rfa-2027-ocom-02-multi.pdf

REQUEST FOR APPLICATIONS

FOR

Multidisciplinary Team

RFA-2027-OCOM-02-MULTI

RELEASE DATE: February 20, 2026

State of New Hampshire Department of Health and Human Services

New Hampshire Department of Health and Human Services

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TABLE OF CONTENTS

1. PURPOSE AND OVERVIEW 3

2. STATEMENT OF WORK 5

3. SOLICITATION RESPONSE EVALUATION 7

4. SOLICITATION RESPONSE PROCESS 8

5. SOLICITATION RESPONSE SUBMISSION INSTRUCTIONS 9

6. SOLICITATION RESPONSE REQUIREMENTS 10

7. ADDITIONAL TERMS AND REQUIREMENTS 10

8. COMPLIANCE 14

9. APPENDICES TO THIS SOLICITATION 15

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1. PURPOSE AND OVERVIEW

Introduction

The New Hampshire Department of Health and Human Services, Division of Legal and Regulatory Services (“Department”) is seeking responses to this Request for Applications (“Solicitation” or “RFA”) from qualified Vendors to serve as members of the Multidisciplinary Team, as required by New Hampshire RSA 135-E and New Hampshire Administrative Rule He-C 701, to assess and evaluate whether a person convicted of a sexually violent offense who is eligible for release from total confinement meets the definition of a sexually violent predator.

Qualified Vendors include the following: Psychologists with a doctoral degree from an American Psychological Association accredited program and Psychiatrists certified by the American Board of Psychiatry and Neurology who maintain a valid and unrestricted license in the state in which they practice and with specialized training or experience in the area of treatment and diagnosis of sex offenders.

The Department anticipates awarding two (2) or more contracts to ensure coverage availability for the services in this Solicitation.

Key Information The information in the table below is as anticipated by the Department and is subject to change. Agreements are contingent upon the availability of funds, and/or approval by the Governor and Executive Council.

Contract Effective Date July 1, 2026, upon Governor and Executive Council approval Contract End Date June 30, 2028 Renewal Options The Department may extend contracted services for up to four

(4) additional years.

Funding for the resulting contracts is anticipated to be approximately:

See Section 2.3., Finance.

Funding Source The Department anticipates using General funds for resulting contracts.

Assistance Listing Number N/A

Award Name N/A

Match Requirements N/A Point of Contact Janine Corbett, Contract Specialist janine.s.corbett@dhhs.nh.gov 603-271-9669

From the date of release of this solicitation until an award is made and announced regarding the selection of a Vendor, all communication with personnel employed by or under contract with the Department regarding this solicitation is prohibited unless first approved by the Point of Contact listed above. Department employees have been directed not to hold conferences and/or discussions concerning this solicitation with any potential contractor during the selection process, unless otherwise authorized by the Point of Contact. Vendors may be disqualified for violating

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Interested vendors must read this entire solicitation and submit the required documents in the specified manner. Vendors are responsible for reviewing the most updated information related to this solicitation before submitting responses.

Procurement Timetable

All times are according to Eastern Time. The Department reserves the right to modify these dates and times at its sole discretion.

Item Action Date

1. Solicitation Released 2/20/2026

2. Letter of Intent Submission Deadline (optional) 2/27/2026

3. Vendor Questions Submission Deadline 2/27/2026 12:00 PM - Noon

4. Department Response to Questions Published 3/13/2026

5. Vendor Solicitation Response Due Date 3/20/2026 12:00 PM - Noon

Background

1.4.1. New Hampshire Department of Health and Human Services, Division of Legal and Regulatory Services

The Division of Legal and Regulatory Services provides legal services for the New Hampshire Department of Health and Human Services.

The Department is mandated by state law (RSA135-E, Involuntary Civil Commitment of Sexually Violent Predators) and state rules (Administrative Rule He-C 701) to establish a Multidisciplinary Team, the purpose of which is to evaluate whether people convicted of a sexually violent offense who are eligible for release from total confinement meet the definition of a sexually violent predator.

A small but extremely dangerous number of sexually violent predators exist who have antisocial personality features that are unamenable to existing mental illness treatment modalities, and those features render them likely to engage in criminal, sexually violent behavior. The likelihood of sexually violent predators engaging in repeat acts of predatory sexual violence is high. The existing involuntary commitment procedures for the treatment and care of mentally ill people are inadequate to address the risk these sexually violent predators pose to society. The prognosis for rehabilitating sexually violent predators in a prison setting is poor, the treatment needs of this population are very long term, and the treatment modalities for this population are very different from the traditional treatment modalities for people appropriate for commitment under existing law. Therefore, the General Court of New Hampshire created a civil commitment procedure for the long-term care and treatment of sexually violent predators. This procedure primarily targets individuals who are nearing completion of their maximum https://gc.nh.gov/rules/state_agencies/he-c700.html

Page 5 of 15 v.2.1 sentence of imprisonment, having been refused parole, who pose a high risk of repeated acts of predatory behavior if released to the community.

The Multidisciplinary Team receives requests for assessments and evaluations on an as-needed, case by case basis. Since 2017, the Multidisciplinary Team has had seven

(7) referrals, including two (2) emergency referrals. Meetings for the Multidisciplinary Team are virtual; however, there is a rare possibility for an in-person assessment and evaluation. The process for assessment and evaluation spans four (4) months;

emergency assessment and evaluation spans seventy-two (72) hours.

1.4.2. Objective

The purpose of this Request for Applications (RFA) is to select two (2) or more qualified Vendors for membership on the state’s Multidisciplinary Team for assessment and evaluation services, on an as-needed, case-by-case basis, regarding whether individuals convicted of a sexually violent offense who are eligible for release from total confinement meet the definition of a sexually violent predator.

2. STATEMENT OF WORK

Scope of Services – See Appendix A – Scope of Services Mandatory Questions

2.2.1. In response to this solicitation, Vendors must respond to the Mandatory Questions below, utilizing Appendix D – Technical Responses to Mandatory Questions.

Q1. Describe your capacity and qualifications to provide all of the services required in this RFA. Please provide a current curriculum vitae/resume and a copy of current license and/or certification.

Q2. Describe your experience conducting assessments and evaluations of people convicted of sexually violent offenses who are eligible for release from total confinement.

Finance

2.3.1. Funding for all resulting contracts is anticipated to be available as a shared price limitation among all selected Vendors as follows:

State Fiscal Year (July 1 through June 30)

Funding Amount

2027 $50,000

2028 $50,000

TOTAL $100,000

2.3.2. No maximum or minimum service volume is guaranteed. Payment for services provided as described in Appendix A – Scope of Services, shall be made monthly as follows:

2.3.2.1. The selected Vendors shall be paid only for the actual number of hours worked or spent in travel as indicated below.

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2.3.2.2. The selected Vendors shall be reimbursed in accordance with the following fee schedule:

2.3.2.2.1. $250 per hour for activities conducted in accordance with Appendix A – Scope of Services.

2.3.2.2.2. In rare instances, limited travel may be required;

travel expenses will be paid as follows:

2.3.2.2.2.1. $50 per hour during travel, up to a total of ten (10) hours per trip for time spent in transit.

2.3.2.2.2.2. Economy hotel and airfare will be

covered, as necessary.

2.3.2.2.2.3. The following meal costs will be

reimbursed without a receipt:

2.3.2.2.2.3.1. Breakfast: $8.00.

2.3.2.2.2.3.2. Lunch: $12.00.

2.3.2.2.2.3.3. Dinner: $21.00.

2.3.2.2.2.4. Meal costs may be reimbursed up to

a maximum of $60.00 per day with the submission of receipts.

2.3.2.2.2.5. The Department will provide in-state

transportation, if the selected Vendors are flying to New Hampshire.

2.3.2.2.2.6. If the selected Vendors use their own

vehicle for travel, mileage will be reimbursed at the current State of New Hampshire reimbursement rate to employees.

2.3.2.2.3. The selected Vendors will be paid a one-time $1,000 retainer. Any services rendered will be paid from the retainer and then up to the Price Limitation on the Form P-37, Block 1.8., Price Limitation. If the Department does not receive a referral for assessment and evaluation during the contract period, the selected Vendor will not be required to return the retainer.

2.3.3. The selected Vendors must complete and submit monthly invoices using a form satisfactory to the Department to initiate and request payment in accordance with the terms of the resulting contracts.

Remainder of this page intentionally left blank.

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3. SOLICITATION RESPONSE EVALUATION

The Department will evaluate responses from Vendors based upon the criteria and standards contained in this solicitation and by applying the points as set forth below, which will be used to determine the overall highest scoring Vendors.

TECHNICAL RESPONSE POSSIBLE SCORE

Q1. Capacity and Qualifications 450 Points

Q2. Experience 550 Points

Total Possible Score 1000 Points

3.1.1. The Department will establish an evaluation team. The evaluation team will review the Technical Proposal and provide a preliminary score. Should a Vendor fail to achieve a minimum of 600 points during the preliminary scoring, it will receive no further consideration

3.1.2. Meeting the minimum evaluation score does not guarantee an award. The Department may elect not to make awards to Vendors who meet the minimum score if higher-scoring Vendors sufficiently satisfy the Department’s requirements and service needs.

Scoring of Technical Proposals

3.2.1. Vendor Technical Responses will be scored based on the following criteria:

Question 1 0-150 Points 151-300 Points 301-450 Points Vendor does not demonstrate capacity and qualifications to provide all of the services required in this RFA.

Vendor somewhat demonstrates capacity and qualifications to provide all of the services required in this

RFA.

Vendor mostly or fully demonstrates capacity and qualifications to provide all of the services required in this

RFA.

Question 2 0-183 Points 184-366 Points 367-550 Points Vendor does not demonstrate sufficient experience to perform scope of services/meet solicitation requirements.

Vendor somewhat demonstrates sufficient experience to perform scope of services/meet solicitation requirements.

Vendor mostly or fully demonstrates sufficient experience to perform scope of services/meet solicitation requirements.

Rights of the Department in Evaluating Solicitation Responses

3.3.1. The Department reserves the right, at its sole discretion, to:

3.3.1.1. Make independent investigations in evaluating solicitation responses;

3.3.1.2. Request additional information to clarify elements of a proposal;

3.3.1.3. Waive minor or immaterial deviations from the solicitation and contract requirements, if determined to be in the best interest of the State;

3.3.1.4. Omit any planned evaluation step if, in the Department’s view, the step is not needed;

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3.3.1.5. Reject any and all solicitation responses in whole or in part at any time; and

3.3.1.6. Open contract discussions with the second highest scoring Vendor and so on, if the Department is unable to reach an agreement on contract terms with the highest scoring Vendors.

4. SOLICITATION RESPONSE PROCESS

Letter of Intent

4.1.1. A Letter of Intent to submit a response to this solicitation is optional.

4.1.2. Receipt of the Letter of Intent by Department will be required to receive electronic notification of any addenda published to amend this solicitation.

4.1.3. The Letter of Intent must be transmitted by email to the Contract Specialist identified in Subsection 1.2 and include the name, telephone number, mailing address and email address of the Vendor’s designated contact as specified in Appendix C, Transmittal Letter and Vendor Information. Notwithstanding the Letter of Intent, Vendors remain responsible for reviewing the most updated information related to this solicitation before submitting a response.

Solicitation Amendment

4.2.1. The Department reserves the right to amend this Solicitation by publishing any addenda, as it deems appropriate, on the Department’s website (https://www.dhhs.nh.gov/doing-business-dhhs/contracts-procurement-opportunities) prior to the Submission Deadline on its own initiative or in response to issues raised through Vendor Questions submitted by the date specified in Subsection 1.3, Procurement Timetable. In the event that an addendum is published, the Department, at its sole discretion, may extend the Submission Deadline.

Questions and Answers

4.3.1. Vendors’ Questions

4.3.1.1. All questions about this Solicitation including, but not limited to, requests for clarification, additional information or any changes to the Solicitation must be made in writing, by email only, citing the Solicitation page number and part or subpart, and submitted to the Contract Specialist identified in Subsection 1.2.

4.3.1.2. The Department may consolidate or paraphrase questions for efficiency and clarity. Questions that are not understood will not be answered. Statements that are not questions will not receive a response.

4.3.1.3. The questions must be submitted by email; however, the Department assumes no liability for ensuring accurate and complete email transmissions.

4.3.1.4. Questions must be received by the Department by the Vendor Questions Submission Deadline specified in Subsection 1.3, Procurement Timetable.

https://www.dhhs.nh.gov/doing-business-dhhs/contracts-procurement-opportunities

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4.3.2. Department Responses

4.3.2.1. The Department intends to issue responses to properly submitted questions by the date specified in Subsection 1.3, Procurement Timetable. This date may be subject to change at the Department’s discretion. All oral answers given are non-binding. Written answers to questions received will be posted on the Department’s website (https://www.dhhs.nh.gov/doing-business-dhhs/contracts-procurement-opportunities). This date may be subject to change at the Department’s discretion.

4.3.3. Exceptions

4.3.3.1. The Department will require the successful Vendor to execute a contract using the Form P-37, General Provisions and Standard Exhibits, which are attached as Appendix B. To the extent that a Vendor believes that exceptions to Appendix B will be necessary for the Vendor to enter into a contract, the Vendor must request those exceptions by the Vendor Questions Submission Deadline in Subsection 1.3. Vendors may not request exceptions to the Scope of Services or any other sections of this Solicitation.

4.3.3.2. The Department will review requested exceptions and accept, reject or note that it is open to negotiation of the proposed exception at its sole discretion in its response to Vendor questions.

4.3.3.3. Any exceptions to the standard form contract and exhibits that are not raised by a Vendor by the Vendor Questions Submission Deadline may not be considered. In no event is a Vendor to submit its own standard contract terms and conditions as a replacement for the Department’s terms in response to this Solicitation.

5. SOLICITATION RESPONSE SUBMISSION INSTRUCTIONS

Responses to this Solicitation must be submitted electronically via email to rfx@dhhs.nh.gov AND to the Contract Specialist at the email address specified in Subsection 1.2.

5.1.1. The subject line must include the following information:

RFA-2027-OCOM-02-MULTI (email xx of xx).

The maximum size of file attachments per email is 25 MB. Submissions with file attachments exceeding 25 MB must be sent via multiple emails.

The Department must receive submissions by the time and date specified in the

Procurement Timetable in Section 1.3 and in the manner specified or it may be rejected as non-compliant, unless waived by the Department as a non-material deviation.

The Department will conduct an initial screening step to verify Vendor compliance with the requirements of this Solicitation. The Department may offer a limited opportunity for a Vendor to cure immaterial deviations from the Solicitation Response requirements if it is deemed to be in the best interest of the Department.

Late submissions not accepted will remain unopened. Disqualified submissions will be discarded. Submission of solicitation responses shall be at the Vendor’s expense.

https://www.dhhs.nh.gov/doing-business-dhhs/contracts-procurement-opportunities mailto:rfx@dhhs.nh.gov

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6. SOLICITATION RESPONSE REQUIREMENTS

Acceptable solicitation responses must offer all services identified in Appendix A –

Scope of Services, unless an allowance for partial scope is specifically described in Section 2.

Technical Response Contents Each Technical Response must contain the following, in the order described in this section:

6.2.1. Appendix C – Transmittal Letter and Vendor Information, including:

6.2.1.1. Vendor Code Number – Prior to executing any resulting contracts, the selected Vendors will be required to provide a vendor code number issued by the State of New Hampshire Department of Administrative Services upon registering as an authorized vendor with the State. Vendors are strongly encouraged to provide a vendor code number in the Appendix D if available. More information can be found at:

https://das.nh.gov/purchasing/vendorresources.aspx

6.2.2. Appendix D – Technical Responses to Mandatory Questions

6.2.3. Resumes – Vendors must provide resumes for key personnel primarily responsible for meeting the terms and conditions of any agreement resulting from this Solicitation. Vendors must redact all personal information from resumes.

7. ADDITIONAL TERMS AND REQUIREMENTS

Non-Collusion

Vendors must establish prices, terms, conditions, and services in their Solicitation Response without collusion with other Vendors and without effort to preclude the Department from obtaining the best possible competitive solicitation response.

Collaborative Solicitation Responses Solicitation responses must be submitted by one organization. Any collaborating organization must be designated as a subcontractor subject to the terms of Appendix B, P-37 General Provisions and Standard Exhibits.

Validity of Solicitation Responses Solicitation responses must be valid until the Effective Date of any resulting contract.

Debarment Vendors who are ineligible to bid on proposals, bids or quotes issued by the Department of Administrative Services, Division of Procurement and Support Services pursuant to the provisions of RSA 21-I:11-c shall not be considered eligible for an award under this solicitation.

Property of Department Any material property submitted and received in response to this solicitation will become the property of the Department and will not be returned to the Vendor. The Department reserves the right to use any information presented in any solicitation response provided that its use does not violate any copyrights or other provisions of law.

https://das.nh.gov/purchasing/vendorresources.aspx

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Solicitation Response Withdrawal Prior to the Response Submission Deadline specified in Subsection 1.3, Procurement Timetable, Letters of Intent or solicitation responses may be withdrawn by submitting a written request for its withdrawal to the Contract Specialist specified in Subsection 1.2.

Confidentiality Pursuant to RSA 21-G:37, the content of responses to this solicitation must remain confidential until the Governor and Executive Council have awarded a contract. The Vendor’s disclosure or distribution of the contents of its solicitation response, other than to the Department, will be grounds for disqualification at the Department’s sole discretion.

Public Disclosure

7.8.1. The information submitted in response to this solicitation (including all materials submitted in connection with it, such as attachments, exhibits, addenda, and presentations), any resulting contract, and information provided during the contractual relationship may be subject to public disclosure under Right-to- Know laws, including RSA 91-A. In addition, in accordance with RSA 9-F:1, any contract entered into as a result of this solicitation will be made accessible to the public online via the New Hampshire Secretary of State website (https://sos.nh.gov/).

7.8.2. Confidential, commercial or financial information may be exempt from public disclosure under RSA 91-A:5, IV. If a Vendor believes any information submitted in response to this solicitation should be kept confidential, the Vendor must specifically identify that information where it appears in the submission in a manner that draws attention to the designation and must mark/stamp each page of the materials that the Vendor claims must be exempt from disclosure as “CONFIDENTIAL.” Vendors must also provide a letter to the person listed as the point of contact for this solicitation, identifying the specific page number and section of the information considered to be confidential, commercial or financial and providing the rationale for each designation. Marking or designating an entire submission as confidential shall neither be accepted nor honored by the Department. Vendors must also provide a separate copy of the full and complete document, fully redacting those portions and shall note on the applicable page or pages that the redacted portion or portions are “confidential.”

7.8.3. Submissions which do not conform to these instructions by failing to include a redacted copy (if necessary), by failing to include a letter specifying the rationale for each redaction, by failing to designate the redactions in the manner required by these instructions, or by including redactions which are contrary to these instructions or operative law may be rejected by the Department as not conforming to the requirements of the solicitation.

7.8.4. Pricing, which includes but is not limited to, the administrative costs and other performance guarantees in responses or any subsequently awarded contract shall be subject to public disclosure regardless of whether it is marked as confidential.

7.8.5. Notwithstanding a Vendor’s designations, the Department is obligated under the Right-to-Know law to conduct an independent analysis of the confidentiality of the information submitted in response to the solicitation. If a request is made to the Department to view or receive copies of any portion of the response that is https://sos.nh.gov/

Page 12 of 15 v.2.1 marked confidential, the Department shall first assess what information it is obligated to release. The Department will then notify the Vendor that a request has been made, indicate what, if any, information the Department has assessed is confidential and will not be released, and specify the planned release date of the remaining portions of the response. To halt the release of information by the Department, a Vendor must initiate and provide to the Department, prior to the date specified in the notice, a court action in the Superior Court of the State of New Hampshire, at its sole expense, seeking to enjoin the release of the requested information.

7.8.6. By submitting a response to this solicitation, Vendors acknowledge and agree that:

7.8.6.1. The Department may disclose any and all portions of the response or related materials which are not marked as confidential and/or which have not been specifically explained in the letter to the person identified as the point of contact for this solicitation;

7.8.6.2. The Department is not obligated to comply with a Vendor’s designations regarding confidentiality and must conduct an independent analysis to assess the confidentiality of the information submitted; and

7.8.6.3. The Department may, unless otherwise prohibited by court order, release the information on the date specified in the notice described above without any liability to a Vendor.

Non-Commitment Notwithstanding any other provision of this solicitation, this solicitation does not commit the Department to award a contract. The Department reserves the right to reject any and all responses to this solicitation or any portions thereof, at any time and to cancel this solicitation and to solicit new solicitation responses under a new procurement process.

Solicitation Response Cost By submitting a response to this solicitation, the Vendor agrees that in no event shall the Department be either responsible for or held liable for any costs incurred by a Vendor in the preparation or submittal of or otherwise in connection with a solicitation response, or for work performed prior to the Effective Date of a resulting contract.

Request for Additional Information or Materials The Department may request any Vendor to provide additional information or materials needed to clarify information presented in the solicitation response. Such a request will be issued in writing and will not provide a Vendor with an opportunity to change, extend, or otherwise amend its solicitation response in intent or substance.

Oral Presentations and Discussions The Department reserves the right to require some or all Vendors to make oral presentations of their solicitation response. The purpose of the oral presentation is to clarify and expound upon information provided in the written solicitation response. Vendors are prohibited from altering the original substance of their solicitation response during the oral presentations. The Department will use the information gained from oral presentations to refine the technical review scores. Any and all costs associated with an oral presentation shall be borne entirely

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Site Visits

The Department may, at its sole discretion, at any time prior to contract award, conduct a site visit at the Vendor’s location or at any other location deemed appropriate by the Department, to determine the Vendor’s capacity to satisfy the terms of this solicitation. The Department may also require the Vendor to produce additional documents, records, or materials relevant to determining the Vendor’s capacity to satisfy the terms of this solicitation. Any and all costs associated with any site visit or requests for documents shall be borne entirely by the Vendor.

Successful Vendor Notice and Contract Negotiations The Department will only notify selected Vendors of selection. The Department will not notify Vendor(s) that are not initially selected to enter into contract negotiations.

Until the Department successfully completes negotiations with the selected Vendors, all submitted solicitation responses remain eligible for selection by the Department. The Department reserves the right to open contract discussions with the second highest scoring Vendor and so on, if the Department is unable to reach an agreement on contract terms with the higher scoring Vendors.

Scope of Award and Contract Award Notice

7.15.1. The Department reserves the right to award a service in whole or in part. A contract award is contingent on approval by the Governor and Executive Council and continued appropriation of funding for the contract.

7.15.2. If a contract is awarded, the selected Vendors must obtain written consent from the State before any public announcement or news release is issued pertaining to any contract award.

Contract Registration Requirements

7.16.1. Prior to submission of any agreement for Governor and Executive Council for approval, the selected Vendors must be:

7.16.1.1. Registered and in good standing with the NH Department of State, per RSA 5:18-a (https://quickstart.sos.nh.gov/online).

7.16.1.2. Registered with the NH Department of Administrative Services and have a Vendor Code (Vendor Resource Center | Procurement and Support Services | NH Dept. of Administrative Services) in order to receive payment.

7.16.1.3. Registered and in good standing with the NH Department of Justice Charitable Trust Unit if the organization meets the definition of Charitable Organization per RSA 7:21 (https://www.doj.nh.gov/bureaus/charitable-trusts).

Electronic Posting of Solicitation Results and Resulting Contract

7.17.1. At the time of receipt of responses, the Department will post the number of responses received with no further information. No later than five (5) business days prior to submission of a contract to the Department of Administrative Services pursuant to this solicitation, the Department will post the name, rank or score of each responding Vendor. In the event that the resulting contract does not require Governor & Executive Council approval, the Agency will https://quickstart.sos.nh.gov/online https://www.das.nh.gov/purchasing/vendorresources.aspx https://www.das.nh.gov/purchasing/vendorresources.aspx https://www.doj.nh.gov/bureaus/charitable-trusts

Page 14 of 15 v.2.1 disclose the rank or score at least five (5) business days before final approval of the contract.

7.17.2. Pursuant to RSA 91-A and RSA 9-F:1, the Secretary of State will post to the public any document submitted to G&C for approval, including contracts resulting from this solicitation, and posts those documents on its website (https://sos.nh.gov/administration/miscellaneous/governor-executive-council/).

By submitting a response to this solicitation, vendors acknowledge and agree that, in accordance with the above-mentioned statutes and policies, (and regardless of whether any specific request is made to view any document relating to this solicitation), any contract resulting from this solicitation that is submitted to G&C for approval will be made accessible to the public online.

Protest of Intended Award Any challenge of an award made or otherwise related to this solicitation shall be governed by RSA 21-G:37, and the procedures and terms of this solicitation. The procedure set forth in RSA 21-G:37, IV, shall be the sole remedy available to challenge any award resulting from this solicitation. In the event that any legal action is brought challenging this solicitation and selection process, outside of the review process identified in RSA 21-G:37,IV, and in the event that the State of New Hampshire prevails, the challenger agrees to pay all expenses of such action, including attorney’s fees and costs at all stages of litigation.

Contingency Aspects of the award may be contingent upon changes to state or federal laws and regulations.

Ethical Requirements From the time this solicitation is published until a contract is awarded, no Vendor shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitutional official, or family member of any such official or employee who will or has selected, evaluated, or awarded a solicitation, or similar submission. Any Vendor that violates RSA 21-G:38 shall be subject to prosecution for an offense under RSA 640:2. Any Vendor who has been convicted of an offense based on conduct in violation of this section, which has not been annulled, or who is subject to a pending criminal charge for such an offense, shall be disqualified from submitting a response to this solicitation, or similar request for submission and every such Vendor shall be disqualified from submitting any solicitation response or similar request for submission issued by any state agency. A Vendor that was disqualified under this section because of a pending criminal charge which is subsequently dismissed, results in an acquittal, or is annulled, may notify the Department of Administrative Services, which shall note that information on the list maintained on the state’s internal intranet system, except in the case of annulment, the information, shall be deleted from the list.

Liquidated Damages The selected Vendor agrees that liquidated damages may be determined by the Department as part of the contract specifications, as failure to achieve required performance levels will more than likely substantially delay and disrupt the Department’s operations.

8. COMPLIANCE

The selected Vendors must comply with all applicable federal and state laws, rules and regulations, and applicable policies and procedures adopted by the Department

Page 15 of 15 v.2.1 currently in effect, and as they may be adopted or amended during the contract period.

The selected Vendors may be required to complete a contract monitoring questionnaire, to be provided by the Department, to determine risk of noncompliance and appropriate monitoring activities, including, but not limited to:

8.2.1. Site visits.

8.2.2. File reviews.

8.2.3. Staff training.

Audit Requirements

8.3.1. The selected Vendors must email an annual audit to dhhs.act@dhhs.nh.gov if any of the following conditions exist:

8.3.1.1. Condition A - The selected Vendor is subject to a Single Audit pursuant to 2 CFR 200.501 Audit Requirements.

8.3.1.2. Condition B - The selected Vendor is subject to audit pursuant to the requirements of NH RSA 7:28, III-b.

8.3.1.3. Condition C - The selected Vendor is a public company and required by Security and Exchange Commission (SEC) regulations to submit an annual financial audit.

8.3.2. If Condition A exists, the selected Vendors shall submit an annual single audit performed by an independent Certified Public Accountant (CPA) to the Department within 120 days after the close of the Vendor’s fiscal year, conducted in accordance with the requirements of 2 CFR Part 200, Subpart F of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards.

8.3.3. If Condition B or Condition C exists, the selected Vendors shall submit an annual financial audit performed by an independent CPA within 120 days after the close of the selected Vendor’s fiscal year.

8.3.4. The selected Vendors, regardless of the funding source and/or whether Conditions A, B, or C exist, may be required to submit annual financial audits performed by an independent CPA upon request by the Department.

8.3.5. In addition to, and not in any way in limitation of obligations of the resulting contracts, it is understood and agreed by the selected Vendors that the selected Vendors shall be held liable for any state or federal audit exceptions and shall return to the Department all payments made under the resulting contracts to which exception has been taken, or which have been disallowed because of such an exception.

9. APPENDICES TO THIS SOLICITATION

Appendix A – Scope of Services Appendix B – Form P-37 General Provisions and Standard Exhibits Appendix C – Transmittal Letter and Vendor Information Appendix D – Technical Responses to Questions