RFP 202607123 Long-term Resource Support Services_FINAL.docx

STATE OF MAINE

Department of Health and Human Services Commissioner’s Office

RFP# 202607123

Long-term Resource Support Services

no later than 4:00 p.m., local time

no later than 4:00 p.m., local time

TABLE OF CONTENTS

Page

A. PURPOSE AND BACKGROUND

B. GENERAL PROVISIONS

C. CONTRACT TERM

D. NUMBER OF AWARDS

A. VENDOR SELF SERVICE SYSTEM (VSS)

B. QUESTIONS

C. AMENDMENTS

D. PROPOSAL SUBMISSION

A. EVALUATION PROCESS – GENERAL INFORMATION

B. SCORING WEIGHTS AND PROCESS

C. NEGOTIATIONS

D. SELECTION AND AWARD

E. APPEAL OF CONTRACT AWARDS

A. CONTRACT DOCUMENT

B. STANDARD STATE CONTRACT PROVISIONS

APPENDIX A – PROPOSAL COVER PAGE

APPENDIX B – RESPONSIBLE BIDDER CERTIFICATION

APPENDIX C – QUALIFICATIONS and EXPERIENCE FORM

APPENDIX D – LITIGATION FORM

APPENDIX E – PROPOSED SERVICES RESPONSE FORM

APPENDIX F – PROPOSED MARK-UP RATES FORM

APPENDIX G – LIST OF RESOURCE TYPES

APPENDIX H – DEPARTMENT DELIVERY ORDER PROCESS

PUBLIC NOTICE

State of Maine Department of Health and Human Services

RFP# 202607123

Long-term Resource Support Services

The State of Maine is seeking proposals for Long-term Resource Support Services on an as-needed basis for the Department of Health and Human Services.

A copy of the RFP and all related documents can be obtained through Vendor Self Service (VSS): https://mevss.hostams.com/PRDVSS1X1/AltSelfService

Proposals must be submitted to the Office of State Procurement Services, via Vendor Self Service (VSS). Proposal submissions must be received no later than 4:00 p.m., local time, on October 22, 2026. Proposals will be opened the following business day.

RFP TERMS/ACRONYMS with DEFINITIONS

The following terms and acronyms, as referenced in the RFP, have the meanings indicated below:

State of Maine Department of Health and Human Services Commissioner’s Office

RFP# 202607123

Long-term Resource Support Services

PART I INTRODUCTION

A. Purpose and Background

The Department of Health and Human Services (Department) is seeking vendors who can provide Long-term Resource Support Services on an as-needed basis as defined in this Request for Proposals (RFP) document. This document provides instructions for submitting proposals, the procedure and criteria by which the awarded Bidder will be selected, and the contractual terms which will govern the relationship between the State of Maine (State) and the awarded Bidder.

The Department is dedicated to promoting health, safety, resiliency, and opportunity to all Maine Residents. In order to support this work, the Department is seeking to secure Long-term Resource support for a variety of Department office projects on an as-needed basis. The average length of Engagement depends on the complexity of the assignment and will include 2080 hour per year or more or require part-time hours (e.g., twenty (20) hours per week) for more than twelve (12) consecutive months. This RFP is not intended to fulfill or replace any current State employees or positions.

The types of Resources include Specialized Professional Resources, Laboratory/Medical Resources, and Traveling Resources, refer to Appendix G (List of Resource Types). In most cases, the Department will require the Provider to identify and recruit a Resource (Provider Identified Resource) for a specific Engagement as well as perform payroll services to support the Department’s contracted Long-term Resource needs. The Department anticipates between 400 and 500 resources to be requested annually.

The Department does not guarantee that any awarded Bidder will receive a specific volume of work, a specific total contract amount, or a specific order value under any master agreement executed pursuant to this RFP.

B. General Provisions

1. From the time the RFP is issued until award notification is made, all contact with the State regarding the RFP must be made through the RFP Coordinator. No other person/ State employee is empowered to make binding statements regarding the RFP. Violation of this provision may lead to disqualification from the bidding process, at the State’s discretion.

2. Issuance of the RFP does not commit the Department to issue an award or to pay expenses incurred by a Bidder in the preparation of a response to the RFP. This includes attendance at personal interviews or other meetings and software or system demonstrations, where applicable.

3. All proposals must adhere to the instructions and format requirements outlined in the RFP and all written supplements and amendments (such as the Summary of Questions and Answers), issued by the Department. Proposals must follow the format and respond to all questions and instructions specified below in the “Proposal Submission Requirements” section of the RFP.

4. Bidders will take careful note that in evaluating a proposal submitted in response to the RFP, the Department will consider materials provided in the proposal, information obtained through interviews/presentations (if any), and internal Departmental information of previous contract history with the Bidder (if any). The Department also reserves the right to consider other reliable references and publicly available information in evaluating a Bidder’s experience and capabilities.

5. The proposal must be signed by a person authorized to legally bind the Bidder and must contain a statement that the proposal and the pricing contained therein will remain valid and binding for a period of 180 days from the date and time of the bid opening.

6. The RFP and the awarded Bidder’s proposal, including all appendices or attachments, will be the basis for the final contract, as determined by the Department.

7. Following announcement of an award decision, all records and documents regarding this RFP, including bid submissions, will be public records, available for public inspection pursuant to 5 M.R.S. §1825 B (6 &15) and the State of Maine Freedom of Access Act (FOAA) (1 M.R.S. § 401 et seq.). State contracts and information related to contracts, including all records, documents, supporting documents, and bid submissions, are public records unless otherwise excepted by statute (Id).

8. Subject to the above and pursuant to applicable law, in the event that a Bidder believes any information that it submits in response to this RFP is confidential, it must mark that information accordingly, and include citation to legal authority in support of the Bidder’s claim of confidentiality. In the event that the Department receives a FOAA request that includes submissions marked as confidential, the Department shall evaluate the information and any legal authority from the Bidder to determine whether the information is an exception to FOAA’s definition of public record. If the Department determines to release information that a Bidder has marked confidential, it shall provide advance notice to the Bidder to allow for them to seek legal relief.

9. The Department, at its sole discretion, reserves the right to recognize and waive minor informalities and irregularities found in proposals received in response to the RFP.

10. If awarded a contract resulting from this RFP, vendors shall be required to disclose, in writing and in accordance with applicable Maine law, any actual or potential conflicts of interest. Such disclosure must include any financial, professional, or personal relationships that could give rise to a conflict of interest or the appearance of a conflict of interest. Failure to disclose a known conflict or appearance of conflict may result in disqualification, contract termination, or other remedies as provided by law.

11. All applicable laws, whether or not herein contained, are included by this reference. It is the Bidder’s responsibility to determine the applicability and requirements of any such laws and to abide by them.

C. Contract Term

The Department is seeking cost-efficient proposals to provide services, as defined in this RFP, for the anticipated contract period defined in the table below. The dates below are estimated and may be adjusted, as necessary, in order to comply with all procedural requirements associated with the RFP and the contracting process. The actual contract start date will be established by a completed and approved contract.

The term of the anticipated contract, resulting from the RFP, is defined as follows:

D. Number of Awards

The Department anticipates making multiple awards as a result of this RFP process.

PART II SCOPE OF SERVICES TO BE PROVIDED

Specific instructions for the Bidder to provide a narrative response to the Scope of Services may be found in Part IV, Section III, Proposed Services.

1. General Requirements

0. Perform all services and maintain all standards and requirements for services provided under the contract resulting from this RFP, included related Delivery Orders (DOs).

0. Provide a single point of contact to respond to questions and coordinate communication for both Department staff and the Resource.

0. Provide Long-term recruitment and/or payroll services, as requested by the Department, for categories listed in Appendix G (List of Resource Types).

0. Provide monthly, quarterly, and ad hoc reporting to the Department upon request.

1. Recruitment Requirements

1. Identify a Resource for the Engagement by:

a. Responding to recruitment Requests made by the Department by advertising, screening, interviewing, and all other standard aspects of recruitment for finding and attracting the potential Resource necessary to meet the Department’s Long-term Resource needs.

i. The Provider may use an existing Resource as a Candidate.

ii. The Department reserves the right to cancel the Request at any time.

b. Ensuring the response to Requests:

i. Has a minimum of one (1) proposed Candidate that meets or exceeds the specifications made in the Request.

1) Notify the Department within five (5) business days if the Provider is unable to propose Candidates.

ii. Is submitted within the timeframe specified in the Request.

1) Standard turnaround time for presenting a viable Candidate that meets or exceeds the requirements outlined in the Request is ten (10) business days, unless otherwise specified.

iii. Includes a revised and competitive Mark-up Rate, when requested by the Department, that is preferably less than, but does not exceed, the capped Mark-up Rate identified in the contract resulting from this RFP.

c. Providing feedback to the Department when experiencing challenges in identifying a Resource, on current market expectations for a Resource in the requested category.

i. The Resource Hourly Rate may be revised if approved by the Department.

d. Ensuring the proposed Candidate meets the minimum qualifications under the Request, including any licensure/certifications required under State Statute and/or Rule.

i. Additional specific requirements, such as verifying the Resource status on the Office of Inspector General Medicare Exclusion list, will be included on the Request.

e. Ensuring the Department is afforded the opportunity to interview any final Candidate identified by the Provider.

i. Provide, upon request of the Department, the Candidate’s resume and other related information which may include, but is not limited to the application for employment, evidence of appropriate knowledge, experience, and competencies related to the specific job responsibilities, prior job performance reviews, and employment references.

ii. The Department reserves the right to accept or reject any offer by the Provider for any proposed Candidate.

f. All costs associated with recruiting a Provider Identified Resource is the responsibility of the Provider, including but not limited to travel and lodging for interviews.

B. Pre-Engagement Requirements

1. Facilitate Long-term Engagement offers to the selected Candidate.

2. Provide written confirmation and verification to the Department that the selected Candidate:

a. Passed the background checks in accordance with the Department’s Rider D, Section 13. Background Checks.

b. Has a valid, in good standing Maine license/certification to practice in their respective field from the appropriate licensing board, as specified in the Request or as otherwise agreed to in writing between the Department and Provider.

i. Applicable licensure/certification must remain valid, in good standing throughout the term of the Engagement.

c. Has good status on the Office of Inspector General Medicare Exclusion list, as applicable and described in the Request.

3. Finalize the Resource’s Hourly Rate, Mark-up Rate, and Billable Rate with the Department.

4. Finalize the Engagement Period as well as the standard work schedule and location with the Department.

a. The Engagement Period must be based upon Department need and require final Department approval.

b. A Resource, by default, is expected to work forty (40) hours per work week in alignment with the Department’s standard operating hours of Monday - Friday, 8 a.m. to 5 p.m. ET, excluding State holidays and administrative closings.

i. The Resource may be required to provide support on Saturdays, Sundays, State Holidays, and/or administrative closings.

ii. Some Engagement may require alternate schedules outside the hours of 8 a.m. to 5 p.m. ET, such as those performing work at the Department’s psychiatric hospitals or during a state of emergency.

iii. Exact hours will be determined on a case-by-case basis.

c. The Resource is expected to have some portion of their schedule on-site and be assigned to a specific Department office; remote work must be approved by the Department and will be documented in the DO.

5. Adhere to the Department’s DO process (refer to Appendix H), including ensuring the Resource does not begin Engagement until the DO receives final State approval.

6. All costs associated with Pre-Engagement of the selected Candidate is the responsibility of the Provider.

C. Engagement Requirements

1. Provide payroll functions to the Resource, including but not limited to:

a. Identifying the Resource as an Independent Contractor or Employee.

b. Processing weekly timecards.

c. Complying with all State and Federal record-keeping requirements for Human Resources (HR)/payroll services.

d. Being responsible for all payroll withholding and benefit requirements as applicable.

e. Preparing quarterly and annual withholding reports as required by State and Federal employment guidelines (https://www.irs.gov/payments/tax-withholding).

f. Performing general HR/payroll record keeping requirements as required by law for HR/payroll services, including SOM Local Government Record Retention and Federal-Record-Retention-Requirements.

2. Invoice the Department for hours worked by the Resource.

a. Provide an electronic timecard system or other Department approved mechanism for the Department to approve hours worked.

b. Invoices may only be submitted for approved DOs.

3. Ensure the Resource abides by MaineIT Policies & Standards and all access to the State systems is performed using devices, accounts, authentication methods, and virtual private networks, provisioned by the Department and in alignment with the MaineIT policies, including:

a. Access Control Policy

b. Access Control Procedure for Users

c. Mobile Device Policy

d. Network Device Management Policy

e. Rules of Behavior Policy

f. Security Awareness Training

g. User Device and Commodity Application Policy

4. Ensure the Resource reviews and acknowledges in writing prior to the start of the Engagement and annually thereafter as applicable, and adheres to the policies outlined by the Department, including but not limited to:

a. Use of State-owned equipment, confidentiality of information, and any other Statewide policy identified by the Department.

5. Ensure the Resource complies with all applicable State and Federal laws, rules, regulations, and standards.

6. Abide by the State’s remote working requirements, including but not limited to:

a. Ensuring the Resource who work remotely complies with all applicable State and Federal privacy and security policies.

b. Ensuring all tools and equipment supplied by the Department and/or MaineIT remains property of the State and is returned at the end of the Engagement Period.

i. State owned cell phones will only be provided to Resources if the Engagement requires the use of such technology and as outlined in the in DO.

c. Providing safeguards for the Resource to perform work remotely on behalf of and as approved by the Department, including but not limited to confidential work space and reliable and secure internet.

7. Abide by the State travel reimbursement requirements.

a. Ensure Resource travel is approved by the Department.

b. A Resource who travels as part of their Engagement will be reimbursed for all or part of their expenses, as approved by the Department in writing, and in accordance with the State travel policy and 5 M.R.S. §1541(13)(A).

c. Invoice the Department for approved and allowable travel costs including details regarding travel miles, expense receipts, and any other necessary documentation.

d. Adhere to requests for a detailed audit related to travel records within five (5) business days.

8. Abide by the Department’s schedule changes, leave time, and other accommodation requirements.

a. Schedules may be impacted as a result of State/Department administrative closing, including but not limited to weather or other State directed reasons.

i. At the discretion of the Department, the Resource may be allowed to work an alternate schedule in order to meet Department operational requirements.

ii. To the extent an alternate schedule is not approved, the Resource may use personal leave time that is built into the Mark-up Rate which is unbillable to the DO.

1) Such action cannot penalize the Resource’s relationship with the Department (i.e., the Provider cannot penalize the Resource for taking unavailable earned paid leave time for actions out of their control).

b. Notify the Department of approved family medical leave, workers compensation, and/or ADA accommodations for the Resource.

i. The Provider is responsible for ADA accommodations for a Provider Identified Resource unless approved in writing by the Department while the Department will be responsible for ADA accommodations for a Department Identified Resource.

c. Coordinate scheduled and unscheduled leave time with the Department.

i. Obtain Department approval for scheduled leave time.

ii. Ensure the Department is notified immediately, by the Provider or Resource, when the Resource is expected to be absent or late during their standard work schedule.

d. Ensure changes to the standard work schedule are approved in advance by the Department.

e. Support the Department’s request for an alternate/replacement Resource during the times the original Resource is unable to fulfill the schedule requirements, which may include but is not limited to the Resource:

i. Being unable to work for an extended period of leave time (as defined by more the two (2) consecutive weeks); or

ii. Needing an intermittent or unpredictable schedule that unreasonably reduces availability/billable time.

9. Overtime

a. Ensure all Overtime is approved in writing by the Department when there is a need for the Resource to work over forty-five (45) hours per week.

i. Overtime reimbursement will be provided to the Resource for actual hours worked at the Resource Hourly Rate (straight time).

ii. In rare circumstances, Overtime may be billed at a premium Hourly Rate (such as time and a half) if approved by the Department (e.g., a rare circumstance may include multiple consecutive weeks of billing for over forty-five (45) hours per week).

1) The premium Hourly Rate may only be used when the Resource works over forty-five (45) hours in a given week.

2) The premium Hourly Rate will be capped at one point five (1.5) times the Hourly Rate.

3) There must be a separate line item in the DO rate table showing the premium Hourly Rate to document it was approved by the Department.

4) There must be a capped number of Overtime hours.

10. Performance and Disciplinary Actions

a. Ensure the Resource consistently reports to work, as scheduled by the Department, exhibits an appropriate degree of professionalism, and completes all required tasks as assigned, during the Engagement.

b. Ensure the Department is made aware of disciplinary discussions and written and/or verbal communications regarding or involving any Resource.

c. Address and work with the Resource to alleviate any performance issues, including feedback from the Department.

d. Consult the Department in decisions where the Provider believes it should terminate the Resource.

e. Support the Department in its right to immediately remove the Resource/DO for performance or when it is in the best interest of the Department.

D. Termination/Resignation from Engagement Requirements

1. Coordinate and facilitate meetings with the Department and the Resource when performance concerns rise to the level of a potential decision to end a Resource’s assignment on an Engagement.

a. Collaborate with the Department and conduct any separation of Engagement with the Resource, as agreed upon.

b. Immediately remove the Resource from an Engagement at the discretion of and as directed by the Department.

i. Any termination actions must be performed by the Provider.

2. Notify the Department immediately upon discovery of:

a. Any adverse action being taken by any agency of any state against a Resource’s professional license; and/or

b. If the Resource’s applicable professional license expires during the Engagement Period.

3. Ensure the position, where a Resource is terminated or resigned or is removed from an Engagement, is filled with a qualified Provider Identified Resource throughout the Engagement Period by:

a. Immediately notifying the Department and confirm a replacement Resource is required.

b. Replace with or find a qualified Candidate adhering to the Recruitment Requirements outlined in Part II, C. of the RFP.

i. In the event the Provider is unsuccessful in presenting a viable replacement Candidate acceptable to the Department within thirty (30) calendar days, the Department will apply a penalty of twenty percent (20%) of the Billable Rate for every scheduled working day over the thirty (30) calendar day window where a viable Provider Identified Resource is not available during the Engagement Period.

ii. At the discretion of the Department, the penalty may be waived.

E. Conversion of the Resource to State Employment

1. Cooperate with the Department, if a Resource is selected to be hired under a State payroll line, in converting the Resource in an efficient, effective, and timely manner, and in accordance with State HR procedures.

a. Only Provider Identified Resources can be invoiced a Conversion Fee, a Conversion Fee is not applicable for Department Identified Resources.

2. A Conversion Fee, when approved by the Department, will have a maximum payment equal to ten percent (10%) of the Billable Rate based on the first six (6) months of the Engagement Period.

a. The Conversion Fee will be based upon an estimate of the number of remaining workdays, excluding holidays and prorated PTO days (versus annual allowed PTO days).

b. The Conversion Fee will be calculated based upon the Billable Rate.

3. No Conversion Fees will be made to the Provider for transitions after the initial six (6) months of the Engagement Period.

4. The Provider must invoice separately for the Conversion Fee upon Department approval of the final Conversion Fee amount.

1. Rate and Fee Requirements

1. General

a. Have a Mark-up Rate, set by Resource category (refer to Appendix G) and by the Resource’s relationship with the Provider (i.e., Employee or Independent Contractor).

i. The final Mark-up Rates outlined in the contract resulting from this RFP must be the maximum Mark-up Rates charged for any DO.

ii. The Department and Provider may negotiate a lower Mark-up Rate which will be documented in the DO.

b. Multiply the Resource Hourly Rate by the Mark-up Rate to determine the Mark-up Amount.

i. The sum of the Resource Hourly Rate plus the Mark-up Amount will be the Billable Rate.

c. A Conversion Fee will be approved by the Department and paid in a lump sum based upon the Conversion Fee requirements outlined in Part II, F. of the RFP.

2. Benefits

a. Provide a minimum level of benefits to the Resource who is considered an Employee of the Provider which includes:

i. Health insurance that meets the minimum value standard of at least sixty percent (60%) of the total cost of medical services, provides substantial coverage for physician and inpatient hospital services, and complies with the Employer Shared Responsibility Provisions as required under the Affordable Care Act.

ii. Dental insurance which covers preventative care at a minimum value standard of at least ninety-five (95%) of the total cost of dental services, with a minimum of two (2) cleanings per year, with the cost of preventive care not applying towards the annual maximum benefit.

3. Ensure the Resource Hourly Rate includes, but is not limited to:

a. Basic compensation (salary).

b. Travel costs to and from the main office location (commuting).

c. The Resource’s portion of the costs to cover benefits.

4. The Mark-up Rate for a Resource, who is considered an Employee of the Provider, must include, but not be limited to:

a. Applicable employment taxes.

b. Workers Comp and other insurances, including liability.

c. Operational costs, including payroll/payment services.

d. Basic Resource oversight and supervision.

e. Thirteen (13) State holidays on an annual basis, modified and prorated based upon the holidays that align with the Resource’s Engagement Period.

f. Ten (10) PTO days on an annual basis (per DO year), in accordance with 26 M.R.S. §637 and in support of 26 M.R.S. §636 Family Sick Leave, prorated based upon the duration of the Engagement Period.

g. The awarded Bidder’s portion of the costs to cover benefits requirements.

h. Profit margin.

5. The Mark-up Rate for a Resource, who is considered an Independent Contractor of the Provider, must include, but not be limited to:

a. Applicable taxes.

b. All other operational costs, including payment services.

c. Basic Resource oversight.

6. Ensure invoices only include request for reimbursement for actual hours worked by the Resource, and do not include:

a. Holidays observed by the State.

b. Personal leave time, including but not limited to vacation and sick leave.

7. Additional line items in the DO rate table, as approved by the Department, may include, but are not limited to:

a. Special travel required by the Department outside of normal business commuting.

b. Malpractice insurance (including tail coverage), to the extent it applies to the Resource.

c. All or part of these expense may be covered through the approved Mark-up Rate as opposed to additional line items in the DO.

PART III KEY RFP EVENTS

A. Vendor Self Service System (VSS)

1. The Office of State Procurement Services Vendor Self Service System website is found at: https://www.maine.gov/dafs/bbm/procurementservices/vendors/vendor-self-service-system

2. A copy of the RFP and all associated documents will be published in VSS.

3. Only documents published in VSS will be considered binding.

4. Any interested party may view open solicitations in VSS using the Public Access feature.

5. Vendors must have an active User ID and password in VSS to submit questions and respond to solicitations, including this RFP.

a. Vendor registration instructions and User Guide may be found at the link above, which include steps for searching for an existing account/User ID, or registering for a new account/User ID.

b. Vendors interested in responding to a solicitation are encouraged to obtain a User ID and password for VSS as soon as possible.

6. Vendors must have an active Vendor Code (VC or VS) to contract with the Department.

B. Questions

1. General Instructions: It is the responsibility of all Bidders and other interested parties to examine the entire RFP and to seek clarification, in writing, if they do not understand any information or instructions.

a. Questions must be submitted in VSS as soon as possible but no later than the date and time published in VSS.

b. Questions should be clearly stated and reference the applicable section and/or page number of the RFP.

c. The Department assumes no liability for assuring accurate/complete/on time transmission and receipt.

2. Question & Answer Summary: Responses to all questions will be compiled in writing and published in VSS no later than seven (7) calendar days prior to the Proposal Submission Deadline. It is the responsibility of all interested parties to go to VSS to obtain a copy of the Question & Answer Summary. Only those answers issued in writing in VSS will be considered binding.

C. Amendments

All amendments released in regard to the RFP will be published in VSS. It is the responsibility of all interested parties to go to VSS to obtain amendments. Only those amendments published in VSS are considered binding.

D. Proposal Submission

1. Proposals Due

a. Proposals must be received no later than the Proposal Submission Deadline (closing date) published in VSS.

b. Any proposal submissions or any additional or revised proposal files received after the Proposal Submission Deadline will be rejected without exception.

2. Delivery Instructions

a. Proposal submissions must be submitted to the Office of State Procurement Services via VSS.

b. Only proposal submissions received via VSS will be considered. The Department assumes no liability for assuring accurate/complete receipt.

c. Submissions containing links to file sharing sites or online file repositories will not be accepted as submissions. Only proposal submissions that have the actual requested files attached will be accepted.

d. Encrypted submissions received which require opening attachments and logging into a proprietary system will not be accepted. Bidders should work with their Information Technology team to ensure that the proposal submission will not be encrypted due to any security settings.

e. File size limits are 15MB per file. Bidders may separate the submissions into multiple files, as necessary, due to file size concerns.

3. Submission Format

a. Bidders must submit multiple files, with each file named and containing the required information as defined below.

File 1 [Bidder’s Name] – Preliminary Information PDF format preferred, and must include:

· Appendix A (Proposal Cover Page)

· Appendix B (Responsible Bidder Certification)

File 2 [Bidder’s Name] – Organization Qualifications and Experience PDF format preferred, and must include:

· Appendix C (Organization Qualifications and Experience Form)

· Appendix D (Litigation Form)

· All required information and attachments stated in PART IV, Section II.

File 3 [Bidder’s Name] – Proposed Services PDF format preferred, and must include:

· Appendix E (Proposed Services Response Form)

· All required information and attachments stated in PART IV, Section III.

File 4 [Bidder’s Name] – Proposed Mark-up Rates PDF format preferred, and must include:

· Appendix F (Proposed Mark-up Rates Form)

· All required information and attachments stated in PART IV, Section IV.

PART IV PROPOSAL SUBMISSION REQUIREMENTS

This section contains instructions for Bidders to use in preparing their proposals. The Department seeks detailed yet succinct responses that demonstrate the Bidder’s qualifications, experience, and ability to perform the requirements specified throughout the RFP.

Bidders’ proposals must follow the outline used below, including the numbering, section, and sub-section headings. Failure to use the outline specified in PART IV, or failure to respond to all questions and instructions throughout the RFP, may result in the proposal being disqualified as non-responsive or receiving a reduced score. The Department, and its evaluation team, has sole discretion to determine whether a variance from the RFP specifications will result either in disqualification or reduction in scoring of a proposal. Rephrasing of the content provided in the RFP will, at best, be considered minimally responsive.

Bidders are not to provide additional attachments beyond those specified in the RFP for the purpose of extending their response. Additional materials not requested will not be considered part of the proposal and will not be evaluated. Bidders must include any forms provided in the submission package or reproduce those forms as closely as possible. All information must be presented in the same order and format as described in the RFP.

Proposal Format and Contents

Section I Preliminary Information (File #1)

1. Proposal Cover Page Bidders must complete Appendix A (Proposal Cover Page). It is critical that the cover page show the specific information requested, including Bidder address(es) and other details listed. The Proposal Cover Page must be dated and signed by a person authorized to enter into contracts on behalf of the Bidder.

2. Responsible Bidder Certification Bidders must complete Appendix B (Responsible Bidder Certification). The Responsible Bidder Certification must be dated and signed by a person authorized to enter into contracts on behalf of the Bidder.

Section II Organization Qualifications and Experience (File #2)

1. Overview of the Organization Bidders must complete Appendix C (Qualifications and Experience Form) describing their qualifications and skills to provide the requested services in the RFP. Bidders must include three (3) examples of projects, which occurred within the last five (5) years, demonstrating their experience and expertise in performing these services, as well as highlighting the Bidder’s stated qualifications and skills.

a. The Bidder’s qualifications and experience in recruiting, securing, and retaining Resources must be demonstrated with supporting data, including:

i. Organizations the Bidder contracted with;

ii. Number of resources requested by each organization;

iii. A list of the specific positions requested, and the number of positions filled for each organization;

iv. Positions which have been challenging to recruit and the contributing reason(s) behind the recruitment challenges; and

v. Average turnover times for resources over the five (5) year period.

2. Project Team Organizational Chart Bidders must provide a legible organizational chart of the project team including to whom the project team reports. Note: individual project team positions are to be identified in the job description and staffing plan.

3. Litigation Bidders must complete Appendix D (Litigation Form) providing a list of all current litigation in which the Bidder is named and a list of all closed cases that have closed within the past five (5) years in which the Bidder paid the claimant either as part of a settlement or by decree. For each, list the entity bringing suit, the complaint, the accusation, amount, and outcome. If no litigation has occurred, indicate such on the form.

4. Financial Viability Bidders must provide the three (3) most recent years of Financial Statements audited or reviewed by a Certified Public Accountant.

Section III Proposed Services (File #3)

1. Bidders must complete Appendix E (Proposed Services Response Form) to discuss the Scope of Services referenced above in Part II of the RFP and what the Bidder will offer, including a description of the methods and resources the Bidder will use and how each task involved will be accomplished. Bidders must also describe how the expectations and/or desired outcomes as a result of these services will be achieved.

Section IV Proposed Mark-up Rates (File #4)

1. Proposed Mark-up Rates Form Bidders must complete Appendix F (Proposed Mark-up Rates Form).

2. General Instructions

a. The Mark-up Rates proposed must include the costs necessary for the Bidder to fully comply with the contract terms, conditions, and RFP requirements.

b. No costs related to the preparation of the proposal for the RFP, or to the negotiation of the contract with the Department, may be included in the proposal. Only costs to be incurred after the contract effective date that are specifically related to the implementation or operation of contracted services may be included.

PART V PROPOSAL EVALUATION AND SELECTION

Evaluation of the submitted proposals will be accomplished as follows:

A. Evaluation Process – General Information

1. An evaluation team, composed of qualified reviewers, will judge the merits of the proposals received in accordance with the criteria defined in the RFP.

2. Officials responsible for making decisions on the award selection will ensure that the selection process accords equal opportunity and appropriate consideration to all who are capable of meeting the specifications. The goals of the evaluation process are to ensure fairness and objectivity in review of the proposals and to ensure that the contract is awarded to the Bidder whose proposal provides the best value to the State of Maine.

3. The Department reserves the right to communicate and/or schedule interviews/presentations with Bidders, if needed, to obtain clarification of information contained in the proposals received. The Department may revise the scores assigned in the initial evaluation to reflect those communications and/or interviews/presentations.

4. Changes to proposals, including updating or adding information, will not be permitted during any portion of the evaluation process. Therefore, Bidders must submit proposals that present their rates and other requested information as clearly and completely as possible.

B. Scoring Weights and Process

1. Scoring Weights: Proposal scores will be based on a 100-point scale and will measure the degree to which each proposal meets the following criteria. The proposal materials that will be evaluated under each section below are identified in Part IV of the RFP. The Department intends to issue a conditional award for at least the top five (5) Bidders who score at least 70 points or above. The Department will consider additional Bidders who meet or exceed the minimum 70-point value.

2. Scoring Process: The evaluation team will use a consensus approach to evaluate and score Sections II & III above. Members of the evaluation team will not score those sections individually but, instead, will arrive at a consensus as to assignment of points for each of those sections. Section IV, the proposed Mark-up Rates, will be scored as described below.

3. Scoring the Proposed Mark-up Rates: The proposed Mark-up Rates for conducting all the functions specified in the RFP for each Category/Provider Resource Type will be assigned a score according to a mathematical formula as described below. The lowest Mark-up Rate for each Category/Provider Resource Type will be awarded 7.5 points. Proposals with higher Mark-up Rate values for each Category/Provider Resource Type will be awarded proportionately fewer points calculated in comparison with the lowest Mark-up Rate for each Category/Provider Resource Type.

The scoring formula is:

· (Lowest submitted Mark-up Rate proposed under Category I - Employee / Mark-up Rate proposed under Category I - Employee being scored) x 7.5 = pro-rated score

· (Lowest submitted Mark-up Rate proposed under Category I – Independent Contractor / Mark-up Rate proposed under Category I - Independent Contractor being scored) x 7.5 = pro-rated score

· (Lowest submitted Mark-up Rate proposed under Category II - Employee / Mark-up Rate proposed under Category II - Employee being scored) x 7.5 = pro-rated score

· (Lowest submitted Mark-up Rate proposed under Category II – Independent Contractor / Mark-up Rate proposed under Category II - Independent Contractor being scored) x 7.5 = pro-rated score

· (Lowest submitted Mark-up Rate proposed under Category III - Employee / Mark-up Rate proposed under Category I - Employee being scored) x 7.5 = pro-rated score

· (Lowest submitted Mark-up Rate proposed under Category III – Independent Contractor / Mark-up Rate proposed under Category III - Independent Contractor being scored) x 7.5 = pro-rated score

No Best and Final Offers: The State of Maine will not seek or accept a best and final offer (BAFO) from any Bidder in this procurement process. All Bidders are expected to provide their best value pricing with the submission of their proposal.

C. Negotiations

1. The Department reserves the right to negotiate with the awarded Bidder(s) to finalize a contract. Such negotiations may not significantly vary the content, nature or requirements of the proposal or the Department’s Request for Proposal to an extent that may affect the price of goods or services requested.

2. The Department reserves the right to terminate contract negotiations with an awarded Bidder who submits a proposed contract significantly different from the proposal they submitted in response to the advertised RFP.

3. In the event that an acceptable contract cannot be negotiated with the highest ranked Bidder, the Department may withdraw its award and negotiate with the next-highest ranked Bidder, and so on, until an acceptable contract has been finalized. Alternatively, the Department may cancel the RFP, at its sole discretion.

D. Selection and Award

1. The final decision regarding the award of the contract will be made by representatives of the Department subject to approval by the State Procurement Review Committee.

2. Notification of conditional award selection or non-selection will be made in writing by the Department.

3. Issuance of the RFP in no way constitutes a commitment by the State of Maine to award a contract, to pay costs incurred in the preparation of a response to the RFP, or to pay costs incurred in procuring or contracting for services, supplies, physical space, personnel or any other costs incurred by the Bidder.

4. The Department reserves the right to reject any and all proposals or to make multiple awards.

E. Appeal of Contract Awards

Any person aggrieved by the award decision that results from the RFP may appeal the decision to the Director of the Bureau of General Services in the manner prescribed in 5 M.R.S.A. § 1825-E and 18-554 Code of Maine Rules Chapter 120. The appeal must be in writing and filed with the Director of the Bureau of General Services, 9 State House Station, Augusta, Maine, 04333-0009 within fifteen (15) calendar days of receipt of notification of conditional contract award.

PART VI CONTRACT ADMINISTRATION AND CONDITIONS

A. Contract Document

1. The awarded Bidder will be required to execute a State of Maine Service Contract with appropriate riders as determined by the issuing department, including the Department’s Business Associate Agreement (BAA).

All exceptions will be negotiated between the awarded Bidder(s) and the State. The State will not accept any proposed exceptions as part of this RFP process. The State is not obligated to accept, negotiate, or compromise of any proposed exceptions.

The complete set of standard State of Maine Service Contract documents, along with other forms and contract documents commonly used by the State, may be found on the Office of State Procurement Services website.

Forms and contract documents commonly used by the Department can be found on the Department’s Division of Contract Management website.

The awarded Bidder will be required to provide a certificate of insurance on a standard ACORD form (or the equivalent) evidencing its general liability, professional liability, and any other relevant liability insurance policies that might be associated with the services provided as part of the contract resulting from this RFP.

2. Allocation of funds is final upon successful negotiation and execution of the contract, subject to the review and approval of the State Procurement Review Committee. Contracts are not considered fully executed and valid until approved by the State Procurement Review Committee and funds are encumbered. No contract will be approved based on an RFP which has an effective date less than fourteen (14) calendar days after award notification to Bidders. (Referenced in the regulations of the Department of Administrative and Financial Services, Chapter 110, § 3(B)(i).)

This provision means that a contract cannot be effective until at least fourteen (14) calendar days after award notification.

3. The State recognizes that the actual contract effective date depends upon completion of the RFP process, date of formal award notification, length of contract negotiation, and preparation and approval by the State Procurement Review Committee. Any appeals to the Department’s award decision(s) may further postpone the actual contract effective date, depending upon the outcome. The contract effective date listed in the RFP may need to be adjusted, if necessary, to comply with mandated requirements.

4. In providing services and performing under the contract, the awarded Bidder must act as an independent contractor and not as an agent of the State of Maine.

B. Standard State Contract Provisions

1. Contract Administration Following the award, a Contract Administrator from the Department will be appointed to assist with the development and administration of the contract and to act as administrator during the entire contract period. Department staff will be available after the award to consult with the awarded Bidder in the finalization of the contract.

2. Payments and Other Provisions The State anticipates paying the awarded Bidder on the basis of net 30 payment terms, upon the receipt of an accurate and acceptable invoice. An invoice will be considered accurate and acceptable if it contains a reference to the State of Maine contract number, contains correct pricing information relative to the contract, and provides any required supporting documents, as applicable, and any other specific and agreed-upon requirements listed within the contract that results from the RFP.

PART VII LIST OF RFP APPENDICES AND RELATED DOCUMENTS

Appendix A – Proposal Cover Page

Appendix B – Responsible Bidder Certification

Appendix C – Qualifications and Experience Form

Appendix D – Litigation Form

Appendix E – Proposed Services Response Form

Appendix F – Proposed Mark-up Rates Form

Appendix G – List of Resource Types

APPENDIX A

State of Maine Department of Health and Human Services…