Physical Therapy Services.pdf

DEMING PUBLIC SCHOOLS

1001 SOUTH DIAMOND

DEMING, NM 88030

Vicki Chavez, Superintendent

REQUEST FOR PROPOSALS

PHYSICAL THERAPY SERVICES

RFP 24-07

OPENING DATE: May 15, 2024, 3:00 PM MST

Commodity Codes: 92474

Deming Public Schools District 1001 South Diamond Ave.

Deming, NM 88030

I. INTRODUCTION

The Deming Public Schools intends to acquire Physical Therapy Services, for up to 4 school years (2024-25, 2025-26, 2026-27 and 2027-28), to provide such services to students with disabilities served in the district’s programs for student receiving Special Education. Both the district and the vendor will have the option to discontinue the contract with written notice provided by April 1st of each school year.

II. SCOPE OF WORK

The objective of these services is to provide physical therapy services for students who have been identified as needing services, and to evaluate students who have been referred to determine their eligibility for such services.

Anticipated need: 1 therapist on-site 5 days per week, 40 weeks, 7 hours per day. Actual needs may change. If a PTA is proposed, the company must be able to provide supervision for the PTA.

1. If agreed upon services are not provided, the district can without notice contract additional services from other contract sources.

2. Contract person or company will provide district with work history and references of all individuals providing services in the district.

District will have veto option for personnel.

3. All contract service providers must have all required licenses provided to the district before initiating any services.

4. Payment will only be made for services rendered. Therapist can only bill for related activities and cannot exceed contracted days or times.

All personnel will be expected to adhere to Deming District Policies. A copy of the “Policy” is available in the district’s website (www.demingps.org). Failure to comply with these policies could result in termination of this agreement. Approval from the Director of Special Education is required before any staff work beyond the expected workday as per district adopted calendar or outside the contracted day.

It is crucial that the therapist develop a rapport with their assigned school staff and administrators. Issues that cannot be resolved with staff need to begin with the school site administrator, using the proper chain of command. Failure to follow the proper chain of command can result in termination of contract.

Awarded contractors must have verified providers at least 30 days prior to the start of the contract. Failure to provide the proposed personnel may result in the district’s termination of the award and consideration of other vendors.

Payment will only be made for services rendered and invoiced weekly or monthly. Therapists can only bill for related activities and cannot exceed contracted days or times.

III. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

The District will make every effort to adhere to the following schedule:

# Action Responsibility Date

1 Issuance of RFP District 4/19/2024

Deadline to Submit Written Questions Potential Offerors 5/3/2024

3 Response to Questions/RFP Amendments District 3:00 PM 5/7/2024

4 Proposal Submission Offeror 3:00 PM 5/15/2024

Proposal Evaluation

Committee

5/20 – 5/24/24

Selection & Notification of Finalist(s)

Committee

5/28/2024

7 District Recommendation to Board Board of Education 6/14/2024

8 Submission of Award District 6/20/2024

The Committee reserves the right to adjust the schedule for items #6 through #8 if the committee deems it necessary to provide adequate time for the evaluation of proposals.

IV. GENERAL REQUIREMENTS

A. Number of Copies

Filing electronically through Bidnet Direct, https://www.bidnetdirect.com/new-mexico/demingpublicschools, only the electronic proposal with price submitted separately will be required.

B. Proposal Format

The proposal should be formatted in the following manner including the following sections (Format and ease of reading proposal will be considered):

1) Specifications (25 Points)

In this section vendors should describe how their proposal meets these requirements as well as include additional information they deem useful for the evaluation team.

a. General Requirements

i. Availability July 1 of each year through June 30 of the following year. Exact dates and number of days will be based on IEP requirements, adopted calendar(s) including Extended School Year Plan, Compensatory services, and summer programming and district staffing needs.

ii. Completion of Medicaid provider application and required reporting forms. Complete all required Medicaid documentation.

iii. Comply with background investigation policy, including paying background check expenses.

iv. Complete all documentation required by the district.

b. Services

i. Therapy provided for the length of time and for goals specified on the students’ IEPs.

ii. Participation in IEP meetings, as necessary. Must make arrangements if unable to attend the meeting.

iii. Assistance to IEP committee in interpreting speech/language test results and reports, determining eligibility and developing Speech and Language goals.

iv. Progress reporting as required by the students’ IEPs and in compliance with District and New Mexico Public Education Department guidelines.

v. Complete articulation evaluations as required.

vi. Consultation with staff and parents as necessary and appropriate.

vii. Workdays as per school calendar for student attendance. Services required to be done in the workday may include:

Prep time for IEP’s Travel time between schools Direct therapy Child find ECOs Consultation with staff and parents In-service with Director of Students with

Disabilities Formal and informal evaluations Participation on Eligibility Determination teams IEP meetings Progress tracking and reporting Completion of all required therapy notes and

Medicaid documentation together with any other state and district required paperwork

Staff meetings or other related duties as required by the Director of Students with Disabilities

Other duties as assigned Complete IEP draft at least 48 hours prior to scheduled IEP meeting.

End of the year summaries on students’ progress to be completed by the last day of the school year.

2) In-Person vs Virtual (5 Points)

a. Virtual therapy may be considered if face-to-face therapists are not available.

b. Identify the number of full days per 5-day week, per FTE awarded in which services will be provided in-person.

c. Non-compliance of the awarded provider’s proposed schedule may result in termination of or non-renewal of contract.

d. Office space, devices and connectivity will only be provided for therapists who work in person.

3) Personnel Requirements (20 Points)

a. Identify by name the specific personnel that will be contracted to provide services (Sample resumes or resumes of staff who will not be filling the position will not be considered and should not be submitted).

b. Include copies of proposed therapists’ current license(s) from New Mexico Public Education Department, Educator Preparation and Licensure Unit.

c. Include copies of proposed therapists’ current resume.

d. Copies of proposed therapists’ current transcript(s) must be available upon request.

e. Ability to speak, read and write fluently in English and Spanish is required for Bilingual therapists.

f. Changes in personnel during the school year must be approved by the Director of Students with Disabilities and the license and approved background check must be submitted before their first day of work. If therapist is not contracted within 14 days of the 1st day of the contract, the district has the option of considering other vendors to fill this vacancy and terminating the awarded contract.

g. The vendor is responsible provide supervision of ASLs.

4) References (20 Points)

a. References should be provided for the proposed therapist that highlight the following aspects:

1. Services Quality

2. The therapists’ ability to effectively document services in a timely manner

3. Therapists’ reliability, availability, professionalism, rapport with co-workers and students, and ability to follow procedures.

4. Experience within New Mexico School Districts.

5) Price (30 Points)

a. All cost information must be in this section. Vendor must provide an all-inclusive hourly rate (Any additional costs including but not limited to mileage, cost per pupil, evaluations, progress reports, intake, screening, etc. must be included in the hourly rate).

b. If vendor intends to add gross receipts tax, it must be indicated on the proposal, but not included in the hourly rate.

c. If multiple hourly rates are listed, the highest price will be considered for the proposal.

d. If the hourly rate cannot be determined due to changing variables, additions or vague language, the proposal will not be considered.

e. Flat rate charges, or additional charges per student will not be considered.

6) Forms

a. Campaign Contribution Disclosure Form Respondents are required to complete and return within its proposal a CAMPAIGN CONTRIBUTION FORM enclosed within this

RFP.

b. An 8% in-state resident or native American resident preference will be given to all resident New Mexico businesses that have been issued certification by the State of New Mexico. A 10% resident veteran or native American resident veteran preference will be given to all resident New Mexico businesses that have been issued certification by the State of New Mexico. To qualify for the preference, the bidder must list a valid resident business certificate number and shall submit a copy of the certificate with the bid. If you have a question regarding a Resident Business (or Resident Veteran Business or Native American resident/veteran) Certification, or wish to be given a number, you may contact the New Mexico State Department of Taxation and Revenue at 505-827-0951. This number is valuable to have as it allows the schools to consider your bid at five to ten percent less than the amount submitted and could mean a difference in award. Please note that this number is NOT your State CRS Number (i.e., 01-503047-004). This section is void if using Federal Funds to pay for services.

Any protest by an offeror must be in conformance with protest procedures set out in the District Procurement Procedures. The fifteen (15) day protest period shall begin on the day following the contract award. Protests must be written and must include the name and address of the protestor and the request for proposals number. It must also contain a statement of grounds for protest including appropriate supporting exhibits, and it must specify the ruling requested from the District Procurement Officer. The protest must be addressed and delivered as follows:

Joe Adcock C.P.O.

Deming Public Schools 1001 S Diamond Ave Deming, NM 88030 procurement@demingps.org

Protests received after the deadline will not be accepted.

V. CONTACTS

A. All questions regarding this proposal shall be submitted in writing, through fax transmittal or by e-mail, by 5:00 PM, May 3, 2024. All inquiries shall be directed to the Procurement Officer stated herein. Oral explanations or instructions given prior to the award of a contract shall not be binding.

Questions and/or suggestions concerning this proposal shall be directed to:

Joe Adcock

Chief Procurement Officer Phone No: (575) 546-8841 Fax No: (575) 546-8517

E-mail: procurement@demingps.org

B. Offerors shall not contact any other District official, evaluation committee member, or school district employee regarding this proposal or Offerors may be disqualified. The only approved contact shall be with the above referenced purchasing staff.

VI. GENERAL CONDITIONS

1. Acceptance of Conditions Governing the Procurement Offerors must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal. Submission of a proposal constitutes acceptance of the Evaluation Factors contained of this RFP.

2. Incurring Cost Any cost incurred by the offeror in preparation, transmittal, presentation of any proposal or material submitted in response to this RFP shall be borne solely by the offeror.

3. Prime Contractor Responsibility Any contract that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of the contract with the Agency. The Agency will make contract payments to only the prime contractor.

4. Subcontractors Use of subcontractors must be clearly explained in the proposal, and major subcontractors must be identified by name. The prime contractor shall be wholly responsible for the entire performance whether or not subcontractors are used.

5. Amended Proposals An offeror may submit an amended proposal before the deadline for receipt of proposals.

Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. The Deming Public Schools personnel will not merge, collate, or assemble proposal materials

6. Offerors' Rights to Withdraw Proposal Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The offeror must submit a written withdrawal request signed by the offeror's duly authorized representative addressed to the Procurement Officer. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations.

7. Proposal Offer Firm Responses to this RFP, including proposal prices, will be considered firm for ninety (90) days after the due date for receipt of proposals or sixty (60) days after receipt of a best and final offer if one is submitted.

8. Disclosure of Proposal Contents The proposals will be kept confidential until a contract is awarded or rejected by the Governing Body of the Deming Public Schools at a public meeting. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for the material which is proprietary or confidential. The Procurement Officer will not disclose or make public any pages of a proposal on which the offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements.

Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal.

Confidential data is normally restricted to confidential financial information concerning the offeror's organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, 57-3A-1 to 57-3A-7 NMSA 1978. The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information.

If a request is received for disclosure of data for which an offeror has made a written request for confidentiality, the District Purchasing Agent shall examine the offeror's request and make a written determination that specifies which portions of the proposal should be disclosed.

Unless the offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.

9. No Obligation This procurement in no manner obligates the Deming Public Schools or any of its agencies to the eventual rental, lease, purchase, etc., of any equipment, software, or services offered until a valid written contract is fully executed and approved by the Deming Public Schools, and other appropriate authorities.

10. Termination This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the Agency determines such action to be in the best interest of the Deming Public Schools.

11. Sufficient Appropriation Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the contractor. The District's decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

12. Legal Review The District requires that all offerors agree to be bound by the General Requirements contained in this RFP. Any offeror concerns must be promptly brought to the attention of the Procurement Officer.

13. Basis for Proposal Only information supplied by the District Purchasing Agent in writing should be used as the basis for the preparation of offeror proposals.

14. Offeror's Terms and Conditions Offerors must submit with the proposal a complete set of any additional terms and conditions which they expect to have included in a contract negotiated with the Deming Public Schools.

15. Contract Deviations Any additional terms and conditions, which may be the subject of negotiation, will be discussed only between the District and the selected offeror and shall not be deemed an opportunity to amend the offeror's proposal.

16. Offeror Qualifications The Evaluation Committee may make such investigations as necessary to determine the ability of the offeror to adhere to the requirements specified within this RFP. The Procurement Officer will reject the proposal of any offeror who is not a responsible offeror or fails to submit a responsive offer as defined in Sections 13-1-83 and 13-185 NMSA 1978.

17. Right to Waive Minor Irregularities The Evaluation Committee reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

18. Change in Contractor Representatives The District reserves the right to request/require a change in contractor representatives if the assigned representatives are not, in the opinion of the District, meeting its needs adequately.

19. Notice The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil and misdemeanor criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kick-backs.

20. Agency Rights The Agency reserves the right to accept all or a portion of an offeror's proposal.

21. Right to Publish Throughout the duration of this procurement process and contract term, potential offerors and contractors must secure from the District's written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent contract. Failure to adhere to this requirement may result in disqualification of the offeror's proposal or termination of the contract.

22. Ownership of Documents All materials, work papers, meeting notes, design documents, or other documents produced by the contractor shall be the property of the Deming Public Schools. The original and one copy of all such documents shall be indexed and placed in appropriately labeled binders and delivered to the District Executive Administrative Assistant at the conclusion or termination of the contract.

23. Ownership of Proposals All documents submitted in response to this Request for Proposals shall become the property of the Deming Public Schools.

24. Preference An 8% in-state resident or native American resident preference will be given to all resident New Mexico businesses that have been issued certification by the State of New Mexico. A 10% resident veteran or native American resident veteran preference will be given to all resident New Mexico businesses that have been issued certification by the State of New Mexico. To qualify for the preference, the bidder must list a valid resident business certificate number and shall submit a copy of the certificate with the bid. If you have a question regarding a Resident Business (or Resident Veteran Business or Native American resident/veteran) Certification, or wish to be given a number, you may contact the New Mexico State Department of Taxation and Revenue at 505-827-0951. This number is valuable to have as it allows the Schools to consider your bid at five to ten percent less than the amount submitted, and could mean a difference in award. Please note that this number is NOT your State CRS Number (i.e. 01-503047-004). This section is void if using Federal Funds to pay for services.

REQUIRED FORMS

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period.

Furthermore, the state agency or local public body shall void an executed contract or cancel a solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law.

THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR

FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO

DISCLOSURE.

The following definitions apply:

“Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal.

“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to either statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.

ATTACHMENT (B) pg. 2

“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law.

“Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals.

“Person” means any corporation, partnership, individual, joint venture, association or any other private legal entity.

“Prospective contractor” means a person who is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a small purchase contract.

“Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor.

DISCLOSURE OF CONTRIBUTIONS:

Contribution Made By: __________________________________________

Relation to Prospective Contractor: __________________________________________

Name of Applicable Public Official: _________________________________________

Date Contribution(s) Made: __________________________________________

Amount(s) of Contribution(s) __________________________________________

Nature of Contribution(s) __________________________________________

Purpose of Contribution(s) __________________________________________

(Attach extra pages if necessary)

Signature Date

Title (position)

ATTACHMENT (B) pg. 3

--OR—

NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS

($250) WERE MADE to an applicable public official by me, a family member or representative.

Signature Date

Title (position)