race, equity, and inclusion includes, but is not limited to:

· addressing both the results and root causes of historical and systemic disparities

· providing physical and linguistic accessibility

· community outreach and engagement

· physically and emotionally welcoming, safe, and inclusive spaces

· fair representation, proactive consideration, and empowerment of historically marginalized communities

· continuous monitoring and evaluation of progress towards these goals

· transparent, accessible, and ongoing communication with stakeholders

· swift and appropriate responses to harm caused by discriminatory and/or inequitable treatment.

SECTION 4 BIDDERS REQUIREMENTS

Bidders must meet the requirements set forth in this Section when filing bids and if awarded contracts, as Contractors.

a. Corporation. If a Bidder is a Corporation, it must be a non-profit Corporation and be registered with the Secretary of the Commonwealth as a Non-Profit Corporation. The Corporation must have the ability to serve as guardian or conservator and to provide bond/surety on behalf of the corporation. The Corporation must be of sound financial condition as determined by DMH. DMH may request financial information from a Bidder/Contractor, at any time throughout the procurement, to determine if the Bidder/Contractor meets this standard.

b. Attorney or Another Licensed Professional. If the Bidder is a Massachusetts attorney or other licensed professional in a field related to health or mental health the Bidder must be in good standing with the applicable licensing board entity (e.g., Massachusetts Board of Bar Overseers).

c. Experience Guardianship Services. A Bidder must have experience providing Guardianship Services and be sufficiently knowledgeable about the laws of the Commonwealth of Massachusetts related to guardianship and conservatorship proceedings, including M.G.L. c. 190B, Article V. Two or more years of experience is preferred, but not required.

d. Experience with Service Population. A Bidder must have experience with working with individuals with serious mental illness.

e. Invoicing. A Bidders must be able to complete and submit the invoicing and reporting as required in Subsection 6.2.

f. Criminal Offender Record Information (CORI). Once an individual Bidder has been determined to be “otherwise qualified” for the position, the Bidder, if an individual, will be required to submit to a CORI check in compliance with Executive Office of Health and Human Services regulation 101 CMR 15.00. If at any time during the Contract, a Contractor’s CORI status changes, they must notify DMH immediately. Bidders that are corporations that are awarded contracts will be responsible for doing CORI checks in accordance with 101 CMR 15.00 on all employees who may work with Persons-Served in accordance with 101 CMR 15.00 and may only allow employees that meet the requirements of that regulation to work with directly with Persons-Served. If there are any changes of CORI status during the Contract, the Contractor must notify DMH.

g. Debarment. Bidders/Contractor must not be subject to a federal or Massachusetts debarment order. DMH cannot award a contract to a Bidder that is currently subject to a Massachusetts or Federal debarment order.

h. Insurance. As a contractor, the Bidder must secure and maintain Commercial General Liability Insurance including bodily injury and property damage or professional liability insurance (malpractice insurance). This insurance must provide coverage for all claims that may arise from performance of the Contract , whether by the Contractor or anyone directly or indirectly employed by the Contractor. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and Massachusetts under the resulting contract.

SECTION 5 SERVICE SPECIFICATIONS (Scope of Service)

When a Contractor agrees to serve as a guardian/conservator for a specific Person-Served who DMH has referred, DMH will file a petition in probate court to have the Contractor appointed as guardian/conservator. If appointed guardian/conservator, DMH and the Contractor will enter into a Statement of Work as described in Section 1.2 above. Upon the execution of the SOW, the Contractor may commence Guardianship Services for that particular Person-Served and start billing DMH for such services consistent with the terms of the Contract and SOW. The Contractor will be responsible for complying with all requirements of a fiduciary appointed by the Probate Court, including, but not limited to, the signing of bond, providing guardian reports and submitting accounts as applicable.

5.1 Guardianship

Contractors will be required to perform for each guardianship appointment, at a minimum, the following:

a. Meet with the Person-Served as needed and at least quarterly.

b. Attend Individual Service Plan (ISP), Community Service Plan (CSP) and related meetings, as needed, held by DMH or applicable DMH service providers regarding the Person-Served.

c. Respond promptly to correspondence and telephone calls from the Person-Served, their DMH case manager, if any, service provider(s), medical provider(s); others calling and writing regarding the Person-Served.

d. Respond promptly to all correspondence and telephone calls regarding the Person-Served, as needed; including but not limited to the from the DMH Legal Office responsible for the Guardianship case and the Probate Court.

e. Review the DMH records and other providers records of the Person-Served regularly and before the ISP/CSP meeting.

f. Be available and accessible to respond to emergencies as they may arise.

g. Be available and accessible for consultation and decision-making concerning medical, behavioral, day, residential and other services, as needed.

h. File timely guardianship care plan/reports (and Rogers Supplemental Report, if applicable) with the court as required by law, sixty-days after initial appointment and annually thereafter, or as otherwise ordered by the court.

i. If serving as Rogers Monitor, timely submit completed Rogers Monitor’s report to DMH in advance of expiration of court-approved Treatment Plan, in advance of the annual review hearing, or upon the request of the Department. See Section 6 regarding Rogers Monitors.

j. Notify the applicable DMH legal office promptly should the need arise for consideration of advanced-directives or end-of-life decision-making and prior to taking any such action on behalf of the Person-Served.

k. Notifying the applicable DMH legal office or any other significant changes of circumstances impacting the guardianship.

5.2 Conservatorship

Contractors shall be expected to perform for each conservatorship appointment made, at a minimum, the following:

a. Meet with the Person-Served as needed and at least quarterly.

b. Attend Individual Service Plan (ISP), Community Service Plan (CSP) and related meetings, as needed, held by DMH or applicable DMH service providers regarding the Person-Served.

c. Prepare and file Inventory and Annual Accounts with the Probate Court, as required by law.

d. Obtain Court approval of all Accounts on a regular basis.

e. Pay invoices for care and other bills in a timely manner and appropriately account for and manage the funds of the Person-Served.

f. Respond promptly to all correspondence and phone calls from the Person-Served, their case manager, service provider(s), medical provider, and others calling and writing regarding the person-served,

g. Respond promptly to all correspondence and telephone calls regarding the Person-Served, as needed; including but not limited to the from the DMH Legal Office responsible for the Guardianship case and the Probate Court.

h. Notify the applicable DMH legal office or any significant changes of circumstances impacting the conservatorship.

5.3 Additional Performance Requirements and Contract Monitoring

a. Conflicts of Interest. A Contractor may not accept a referral form DMH if the Contractor is related to the Person-Served for whom the referral is made or has a financial interest in any matter involving the Person-Served or the Person-Served resources. When responding to such a referral, a Contractor must notify DMH of the conflict. If a conflict arises after Guardianship Services have begun, the Contractor shall notify DMH immediately upon becoming aware of a conflict.

b. Regulations and Policies. A Contractor is required to follow applicable DMH regulations, policies and procedures, this shall include the procedures of DMH facilities when applicable. Regulations 104 CMR 28.00 and 29.00. are not applicable to these services. The Contractor is also responsible for following applicable policies and procedures of the Executive Office of Health and Human Services and Mass Health and all requirements imposed by the Probate Court.

c. Fiduciary Responsibilities. If the conduct of a Contractor falls below that expected of a fiduciary, as determined by DMH or the Probate Court, DMH reserves the right to initiate actions to remove the Contractor from all fiduciary appointments under the Contract and terminate the Contract.

d. Transition.

· It is understood that if a family member, a volunteer, or another professional better suited to serve the needs of a person-served by DMH is identified and willing to serve as the guardian and/or conservator of person-served, the applicable Contractor then serving as guardian/conservator shall work with a DMH representative to transfer guardianship/conservatorship to the identified person.

· A guardian/conservator appointed pursuant to this contract issued under this RFR must also work with DMH to transfer or relinquish guardianship/conservatorship if there is a demonstrated lack of cooperation among co-guardians/co-conservators, there has been a substantial change of circumstances warranting a change to the guardianship/conservatorship, or it is determined that the person-served has regained capacity and is no longer in need of a guardian/conservator.

e. Meetings with DMH. A Contractor must participate in meetings as requested by DMH. These meetings may include, but are not limited to, the following topics: Contract compliance; Contract performance and/or quality improvement.

SECTION 6 FISCAL SPECIFICATIONS

6.1 Compensation

Compensation for Guardianship Services will be at the rate of $60.00 per hour effective April 1, 2023, subject to change during the life of this procurement. In addition, the Contractor will be reimbursed for travel time, travel expenses and other reasonable expenses, as outlined below. Compensation is subject to the following billing rules and the proper filing of invoices as set forth in Subsection 6.2:

a. Number of Guardianship Hours. Hours of Guardianship Services cannot exceed to 20 hours per Person-Served per State Fiscal Year except with the written pre-approval from the DMH. The complexity of the case will be considered in making this determination.

b. Travel Time. This time will be allowed as stated in the applicable SOW. Contractors will be paid for travel time at half of the rate established for Guardianship Services. Initially, the travel time will be $30.00 per hour, based on the $60 per hour Guardianship Service rate. Travel time will NOT be counted in determining if the 20 hour limit set forth in Subsection 6.1.a, above has been exceeded. Travel Time cannot exceed $200 per Persons Served per State Fiscal Year, without the prior written approval of DMH.

c. Mileage and Ancillary Costs. To the extent authorized in the applicable SOW (both as to type and amount) a Contractor may be compensated for mileage and ancillary costs as described in this Subsection. Contractors will be reimbursed for mileage at the mileage rate paid by the Commonwealth to its employees for mileage that is in effect at the time of the applicable travel. Ancillary costs include postage, copying, court costs, parking, and tolls. Travel and Ancillary costs cannot exceed $150.00 per Person-Served during a State Fiscal Year, without the prior written approval of DMH. Contractors must maintain records (including receipts) of all mileage and ancillary costs for which reimbursement will be sought from DMH and they must be made available for DMH upon request.

d. Expenses or costs eligible for payment or reimbursement by the Probate Court. A Contractor shall not be entitled to payment for services provided or for reimbursement of any fees, expenses or other costs that are eligible for payment or reimbursement by the Probate Court in connection with monitoring of court approved treatment plans (Rogers monitoring).

e. Compensation only for Services Provided After Appointment. A Contractor shall not be paid, or reimbursement of any services rendered or expenses or other costs prior to being appointed as guardian or conservator (or temporary guardian/temporary conservator) by the court, without prior approval from DMH.

f. Electronic payment. Successful Bidders, upon notification of contract award, must enroll in the Commonwealth Electronic Funds Transfer Program (EFT) Direct Deposit).

6.2 Invoicing

a. Quarterly Billing. Contractors must invoice DMH quarterly for Guardianship Services provided. Invoicing must be submitted by the 10th day of the start a state fiscal quarter for the Guardianship Services provided in the previous quarter (i.e., the 10th day of October, January, April, and July). Invoices for any fiscal year filed after September 1 of the following fiscal year will not be paid by DMH unless the DMH General Counsel or designee, in their discretion, determines there were extenuating circumstance. A separate invoice must be submitted for each SOW that a Contractor hold under their Contract with DMH.

b. Invoices. A Payment Voucher Form must be used for this purpose, and it must be submitted with a completed Guardianship Service Verification Form. A copy of this Form is included in the Bid’s COMMBUYS file. The Form serves as documentation of services that were provided, dates of service, duration and related travel mileage and ancillary expense.

Invoices are to be sent to DMH to the following address, unless otherwise directed by DMH: DMH_CO_Vendor_Billing_and_Contracts@MassMail.State.MA.US

SECTION 7 HOW TO FILE A RESPONSE, RESPONSE FORMAT AND REQUIREMENTS

7.1 On-Line Response

Responses must be submitted through COMMBUYS. This requirement might be waived by the Department for guardians appointed by the courts.

There is no charge to register in COMMBUYS. To Register go to www.COMMBUYS.com and click on the “Register” link on the front page. To register, go to www.COMMBUYS.com and click on the “register” link on the front page. A Bidder awarded a Contract under this RFR, if any, must maintain an active seller account during the duration of its Contract, by reviewing their registration information regularly and maintaining its accuracy. See the “COMMBUYS Registration” section in the exhibit OSD RFR - Required Specifications for Purchase of Service, for more information.

All Bidders are advised to allow adequate time for submission by considering potential online submission impediments. DMH is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record. DMH recommends that Quotes be submitted early. Changes to your quotes can be made by withdrawing using the “Withdraw Quote” button offered under the Summary tab of a submitted quote.

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

7.1.2 File Format and Naming Convention. DMH requires all Response attachments that are uploaded in COMMBUYS include in the file name the company name of the Bidder( or last name of individual), the DMH RFR number and the name of the document, i.e., Company Name_RFR Number_Doc Name. Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper.

7.2 Response Format

The response must be in the following format:

· type-written 12-point Times New Roman font

· 8 ½ X 11-inch paper

· fully justified (print fully abuts both margins)

· one-inch margins

· single-spaced

· page numbers at bottom of each page.

The Bidder provides the information asked for in the order it is asked. The title of information that is asked for, as set forth in the RFR, shall be inserted before each response. Response must be limited to five (5) pages in length. The RFR Cover Page and anything that is asked for as an attachment shall not be counted in determining if the page limit has been exceeded.

A Bidder should provide a response that (1) demonstrates the Bidder’s understanding of the RFR requirements; (2) is clear and specific as to how the Bidder will meet the requirements specified in the RFR; and (3) appropriately addresses each request for information.

7.3 Response Requirements

Bidders must submit the following documents and information to support their qualifications under this RFR:

a. RFR Cover Page. The Bidder must complete the RFR Cover Page that is included in the Bid’s COMMBUYS File. It must be signed by the individual submitting the bid, or if the Bidder is a Corporation, it must be signed by an authorized signatory of the corporation.

b. Bidder Profile. If the Bidder is an individual, attach a current resume.

If the Bidder is a non-profit corporation, describe the non-profit corporation including, but not limited to, mission, size (number of employees; average annual revenue in the last five years), primary revenue sources, date of incorporation, areas of expertise, and location. Attach a certified copy of the Articles of Incorporation. Attach documentation supporting that the corporation is of Sound Fiscal Condition. This could include proof that the Bidder is qualified by the Executive Office of Health and Human Services (EOHHS) to contract for human and social services: a credit report; Financial statements for the last three years audited by a certified public accountant, or similar documents. If the corporation intends to designate certain staff to perform Guardianship Services under the contract, attach copies of each such person(s) resume(s).

c. Guardianship Services Experience. Provide a description of the Bidder’s experience and qualifications to provide the services described in Section 5. Also describe how the Bidder meets the experience requirements set forth in Section 4. Provide details and indicate whether the Bidder is currently approved by the Probate Court to serve as a Category H Rogers Monitor. Describe The Bidder’s experience interest in with working with individuals with serious mental illness.

d. Experience with Service Population. Describe the Bidder’s experience with working with individuals with serious mental illness. Describe The Bidder’s experience interest in with working with individuals with serious mental illness.

a. Implementation. Describe how the Bidder intends to implement the activities and requirements specified in Section 5. Describe factors that the Bidder will use in determining when a referral will not be accepted. Indicate what you believe are potential issues and barriers that could arise while delivering services and how they can be timely addressed. The description needs to reflect an understanding of DMH’s statutes and regulations, including M.G.L c. 19, G.L. 123 and 104 CMR 25.00 et. seq and DMH’s policies; Massachusetts’ guardianship and conservator proceedings, including, M.G.L. c. 190B, Article V. Also indicate your ability to completing the invoicing described in Subsection 6.2.

e. Attorney or Another Licensed Professional. If the Bidder is a Massachusetts attorney or other licensed professional in a field related to health or mental health the Bidder must submit a copy of their Massachusetts Bar card or license and a written and signed statement by the Bidder stating that they are a member of good standing with the. applicable licensing board entity (e.g., Massachusetts Board of Bar Overseers).

f. Letters of Recommendation. Attach three letters of recommendation addressing Bidder’s character and qualifications to serve as guardians or conservators for persons with mental illness.

g. Race, Equity, and Inclusion. Describe how the Bidder can help facilitate DMH’s Race, Equity and Inclusion goals as set forth in Section 3.

h. Other. Please provide any other information you think might be helpful to DMH in evaluating your response. Please indicate if you have any special skills or other requirements that may be helpful such as a second language; unusual expertise, past contact with DMH, etc.

7.4 Number of Bid Responses

A Bidder may only file one response at a time. If a response is rejected or if a Bidder is determined not to be qualified, a Bidder may file a subsequent response if different form previous responses that were filed. The differences made must be summarized in the RFR Cover Page. If the differences are not summarized in the RFR Cover Page, the response may be rejected. A Bidder cannot file more than 2 responses in any state fiscal year; provided, however, that DMH may waive this requirement if it determines it is in the best interest of the Department to so.

SECTION 8 REVIEW, QUALIFICATION AND CONTRACT PROCESS

8.1.1 Determination of Qualified Bidders

8.1.1 Review Team(s). The Awarding Authority for this procurement is DMH General Council, or designee. A review team appointed by the Awarding Authority will review Responses. Responses, at a minimum, will be reviewed within ninety (90) days of the Responses being posted on COMMBUYS. A review team will consist of a minimum of two (2) individuals. The review Team may be DMH employees; other state employees; Persons-Served by DMH or their family members; and/or other interested parties. Members of the review team may change over the duration of the RFR, and the Awarding Authority may elect to appoint more than review team for the purpose of reviewing Responses.

The review team will make a recommendation as to the qualification of a Bidder to the Awarding Authority based on the criteria set forth in Subsection 8.1.2. The Awarding Authority may disagree with the recommendation of team. If so, the Awarding Authority must document why. The decision to award or not award a Contract is the decision of the Awarding Authority.

8.1.2 Review. Qualifications of each Bidders will be evaluated based on the following:

a. The quality and quantity of their demonstrated experience as a guardian/conservator of a person with disabilities.

b. Their demonstrated familiarity with DMH’s statutes and regulations, including M.G.L c. 19, G.L. 123 and 104 CMR 25.00 et. seq and DMH’s policies.

c. Their demonstrated familiarity with the laws of the Commonwealth of Massachusetts related to guardianship and conservator proceedings, including, M.G.L. c. 190B, Article V.

d. Their demonstrated familiarity with and/or interest in the field of serious mental illness.

e. Whether they meet the requirements of Section 4.

f. Whether their letters of recommendations (including information obtained from contacting references and others known to DMH) are relevant to the RFR; support the Bidder’s response and the Bidder’s ability to successfully preform the serves described in the RFR.

g. Whether their plans for implementation are reasonable, comprehensive and reflect an understanding of the requirements set forth in Sections 5 and the potential issues and barriers that could arise in in the delivery of services.

h. Whether it is reasonable to believe the Bidders will be able to meet the requirements set forth in Subsection 1.2 and Section 5 when preforming services under a Contract.

To be determined “Otherwise Qualified” a Bidder must satisfy all the applicable RFR requirements as indicated above. If the Bidder’s response has any weaknesses, they must be minor and correctable. Thereafter to be awarded a contract, the Bidder must then meet the following requirements:

1. If an Individual, the Bidder must submit to a CORI check and meet the requirements set forth in 101 CMR 15.00. A corporation will be responsible under the Contract to do a CORI check on all individuals preforming Guardianship Services in accordance with 101 CMR 15.00.

2. The Bidder must have

· A Massachusetts Vendor Code;

· The necessary insurance required by item 8 of Section 4

3. The Bidder must complete and submit the following when requested by DMH:

· Executed Commonwealth of Massachusetts Standard Contract Form.

· Executed Massachusetts Form W-9.

· Contractor Authorized Signatory Listing. Note: Both pages are required, with the second page notarized.

· Authorization for Electronic Funds Payment.

8.1.3 Notification. A Bidder will be notified in writing of the Qualification review and the contract award decision.

8.2 Rejection of Responses

A Review Team and/or the Awarding Authority may disqualify any Response that they deem unresponsive. A Response may be rejected as being unresponsive if:

· The Bidder’s response does not meet the Submission requirements set forth in Section 7 or the provider’s requirements set forth in Section 4; or

· DMH determines, in its discretion, that the Bidder has any interest that may conflict with the performance of services under the RFR.

8.3 New Responses

If a Bidder’s Response is rejected, or if a Bidder is determined not to be qualified, a Bidder may submit a new Response; provided, however, that some revision or change has been made and the Bidder attaches to the Response Cover Sheet a summary (one (1) page maximum) of the changes or revisions that were made. A prov is limited to submitting two (2) Responses in any State fiscal year. This limitation may be waived by the Awarding Authority in his/her discretion.

8.4 Contract

A Contract awarded under the RFR will, at a minimum, consist of the following:

· The RFR, including all attachments;

· Bidder’s Response to the RFR;

· The Commonwealth Standard Contract form that incorporates the Commonwealth Terms and Conditions;

· Other terms and conditions which both parties (DMH and Contractor) agree upon. These terms and conditions must be in writing; and

· Any SOWs executed by the parties.

Contracts awarded during the first Review and Contract Award Period are expected to have a contract date of April 1, 2023. In accordance with the Massachusetts Terms and Conditions a contract will be effective as of the date the Contract has been executed by an authorized signatory of the Contractor, the Department, a later date specified in the Contract, or the date of any approvals required by law or regulation, whichever is later. A SOW will be effective when will be effective when executed by an authorized signatory of the Contractor and the Department or a later date specified in the SOW.

8.5 Master Agreement List

Qualified Bidders who enter into a Master Agreement Contract with DMH will be included in the DMH Master Agreement list for Guardianship Services that will be maintained on COMMBUYS.

8.6 Selection for Referrals

Referrals made by DMH to Contractors will be based on need, location, the preferences, and requirements of the Person-Served, DMH staff and Court preferences, past performance, Contractor’s experience, and special skills, if any and availability.

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