HSS25033-DRUG_COURT-rfp.docx

Delaware Health and Social Services

Division of Substance Abuse and Mental Health d

Delaware Health and Social Services

Division of Substance Abuse and Mental Health d

REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES

Drug Court Diversion Services ISSUED BY Division of Substance Abuse and Mental Health

HSS-25-033

Contents:

Appendix A – Minimum Mandatory Submission Requirements Appendix B – Scope of Work and Technical Requirements Appendix C – Budget Workbook Appendix D – Templates/Sample Agreements Professional Services Agreement HIPAA Business Associate Agreement DTI Terms & Conditions

** Ctrl+Click on the headings above will take you directly to the section.

I. Overview The State of Delaware Department of Health and Social Services, seeks professional services to provide assessment, psycho-education, case management, referrals, counseling, interventions and urine drug screen services to individuals entered into the Superior Court and/or Court of Common Pleas Drug Court diversion programs. This request for proposals (“RFP”) is issued pursuant to 29 Del. C. §§ 6981 and 6982.

The proposed schedule of events subject to the RFP is outlined below:

Public Notice March 3, 2025

Deadline for Questions March 17, 2025

Response to Questions Posted by: March 31, 2025

Deadline for Receipt of Proposals April 30, 2025 at 1:00 PM EST

Estimated Notification of Award May 30, 2025

Each proposal must be accompanied by a transmittal letter which briefly summarizes the proposing firm’s interest in providing the required professional services. The transmittal letter must also clearly state and justify any exceptions to the requirements of the RFP which the applicant may have taken in presenting the proposal. (Applicant exceptions must also be recorded on Attachment 3).

Furthermore, the transmittal letter must attest to the fact, at a minimum, that the Vendor shall not store or transfer non-public State of Delaware data outside of the United States. For technology related solicitations, Vendors may refer to the Delaware Department of Technology and Information identified terms and conditions included in this solicitation.

The State of Delaware reserves the right to deny any and all exceptions taken to the RFP requirements.

MANDATORY PREBID MEETING

A mandatory pre-bid meeting has not been established for this Request for Proposal.

II. Scope of Services

Drug Court Diversion programs will be expected to provide the following core services:

A. Screening and Engagement:

Agency staff will be present in court at the entry hearing to complete an initial screening with potential participants. Consent and release of information forms must be signed at this time and an orientation appointment scheduled within five business days of the client’s formal entry into diversion.

B. Assessment:

An assessment must be completed on all diversion clients. the contractor may wish to use a risk assessment instrument that assists in determining clients with high and low needs, and high and low risk. Applicant must identify the proposed assessment tool to be utilized and its understanding/agreement of moving to a DSAMH specified assessment tool during the course of this contract

In addition to this, Use of the Columbia- Suicide Severity Rating Scale (C-SSRS) Is strongly encouraged. Please see the following link for more information:

https://suicidepreventionlifeline.org/wp-content/uploads/2016/09/Suicide-Risk-Assessment-C-SSRS-Lifeline-Version-2014.pdf

Currently, assessments must be scheduled and completed within five business days of orientation. Reports must be submitted to Court within 5 business days of the assessment UNLESS the Court determines it needs to be submitted sooner. The proposal should outline how this will be tracked and reported to DSAMH on a monthly basis.

In the event that a diversion client needs a higher level of care at any time during his/her participation in the diversion program, ASAM Patient Placement Criteria must be used to determine the appropriate level of care. DSAMH Eligibility and Enrollment Unit (EEU) approval must be obtained when required by DSAMH procedures.

C. Case Management:

Every client will be assigned a case manager who will be his/her primary contact person throughout his/her stay with the agency. Duties of the case manager will include:

· Develop an individualized plan of services based on the information obtained at the screening and assessment. The plan will be updated regularly as the client progresses through the program.

· Meet individually with clients on his/her caseload each month prior to the client’s court status conference.

· Assure that clients attend the psycho-education sessions as required by the Drug Court Diversion program protocols.

· Conduct psycho-educational groups as assigned by program administrators.

· Provide brief, individual counseling to clients as needed. NOTE: Clients who need on-going individual or group counseling should be referred and linked to a DSAMH funded outpatient treatment program, or a higher level of care when warranted.

· Assure that clients who need additional services or higher levels of care receive those services.

· Provide the court liaison with updated, accurate information to be included in the progress reports to the courts.

· Apply rewards and sanctions in accordance with the program’s protocols, and in collaboration with the Drug Court Judge in order to incentivize success and compliance and to deter non-compliance.

· Assure that drug testing is completed on a random basis and that reports are provided to the court in a timely manner.

Applicants must clearly describe the caseload size for each case manager.

D. Psycho-Education:

Psycho-education groups will be the core component of the Drug Court Diversion program services for most clients. When necessary, Motivational Interviewing, with fidelity, must be used. Bidders will propose the evidence based psycho-educational groups they will use. Program length, curricula, modules, group size etc.… should all be incorporated into the proposal. The proposal must also outline how program success will be achieved and how this will be tracked and reported to DSAMH (on quarterly basis).

Peer Specialists (people with the experience of being in recovery from SUD) are strongly suggested to be included in the applicant’s workforce plan. Furthermore, implementing A certification plan and routine training schedule for all peer specialists is strongly encouraged.

E. Court Status Conferences and Reports to the Court:

(1) Clients will be scheduled to appear in court to update the Judge on progress or lack thereof on a regularly scheduled basis throughout the duration of the Drug Court Diversion program.

(2) The Drug Court Diversion Program requires providers to submit reports to the court (time frame to be determined by the Judicial Officer) prior to the client’s court appearance for:

· Regularly scheduled status conferences

· Special status conferences scheduled because of non-compliance, need to make a significant change in the level of care, etc.

These reports must be prepared in the stipulated format agreed to by each court and submitted within the timeframe and at the frequency expected by each court

An agency liaison will attend all status conferences to answer questions that the Judge or Commissioner may have regarding client progress, the status reports and urine testing results. The liaison will be responsible to accurately present recommendations for sanction, reward, program completion or termination to the Judge or Commissioner. The liaison will also be responsible for ongoing communication with the Attorney General, Public Defender or private counsel and TASC. Therefore, in their response to this RFP, applicants must describe the process they will employ to assure that court liaisons have knowledge of every case on the calendar for each state conference.

F. Drug Testing:

The Drug Court Diversion Program requires participants to submit to randomly scheduled drug tests on a weekly basis. Drug testing must meet the requirements as directed by the specified court.

Providers will incorporate the costs of urine/drug screening into their proposals. It should include the costs for oral swabs as needed, as well as specialized testing. The results of the drug testing must be available for the Court and incorporated into any electronic health care record for the program and in concert with DSAMH.

Applicants must include any expected costs to meet these requirements in the proposed budget submitted in response to this RFP.

NOTE: Providers will also be required to submit Consumer Reporting Forms (CRF) to the DSAMH MIS Office within the stipulated monthly timeframes on admission, transfer and discharge of clients from their Drug Court Diversion Program.

G. Language Accessibility:

The provider must demonstrate that they have access to the requisite language resources for individuals assigned to their program who do not speak English.

H. Peer Involvement:

DSAMH expects that organizations fully incorporate peers into program operations. The proposal will need to identify how the organization is utilizing peers in this program.

(1) Subcontractors

The use of subcontractors will NOT be permitted for this project.

I. Required Elements for DSAMH contracted Treatment providers:

The applicant is expected to comply with DSAMH policies regarding

a. Provision of Culturally and Linguistically Appropriate Services:

b. Discharge from Treatment

c. Trauma Informed Care

d. DTRN

e. Critical Incident Reporting

All Policies can be found at the following website:

DSAMH Contracted Provider Policies and DSAMH Interpretative Guidelines - Delaware Health and Social Services - State of Delaware

Accessibility - The applicant will annually submit a data analysis and a subsequent Performance Improvement Program to insure there are no access, engagement or treatment barriers across all demographic categories.

J. Funding:

DSAMH will enter into a cost reimbursement contract with the successful applicant(s) to provide the range of services stipulated in this RFP for the first contract period. It is expected that the services obtained as a result of this RFP will increase throughout the course of the project.

Treatment services will be based on a fee for service rate structure further defined in the business proposal requirements of this RFP.

· DSAMH will consider awarding services to more than one Contractor.

· Payments made will adhere to the State of Delaware, Office of Management and Budget, Budget and Accounting Manual. https://budget.delaware.gov/accounting-manual/index.shtml.

· The contractor(s) shall submit financial data as requested in Appendix C-Fiscal Requirements. For the purposes of a Request for Proposal (RFP) only, a cost proposal shall be submitted with all other requested items as identified within the RFP and this Scope of Work (SOW).

· Payments for services in compliance with contractual requirements and services outlined in this SOW will be made on a cost-reimbursement.

· Contractor(s) are required to register and provide updated information as required to System for Award Management. Information about System for Award Management can be found at: https://www.sam.gov/.

· Contractor(s) shall acknowledge DSAMH, as a funding source in all publicity pertaining to this Scope of Work.

K. Prohibited Activities:

· Vehicles may not be purchased under this contract (depends on project)

· Computer system purchases including electronic health record software (only if federal dollars used)

· Brick and mortar or other capital costs or fixed assets (e.g. new building, renovations) (depends on project and source of funds)

· Add any unallowable costs based on grant used for funding. Also, if budget workbook instructions not used—add in unallowable costs from that document.

· Unallowable costs as indicated in Budget Workbook Instructions (Appendix C of RFP)

L. General Requirements for Invoicing and Reporting:

All invoices, reports, documents provided in response to an audit, and any documentation provided to DSAMH pursuant to any contractual obligation as set forth herein, including any chart or compilation of information, report, or other document produced by the Contractor(s) for presentment to DSAMH shall contain, in a prominently displayed location, the following written attestation:

“I hereby certify that the information reported herein is true, accurate, and complete. I understand that these reports are made in support of claims for government funds.”

M. Invoicing Requirements:

· Contractor(s) shall submit one monthly financial invoice by the 10th of every month for the costs incurred during the preceding month. All invoices must be sent via Secure File Transfer Protocol (see Section on Data Submission) or via encrypted email to dsamhbusinessoperations@delaware.gov

· Contractor(s) must comply with invoice submission requirements and all financial requirements as identified during contract negotiations and outlined in Appendix C of the executed contract.

· The purpose of each invoice shall be to assist in the cost of operating one or more of the sites identified in the Contractor’s Work Plan (Appendix C of Contract) in accordance with minimum legal standards, as applicable. Expenses must be invoiced in specific cost categories as outlined in the Contract Budget (Appendix C of Contract / RFP).

· Contractor(s) shall not be reimbursed for costs that exceed a budget cost category by more than 10% of the contract budget without written approval from the assigned Contract Manager.

· Contractor(s) shall maintain backup to support all amounts.

· Contractor(s) must submit a monthly financial invoice for every month in the contract period. Contractor(s) must not deplete their entire allocation prior to the expiration of the contract period.

Contractor will submit all wait list information in compliance to the Division of Substance Abuse and Mental Health’s Wait List Policy as established.

N. Consumer Report Form (CRF):

All Contracted Providers are required to submit CRF data for all publicly funded clients served. That would include all Medicaid, Medicare and DSAMH funded clients.

· Performance outcomes will be measured through submission of the Consumer Reporting Form (CRF). DSAMH’s Research, Evaluation and Population Health (REPH) Bureau maintains all CRF submission information and requirements at http://dhss.delaware.gov/dhss/dsamh/cpfrms.html. The Division reserves the right to update the website at the Division’s discretion, and if updated, will notify the Contractor. The Contractor is responsible for complying with any updates and/or changes. For any CRF inquiries please email DSAMH_SRU@delaware.gov

· The Contractor shall implement policies and procedures for ensuring the complete, accurate and timely submission of encounter data (CRF) for all services for which Contractor has incurred any financial liability, whether directly or through subcontracts or other arrangements. Encounter data shall include data elements specified in DSAMH’s most recent requirements related to CRF data reporting. The Contractor must comply with: completing all data elements as defined; reporting deadlines; and format submission requirements. Contractor shall have in place mechanisms, including edits and reporting systems sufficient to assure encounter data transfer is complete and accurate prior to submission to DSAMH. Contractor shall upload encounter data to DSAMH REPH by the 10th business day of each month in the form and manner specified at http://dhss.delaware.gov/dhss/dsamh/cpfrms.html related to data reporting.

· Upon written notice by DSAMH that the encounter data (CRF) has not been uploaded, is incomplete or has not met the 95% threshold for error rate, the Contractor shall ensure that corrected data is transferred within the ten (10) business days of receipt of DSAMH notification. Upon Contractor’s written request, DSAMH may provide a written extension for submission of corrected encounter data.

· If encounter data (CRF) is not transferred after DSAMH has notified the contractor that the data is incomplete or does not meet the 95% error threshold, invoice payment for services will be withheld until the required CRFs are submitted with an accuracy rate of 95%.

· Contractors with Electronic Health Record system will be given ninety (90) days advance notice of any changes for required data collection.

Data Submission

· All providers submitting electronic data are required to use the state’s Secure File Transfer Protocol (SFTP) site. Providers who are not able to install the SFTP software must submit a request to use other reporting methods. Other reporting methods include encrypted message or hand carried. The request must clearly explain the provider’s inability to use the SFTP site. Contact the DSAMH REPH Bureau for information on creating an account and any other questions or concerns about data reporting requirements.

· Data submission elements will be specified in the scope of work for each contract.

· To accomplish this several authorization forms need to be completed and returned to the DSAMH REPH Bureau. In addition, SFTP client software is required to be installed on your computer for the file transfer. This software is available free on the Internet.

· The following links contain instructions necessary for setting up the software and authorization forms.

· Secure File Transfer Memorandum of Agreement http://dhss.delaware.gov/dhss/dms/irm/files/sftpmoa01292010.pdf

· Secure File Transfer User Procedures http://dhss.delaware.gov/dhss/dms/irm/files/sftpuserprocedures_20120611.pdf

· DHSS SFTP Quick Start Guide http://dhss.delaware.gov/dhss/dms/irm/files/sftpquickstartguide06112012.pdf

· Biggs Data Center Non-Disclosure Form http://www.dhss.delaware.gov/dhss/dms/files/irmnon-d02072013.pdf

· DTI State Information Transport Network (SITN) Acceptable Use Policy http://dti.delaware.gov/pdfs/pp/AcceptableUsePolicy.pdf

· Providers requiring access to the SFTP site must identify an organizational point of contact and list all employees who will require site access. The Provider will maintain the accuracy of the list providing updates to DSAMH as changes occur.

O. Performance Measurements:

The Division of Substance Abuse and Mental Health (DSAMH) and its providers are responsible for developing and providing a person-centered, recovery-oriented system of care for the consumers. Services provided are expected to be trauma-informed and equipped to working with consumers with co-occurring disorders, including those with histories of trauma. These fundamental principles are inherent and expected in each scope of service. Every aspect of working with consumers, including: the role of peers, screening, assessment, treatment planning, service provision, case management, social service and other, must be sensitive to these core principles. Contract monitoring and DSAMH’s quality assurance activities will be geared toward assuring these core principles are in place. It is DSAMH’s intentions to design (when not present) and institute performance based contracts operationalizing these and other principles.

1. DSAMH has the right to conduct any on-site evaluation and monitoring of the Vendor’s activity at any time.

2. The extension of the service period of the contract is based on, but not limited to, the past performance of the Vendor and availability of funds.

3. The determination of performance shall be based on, but not limited to, considerations of the following factors:

Performance Objective

Assessment

P. SERVICE PERIOD

· Service period is one contract year. Service period will be determined upon contract negotiation year with four (4) optional extensions for a period of one (1) year for each extension. Extensions will be contingent upon the availability of appropriated funds, needs of the Department/Division, and performance of the Contractor(s) (see section Performance Measurements).

· Contractor(s) shall submit a Work Plan and costing and pricing data (Budget Workbook) annually to DSAMH before it will exercise an option to extend the contract.

III. Required Information The following information shall be provided in each proposal in the order listed below. Failure to respond to any request for information within this proposal may result in rejection of the proposal at the sole discretion of the State.

A. Minimum Requirements

1. Provide Delaware license(s) and/or certification(s) necessary to perform services as identified in the scope of work.

Prior to the execution of an award document, the successful Vendor shall either furnish the Agency with proof of State of Delaware Business Licensure or initiate the process of application where required.

2. Vendor shall provide responses to the Request for Proposal (RFP) scope of work and clearly identify capabilities as presented in the General Evaluation Requirements below.

3. Complete all appropriate attachments and forms as identified within the RFP.

4. Proof of insurance and amount of insurance shall be furnished to the Agency prior to the start of the contract period and shall be no less than as identified in the bid solicitation, Section V, Item G, subsection 8 (insurance).

B. General Evaluation Requirements

1. Experience and Reputation

2. Expertise (for the particular project under consideration)

3. Capacity to meet requirements (size, financial condition, etc.)

4. Location (geographical)

5. Demonstrated ability

6. Sustainability

7. Documentation and Reporting Capacity

IV. Professional Services RFP Administrative Information A. RFP Issuance

1. Public Notice Public notice has been provided in accordance with 29 Del. C. § 6981.

2. Obtaining Copies of the RFP This RFP is available in electronic form through the State of Delaware Procurement website at www.bids.delaware.gov and on Bonfire at https://dhss.bonfirehub.com.

Paper copies of this RFP will not be available.

3. Assistance to Vendors with a Disability Vendors with a disability may receive accommodation regarding the means of communicating this RFP or participating in the procurement process. For more information, contact the Designated Contact no later than ten days prior to the deadline for receipt of proposals.

4. RFP Designated Contact All requests, questions, or other communications about this RFP shall be made through Bonfire at https://dhss.bonfirehub.com.

Communications made to other State of Delaware personnel or attempting to ask questions by phone or in person will not be allowed or recognized as valid and may disqualify the vendor.

Vendors should rely only on information posted at https://dhss.bonfirehub.com.

The RFP designated contact is:

Adeyeye Awope RFP Coordinator State of Delaware Adeyeye.Awope@delaware.com

Contracts, Management and Procurement Contact:

Eddie Mui Management Analyst III DHSS_DMS_dmsprocure@delaware.gov

5. Consultants and Legal Counsel The State of Delaware may retain consultants or legal counsel to assist in the review and evaluation of this RFP and the vendors’ responses. Bidders shall not contact the State’s consultant or legal counsel on any matter related to the RFP.

6. Contact with State Employees Direct contact with State of Delaware employees other than the State of Delaware Designated Contact regarding this RFP is expressly prohibited without prior consent. Vendors directly contacting State of Delaware employees risk elimination of their proposal from further consideration. Exceptions exist only for organizations currently doing business in the State who require contact in the normal course of doing that business.

7. Organizations Ineligible to Bid Any individual, business, organization, corporation, consortium, partnership, joint venture, or any other entity including subcontractors currently debarred or suspended is ineligible to bid. Any entity ineligible to conduct business in the State of Delaware for any reason is ineligible to respond to the RFP.

8. Exclusions The Proposal Evaluation Team reserves the right to refuse to consider any proposal from a vendor who:

a. Has been convicted for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract:

b. Has been convicted under State or Federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty that currently and seriously e responsibility as a State contractor:

c. Has been convicted or has had a civil judgment entered for a violation under State or Federal antitrust statutes:

d. Has violated contract provisions such as;

(1) Known failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

(2) Failure to perform or unsatisfactory performance in accordance with terms of one or more contracts;

e. Has violated ethical standards set out in law or regulation; and

f. Any other cause listed in regulations of the State of Delaware determined to be serious and compelling as to affect responsibility as a State contractor, including suspension or debarment by another governmental entity for a cause listed in the regulations.

B. RFP Submissions

1. Acknowledgement of Understanding of Terms By submitting a bid, each vendor shall be deemed to acknowledge that it has carefully read all sections of this RFP, including all forms, schedules and exhibits hereto, and has fully informed itself as to all existing conditions and limitations.

2. Proposals To be considered, all proposals must be submitted in through Bonfire at https://dhss.bonfirehub.com/ and respond to the items outlined in this RFP.

The State reserves the right to reject any non-responsive or non-conforming proposals.

Responses submitted by hard copy, mail, facsimile, or e-mail will not be accepted.

All proposals must be submitted prior to 1:00 PM EST on April 30, 2025.

PROPOSAL REQUIREMENTS

Important Notes:

· Logging in and/or uploading the file(s) does not mean the response is submitted. Users must successfully upload all the file(s) and MUST click the submit button before the proposal due date and time.

· Users will receive an email confirmation receipt with a unique confirmation number once the submission has been finalized. This will confirm that the proposal has been submitted successfully.

· Each submitted item of Requested Information will only become visible to DHSS after the proposal due date and time.

· If the file is mandatory, you will not be able to complete your submission until the requirement is met.

· Uploading large documents may take significant time depending on the size of the file(s) and your Internet connection speed. The maximum upload file size is 1000 MB.

· Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox. Java Script must be enabled.

· Notarizations are no longer required.

Need Help? Please contact Bonfire directly at Support@GoBonfire.com or 1(800)354-8010 ext. 2 for technical questions or issues related to your submission. You can also visit their help forum at https://bonfirehub.zendesk.com/hc.

Any proposal submitted after the Deadline for Receipt of Proposals date will not be accepted. The contents of any proposal shall not be disclosed as to be made available to competing entities during the negotiation process.

Upon receipt of vendor proposals, each vendor shall be presumed to be thoroughly familiar with all specifications and requirements of this RFP. The failure or omission to examine any form, instrument or document shall in no way relieve vendors from any obligation in respect to this RFP.

3. Proposal Modifications Any changes, amendments or modifications to a proposal must be submitted through Bonfire prior to the proposal due date. Changes, amendments or modifications to proposals shall not be accepted or considered after the hour and date specified as the deadline for submission of proposals.

4. Proposal Costs and Expenses The State of Delaware will not pay any costs incurred by any Vendor associated with any aspect of responding to this solicitation, including proposal preparation, printing or delivery, attendance at vendor’s conference, system demonstrations or negotiation process.

5. Proposal Expiration Date Prices quoted in the proposal shall remain fixed and binding on the bidder at least through 9/30/26. The State of Delaware reserves the right to ask for an extension of time if needed.

6. Late Proposals Proposals submitted after the specified date and time will not be accepted by the Bonfire Portal. Evaluation of the proposals is expected to begin shortly after the proposal due date. To document compliance with the deadline, the proposal will be date and time stamped upon receipt by Bonfire.

7. Proposal Opening The State of Delaware will receive proposals via Bonfire until the date and time shown in this RFP. Proposals will be opened in the presence of State of Delaware personnel.

There will be no public opening of proposals, but a public log will be kept of the names of all vendor organizations that submitted proposals. The contents of any proposal shall not be disclosed in accordance with Executive Order # 31 and Title 29, Delaware Code, Chapter 100.

8. Non-Conforming Proposals Non-conforming proposals will not be considered. Non-conforming proposals are defined as those that do not meet the requirements of this RFP. The determination of whether an RFP requirement is substantive, or a mere formality shall reside solely within the State of Delaware.

9. Concise Proposals The State of Delaware discourages overly lengthy and costly proposals. It is the desire that proposals be prepared in a straightforward and concise manner. Unnecessarily elaborate brochures or other promotional materials beyond those sufficient to present a complete and effective proposal are not desired. The State of Delaware’s interest is in the quality and responsiveness of the proposal.

10. Realistic Proposals It is the expectation of the State of Delaware that vendors can fully satisfy the obligations of the proposal in the manner and timeframe defined within the proposal. Proposals must be realistic and must represent the best estimate of time, materials and other costs including the impact of inflation and any economic or other factors that are reasonably predictable.

The State of Delaware shall bear no responsibility or increase obligation for a vendor’s failure to accurately estimate the costs or resources required to meet the obligations defined in the proposal.

11. Confidentiality of Documents The State of Delaware and its constituent agencies are required to comply with the State of Delaware Freedom of Information Act, 29 Del. C. § 10001, et seq. (“FOIA”). FOIA requires that the State of Delaware’s records are public records (unless otherwise declared by FOIA or other law to be exempt from disclosure) and are subject to inspection and copying by any person upon a written request. All proposals are subject to FOIA’s public disclosure obligations.

The State of Delaware wishes to create a business-friendly environment and procurement process. As such, the State respects the vendor community’s desire to protect its intellectual property, trade secrets, and confidential business information (collectively referred to herein as “confidential business information”). Proposals must contain sufficient information to be evaluated. If a vendor feels that they cannot submit their proposal without including confidential business information, they must adhere to the following procedure, or their proposal may be deemed unresponsive, may not be recommended for selection, and any applicable protection for the vendor’s confidential business information may be lost.

In order to allow the State to assess its ability to protect a vendor’s confidential business information, vendors will be permitted to designate appropriate portions of their proposal as confidential business information.

Vendor(s) may submit portions of a proposal considered to be confidential business information in separate file(s) identified as “Confidential Business Information” and include the specific RFP number. The file must contain a letter from the vendor’s legal counsel describing the documents in the file, representing in good faith that the information in each document is not “public record” as defined by 29 Del. C. § 10002, and briefly stating the reasons that each document meets the said definitions.

Upon receipt of a proposal accompanied by such separate file(s), the State of Delaware will open the file to determine whether the procedure described above has been followed. A vendor’s allegation as to its confidential business information shall not be binding on the State. The State shall independently determine the validity of any vendor designation as set forth in this section. Any vendor submitting a proposal or using the procedures discussed herein expressly accepts the State’s absolute right and duty to independently assess the legal and factual validity of any information designated as confidential business information. Accordingly, vendor(s) assume the risk that confidential business information included in a proposal may enter the public domain.

12. Multi-Vendor Solutions (Joint Ventures) Multi-vendor solutions (joint ventures) will be allowed only if one of the venture partners is designated as the “prime contractor”. The “prime contractor” must be the joint venture’s contact point for the State of Delaware and be responsible for the joint venture’s performance under the contract, including all project management, legal and financial responsibility for the implementation of all vendor systems. If a joint venture is proposed, a copy of the joint venture agreement clearly describing the responsibilities of the partners must be submitted with the proposal. Services specified in the proposal shall not be subcontracted without prior written approval by the State of Delaware, and approval of a request to subcontract shall not in any way relieve Vendor of responsibility for the professional and technical accuracy and adequacy of the work. Further, vendor shall be and remain liable for all damages to the State of Delaware caused by negligent performance or non-performance of work by its subcontractor or its sub-subcontractor.

Multi-vendor proposals must be a consolidated response with all cost included in the cost summary. Where necessary, RFP response pages are to be duplicated for each vendor.

a. Primary Vendor The State of Delaware expects to negotiate and contract with only one “prime vendor”. The State of Delaware will not accept any proposals that reflect an equal teaming arrangement or from vendors who are co-bidding on this RFP. The prime vendor will be responsible for the management of all subcontractors.

Any contract that may result from this RFP shall specify that the prime vendor is solely responsible for fulfillment of any contract with the State as a result of this procurement. The State will make contract payments only to the awarded vendor. Payments to any-subcontractors are the sole responsibility of the prime vendor (awarded vendor).

Nothing in this section shall prohibit the State of Delaware from the full exercise of its options under Section IV.B.18 regarding multiple source contracting.

b. Sub-contracting The vendor selected shall be solely responsible for contractual performance and management of all subcontract relationships. This contract allows subcontracting assignments; however, vendors assume all responsibility for work quality, delivery, installation, maintenance, and any supporting services required by a subcontractor.

Use of subcontractors must be clearly explained in the proposal, and major subcontractors must be identified by name. The prime vendor shall be wholly responsible for the entire contract performance whether or not subcontractors are used. Any sub-contractors must be approved by State of Delaware.

c. Multiple Proposals A primary vendor may not participate in more than one proposal in any form. Sub-contracting vendors may participate in multiple joint venture proposals.

13. Sub-Contracting The vendor selected shall be solely responsible for contractual performance and management of all subcontract relationships. This contract allows subcontracting assignments; however, vendors assume all responsibility for work quality, delivery, installation, maintenance, and any supporting services required by a subcontractor.

Use of subcontractors must be clearly explained in the proposal, and subcontractors must be identified by name. Any sub-contractors must be approved by State of Delaware.

14. Discrepancies and Omissions Vendor is fully responsible for the completeness and accuracy of their proposal, and for examining this RFP and all addenda. Failure to do so will be at the sole risk of vendor. Should vendor find discrepancies, omissions, unclear or ambiguous intent or meaning, or should any questions arise concerning this RFP, vendor shall notify the State of Delaware’s Designated Contact, in writing, of such findings at least ten (10) days before the proposal opening. This will allow issuance of any necessary addenda. It will also help prevent the opening of a defective proposal and exposure of vendor’s proposal upon which award could not be made. All unresolved issues should be addressed in the proposal.

Protests based on any omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of the Designated Contact, in writing, at least ten (10) calendar days prior to the time set for opening of the proposals.

15. RFP Question and Answer Process The State of Delaware will allow written requests for clarification of the RFP.

Questions must be submitted before the due date identified in the Procurement Schedule for this RFP. All inquiries must be submitted in the Q/A section of the project listing in the Bonfire Procurement Portal (https://dhss.bonfirehub.com).

The Department’s response to questions will be posted, according to the procurement schedule, under the project listing in Bonfire and to the State of Delaware Bid Solicitation Directory Website: http://www.bids.delaware.gov/ .

To contact Delaware Health and Social Services or ask questions in relation to this RFP, respondents must register with the Organization’s public purchasing portal at https://dhss.bonfirehub.com (the “Portal”) and initiate the communication electronically through the Opportunity Q&A. Delaware Health and Social Services will not accept any respondent’s communications by any other means, except as specifically stated in this RFP.

16. State’s Right to Reject Proposals The State of Delaware reserves the right to accept or reject any or all proposals or any part of any proposal, to waive defects, technicalities or any specifications (whether they be in the State of Delaware’s specifications or vendor’s response), to sit and act as sole judge of the merit and qualifications of each product offered, or to solicit new proposals on the same project or on a modified project which may include portions of the originally proposed project as the State of Delaware may deem necessary in the best interest of the State of Delaware.

17. State’s Right to Cancel Solicitation The State of Delaware reserves the right to cancel this solicitation at any time during the procurement process, for any reason or for no reason. The State of Delaware makes no commitments expressed or implied, that this process will result in a business transaction with any vendor.

This RFP does not constitute an offer by the State of Delaware. Vendor’s participation in this process may result in the State of Delaware selecting your organization to engage in further discussions and negotiations toward execution of a contract. The commencement of such negotiations does not, however, signify a commitment by the State of Delaware to execute a contract nor to continue negotiations. The State of Delaware may terminate negotiations at any time and for any reason, or for no reason.

18. State’s Right to Award Multiple Source Contracting Pursuant to 29 Del. C. § 6986, the State of Delaware may award a contract for a particular professional service to two or more vendors if the agency head makes a determination that such an award is in the best interest of the State of Delaware.

19. Potential Contract Overlap Vendors shall be advised that the State, at its sole discretion, shall retain the right to solicit for goods and/or services as required by its agencies and as it serves the best interest of the State. As needs are identified, there may exist instances where contract deliverables, and/or goods or services to be solicited and subsequently awarded, overlap previous awards. The State reserves the right to reject any or all bids in whole or in part, to make partial awards, to award to multiple vendors during the same period, to award by types, on a zone-by-zone basis or on an item-by-item or lump sum basis item by item, or lump sum total, whichever may be most advantageous to the State of Delaware.

20. Supplemental Solicitation The State reserves the right to advertise a supplemental solicitation during the term of the Agreement if deemed in the best interest of the State.

21. Notification of Withdrawal of Proposal Vendor may modify or withdraw its proposal by written request, provided that both proposal and request is received by the State of Delaware prior to the proposal due date. Proposals may be re-submitted in accordance with the proposal due date in order to be considered further.

Proposals become the property of the State of Delaware at the proposal submission deadline. All proposals received are considered firm offers at that time.

22. Revisions to the RFP If it becomes necessary to revise any part of the RFP, an addendum will be posted on the State of Delaware’s website at www.bids.delaware.gov and (https://dhss.bonfirehub.com. The State of Delaware is not bound by any statement related to this RFP made by any State of Delaware employee, contractor or its agents.

23. Exceptions to the RFP Any exceptions to the RFP, or the State of Delaware’s terms and conditions, must be recorded on Attachment 3. Acceptance of exceptions is within the sole discretion of the evaluation committee.

24. Business References Provide at least three (3) business references consisting of current or previous customers of similar scope and value using Attachment 5. Include business name, mailing address, contact name and phone number, number of years doing business with, and type of work performed. Personal references cannot be considered.

25. Award of Contract The final award of a contract is subject to approval by the State of Delaware. The State of Delaware has the sole right to select the successful vendor(s) for award, to reject any proposal as unsatisfactory or non-responsive, to award a contract to other than the lowest priced proposal, to award multiple contracts, or not to award a contract, as a result of this RFP.

Notice in writing to a vendor of the acceptance of its proposal by the State of Delaware and the subsequent full execution of a written contract will constitute a contract, and no vendor will acquire any legal or equitable rights or privileges until the occurrence of both such events.

a. RFP Award Notifications After reviews of the evaluation committee report and its recommendation, and once the contract terms and conditions have been finalized, the State of Delaware will award the contract.

The contract shall be awarded to the vendor whose proposal is most advantageous, taking into consideration the evaluation factors set forth in the RFP.

It should be explicitly noted that the State of Delaware is not obligated to award the contract to the vendor who submits the lowest bid or the vendor who receives the highest total point score, rather the contract will be awarded to the vendor whose proposal is the most advantageous to the State of Delaware. The award is subject to the appropriate State of Delaware approvals.

After a final selection is made, the winning vendor will be invited to negotiate a contract with the State of Delaware; remaining vendors will be notified in writing of their selection status.

26. Cooperatives Vendors, who have been awarded similar contracts through a competitive bidding process with a cooperative, are welcome to submit the cooperative pricing for this solicitation. State of Delaware terms will take precedence.

C. RFP Evaluation Process An evaluation team composed of representatives of the State of Delaware will evaluate proposals on a variety of quantitative criteria. Neither the lowest price nor highest scoring proposal will necessarily be selected.

The State of Delaware reserves full discretion to determine the competence and responsibility, professionally and/or financially, of vendors. Vendors are to provide in a timely manner any and all information that the State of Delaware may deem necessary to make a decision.

1. Proposal Evaluation Team The Proposal Evaluation Team shall be comprised of representatives of the State of Delaware. The Team shall determine which vendors meet the minimum requirements pursuant to selection criteria of the RFP and procedures established in 29 Del. C. §§ 6981 and 6982. Professional services for this solicitation are considered under 29 Del. C. § 6982(b). The Team may negotiate with one or more vendors during the same period and may, at its discretion, terminate negotiations with any or all vendors. The Team shall make a recommendation regarding the award to the Division of Substance Abuse and Mental Health, Division Director who shall have final authority, subject to the provisions of this RFP and 29 Del. C. § 6982(b), to award a contract to the successful vendor in the best interests of the State of Delaware.

2. Proposal Selection Criteria The Proposal Evaluation Team shall assign up to the maximum number of points for each Evaluation Item to each of the proposing vendor’s proposals. All assignments of points shall be at the sole discretion of the Proposal Evaluation Team.

The proposals shall contain the essential information on which the award decision shall be made. The information required to be submitted in response to this RFP has been determined by the State of Delaware to be essential for use by the Team in the bid evaluation and award process. Therefore, all instructions contained in this RFP shall be met in order to qualify as a responsive and responsible contractor and participate in the Proposal Evaluation Team’s consideration for award. Proposals which do not meet or comply with the instructions of this RFP may be considered non-conforming and deemed non-responsive and subject to disqualification at the sole discretion of the Team.

The Team reserves the right to:

· Select for contract or for negotiations a proposal other than that with lowest costs.

· Reject any and all proposals or portions of proposals received in response to this RFP or to make no award or issue a new RFP.

· Waive or modify any information, irregularity, or inconsistency in proposals received.

· Request modification to proposals from any or all vendors during the contract review and negotiation.

· Negotiate any aspect of the proposal with any vendor and negotiate with more than one vendor at the same time.

· Select more than one vendor pursuant to 29 Del. C. § 6986.

Criteria Weight All proposals shall be evaluated using the same criteria and scoring process. The following criteria shall be used by the Evaluation Team to evaluate proposals:

Experience:

The qualifications and experience of the organization and persons to be assigned to the project.

References and/or Letters of Support should be included including the completion of the Business References referenced in Attachment 6, and a complete List of Contracts in the State of Delaware Form referenced in Attachment 9.

In addition to these attachments, scoring will be based on the content in the responses to the questions in…