IFB 1255 Psychiatric Services for Various Facilities

New York State

Office of Children and Family Services Division of Juvenile Justice and Opportunities for Youth

INVITATION FOR BIDS

IFB 1255

Psychiatric Services for Various Facilities

CALENDAR OF EVENTS

EVENT DATE

IFB issued 7/20/2026

Deadline for submission of written questions 7/29/2026 by 4:00 p.m. Eastern Time

Responses to written questions posted (on or about) 8/5/2026

Deadline for submission of bids 8/19/2026 by 4:00 p.m. Eastern Time

Anticipated contract start date No earlier than 10/1/2026 and no later than 12/1/2026

DESIGNATED CONTACT:

Pursuant to State Finance Law §§ 139-j and 139-k, the New York State Office of Children and Family Services (hereinafter referred to as “OCFS”) identifies the following designated contact to whom all communications attempting to influence OCFS’s conduct or decision regarding this procurement must be made: funding@ocfs.ny.gov.

PERMISSIBLE SUBJECT MATTER CONTACT:

Pursuant to State Finance Law § 139-j(3)(a), OCFS identifies the following allowable person to contact for communications related to the submission of bids, written questions, pre-bid questions, and debriefings: funding@ocfs.ny.gov.

KATHY HOCHUL

Governor

DAMIA HARRIS-MADDEN, Ed.D., MBA, M.S.

Commissioner mailto:funding@ocfs.ny.gov

Table of Contents

1.0 GENERAL INFORMATION

1.1 Overview

1.2 Term of Contract

1.3 Restricted Period

1.4 Questions and Amendments

2.0 SPECIFICATIONS

2.1 Eligible Bidders

2.2 Product/Service Specifications

2.3 Delivery

2.4 Security Procedures

2.5 Warranty (if commodity purchase)

2.6 Transition

2.7 Subcontracting

3.0 BID SUBMISSION

3.1 Instructions for Bid Submission

3.2 Packaging of IFB Response

4.0 ADMINISTRATIVE INFORMATION

4.1 Method of Award

4.2 Price

4.3 Method of Payment

4.4 Contractor Responsibilities

4.5 OCFS Reserved Rights

4.6 Incurred Costs

4.7 Security, Nondisclosure, and Confidentiality Agreement

4.8 Executive Orders

4.9 Minority- and Women-owned Business Enterprises (MWBE) – Equal

Employment Opportunity (EEO) - Requirements & Procedures

4.10 Service-Disabled Veteran-Owned Business (SDVOB)

4.11 Contractor Responsibility

4.12 Multiagency Use

4.13 Vendor Responsibility Requirements

4.14 Insurance Requirements

4.14.1 Workers’ Compensation Law

4.14.2 Professional Liability

4.14.3 Data Breach and Privacy/Cyber Liability including Technology Errors and

Omissions, etc

Not applicable

4.14.4 Other Insurance

4.15 New York State Sales and Compensating Use Taxes

4.16 Confidentiality and Required Awardee, Contractor, Employee, and Volunteer

Background Checks

4.17 Consultant Disclosure Requirements

4.18 OCFS Procedure for Handling Debriefings and Formal Protests

4.19 Standard Contract Language

4.20 State Finance Law §139-l; Statement on Sexual Harassment in Bids

4.21 State Finance Law §139-m; Statement on Gender-Based Violence in Bids

1.0 GENERAL INFORMATION

1.1 Overview

The New York State Office of Children and Family Services (OCFS) has released this Invitation for Bids (IFB) to solicit competitive bids for psychiatric services for youth placed in or committed to OCFS custody at Brookwood Secure Center, Industry Secure Center, Taberg Residential Center, and Harriet Tubman Residential Center as further detailed in IFB Section 2.0 Specifications. OCFS intends to award up to five (5) contracts for the 5 positions available under this opportunity. Psychiatrists who meet the minimum qualifications are eligible to bid. The contracted psychiatrist should expect to routinely work the number of hours identified below. For details regarding the maximum bid rate and how the awards will be made, please see Section 4.1 Method of Award and Section 4.2 Price.

All services covered under this procurement are expected to be delivered in person throughout the entire contract term. OCFS, at its sole discretion, reserves the right to request telepsychiatry services when it is determined to be in the best interest of the State. The determination to require telepsychiatry services will only be made during contract service delivery, not during the bidding process. If telepsychiatry services are needed during the contract period by OCFS, all required services to youth as indicated in Section 3.2 Product/Service Specifications and Section 3.3 Delivery must be delivered.

Bidders will provide two rates: one rate for in-person psychiatric services, and another rate for telepsychiatry services. If telepsychiatry services are requested by OCFS during the contract term, all remote services will be reimbursed at the awarded hourly telepsychiatry bid rate.

There are five (5) positions available:

• Brookwood Secure Center for Youth has two (2) available positions with a total number of routine hours not to exceed 888 hours per year, per position. This equates to approximately 74 hours per month, per position.

• Industry Secure Center has one (1) available position with a total number of routine hours not to exceed 624 hours per year. This equates to approximately 52 hours per month.

• Taberg Residential Center has one (1) available position with a total number of routine hours not to exceed 864 hours per year. This equates to approximately 72 hours per month.

• Harriet Tubman Residential Center has one (1) available position with a total number of routine hours not to exceed 624 hours per year. This equates to approximately 52 hours per month.

Please note the above hours are estimates and may change in response to changes in resident population and/or needs over the course of the agreement.

The proposed hours are based on current resident populations and must be performed as scheduled by OCFS. The contractor must divide these hours over multiple weeks per month with the facility management’s approval. The initial schedule, and any subsequent changes to it, must be approved by the Supervising Psychiatrist and the OCFS Assistant Director of Treatment or their designee at the facility.

The lowest cost vendor who meets all the mandatory requirements will be awarded the contract for the position. In the event a selected contractor is temporarily unavailable (due to vacation, illness, etc.), the contractor is responsible for coordinating coverage with the assigned supervising psychiatrist to obtain the services of another qualified individual (DJJOY supervising psychiatrist, staff psychiatrist, or other DJJOY contracted psychiatrist or PNP), subject to OCFS approval, which will not be unreasonably withheld.

OCFS may request that the contracted psychiatrist accept, based on OCFS’s need, a permanent or temporary change in assignment location within a reasonable distance of the original assignment location. OCFS may also request that the contracted psychiatrist provide temporary coverage of another psychiatrist’s or PNP’s schedule (at the same or a different facility) based upon need due to temporary absences (vacation, vacancy, illness, etc.). Any request for a temporary change in assignment by OCFS is contingent upon mutual agreement by the contracted provider and may, if it is in the States best interest, be delivered via telepsychiatry.

Background

Youth entering limited secure and non-secure OCFS residential facilities have been adjudicated delinquent by family court, not criminal court, and are placed with OCFS for rehabilitative programming. Such youth require specialized behavioral health services, and most are between 14 to 18 years old.

Secure residential centers are the most controlled and restrictive of the residential programs operated by OCFS, providing intensive programming for youth requiring this type of environment. The majority of youth admitted to secure facilities are sentenced by the criminal courts as juvenile offenders, adolescent offenders, or youthful offenders. Youth in secure centers have an extensive history of delinquent behavior and involvement with the juvenile justice system that includes prior out-of-home placements.

The following is a description of the OCFS juvenile justice facilities for which services are being sought:

Brookwood Secure Center for Youth is located at 419 Spookrock Road, Claverack, NY 12513. Brookwood serves male youthful offenders/adolescent offenders (YO/AO) who were tried and convicted in court. Depending on the sentence, youth may remain in OCFS custody up to twenty-one (21) years of age. Group counseling is conducted seven (7) days a week, utilizing a variety of cognitive modalities. All modalities are prescribed based upon individual treatment needs as assessed by the treatment team. Individual case management is provided weekly by an assigned case manager and individual mental health counseling is provided by a mental health practitioner.

Psychiatric services are provided as needed.

Upper Industry Residential Center is located at 375 Rush-Scottsville Road, Rush, NY 14543. The youth served are male adjudicated juvenile delinquents generally between the ages of 14 and 21 placed with OCFS by the New York State Family Courts. Dialectical Behavior Therapy (DBT) provides the over-arching model of treatment. Individual therapy is provided by licensed clinicians. A team comprised of clinical, professional and direct care staff facilitates DBT groups that use modules in mindfulness, distress tolerance, emotion regulation and interpersonal relationships to promote development of social skills. Licensed clinicians lead curriculum-based substance abuse education groups.

Taberg Residential Center for Girls is located at 10011 Taberg-Florence Road, Taberg, NY 13471 in the central region of New York State, approximately 15 miles northwest of the city of Rome. The youth served are female, generally between the ages of 13 and 18, who were adjudicated juvenile delinquents and placed with OCFS by the New York State Family Courts. Dialectical Behavior Therapy (DBT) provides the over-arching model of treatment. Individual therapy is provided by licensed clinicians. A team comprised of clinical, professional, and direct care staff facilitates DBT groups that use modules in mindfulness, distress tolerance, emotion regulation, and interpersonal relationships to promote development of social skills. Licensed clinicians lead curriculum-based substance abuse education groups. Direct care staff facilitates psychoeducational groups focusing on anger management, gender issues, victim awareness, and structured learning.

Harriet Tubman Residential Center is located at 6706 Pine Ridge Road Auburn, NY 13021. The youth served are female adjudicated juvenile delinquents generally between the ages of 14 and 18, placed with OCFS by the New York State Family Courts. Dialectical Behavior Therapy (DBT) provides the over-arching model of treatment. Individual therapy is provided by licensed clinicians. A team comprised of clinical, professional and direct care staff facilitates DBT groups that use modules in mindfulness, distress tolerance, emotion regulation and interpersonal relationships to promote development of social skills. Licensed clinicians lead curriculum-based substance abuse education groups.

Note: There is a maximum bid rate of $400 for in-person psychiatric services and a maximum bid rate of $300 for telepsychiatry services for this procurement. The lowest-cost qualified provider(s) will be awarded the contract(s). Any bid submitted that exceeds the maximum bid rate limits will not be considered for an award.

1.2 Term of Contract

It is the intention of New York State to award up to five (5) contracts to the awarded bidders. The contracts will commence on or about the contract date as stated on the cover page in the Calendar of Events and will continue for a period of up to three years with up to two, one-year renewals and are subject to approval by the New York State Department of Civil Service (DCS), New York State Office of the Attorney General (OAG), and Office of the State Comptroller (OSC). Contractors may not begin to provide services before the contract start date; OCFS has no obligation to pay for services rendered before that time. Payments cannot be made before the formal execution of a contract.

1.3 Restricted Period

“Restricted period” means the period of time commencing with the earliest written notice, advertisement, or solicitation of a Request for Proposals (“RFP”), Invitation for Bids (“IFB”), or any other method for soliciting a response from bidders intending to result in a procurement contract with OCFS and ending with the final contract award and approval by OCFS and, where applicable, final contract approval by the Office of the State Comptroller.

Pursuant to State Finance Law §§ 139-j and 139-k, OCFS has designated contacts on the face page of this procurement to whom all communications attempting to influence this procurement must be made.

This prohibition applies to any oral, written, or electronic communication under circumstances where a reasonable person would infer that the communication was intended to influence this procurement. Violation of any of the requirements described in this section may be grounds for a determination that the bidder is non-responsible and therefore ineligible for this contract award.

Two (2) violations within four (4) years of the rules against impermissible contacts during the “restricted period” may result in the violator being debarred from participating in OCFS’s procurements for a period of four (4) years.

1.4 Questions and Amendments

Bidders may submit written questions and requests for clarification pertaining to this IFB between the issuance of this IFB and the deadline for submission of written questions specified in the Calendar of Events on the cover/face page of this procurement (page 1). All questions and requests for clarification should cite the relevant section and paragraph number of this solicitation or of the attachment to which the question relates, where applicable, and must be submitted via email to funding@ocfs.ny.gov no later than the deadline for submission of written questions specified in the Calendar of Events. Questions received after the deadline may not be answered.

If a bidder discovers any ambiguity, conflict, discrepancy, omission, or other apparent error in this IFB, the bidder shall immediately notify OCFS of such error in writing at funding@ocfs.ny.gov and request that OCFS clarify or modify the terms of this IFB. If, prior to the deadline for the submission of bids specified https://www.nysenate.gov/legislation/laws/STF/139-J https://www.nysenate.gov/legislation/laws/STF/139-K in the Calendar of Events on the cover/face page of this procurement, a bidder fails to notify OCFS of a known error or an error that reasonably should have been known, the bidder shall assume the risk of bidding notwithstanding such apparent ambiguity, conflict, discrepancy, omission, or other error. If awarded a contract pursuant to the terms of this IFB, the bidder shall not be entitled to an amendment to the terms of the contract to correct or clarify any such ambiguity, conflict, discrepancy, omission, or other error nor to any additional compensation by reason of the error or its correction.

Answers to all questions will be provided to all bidders in the form of a question and answer document that will be posted to both the NYS Contract Reporter website (https://www.nyscr.ny.gov) and the OCFS funding opportunities page (https://ocfs.ny.gov/main/contracts/funding/) and will not identify the bidder asking the question. Before the deadline for submission of bids, any such clarifications or modifications as deemed necessary by OCFS will also be posted in the Contract Reporter and on the OCFS website.

2.0 SPECIFICATIONS

Failure to meet the minimum requirements outlined in Section 2.1 may result in a bid being found non-responsive and eliminated from consideration.

2.1 Eligible Bidders

Bidders who are locum tenen vendors or staffing agencies are not eligible to bid on this procurement. A staffing agency is any organization acting as an intermediary between job seekers and employment opportunities.

The bidder must meet the following minimum requirements:

• Possess a valid psychiatry license to practice medicine in New York State

• Be board-certified or board-eligible in general psychiatry by the American Board of Psychiatry and Neurology

• Provide a minimum of three professional references that can verify the bidder’s qualifications to propose using Attachment 2 – References

• Must not be a locum tenen vendor or a staffing agency

• Must agree to provide the requested services in-person on the contract start date

2.2 Product/Service Specifications

Duties

As a member of the mental health team, provide clinical services to youth placed with OCFS, including but not limited to: obtaining informed consent;

completing psychiatric evaluations; prescribing and monitoring psychotropic medications for both effectiveness and side effects; collaborating/consulting with OCFS staff in the management and treatment of residents with mental health needs; facilitating/managing urgent mental health situations;

https://www.nyscr.ny.gov/ https://ocfs.ny.gov/main/contracts/funding/ documenting services provided; and practicing within OCFS policies, procedures, and memoranda.

Scope of Work

The contractor will be required to perform the following duties. This list may be modified at any time based on programmatic needs. If telepsychiatry services are permitted by OCFS during the contract term, arrangements will be made to have all required services delivered remotely as needed.

1. The psychiatrist (also referred to as “Provider”) will use standard OCFS forms for the psychiatric evaluation (1-1½ hours) and for the 30-minute psychiatric follow-up visits.

2. The Provider will order psychiatric medications and monitor their benefits and side effects.

3. The Provider will attend weekly mental health rounds with clinicians, teachers, and a representative from the line staff to discuss youth in his/her caseload, as well as other youth who present with symptoms that may indicate mental health needs.

4. As outlined in the OCFS DJJOY Bureau of Behavioral Health Services (BBHS) Psychiatry Manual, the Provider shall utilize the minimum number of medications necessary to treat target symptoms and shall obtain approval from a supervising psychiatrist in instances where additional medications are deemed necessary.

5. The Provider will monitor psychotropic medications as is clinically appropriate with laboratory tests, ECG, and AIMS, as outlined in the Psychiatry Manual.

6. The Provider will obtain informed consent from guardians.

7. The Provider will conduct emergency evaluations while on the facility grounds when requested to do so. When not present at the facility, the Provider(s) will not be formally on call. Provider(s) are asked to be available by phone to communicate with clinical or medical staff about urgent matters when practical. This is typically an infrequent event.

8. OCFS reserves the right to request telepsychiatry services during contract service delivery when it is determined to be in the best interest of the State.

The determination to revoke telepsychiatry is solely and completely at the discretion of OCFS.

9. The Provider will attend training as required by OCFS.

10. Any request for a temporary change in assignment must be mutually agreed upon by OCFS and the contracted provider, and at the sole discretion of the State may be delivered as telepsychiatry.

2.3 Delivery

The Provider will work up to a total number of hours as defined in Section 1.1 Overview for the facility an award is made for. Per Section 1.1 Overview, these hours must be performed as scheduled and as approved by the Supervising Psychiatrist and the OCFS Assistant Director of Treatment, or their designee. The provider will likely be scheduled to divide these hours over multiple weeks per month. Please note there is no promise or guarantee of additional hours.

By submitting a bid, the provider agrees to the following:

1. Any proposed candidate meets the minimum requirements and maintains these requirements for the duration of the contract.

2. The candidate will perform all duties outlined above in Section 2.2

Product/Service Specifications.

3. The candidate will be available to work the hours set forth in Section 1.1

Overview.

2.4 Security Procedures

Please note the delivery location may have security policies that must be followed. The contractor will work with OCFS to obtain necessary clearances.

The contractor may be required to provide information including, but not limited to, the company name, the employee’s name (as it appears on ID), valid driver license number, vehicle make, model and license plate, etc. to gain access to the delivery location.

2.5 Warranty (if commodity purchase)

Not applicable.

2.6 Transition

Not Applicable.

2.7 Subcontracting

Bidders may not subcontract any components of the scope of work.

3.0 BID SUBMISSION

3.1 Instructions for Bid Submission

Only bids from bidders who furnish all required information and meet the mandatory requirements stated in Section 2.0 Specifications will be considered. Bidders must operate in accordance with all applicable laws, rules, and regulations.

All bids must be submitted electronically by email to funding@ocfs.ny.gov by the bid due date and time set forth in Section 1.0 Calendar of Events. All bid documents must be sent as attachments as OCFS is unable to download any documents. The email subject line should include the following information: IFB 1255 Psychiatric Services at Various Facilities and Vendor Name. If the bid requires files are sent in multiple emails, indicate the email number, e.g., 1 of 2. No facsimile or hard copy bids will be accepted. Bid submissions for this procurement should only contain bids for this specific funding opportunity and bidders should submit only one bid per submission email.

Bids must be attached to the email in a manner that results in the electronic document(s) being transmitted with the email. The bid must be received by OCFS secure email servers to be considered properly received. Clickable links to download the bid and/or the use of third-party file hosting services are not permissible as the bidder’s email submission is not transmitting the electronic document(s) of the bid to OCFS.

Email delivery or read receipts are recommended. OCFS will provide a confirmation email that the bid has been received, including the number of attachments. Bidders are responsible for contacting OCFS prior to the deadline if confirmation has not been received.

Electronic bids must contain the information and bid submission formats and forms requested herein, or attached hereto, under the terms and conditions of this solicitation. Bids that cannot be read, require a password (locked), or are incomplete, or that contain any omissions, erasures, alterations, additions, or items not required by the IFB, or that contain irregularities of any kind may be rejected. All costs associated with the preparation of a bid are the responsibility of the bidders and cannot be charged to OCFS. Bidders may modify, in writing, the content of any bid at any time prior to the bid due date and time; however, a complete re-submission of all bid documents is required. OCFS will not substitute sections of a bid. The email should state previous bid(s) submitted are withdrawn. If this is not clear in the email, OCFS will only consider the latest bid submitted for award. Bids may be withdrawn or canceled before the bid due date and time.

Contractors may not begin to provide services prior to the contract start date;

OCFS has no obligation to pay for services prior to that time. Payments cannot be made prior to the formal execution of a contract.

Bidders assume all risks for timely, properly submitted electronic bids.

LATE BIDS MAY BE REJECTED

Any bid, or portion of a bid if bid is submitted in multiple emails, that is received at the funding@ocfs.ny.gov email after the bid due date and time in Section

1.0 Calendar of Events will be considered a late bid. A late bid may be rejected mailto:RFP@ocfs.ny.gov mailto:RFP@ocfs.ny.gov and disqualified from award. However, a late bid may be accepted in the Commissioner’s sole discretion when:

(i) no timely bids meeting the requirements of the solicitation are received; or

(ii) the bidder has demonstrated to the satisfaction of the Commissioner that the late bid was caused solely by factors outside the control of the offerer.

Note: The Commissioner is under no obligation to accept a late bid.

The basis for any determination to accept a late bid shall be documented in the procurement record.

FIRM OFFER

Bids must remain an effective offer, firm and irrevocable, for at least 365 calendar days from the due date, unless the time for awarding the contract is extended by mutual consent of OCFS and the bidder. A bid shall continue to remain an effective offer, firm and irrevocable, subsequent to the 365 calendar-day period until either tentative award of the contract(s), withdrawal of the procurement, or withdrawal of the bid in writing by the bidder.

OWNERSHIP OF IFB AND BIDS

This IFB remains the property of New York State at all times, and all responses to this IFB, once delivered, become the property of New York State.

3.2 Packaging of IFB Response

Required Contents of Bid Submission

Please be aware that although bids must be submitted electronically, any document that requires a notarization must be obtained by the bidder and a copy of the notarized form submitted with the bid. The original hard copy signature page must be kept by the bidder. If applicable, a hard copy version of the notarized document must be supplied during the contract development stage by selected awardees if requested by OCFS.

All bid submissions must include the following:

• OCFS-0910, Request for Bid Form

• Attachment 1 – Bidder’s Certified Statements

• Attachment 2 – References o documenting three professional references, one of which must have been for services provided within the past 12 months. Please ensure contact information is included.

• Bidder’s curriculum vitae

• Copy of bidder’s license to practice medicine

• Copy of current registration certificate to practice in New York State

• Documentation of certification or eligibility from the American Board of Psychiatry and Neurology or other equivalent authority

Attachments to this announcement are also available for download from The New York State Contract Reporter website at https://www.nyscr.ny.gov or the OCFS website at https://ocfs.ny.gov/main/contracts/funding/.

The following documents should also be completed and provided in the bid:

• NYS Required Forms o Non-Collusive Bidding Certification o NYS Required Certifications Identifying Data o Offerer’s Certification of Adherence to Executive Order 177 o Offerer’s Certification of Adherence to New York State Finance Law o Sexual Harassment Prevention Certification Form o Freedom Of Information Law Redaction Request o Offerer’s Certification of Adherence to Executive Order No. 16 o Offerer Assurance of No Conflict of Interest or Detrimental Effect o Gender-Based Violence and the Workplace Certification

• Vendor Responsibility Questionnaire (or proof of online VendRep certification. See Section 4.21 for more information)

• OCFS-3460, MWBE Equal Employment Opportunity (EEO) Policy Statement Form

• OCFS-4821, CMS User Authorization

• OCFS-4715, Confidentiality Non-Disclosure Agreement

• OCFS-4716, Contractor Employee and Volunteer Background Certification

• Proof of Malpractice Insurance, if the awardee is not an individual psychiatrist

OCFS reserves the right to require the provision of these forms prior to making an award. Failure to provide required forms may result in your bid being disqualified from consideration. If requested, forms should be provided to OCFS within 5 business days.

For complete proposal and contract requirements for the Minority- and Women-owned Business Enterprises (MWBE) and Equal Employment Opportunity (EEO) requirements, refer to Section 4.9.

General Bid Appearance

Bid emails may be submitted containing either one singular document or multiple document attachments. Document file names are encouraged to be logical and make the attachment(s) easily identifiable. Please ensure all document attachments provided via email are complete, correct, viewable, and comply with the requirements of the IFB. Documents that are incomplete or cannot be viewed may result in disqualification. OCFS reserves the right, at the sole discretion of OCFS, to request timely resubmission of documents.

The spacing, fonts, and margins used in the bid should be reasonable. For example: single-spaced twelve-point text using Arial, Times New Roman, or Calibri fonts are considered acceptable. Standard one-inch margins are recommended.

https://www.nyscr.ny.gov/ https://ocfs.ny.gov/main/contracts/funding/ https://ocfs.ny.gov/forms/nys/NYS-Required-Forms-2025.pdf https://www.osc.state.ny.us/state-vendors/vendrep/vendor-responsibility-forms https://ocfs.ny.gov/main/Forms/Contracts/OCFS-3460.docx https://ocfs.ny.gov/main/Forms/Contracts/OCFS-3460.docx https://ocfs.ny.gov/forms/omtv/OCFS-4821.docx https://ocfs.ny.gov/forms/ocfs/OCFS-4715.pdf https://ocfs.ny.gov/main/Forms/Contracts/OCFS-4716%20Contractor%20Employee%20Background%20Certification.dot

Please refer to Section 3.1 Instructions for Bid Submission and Section 1.0 Calendar of Events.

Documents Required After Bid Submission

During contract negotiations, awarded bidders will be required to complete the following additional forms:

• OCFS-4631, MWBE Utilization Plan Form

• SDVOB-100, SDVOB Utilization Plan

• OCFS-4629, Project Staffing Plan Form

• AC 3271-S, State Consultant Services – Contractor’s Planned Employment (Form A)

• ST-220-TD, Contractor Certification

• ST-220-CA, Contractor Certification to Covered Agency

• Proof of workers’ compensation and disability benefits coverage or Certificate of Attestation of Exemption from New York State Workers’ Compensation Board and/or disability benefits coverage

• OCFS-7106 Contractor Emergency Contacts

4.0 ADMINISTRATIVE INFORMATION

4.1 Method of Award

The bidder(s) submitting a bid in compliance with IFB Section 3.0 Bid Submission, meeting requirements stated in IFB Section 2.0 Specifications, passing vendor responsibility review, and who submits the lowest rate will be awarded.

For evaluation purposes, the lowest-cost bid will be determined by multiplying the in-person bid rate by 80% of the total anticipated hours for the position, then multiplying the telepsychiatry bid rate by 20% of the total anticipated hours for each position and adding the two calculated amounts together.

Any bid that exceeds the maximum bid rate limit(s) will not be considered for an award. Please see IFB Section 4.2 Price for more information regarding bid rate limits and requirements.

The hourly rates submitted in the bid will be firm for the life of the contract. There will be no adjustment to the rates during the contract term.

In the event of a tie bid, bidders with the most experience (in months as indicated on the curriculum vitae), providing psychiatric services to children and adolescents as a member of the psychiatric staff of a psychiatric hospital and/or in the psychiatry department of a general hospital or in another setting, during or after general psychiatry residency, will be selected as the winning bidder. If this experience is not indicated on the curriculum vitae on one or more of the https://ocfs.ny.gov/main/Forms/Contracts/OCFS-4631%20M-WBE%20Utilization%20Plan%20Form.dot https://ogs.ny.gov/sdvob-100-utilization-plan https://ocfs.ny.gov/forms/ocfs/OCFS-4629.docx https://ocfs.ny.gov/forms/ocfs/OCFS-3271.pdf https://ocfs.ny.gov/forms/ocfs/OCFS-3271.pdf https://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf https://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf https://www.wcb.ny.gov/content/main/Employers/lp_workers-compensation.jsp https://www.wcb.ny.gov/content/main/DisabilityBenefits/lp_disability-benefits.jsp tie bids, then the tie bid that does indicate this experience may be selected as the winning bidder.

If there is still a tie, the decision as to the winning bid will be made by the Commissioner in accordance with the State Finance Law §163(10)(a) and any policy stated in the IFB.

References may be checked at any point during the process. OCFS reserves the right to disqualify any bidder from consideration if a reference check is unsatisfactory. The determination of what constitutes an unsatisfactory reference check will be made at the sole discretion of OCFS.

OCFS reserves the right to request best and final offers. In the event OCFS exercises this right, all bidders that submitted a proposal that are susceptible to award will be asked to provide a best and final offer. Bidders will be informed that should they choose not to submit a best and final offer, the offer submitted with their proposal will be construed as their best and final offer.

4.2 Price

Bid price must be all-inclusive, covering all costs associated with providing and delivering the items as specified in this IFB. This includes travel, overhead, licenses, insurance (refer to IFB Section 4.14 Insurance Requirements), administrative, customs, duties, charges, and all ancillary costs. Further, the price must be net F.O.B. destination, signifying that it accounts for all costs up to the point of service delivery at the specified OCFS facilities.

Key pricing conditions:

• A maximum bid rate of $400 for in-person psychiatric services and $300 for telepsychiatry services is established for this procurement.

• The contract for each position will be awarded to the lowest-cost qualified provider(s) who meet all mandatory requirements.

• Any bid submitted that exceeds the maximum bid rate limit(s) will not be considered for an award.

• The hourly rates submitted in the bid will remain firm for the entire life of the contract, with no adjustments.

Telepsychiatry Reimbursement Policy:

• Should telepsychiatry services be needed at any point during the contract term, this determination will be made solely at OCFS discretion.

• If telepsychiatry services are required, all remote services will be reimbursed at the awarded hourly telepsychiatry bid rate.

• All required services to youth will still be delivered if telepsychiatry is utilized.

4.3 Method of Payment

Payments for services rendered will be processed on a monthly basis following the successful completion of services. Reimbursement is contingent upon the submittal of all required documentation for services performed and a signed claim for payment form, as specifically directed by OCFS in Appendix C-1 of the resulting contract.

If a successful bidder currently holds an existing psychiatric contract at the same facility, when processing claims on an annual basis, all applicable hours will first be reimbursed at the lower pay rate of the two contracts. This policy ensures fairness and consistency in billing for services provided at the same OCFS facility.

4.4 Contractor Responsibilities

The contractor shall be solely responsible for all compliance with terms and conditions in this IFB or any resulting contract. The contractor may not engage a subcontractor or dealer, distributor, reseller, or any other party to carry out any part of this contract without the prior written consent of OCFS. The contractor accepts full responsibility for the actions of any employee who carries out any of the provisions of any contract resulting from this IFB.

4.5 OCFS Reserved Rights

OCFS reserves the right to:

1. Change any of the schedule dates stated in this IFB.

2. Reject any or all bids received in response to the IFB.

3. Withdraw the IFB at any time at the agency’s sole discretion.

4. Make an award under the IFB in whole or in part.

5. Disqualify any bidder whose conduct and/or bid fails to conform to the IFB’s requirements.

6. Reject any bid if, in the sole discretion of OCFS, it determines the bidder is not a responsible vendor.

7. Seek clarification and revisions of bids. Ask bidders to present supplemental information clarifying their bids either in writing or by formal presentation.

New information is not permitted.

8. Before opening bids, amend any part of this IFB with notification to all bidders, and direct all bidders to prepare modifications addressing IFB amendments, if necessary.

9. Eliminate any IFB requirements that cannot be met by all prospective bidders upon notice to all parties that submitted bids.

10. Waive procedural technicalities or modify minor irregularities in bids received after notification to the bidder involved.

11. Correct any arithmetic errors in any bid or make typographical corrections to bids with the concurrence of the bidder.

12. Negotiate with the selected bidder(s) before contract award.

13. Conduct contract negotiations or award a contract to the next ranked bidder if contract negotiations with the selected bidder(s) cannot be accomplished within an acceptable time frame. No bidder will have any rights against OCFS arising from such actions.

14. Require that all bids be held valid for a minimum of 365 days from the closing date for receipt of bid submissions, unless otherwise expressly provided for in writing.

15. Use the bid submitted in response to this IFB as part of an approved contract. At the time of contract development, awardees may be asked to provide additional budget and program information for the final contract.

16. Use any or all ideas submitted in the bids received.

17. Require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of an offerer’s bid and/or to determine a bidder’s compliance with the requirements of the solicitation.

18. Make inquiries of third parties, including but not limited to bidder’s references regarding the bidder’s experience or other matters deemed relevant to the bid by OCFS. By submitting a bid in response to this IFB, the bidder gives its consent to any inquiry made by OCFS.

19. Rescind awards for failure of awardees to meet required time frames for contract development and/or signature.

20. Cancel this IFB, in whole or in part, at any time and to reject any or all bids when appropriate in the best interests of New York State.

21. Use information obtained through site visits, management interviews and

New York State’s investigation of a bidder’s qualifications, experience, ability, or financial standing, and any material or information submitted by the bidder in response to the agency’s request for clarifying information in the course of evaluation and/or selection under the IFB.

22. Reject any extraneous terms, alternate activities/work to be performed, added conditions, or exceptions stated by bidders within their bid submission(s). This includes, but is not limited to, proposed changes to the standard terms and conditions of the resulting contract(s).

4.6 Incurred Costs

The State of New York shall not be liable for any costs incurred by a bidder in the preparation and production of a bid or for the contractor’s participation in any pre-contract award activity. The State of New York shall not be liable for any cost incurred by the contractor in preparation for or before the approval of an executed contract by OSC.

4.7 Security, Nondisclosure, and Confidentiality Agreement

The content of each bidder’s submission will be held in strict confidence by New York State during the bid evaluation process and will not be disclosed except to the evaluation panels, and to the New York State Office of the Attorney General and OSC, as may be necessary, to obtain their approvals for the final contract, and except as required by law. The successful bid and a copy of the specifications will be made a part of the contract.

Public inspection of a bid is regulated by the Freedom of Information Law (Article 6 of the New York Public Officer’s Law, or FOIL). Bids are presumptively available for public inspection. If this would be unacceptable to bidders, they should apply to the New York State Division of Budget (DOB) for trade secret protection for their bid.

Confidential, trade secret, or proprietary materials as defined by the laws of the State of New York must be clearly marked and identified upon submission by the bidder. Marking the bid as “confidential” or “proprietary” on its face or in the document header or footer is not sufficient without specific justification as to why disclosure of particular information in the bid would cause substantial injury to the competitive position of the offerer.

Bidders/contractors intending to seek an exemption from disclosure of these materials under the FOIL must request the exemption in writing, explaining the reasons for the claimed exemption. Acceptance of the claimed materials does not constitute a determination on the exemption request, which will be made in accordance with statutory procedures.

The Public Officers’ Code of Ethics (Section 74 of the Public Officers Law) sets the standard that no officer or employee of a state agency shall disclose confidential information they acquire during their official duties. These standards control the confidentiality of a bidder’s submission unless DOB grants a petition for records access in accordance with FOIL.

Bidders should be advised the confidentiality of their bid is founded upon statute, as described above. A nondisclosure agreement, whether prescribed by DOB or the bidder, would not alter the rights and responsibilities of either https://dos.ny.gov/coog/foil2.html https://legethics.ny.gov/public-officers-law-section-74-code-ethics party under FOIL. Bidders should not propose a nondisclosure agreement for DOB employees, as that is legally ineffective to alter any responsibility under FOIL or the Code of Ethics.

The provisions of FOIL will also govern the confidentiality of all products or services supplied by the successful bidder.

Please see Confidentiality Non-Disclosure Agreement (OCFS-4715), which each contractor or subcontractor, employee of a contractor or subcontractor, and volunteer with a contractor or subcontractor is required to sign.

4.8 Executive Orders

Executive Order No. 16, dated March 17, 2022, requires New York State agencies to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia.

Executive Order 16 includes the following definitions:

o “Russian entity” means an institution or company headquartered in Russia or has its principal place of business in Russia.

o “Supporting entity” means any institution or company providing assistance to the Russian government in its campaign to invade the sovereign country of Ukraine, either through in-kind support or for-profit.

o “Entity conducting business operations in Russia” means an institution or company, wherever located, conducting any commercial activity in Russia or transacting business with the Russian government or with commercial entities headquartered in Russia or with their principal place of business in Russia in the form of contracting, sales, purchasing, investment, or any business partnership.

By submission of a response to this solicitation, the bidder certifies that they:

a. are not a Russian or Russia-supporting entity, as those terms are defined in the Executive Order No. 16 (dated March 17, 2022); and/or

b. are not an entity conducting business operations in Russia, as those terms are defined in the Executive Order No. No. 16 (dated March 17, 2022).

Executive Order 177, dated February 3, 2018, directs New York State agencies and authorities not to enter into any contracts with entities that have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected basis. The contractor must provide the EO 177 certification statement before any award being made by OCFS.

4.9 Minority- and Women-owned Business Enterprises (MWBE) – Equal

Employment Opportunity (EEO) - Requirements & Procedures

This section outlines contractor requirements and procedures for business participation opportunities for New York State-certified Minority- and Women-https://ocfs.ny.gov/forms/ocfs/OCFS-4715.pdf owned Business Enterprises (MWBE) and equal employment opportunities (EEO) for minority group members and women. OCFS forms can be found at https://ocfs.ny.gov/forms/ and some are required to be entered directly into the New York State Contract System.

4.9.1 New York State Executive Law (Article 15-A)

Pursuant to New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules, and Regulations, OCFS is required to promote opportunities for the maximum feasible participation of New York State-certified MWBE and the employment of minority group members and women in the performance of OCFS contracts. OCFS has established its overall agency goal of 30% MWBE participation, including 15% for New York State-certified Minority-owned Business Enterprises (MBE) and 15% for New York State-certified Women-owned Business Enterprises (WBE).

OCFS supports the establishment of partnerships with MWBE as subcontractors, suppliers, protégés, or in other supporting roles to the maximum extent practicable and consistent with the legal requirements of the State Finance Law and Executive Law Article 15-A. Certified MWBE companies may be readily identified through the directory of NYS certified MWBE at: https://ny.newnycontracts.com.

4.9.2 MWBE Business Participation Opportunities – OCFS-Established

Goals

Procurement and contract goals are established based on the current availability of NYS certified MWBE to assist in the execution of the scope of work of the contract by providing a commercially useful function (CUF) in the performance of the services required. The percentage goal for this procurement may be assessed higher or lower than the percentage level of the agency’s overall goal depending on factors such as the type of services involved, location of services and the availability of certified MWBE.

For the purposes of this solicitation, OCFS hereby establishes an overall goal of 0% of discretionary non-personnel service spending for New York State-certified MWBE participation, 0% for MBE participation and 0% for WBE participation. A contractor (“contractor”) on any contract resulting from this procurement (“contract”) must document its good-faith efforts (GFE) to provide meaningful participation by MWBE as subcontractors and suppliers who will perform a CUF in the performance of the contract. To that end, by submitting a response to this IFB, the respondent agrees that OCFS may withhold payment pursuant to any contract awarded as a result of this IFB pending receipt of the required MWBE documentation. The directory of NYS certified MWBE can be viewed at New York State Contract System. For guidance on how OCFS will evaluate a contractor’s “good-faith efforts,” refer to 5 NYCRR § 142.8.

The respondent understands that only sums paid to MWBE for the performance of a CUF, as defined in 5 NYCRR § 140.1, and that include responsibility for the execution of a distinct element of the work of the https://ocfs.ny.gov/search/docs.php?document_type=1&category_number=44 https://ny.newnycontracts.com/ https://www.nysenate.gov/legislation/laws/EXC/A15-A https://ny.newnycontracts.com/ contract, evidencing the responsibilities and risks of the business owner, may be applied towards the achievement of the applicable MWBE participation goal. The portion of a subcontract with an MWBE serving as a broker which can be credited towards the goal shall be 25% of the sum paid on the subcontract.

4.9.3 Contract Compliance

In accordance with 5 NYCRR § 142.13, the respondent further acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in a contract resulting from this IFB, such finding constitutes a breach of contract, and OCFS may withhold payment as liquidated damages.

Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBE had the contractor achieved the contractual MWBE goals and (2) all sums actually paid to MWBE for work performed or materials supplied under the contract.

By submitting a proposal, a respondent agrees to demonstrate its good-faith efforts to achieve the applicable MWBE participation goals by submitting evidence thereof through the New York State Contract System provided, however, that a respondent may arrange to provide such evidence via a nonelectronic method by contacting OCFS.

Additionally, a respondent will be required to submit the following documents and information as evidence of compliance with the foregoing:

A. An MWBE Utilization Plan must be completed in the NYSCS within 20 days of receipt of award letter notification. Contracts will not be executed until the MWBE Utilization Plan has been approved in the NYSCS.

OCFS will review the submitted MWBE Utilization Plan and advise the respondent of OCFS acceptance or issue a notice of deficiency within 30 days of receipt.

B. If a notice of deficiency is issued, the respondent will be required to respond to it within seven business days of receipt by submitting to the OCFS a written remedy in response to the notice to contractcompliance@ocfs.ny.gov. If the written remedy that is submitted is not timely or is found by OCFS to be inadequate, OCFS shall notify the respondent and direct the respondent to submit, within five business days, a request for a partial or total waiver of MWBE participation goals.

Failure to file the waiver form in a timely manner may be grounds for disqualification of the proposal.

OCFS may disqualify a respondent as being nonresponsive under the following circumstances:

a) If a respondent fails to submit an MWBE Utilization Plan.

mailto:contractcompliance@ocfs.ny.gov

b) If a respondent fails to submit a written remedy to a…