RFA 2023-406 Template 5.12.26 - Updated.docx

Request for Applications Conditional Release / Unconditional Release Evaluators

RFP IHJA 2023000406

Modified April 29, 2024 Basic Information and Timeline

All dates and times are subject to change and are in Mountain Time.

Table of Contents

A. Quick Resources

1. For questions about this solicitation, contact the Single Point of Contact identified above.

2. For help with Vendor Self Service (ColoradoVSS), contact the Vendor Self Service Help Desk vsshelp@state.co.us or 303-866-6464.

3. For information about doing business with the state of Colorado generally, go to: https://osc.colorado.gov/spco/accesscolorado.

4. The Department is always interested in improving. Please take this survey at any time: https://docs.google.com/forms/d/e/1FAIpQLScIgv9lgrT3x5AGzcvT1xkvpucrRhhN5QJ23vLcbyfvc2smaw/viewform (We do actually read the responses) B. Introduction and Background Located within the Colorado Department of Human Services (CDHS), the Office of Civil and Forensic Mental Health (OCFMH), Forensic Services oversees and purchases contract services for mental health evaluations. Forensic Services consists of four departments: Court Services, Forensic Community Based Services (FCBS), Jail Based Evaluation and Restoration, and Outpatient Restoration Services. The Forensic Community-Based Services (FCBS) Program is the statewide system of community-based treatment and monitoring for persons found Not Guilty by Reason of Insanity (NGRI) who are under the authority of the State of Colorado. The purpose of this Request for Application is to contract with vendors to provide conditional release or unconditional release evaluations in a timely manner as needed and requested by the courts.

C. How to Submit an Application

1. In General. Email the application, Signature Page, and any other required documents in one zip file as an attachment to this email address: JG_FY_2.pt0ahuc1wzo7twg2@u.box.com Please be aware of email server file size limitations. The maximum file size the Department can accept is 15 GB.

2. Only Attachments. Only the zip file goes through. The Department cannot see any text or messages sent to the email address identified above. Written questions may be emailed to the Single Point of Contact.

3. File Names. The zip file name should start with the solicitation type, solicitation number, and vendor name (e.g., “RFA 2023000406 Vendor Name…”). Vendors may include additional information in the zip file name.

4. Timing. The zip file typically uploads within five minutes; however, vendors should submit zip files at least thirty minutes prior to any deadline to ensure the file is received.

5. Confirmation. Vendors will receive an email confirmation from box.com that the zip file was uploaded correctly. If not, please contact the Single Point of Contact.

6. No Encryption. Do not encrypt emails sent to the submission email as it may prevent full submission.

7. Pre-application Conference. There will not be a pre-application conference.

8. Questions. Vendors may submit questions by email to the Single Point of Contact prior to the Questions Due Date identified in the Basic Information and Timeline above. The Department may answer some, all, or none of the questions asked by posting them publicly. Send to: jamie.gott@state.co.us

9. Late Applications will not be accepted unless specifically allowed by rule and at the Department’s sole discretion.

D. Application Format

1. Maximum Length. Applications should not exceed six pages. The Department may evaluate application negatively if this page limit is not followed.

E. Application Content

1. Application Substance. Answer or address the following questions or issues:

i. Indicate how you or vendor intends to provide the requested services.

ii. Indicate where you intend to provide the services, days, and hours available and your location of services, days, and hours available

2. Cost. Answer or address the following questions or issues:

Complete Rate Information (page 11) indicating your proposed rates for the type of evaluations being provided. Include any other additional information on this page that will further address the services and rates you would provide.

3. Qualifications, Resume or Curriculum Vitae (CV) detailing previous/current experience or private practice experience.

4. Identify how you or your organization will meet the activities listed in Section E.1.

5. Project Budget and Narrative (Rate Information page 11)) IMPORTANT: The budget form must explain all expenses included. Applicants are responsible for ensuring the calculations in the budget are accurate. There will be no reimbursement for pre-award costs. The Colorado Department of Human Services, Office of Civil and Forensic Mental Health (OCFMH) reserves the right to deny requests for any item in the budget that is deemed to be unnecessary for the implementation of this project.

6. Complete Signature Page

7. Submit the W9 document for the EIN/TIN you intend to use for payment.

F. Demographic Form

1. In an effort to best comply with Colorado Procurement Code rule R-24-103-901 re maximizing opportunities, we like to gather certain voluntary demographic information from potential vendors where possible. This is entirely voluntary and does not affect an organization’s application/proposal/quote/bid or contract whatsoever in any way. It is not taken into consideration in this procurement process or reviewed by evaluators in this process. The information gathered is submitted directly to a data gathering team at CDHS who provide general statistics on outcomes and trends to CDHS Contracts & Procurement leadership on approximately a quarterly basis so that this leadership can look for ways to generally and overall maximize opportunities as described in the Code. Please fill out the following form regarding your organization’s demographic information if and to whatever extent you are willing. This is again entirely voluntary and has no impact on your potential work for the State: https://app.smartsheet.com/b/form/219f6db8803b4994afb9bf70e84fa421 G. How Applications are Evaluated

1. In General. The Department will assess each application based on Evaluation Factors and determine the best application(s). The assessment may vary based on the time and resources available to make a determination. The Department may request more information or clarifications from any vendor. The Single Point of Contact will notify all vendors of the final decision.

2. Mandatory Criteria. The Department may identify mandatory criteria. However, the Department reserves the right to waive mandatory requirements in its sole discretion.

3. Evaluation Factors. The Department may evaluate applications based on the information requested or referenced in the application content section, or as noted throughout the solicitation.

4. References. The Department may contact references, whether provided or not, and also consider them as part of the evaluation.

H. Ethics and Accessibility

1. Any person involved in the purchasing process for the State, any end users of such goods and services, any vendor or contractor that does business with the state, and any other interested third parties to the procurement process shall enhance the proficiency and stature of the purchasing process by adhering to the highest standards of ethical behavior.

2. Accessibility Requirements. All work performed as a result of this solicitation must comply with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103 (2.5), C.R.S. and 3) all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.

I. Administrative Information

1. Communication. All communication regarding this solicitation must be done through the Single Point of Contact identified above. Unauthorized contact with any Department personnel other than the Single Point of Contact regarding this solicitation is prohibited and may result in disqualification.

2. Notices. The Department may modify this solicitation by posting changes via the Colorado VSS website. All communications will be posted on the VSS, www.colorado.gov/vss, and/or through a direct email from the Single Point of Contact.

3. Modifications of Applications. Applications may be modified or withdrawn by the vendor prior to the established due date and time.

4. Presentations or Site Visits. At the Department’s sole discretion, the Department may request presentations or site visits. Vendors should not, however, prepare the application with the assumption that an opportunity for oral presentations or revisions will be offered.

5. Acceptance of solicitation terms. An application submitted in response to this solicitation shall constitute a binding offer and acknowledgment that all terms and conditions of this solicitation are accepted. Vendors must identify any variations between its application and the solicitation. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance.

6. Contract. Vendors must agree to the State’s contract terms, found here: https://cdhs.colorado.gov/procurement or as an exhibit to this solicitation. Please note that any referenced or attached model contract lists the State’s standard required legal provisions but may not include the specific scope of work and other specific terms or requirements for this solicitation. Vendors must review any attached contract terms and note any exceptions. If no exceptions are noted, Vendor is indicating an intent to accept the terms as-is. Modifications to the State’s contract terms constitute increased risk and costs to the State. Therefore, Vendor’s noted exceptions may be considered in any evaluation.

7. Award. The Department will notify all vendors who submitted an application when it issues a Notice of Intent to Award or an actual award. The awarded vendor(s) must act in good faith to execute an agreement on or before the Anticipated Contract Start Date identified above. If this date is not met, through no fault of the State, the State, at its sole discretion, may cancel the Notice of Intent to Award.

8. Reconsiderations.

i. Sponsoring Agency Reconsiderations. If a Sponsoring Agency provides for an appeal process, then the Department will follow the appeal process provided by the Sponsoring Agency.

ii. Federal Program Reconsiderations. If a federal program under which funding is provided for provides for an appeal process, then the Department will follow the appeal process provided for by the federal program.

iii. Department Reconsiderations. If there is no Sponsoring Agency or federal appeal process available, then vendors who believe that they should have been issued an award when they were not or who believe that they were otherwise not properly awarded may submit an appeal to Lauren Ingalls (email to lauren.ingalls@state.co.us), Procurement Director, Division of Contracts and Procurement, Department of Human Services, who will review the appeal and make a final determination, unless the authority for making this determination is otherwise specified by law. The sole remedy for Applicants shall be potential funding depending on availability of funding. The appeal shall be submitted in writing within five business days after such aggrieved person knows, or should have known, of the facts giving rise thereto.

9. CORE Registration. Unless otherwise noted, before the Department can award to any vendor, that vendor must be registered in CORE, which can be completed through Vendor Self Service at www.colorado.gov/vss.

10. EFT. Awarded vendors are encouraged to sign up for EFT transfers.

11. Secretary of State Registration. Before Contract execution, the awarded vendor must be registered to do business in the State of Colorado. If a vendor is a foreign corporation (formed under a statute or common law in a jurisdiction other than Colorado) or other foreign entity transacting business in the State of Colorado, it shall warrant that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process.

12. System for Award Management. Before Contract execution, the awarded vendor(s) must be registered with the System for Award Management (SAM.gov).

13. Confidentiality. The State of Colorado is subject to the requirements of §24-72-200.1, C.R.S., et seq., Colorado Open Records Act. Anything submitted by a vendor is likely to become public information. Vendors may submit, as a part of its solicitation response, a written request for classification of certain portions of the proposal as confidential information pursuant to Colorado Procurement Code R-24-101-401-03. Material for which confidentiality has been requested shall be readily identifiable and separable from other portions of the solicitation to facilitate public inspection of the non-confidential portion of the solicitation response, if it is not, the confidentiality request will not be considered. Commingling of confidential and non-confidential information is not acceptable and any confidentiality request made in this fashion will not be considered. In no event shall an entire proposal be classified as confidential. Marking an entire proposal as confidential is a confidentiality request that will not be considered. Price information will not be considered confidential. In addition to complying with the aforementioned restrictions, in order for the confidentiality request to be considered, the vendor must include the rationale for the request to classify portions as confidential, as specified in the Colorado Procurement Code R-24-101-401-03, specifying by line which section of §24-72-204, C.R.S. is the purported authority for the requested confidentiality determination ("Confidentiality Request Justification"). The confidentiality request shall also include both a proposed redacted version and an unredacted version of the submission. The Procurement Official or his or her designee shall determine if the information identified in the Offeror’s request is exempt from disclosure in accordance with §24-72-204, C.R.S., and shall inform the Offeror in writing of his or her determination. If the Offeror does not agree with the determination, the Offeror may protest the determination in accordance with article 109 of the Colorado Procurement Code and the terms of this solicitation. Reference Procurement Rule R-24-101-401-03. A confidentiality request, even if granted, will not render any potential later mutually-negotiated contract terms confidential, as such a resulting contract would be a matter of public record.

14. Background Checks. Pursuant to C.R.S. §27-90-111 and Department policy, any vendor, and its agent(s), who has direct contact with vulnerable persons in a state-operated facility, or who provides state-funded services that involve direct contact with vulnerable persons in the vulnerable person’s home or residence, shall:

i. submit to and successfully pass a criminal background check, and

ii. report any arrests, charges, or summonses for any disqualifying offense as specified by C.R.S. §27-90-111 to the Department.

15. Application Prices. Estimated prices are not acceptable. Best and final offers may be considered in determining the apparent successful vendor. Applications shall be firm for a period of not less than 180 calendar days from the date of award.

16. Cancellation. A solicitation may be cancelled only when there are cogent and compelling reasons to believe that the cancellation of the solicitation is in the state's best interest. An award of a contract under a solicitation may be cancelled, in whole or in part, when the procurement official determines in writing that such action is in the state's best interest.

17. Costs. The Department is not liable for any cost incurred by vendors prior to any formal contract, purchase order, or other agreement. No property interest of any nature shall occur until a contract is signed by all concerned parties.

18. Application Rejection. The Department may reject an application, waive informalities, and minor irregularities, or accept any portion.

19. Tax ID. Any tax identification number provided must be that of the vendor responding to the solicitation. The vendor must be a legal entity with the legal right to contract.

20. News Releases. Vendors may not issue any news releases pertaining to this solicitation without the Department’s prior written approval.

21. Taxes. The Department is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and from all state and local government use taxes C.R.S. §39-26-114(a). The Colorado State and Local Sales Tax Exemption Number is 98-02565. When materials are purchased in certain political subdivisions (for example - City of Denver), the vendor may be required to pay sales tax even though the ultimate product or service is provided to the State of Colorado. This sales tax will not be reimbursed by the State.

22. E-Verify. Vendors must participate in the federal E-Verify program or the Colorado Department of Labor and Employment Program as required by C.R.S. §8-17.5-101.

23. Services Outside of Colorado or the United States. Vendors must disclose services performed outside of Colorado or the United States as required by C.R.S. §24-102-206.

24. Notice to NonResident Bidders. If a nonresident vendor is from a state that provides a bidding preference to vendors from that state, then a comparable percentage disadvantage will be applied to the bid of that nonresident vendor pursuant to C.R.S. §24-103-908. The vendor may obtain additional information from the department of personnel's website.

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J. Exhibit List

EXHIBIT A – STATEMENT OF WORK

Forensic Services Department Evaluations Risk and Release Examinations

1. Definitions The following terms shall be construed and interpreted as follows:

1.1. “Bond evaluation” means an evaluation in which the defendant is in the community and on bond or summons.

1.2. “CDHS” means the state of Colorado, acting by and through the Department of Human Services; alternately referred to as “State” or “Department.”

1.3. “Competency evaluation” means an evaluation ordered by the court to determine a defendant’s capacity to understand their charges, court proceedings, and assist a lawyer in their defense. Competency to stand trial is generally determined via a pretrial evaluation of the defendant’s overall mental status at the time of the examination. These evaluations aim to provide sufficient information to allow a judge to rule on the competency of the defendant should a motion to that effect be made by either the prosecutor or defense attorney or otherwise at the direction of the court. Psychologists/Psychiatrists can help determine if a client has an adequate understanding of the legal proceedings and ability to work with their attorney. The focus of the evaluation is on current functioning and mental status.

1.4. “Contract” means this agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.

1.5. “CTP evaluation” means an initial competency evaluation when a defendant has not yet been adjudicated as incompetent to proceed.

1.6. “Court Letters” means a letter written by Contractor to the court when an evaluation is unable to be completed by the deadline/upcoming court date (e.g., Contractor cannot make contact with a client after multiple attempts client does not attend a scheduled appointment after all reasonable attempts have been exhausted to schedule). Letters should only be sent to the court when professionally appropriate and after all reasonable attempts (i.e., all known methods to connect with defendant have been exhausted whether that be through the defendant directly, attorney(s) involved, department, etc.) to complete an evaluation have been attempted.

1.7. “FSDV” means the OCFMH’s Forensic Services Division.

1.8. “Hold and Wait” means an evaluation in which the Sheriff transports the defendant to the evaluation, remains present during the evaluation, and returns the defendant to custody/jail at the conclusion of the evaluation.

1.9. “In Custody evaluation” means an evaluation in which the defendant is housed in a secure, locked facility (e.g., jail, hospital, prison)

1.10. “Inpatient evaluation” means an evaluation in the custody of the department, either in a hospital or in a full time, jail-based restoration program developed by the department.

1.11. “ITP evaluation” means a follow up competency evaluation, including an evaluation of a defendants’ restoration to competency, after a defendant has been adjudicated as incompetent to proceed by the court and competency restoration has been ordered.

1.12. “No show” means a confirmed scheduled interview in which the client does not appear for their appointment or is unable to due to extenuating circumstances despite having scheduled. A no show does not include when an evaluator has to cancel an appointment, when an interview is started but not completed, when inclement weather interrupts the appointment, or other such circumstances.

1.13. “OCFMH” means the CDHS Office of Civil and Forensic Mental Health.

1.14. “PHI” means any protected health information, including, without limitation any information whether oral or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (ii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is not limited to, any information defined as Individually Identifiable Health Information by the federal Health Insurance Portability and Accountability Act.

1.15. “Services” means the services to be performed by Contractor as set forth in this Contract, and shall include any services to be rendered by Contractor in connection with the Goods.

1.16. “State” means the state of Colorado, acting by and through the Department of Human Services; alternately referred to as “CDHS.”

1.17. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, CJI (criminal justice information), PHI (protected health information), and State personnel records not subject to disclosure under Colorado Open Records Act (CORA).

1.18. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA.

1.19. “Risk Examination” is a comprehensive evaluation of an individual's factors known to be associated with elevated or mitigated risk as it pertains to target behaviors.

1.20. “Release Examination” is a comprehensive individualized assessment of one’s current clinical presentation as it applies to the relevant statutory requirements for release.

Any other term used in this Contract that is defined elsewhere (including in an Exhibit) shall be construed and interpreted as defined.

2. General Terms and Conditions

2.1. Contractor shall seek to support the CDHS Mission to collaborate as a partner to design and deliver high quality human and health services that improve the safety, independence, and well-being of the people of Colorado.

2.2. In the event funding is no longer available for contracted evaluations or there is a need to reduce referrals to contractors, the OCFMH has the right to temporarily or permanently discontinue the use of this contract and/or reduce assignments at no additional cost and with no penalty whatsoever.

2.3. The OCFMH reserves the authority to monitor and audit Contractor’s Services.

2.3.1. CDHS shall conduct both unannounced and announced review of Contractor’s services to assure that individuals receiving services from CDHS are receiving appropriate services, and are cared for in accordance with all CDHS and OCFMH regulations, policies, and procedures.

2.3.2. OCFMH will audit Contractor’s performance at a minimum of once per year, or more if needed. Audits will include review of submitted reports and other relevant materials.

2.3.3. When the OCFMH provides results of audit to Contractor, Contractor shall address any identified deficiencies in accordance with Colorado statute (e.g., competency statute, duty to report, and duty to warn statute), FSDV policy and practices, and best practices.

2.3.4. If the OCFMH identifies significant deficits in this auditing process, they reserve the right to terminate the Contract. This includes if the Contractor does not incorporate feedback provided to them in prior reviews/audits or meet the standards set forth by the department.

2.4. Release of Contract

2.5. Contractors are a representation of the CDHS and FSDV and must act in a respectful and appropriate manner when dealing with key stakeholders internally and externally.

2.6. Contractors shall adhere to the most current CDHS, OCFMH, and FSDV policies (Exhibits A.1 – A.9)

2.7. Subcontracting is not permitted unless directly approved by the Division Director.

3. Contractor Services

3.1. Contractor Requirements

3.1.1. Contractor shall have appropriate credentials to provide services. Contractor must have a doctoral degree in Psychology or Medicine and must be a licensed psychologist or psychiatrist in the State of Colorado. Contractor must therefore also complete associated continuing education required for being a licensed psychologist or psychiatrist in the State of Colorado.

3.1.2. Contractor shall maintain all business licensing necessary to conduct related services. Proof of such licenses, certifications, approvals, and insurance shall be provided upon the application process or at the OCFMH’s request and an updated version shall be submitted to the OCFMH secondary to any changes. Any revocation, withdrawal or nonrenewal of necessary license, certification, approval, insurance, etc. required for the Purchase order or to properly perform this agreement shall be grounds for termination of this agreement by the OCFMH.

3.1.3. Contractor shall complete all onboarding requirements prior to conducting any services, which will include any initial and subsequent training, orientation to the CDHS system, policies, and procedures. Contractor will also be responsible for completing necessary annual licensure requirements for Colorado, attending annual training provided by CDHS, and completing any training for specialized evaluations as required by CDHS. It will also include any training required as a result of the quality assurance process.

3.1.4. Contractor agrees to carry and provide State minimum levels of malpractice insurance and provide such proof of insurance upon signature of the final agreement should they be awarded.

3.1.5. Contractor must disclose if they are a former or current State of Colorado employee and the dates of their employment with the State.

3.1.6. Contractor must abide by the timeliness set forth by the court orders, FSDV, and/or statute when completing these evaluations. A lack of timely completion of work can be terms for termination of the Contract.

3.1.7. There may be times when the OCFMH requests the Contractor complete additional evaluations beyond set maximums. This is at the discretion and approval of the OCFMH.

3.1.8. Given the ever changing nature of State case law and statute associated with services in this Contract, it is expected that Contractor will remain current with the available legal information pertaining to such cases and as applied in Colorado.

3.1.9. Contractor will adhere to the internal case assignment process. Cases will be assigned by staff in the Forensic Community Based Services program based on established department practice and policy. Contractor must provide needed information in order for cases to be assigned, such as availability and geographic restrictions. Cases will only be assigned to the Contractor if appropriate training to conduct such evaluations has been verified. Barring extenuating circumstances or ethical issues, Contractor will not reject assignments given to them.

3.1.10. Contractor is responsible for maintaining and tracking their cases once they have been assigned. Contractor must immediately notify Forensic Community Based Services program staff when there is an issue pertaining to a case or meeting case deadlines.

3.2. Forensic Evaluations

3.2.1. Forensic Evaluations include release evaluations and risk evaluations. Any clinically indicated or legally required psychological testing associated with these evaluations required will be completed by the Contractor.

3.2.1.2. Risk Assessment: The Contractor shall provide specific evaluations as referred by the Forensic Community Based Services (FCBS) Program or when ordered by the court and provide a detailed report that meets departmental and statutory standards, outlining the results of the testing or evaluation, as well as a diagnostic impression and associated recommendations. In some instances, contractors may be called to testify regarding their reports. Contractor may complete risk evaluations if Contractor completes FSDV training requirements, has prior experience conducting such evaluations in a manner similar to Colorado, and has been approved by FSDV leadership. Additional training and/or orientation may be required by FCBS to ensure programmatic understanding as associated with potential evaluation recommendations when the referral stems from FCBS.

3.2.1.3. Release Examination: The Contractor shall provide specific evaluations as referred by the Forensic Community Based Services (FCBS) Program or when ordered by the court and provide a detailed report that meets departmental and statutory standards, outlining the results of the testing or evaluation, as well as a diagnostic impression and associated recommendations. In some instances, contractors may be called to testify regarding their reports. Contractor may complete release examinations if Contractor completes FSDV training requirements, has prior experience conducting such evaluation in a manner similar to Colorado, and has been approved by FSDV leadership. Additional training and/or orientation may be required by FCBS to ensure programmatic understanding as associated with potential evaluation recommendations when the referral stems from FCBS.

3.2.1.3.1. Conditional Release Examination: An evaluation ordered by the court or requested by FCBS to opine on a defendant’s eligibility for release, with conditions, from their commitment to the Department of Human Services. Contractor shall utilize the criteria for release as determined by the date of offense and identified in C.R.S. 16-8-120 and in accordance with OCFMH standards. In some instances, contractors may be called to testify regarding their reports. Contractor may complete conditional release examinations if Contractor completes FSDV training requirements, has prior experience conducting such evaluation in a manner similar to Colorado, and has been approved by FSDV leadership. Additional training and/or orientation may be required by FCBS to ensure programmatic understanding as associated with potential evaluation recommendations when the referral stems from FCBS.

3.2.1.3.2. Unconditional Release Examination: An evaluation ordered by the court or requested by FCBS to opine on a defendant’s eligibility for release, without conditions, from his/her commitment to the Department of Human Services. Contractor shall utilize the criteria for release as determined by the date of offense and identified in C.R.S. 16-8-120 and in accordance with OCFMH standards. In some instances, contractors may be called to testify regarding their reports. Contractor may complete unconditional release examinations if Contractor completes FSDV training requirements, has prior experience conducting such evaluation in a manner similar to Colorado, and has been approved by FSDV leadership. Additional training and/or orientation may be required by FCBS to ensure programmatic understanding as associated with potential evaluation recommendations when the referral stems from FCBS.

3.3. Other Forensic Expertise

3.3.1. Consultation: Consultation includes but is not limited to use of a select expertise not otherwise available within the department in order to inform legislation, evaluation, treatment, process, and/or program development. Consultation may include documentation review, research, or serving as a subject matter expert during internal and external stakeholder meetings or hearings.

3.3.2. Program Development, Training, and Teaching: Program development and training includes but is not limited to assisting the department in the development of best practices, programming, processes, policies, etc., and developing and providing any associated training. Training may also include serving as a departmental support for clinical training not otherwise available from within the department.

3.4. Workload Requirements

1 evaluation = 4 credits

1 evaluation = 4 credits

3.4.1. Spanish speaking Contractor may charge an additional $250 per evaluation for Spanish speaking defendants.

3.4.2. All minimum and maximum requirements are contingent upon the availability of such evaluations and the needs of the CDHS. Minimum requirements pertain to submitted evaluation totals per specified time period. Contractor shall not submit more than two of any type of evaluation listed above per month.

3.4.2.1. The credit system is also noted, as some contractors may hold additional contracted duties for other forensic evaluations for FSDV. For those individuals, they may not complete more than 16 credits per month across the two contracts without direct approval from FSDV leadership. If the contractor also holds other contracts with the Department, that workload may be incorporated into these parameters.

3.4.2.2. Contractor must make all efforts to complete the minimum required evaluations.

3.4.2.3. Contractor shall complete assigned evaluations within a three (3) month time period, beginning from the point of receipt of records in full (i.e., all records available to the Department). Contractors may request an extension of the due date, which will be considered on a case by case basis.

3.4.2.4. Contractor must alert relevant FSDV staff when they are out of office and unable to complete minimum evaluations.

3.4.2.7. Consultation, program development, training, and teaching will be assigned by FSDV leadership on an as needed basis.

4. Contractor Rates and Billing information

4.1. Risk and Release Examinations: This is an all-inclusive rate per evaluation, and there is no reimbursement for travel or other expenses such as review of records or other documents.

4.2. Risk and Release Evaluations

$3200

4.3. Testimony is reimbursed at $150 per hour. Testimony preparation will be reimbursed at a rate of $150 per hour with a cap of four hours. In the event testimony preparation exceeds the cap, costs incurred will be determined on a case-by-case basis with written pre-approval by FSDV.

4.4. Consultation, program development, and the provision of training is reimbursed at $150 per hour. Associated research and preparation may be reimbursed if not already established. If such activities are project specific, it may require a separate work agreement and contract, as well as potential rates.

4.5. No shows (with no letter written to the court) are reimbursed at a rate $50 per occurrence. Cases that require a letter to the court that are pertaining to client issues, per guidance in definitions section, are reimbursed at the rate of $100 per occurrence. Either a no show or letter should be billed for an occurrence; Contractor shall not bill both for any single occurrence.

4.6. In special circumstances, Contractor may bill for travel after obtaining written pre-approval by FSDV. Costs incurred prior to written approval are not reimbursable. All pre-approved travel must be coordinated and paid for by the OCFHM pursuant Fiscal Guidelines.

4.6.1. Contractor can bill for mileage if the evaluation involves travel 50 miles or more from Contractor’s residence. Any travel under 50 miles from the point of residence is not billable.

4.6.2. The cost associated must be within per diem and travel guidelines set forth by the Office of State Controller. CDHS will not reimburse outside of the per diem allowed to include meals over the permitted amount, when overnight travel is approved.

4.6.3. If travel requires overnight stay with travel distance exceeding 50 miles from point of residence, a request may be submitted for lodging reimbursement. Hotels are coordinated by CDHS not the evaluator to ensure that the rate is not excessive and is tax exempt.

4.6.4. Contractors shall make all reasonable attempts to attend all testimony virtually when travel reimbursement may apply. If Contractor resides more than 50 miles from the testimony location and is required to attend in-person testimony, Contractor will discuss travel costs with FSDV on a case-by-case basis, prior to initiating travel plans.

4.7. Contractor is not guaranteed a specific number of clients nor is there a guarantee for a specific dollar amount for reimbursement per fiscal year. Contractor understands that these services are on an “as needed” basis as required by the courts.

5. Required Orientation and Training

5.1. Orientation and Initial Requirements

5.1.1. Contractor shall be required to attend orientation trainings at the Contractor’s expense. There will be no reimbursement for this orientation or the mileage to attend such orientation. If requested by the Director of Court Services, supervisor of contract evaluators, and/or Office and Deputy Director, more training may be required to fulfill a business need. This may be at the contractor's expense.

5.1.2. Contractor will also be required to attend any required training for special evaluation types (i.e., risk assessment, conditional/unconditional release evaluations).

5.1.3. Contractor shall agree to undergo and successfully pass a CBI Background check, conducted and paid for by the OCFMH in accordance with C.R.S. 27-90-111. No contact with clients shall take place until the background check is complete and passed.

5.1.4. Contractor shall submit to and successfully pass a drug screen at the cost of the OCFMH if required.

5.1.5. Contractor must review and subsequently adhere to all CDHS, OCFMH, and FSDV policy, including CDHS/FSDV Code of conduct (Exhibit A.1), VI. 3.5 Workplace Violence (Exhibit A.2), and Preventing Sexual Harassment (Exhibit A.3), HIPAA (Exhibits A.4), Fraud (Exhibit A.5), IT Security (Exhibit A.6), Critical Incident (Exhibit A.7), Tele-Eval (Exhibit A.8), Crisis During Evaluation Policy and Procedure (Exhibit A.9) and Federal Bureau of Investigation Criminal Justice Information Services Security Addendum & Certification, Exhibit A.10 OIT Statement of Compliance Access form and Exhibit A.11 Retention of Protection Health Information Policy.

5.2. Ongoing Training and Departmental Meetings

5.2.1. The OCFMH may require Contractor to complete follow up or subsequent training after completion of initial training requirements (e.g., training on statutory updates or updated OCFMH policy and processes). Contractors are to comply with guidance and mandates from these trainings.

5.2.2. It is expected that Contractor will seek out necessary training when needed for individual cases and maintain a knowledge of the field’s best practices.

5.2.3. Contractor is required to meet with the supervisor of contract evaluators and attend departmental meetings as directed and as needed. This includes, but is not limited to, monthly contractor Q&A meetings.

6. Provision of Services

6.1. Evaluations

6.1.1. Contractor shall adhere to departmental assignment processes and expectations.

6.1.2. Contractor is responsible for scheduling the evaluations with clients that have been assigned to them by the OCFMH and making all efforts to ensure clients are contacted and interviews conducted as scheduled.

6.1.3. Contractor understands that evaluations will vary in length based on the complexity of the issues and the type of evaluation being performed. Occasionally, it may be necessary to complete the evaluation over two or more sessions. This does not change the billing rate for such evaluations.

6.1.4. Contractor shall be responsible for submitting their reports within the timelines specified at the time the case was assigned and in conjunction with statutory mandates or must communicate as to why this is not possible to the OCFMH, which needs to be approved by the clinical and/or program director. The report shall detail the results of the session and the required statutory report elements and opinions.

6.1.5. Contractor shall submit reports that are consistent with department policy, best practices, and statutory standards. Contract shall utilize department templates for reports.

6.1.6. If Contractor utilizes video to conduct evaluations, it is expected that they ensure appropriate processes are in place as it pertains to confidentiality, technology, and safety. Contractor is responsible for ensuring all video evaluations are only conducted when clinically appropriate and follow all legal standards and best practices.

6.1.7. If Contractor is unable to meet report minimum requirements, they shall notify the state liaison of temporary unavailability.

6.1.8. Contractor shall not complete a second opinion evaluation on patients they have evaluated on behalf of OCFMH. Contractor shall not complete evaluations in which individuals they have a personal relationship with are involved (e.g., personal relationship with prior evaluator, attorney, judge, client) or in which they have a prior professional relationship that would cause conflict (e.g., a defendant which Contractor has previously provided treatment services to or previously evaluated outside of their role as a Contractor).

6.2. Psychological Testing

6.2.1. Contractor understands that cases will require or benefit from the use of psychological testing and will utilize such testing when clinically indicated and appropriate. If Contractor is unable to complete testing for logistical reasons (e.g., does not have the appropriate training/education), they will immediately reach out to appropriate staff to discuss this and make a plan for how testing can be completed appropriately

6.2.2. Contractor will have access to neuropsychological testing as needed and when indicated. Contractor shall not make inappropriate referrals for such testing and consult with appropriate staff when necessary.

6.3. Invoicing

6.3.1. Contractor shall submit accurate monthly invoices in a timely manner, no later than the third day of the month. Contractor shall notify appropriate staff immediately with any invoices, concerns or issues

6.3.2. Contractor payment shall be reduced at a rate of 1% of the total amount per day past the third day of the month.

6.3.2. Contractor shall invoice for all completed reports and associated fees for the prior month. Fees for evaluation related expenses shall be billed in the month the report is billed.

6.3.3. Contractor shall ensure all invoices are accurate and complete.

6.4. Auditing and Quality Assurance

6.4.1. Contractor’s reports will be audited on a regular basis in accordance with department practices. Contractor shall cooperate with this process, which can include, but is not limited to, meeting with supervisors, incorporating suggested feedback, and seeking out consultation when needed.

6.6.5.1. Contractor shall not use confidential information learned in role as a contract evaluator in their capacity as an independent treating professional.

6.6.1. Contractor shall not work with psychometricians, students, or unlicensed trainees when providing services for the OCFMH.

6.7 Administrative Assistants

6.7.1 Contractors are permitted to utilize their own administrative assistants so long as the following criteria are met: 1) The administrative assistant must be employed by the contractor or the contractor's business entity, 2) the contractor’s or business entity’s professional liability insurance must cover the work completed by their administrative assistants (i.e., their business license must be associated with their contract), and 3) the administrative assistant must sign an additional confidentiality and business agreement with FSDV.

6.7.2 The contractor is not permitted to bill FSDV for any work completed by their administrative assistants.

6.7.3 The contractor is liable for all work completed by their administrative assistant, including handling of PHI.

6.7.4 The contractor’s administrative assistant’s work shall be limited to assistance with scheduling with defendants, invoicing FSDV, initiating correspondence with attorneys, drafting letters to courts, and obtaining collateral records.

6.7.5 The contractor's administrative assistants will be issued a state email address and shall only use state email for all FSDV related work. Use of personal email or the contractor’s non-state issued business email is strictly prohibited.

6.7.6 The contractor’s administrative assistant must be in compliance with the stipulations…