RFP #25RFP18374

Questions and Responses December 15, 2025

A. RFP Submission Process, LLCs, New Contractors, Contract History Requirements

1 If a current mentor establishes an LLC to respond to this RFP but has no history of contracts or services, would that nullify or disqualify their response? (4.5) No. This RFP will evaluate the experience of the provider(s), even if the business entity is newly formed.

2 If the contractor is a newly established business but the individual has a history as an independent contractor of interpreting, would that suffice? (4.5) Yes. Section 4.5 requires proposers to describe relevant experience, which may include:

Individual professional history Previous independent contractor work Prior mentoring experience

The business entity itself does not need prior contracts.

3 For many mentors, the concept of an RFP is foreign — can you clarify how responses are to be submitted? Electronically and hard copy? (1.4, 5.1) An original of the proposal shall be submitted either electronically via email to Hailey King at Hailey.King@state.sd.us or in hard copy. If submitted by mail, the envelope should be addressed to:

REQUEST FOR PROPOSAL #25RFP18374

PROPOSAL DUE: FEBRUARY 1, 2026

STATE POC: HAILEY KING

DEPARTMENT OF HUMAN SERVICES – DIVISION OF REHABILITATION

SERVICES

1501 S HIGHLINE AVENUE SUITE 1C

SIOUX FALLS, SOUTH DAKOTA 57110

All proposals must be signed, in ink, by an officer of the responder, legally authorized to bind the responder to the proposal. Any hard copy submissions must be sealed in the form intended by the respondent. Proposals that are not properly signed may be rejected.

B. Definitions & Terminology 1 Clarification on what “Structured” means in this context. (3.0)

“Structured” refers to mentoring that is:

Planned Goal-oriented Guided by an assessment and mentoring plan Documented and trackable

C. State Termination of Agreement / Termination of Funds

1 It seems irrational that the state could terminate the agreement without notice—can this be explained or removed? (2.9) This is standard contract language required by the State of South Dakota. This contract term allows either party to terminate the agreement upon 30 days written notice. The state can terminate the agreement without notice if the contractor breaches the terms of the agreement. Termination with or without notice rarely happens.

2 If the state must terminate funds prior to hours being billed, will notice be provided? Could billed hours end up unpaid if funds run out? (2.10) The State will provide as much notice as possible. Hours delivered before termination would be compensated.

D. Mentor Eligibility and Continued Education

1 Is an audiogram required going forward? How does the state intend to verify this? (3.2.1.A) No. An audiogram is not required for Deaf or Hard of Hearing mentors. Instead, the State may verify an applicant’s Deaf or Hard of Hearing status and native ASL proficiency through program-appropriate methods as needed. These methods may include:

Self-attestation of Deaf or Hard of Hearing status and native ASL use.

Professional or community references from recognized Deaf community members, former employers, or colleagues attesting to ASL fluency.

Video demonstration of natural ASL use, mentoring, or conversational skills.

Verification of involvement in Deaf organizations or programs, demonstrating cultural and language experience.

Structured interviews conducted in ASL by State staff or qualified Deaf professionals if available.

These methods focus on ASL fluency and mentoring capability rather than medical documentation, respecting privacy while ensuring mentors meet program eligibility requirements.

2 CEU obligations for mentors vs. contractors; tracking; compliance notifications. (3.2.2)

i. Should this say, “Approved Mentors”? (3.2.2) Yes, technically the CEU requirement is applicable to the approved mentors, whether they are direct contractors or subcontractors.

ii. Are mentoring CEUs tracked? (3.2.2) Yes. CEUs will be tracked by the State. Independent tracking is also encouraged.

iii. Is it contractor or mentor responsibility? (3.2.2) Contractors and their sub-contractors are expected to ensure the completion of all continuing education as directed by DRS (20 continued education hours, or 2.0 CEUs, per year) as well as encouraged to attend biannual mentor meetings hosted by DRS.

iv. Will the state notify contractor if a subcontractor is non-compliant? (3.2.2) Yes. Notification will be issued in a timely manner.

E. Insurance Requirements

1 Why are all the insurances needed if we are contractors and not employees and don't drive our mentees anywhere? (2.6) The insurance types listed in the RFP are State-required minimums for any contracted vendor. Automobile liability insurance is included, despite mentors not transporting mentees, as this coverage is part of the State’s baseline contracting requirements.

However, extenuating circumstances related to these insurance requirements can be discussed during contract negotiations if an individual or entity wishes to present additional context or request consideration.

2 Can we get clarification on the requirement of insurance? (2.6)

i. Why would these be needed for the role of a mentor?

See response to E.1. above.

ii. Can an agency have a blanket policy then require subcontractors to also have policies of their own?

Yes. The contractor is required to satisfy all State-required insurance requirements outlined in the contract. However, contractors may choose to require subcontractors to carry their own insurance policies at the contractor’s discretion.

iii. Work comp based on state regulations would be only for employees if we are seeing it correctly in the state law, is that accurate?

While this is correct, this may vary depending on the type of contractor. It is recommended to share insurance requirements with your insurance provider to meet the insurance requirements laid out in the RFP.

3 Do the four required insurances only apply to a contracting agency, not anyone that is subcontracted? (2.6) See response to 2.ii. above.

4 Do subcontractors need to carry their own insurances? It reads like subcontractors don’t have to (3.6), but 2.14 says subcontractors must comply with applicable provisions and “provide insurance coverage for the benefit of the State.” (2.14) See response to 2.ii. above.

5 Would [Contractor] have to include Independent Contractors in their policy The State requires the contractor to comply with all insurance requirements set forth in the contract. Any mentor providing services must maintain appropriate insurance coverage. The contractor may choose to include subcontractors under its own insurance policy or require subcontractors to carry separate coverage, at the contractor’s discretion. Contractors are encouraged to review their insurance policies with their insurance provider to ensure all contractual requirements are met.

F. Independent Contractor, Agencies, and Subcontractors

1 Can there be clarification on wording "recipients"? Mentors are referred to as independent contractors and yet independent contractors are not allowed to respond to this RFP. (2.7, 4.0, 4.2) The word ‘recipients’ does not appear in the RFP. As noted in 4.1 of the RFP, independent contractors are encouraged to respond to this RFP.

2 If an established business entity responds to this RFP, is it required to list all planned subcontractors? If yes, would they be limited to those listed at bidding? (3.6) Yes, all known subcontractors must be listed. Additional subcontractors can be added with State Approval.

3 For adherence to mentoring plans, what is expected of the contractor beyond ensuring no one bills over their monthly allotment? (3.6)

Verifying CEUs

Ensuring assessments and plans are completed

Ensuring compliance with Admin Rules

Maintaining documentation Monitoring quality and consistency

4 Underutilization of allocated hours — is this a penalty to the contractor/subcontractor if mentees don’t schedule their full hours? (3.7) There is no penalty to mentors for mentee scheduling habits.

G. Reporting Requirements 1 What are monthly progress report requirements? (3.2.4)

Monthly reports may include:

Progress toward goals

Mentoring activities completed

Utilized hours

Upcoming needs

Challenges

Monthly reporting will provide sufficient documentation to verify service delivery as billed.

2 What reports must the contractor submit monthly beyond the invoice? (3.6) If a contractor chooses to submit invoices monthly, then the monthly report per mentee is the only additional documentation needed. For every month’s invoice, an accompanying report is required.

3 Do [Reports] come from the contractor or the mentor? (3.2.4) The reports may come from either the contractor with billing or from the subcontractor (if a subcontractor relationship exists) directly as long as they are submitted in a timely manner. Report flow from a subcontractor to the State may be determined by the contractor. Invoices without a corresponding reports per mentee will not be compensated until the report is received.

4 Does this imply monthly reports instead of quarterly?

Yes. Monthly reports will be requested along with monthly invoices starting June 1, 2026.

i. Monthly vs quarterly conflict clarified. (3.2.4) Monthly reporting will supersede previous quarterly requirements.

ii. Will mentee-involved reporting be billable? (3.3.5) Report writing that is a part of the invoice is considered non-billable time.

5 Who sends reports—the agency, mentors, or subcontractors through the agency? (3.2.4) See response G.3. above.

6 Who is required to send reports to the state specifically—the agency/contractor, the subcontractors, or the subcontractors via the agency?

See response to G.3. above.

H. Rates, Expenses, Fiscal Year, Billable Items

1 “The state will pay contractor expenses as a separate item.” (2.4)

i. Does this mean expenses may be billable under contract terms?

Allowable expenses outlined in the contract may be billed separately.

ii. Can documentation time and extraneous insurance costs be billed as expenses?

No.

2 “SFY 26”: Can language be included that rates may increase annually (not fixed for 5 years)?

(2.4) This language is included to provide a baseline for service rates going forward. Annual rate inflation will follow provider inflation rates approved by the State legislature.

3 SFY 26 rate did not increase from SFY 25. Is it reasonable to expect annual inflation adjustments at the State’s discretion? (2.4) See response to H.2. above.

4 How much time will be reimbursed for filling out assessments and how should this be documented? (3.5.1) Assessment time will be limited to 2 hours. This will be documented on the State-provided Assessment Form as well as the monthly report. This time will also be identified in invoices.

I. Conflicts of Interest & Dual Roles 1 CPC references “equivalent”— what qualifies as equivalent? (3.2.7, 3.3.4)

The State interprets “Equivalent” in the Registry of Interpreters for the Deaf (RID) Code of Professional Conduct (CPC) to mean comparable professional ethics standards, such as but not limited to:

National Association of Interpreters in Education (NAIE) Educational Interpreter Code of Ethics (EICOE)

Higher education faculty ethics policies (i.e. Augustana University)

2 Dual Roles / Conflicts of Interest:

i. How does this apply to Augustana University professors who are also mentors?

(3.2.7, 3.3.4) Professors at Augustana University may not mentor Augustana ITP students. This restriction exists because professors have evaluative authority regarding grading, assessing, and determining academic standing. Because of this power imbalance, mentoring their own students is considered a conflict of interest.

ii. How does this apply to Augustana University ASL Staff? (3.2.7, 3.3.4) ASL Lab staff are allowed to mentor Augustana students as they do not hold evaluative or academic authority over students and do not determine grades or academic progression. Therefore, they do not fall under the same conflict-of-interest restrictions as faculty.

iii. How does this apply to agency owners who are mentors? (3.2.7, 3.3.4) Agency owners may mentor a mentee as long as they are not actively serving as that mentee’s supervisor during interpreting work. When an agency owner is not functioning as a supervisor for the mentee’s interpreting work, and no supervisory authority is being exercised, the relationship does not constitute a conflict under the RFP.

iv. Some conflict-of-interest clarification needed. (3.2.7, 3.3.4) See response to 2i – 2iii above. Any perceived conflict of interest may be submitted to the program manager for review, determination, and guidance.

3 What constitutes a conflict in a small interpreting/deaf community? (3.2.7, 3.3.4) Conflicts of interest arise when a mentor has authority, influence, or financial ties that could affect the mentee’s decisions, evaluations, or professional opportunities. In a small community, examples include:

Mentoring someone whose work you directly evaluate

Mentoring students you teach (applies to professors, not ASL lab staff) Mentoring individuals whom you directly supervise, schedule, or hire

Mentoring someone with close financial or family ties

4 Clarification for faculty mentoring their own students. (3.2.7, 3.3.4) Professors at Augustana University may not mentor Augustana ITP students. This restriction exists because professors have evaluative authority regarding grading, assessing, and determining academic standing. Because of this power imbalance, mentoring their own students is considered a conflict of interest.

J. Augustana / ITP Accreditation / Release of Information

1 If Augustana loses accreditation, are students no longer qualified for services? Will admin rules be changed? (3.4.2) Eligibility is tied to enrollment in an accredited ITP. If a situation arises where accreditation status changes, the State will review the student’s eligibility at that time. No changes to the Administrative Rules are planned.

2 Does the Interpreter Mentoring Program Release of Information signed with Augustana conflict with this contract since the form mentions Authorized Mentors?

No. The Interpreter Mentoring Program Release of Information Form is a program requirement, not a contract requirement. Per 3.6, Contractors must ensure subcontractors comply with all program forms.

K. Ownership of Materials / Intellectual Property

1 What is considered state property? If mentors create activities, videos, or texts, do these become state property? (2.15) Any required reports, forms, documentation, or materials submitted to the State as part of contract performance become the property of the State. This may include but is not limited to:

Required reports and progress documentation

State-issued forms that mentors complete

Materials created specifically for and submitted to the State for program use

Independently created activities, videos, worksheets, or resources remain the mentor’s property unless the mentor provides them to the State for redistribution to other participants. Once independently created materials are submitted to the State for program-wide use, they become State property under this section.

L. Mentee Eligibility, Applications, Assessments Process

1 If mentors know ITP students are not staying in SD, are mentors responsible for reporting this?

Can the report come from a subcontractor, or must it be from the agency? (3.3.1) Yes. Eligibility for participation in the program depends, in part, on the mentee’s intention to remain in South Dakota after graduation or upon obtaining national certification.

A mentee’s intent not to remain in the state must be reported. The report can come directly from the subcontractor or through the agency, as long as it reaches the State in a timely manner. Based on the information provided, the State has discretion to grant or deny approval for participation in the program.

This ensures that program resources are allocated effectively and that mentees who intend to practice or remain in South Dakota can receive the full benefit of mentoring services.

2 Confusion about mentee completing the application alone. Admin Rules require mentor involvement in both application and assessment. (3.2.3) This RFP places the responsibility on the mentee to submit their mentoring application and obtain State approval for participation prior to assessment completion. Once the mentee is approved, the mentor is then responsible for completing the assessment with the mentee.

This language may seem to conflict with South Dakota Administrative Rule ARSD 46:30:06, which outlines the mentor’s required involvement in both the application and assessment processes. To clarify, under ARSD 46:30:06, mentors are expected to participate in or provide guidance on portions of the application process as needed, while still ensuring that all required documentation is formally completed prior to service delivery.

3 How does the renewal application fit? (3.2.3) Renewals follow the same structure but require shorter participant information updates.

4 Will later timing of program assessments (per workshop discussion) impact requirements?

(3.2.3) Assessment timing may shift but mentors must still complete assessments once the State determines allowance window. This determination will be announced prior to program year begin date of June 1, 2026.

5 Expected state timeline for completing their role so services aren’t delayed? (3.2.3) The goal is to avoid delaying services. Typically, the State processes applications within 1

– 2 weeks.

6 Does the RFP conflict with Admin Rules regarding mentor participation in application? (3.3.1) See response to I.2. above.

7 Are ITP students not intending to stay in SD ineligible? (3.3.1) See response to I.1. above.

8 Is the mentoring plan separate from the assessment form or is the assessment the plan? (3.3.3) The assessment identifies needs whereas the mentoring plan outlines goals and activities.

However, these are on the same form.

9 Would the state consider an hourly maximum per mentor instead of a per-person maximum?

(3.4) The State intends to set a maximum of 15 mentees per mentor at a time to ensure that each mentee receives sufficient attention and quality mentoring. This per-mentee cap:

Guarantees equitable access to mentoring services for all participants.

Prevents overextension of mentors, ensuring they can provide meaningful guidance and complete all required documentation for each mentee.

Supports consistent program quality and oversight, as mentor workload remains manageable.

Additional mentees above this allowance may be acquired at the State’s discretion, allowing flexibility for exceptional circumstances, such as growing program needs. This permission shall be granted to a mentor who demonstrates capacity to support more than 15 mentees without compromising service quality.