ODHS RFP 5243-2022~1.pdf

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Attached to
Wage and Cost Study of Long Term Care Providers
Solicitation number
S-10000-00003023
Issued by
Marion County, Oregon

About this file

This document is a Request for Proposals (RFP) issued by the Oregon Department of Human Services (ODHS) Aging and People with Disabilities Administration to seek proposals for a study to ascertain Long Term Care Provider (LTC) wages and related costs in providing long term care services to consumers. The study will collect data through surveys, interviews, and follow-up contacts with various licensed residential care facilities and direct care workers across Oregon. The goal is to complete the study by January 1, 2023 to meet the requirements of Senate Bill 703. ODHS expects to award a single contract beginning June 1, 2022 and ending January 1, 2023, with an option to extend for one additional year.

The RFP outlines specific requirements for the survey methodology, data collection, analysis, and reporting. Proposers must meet minimum qualifications related to survey administration and reporting experience. Pricing proposals must include all costs associated with completing the study. ODHS will evaluate proposals based on criteria such as the proposed methodology, project implementation plan, key personnel qualifications, and pricing. Proposals are due on June 6, 2022, and ODHS intends to issue a notice of intent to award on June 26, 2022.

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DAS Procurement Services, Version 4.4 July 1, 2021 Page 1 of 25

STATE OF OREGON

REQUEST FOR PROPOSALS

OREGON DEPARTMENT OF HUMAN SERVICES (ODHS)

AGING AND PEOPLE WITH DISABILITIES

ADMINISTRATION

Is issuing this Request For Proposals ODHS RFP 5243-2022 under OregonBuys Bid Number S-10000-00003023 for

Wage and Cost Study of Long Term Care Providers

Date of Issue: May 4, 2022

Opening Date and Time: Jun 6, 2022 3:00 PM

Single Point of Contact (SPC):

Ron Dickens, Procurement Contract Specialist III, OPBC

635 Capitol St. NE, Suite 350

Salem, OR 97301

Phone:(503)-798-2994

Email: ronald.d.dickens@dhsoha.state.or.us

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

mailto:ronald.d.dickens@dhsoha.state.or.us

DAS Procurement Services, Version 4.4 July 1, 2021 Page 2 of 25

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW BACKGROUND AND PURPOSE

SECTION 3: Scope Of Work

3.1 Long Term Care Provider Services Overview and Provider Facility and Direct Care Data

3.2 Long Term Care Provider Types

3.3 Long Term Care Providers Study Methodology and Design Requirements

3.4 PROCUREMENT REQUIREMENTS

3.5 MINIMUM SUBMISSION REQUIREMENTS

3.6 GENERAL PROPOSAL REQUIREMENTS

3.7 Technical Proposal including Survey Methodology

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.3 SOLICITATION PROTESTS

4.4 PROPOSAL DELIVERY OPTIONS

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

4.6 PROPOSAL DUE

4.7 PUBLIC OPENING

4.8 PROPOSAL REJECTION

4.9 Responsiveness and Responsibility Determination

4.10 EVALUATION PROCESS

4.11 NEXT STEP DETERMINATION

4.12 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

6.8 PRINTING, BINDING, AND STATIONERY WORK

6.9 CHECKLIST DISCLAIMER

SECTION 7: Attachments List

DAS Procurement Services, Version 4.4 July 1, 2021 Page 3 of 25

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.1.1 The State of Oregon, acting by and through the Oregon Department Of Human Services (ODHS) Aging And People With Disabilities (APD) hereinafter referred to as (“Agency”), is seeking Proposals from qualified vendors. This Procurement is to seek Proposals for a study to be conducted to ascertain Long Term Care Provider (LTC) wages and related costs in providing long term care services to Consumers. The Wage and Cost Study of Long Term Care Providers shall involve collection of various types of data acquired directly from (LTC) records regarding services provided to Consumers utilizing Direct Care Workers. The result of study data collected shall be included in periodic and final reports as described in this RFP.

1.1.2 Agency expects to award a single Contract beginning June 1,2022 and ending January 1, 2023, with the option to amend the Contract for an additional one-year period.

1.2 SCHEDULE

The table below represents a schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.

Event Date Time

Questions / Requests for Clarification Due May 17, 2022 3:00 PM PST

Answers to Questions / Requests for Clarification Issued (approx.)

May 25, 2022

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Notice of Intent to Award issued June 26, 2022

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050, OAR 125-246-0170(2) and the Department of Administrative Services delegation DAS 649-11 as amended.

DAS Procurement Services, Version 4.4 July 1, 2021 Page 4 of 25

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

2.2.1 Assisted Living Facility (ALF) means a building, complex, or distinct part thereof, consisting of fully, self-contained, individual living units where six or more seniors and adult individuals with disabilities may reside in homelike surroundings as defined by OAR 411-054.

2.2.2 Benefit means compensation provided by Provider to Direct Care Worker beyond salary or wages that includes at least one of the following: health insurance, leave time, or retirement.

2.2.3 Compensation means the total costs paid to facility from Agency, including any portion that the Consumer must pay related to their care, or Private Pay Consumer(s) for Direct Care Services, room and board.

2.2.4 Consumer means individuals receiving Medicaid reimbursed services from a Provider.

2.2.5 Contract means the Contract awarded as a result of this RFP.

2.2.6 Contractor means the Proposer selected through this RFP to enter into a Contract with Agency to perform the Work.

2.2.7 Direct Care Services means the services provided to Consumers that include the activities of daily living and the instrumental activities of daily living.

2.2.8 Direct Care Worker means the person employed to provide Direct Care Services for Consumers.

2.2.9 Facility means Assisted Living Facility or Residential Care Facility, including those with endorsements to provide Memory Care. Facility provider will be instrumental in providing information required to complete the Wage and Cost Survey of Long Term Care Services.

2.2.10 Governmental Proposer means a governmental entity as defined in ORS 190, that submits a Proposal in response to this RFP.

2.2.11 Key Personnel or Key Persons means the person or persons that will be assigned to perform the Work under the Contract. For Key Persons not identified prior to Proposal submission, a position description must be submitted.

2.2.12 Long Term Care Providers means the Oregon licensed Facility or subcontractor that employs Direct Care Workers, and that is reimbursed by Agency for Direct Care Services performed by Direct Care Workers in the Facility. This may also include subcontractors provided by the Facility as Direct Care Workers .

2.2.13 Memory Care means a facility type that is endorsed to provide service to

DAS Procurement Services, Version 4.4 July 1, 2021 Page 5 of 25 support Consumers with the progressive symptoms of dementia and with additional services as defined in OAR 411-054.

2.2.14 Private Pay Consumer refers to Consumers in a facility whose Direct Care Services are not being reimbursed by Agency.

2.2.15 Proposal means a written response to this RFP submitted to Agency.

2.2.16 Proposer means the person or entity that submits a Proposal.

2.2.17 Residential Care Facility (RCF) means a building, complex, or distinct part thereof, consisting of shared or individual living units in a homelike surrounding, where six or more seniors and adult individuals with disabilities may reside as defined in OAR 411-054.

2.2.18 RFP means this Request for Proposal.

2.2.19 Skill Program means compensation or program support offered by Long Term Care Providers for Direct Care Worker(s) to increase opportunities for professional advancement, skill and training, and continued education that may include loan forgiveness, tuition reimbursement, apprenticeship programs, and other professional development, education, or training opportunities.

2.2.20 Sufficiency of Reimbursement means the ability for the total monthly Compensation from eligible Agency Consumers and Private Pay Consumers to meet the costs of patient services each facility is required to provide. This includes a summary of all reasonable, necessary and allocable costs as accounted for by each Facility

2.2.21 Total Cost of Care means the Long Term Care Provider’s cost to care for Consumers in a facility including costs for room and board, direct care services, staffing, administration, and services and supplies necessary for the ongoing support of the facility within the geographic region and for the specific population mix being served.

2.2.22 Work means the services required to complete the Wage and Cost Study of Long Term Care Services including data analysis of Facility Consumer Care, tasks, deliverables, reporting and invoicing requirements, as described in this RFP.

2.3 OVERVIEW BACKGROUND AND PURPOSE

2.3.1 Agency Overview

The Agency supports Oregon’s older adults, people with disabilities through services initiated by each Consumer, their authorized family members or personal representative. This allows each Consumer the access to person-centered services, innovative supports and early interventions to help Consumers maintain independence, promote safety, well-being, honor choice, respect cultural preferences and uphold dignity.

2.3.2 Background

As a direct result of Senate Bill 703, Agency is tasked with conducting a study of various licensed care facilities. In part, SB 703 language includes:

Senate Bill 703: SECTION 3.

(1) The Department of Human Services shall conduct a study of licensed

DAS Procurement Services, Version 4.4 July 1, 2021 Page 6 of 25 residential care facilities, which includes licensed assisted living facilities and residential care facilities with memory care endorsements, to evaluate:

(a) The total cost to provide care to residents by categories prescribed by the department such as by geographic region, age of the facility or the mix of patients within a facility;

(b) The sufficiency of the reimbursement paid to facilities to meet the total cost of care for medical assistance recipients in the facilities, for each type and category of facility; and

(c) The average compensation paid to direct care workers by the facilities in each geographic area designated by ORS 653.025 (1), (2) and (3).

(2) The department may contract with a third party vendor to conduct the study.

(3) The department or a third party vendor may not make overly burdensome requests to facilities for information needed to conduct the study.

(4) The department shall publicly report the aggregate, deidentified data from the study.

(5) No later than January 1, 2023, the department shall report to the Legislative Assembly, in the manner provided in ORS 192.245, on the results of the study.

SECTION 3: SCOPE OF WORK

The primary focus of the Wage and Cost Study of Long Term Care Providers is to collect data through interviews, survey instruments, and follow up contacts as needed to obtain as complete and accurate cost information as possible. The Long Term Care Providers study will involve specific survey methods focused on the various types of facilities in different city, suburban or rural settings in counties statewide. The collected data will then be analyzed to produce the required reports for the Agency and achieve the expected outcomes, and meet goals described in this RFP thereby assisting the Agency in meeting the requirements found in Senate Bill 703.

3.1 LONG TERM CARE PROVIDER SERVICES OVERVIEW AND PROVIDER FACILITY AND DIRECT CARE DATA

Long Term Care Provider for the purpose of this RFP, operates Facilities and employs Direct Care Workers that provide Direct Care Services to Consumers in the settings listed below, and are reimbursed as follows:

3.1.1 Long Term Care Provider are reimbursed by Agency or Private Pay Consumer(s) for Direct Care Services.

3.1.2 Long Term Care Providers are reimbursed for any applicable Consumer fiscal liability or responsibility for care under applicable Oregon Administrative Rule.

3.1.3 Long Term Care Providers, apart from a licensed facility, may also be a Direct Care Worker and may be reimbursed directly for Direct Care Services.

3.2 LONG TERM CARE PROVIDER TYPES

DAS Procurement Services, Version 4.4 July 1, 2021 Page 7 of 25

Long Term Care Provider s, for the purpose of this RFP, are licensed by the state of Oregon to provide Consumers Direct Care Services in or through the following Long Term Care Provider types:

3.2.1 Assisted Living Facilities (approximately 238 Facilities).

3.2.2 Approximately 6 of the 238 have Memory Care

3.2.3 Residential Care Facilities (approximately 328 Facilities).

3.2.4 Approximately 217 of the 328 have Memory Care

3.3 LONG TERM CARE PROVIDERS STUDY METHODOLOGY AND DESIGN REQUIREMENTS

Proposals should address all Wage and Cost Study of Long Term Care Provider requirements, including completion of a survey methodology; survey design;

conducting surveys; survey processes; and additional study methods and analytics. The actual Long Term Care Provider Study should also address format, relevant terms, standardization of processes, and reporting. Reporting is key to allow for consistent Long Term Care Provider Study data formulization and processes to correctly match Provider Type. Reporting will involve Analysis and Long Term Care Provider Study results in a format approved by Agency.

3.3.1 Study Focus

The focus of the study is to obtain a complete report and comparative analysis of all costs associated with providing residential care for each type of Facility.

a. The purpose of the survey will be to determine the total cost of care for each Long Term Care Provider Facility type, including demographics to address geographic region, age of facilities, Facility type, licensee endorsements, Consumer capacity, and sufficiency of the Payments received by Long Term Care Provider to meet the total cost of care for all Consumer Care operations.

b. Study report shall be based on data collected, to include the number of Consumers served, also based on each type of Facility, age of facility, overhead or Compensation for Direct Care Workers including any compensation for their training levels, certifications, and licensure through Facility run Skill Programs. Compensation data retained will include original sourced data for each Direct Care Worker by worker type and facility type. The data will be used to create comparative analysis reports including average compensation paid for all direct care workers by each of the Facilities surveyed. The Long Term Care Provider data shall be further organized by listing by region all Facilities, specifically listed regionally using the standard ODHS geographic locations defined in ORS 653.025 (1), (2), (3).

3.3.2 Wage and Cost Study of Long Term Care Providers Timeline

Long Term Care Provider Study reports shall be based on Survey Data collected and are time sensitive as an intended outcome as described in Senate Bill 703, these surveys will need to be completed no later than September 2022.

a. Long Term Care Provider Study Project Plan and Survey Implementation

DAS Procurement Services, Version 4.4 July 1, 2021 Page 8 of 25

July 1 to September 1, 2022.

b. Report Development with the initial draft report completed by October 1, 2022.

c. Final report and power point presentation will be provided to ODHS on or before the due date of January 1, 2023.

3.3.3 Long Term Care Provider Study Report Content

Long Term Care Provider Survey outcomes and Study Reports should address key topics to include:

a. Introduction and Project General Description

b. Data Collection and Data Analysis Methods

c. Overview Of Oregon Long Term Care System

d. Characteristics of Long-Term Care Medicaid Providers Surveyed.

e. Wages Provided To Direct Care Workers at Long Term Care Facilities

f. Benefits Provided To Direct Care Workers at Long Term Care Facilities

g. Direct Care Worker Turnover and Primary Factors

h. Provider Consumer Care Variables and Deviations

i. Data Analysis Specific to COVID19 showing Provider Consumer Care costs impact prior to, during and current costs.

3.3.4 Wage and Cost Study of Long Term Care Methodology and Design

The proposed Long Term Care Provider Study design will include a description of processes and methodologies that will be used to collect information directly from each Long Term Care Provider facility; Direct Care Worker; subcontractors, or other resources relevant to each Long Term Care Provider, to maximize survey content and accuracy. The Methodology and Design shall follow current analytical survey industry standards and contain key requirements described in this section.

a. Facility demographic information, including but not limited to Facility type, City and County where each Facility is located, number of licensed beds, number of available beds, average census over the last year, age of the facility, and any endorsements being served including for Memory Care.

b. Facility Compensation, including but not limited to payments over a period of time that captures Compensation from Agency as well as Compensation from Private Pay Consumers aggregated and then divided across Agency and Private Pay Consumers.

(1) Average Compensation paid to Direct Care Workers and Long Term

Care Provider types, where possible defining Compensation, Benefit, and Skill Programs provided to Direct Care Workers.

DAS Procurement Services, Version 4.4 July 1, 2021 Page 9 of 25

(2) Optional: Provider details on staff turnover or additional cost drivers, differential costs associated with turnover of staff and training costs associated with employee orientation in correlation with the overall costs for hiring and other indirect Human Resource costs.

(3) Optional: Long Term Care Provider Study methodology will propose a separate comparable data set, apart from the standard survey data to benchmark and compare survey results. Ideal comparison data sets will highlight workforce crisis related data showing impacts to wages and total costs of care for Long Term Care Providers, utilizing historical data before the impact of COVID19 impacted Facility services thus revealing market cost trends for this Long Term Care Provider industry.

3.3.5 Survey Capacity is a key element that must be included in any proposal, the Surveyed Capacity is based on the number of faculties that will be surveyed.

Capacity will be determined using the figures stated in Section 3.2. The proposed Long Term Care Provider Survey design will need to consider the Survey Capacity requirements to carry out all survey requirements found in the Scope Of Work.

3.3.6 Wage and Cost Study of Long Term Care Providers Modification or Revision

The Long Term Care Provider Study Methodology and Design as proposed shall address Collaboration as an important part of developing the Survey Methodology and Design, by working with Agency and each Facility participating in the Provider Survey. Provider profiles and contacts information will be utilized in the development and refining of survey details for maximum outreach and to refine or revise the survey methodology and design for Agency approval.

Survey Methodology and Design requires flexibility to determine if maximum capacity is being achieved and Survey results meet established informational outcomes.

3.3.7 Conducting Provider Surveys

Long Term Care Provider Study Methodology and Design as proposed shall address Wage and Cost Survey of Long Term Care with the understanding that any Contract award will require Agency’s written acceptance of the Survey Methodology and design, and will include key parameters that must be part of the Survey plan. The Survey plan will address section 3.5 Survey Capacity Requirements. This requirement will include details as to how the Survey will be accomplished including, Key Persons, projected time upon completion estimates, and proposed costs to accomplish the Survey.

3.3.8 Wage and Cost Study of Long Term Care Results Analysis

Long Term Care Provider Survey requires the Proposer to describe their use of analytical means to analyze the results of the data received from those Providers staff who took part in the Survey.

3.3.9 Wage and Cost Study of Long Term Care Provider Survey Response Rate

Survey results shall include such information in the summary report as Facility

DAS Procurement Services, Version 4.4 July 1, 2021 Page 10 of 25 or Provider non-response rate and any information that Proposer obtains on the reasons Providers may not have wished to take part in the survey related to key data described in section 3.3.

3.3.10 Wage and Cost Study of Long Term Care Follow-Up Interviews

Follow-Up Interviews; shall consist of identifying Providers that will be receiving follow-up Interviews; Defining Follow-Up Interview Questions; Conducting Follow-Up Interviews; and Analysis and Reporting of Long Term Care Provider Survey Results, including an Analysis of Reporting. Results to include key data described in 3.3.3 and 3.3.4 above.

3.3.11 Wage and Cost Study of Long Term Care may require follow-up interviews with Long Term Care Providers or Facilities to elicit additional information based on one of the types of reporting described in section 3.3.3. and 3.3.4 above to provide necessary clarity concerning information obtained in accordance with stated Long Term Care Provider Survey Methodology.

3.3.12 Wage and Cost Study of Long Term Care Providers methodology will describe how follow-up interviews with Providers will be carried out, responsiveness to Agency requests, and how statistical results will be included for these follow-up interviews to include:

a. Identifying Providers or Facilities receiving follow-up interviews; Defining follow-up interview questions in collaboration with the Agency as requested to maximize interviewee responses.

b. Collaboration with Agency to identify Providers from the survey reports that may require additional information or clarity of original survey responses. Follow up interviews with Providers and Facilities to obtain missing or incomplete information will be on the basis of a cost/benefit ratio of effort to pursue a data element in comparison with its likelihood for yielding additional information or clarification, hereby establishing requirements and terms related to Follow-Up Interview Questions including

c. Conducting Follow-Up Provider Interviews , based on the Survey methodology to describe the approach used to develop a script of follow-up questions; to conduct follow-up interviews with Providers and Facilities;

and to record, compile and analyze the additional information and clarification required by the follow-up interviews.

d. Survey Methodology will describe how Surveys will apply the follow-up methodology and approach to conduct the follow-up interviews with Providers and their Workers.

e. Analysis and Reporting of Wage and Cost Study of Long Term Care Results.

Survey Methodology will describe how Surveys will be recorded, compiled and data analyzed from the information obtained from the follow-up interviews. Reporting submitted by Proposer to Agency must be in a written format that is acceptable to Agency.

3.3.13 Providers Survey Methodology Data Analyses

Survey Methodology data analysis will describe methods to be used for data

DAS Procurement Services, Version 4.4 July 1, 2021 Page 11 of 25 collection, analysis including all required statistical and data collection processes that will be based on anticipated Wage and Cost Survey of Long Term Care outcomes.

a. Survey Methodology data analysis will capture a wide variety of information concerning the Provider costs to provide care to all Consumers and will be based on the facility type, number of consumers, number of staff, average days in care, wage rate, length of shifts, and other pertinent factors that provide a uniform analysis of costs.

b. Survey Methodology data analysis will capture the impact of COVID19 as it affected staffing costs, turnover levels, hourly wage rates, and other pertinent data.

c. Data analysis will benchmark survey data as a resource to be made available to private nonprofit organizations, or other non-institutional direct care providers in Oregon, or other state wage studies.

3.3.14 Reporting Requirements

Survey Methodology will describe how reporting will be completed. Required reports shall consist of preliminary draft report Services and final legislative report

Services as follows:

a. Preliminary Draft Report Services

The preliminary draft report will contain the following report elements:

(1) A summary of total costs for provider care broken down by categories under the Total Cost of Care and as defined in Section 2.2.21.

(2) A summary of Sufficiency of the Reimbursement paid to the Facility paid by Agency and Private Pay Consumers and as defined in Section

2.2.3.

(3) A summary of average compensation paid to direct care workers, and where possible details on base pay, benefits, and skill Programs.

(4) Aggregate and deidentified data from the study that can be posted publicly.

b. Additional Beneficial Reports

The Survey methodology may include additional reporting methods and frequency such as anecdotal, interim, weekly, and monthly reporting that may be available. These types of Reports will be conditional upon Agency approval.

c. Final Legislative Report Services

Survey Methodology will describe how collaborative development of reporting will be accomplished in working with the Agency. The goal is to complete all revisions from preliminary drafting of reports as necessary to

DAS Procurement Services, Version 4.4 July 1, 2021 Page 12 of 25 produce a final report and power point presentation of findings. The final Report and a related presentation must be approved by the Agency to meet requirements stated in the Oregon Legislation Budget Note, for official presentation to the Oregon legislation. The Report content is described in Section 3.3.14. above. The Survey Methodology shall include examples of successful collaborative reporting processes used in other projects and applications.

3.3.15 Performance Measures

Survey methodology will describe performance measures that will be utilized to ensure that surveys will be conducted accurately to include the survey response rate for Provider and Facilities; the timeliness for completion of surveys for Provider and Facility Survey Services; or the completion rate for follow-up interviews with Providers or Facilities.

Pursuant to ORS 279B.060(2)(c), Agency requires that the Contractor meets the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or services.

3.4 PROCUREMENT REQUIREMENTS

3.4.1 MINIMUM QUALIFICATIONS

Each Proposer must meet all of the following minimum qualifications as confirmed by the documentation provided by each Proposer. Proposers must meet all of the following minimum qualifications:

a. Key Persons. Proposers must submit resumes with its Proposal demonstrating Proposer meets the following minimum qualification:

(1) At least five years of experience in administering surveys and compiling survey reports as described in section 3 Scope of Work.

(2) For Key Persons not identified prior to Proposal submission, a position description must be submitted. Agency reserves the right to approve or deny Key Persons identified after Proposal submission.

(3) Resumes of Proposer’s Key Persons may be used in combination to show Proposer’s Key Persons collectively meet the above minimum qualifications. To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section:

b. Proposer will provide a summary of the Key Persons with resumes that Proposer proposes to make available to perform Survey work, if a Contract is issued as a result of this RFP. Agency reserves the right to approve or deny Key Persons submitted for review after award of the Contract.

3.5 MINIMUM SUBMISSION REQUIREMENTS

3.5.1 Proposal Submissions

DAS Procurement Services, Version 4.4 July 1, 2021 Page 13 of 25

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• Technical Proposal including Wage and Cost Survey of Long Term Care Methodology and Design

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Key Persons Summary and Resumes

3.5.2 Proposal Page Limits

Proposal is limited to 20 pages, the following items do not count toward the page limit:

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check form (Attachment D)

• Price Proposal (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

3.5.3 Proposal Format and Quantity

Proposal should follow the format and reference the documents listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

a. Proposer shall submit one original Proposal and all other submittal requirements in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx), to be submitted electronically into OregonBuys, following the procedures for posting documents in OregonBuys.

b. Price Proposal following the format of the Price Proposal Form (Attachment E) shall be submitted as a separate file electronically into OregonBuys, following the procedures for posting documents in OregonBuys

c. Proposer if they believe they have any information and materials determined to be proprietary or exempt from disclosure under Oregon Public Records Law (ORS

192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and Proposer also shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

3.5.4 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

DAS Procurement Services, Version 4.4 July 1, 2021 Page 14 of 25

3.6 GENERAL PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP.

3.6.1 Proposer shall describe the Services to be performed based on Section 3, Scope Of Work. A Proposal that merely offers to provide the goods or services as stated in this RFP shall be considered non-Responsive to this RFP and will not be considered further.

3.6.2 Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested.

3.6.3 Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.7 TECHNICAL PROPOSAL INCLUDING SURVEY METHODOLOGY

3.7.1 Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

3.7.2 References

Provide three references from current or former client firms for similar projects performed for any clients within the last five years. References must be able to verify the quality of previous, related Work.

a. Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

b. Proposer shall send the Reference Check Form (Attachment D) to its references.

Reference forms must be completed by the reference and collected by Proposer then included in the Proposal.

3.7.3 Price Proposal

Proposer will submit a Price Proposal to include all related costs, both direct and indirect, associated with providing services described in this RFP. Price Proposals will follow the format found in the Price Proposal Form (Attachment E). The Price Proposal will include the following required information:

a. The Price Proposal shall, cover all costs to complete the Consumer Care Provider Survey. Price Proposal must include reasonable, necessary and allocable costs, time estimates for completing each activity, and a summary of all proposed costs, DAS Procurement Services, Version 4.4 July 1, 2021 Page 15 of 25

b. The Price Proposal must include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges; and

c. For all fully loaded personnel costs, the Price Proposal must include the name and title of all positions for each individual staff person who will perform the Work and list the salary/wage and fringe rate separately for each such individual.

d. Price Proposal must include a brief narrative to clarify all line items and related costs.

3.7.4 Key Persons and their Resumes

Proposer shall include a current resume (not to exceed two pages each) for each key person that demonstrates the person’s qualifications and experience relevant to the Work described in this RFP. Proposer’s vacant or proposed positions must include a detailed Position Description in lieu of a resume and Key Persons listing.

3.7.5 Project Implementation Plan

Proposer Project Implementation Plan, please briefly describe how Proposer would carry out the major activities of this project Wage and Cost Survey of Long Term Care in context with the Scope of Work. Provide a management plan that the Proposer intends to follow.

Proposer shall include a brief timeline and Project Implementation Plan in the format of a Chart, Graph, or Diagram to illustrate how the plan will meet the Proposer’s staffing requirements, coordination, and related timelines required to accomplish the services described in this RFP.

3.7.6 Consumer Long Term Care Provider Survey Methodology and Design Requirements.

Proposer shall describe their Survey Methodology and Survey Design in their Proposal in response to the following items from Section 3.3:

a. Consumer Long Term Care Provider Survey Modification or Revision

b. Conducting Long Term Care Provider Surveys

c. Consumer Long Term Care Provider Survey Results Analysis

d. Reporting Requirements

e. Performance Measures

SECTION 4: SOLICITATION PROCESS

4.1PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

https://oregonbuys.gov/

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4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

• Be delivered to the SPC via an OregonBuys submission, email, or hard copy;

• Reference the OregonBuys bid number and the ODHS RFP Number found on the cover page.;

• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in section 1.2.

4.3 SOLICITATION PROTESTS

4.3.1 Protests to RFP

Prospective Proposers may submit a Written protest of any part of this RFP, including but not limited to, the RFP process, Specifications, and Scope of Work. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

4.3.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.3.3 Requirements for Protests

4.3.3.1 All protests must:

a. Be delivered to the SPC via email, or hard copy;

b. Reference the OregonBuys bid number;

c. Identify prospective Proposer’s name and contact information;

d. Be sent by an authorized representative;

e. State the reason for the protest, including:

➢ the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and

➢ evidence or documentation that supports the grounds on which the protest is based; and

f. State the proposed changes to the RFP provisions or other relief sought.

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4.3.3.2 Protests to the RFP must be received by the due date and time identified in the Schedule.

4.3.3.3 Protests to an Amendment must be received by the due date identified in the Amendment.

4.4 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is submitted to OregonBuys.

OregonBuys.gov

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification through OregonBuys. To be effective, the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via Oregon Buys prior to the Opening in accordance with OAR 125-247-0440. To be effective, the notice must include the OregonBuys bid number.

4.6 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation.

4.7 PUBLIC OPENING

A public Opening will not be held but. SPC upon email request provide all interested parties a list of all Proposers who submitted proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

4.8 PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

4.8.1 Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

4.8.2 Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

4.8.3 Proposer fails to meet the responsibility requirements of ORS 279B.110.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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4.8.4 Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

4.8.5 Proposer attempts to influence a member of the Evaluation Committee.

4.8.6 Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

4.9 RESPONSIVENESS AND RESPONSIBILITY DETERMINATION

4.9.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with section 3.1 (Minimum Qualifications) and section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 125-247-0470.

4.9.2 Responsibility Determination

At any time prior to award, Agency may reject a Proposer found to be not Responsible.

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

4.10 EVALUATION PROCESS

4.10.1 Evaluation Criteria

Evaluation committee members will review each Proposal requirement stated in the RFP and review each Proposal to assign a score commensurate with the quality and completeness of Response for each item to be scored in ad determined by each subject matter expert Evaluation Committee member.

RFP ODHS-5243-2021

TECHNICAL PROPOSAL REQUIREMENTS

Section Number

SCORED CRITERIA

Maximum Possible

Score

3.7.1 Proposer Information and Certification Sheet 10

3.7.2 References 10

3.7.3 Price Proposal 30

3.7.4 Key Persons and Resumes 25

3.7.5 Project Implementation Plan 30

3.7.6 Wage and Cost Survey of Long Term Care

Methodology and Design Requirements 45

TOTAL POINTS 150

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4.10.2 Evaluation Item 1, Proposer information and Certification Sheet.

Proposer is required to complete Attachment C providing Proposer information detailing experience and expertise to provide Wage and Cost Survey of Long Term Care Services.

4.10.3 Evaluation Item 2, References

Proposer is required to obtain three references supporting their experience related to providing Wage and Cost Survey of Long Term Care services and must be included in the Proposal using Attachment D.

4.10.4 Evaluation Item 3, Price Proposal

The SPC will award a score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price.

4.10.5 Evaluation Item 4, Project Key Persons and Resumes

How well does the named Key Persons and Resume describing experience providing Consumer Long Term Care Provider Survey services as described in this RFP?

4.10.6 Evaluation Item 5, Project Implementation Plan

How well does the implementation Plan support the work required to complete Wage and Cost Surveys of Long Term Care services as described in this RFP?

4.10.7 Evaluation Item 6, Wage and Cost Survey of Long Term Care Methodology and Design.

How well does the Consumer Long Term Care Provider Survey Methodology and Design or other information provided by the Proposer explain how they will complete the Consumer Long Term Care Provider Surveys.

4.10.8 PRICE PROPOSAL EVALUATION

The SPC will evaluate price and assign a score mathematically based on the standard formula described below. The score for Price will be added to the final technical score for each Proposal.

PRICE PROPOSAL Evaluation Calculation Method and Example

Proposer’s price using the following formula:

lowest price of all Proposers X price points possible price score price being scored

EXAMPLE: Assigned Maximum Score Percentage Calculation Price Proposal Dollar

Amount Calculation Score

Percentage Net Score

Lowest Proposal Price $40,000 $40,000 /$40,000 100% 30 Second Proposal Price $50,000 $40,000 / $50,000 80% 24 Third Proposal Price $60,000 $40,000 / $60,000 66% 19.8

4.10.9 PREFERENCES

4.10.9.1 Oregon Supplies and Services

DAS Procurement Services, Version 4.4 July 1, 2021 Page 20 of 25

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128.

4.10.9.2 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

4.10.9.3 Tiebreakers

If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

4.10.10 RANKING OF PROPOSERS

The SPC will total all scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and adding in the score assigned for Price as described in section 4.10.8.

After any applicable Reciprocal Preference, has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

4.11 NEXT STEP DETERMINATION

At the conclusion of the initial round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.11.1 Competitive Range Determination

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in any subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for any subsequent round.

https://www.naspo.org/reciprocity1

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4.11.2 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range.

Protests must:

• Be emailed to the SPC;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative

• State the reason for the protest; and

• Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

Agency will address all protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

4.12 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the SPC will determine the cumulative score for Proposers advancing through all rounds of competition for each completed round. The Proposer advancing to the final round with the highest cumulative score will receive the highest final ranking.

If Agency conducts two or more rounds of competition, the rounds will be scored independently. Once the ranking from a previous round is complete and a Competitive Range has been determined, Proposers participating in a subsequent round will compete on an equal basis – scores from the previous round will be set aside and will not carry over. The Proposer with the highest score from the final round will receive the highest final ranking.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in this RFP.. Agency may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

Agency will notify all Proposers in Writing that Agency intends to award a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions. Notices will be posted in OregonBuys.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice

DAS Procurement Services, Version 4.4 July 1, 2021 Page 22 of 25 to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

• Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

•…

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