Lab Services RFR Final.docx

The Commonwealth of Massachusetts Executive Office of Health and Human Services

DEPARTMENT OF MENTAL HEALTH

Document Title: Request for Response For Master Agreement For General Reference Laboratory Service Providers

Commbuys Bid#: BD-18-1022-DMH08-8210C-28120

DMH Document Number: 2019-8210-LAB-SERV-MA

Date: June 4, 2018

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

Address: Department of Mental Health Central Office 25 Stanford Street Boston, MA 02114 Email: Jerome.Collins@state.ma.us

Table of Contents

Supplier Diversity Plan Form #1 Commonwealth Terms and Conditions Commonwealth of Massachusetts Standard Contract Form and Instructions Authorized Signatory Listing Authorization for Electronic Funds Payment MA Form W-9 Operational Services Division (SOD) RFR Required Specifications for Commodities and Services (June 6, 2017) Instructions for submitting a bid on COMMBUYS Business Reference Form False Claims Memorandum RFR Coversheet

Attachment A: DMH Areas, the communities they serve and the facilities located within each Area.

Attachment B: List of DMH Facilities that Require Routine Pick-Up Schedules Attachment C: List of DMH Facilities Requiring Phlebotomy Services and Estimated Volume.

Attachment D: Contractor Price Sheet Attachment E: Bidder Qualifications and Service Response Requirements

Department of Mental Health Request For Response For Master Agreement For General Reference Laboratory Service Providers June 2018

SECTION 1 INTRODUCTION AND GENERAL DESCRIPTION

1.1 Issuing Entity/COMMBUYS

Issuing Entity: Department of Mental Health

Document Title: Request For Response For Master Agreement For General Reference Laboratory Service Providers

COMMBUYS Bid#: BD-18-1022-DMH08-8210C-28120

DMH Document Number: 2019-8210-LAB-SERV-MA-01

Date: June 4,- 2018

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

Address: Department of Mental Health Central Office, Room 3097 25 Staniford Street Boston, Ma 02114 Email: Jerome.Collins@state.ma.us

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

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

1.2 Description and Purpose of Procurement

The Massachusetts Department of Mental Health (DMH) is seeking to establish a pool of general reference laboratory service providers (GRLSP) from which the five Areas of the Department can purchase clinical referenced laboratory testing services on an as needed basis. DMH will enter into a contract with all qualified providers able to serve DMH statewide or one or more DMH Areas and the providers awarded contacts will be included on the Master Agreement (MA). If and when a DMH Area determines that it needs to purchase general referenced laboratory testing services it will do so from a provider(s) on the MA for that Area or statewide. The Area will enter into a Statement of Work (SOW) with a provider for this purpose. Each SOW will specify the services being purchased (e.g., test types; maximum number of each test type that can be billed under the SOW; and the DMH Office responsible for the oversight of the SOW and for processing billing; etc.).

General Referenced Laboratory Testing Services, for purpose of this RFR includes, but is not limited to, medical clinical lab testing and phlebotomy services, obtaining specimens at designated sites, processing specimens on site, if needed, transporting specimens, analyzing, reporting results, training, and supporting DMH staff. Any laboratory testing of a human specimen, excluding testing on cadavers, that a General Referenced Laboratory Service Provider can provide, can be purchased under the scope of this Contract. This Solicitation does not cover the testing of plants, animals, birds, reptiles, fish, air, soil and water, etc. See Section 5 for more details on the General Referenced Laboratory Services being procured.

DMH makes no guarantee that any of its Areas will purchase General Laboratory Testing Services from qualified providers on the MA. DMH retains the right to obtain General Reference Laboratory Services from other sources when it is in the best intest of the Department do so. However, the MA will be the primary procurment used by DMH for these services and it will be availabe for use by all designated eligible enties. Each eligible entinty is responsible for executing its own Statement of Work and payings its own invoices for goods and/or services acquired from qualfied providers on the Master Agreeent. Contractors will be responsible for marketing their goods and/or services to Commonwealth EOHHS agencies and other eligibe entities (see subsection 1.5).

1.3 Applicable Procurement Law

This Bid is issued under the following law(s): MGL c. 29, §29B; st. 1993, c.110, S. 274, as amended; MGL c. 7, §22; 801 CMR 21.00.

1.4 Number of Awards and Ability to Reopen

DMH expects to make multiple contract awards as a result of this RFR.

1.5 Eligible Entities

· Executive Office of Health and Human Service Agencies The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

1.6 Acquisition Method(s)

__X___ Fee For Service ______ Other:

1.7 MA and Statement of Work Duration

The duration of a contract issued during the first response period is as follows:

Initial Duration

5 years

Total Maximum Contract Duration

The duration of a contract awarded after the first response period, will depend on when the particular contract is awarded. If the contract is awarded during the first five years of this procurement being opened, the initial duration potentially will be from its effective date (as defined in Subsection 9.2) until June 30, 2023. DMH will then have five one year options to renew the MA. DMH reserves the right to exercise one or more options to renew at any time. If a contract is awarded after June 30, 2023, its potential duration will be from its effective date (as defined in Subsection 9.2) until the termination of the procurement.

The duration of any SOW entered into by a DMH Area to purchase services from a qualified provider on the MA will be negotiated at the time of execution of the SOW; provided, however, that the duration of a SOW cannot extend beyond the applicable qualified provider’s contract.

All contracts executed as a result of this RFR; renewals and SOWs are subject to appropriations and the performance of the qualified provider on an on-going basis.

1.8 Ownership of Submitted Quotes

DMH is under no obligation to return any Responses/Quotes or materials submitted by a Bidder in response to this Bid. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidders. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in Bidder’s Responses/Quotes, whether or not the Response/Quote is selected for Contract award.

Responses/Quotes stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active.

1.9 Prohibitions

Bidders are prohibited from communicating directly with any employee of DMH regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person using the contact information provided in Subsection 1.1 if this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should email the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or call during normal business hours (8AM – 5PM Monday – Friday) at 1-888-627-8283 or 617-720-3197.

In addition to the certifications found in the Commonwealth’s Standard Contract Form, by submitting a Response/Quote, the Bidder certifies that the Response/Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course of action with, any other Bidder of the commodities and/or services described in the RFR.

SECTION 2 ESTIMATED PROCUREMENT TIMETABLE

2.1 Procurement Timetable

Bidders’ Conference There will be ___ Bidders’ Conference:

Date:

Time:

Location:

Not Applicable

Subsequent Responses: After the First Response Period, questions will be responded to at least once every state fiscal quarter, if necessary.

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

A Master Agreement list of all qualified providers awarded contracts will be maintained on COMMBUYS, by DMH Area(s) for which they are qualified to provide services and/or by statewide.

Statement of Works (SOWs) with qualified providers on the Master Agreement (MA) will be negotiated and executed by DMH Areas as needed.

2.2 Written Questions Via the Bid Q&A on COMMBUYS

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

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

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

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

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

Locating Bid Q&A:

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

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

2.3 RFR Amendment or Cancellation

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

This RFR does not commit DMH to award a MA or a SOW or to pay any costs incurred in the preparation of a Bidder’s response. DMH reserves the right to accept or reject any and all responses received as a result of this RFR, to negotiate with any or all qualified Bidders and to cancel in part or in its entirety the RFR if it is in the best interest of DMH to do so.

2.4 Bidders’ Conference (In Person) and Site Visit

The Bidders’ Conference (if applicable) being offered is a physical conference conducted by DMH for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. Attendance is optional. The current place and date for the Bidders’ Conference is set forth in Subsection 2.1. Please refer to the COMMBUYS website for any updated information.

2.5 Reasonable Accommodations

Bidders with disabilities or hardships that seek reasonable accommodations should submit a written request by email, fax or mail to the DMH Contact Person named in Subsection 1.1. For what needs to be included in the request and more information on Reasonable Accommodations please see the OSD RFR-Required Specifications For Commodities and Services included in the Attachment Section of this Bid’s COMMBUYS file.

SECTION 3 DMH MISSION STATEMENT AND SERVICE PRINCIPLES

DMH’s vision and mission statements and principles are as follows:

Vision

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

Mission Statement

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

DMH Service Principles

Central to the development and implementation of all DMH services is a commitment to:

· Promote Recovery and Empowerment by providing services that promote a process of change through which individuals improve their health and wellness, live a self-directed life, and strive to reach their full potential. Services are oriented toward the four major dimensions that support a life in recovery: health, home, purpose and community (SAMHSA Recovery and Recovery Support).

· Promote Overall Health and Well-being by addressing the Eight Dimensions of Wellness, identified by SAMHSA: Emotional, Environmental, Financial, Intellectual, Occupational, Physical, Social and Spiritual (SAMHSA Eight Dimensions of Wellness).

· Incorporate a Person- and, when relevant and requested, a Family- Centered Approach into all assessments, treatment planning, interventions and interactions with individuals served. A person-centered approach is sensitive to and responsive to age, culture, language, sexual orientation, gender identity and expression, parental status, aspirations and other unique needs of the individuals served.

· Incorporate Family-Focused Care to support family members and other people of the individual’s choosing in their natural caregiving roles and ensure family collaboration and choice in decisions which affect the individual.

· Integrate a Trauma Informed Approach to the delivery of services, including an understanding of trauma and an awareness of the impact it can have across settings, services and populations. This approach includes realizing the prevalence of trauma, recognizing how trauma affects all individuals, responding by putting knowledge about trauma into practice and resisting re-traumatization (SAMHSA Trauma Informed Care in Behavioral Health).

· Promote Cultural and Linguistic Competence through a set of behaviors, attitudes and policies that come together in a system or agency to understand and respond to the cultural and linguistic needs of Person Served thereby enabling effective service delivery. This includes communicating effectively with people whose preferred language is not the same as the provider’s, those who are illiterate, have low literacy skills and/or those with communication disabilities. It is an aspirational goal that involves a continual process of learning, personal growth, experience, education and training (Standards for Cultural and Linguistically Appropriate Services (CLAS)).

· Incorporate Evidence Based and Promising Practices that integrate clinical expertise, expert opinion, external scientific evidence, and perspectives of individuals receiving services and their families so that providers can offer high-quality services that reflect the interests, values, needs, and choices of the individuals served (https://www.samhsa.gov/ebp-web-guide).

SECTION 4 BIDDER QUALIFICATIONS

To be determined as qualified, a Bidder must meet the Entity and Fiscal Requirements of this Subsection 4.1 and be capable of and have a reasonable plan for providing the services described in Section Five. A Bidder may be qualified to provide services statewide or for one or more DMH Areas (see Attachment A). A Bidder that is qualified for one or more DMH Areas, but not the entire state, may file additional responses during the term of the procurement to be determined qualified under the MA for additional DMH Areas or statewide.

The DMH Procurement Manager has the right, at any time during the process, to require a provider on the MA to provide additional proof of its qualifications and capacity to meet the needs of DMH.

4.1 Entity Requirements

4.1.1 Licensing and Accreditation. To be included on the Master Agreement and awarded a contract, a provider must operate a reference laboratory in Massachusetts that (1) is both CLIA (Clinical Lab Improvement Amendment) and College of American Pathologist (CAP) accredited; (2) holds a Massachusetts Clinical Laboratory licensed issued by the Department of Public Health (Clinical Laboratory Program); (3) is certified to participate in the Medicare program under Title XVIII of the Social Security Act; (4) is approved by the Joint Commission or other appropriate accrediting body, and (5) is approved by the US Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration and the National Institute of Drug Abuse. DMH must be notified of any current CLIA and Massachusetts certification/licensing deficiencies or actions and any other licensing /certification issues that may arise during the term of the MA if they are related to services preformed specifically for DMH.

4.1.2 Experience. A provider must have at least three (3) years of experience providing General Referenced Laboratory Testing Services and provide a vast range of laboratory testing services. If a Bidder wants to be determined qualified for services statewide or in an Area that has a facility that requires phlebotomy services (Attachment C), the Bidder must have at least three (3) years of experience providing phlebotomy services.

4.1.3 Service Area and Provider Facility Location. A provider must be able to provide laboratory services to all DMH locations in the communities within the DMH Area for which it seeks to be qualified (see Attachment A); or all DMH locations with the Commonwealth of Massachusetts if seeking to be qualified statewide. Laboratory services include the pick-up of routine and STAT specimens, transporting such to the provider’s laboratory, testing and result reporting as specified in Section 5.

4.2 Fiscal Requirements

A Contractor must meet the requirements set forth in this Subsection.

4.2.1 Sound Fiscal Condition. A provider must be of sound financial condition as determined by DMH. DMH reserves the right to request additional financial information from a Bidder/Contractor, at any time throughout the procurement or duration of its MA, if DMH determines that such information is necessary to determine that the provider is or continues to be in sound financial condition.

4.2.3 Good Standing. If incorporated, a provider must be in good standing in and be in compliance with all filing requirements of the state of incorporation and with the Commonwealth of Massachusetts.

4.2.4 Tax Compliance. A provider must be in compliance with all federal and Massachusetts tax laws.

4.2.5 Debarment. A provider must not be subject to a federal or state debarment order. DMH cannot award a MA to a provider that is currently subject to a Massachusetts or federal debarment order.

4.2.6 Electronic Funds Transfer (EFT). A provider that is determined qualified must participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments. For more information on EFT see the OSD RFR-Required Specifications for Commodities and Services included in the Attachment Section of the RFR’s COMMBUYS file.

4.3 Liability Coverage

Providers that enter into a contract with DMH to be added to the MA must provide and maintain at its own expense, during the term of its contract Professional Liability Coverage – Coverage shall be written subject to limits no less than $1,000,000 per occurrence and $3,000,000 aggregate. If coverage is lost or reduced below the specified limits, DMH must be notified and the contract may be canceled by DMH.

At the time of entering into a contract with DMH, a provider must give DMH a certificate of Insurance certifying that the required insurance has been obtained. In addition, a certified copy of the policy must be provided on request.

4.4 Required Forms

A Bidder must complete, sign and submit all required forms, in accordance with Section 7. The following forms can be found in this bid’s COMMBUYS posting:

· Commonwealth of Massachusetts Standard Contract Form and Instructions;

· Commonwealth of Massachusetts Terms and Conditions;

· Massachusetts Substitute W-9 form – Request for Taxpayer Identification Number and Certification;

· Contractor Authorized Signatory Listing – note: DMH requires both pages and the second page must be notarized;

· Authorization for Electronic Funds Payment (EFT);

· RFR Cover Sheet;

· Supplier Diversity Program Plan Form #1; and

· Business Reference Form.

SECTION 5 SERVICE SPECIFICATIONS

5.1 Service Area

To be determined qualified, providers must be able to serve at least one DMH Area (including all DMH facilities and DMH locations within the Area). Providers will be qualified by Area(s) or Statewide. See Attachment A for a list of DMH Areas, the communities they serve and the facilities located within each Area. A provider may elect to be qualified for more than one DMH Area or statewide. A provider must specify in its response the DMH Area(s) it seeks to be determined qualified for under the MA. If a provider is determined qualified for one or more Areas and it wants to qualify for additional Areas at any time during the duration of this RFR, it may do so by filing a new Response for the additional Area(s).

Laboratory services include the pick-up of Routine and STAT specimens, transporting them to the provider’s labs, testing and reporting results to the applicable DMH location/facility, as is more fully described in this Section 5.

5.2 Phlebotomy Services

A Bidder must be able to provide phlebotomy services if the DMH Area for which it wants to be qualified for under the MA includes a facility requiring such services. See Attachment C for a list of facilities requiring phlebotomy services.

5.3 Service Specifications

All services and ancillary items provided by a Contractor must comply with all Federal, Commonwealth and local laws, regulations, and policies regulating general reference laboratory services; and must meet the then normal industry standard for whatever is being provided. Contractors must meet all applicable Executive Office of Health and Human Services and DMH regulations, policies and procedures as they may be amended from time to time. This includes, but is not limited to, the EOHHS Criminal Offender Record Checks regulation 101 CMR 15.00. Contractors are not however required to have human right officers or committee as specified in DMH regulation 104 CMR 28.00.

A Contractor with a SOW is responsible for the following, unless otherwise specified in and agreed upon in the applicable SOW (e.g., a SOW for special, limited testing):

5.3.1 Services must be available 24 hours a day, 365 days a year.

5.3.2 A Contractor must provide the facilities and other applicable DMH location in the applicable DMH Area(s) it is qualified to provide services (or if qualified statewide, throughout the Commonwealth) with written directions detailing appropriate specimen requirements; describing tests and sample handling requirements to meet the needs of each location. These directions shall be updated when needed.

5.3.3 As specified by the applicable DMH Area Director(s) or designee(s), Contractors must conduct in-service education for DMH staff at each DMH location and facility in the Area to help assure proper diagnostic coding and billing and the collection and handling of specimens. This shall be done upon initiation of the SOW and whenever there is a change in lab protocols regarding specimen collection or pick-up.

5.3.4 A Contractor must have a qualified laboratory representative available for technical consultations by telephone twenty-four hours a day, 365 days a year. A response must be received within thirty (30) minutes of a call being placed.

5.3.5 A Contractor must provide for laboratory consultations on site at applicable DMH locations or facilities when requested by DMH.

5.3.6 A Contractor must be able to support applicable DMH location(s)/facilities quality assurance programs as needed.

5.3.7 A representative of the Contractor must be assigned to each DMH location/facility within an Area where a Contractor has one or more SOW, to manage the services to be provided under the SOW(s) and to be the Contractor’s main point of contact. It is mandatory that there be only one representative per DMH Area.

5.3.8 A Contractor must be the single source for billing and receiving payments from DMH for all services rendered by it or its subcontractors.

5.3.9 When applicable, a normal specimen pickup schedule will be established for each DMH location/facility addressed in a SOW. For facilities, this will normally be daily, but a Provider must accommodate all reasonable requests by DMH location(s)/facility(ies) covered under a SOW. Specific pick up times will be negotiated, as applicable. See Attachment B for facilities that will require a routine pick-up schedule.

5.3.10 If STAT services are specified in a SOW, such services must be available 24 hours a day. 365 days a year. STAT Services are to be provided within one (1) hour from the time an order is placed by DMH unless the parties negotiate different terms in the applicable SOW. All providers, to be deemed qualified, must be able to provide STAT Services.

5.3.11 Contractors must provide customized test panels.

5.3.12 A Contractor must provide cumulative final patient reports. The reports must contain all results from the requisition they were ordered from, including preliminary results already reported.

5.3.13 A Contractor must have a system to ensure that integrity of each lab specimen will not be corrupted and that all results are reliable and provided in a timely manner as agreed to by DMH and the vendor.

5.3.14 A Contractor must have the capability of order entry into its lab’s medical record system while on site at a DMH location/facility covered by a SOW.

5.3.15 Emergency backup coverage for testing normally done by a requesting facility must be available on a 24-hour basis (i.e., in the event of equipment failure at the facility. Results will be sent electronically when an electronic order is sent.

5.4 Items and Supplies

A Contractor must provide all necessary supplies and items needed to perform lab services as required, including but not limited to, all equipment, specimen containers and bags (refrigerator/freezer), test kits, Quantiferon Gold Kits, reagent, bandages, tape, gauze, preps, needles, including butterfly needles; aerobic and anaerobic swabs, throat swabs, blood chemistries, Urine chemistries and supplies.

A Contractor also must provide each applicable DMH location/facility covered by a SOW with lab requisition documents, lab reference materials and other related items to this service.

A Contractor is responsible for properly disposing of all medical waste generated by contract staff.

5.5 Reporting of Test Results

5.5.1 A Contractor must report lab data (results) to a facility/DMH location in a format that is acceptable to that facility/DMH location within the time frame established for that ordering site (e.g.,. - via fax; secure e-mail, and/or if agreed to a vendor-supplied printer) as set forth in this RFR and the applicable SOW.

5.5.2 Routine lab test results are normally to be transmitted on the same day that the sample was drawn, except when it is recognized that tests will be run as an overnight batch, or the test itself requires additional time.

5.5.3 Lab results are to be transmitted to the applicable DMH location/facilities as negotiated in the SOW. Any testing referenced by a Contractor to another reference laboratory must state on the patient’s lab report the name address and telephone number of the laboratory that performed the test and all billing and paying will be done through the Contractor.

5.5.4 A DMH location/facility must be called immediately when a test value falls out of an established standard norm (critical value) (Critical Call Back). Each SOW shall contain a list of critical values requiring a Critical Call Back and the persons or positions at each applicable facility or location with whom the Critical Call Backs are to be made.

5.5.5 A Contractor must repeat a test at no charge whenever the results do not, in the ordering sites opinion, correlate with the clinical picture presented by the patient. A Contractor must retain specimens that are retainable for a minimum of seven (7) days to facilitate repeat determinations. In some cases, a provider may have to request the site to provide a new specimen to do a repeat determination.

5.5.6 Confirmatory determination of testing is to be done at a second lab, when a DMH location/facility has reasonable cause to question the results of a Contractor’s testing. The Contractor must pay for a repeat test at a mutually agreeable independent lab.

5.5.7 Summary usage reports, including lost/damaged specimens, are to be provided to requesting DMH locations/facilities on a monthly basis.

5.5.8 A Contractor must furnish such other reports as DMH may request that are relevant to its operations.

5.6 Provider Licenses and Certifications

A Contractor must maintain in good standing all licenses and certifications required by Subsection 4.1.1. DMH must be notified within three (3) business days of any current deficiencies or actions relating to such licenses and certification that may occur during the term of a Contractor’s MA.

5.7 False Claims

DMH is required under Section 6032 of the Deficit Reduction Act of 2005 to provide detailed information to its employees, contractors and agents who, on DMH’s behalf, furnish or authorize the furnishing of Medicaid/Medicare health care items or services, perform billing or coding functions, or are involved in monitoring health care that DMH provides, about: (1) the Federal False Claims Act; (2) Federal administrative remedies for false claims and statements; (3) state laws pertaining to civil or criminal penalties for false claims or statements; (4) whistleblower protections under such laws; and (5) DMH’s policies and procedures for detecting and preventing fraud, waste, and/or abuse. That information is provided in the False Claims Memorandum that is included under the Attachment Section of the COMMBUYS File of this Bid.

Because program costs may be offset in part by Federal funds the Contractor must:

a. Ensure that all staff involved in the provision of health care and/or billing for services receives a copy of the attached memorandum, or are otherwise informed by the Contractor about the applicable laws and DMH policies and procedures regarding false claims.

b. Have written policies and procedures regarding detecting and preventing fraud, waste and/or abuse. Copies of such policies and procedures must be made available to DMH upon request.

c. Notify the DMH Contract Officer for the contract if it becomes aware of a false claim being filed and/or if it suspects such. The Contractor must investigate and take all appropriate actions regarding such. The Contractor must keep the DMH Contact Officer informed of its investigation, findings and, if applicable, the corrective actions taken as a result of the investigation.

5.8 Measures of Successful Performance Requirements and Contract Monitoring

5.8.1 Performance measures. It is important to measure Contractors performance to ensure compliance with their Contract and SOWs. The following performance areas will be subject to measurement:

a. Timely Delivery (Commodities, Services, Reports, Billing, etc.)

b. Responsiveness to Departmental Inquiries

c. Quality of Deliverables (Commodities, Services, Reports, etc.)

d. Attendance at scheduled meetings

e. Timely Critical Values communications.

DMH will negotiate targets for the performance measures in SOW negotiations. The Contractor will be required to track data on all performance measures and to provide DMH with regular updates on its performance.

Also required will be regular monthly data reporting to meet DMH facilities Joint Commission and CMS requirements.

5.8.2 Contract Management Meetings with DMH

Contractors with Statements of Work must participate in regular meetings with DMH, no less than quarterly, and such other meetings as DMH may request. These meetings may include, but are not limited to, the following topics:

· Contract compliance,

· Contract performance,

· Quality improvement, and/or

· Utilization review.

As part of the contract monitoring review process, DMH may make site visits, conduct case reviews and/or perform contract audits. Contractors are required to cooperate with DMH to the full extent necessary for DMH to conduct these visits and audits. These activities may include a review of the service delivery documentation and reports required by the RFR, billing documentation, and such other information Contractors are required to maintain and/or develop.

SECTION 6 FISCAL SPECIFICATIONS

All items and services, other than additional cost items, named in the RFR must be included in Attachment D, Contractor Price List. As part of the Contractor’s listing on the MA, a final Contactor Price List will be included with all applicable services and items that the Contractor may offer under the MA. The Laboratory shall seek payment only from DMH for the provision of medical services unless otherwise agreed to in writing by DMH.

6.1 Contractor Price List

Attachment D (Contractor Price List) must be completed by a provider and submitted with the proposal. Attachment D contains a representative sample of lab tests. A provider can add lab tests and services to Attachment D. A provider is to complete the Attachment by inserting for all applicable tests which it will offer under the MA a CPT Code, provider’s Test Code, and the Price for the test.

If a provider is determined to be qualified and is included on the MA, the provider’s Price List must remain firm for the first twelve (12) months of the Contract. At any time during the provider’s listing on the MA, the provider can offer additional tests. For new large volume tests, a price will be established between the DMH Procurement Manager and the provider. The overall concept is to keep the Contractor’s Price List current once it is established. Prior to each MA anniversary date, providers will be expected to update its Contractor Price List by removing tests not being used and adding tests that are being used. Any new price list must be approved by the DMH Procurement Manager. Price lists will be reviewed on a quarterly basis, if requested by DMH.

6.2 Routine Phlebotomy Services & STAT pick-up of specimens

For routine phlebotomy services, Bidders must provide on Attachment D, (Price List) an hourly rate, with a minimum number of hours to be charged per scheduled visit to work a site or a flat “per draw” fee. Bidders must also provide costs for unscheduled Emergency Phlebotomy Services.

The fee charged for STAT pick-up is for the physical pickup at site and delivery of specimens to the Contractor’s lab and will be the same no matter how many specimens are picked up or tests performed. This fee must also be included in Attachment D

6.3 Invoicing

Qualified providers will be required to have in place mechanisms to gather and submit to DMH monthly an invoice for the testing that occurred in the previous month that is billable to DMH. Invoices must be sent electronically if possible. To the DMH office as indicated in the applicable SOW(s). Invoices shall include the following information: date of service, client name, test(s) ordered and test code, CPT code and price. Invoices are to be submitted monthly by the fifteenth of each month.

In addition, a Contractor must file such other reports with an Area as agreed to in a SOW. This may include information required by the Joint Commission.

Payment through Electronic Funds Transfer is required for any contract awarded through this solicitation. See COMMBUYS Bid Solicitation for this form.

6.4 Prompt Payment Discounts

Providers are strongly encouraged to participate in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Commonwealth benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found on the OSD Forms page and in this solicitation at the COMMBUYS Bid Solicitation.

6.5 Supplier Diversity Program Plan

Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

All Providers responding to this RFR must complete the “SDP Plan Form # 1” and submit with their response. To perform services in excess of $150,000 under the MA, a Contractor will be required to have an approved Supplier Diversity Plan. In determining if the $150,000 amount is reached, all Statement of Works issued to a provider’s under its MA contract will be considered. In addition, the presence of a Supplier Diversity Plan will be considered in selecting qualified providers for Statements of Work.

Supplier Diversity Program (SDP) Resources:

· Lists of M/WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs and LGBTBEs certified or verified by the Supplier Diversity Office (SDO) are located at SDO Business Directory.

· Resources to assist Prime Applicants in finding potential Certified Partners can be found at www.mass.gov/sdp.

· The Operational Services Division offers trainings on compliance with the SDP Plan requirements. Registration information for upcoming trainings can be found on the Supplier Diversity Program Trainings webpage.

SECTION 7 HOW TO SUBMIT A RESPONSE (QUOTE) AND RESPONSE REQUIREMENTS

7.1 Submitting Responses

A Bidder must submit their Response electronically on COMMBUYS in accordance with the directions included in the Bid’s COMMBUYS file. Documents requiring signature should be scanned and then submitted as separate attachments.

Responses must be signed electronically by the Bidder accepting the terms and conditions of the bid on the Terms & Conditions tab in COMMBUYS. Bidders do this by selecting “Save & Continue” on the ‘terms and Conditions” tab after accepting the terms and conditions of the bid. By agreeing to this, the submitter attests that s/he has authority to sign on the Bidder’s Behalf and that s/he has read and assented to each document’s terms.

The Commonwealth requires Contractors to submit original ink-signature versions of the following forms:

· Commonwealth of Massachusetts Terms and Conditions (if not already on file with the Comptroller)*

· Commonwealth of Massachusetts Standard Contract Form

· Request for taxpayer Identification and verification (Mass. Substitute W9 Form) (if not already on file with the Comptroller)*

· Contractor Authorized Signatory Listing

· Electronic Funds Transfer Sign-up Form (if not already on file with the Comptroller)*

· RFR Cover Sheet

*Note: If a Bidder has already submitted to DMH or another Commonwealth agency signed Terms and Conditions, Form W-9, and/or Authorization for Electronic Funds Payment as listed above and such are on record with the Office of the Comptroller, it does not need to submit another. If any of these forms are not included in a response, DMH will verify that they are on record with the Office of the Comptroller.

7.2 File Format and Naming Convention

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

7.3 Submission Deadline

To be considered for a First Round of Contract award, the response must be submitted on COMMBUYS by the date and time specified in Subsection 2.1.

To otherwise be considered for a Contract award, a Response may be submitted at any time on or before March 31, 2028 at 4:00 p.m.

7.4 Response Requirements

A Response must consist of the following three (3) parts:

___ Bidder’s Qualifications and Service Response Requirements: A Bidder must provide the information asked for in Attachment E, Bidder’s Qualifications and Service Response Requirments. This Attachment is included in the Bid’s COMMBUYS File.

___ Price List. A bidder must complete Attachment D, Master Agreement Price List. This Attachment is included in the Bid’s COMMBUYS file.

___ Required forms. A bidder must submit the forms required in Subsection 4.4.

SECTION 8 REVIEW AND QUALIFICATION PROCESS

8.1 Determination of Qualified Contractors

8.1.1 Review Committee(s). A Review Committee appointed by the Awarding Authority will review a response submitted pursuant to this RFR at a minimum within ninety (90) days of a response being submitted. The Review Committee will consist of a minimum of two (2) individuals. Such individuals may be DMH employees; other state employees; persons served by DMH or their family members; and/or other interested parties. Members of the Committee may change over the duration of the RFR and the Awarding Authority may elect to create more than one Review Committee for the purpose of reviewing Responses. The Awarding Authority will be the Director of Contracts or designee.

8.1.2 Evaluation

a. Compliance with Submission Requirements. A member of the DMH Contracting staff will first evaluate each response received to determine if the response satisfies the requirements set forth in Section 7. A response that fails to meet these requirements may be disqualified.

b. Evaluation Criteria

To qualify for an MA for the DMH Area(s) selected by the Bidder or Statewide, the criteria set forth below for each part of the Bidder’s Response must be met:

1. Bidder’s Qualifications and Service Requirements Response. To qualify for an MA, the Bidder’s Qualifications and Service Requirements Response must be comprehensive, feasible and appropriate. It must satisfy all the RFR requirements. If it has any weaknesses, they must be minor and correctable. The Response must demonstrate a reasonable understanding of the services to be provided and the issues/barriers that a Contractor may need to address when providing services. It must meet the needs of DMH. The three (3) business references provided must meet the requirements set forth in the RFR and support the Bidder’s Response.

2. Price List. To qualify for listing on the MA, the Bidder must provide pricing for the total number of…