Request for Applications Outpatient Restoration Services 202400007 Published 7/1/26 Original Posting July 2023 Basic Information and Timeline

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

Table of Contents

A. Quick Resources

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

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

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

d. 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

PROJECT BACKGROUND AND OVERVIEW

A. Goal/Purpose Located within the Colorado Department of Human Services (CDHS), the Office of Civil and Forensic Mental Health (OCFMH) oversees, purchases community-based competency restoration services, and provides inpatient care at the state mental health institutes. OCFMH is a State behavioral health authority and is responsible for policy development, service provision and coordination, program monitoring and evaluation, and administrative oversight for the forensic behavioral health system.

OCFMH also operates the Colorado Mental Health Hospitals at Fort Logan and Pueblo. OCFMH supports a behavioral health care continuum, coordinates care transitions, and collaborates with local, regional, and state partners to ensure all Coloradans have access to needed care.

The Department is committed to ensuring behavioral health clients receive the most appropriate services at the optimal place and time. Colorado is accomplishing this by transforming its behavioral health system to one that is focused on providing individualized, focused, community-based services and housing options that enable individuals to live, work, and participate fully in community life. This program will help eliminate unnecessary segregation of persons with disabilities and ensure they receive services in the most integrated setting appropriate to their needs.

There are four settings in which competency restoration typically takes place: 1) state-run inpatient psychiatric hospitals; 2) community and privately-owned psychiatric hospitals; 3) jails; and 4) in the community. Defendants with the most severe mental illnesses and/or risks for self or public harm are generally served in hospitals, defendants who have less severe mental illness and risks for self-harm can be served in jail-based programs, while those with less severe mental illness and risk for self and public harm are believed to be best served in the community in outpatient restoration programs. The published literature suggests that restoring defendants to competency in the least restrictive setting possible is a best practice after consideration for public safety and the treatment needs of the defendant.

This RFA is designed to solicit vendors willing and able to expand the competency restoration services for the State of Colorado to serve adults and juveniles involved in the criminal justice or juvenile justice system to obtain restoration to competency services in an outpatient setting within or near the community in which they reside. If a defendant is on bond, the court will consider whether restoration to competency should occur on an outpatient and out-of-custody basis.

The purpose of this contract is to provide competency restoration services to adult and juvenile clients involved with the criminal or juvenile justice systems and deemed by the court to be incompetent to proceed, in accordance with 16-8.5-11, 2(a) C.R.S. or 19-2-1303 C.R.S.

NOTE: Due to 27-66-101 et seq., which allows for CDHS to purchase mental health services directly from comprehensive safety net providers with no solicitation required. Outpatient restoration services fall within the scope of 27-66-101 as they are outpatient services provided for the treatment of behavioral or mental health disorders as defined in the statute. Comprehensive Safety Net Providers can directly contact Kathryn Davis at kathryn.davis@state.co.us .

C. How to Submit an Application

a. In General. Email the application, Signature Page, and any other required documents in one zip file as an attachment to this email address: JG_2024.q4i79r5pu1klhvs6@u.box.comPlease be aware of email server file size limitations. The maximum file size the Department can accept is 15 GB.

b. 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.

c. File Names. The zip file name should start with the solicitation type, solicitation number, and vendor name (e.g., “RFA 202400007 Vendor Name…”). Vendors may include additional information in the zip file name.

d. 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.

e. 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.

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

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

h. Questions. Vendors may submit questions by email to the Single Point of Contact before 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.

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

D. Application Format

a. Maximum Length. Applications should not exceed 15 pages. The Department may evaluate the application negatively if this page limit is not followed.

E. Application Content

a. Application Substance. Please answer or address the following questions or issues:

Objective(s) The department desires a vendor that can provide competency restoration services using a standardized curriculum, services to address barriers to competency, and community resources to establish long-term stability for adult and/or juvenile defendants in the competency system. The Contractor will indicate the areas they are willing/able to accept referrals for and provide competency restoration services. They must be able to provide these services at the location(s) in person. The department desires a vendor that can provide restoration services to clients referred by the Outpatient Competency Restoration Program (OPR), who have been ordered by the court to engage in outpatient restoration services in or near their community, with the option of providing restoration in other settings. Restoration services will include instruction on Basic Legal Knowledge and Rational Decision Making to increase both factual and rational understanding of the legal proceedings against him or her and the ability to consult with their attorney. Additionally, restoration services will include referral to services to address barriers to competency and community stability. The vendor must agree to provide updates regarding the restoration and education services via the provided templates each month to OCR.

Competency Restoration Service Plan. The Contractor will develop an individualized competency restoration service plan based on the identified barriers to competency and strengths identified through the initial intake screen. Service plans will be individualized, person-centered, achievable, measurable, and age-appropriate. The client and his/her family or support system will be invited to participate in the development of the service plan, to the extent possible. The Contractor will include other treatment providers in the development and review of the service plan for the restoration of competency, to the extent possible. The service plan will be developed within seven days after intake. The educator/case manager will meet with the client and will include his/her family or support system to the extent possible, to review the service plan and to revise it as needed at least monthly, or as clinically indicated. The educator/case manager will send a copy of the service plan with all monthly updates of the plan to the OCR Program Coordinator as part of their monthly reporting.

Required Documents All applications must address and include the following information with their application:

1. CDHS/OCFMH/OCR RFA Cover Sheet and Signature Page

2. Qualifications as outlined in Section 3. Project Requirements (page 6 of this RFA)

3. Identify in detail how you or your organization will meet the activities listed in Section Number 4. Activities and Services (pages 7-9 of this RFA)

4. Project Budget and Narrative (Section 2. Cost (page 5-6 of this RFA) - IMPORTANT:

The budget form must agree to service reimbursement as outlined below. There will be no reimbursement of pre-award costs. The Colorado Department of Human Services, Office of Civil and Forensic Mental Health reserves the right to deny requests for additional funding for items not listed on the service reimbursement.

5. Policy if applicable - Applicant’s written policies for grievances, critical incidents, privacy policy, disaster recovery plan, and duty to warn.

6. Names, credentials, and contact information for Program Lead, Administrative Lead, and staff who will be providing restoration services.

b. Cost. Please answer or address the following questions or issues:

REIMBURSABLE SERVICES:

a. Restoration Education fee for service rate $110.00 per hour/60-minute increments for individual sessions, and $70.00 per hour/60-minute increments.

a. Costs for education sessions must be per hour.

b. Case Management fee for service rate should not exceed $27.50/15-minute increment.

a. Case Management will be billed in 15-minute increments, not to exceed six increments (1.5 hours total) per client. Any case management beyond this threshold must be approved before any services are provided.

b. Case Management is to be billed to the individual’s primary source of payment (Insurance, Medicaid, and Indigent Funds) and only to the Program as a payer of last resort.

c. Mileage Reimbursement Rates (if applicable) must not exceed the current Office of State Controller Mileage reimbursement rate.

d. Rural/remote areas of service: The State understands this rate could exceed normal service provision due to travel time outside of the normal service area.

e. Initial consultation/evaluation rates: The fee for service rate should not exceed $110.00 per hour, not to exceed two (2) hours per client.

a. Initial consultation/evaluation is to be billed to the individual’s primary source of payment (Insurance, Medicaid, and Indigent Funds) and only to the Program as a payer of last resort.

f. Testimony or Court rates: $27.50 per 15 minutes. Testimony and court rates will be billed in 15-minute increments.

The number of sessions, days, or hours available for this contract must be clearly identified. For example, if you (as the contractor) can only work on Tuesdays and Thursdays, this must be clearly stated in the response.

c. Project Requirements Standards and Requirements In September 2017, and in accordance with SB17-012, OCFMH received an emergency supplemental budget increase to enable OCFMH to develop a standardized juvenile and adult curriculum for the educational component of competency restoration services and implement an outpatient competency restoration education program for the State, with oversight of the program provided by OCFMH.

A. Qualifications of Competency Restoration Providers:

a. Contractors should hold a bachelor’s degree in a behavioral health-related field, a criminal justice-related field, or a human services field. A master’s degree or above, and licensure are preferred.

b. A minimum of two years of experience working with adults and/or juveniles with behavioral health needs, and/or intellectual deficits.

c. Contractors who are not licensed in counseling, social work, or psychology shall have established and consistent supervision by a licensed supervisor. Name, License number, and contact information for a supervisor must accompany this application.

B. Qualifications of Case Managers:

a. Case Managers, at a minimum, must hold a bachelor’s degree in a Behavioral health-related field. A master’s degree or above and licensure are preferred.

b. A minimum of two years of experience working with adults and/or juveniles with behavioral health needs, and/or intellectual deficits is also required.

c. Contractors who are not licensed in counseling, social work, or psychology must have established and consistent supervision by a licensed supervisor. Name, License number, and contact information for a supervisor must accompany this application.

C. Qualifications of Program Leads:

a. Program Leads are responsible for daily oversight of the Outpatient Restoration Program within their organization and the providers delivering services. They will serve as the liaison between individual providers and the Program, answering operational questions and ensuring all timelines and standards are met. Program leads, at a minimum, must hold a bachelor’s degree in a Behavioral health-related field. If the Program Lead provides clinical supervision for unlicensed staff, they must hold an LPC, PhD, PsyD, or license in Social Work.

b. The Program Lead is responsible for disseminating program information, updates, and training opportunities to the restoration providers they oversee.

Deliverables

Timeline

Deliverable Party Responsible

Sent to:

Contractor

OUTPTRestoration@state.co.us

d. Activities/Services

a. The Contractor shall provide restoration services for OCFMH to serve adults and juveniles involved in the criminal justice or juvenile justice system for individuals referred by OCFMH. The Contractor will not provide services (in-person or virtually) in any locked environment such as jails, prisons, or other detention centers. Additionally, providers are not to provide services to individuals who reside out of state or while they are out of state for any reason.

g. Contractors willing to travel to underserved areas may be eligible for additional compensation in addition to mileage paid. Mileage will be calculated based on the Contractor's office to the place of service.

h. The Contractor shall provide culturally competent and developmentally appropriate competency restoration education tailored to an individual’s unique needs.

i. Restoration services are to be provided by the Contractor to obtain restoration to competency in an outpatient setting within or near the community in which the individual resides. In-person services should be provided. However, televideo services may be used when appropriate, but Contractors must have the ability to serve clients in person for those who need this service or who have been ordered by the court to do so, unless prior approval has been granted by the Program. If Televideo services are rendered, the Contractor must explain in each monthly report the need to deliver services in this manner

j. The Contractor will provide the physical address(es) of established offices where services will be performed and outline all ancillary services available on-site with the Contractor. This information should be submitted with the application. Contractor will indicate specific communities where they are willing to travel to provide in-person restoration education services (if applicable).

k. The Contractor is responsible for finding a space to meet for the restoration education sessions. Sessions may occur in a private practice office, library, school, placement, or other space conducive to learning, and to maintain confidentiality.

l. The Contractor is responsible for setting up the times and locations of sessions with clients. OCFMH will provide the client's contact information and any additional points of contact. The provider is responsible for utilizing all points of contact provided.

m. The Contractor must indicate days and times where services are available at their location(s). This information should be submitted within the Contractor’s application.

n. The Contractor will meet individually and/or in a group setting (when appropriate) a minimum of 2 times per week and a minimum of one (1) hour per meeting. If the 2-hour minimum is not met, clear documentation on the monthly report MUST reflect why the modification is being made and what the frequency will be.

o. The Contractor shall utilize the standardized curriculum for adults and juveniles provided by OCFMH and adhere to all Best Practices (Exhibit A.1) set forth by the Program.

p. The education portion of competency restoration should take place in multiple learning formats (discussion, reading, video, flashcards, games, and experiential methods of instruction, such as role-playing or mock trials).

q. For competency restoration sessions, Documentation shall detail the results of the session, the Contractor's impressions, and associated recommendations. The Contractor shall complete the restoration reports in a format that can be sent to the courts within the court-ordered specified time frame. Reports shall meet departmental and statutory standards.

r. The competency restoration program curriculum provided by OCFMH includes the following educational elements and can be adapted to meet individual needs:

s. Rational decision-making skills, particularly in the context of legal proceedings.

t. Criminal charges

u. Severity of charges, namely felony vs. misdemeanor

v. Sentencing

w. Pleas: Guilty, Not Guilty, No Contest, and Not Guilty by Reason of Insanity (NGRI)

x. Plea bargaining

y. Roles of the courtroom personnel

z. The adversarial nature of the trial process

aa. Evaluating evidence

ab. Courtroom behavior

ac. Deferred and Suspended Sentencing

ad. Working with their his/her attorney

ae. Other elements of training shall be individualized to the needs of an individual and related to barriers of competency, including:

af. Social Skills training where clients will practice verbal and nonverbal social skills to improve their ability to engage with others.

ag. Cognitive training to improve memory.

ah. Emotional regulation

ai. Communication skills training to improve interpersonal, listening, and cooperation skills

aj. The Contractor will assist clients with barriers to competency that may not be addressed directly in education sessions and assist them with referrals in the community. Connection to services may include medication evaluation and management, behavioral health counseling, substance use treatment, case management, peer support, housing assistance, transportation, clothing, etc.

ak. The Contractor will maintain a referral list of professionals to connect their clients with to address their barriers to competency. The Contractor will provide this list to the Program at the time of application.

al. The Contractor will provide maintenance programming services after they are opined as restored to competency and/or have demonstrated understanding of all factual and rational-legal knowledge, and before the court hearing for determination of competency. A maintenance plan is a deliberate reduction in restoration service frequency focused on maintaining knowledge without overburdening the client with unnecessary appointments, and should be documented thoroughly in the monthly reporting.

e. TOOLS AND GUIDANCE

Administration A. OCFMH will serve as a liaison between the Program and the court, attorneys, Guardian Ad Litems (GAL’s), and the Court Services Department within Forensic Services. Contractors will not communicate directly with these entities unless directed by Program staff.

B. The Contractor agrees to participate in all audits, reviews, and subsequent action plans.

C. The Contractor will agree to a 3-month probationary period where program performance and adherence to contract terms will be audited. If the Contractor does not meet standards at that time, OCFMH reserves the right to terminate the contract.

D. OCFMH will provide training for the curriculum and competency restoration to all Contractors upon hire and annually thereafter.

E. The Contractor and any staff of the Contractor who provide these services or supervise staff who provide these services will participate in the training of OCFMH-approved Competency Restoration Curricula in either live or remote format before providing services. The Contractor agrees to implement this curriculum with fidelity. Note: This required training will not be billable time for the Contractor.

F. The Contractor will provide, as part of their application, the name(s), credentials, and contact information of their Program Lead(s) who will be directly supervising restoration providers within their organization. The Program Lead(s) must be a licensed social worker, LPC, PhD, or PsyD OR must employ a licensed social worker, LPC, PhD, or PsyD, at their own expense, to provide supervision of restoration providers within their organization.

G. The Contractor will provide, as part of their application, the name(s) and contact information for Program Administrator(s) who are directly responsible for the execution and fulfillment of the contract.

H. The Contractor will provide, as part of their application, the name(s), credentials, and contact information for all restoration providers and case managers.

I. The Contractor agrees that, at a minimum, the Program Lead and preferably, the restoration providers, participate in all quarterly conference calls designed to disseminate information, provide education and resource support, and provide a forum for Contractors to share information, concerns, and suggestions with Program Staff. Note: This required meeting will not be billable time for the Contractor.

J. Quarterly Webinar information is posted on the Provider Portal Training Calendar. (https://cdhs.colorado.gov/behavioral-health/forensic-services/outpatient-restoration- provider-resources) K. The Contractor agrees to be able to receive and send client information in an encrypted format and agrees to remain in compliance with applicable Federal and State Health Insurance Portability and Accountability Act (HIPAA) and patient privacy laws (detailed in Exhibit C - HIPAA BAA Addendum to this agreement). The Contractor agrees not to send protected health information or protected identifying information in the subject lines of emails.

L. The Contractor shall comply with Exhibit D - Federal Bureau of Investigation Criminal Justice Information Services (CJIS) Security Addendum and return a signed copy of Exhibit D - CJIS Security Addendum Certification to OCFMH.

M. The Contractor agrees to complete and submit a background check for themselves, Program Lead(s), Restoration Providers, and all other employees who will be providing services with the Colorado Bureau of Investigation following C.R.S. 27-90-111. No contact with clients shall take place until the background check is completed and passed. To submit a request for a background check, the Contractor will utilize the request form on the Provider Portal. NOTE: No staff shall be permitted to begin training until their background check has been completed and accepted by OCFMH.

N. OCFMH will send referral packets to the Contractor, including Court Orders, Competency Evaluations, Police Reports or Probable Cause Affidavits, Probation Complaints, and client contact information.

O. The Contractor shall abide by the timeliness set forth by the court orders and statement of work.

P. The Contractor agrees to have documented outreach efforts with the client and/or point(s) of contact within three (3) business days of OCFMH sending the referral. The Contractor will document on a monthly report all reasonable efforts made to contact the client and the date the referral is received. (Reasonable efforts include multiple outreach attempts to all provided points of contact and to the Bridges Liaison - when assigned) Q. The Contractor agrees to schedule initial intake within 10 business days of the referral being sent by OCFMH and complete intake within 14 business days of receiving the referral from OCFMH.

R. The Contractor agrees to inform the Program immediately via email with details of outreach efforts if this has not been accomplished. (cdhs_outptrestoration@state.co.us) S. The Contractor agrees to provide their transportation and may request mileage reimbursement when traveling to areas other than their own offices to provide services, and when approved in advance. The Contractor must be able to provide a valid Colorado driver’s license and insurance to receive reimbursement.

T. The Contractor is responsible for submitting a monthly status report with corresponding session notes regarding the restoration education for each client, no later than three (3) business days after the end of the month being reported.

U. The Contractor shall provide immediate notification to OCFMH of any unexplained absences in opposition to the Contractor’s no-show policy or the Program’s attendance requirements, either via phone call or email to the Program (cdhs_outptrestoration@state.co.us) V. The Contractor shall notify OCFMH if the client is at imminent risk of termination, including all circumstances and attempts to remedy.

W. Critical Incidents: The Contractor shall share the following information with the OCFMH via the provider portal critical incident form within 24 hours of the time the incident occurs.

X. Name of the client involved Y. Date of birth for the client involved Z. Date and time of the critical incident AA. Location of the critical incident AB. Nature of the critical incident AC. The method by which the provider was informed of the critical incident AD. Explain what happened, who was involved, and if there were injuries AE. If the client was hospitalized or arrested AF. The method by which the incident was resolved AG. Answer if any staff were involved and if they were injured AH. Indicate if law enforcement or media were involved AI. Contractors who are not licensed in counseling, social work, or psychology shall have established and consistent supervision by a licensed supervisor. Supervision logs must be maintained and are to be provided to the Program when requested. NOTE: Supervision is not reimbursed by the Program.

AJ. The Contractor shall have in place a disaster recovery plan to reconstruct data loss due to system failure, other catastrophic events, or emergencies (natural or other). This plan should be provided with your application.

AK. The Contractor shall maintain all business licenses necessary to conduct the related services. Contractor staff shall have appropriate credentials to provide said services. Minimum standards include a bachelor’s degree in social work, counseling, psychology, or criminal justice. Proof of such licenses, certifications, approvals, insurance, etc. shall be provided upon OCFMH's request. Any revocation, withdrawal, or non-renewal of necessary license, certification, approval, insurance, etc., required for the Purchase Order or to properly perform this purchase order, shall be grounds for termination of this purchase order by OCFMH.

AL. The Contractor shall provide all clients referred to them from OCFMH with a Privacy Notice requiring the client’s signature. The Contractor is responsible for keeping a copy of the signed Privacy Notice in the client's file and providing a copy to the client for their records. Business Associate Agreement - Health Insurance Portability & Accountability Act of 1996 (HIPPA:). Federal law governing the privacy of certain health information requires a “Business Associate Contract” between the state and the Contractor. 45 CFR Sections 164.504(e). Attached to this contract (as Exhibit C) and incorporated herein by reference, made a part of this contract, and agreed to by the parties, is a HIPAA Business Associate Addendum for HIPAA compliance. Please provide a copy of your Privacy Notice with your application.

AM. The Contractor agrees to advise the Program immediately if it is discovered that the assigned client is residing out of state. The Contractor agrees not to provide services to assigned clients who reside out-of-state or while they are out of state for any reason (Including tele-video sessions).

AN. DUTY TO WARN: The Contractor agrees to have a Duty to Warn policy in place. This policy should be provided with the application.

AO. Contractors will conduct an intake of each client, identifying all needs specific to barriers to competency and needs for long-term community stability. This intake will also include a service plan for their competency restoration and discharge plans for long-term stability within the community. Restoration plans should be made available to OCFMH when requested and will be required as part of the auditing process.

AP. The Contractor will respond to OCFMH inquiries within 2 business days.

AQ. This contract does not guarantee referrals. Receipt of referrals is based on orders issued by local jurisdictions, the location of the client, the needs of the client, Contractor performance, and the needs of the Program.

AR. The Contractor understands that if the requirements of any portion of the contract are not met, and efforts to resolve in a timely manner fail, it may result in the suspension of referrals. If suspension continues without full and consistent resolution of the problem(s), this contract may be terminated or fail to be renewed.

f. Performance Measure Outcomes

a. All reporting will be submitted using OCR-issued templates unless the Contractor utilizes an electronic medical record (EMR). Any reports received via EMR will require all elements and information on the reporting template.

b. The Contractor will provide a monthly report for each client assigned to them within three (3) business days of the end of the previous month. All reporting must be submitted correctly and without errors by the due date. Required elements for the monthly report include:

1. Date of all initial outreach attempts, including with whom

2. Each scheduled session during the month, including any that were missed or cancelled, with the reason noted

3. Documented phone/email/text outreach and attempts at engagement

4. Status of demonstrated learning of all factual knowledge and rational understanding

5. Status of all services to address competency and community stability

c. The Contractor will provide session notes corresponding to all scheduled sessions. Required elements for the session notes include:

1. Client status

2. Review of last session

3. Module reviewed and client’s progress

4. Any additional notes or case management (if applicable)

Instructions for Electronic Applications

A. Applications will be accepted throughout the application time period and on an ongoing basis B. One completed copy of the Request for Application Cover Sheet & Signature Page MUST be signed by a person who is legally authorized to bind the applicant to the application. Submissions that are determined to be at variance with this requirement may be deemed non-responsive and may not be accepted.

C. All materials submitted shall become the property of the CDHS and will not be returned unless the RFA solicitation is cancelled before the submittal due date, in which case applications will be returned unopened or opened only for identification purposes.

D. Applications will be accepted electronically immediately and throughout the time period indicated on the cover page of this document. Faxed applications will not be accepted.

g. Questions and Inquiries Applicants may make written inquiries via email to obtain clarification of requirements concerning this RFA. Send all inquiries to:

Clearly identify your inquiries with: Kathryn Davis: kathryn.davis@state.co.us

1. RFA Number

2. RFA Title

3. The section number and paragraph number to which the inquiry applies.

Responses to applicant inquiries will be published on Colorado.gov//VSS F. Demographic Form

a. 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

a. In General. The Department will assess each application based on Evaluation Factors and Program Need to 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 clarification from any vendor. The Single Point of Contact will notify all vendors of the final decision.

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

c. 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.

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

H. Ethics and Accessibility

a. 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.

b. 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

a. 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.

b. 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.

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

d. 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.

e. 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 their application and the solicitation. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance.

f. 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, the 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.

g. 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.

h. Reconsiderations.

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.

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

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 the 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.

i. 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.

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

k. 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.

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

m. 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.

n. 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:

submit to and successfully pass a criminal background check, and report any arrests, charges, or summonses for any disqualifying offense as specified by C.R.S. §27-90-111 to the Department.

o. 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.

p. 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.

q. 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.

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

s. 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.

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

u. 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.

v. 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.

w. 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.

x. 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 Exhibit A.1: OCFMH Best Practice Guidelines Exhibit B: Rate Sheet Exhibit C: HIPAA Business Associates Agreement Exhibit D: CJIS Security Addendum

K. Signature Page

The Vendor must complete and submit the Signature Page along with the application.

Vendor Name

Vendor Address

Vendor Contact Name

Vendor Contact Email

Vendor Contact Phone

Does the Vendor have any perceived, potential, or apparent conflicts of interest? If so, please disclose them.

Is the Vendor a Service Disabled Veteran Owned Small Business pursuant to C.R.S. §24-103-905?

Is the Vendor currently on any debarred list?

Name of person authorized to submit this application

Signature from an authorized individual. Signatures may be physical or electronic as defined by the Uniform Electronic Transactions Act. Some examples of acceptable signatures are: Docusign, Adobe, or scanned physical copies.

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