1 of 42 Revised 9/7/18)

Invitation for Bid: IFB 26-040 For the procurement of: Interoperability

EVENT DATES:

Notice of Intent to Bid submission (Attachment B-1): August 7, 2026 by 3:00 PM EST

Receipt of Questions from Potential Bidders: August 14, 2026 by 3:00 PM EST

Questions & Answers sent by OMH: August 21, 2026 by 3:00 PM EST

Proposal Submission/No Bid Due Date and Time: August 28, 2026 by 3:00 PM EST

Select/Non-Select Letters sent to appropriate Bidders As soon as possible after the bid opening

Bidder Protest Deadline:

OMH must receive no later than 7 business days after date on non-select letter

Anticipated Contract Start/End Dates:

September 15, 2026 - September 14,

1. Scope of Work:

1.1. Purpose

New York State Office of Mental Health (OMH) aims to improve service delivery in New York by making data more accessible, generating new data, and replacing outdated applications with integrated, user-friendly, and accessible systems. To support this, OMH will establish standardized HL7 protocols, including deploying PSYCKES data onto a new interoperability platform, connecting PSYCKES with interoperability solutions, and implementing a FHIR® API for clinical summaries.

Specific clinical data sections will be converted to FHIR®, such as demographic info, flags, care coordination, medications, diagnoses, procedures, encounters, lab services, questionnaire responses, and summaries. Additional steps include developing data ingestion processes from external providers, deploying patient matching, facilitating secure client application registration via OAuth 2.0, ensuring FHIR® standards compliance, and validating data efficiently. These initiatives aim to modernize OMH’s data collection, sharing, and interoperability, enabling prompt responses and efficient data management, and transforming the output into HL7 FHIR® data to support clinical decision making, care coordination, and quality improvement throughout New York State’s mental health system.

1.2. Requirement Specification

I. Implement an HL7 FHIR API to expose the PSYCKES Clinical Summary data using custom profiles. This would result in a custom Implementation Guide with HL7 U.S. Core and USCDI as the basis to support the PSYCKES use case. The current clinical summary resides in an Oracle database and lacks HL7 compliance features to promote interoperability.

Below are the sections in the PSYCKES Clinical Summary to be transformed to FHIR:

Patient Resource (Demographic & General Section)

Flag Resource (Active Quality Flag section, General Insurance summary)

Basic Observation Resource (Current Care Coordination, Notification, Active Medicaid Restrictions, Alerts & Incidents)

Condition Resource (Diagnosis)

Procedure Resource (Procedure)

Questionnaire Response Resource (Safety Plans)

Composition Resource (PSYCKES Clinical Summary)

II. Implement a process to ingest FHIR and non-FHIR data from external providers

a. FHIR resources from external partners; CCDA document, FHIR data bulk import;

NDJSON files

b. HL7 V2 message (optional)

c. .CSV files and other structured non-FHIR data formats

III. Implement the patient matching process using an MDM solution

IV. Ability to exchange CDA resources and Ingest HL7 v2.x messages using the same software

V. Implement the Payer-to-Payer (P2P) exchange solution that requires the exchange of clinical records at a member's request.

VI. Implement Clinical Decision Support service and Live Bundle

VII. Implements the EasyShare SMART Health Links (SHL) specifications

VIII. Implement an internal website for platform administrators to approve, suspend or revoke access to SMART on FHIR applications.

IX. Allow secure registration of the client application with the FHIR system

a. Allow end systems to register their API client with the OAuth 2.0 Authorization Server following the standards defined in the SMART Backend Service Launch specification, SMART on FHIR Provider and Patient Launch specification, SMART CDS Hooks specification

X. Enable data exchange using FHIR-R4 and future standards of the FHIR Specification

XI. Enable the PSYCKES-Interop FHIR Server to validate all input requests and the output HL7 FHIR data against HL7 specification using a terminology server and must support advanced validation, translation, and mapping capabilities

2. Deliverables:

Specific deliverables the supplier will deliver to effectuate the scope of work in this engagement are:

I. Support:

a. Standard – Responsive, expert-level troubleshooting, incident response, and problem resolution across platforms and programs.

b. Premium - Professional Services acting as an extension of internal teams, helping align architecture, standards interpretation, data strategy, and operational workflows with a unified computable model

II. Production Platform Product Licenses III. Software Updates to the Platform Software

IV. Code Hot Fixes V. Full access to the LMS System VI. Implementation Technical Workshops – 50 hours of annual product specialist consultations by

FHIR engineers and solution architects.*

* Workshops will be scheduled on demand each year throughout this agreement. Hours may be used for advisory consultation, hands-on implementation support, or proof-of-concept (POC) development, at Client’s discretion. Should there be any residual unused consultation time in a calendar year, the selected Vendor agrees to provide the residual consultation time within six (6) months of the subsequent calendar year.

3. Current Operational Impact & Scale:

The existing platform is a live, mission-critical production system. Bidders must account for this full footprint when pricing analysis, design, implementation, testing, migrations, training, and cutover to a comparable solution:

• Serve data for 20+ million clients

• Supports data requests across 1,700+ facilities

• Processes ~5,000 CDS Hooks requests/minute at sub-1-second response time

• FHIR repository engineered to scale to billions of resources while maintaining sub-second query performance

• Provides FHIR-based access for OMH (Office of Mental Health) summary retrieval per patient

• Writes FHIR Observation data in real time to major EMRs, including critical notification data at the point of admission for selective cohort patients

• Batch load 1TB+ data in a FHIR repository

• Real time export of FHIR data for analytics to a RDBMS store

*Any transition to a new platform must preserve this level of scale, performance, and clinical reliability without disruption to active partners, facilities, or point-of-care workflows.

4. Current State Overview:

The 3-tier architecture constitutes a development, quality assurance, and production platform on distinct AWS EKS instances. Most features in the sandbox and testing platforms mirror the production platform.

The current production interoperability platform is built on HAPI FHIR deployed on AWS EKS, supporting the following key capabilities:

- HL7 FHIR R4 data pipeline migrating legacy on-premises data to AWS PostgreSQL, conformant to US Core and PSYCKES implementation guides for clinical summary data.

- Integrated terminology server providing real-time code display and translation during API responses.

- Inbound data pipeline for external partner data ingestion via NDJSON, including validation and error reporting using Apache Camel and Apache Kafka.

- Delivers sub-second query performance at MegaScale by horizontally sharding data across multiple database instances.

- Real-time analytical export of FHIR AuditEvent resources and program-specific/selective source data to relational database tables.

- Security and authentication framework for cross-organizational data exchange using OAuth 2.0 with JWT assertion.

- CDS Hooks and security services for integration with Epic.

- Live bundle feature, HL7 V2 pipeline setup, CCDA ingestion capability, OpenTelemetry integration, Batch job management portal, consent-based resource filtering.

- Integrated built in terminology server with advance features for auto populate codesystem and translate different code systems.

- Separate Audit log and transaction log in a separate database.

- Direct SQL access to the FHIR repository for quick analytics.

- Full OAuth 2.0 platform supporting SMART on FHIR app compatibility, along with an app gallery with a developer and admin portal for SMART on FHIR apps.

- Access to learning management system, helpdesk ticketing system.

- FHIR-Native Master Data Management (MDM) for Enterprise Golden Records designed to de-duplicate data, match records, and build single “golden records” from fractured healthcare inputs.

*Bidders must also indicate estimated effort (FTE / person-hours) required to reach full production readiness - at the current scale and performance level equivalent to the state described in Sections 1&2 of this IFB.

*If bidders do not have current implementation readiness at the scale described in Sections 3&4, they must fill in the implementation line of Attachment D: Bid Quote Sheet.

5. Issuing Office/Permissible Contacts:

The issuing office named below is the sole point of contact in the State for matters related to this IFB.

Pursuant to State Finance Law 139-j and 139-k, this IFB includes and imposes certain restrictions on communications between OMH and an Offeror/bidder during the procurement process. Please reference Attachment J, Summary of OMH Procurement Lobbying Guidelines, included with this solicitation.

Attention: Jack Baumbach Title: Contract Management Specialist 1

Address:

75 New Scotland Avenue Albany, NY 12208

Phone: (518) 549-1700

E-Mail:

jack.baumbach@omh.ny.gov

6. Questions and Answers:

All questions must be submitted in writing by the bidder. All eligible bidders will receive an email containing the official responses to all questions received by the due date.

All written questions regarding this solicitation must be sent to bids@omh.ny.gov via e-mail only by 3:00 PM EST on August 14th, 2026. Questions and answers will be accumulated and published to all potential bidders by 3:00 PM EST on August 21st, 2026. Questions and Answers will also be posted to the New York State Contract Reporter Ad.

7. MWBE/EEO/SDVOB Participation Requirements:

Minority and Woman Business Enterprises (MWBE), Equal Employment Opportunity (EEO), and Service- Disabled Veteran Owned Business (SDVOB) program requirements are set forth in Attachment A.

8. New York State Business Usage Requirements:

Encouraging New York State Businesses in performance of Contracts as set forth in Attachment A-3 and Attachment N.

9. Response Date:

Electronic bids must be submitted to the Issuing Office via email by the bid submission due date and time.

No facsimile or hard copy bids will be accepted. It is the Bidder’s responsibility to ensure that the Electronic bid is received by the Issuing Office by the due date and time.

Electronic bids received by the Issuing Office must conform with the information and submission formats requested herein, or attached hereto, under the terms and conditions of this solicitation. Electronic bids received after the Proposal Submission date or time will be disqualified from consideration. Electronic bids will not be opened by the Issuing Office until after the Proposal Submission due date and time.

The OMH will provide a confirmation email that the electronic bid has been received.

The email subject line must include the following information: The Solicitation Number and Vendor Name. If bid requires files be sent in multiple emails, indicate the email number, e.g. 1 of 2.

Electronic Bids must be emailed to: bids@omh.ny.gov

If you cannot bid for this solicitation, please return Attachment B-2, No Bid Explanation Form, as per instructions no later than the bid due date and time.

Bids that are illegible, incomplete, or that contain any omissions, erasures, alterations, additions or items not called for in the solicitation 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. Bidders may modify, in writing, the content of any bid at any time prior to the bid due date and time. Bids may be withdrawn or canceled before the bid due date and time.

10. Determination/Method of Award:

The contract will be awarded to the responsible and responsive Bidder offering the lowest total bid amount and who also meets all minimum mandatory requirements, as defined in Section 9 below. OMH reserves the right to evaluate and/or reject all bids, in whole or in part, and to waive or modify technicalities, irregularities, and omissions, or solicit new bids if, in the agency’s sole judgment, the best interest of the State will be served. Following contractor selections and prior to signing a contract, OMH reserves the right to further negotiate cost or other specifics.

In the case of tied bids between two or more bidders, OMH shall select the tied Bidder who has been in business for the most number of years.

11. Mandatory Bid Submission Requirements:

A. The submission of a bid constitutes a binding offer to perform said services in accordance with or exceeding all mandatory requirements outlined in this IFB and in the OMH contract boilerplate. Such binding offer shall be firm and not revocable for a period of 120 days after the deadline for bid submissions and will continue thereafter until the Successful Offeror notifies OMH otherwise in writing.

Such deadline may be extended further by mutual agreement between the Successful Offeror and

OMH.

B. Bidders and/or any proposed subcontractors MUST NOT have had a prior New York State contract terminated for cause within the past three years.

C. Documentation that must be submitted by Bidders on or before the bid due date, if applicable (Place the completed Bid Submission Checklist first in the bid package) OMH reserves the right to disqualify any bid that does not include the required documents:

1) Attachment C – Solicitation Cover Sheet: must be used as the first page/cover sheet.

2) Include proof of having been in business performing the required type of service for at least three

(3) years.

3) Complete Form ST-220-CA Contractor Certification. The Contractor must file Form ST-220-CA to certify that it has filed Form ST-220-TD with the Tax Department and that the information contained on Form ST-220-TD is correct and complete as of the date that the Contractor files Form ST-220-CA. Access and complete Form ST-220-CA by using the following link:

http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf

Please note that Form ST-200-TD must be filed with the NYS Tax Department at the address on the front page of the form. You can access Form ST-220-TD using the following link:

http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf

For Questions and Answers Concerning Tax Law Section 5-a, go to NYS Department of Tax and Finance at http://www.tax.ny.gov/pdf/publications/sales/pub223.pdf .

4) Attachment D – Bid Quote Sheet: Bids shall be submitted utilizing this form only.

5) Attachment E – Non-Collusive Bidding Certificate: Complete and return with bid. Required by Section 139-D of the State Finance Law

6) Attachment F – Business References: Provide three (3) Business References. Include any NY State Agencies, if applicable.

7) Attachment G – Vendor Responsibility Questionnaire: Complete either hard copy or online Please refer to Attachment G for a detailed explanation and links to the most current forms to use.

8) Obtain a Vendor Registration Number if you are not already registered to do business with New York State entities. Access the link in Attachment G for the Substitute W-9. Complete the online form electronically, download the completed form, and sign in the designated area. Return the completed W-9 with the other bid documents to the designated individual at the OMH facility.

All vendors are required to have a vendor registration number to do business with New York State.

9) Attachment H – Consultant Disclosure Form A: Complete as explained in Section 15 below and return with bid, if applicable.

10) Attachments J-1 and J-2: Complete Offeror’s Affirmation of Understanding (J-1) OMH Offeror Disclosure of Prior Non-Responsibility Determinations/Attachment (J-2).

11) Attachment A-2 – MWBE Goals and EEO Policy Statement: Complete per the instructions.

12) Attachment K - EEO Employment Opportunity Staffing Plan: Complete and return with bid.

13) Attachment L – MWBE Utilization Plan: If M/WBE goals have been established in Attachment A, then complete and return with bid.

14) Attachment L-1 – Application for Waiver of MWBE Goals (if applicable): Complete if MWBE participation goals cannot be met and good faith efforts have been performed.

15) Attachment M – SDVOB Contractor Utilization Plan: If SDVOB goals have been established in

Attachment A, then complete and return with bid.

16) Attachment M-1 – Application for Waiver of SDVOB Goals (if applicable): Complete if SDVOB participation goals cannot be met and good faith efforts have been performed.

17) Attachment A-3: Encouraging the Use of New York State Subcontractors and Supplies (if applicable).

18) Attachment N – New York State Business Usage Form (if applicable).

19) Attachment O – Sexual Harassment Prevention Certification: Complete and return with bid.

20) Attachment P – Gender-Based Violence and the Workplace Certification: Complete and return with bid (model policy available upon request to the designated contact).

21) Attachment Q – Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia: Complete and return with bid.

22) Proof of insurance and licensing as stated in the OMH contract boilerplate.

23) If required, provide verification of being registered to conduct business in New York State or State of Corporate main office. For NYS verification, go to NYS Department of State at www.dos.ny.gov; for any other state, go to that state’s licensing agency.

24) Submit proof of coverage for New York State Workers’ Compensation & Disability Benefits Insurance as explained in Section 10 of this IFB.

12. New York State Worker Compensation & Disability Benefits Insurance Requirements:

A. Workers’ Compensation Requirement: Section 57 of the New York State Workers Compensation Law (WCL) requires that State and municipal entities prior to entering into a contract must ensure that the contractor applying for that contract has appropriate New York State Workers’ Compensation Insurance coverage.

Therefore, as part of your bid submission, you must provide one of the following forms to meet this requirement. Failure to submit one of these forms may result in rejection of your bid.

1) CE-200 Certificate of Attestation For New York Entities With No Employees And Certain Out Of State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage Is Not Required:

Form CE-200 can be filled out electronically on the New York State Workers Compensation Board’s website, http://www.wcb.ny.gov/ , under the heading “Forms.” Applicants filling electronically are able to print a finished Form CE-200 immediately upon, completion of the electronic application. Applicants without access to a computer may obtain a paper application for the CE-200 by writing or visiting the Customer Service Center at any District Office of the Workers Compensation Board. Applicants using the manual process may wait up to four (4) weeks before receiving a CE-200.

OR

2) C-105.2 Certificate of Workers’ Compensation Insurance (the contractor’s insurance carrier provides this form) PLEASE NOTE: The New York State Insurance Fund provides its own version of this form, the U-26.3;

OR

3) SI-12 Certificate of Workers’ Compensation Self-Insurance (To obtain this form, the contractor needs to call the New York State Workers’ Compensation Board, Self-Insurance Office at 518- 402-0247), OR GSI-105.2 – Certificate of Participation in Workers’ Compensation Group Self- Insurance (The Contractors Group Self-Insurer will provide this form).

B. Disability Benefit Insurance Requirement: Section 220(8) of the New York State Workers’ Compensation Law (WCL) requires that State and municipal entities prior to entering into a contract must ensure that the contractor applying for that contract has appropriate New York State disability benefits insurance.

All bidders as part of their bid submission must submit one of the following forms in order to meet this requirement. Failure to provide one of these forms may result in your bid being disqualified.

1) CE-200 Certificate of Attestation For New York Entities With No Employees And Certain Out Of State Entities, That New York State Workers Compensation And/or Disability Benefits Insurance Coverage Is Not Required:

Form CE-200 can be filled out electronically on the New York State Workers Compensation Board’s website, http://www.wcb.ny.gov/ , under the heading “Forms.” Applicants filling electronically are able to print a finished Form CE-200 immediately upon, completion of the electronic application. Applicants without access to a computer may obtain a paper application for the CE-200 by writing or visiting the Customer Service Center at any District Office of the Workers Compensation Board. Applicants using the manual process may wait up to four (4) weeks before receiving a CE-200.

OR

2) DB-120.1 Certificate of Disability Benefits Insurance (the contractor’s insurance carrier provides this form);

OR

3) DB-155 Certificate of Disability Benefits Self-Insurance (To obtain this form the contractor needs to call the New York State Workers Compensation Board’s Self-Insurance Office at 518-402-0247).

13. Additional Insurance Requirement:

Prior to the start of work, the Contractor shall procure at its sole cost and expense, and shall maintain in force at all times during the term of this Agreement, policies of insurance as herein below set forth, written by companies authorized by the New York State Insurance Department to issue insurance in the State of New York with an A.M. Best Company rating of ―A-‖ or better. The OMH may, at its sole discretion, accept policies of insurance written by a non-authorized carrier or carriers when Certificates and/or other policy documentation is accompanied by a completed Excess Lines Association of New York (ELANY) Affidavit; provided that nothing herein shall be construed to require the Agency to accept insurance placed with a non-authorized carrier under any circumstances.

The Contractor shall deliver to OMH evidence of such policies in a form acceptable to the OMH. These policies must be written in accordance with the requirements of the paragraphs below, as applicable.

General Conditions

A. Conditions Applicable to Insurance. All policies of insurance required by this agreement must meet the following requirements:

1) Coverage Types and Policy Limits. The types of coverage and policy limits required from the Contractor are specified in Appendix G, of the contract boilerplate.

2) Policy Forms. Except as may be otherwise specifically provided herein or agreed in writing by OMH, policies must be written on an occurrence basis. Under certain circumstances, the OMH may elect to accept policies written on a claims-made basis provided that, at a minimum, the policy remains in force throughout the performance of the services and for three (3) years after completion of the Contract. If the policy is cancelled or not renewed during that time, the Contractor must purchase at its sole expense Discovery Clause coverage sufficient to complete the 3-year period after completion of the Contract. Written proof of this extended reporting period must be provided to the Agency prior to the policy’s expiration or cancellation.

3) Certificates of Insurance/Notices. Contractor shall provide a Certificate or Certificates of Insurance, in a form satisfactory to the OMH, before commencing any work under this contract.

Certificates shall reference the Contract Number. Certificates shall be e-mailed to the designated contact or mailed to:

NYS Office of Mental Health

Bureau of Procurement Enterprise Services 75 New Scotland Avenue, Unit R - Lower

Albany, NY 12208

Unless otherwise agreed, policies shall be written so as to include a provision that the policy will not be canceled, materially changed, or not renewed without at least thirty (30) days prior written notice except for non-payment as required by law to the OMH to the attention of the address listed above. In addition, if required by the OMH, the Contractor shall deliver to the OMH within forty-five (45) days of such request a copy of any or all policies of insurance not previously provided, certified by the insurance carrier as true and complete.

Certificates of Insurance shall:

a. Be in the form approved by OMH.

b. Disclose any deductible, self-insured retention, aggregate limit or any exclusion to the policy that materially changes the coverage required by the contract.

c. Specify the Additional Insureds and Named Insureds as required herein.

d. Refer to this Contract by number, the Supplemental Certificate, and any other attachments on the face of the certificate,

e. When coverage is provided by a non-admitted carrier, be accompanied by a completed ELANY Affidavit, and

f. Be signed by an authorized representative of the insurance carrier or producer.

Original, copies, faxed, and electronic documents (Certificates of Insurance, Supplemental Insurance Certificates and other attachments) will be accepted.

4) Primary Coverage: All insurance policies shall provide that the required coverage shall apply on a primary and not on an excess or contributing basis as to any other insurance that may be available to the OMH for any claim arising from the Contractor’s Work under this contract, or as a result of the Contractor’s activities. Any other insurance maintained by the OMH shall be excess of and shall not contribute with the Contractor’s insurance regardless of the ―other insurance clause contained in the Agency’s own policy of insurance.

5) Policy Renewal/Expiration: At least two (2) weeks prior to the expiration of any policy required by this contract, evidence of renewal or replacement policies of insurance with terms no less favorable to the OMH than the expiring policies shall be delivered to the OMH in the manner required for service of notice in Paragraph A.3. Certificates of Insurance/Notices above. If, at any time during the term of this contract, the coverage provisions and limits of the policies required herein do not meet the provisions and limits set forth in the Contract or proof thereof is not provided to the OMH, the Contractor shall immediately cease Work on the Project. The Contractor shall not resume Work on the Project until authorized to do so by the OMH. Any delay, time lost, or additional cost incurred as a result of the Contractor not having insurance required by the Contract or not providing proof of same in a form acceptable to the OMH, shall not give rise to a delay claim or any other claim against the OMH. Should the Contractor fail to provide or maintain any insurance required by this contract, or proof thereof is not provided to the OMH, the OMH may withhold further contract payments, treat such failure as a breach or default of the contract, and/or, after providing written notice to the Contractor, require the Surety, if any, to secure appropriate coverage and/or purchase insurance complying with the Contract and charge back such purchase to the Contractor.

6) Self-Insured Retention/Deductibles: Certificates of Insurance must indicate the applicable deductible/self-insured retention on each policy. For Construction contracts – General, Environmental, and/or Builders’ Risk deductibles or self-insured retentions above $100,000 are subject to approval from the OMH. Additional surety/security may be required in certain circumstances. The Contractor shall be solely responsible for all claim expenses and loss payments within the deductible or self-insured retention.

7) Subcontractors: Should the Contractor engage a Subcontractor, the Contractor shall endeavor to impose the insurance requirements of this document on the Subcontractor, as applicable.

Required insurance limits should be determined commensurate with the work of the Subcontractor. Proof thereof shall be supplied to the OMH.

14. Background Checks and Requirements for Contractor providing services in OMH-operated Facilities:

A. If the CONTRACTOR is providing services described in Appendix D, Program Work Plan, in his or her individual capacity such that the CONTRACTOR will have regular and substantial contact with any person who is receiving services or support from OMH:

1) CONTRACTOR agrees to be screened by OMH against the Staff Exclusion List (“SEL”) and Statewide Child Abuse Registry List (“SCR”) in accordance with Social Services Law Sections 424-a and 495. In the event that SCR notifies OMH of the existence of an indicated report, CONTRACTOR agrees to provide written consent to the SCR to release to OMH any and all information SCR has regarding CONTRACTOR. CONTRACTOR shall provide such additional information as OMH, in its sole discretion, deems necessary to permit OMH to make a determination about CONTRACTOR’s suitability to provide the contract services. Any fees associated with this procedure will be paid by the OMH Facility.

2) By signing this Agreement, CONTRACTOR represents and warrants that:

i. CONTRACTOR has not previously engaged in any act in violation of any law which could compromise the health and safety of Facility patients.

ii. During the term of this Agreement, CONTRACTOR shall not engage in any act in violation of any law which could compromise the health and safety of Facility patients.

3) Prior to being permitted to provide services under this Agreement, CONTRACTOR shall execute the Justice Center Code of Conduct as required by the Protection of People with Special Needs Act. A copy of the Justice Center Code of Conduct can be found at the following link:

http://www.justicecenter.ny.gov/sites/default/files/documents/CodeOfConductForm-002.pdf

4) OMH may terminate the Agreement for cause immediately in the event that:

i. CONTRACTOR is listed on the SEL;

ii. CONTRACTOR fails to provide consent for release of information from SCR as required in subparagraph (a) above;

iii. CONTRACTOR fails to provide such additional information as OMH, in its sole discretion, deems necessary to permit OMH to make a determination about CONTRACTOR’s suitability to provider for the contract services;

iv. OMH, in its sole and absolute discretion, determines that CONTRACTOR is not suitable to provide the contract services based on information in the SCR or supplemental information provided by CONTRACTOR;

v. OMH receives reliable information that, prior or during the term of the Agreement, CONTRACTOR has engaged in an act in violation of the law which, in OMH’s sole and absolute discretion, could compromise the health and safety of Facility patients;

vi. CONTRACTOR fails to execute, or following execution, to comply with the required Justice Center Code of Conduct;

5) Prior to terminating the Agreement for cause as provided in subparagraph D(3)-(6) above, OMH shall provide CONTRACTOR with written notice and an opportunity to be heard. Contractor shall be suspended from performing services under the Agreement pending OMH’s final determination regarding termination.

B. If the CONTRACTOR provides the services described in Appendix D, via employees, agents, or subcontractors (subject individuals), wherein the subject individuals will have regular and substantial contact with any person who is receiving services or supports from OMH:

1) CONTRACTOR shall assure that the subject individuals agree to be screened by OMH against the SEL and SCR in accordance with Social Services Law Sections 424-a and 495. In the event that SCR notifies OMH of the existence of an indicated report, CONTRACTOR agrees that subject individual must provide written consent to the SCR to release to OMH any and all information SCR has regarding the subject individual. CONTRACTOR hall ensure that subject individuals provide such additional information as OMH, in its sole discretion, deems necessary to permit OMH to make a determination about subject individual’s ability to provide services to OMH patients. Any fees associated with this procedure will be paid by the OMH Facility.

2) CONTRACTOR, solely at its own expense, shall pre-screen and conduct background checks which shall consist of an investigation to determine evidence of criminal history; verification of education, professional license, certification or other credentials required. CONTRACTOR assumes responsibility for ensuring that no subject individual has previously engaged in any act in violation of any law which could compromise the health and safety of Facility patients.

3) CONTRACTOR must assure that subject individuals agree to read and sign the Justice Center Code of Conduct.

4) OMH reserves the right to bar any subject individual from performing contract services under this Agreement in the event that such individual fails to meet the requirements set forth herein. OMH may terminate the Agreement for cause immediately in the event that CONTRACTOR is unable to provide services to the OMH facility via a subject individual who has complied with all requirements identified in items (i) – (iii) above.

15. Reserved Rights:

The New York State Office of Mental Health reserves the right to:

A. Withdraw the IFB at any time, at its sole discretion;

B. Disqualify any Bidder whose conduct and/or bid submission fails to conform to the requirements set forth in the IFB;

C. Seek clarifications and revisions of bid;

D. Use bid information obtained through site visits, management interviews, investigation of a Bidder’s qualifications, experience, ability or financial standing, and any material or information submitted by the Bidder in response to the OMH’s request for clarifying information in the course of evaluation and/or selection under this bid;

E. Prior to the bid due date, amend bid specifications to correct errors or oversights, or to supply additional information as it becomes available;

F. Change any of the scheduled dates stated herein;

G. Conduct contract negotiations with the next responsible Bidder should the OMH be unsuccessful in negotiating with the selected Bidder. This is to include completion of all required documents and signature of the contract;

H. Adjust or correct cost or cost figures with concurrence of the Offeror if mathematical or typographical errors exist;

I. Wave requirements or amend this IFB upon notification to all Offerors. Mandatory requirements may be eliminated if unmet by all Offerors;

J. Reject any or all bids received in response to this IFB;

K. Make an award under this IFB in whole or in part;

L. Prior to the bid due date, direct Bidders to submit proposal modifications addressing subsequent amendments/modifications to this IFB;

M. Eliminate any mandatory, non-material specifications that cannot be complied with by any of the prospective Bidders, and waive any requirement of this IFB that are not material;

N. Negotiate with the successful Bidder within the scope of this IFB, in the best interests of the State;

O. 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 Offeror’s bid and/or to determine an Offeror’s compliance with the requirements of the solicitation;

P. Utilize any and all ideas submitted in the bids received.

16. Consultant Disclosure Legislation:

In 2006 the NYS State Finance Law was amended to require State contractors who provide consulting services to disclose, by employment category, the number of persons employed to provide services under a contract for consulting services, the number of hours worked and the amount paid to the contractor by the State as compensation for work performed by these employees. This will include information on any persons working under any subcontracts with the State contractor. Under this law consulting services contracts have been defined as any contract entered into by a State Agency for analysis, evaluation, research, training, data processing, computer programming, engineering, environmental health, and mental health services, accounting, auditing, paralegal, legal, or similar services.

In order to comply with this law the Bidder must complete the attached Attachment I: Consulting Form A.

A. Consulting Form A – If applicable, this form will need to be submitted by all Bidders of this procurement and shall be included in the bid packet. The purpose this form is to capture the necessary planned employment information prospectively from the start date of the contract through the end of the contract term.

17. Bid Confidentiality:

All bids submitted for OMH’s consideration will be held in confidence. However, the resulting contract is subject to New York State Freedom of Information Law (FOIL). Therefore, if a Bidder believes that any information in its bid constitutes a trade secret or should otherwise be treated as confidential and wishes such information not to be disclosed if requested, pursuant to FOIL. (Article 6 of the Public Officer’s Law), the Bidder shall submit with its bid a separate letter specifically identifying the page number(s), line(s), or other appropriate designation(s) containing such information, explaining in detail why such information is a trade secret and formally requesting that such information be kept confidential. Failure by a Bidder to submit such a letter with its bid identifying trade secrets will constitute a waiver by the Bidder of any rights it may have under Section 89(5) of the Public Officers’ Law relating to protection of trade secrets. The proprietary nature of the information designated confidential by the Bidder may be subject to disclosure if ordered by a court of competent jurisdiction. A request that an entire bid be kept confidential is not advisable since a bid cannot reasonably consist of all data subject to FOIL proprietary status.

18. Contract Payment:

All contractors are required to participate in the Electronic Payment program offered by the NYS Office of the State Comptroller (OSC). Payment for invoices submitted by contractors will only be rendered electronically unless payment by paper check has been expressly authorized by OMH’s Office of Financial Management, at OMH’s sole discretion, due to extenuating circumstances. Electronic payments will be made in accordance with ordinary State procedures and practices. Contractors shall comply with the State Comptroller’s procedures to authorize electronic payments. For additional information and to apply for Electronic Payments, the CONTRACTOR is directed to the following web site:

http://www.osc.state.ny.us/epay/index.htm.

19. Contract Specifications

The OMH contract boilerplate is included with this IFB and contains additional specifications. All terms contained therein apply to this solicitation. The Bidder selected for award under this solicitation is expected to enter into a contract substantially in accordance with the form, terms, and conditions set forth in the attached boilerplate.

20. Extraneous Terms

Bids shall conform to the terms set forth in this solicitation and associated OMH contract boilerplate.

Material deviations may render the bid nonresponsive and may result in the rejection of the bid. Extraneous terms proposed by a Bidder for consideration shall be submitted using the format and process set forth in this solicitation. Any Bidder submissions on standard, pre-printed forms, such as, but not limited to, product literature, order forms, license agreements, contracts, or other documents that are attached or referenced with submissions shall not be considered part of the bid or resulting Contract but shall be deemed included for informational or promotional purposes only. Only extraneous terms accepted by the OMH, in writing, shall be expressly incorporated into the Contract. Acceptance and/or processing of a Bid shall not constitute acceptance of extraneous terms. OMH cannot entertain any exceptions to Appendix A, Standard Clauses for New York State Contracts.

21. Debriefing:

A debriefing is available to any entity that submitted a proposal or bid in response to a solicitation. A Bidder will be accorded fair and equal treatment with respect to its opportunity for debriefing. A Debriefing must be requested in writing by the entity within fifteen (15) calendar days of OMH notifying of Bidder Selection/Non-Selection. A Bidder’s written request for a debriefing shall be submitted to the designated contact indicated in Section 2. The debriefing shall occur within ten (10) days of OMH’s receipt of this request or as soon after that time as practicable under the circumstances.

22. Protest Procedure:

A Bidder wishing to challenge the selection of a firm for contract award must send a Notice of Protest on business letterhead, within seven (7) business days of notice of a contract being awarded, to the OMH designated contact in Section 2 of this IFB. If a request for a debriefing is received by OMH as set forth in Section 20 of this IFB, then a Notice of Protest is due within two business days after the debriefing session occurs.

The Notice of Protest must include at a minimum the following information: (a) Contract number and title,

(b) the specific factual and/or legal allegations setting forth the basis on which the protesting party challenges the contract award, and (c) a contact name, address, and e-mail address to which OMH may address its Protest Determination.

OMH will review the Notice of Protest, and within fifteen (15) business days notify the protesting party of its Protest Determination. If OMH requires additional time, then it will notify the protesting party within the above stated fifteen (15) business days. OMH may summarily deny a protest that fails to contain specific factual or legal allegations. Upon receipt of OMH’s Protest Determination, the protesting party may file an appeal with the Office of the State Comptroller (OSC). The process for filing such an appeal is set forth at:

https://www.osc.state.ny.us/agencies/guide/MyWebHelp/Content/XI/17.htm

23. Iran Divestment Act:

As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Bidder/Contractor (or any assignee) certifies that it is not on the "Entities Determined To Be Non- Responsive Bidders/Offerors Pursuant to The New York State Iran Divestment Act of 2012" list ("Prohibited Entities List") posted on the OGS website at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on such Contract any subcontractor that is identified on the Prohibited Entities List.

Additionally, Bidder/Contractor is advised that should it seek to renew or extend a Contract awarded in response to the solicitation, it must provide the same certification at the time the Contract is renewed or extended. By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Bidder/Contractor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list.

During the term of the Contract, should OMH receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, OMH will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then OMH shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the Contractor in default.

OMH reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

24. Executive Order No. 22: Leading by Example: Directing State Agencies to Adopt a Sustainability and Decarbonization Program

As set forth in Executive Order No. 22 (EO22), the State of New York is dedicated to the pursuit of environmental quality, sound public health, economic prosperity, and social well-being. In recognition that the State's procurement of commodities, services, and technology can be enhanced through State agency and public authority choices that minimize the negative environmental and health impacts of their operations, OMH encourages the Bidder/Contractor to make good faith efforts to provide commodities, services and technology solutions that are consistent with the provisions set forth in EO22, with a particular focus on GreenNY specifications.

A copy of EO22 is available at https://www.governor.ny.gov/executive-order/no-22-leading-example-directing-state-agencies-adopt-sustainability-and.

A list of GreenNY specifications are available at https://ogs.ny.gov/greenny/approved-greenny-specifications.

THIS SPACE INTENTIONALLY LEFT BLANK

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BID SUBMISSION CHECKLIST

OMH reserves the right to disqualify any bids that do not contain the mandatory items as specified for this Solicitation and the resulting Contract. Bidders should use the following checklist when submitting bids and include all required documents with bid proposals (mark the box to indicate inclusion of the documents):

Required document Type of Submission Included with Bid

Submission Attachment C:

Solicitation Cover Sheet

Include the completed hard copy (found on page 25 in this document).

Proof of required experience:

As required in the item 9.C.2 requirements, include proof of being in business performing the specific services required

Acceptable proof includes certification of incorporation or similar documentation illustrating the date that the business was legally established

Form ST-220 CA: Complete this form to certify that Form ST-220-TD has been filed with NYS Tax Department.

Use the link provided in Section 9.C.3 to access the latest revision of the required form.

Attachment D:

Bid Quote Sheet

Include a signed original (found on page 26 in this document).

Attachment E:

Non-Collusive Bidding Certification

Provide a signed and notarized original (found on page 28 of this document).

Attachment F:

Business References

Include three references on form provided on page 31 of this document.

Attachment G:

Vendor Responsibility Questionnaire

Submit either hard copy questionnaire or be sure to update the VendRep online questionnaire using NYS VendRep System if applicable.

Vendor Responsibility Certification Indicate format utilized by checking appropriate box on page 32 of this document.

Vendor Registration Requirement Include the completed Substitute Form W-9. Use the link on page 32 to access, complete, and download the required form.

Attachment H: Form A If applicable, complete and return this form with your bid.

Attachment J-1:

Offeror’s Affirmation of Understanding

Provide the signed original (found on page 35 in this

Attachment J2:

OMH Offeror Disclosure of Prior Non- Responsibility Determinations

Include the signed original (found on page 36 in this

Attachment K - EEO Forms Attachment K - EEO Employment Opportunity Staffing Plan

Attachment - A-2: MWBE/EEO Policy Statement Submit a completed and signed Attachment A-2 MWBE/EEO Policy Statement

Attachment A-3 and Attachment N:

New York State Business Usage

Submit a completed and signed Attachment A-3 (page 22) and Attachment N (page 39).

Attachment O:

Sexual Harassment Prevention Certification

Submit a completed and signed Attachment O (page 40).

Attachment P:

Gender-Based Violence and the Workplace Certification

Submit a completed and signed Attachment P (page 41)

Attachment Q:

Prohibiting State Agencies from Contracting with Businesses Conducting Business in Russia

Submit a completed and signed Attachment Q (page 51)

Workers’ Compensation/NYS Disability Coverage required forms

If required, include verification of required coverage.

Liability Insurance Coverage If required, include verification of required coverage.

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ATTACHMENT A

CONTRACTOR REQUIREMENTS AND PROCEDURES FOR BUSINESS PARTICIPATION OPPORTUNITIES FOR

VENDORS CERTIFIED PURSUANT TO ARTICLE 15-A AND 17-E

NEW YORK STATE LAW

Pursuant to New York State Executive Law Article 15-A and 5 NYCRR 140-145 OMH recognizes its obligation under the law to promote opportunities for maximum feasible participation of certified minority-and women-owned business enterprises and the employment of minority group members and women in the performance of OMH contracts.

In 2006, the State of New York commissioned a disparity study to evaluate whether minority and women-owned business enterprises had a full and fair opportunity to participate in state contracting. The findings of the study were published on April 29, 2010, under the title "The State of Minority and Women-Owned Business Enterprises:

Evidence from New York" (“Disparity Study”). The report found evidence of statistically significant disparities between the level of participation of minority-and women-owned business enterprises in state procurement contracting versus the number of minority-and women-owned business enterprises that were ready, willing and able to participate in state procurements.