Guardianship 2019_restated January 2024.docx

The Commonwealth of Massachusetts Department of Developmental Services Central Office

Address: 1000 Washington Street Suite 410 Boston, MA 02118

Contact Name: Elise Kopley

Email: DDSPOSProcurement@mass.gov

Request for Response (RFR)

Document Title: Guardianship Services

COMMBUYS BID Number: BD-18-1023-1023C-1023L-23006

DDS RFR Document Identifier: Guard-2019

Restated: January 2024

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering. To register go to www.COMMBUYS.com.

This BID requires the submission of electronic quotes. All Bidders are advised to allow adequate time for submission of their quotes by considering potential online impediments like Internet traffic, Internet connection speed, file size, and file volume. The Department of Developmental Services (DDS) 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

1.1 Procurement Scope and Description:

The purpose of this RFR is to solicit interested and qualified individuals and non-profit corporations to serve as guardians and/or conservators for individuals receiving services from DDS whose lack of capacity to make informed decisions with respect to the conduct of personal and financial affairs creates an unreasonable risk to the individual’s health or welfare. There are individuals who are eligible for DDS services or who have been determined eligible for the ABI and MFP Waivers and identified as in need of guardianship services in every county of the Commonwealth. The Department is seeking responses from individuals and non-profit corporations whom the Department can propose for court appointment to serve as temporary and/or permanent, full or limited guardians and, temporary and/or permanent conservators under M.G.L. c. 190B §V.

This procurement is a “rolling” RFR. Responses may be submitted up to three months prior to the end date of the contract period. The Department reserves the right to accept submissions until the end of the contract period if such acceptance is in the best interest of the Department and individuals under its supervision.

1.2 Applicable Procurement Law

Executive Branch Goods and Services

1.3 Whether Single or Multiple Contractors Are Required For Contract(s):

Check One (“X”):

1.4 Calendar Rule Type:

1.5 Acquisition Method:

1.6 Use of Procurement by a Single or Multiple Departments:

The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

1.7 Expected Duration of Contract:

Anticipated Initial Duration up to: 10 year(s)

Anticipated Renewal Options: 0 options to renew for 0 year(s) each option

Final End Date of this Contract: June 30, 2028

1.8 Anticipated Expenditures, Funding or Compensation For Expected Duration Estimated Value of Procurement (Including Anticipated Renewal Options): $9 Million

Amount: Approximately $900,000 per year

Check One (“X”):

Compensation for guardianship and/or conservatorship services, as set forth in Section 2.0 below, will be at the rate of $60.00 per hour effective July 1, 2019, subject to change during the life of this procurement. Hours per year are not to exceed 20 hours for each guardianship appointment made (except with pre-approval from DDS) plus reasonable expenses as outlined in Section 4.0. The Bidder may be paid for additional hours should a particular case be more complex; provided however that the Bidder obtains prior approval from the DDS Regional Office. Travel time shall be identified as such by the Bidder and shall be paid using the following calculation: Total miles traveled/50 = # X ($60 hourly rate)/2) = Travel pay. For example: Bidder traveled 116 miles and is paid $60/hour, (116/50) = 2.32 x $30 ($60/2) = $69.60. Travel pay will be paid to compensate the Bidder for time spent traveling as necessitated by their cases and shall be included in the total 20 hours referenced above. Bidders shall receive travel reimbursement outlined in Section 4.0 in addition to being paid for their travel time.

Will Federal Funds be used to fund any part of Contract(s)?

Funds Balance Forward Requirement for Trust and Federal Accounts Only: Any funds designated in the budget that are unspent in any fiscal year will not be available for expenditure in the subsequent fiscal year.

2.0 Specifications (Scope of Service)

The Department is seeking responses from individuals and non-profit corporations whom the Department can propose for court appointment to serve as temporary and or permanent, full or limited guardians and temporary and/or permanent conservators under M.G.L. c. 190B §V.

Qualified Bidders shall be expected to perform for each guardianship appointment made, at a minimum, the following:

1) Attend ISP and related meetings, as needed;

2) Meet with the individual at least quarterly;

3) Respond promptly to letters and telephone calls from the individual, his/her service coordinator and others calling and writing regarding the individual;

4) Respond promptly to all correspondence regarding the individual, as needed;

5) Review the individual’s records regularly and before the ISP meeting;

6) Be available and accessible to respond to emergencies as they arise;

7) Be available and accessible for consultation and decision-making concerning medical, behavioral, day, residential and other services, as needed;

8) 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; and

9) If serving as Rogers Monitor, timely submit completed Rogers Monitor’s report to DDS in advance of expiration of court-approved Treatment Plan, in advance of the annual review hearing, or upon the request of the Department.

10) Notify DDS regional 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 individual.

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

1) Attend ISP and related meetings;

2) Meet with the individual at least quarterly;

3) File Inventory and Annual Accounts with the Probate Court, as otherwise required by law;

4) Pay invoices for care and other bills in a timely manner and appropriately manage the individual’s funds; and

5) Respond promptly to letters and phone calls from the individual’s service coordinator and others calling and writing regarding the individual.

3.0 Performance Requirements and Contract Monitoring

Bidders are required to follow the regulations and policies of DDS or those Mass Health policies applicable to waiver participants in the ABI and MFP Waivers, as well as all requirements imposed by law and the Probate Court once appointed a guardian. Bidders agree to uphold standards to promote dignity, including the right to privacy. Bidders shall not expose an individual, on Bidder’s social media or otherwise, by photograph, film, video, interview, likeness, or other means.

If the conduct of a guardian receiving reimbursement under this contract should fall below that expected of a fiduciary, the Department reserves the right to initiate actions to remove that individual from all other fiduciary appointments under this contract at the Department’s and the Court’s discretion.

It is understood that if a suitable family member, a suitable volunteer, or another professional better suited to serve the particular needs of the individual served by the Department, is identified and willing to serve as a particular individual’s guardian, the guardian receiving reimbursement under this contract shall work with a DDS representative to transfer guardianship to that person. Any guardian appointed pursuant to this contract also agrees to work with a DDS representative to transfer or relinquish guardianship if there is a demonstrated lack of cooperation among co-guardians or there has been a substantial change of circumstances warranting a change to the guardianship. Any guardian appointed pursuant to this contract also agrees to work with a DDS representative to transfer or relinquish guardianship if a conflict on interest exists or the appearance of conflict of interests exists that may impact professional judgement or duties.

4.0 Contract Invoicing:

Awarded Contractors will submit invoices to the Department at least quarterly. Invoices must include a detailed accounting of services provided for approval by the Department. A Guardianship Service Encounter Form is posted on COMMBUYS with this RFR. Completion of the Guardianship Service Encounter Form, and submission with a Payment Voucher, is encouraged as the Form serves as documentation of services that were provided, dates of service and duration.

Invoices submitted for services that cover more than a six-month period will require approval by DDS Central Contracts Office before the Regional Office can process payment. Requests for payment received by the Department after the cut-off date (close of accounts payable) for the prior fiscal year will not be paid.

Successful bidders shall not be entitled to reimbursement of any fees, expenses or other costs prior to being appointed as guardian or conservator (or temporary guardian/temporary conservator) by the court, without prior approval from DDS.

In addition to the hourly rate(s), the Department will consider the following costs for reimbursement:

1) Transportation: Reimbursed at mileage rate paid by the Commonwealth, in effect at the time of invoicing.

2) Ancillary costs including but not limited to: Postage, Copying, Court Costs, Parking and Tolls.

A Bidder may not begin services or incur any obligation in any form until a Standard Contract Form with any supplements thereto has been signed by representatives of DDS and the Bidder.

Successful bidders, upon notification of contract award, will be required to enroll in EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Payment Form to this department for review, approval and forwarding to the Office of the Comptroller. If the bidder is already enrolled in the program, it may so indicate in its response. Because the Authorization for Electronic Funds Payment Form contains banking information, this form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

5.0 Evaluation Criteria:

The DDS Procurement Management Team will evaluate Responses submitted by Bidders using the Criteria set forth herein.

A. Qualifications of bidders will be evaluated based on the following:

1) Demonstrated experience as an advocate for or guardian of a person with disabilities;

2) Familiarity with DDS’ statutes and regulations, including G.L .c 19B, G.L. 123B and 115 CMR 1.00 et. seq and the Department’s policies;

3) Familiarity with Mass Health policies related to the ABI and MFP Waivers;

4) Familiarity with the laws of the Commonwealth of Massachusetts related to guardianship proceedings, including, G.L. c. 190B, Article V;

5) Familiarity with and/or interest in the field of developmental or intellectual disability, or with populations eligible for services under the ABI and MFP Waivers; and

6) If a corporation, ability to serve as guardian and authority to sign a bond on behalf of the corporate entity.

B. The Procurement Management Team (PMT) will review and evaluate all proposals in detail and make recommendations for selection in the following manner:

a. Bidder’s history and/or experience, training, level of interest in protecting the rights of persons with developmental or intellectual disability, or with populations eligible for services under the ABI and MFP Waivers;

b. Bidder’s past performance (if applicable); and

c. References, including information obtained from contact with previous and current clients

C. Qualified bidders shall sign a Master Agreement contract with DDS. DDS staff will choose the best match for each case from individuals and providers that have signed a Master Agreement Contract. There is no guarantee how often a guardian will be called, therefore it will be helpful to include information in the response to this RFR regarding special skills, second language, unusual expertise, past contact with DDS etc. Prior to the start of each fiscal year, the Regional Office will communicate with vendors providing guardianship the number of hours approved for fiscal year and any additional billing guidance, timelines, etc.

Further responsiveness is to be determined by among other things, comparing the responses to the requested information in the RFR.

6.0 Original Procurement Calendar

Deadline for Questions and Answers All Questions must be received via email to DDS procurement email address: DDSPOSProcurement@state.ma.us The department reserves the right not to respond to questions submitted after this date. All Questions with answers will be posted on COMMBUYS by February 6th Tuesday, January 30 at 5:00

The BID opening date (Submission Date of Response for guardians wishing to contract with the Department as of July 1, 2018) All responses to be submitted electronically using the online submission tools available to active COMMBUYS account holders. See section 7.2 Monday, March 5, 2018

Bidder’s Conference: A Bidders Conference will not be held.

Deadline Date & Time: Applications will be accepted on a rolling basis until April 30, 2028. Proposals received after the BID Opening Date noted above will be reviewed on a quarterly basis unless the Department determines that an earlier review period is necessary.

A provider may not begin providing guardianship services or incurring any costs the Department will be asked to cover, until the awardee and an authorized signatory of the Department have signed the standard contract form. The Department is processing the standard contract form electronically. Bidders should not upload a signed contract form with their proposal.

7.0 Requirements/Instructions for Submission of Responses

7.1 Submission Requirements:

A. Bidders must submit the following documents to support their qualifications under this RFR:

1) A resume, if an individual or if an individual serving as a guardian for a corporation;

2) If applicable, a description of the non-profit corporation including, but not limited to its size, date of non-profit incorporation, areas of expertise, and location. A certified copy of the Articles of Incorporation must be submitted. If the non-profit corporation intends to designate certain staff to perform guardianship services under the contract, a copy of the resume(s) of each such person(s) must be submitted;

3) A description of experience and qualifications to provide the services required by this RFR, including indicating whether the applicant is currently approved by the Probate and Family Court to serve as a Category H Rogers Monitor;

4) Three letters of recommendation addressing Bidder’s character and qualifications to serve as fiduciary for a person with developmental disability, intellectual disability, or with populations eligible for services under the ABI and MFP Waivers.

B. All Bidders are required to complete and return a response that provides details as specified below:

· Responses shall include a description of how the Bidder intends to implement the activities and requirements specified in section A above.

· If Bidder is a corporation, it must also include a brief history of the organization that details its expertise and abilities to provide the requested activities in section A. above.

C. A signed cover memo, (signed by an authorized signatory of the organization if the Bidder is a corporation), must accompany the submission.

Once an applicant has been determined to be “otherwise qualified” for the position, s/he will be required to submit to a CORI check (see attached “Information for Job Applicants Criminal Offender Record Information (CORI)”) as well as National Background Check and fingerprinting pursuant to Chapter 234 of the Acts of 2014. If the vendor/individual does not have a Vendor Customer Code, forms to establish this code will be emailed to an “otherwise qualified” provider to complete and submit electronically.

Once a vendor/individual is qualified, the Department will send electronically a completed standard contract form to sign and return.

7.2 Submission Instructions

A Bidder must submit their response as follows:

· Electronic Response: An electronic response must be submitted through COMMBUYS. This requirement might be waived by the Department for guardians appointed by the courts.

All responses to be submitted electronically using the online submission tools available to Vendors registered in COMMBUYS. 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.

All Bidders are advised to allow adequate time for submission by considering potential online submission impediments. DDS 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. DDS 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.

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.

File Format and Naming Conventions 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, unless otherwise specified. Attachments must be uploaded individually and cannot be combined in a zipped file.

Public Records All information, documents, and attachments submitted as a response to this RFQ are considered a public document subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Please be aware that checking the “confidential” box in COMMBUYS does not bar these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.

Amendments to BID The Department reserves the right to make amendments to the Bid after the initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid. DDS and the Commonwealth accept 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.

Supplier Diversity Program (SDP): The Supplier Diversity Program (formerly known as Affirmative Market Program) was established in September, 2010 via Executive Order 524 to promote equality in the state contracting market by ensuring full participation of minority and women owned business enterprises (M/WBEs) in all areas of state contracting including construction, design, goods and services. The Executive Order consolidates the State Office of Minority and Women Assistance (SOMWBA) and Affirmative Market Program (AMP) into a new Supplier Diversity Office (SDO) that is part of the Operational Services Division. Similarly, Executive Order 546 established the Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) Program to encourage the participation of businesses owned and controlled by service-disabled veterans in all areas of state procurement and contracting, thereby including them in the SDP. The essence of both Executive Orders is to provide policies to promote the award of state contracts in a manner that develops and strengthens certified Minority and Women Business Enterprises (M/WBEs) and Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), because a diverse business community strengthens the economy and is beneficial to all of the citizens of the state.

Guardians who receive significant annual funding from the Department may be required to report spending with Certified Supplier Diversity Partners.

8.0 RFR Attachments:

The forms listed in the COMMBUYS with this RFR must be submitted with your response where indicated.

9.0 COMMBUYS Support

The following resources are provided to assist Bidders in submitting Quotes:

· A link to a job aid on How to Submit a Quote on COMMBUYS Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

Email: Send inquiries to the Helpdesk at OSDHELPDESK@MASS.GOV Telephone: Call the OSD Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

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