rfp-2027-dbh-16-facil.pdf

REQUEST FOR PROPOSALS

FOR

Facilitating Organization for Student Assistance Programs

RFP-2027-DBH-16-FACIL

RELEASE DATE: March 3, 2026

State of New Hampshire

Department of Health and Human Services

New Hampshire Department of Health and Human Services

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TABLE OF CONTENTS

1. PURPOSE AND OVERVIEW 3

2. STATEMENT OF WORK 5

3. SOLICITATION RESPONSE EVALUATION 8

4. SOLICITATION RESPONSE PROCESS 10

5. SOLICITATION RESPONSE SUBMISSION INSTRUCTIONS 12

6. SOLICITATION RESPONSE REQUIREMENTS 12

7. ADDITIONAL TERMS AND REQUIREMENTS 13

8. COMPLIANCE 18

9. APPENDICES TO THIS SOLICITATION 19

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1. PURPOSE AND OVERVIEW

Introduction

The New Hampshire Department of Health and Human Services, Division for Behavioral Health, Bureau of Drug and Alcohol Services (“Department”) is seeking proposals from qualified vendors to serve as the facilitating organization for Student Assistance Programs (SAPs) across New Hampshire. The selected Vendor will develop and maintain the infrastructure necessary to support SAPs statewide and provide comprehensive program support, including centralized coordination, technical assistance, and oversight to ensure effective implementation of a minimum of 40 SAPs per school year. Key responsibilities include distributing funding and managing subawards for SAP programming, statewide;

maintaining processes for statewide coordination and oversight to ensure programs are implemented as designed and intended; providing back-office support services that ensure the effective and compliant operation of SAPs; providing training and resources; and fostering collaboration among schools and other partner entities to strengthen SAP services and outcomes.

Qualified Vendors:

Must demonstrate experience providing Facilitating Organization services and supports to community-based or school-based organizations; experience implementing school-based substance misuse prevention programming; and familiarity with local and regional NH partners, including Regional Public Health Networks, The Doorway System, and Community Mental Health Centers.

Must be located in New Hampshire.

Qualified vendors that currently have an active SAP subaward may respond to this RFP;

however, the selected Vendor will not be eligible to receive any SAP subawards or assist a school district or agency with applying to be a SAP provider during the term of the contract resulting from this Solicitation.

The Department anticipates awarding one (1) contract for the services in this solicitation.

Key Information

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

Contract Effective Date July 1, 2026, upon Governor and Executive Council approval

Contract End Date June 30, 2028

Renewal Options The Department may extend contracted services for up to two (2) additional years.

Funding for the resulting contract is anticipated to be approximately:

See Section 2.3, Finance, below.

Funding Source The Department anticipates using Federal and General funds (Governor’s Commission), and Other Funds (Opioid Abatement) for the resulting contract.

Assistance Listing 93.959

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Number

Award Name Substance Use Prevention, Treatment, and Recovery Services Block Grant

Match Requirements N/A

Point of Contact Shannon Judd, Contract Specialist

Shannon.Y.Judd@dhhs.nh.gov

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

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

Procurement Timetable

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

Item Action Date

1. Solicitation Released 3/3/2026

2.

Letter of Intent Submission Deadline (optional)

3/11/2026

3. Vendor Questions Submission Deadline 3/11/2026

12:00PM - Noon

4.

Department Response to Questions Published

3/25/2026

5. Vendor Solicitation Response Due Date 4/1/2026

12:00PM - Noon

Background

1.4.1. New Hampshire Department of Health and Human Services, Division for Behavioral Health, Bureau of Drug and Alcohol Services

The mission of the Department is to join communities and families in providing opportunities for citizens to achieve health and independence. The Division for Behavioral Health (DBH) contributes to this mission, in part, by providing resources that develop, support, and deliver substance misuse prevention, early intervention, life-saving interventions, treatment and recovery support services that are integrated with

Page 5 of 20 v.2.1 primary and behavioral health care.

The Department envisions a statewide prevention, early intervention, life-saving interventions, treatment and recovery supports delivery system that meets the needs of the individuals and families misusing substances and/or experiencing substance use disorders (SUD) served under this RFP, including, but not limited to care that is integrated with mental and physical health services and coordinated with other social and community service agencies to address the social determinants of health for all individuals receiving services.

1.4.2. Objective

Student Assistance Programs modeled after Project SUCCESS, are part of the Department’s overall strategy to prevent and reduce substance misuse and its consequences. The Department began funding SAP in 2012 as a pilot program in five

(5) school districts. Because of the program’s success, the Department sought and received funds to procure SAP services in an additional 10 school districts. Two (2) years later, because of the 15 successful programs, the Department received additional funds to stand up eight (8) more programs, giving the Department 42 SAPs statewide.

The Department’s goal is to create a statewide, geographically diverse SAP network by contracting with an organization that can provide technical assistance and best practice guidance on how to effectively deliver SAP services.

It is the intention of the Department to ensure standardization and best practices for financial, operational, and technical assistance and training supports to strengthen and enhance a statewide SAP infrastructure.

The resulting contract will build upon SAP development work completed in previous initiatives and projects. The selected Vendor will coordinate and collaborate with other Department Vendors to avoid duplication of effort and to take advantage of other initiatives and capacities already developed to support this work.

2. STATEMENT OF WORK

Scope of Services– See Appendix A – Scope of Services

Mandatory Questions

2.2.1. In response to this solicitation, Vendor(s) must respond to the Mandatory Questions below, utilizing Appendix E Technical Responses to Mandatory Questions.

Q1 Describe your organization’s experience:

a. Providing Facilitating Organization services and supports to community-based or school-based organizations;

b. Providing back-office support services, including financial management, human resources administration, data management and reporting, policy and regulatory compliance, and communications;

c. Implementing school-based substance misuse prevention programming;

d. Developing and implementing evaluation plans that measure program effectiveness, ensure accountability, and support continuous improvement;

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e. Developing and implementing quality assurance plans to ensure program fidelity, effectiveness, and compliance;

f. Providing training and technical assistance, especially as it relates to substance misuse prevention programs for adolescents, and confidentiality and privacy laws; and

g. Facilitating Communities of Practice.

Q2 Describe your organization’s ability to perform all requirements identified in this RFP.

Include:

a. A Work Plan that demonstrates how your organization will ensure grant agreements are entered into with a minimum of 40 schools or other organizations to provide SAP within 60 days of the effective date of the contract effective date.

The Work Plan must include a timeline, benchmarks, associated tasks, risks, and accountability for all requirements;

b. How back-office support will be provided, including financial management, human resources administration, data management and reporting, policy and regulatory compliance, and communications;

c. SAP Funding Distribution Plan that includes a proposed grant application and detail of what applicants will be required to provide as part of their application;

the grant application review and reward process; and how you will ensure communities of highest need have access to SAP services;

d. How you will monitor and manage sub-awardee grant agreements to ensure programming is implemented as intended and in compliance with all applicable regulations, maintain accountability for funds, and track performance outcomes.

Include site visit schedule and corrective action process(es);

e. Training and Technical Assistance delivery model, proposed training calendar, and feedback mechanism(s);

f. Community of Practice approach, including frequency, format, involvement of subject matter expertise, and how resources will be shared;

g. Strategies used to promote the availability, purpose, and value of SAPs statewide;

h. How you will work with SAPs to ensure sustainability of services beyond the implementation phase? Include elements that will be considered in each SAP Sustainability Plan; and

i. Proposed performance measures that demonstrate effectiveness of services provided through the resulting Agreement.

Q3 Describe your organization’s capacity to perform all requirements identified in this RFP.

Please complete Appendix F – Program Staff List and including the following in your response:

a. An organizational chart;

b. Roles and responsibilities for key staff;

c. Resumes for key staff;

d. Job descriptions for vacant positions;

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e. Any specialized staff training completed, relevant to providing services in this solicitation; and

f. Strategies for recruiting and retaining staff.

Finance

2.3.1. Funding is anticipated to be available for the resulting contract as follows:

State Fiscal Year (July 1 through June 30)

Total Funding Amount

July 1, 2026 – June 30, 2027 $4,950,000

July 1, 2027 – June 30, 2028 $3,475,000

TOTAL $8,425,000

2.3.2. A minimum of 85% of the total available funding must be budgeted for distribution as grant agreements to participating organizations to implement SAPs.

2.3.3. Payment for services will be made on a monthly basis based on the approved budgets, which will be included in the resulting contract. The selected Vendor will be required to submit budgets for Department approval upon notification of award.

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

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3. SOLICITATION RESPONSE EVALUATION

The Department will evaluate responses from Vendors based upon the criteria and standards contained in this solicitation and by applying the points as set forth below, which will be used to determine the overall highest scoring Vendor(s). Vendors are advised that this is not a low-cost award.

TECHNICAL RESPONSE POSSIBLE SCORE

Q1 – Experience 250 Points

Q2 – Ability 300 Points

Q3 - Capacity 150 Points

Technical Response – Total Possible Score 700 Points

COST PROPOSAL POSSIBLE SCORE

Vendor Budget Narrative Evaluation (See 3.3 below) 50 Points

Vendor Facilitation Costs (see formula below) 250 Points

Cost Proposal – Total Possible Score 300 Points

MAXIMUM POSSIBLE SCORE 1000 Points

Preliminary Scoring of Technical Responses

3.2.1. The Department will establish an evaluation team. The evaluation team will review the Technical Proposal and provide a preliminary score. Should a Vendor fail to achieve a minimum of 400 points during the preliminary scoring, it will receive no further consideration from the evaluation team and the Vendor’s Cost Proposal will remain unopened.

Scoring of Technical Proposals

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

Question 1 0-83 Points 84-167 Points 168-250 Points

EXPERIENCE Vendor does not demonstrate experience/knowledge necessary to perform scope of services/meet solicitation requirements.

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

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

Question 2 0-99 Points 100-199 Points 200-300 Points

ABILITY Vendor does not Vendor somewhat Vendor mostly or fully

Page 9 of 20 v.2.1 demonstrate ability to perform scope of services/meet solicitation requirements. Vendor does not include sufficient detail in description of how services will be conducted, and most requirements are not sufficiently addressed.

Vendor’s work plan does not contain required detail/align with solicitation requirements.

demonstrates ability to perform scope of services/meet solicitation requirements. Vendor includes some detail in description of how services will be conducted but some requirements are not sufficiently addressed.

Vendor’s work plan contains some required detail and somewhat aligns with solicitation requirements.

demonstrates ability to perform scope of services/meet solicitation requirements. Vendor includes necessary detail in description of how services will be conducted and most or all requirements are sufficiently addressed.

Vendor’s work plan contains required detail and mostly or fully aligns with solicitation requirements.

Question 3 0-49 Points 50-100 Points 101-150 Points

CAPACITY Vendor staffing plan does not demonstrate capacity to perform scope of services/ meet solicitation requirements.

Vendor staffing plan does not demonstrate capacity to perform scope of services/ meet solicitation requirements.

Vendor staffing plan mostly or fully demonstrates capacity to perform scope of services/ meet solicitation requirements.

Scoring of Cost Proposals

3.4.1. Vendor Budget Narrative Evaluation: Vendor(s) must:

3.4.1.1. Complete Appendix G, Cost Sheet, specifying proposed costs for serving as a facilitating organization (“Facilitation Costs”) for each State Fiscal Year (July 1 through June 30), excluding funding to be distributed through grant agreements for SAP implementation, which is pre-populated in the Cost Sheet. See Subsection 2.3.2 above.

3.4.1.2. Include a Budget Narrative explaining the specific line-item costs included in Appendix G, Cost Sheet and the direct relationship to meeting the objectives of this RFP. The Cost Sheet with Narrative will be scored based on the following criteria:

0-16 Points 17-32 Points 33-50 Points

Relationship of costs relative to the proposed services is not understood.

Costs do not directly align with objectives, requirements, and/or proposed services of the

RFP.

Relationship of costs relative to the proposed services is somewhat understood. Costs somewhat align with objectives and proposed services of the

RFP.

Relationship of costs relative to the proposed services is mostly or fully understood.

Costs mostly or fully align directly with objectives and proposed services of the

RFP.

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3.4.2. Vendor Total Facilitation Costs: The following formula will be used to assign points for Vendor Proposed Facilitation Costs:

Vendor’s Cost Score = (Lowest Total Proposed Facilitation Costs / Vendor’s Total Proposed Facilitation Costs) x Maximum Number of Points for Vendor Cost.

For the purpose of this formula, the lowest proposed Facilitation Cost is defined as the lowest total Facilitation Costs, excluding the pre-populated funding to be distributed through grant agreements for SAP implementation, proposed by a Vendor in Appendix G, Cost Sheet, that has not been disqualified and received the minimum allowable points during preliminary scoring of technical responses as specified above.

*Example:

Vendor A proposes $100,000 in Facilitation Costs

Vendor B proposes $200,000 in Facilitation Costs

Maximum Number of Points for Vendor Cost = 250 points.

Vendor B Cost Score:

($100,000/$200,000) x 250 = 125 Points

Fractions of points will be rounded up to the nearest whole number of points.

Rights of the Department in Evaluating Solicitation Responses

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

3.5.1.1. Make independent investigations in evaluating solicitation responses;

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

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

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

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

3.5.1.6. Open contract discussions with the second highest scoring vendor and so on, if the Department is unable to reach an agreement on contract terms with the highest scoring vendor(s).

4. SOLICITATION RESPONSE PROCESS

Letter of Intent

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

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

4.1.3. The Letter of Intent must be transmitted by email to the Contract Specialist

Page 11 of 20 v.2.1 identified in Subsection 1.2 and include the name, telephone number, mailing address and email address of the Vendor’s designated contact as specified in Appendix D, Transmittal Letter and Vendor Information. Notwithstanding the Letter of Intent, Vendors remain responsible for reviewing the most updated information related to this solicitation before submitting a response.

Solicitation Amendment

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

Questions and Answers

4.3.1. Vendors’ Questions

4.3.1.1. All questions about this Solicitation including, but not limited to, requests for clarification, additional information or any changes to the Solicitation must be submitted to the Contract Specialist identified in Subsection 1.2 via email only using the Solicitation Question Submission Form available here. Vendors must cite the specific page number, section, and document to which the question pertains. The Department assumes no liability for ensuring accurate and complete email transmissions.

4.3.1.2. The Department reserves the right to not accept questions submitted with incomplete information or without using the Solicitation Question Submission Form. The Department may consolidate or paraphrase questions for efficiency and clarity. Questions that are not understood or statements that are not questions will not receive a response.

4.3.1.3. Questions must be received by the Department using the Solicitation Question Submission Form by the Vendor Questions Submission Deadline specified in Subsection 1.3, Procurement Timetable.

4.3.2. Department Responses

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

4.3.3. Exceptions

4.3.3.1. The Department will require the successful Vendor to execute a contract using the Form P-37, General Provisions and Standard

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Exhibits, which are attached as Appendix B. To the extent that a Vendor believes that exceptions to Appendix B will be necessary for the Vendor to enter into a contract, the Vendor must request those exceptions by the Vendor Questions Submission Deadline in Subsection 1.3. Vendors may not request exceptions to the Scope of Services or any other sections of this Solicitation.

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

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

5. SOLICITATION RESPONSE SUBMISSION INSTRUCTIONS

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

5.1.1. The subject line must include the following information:

RFP-2027-DBH-16-FACIL (email xx of xx).

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

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

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

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

6. SOLICITATION RESPONSE REQUIREMENTS

Acceptable solicitation responses must offer all services identified in Appendix A - Statement of Work, unless an allowance for partial scope is specifically described in Section 2.

Vendors must submit a separate electronic document for the Technical Response and a separate electronic document for the Cost Proposal.

Technical Response Contents

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

6.3.1. Appendix C - Culturally and Linguistically Appropriate Services (CLAS) Requirements

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6.3.2. Appendix D – Transmittal Letter and Vendor Information, including:

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

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

6.3.3. Appendix E– Technical Responses to Mandatory Questions

6.3.4. Appendix F – Program Staff List

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

Cost Proposal Contents

6.4.1. Appendix G, Cost Sheet – Vendors must complete an Appendix G, Cost Sheet, including the Budget Narrative column; and a Salary and Wages Details tab, for each State Fiscal Year (July 1 through June 30). If your organization has a Federally Negotiated Indirect Cost Rate Agreement (NICRA), please provide a copy along with your budget. This is not a low-cost award.

7. ADDITIONAL TERMS AND REQUIREMENTS

Non-Collusion

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

Collaborative Solicitation Responses

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

Validity of Solicitation Responses

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

Conflict of Interest

Vendors must disclose any actual or potential conflicts of interest in providing the services requested in this Solicitation in Appendix D: Transmittal Letter and Vendor Information. The selected Vendor must immediately notify the Department in writing of all actual or potential conflicts of interest during the period of the contract resulting from this Solicitation.

Debarment

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

Property of Department

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

Solicitation Response Withdrawal

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

Confidentiality

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

Public Disclosure

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

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

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

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

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7.9.5. Notwithstanding a Vendor’s designations, the Department is obligated under the Right-to-Know law to conduct an independent analysis of the confidentiality of the information submitted in response to the solicitation. If a request is made to the Department to view or receive copies of any portion of the response that is marked confidential, the Department shall first assess what information it is obligated to release. The Department will then notify the Vendor that a request has been made, indicate what, if any, information the Department has assessed is confidential and will not be released, and specify the planned release date of the remaining portions of the response. To halt the release of information by the Department, a Vendor must initiate and provide to the Department, prior to the date specified in the notice, a court action in the Superior Court of the State of New Hampshire, at its sole expense, seeking to enjoin the release of the requested information.

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

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

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

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

Non-Commitment

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

Solicitation Response Cost

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

Request for Additional Information or Materials

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

Oral Presentations and Discussions

The Department reserves the right to require some or all Vendors to make oral presentations of their solicitation response. The purpose of the oral presentation is to clarify and expound

Page 16 of 20 v.2.1 upon information provided in the written solicitation response. Vendors are prohibited from altering the original substance of their solicitation response during the oral presentations. The Department will use the information gained from oral presentations to refine the technical review scores. Any and all costs associated with an oral presentation shall be borne entirely by the Vendor.

Site Visits

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

Successful Vendor Notice and Contract Negotiations

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

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

Scope of Award and Contract Award Notice

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

7.16.2. If a contract is awarded, the selected Vendor(s) must obtain written consent from the State before any public announcement or news release is issued pertaining to any contract award.

Contract Registration Requirements

7.17.1. Prior to submission of any agreement for Governor and Executive Council for approval, the selected Vendor(s) must be:

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

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

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

Electronic Posting of Solicitation Results and Resulting Contract

7.18.1. At the time of receipt of responses, the Department will post the number of responses received with no further information. No later than five (5) business

Page 17 of 20 v.2.1 days prior to submission of a contract to the Department of Administrative Services pursuant to this solicitation, the Department will post the name, rank or score of each responding Vendor. In the event that the resulting contract does not require Governor & Executive Council approval, the Agency will disclose the rank or score at least five (5) business days before final approval of the contract.

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

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

Protest of Intended Award

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

Contingency

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

Ethical Requirements

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

Liquidated Damages

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

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8. COMPLIANCE

The selected Vendor(s) must comply with all applicable federal and state laws, rules and regulations, and applicable policies and procedures adopted by the Department currently in effect, and as they may be adopted or amended during the contract period.

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

8.2.1. Site visits.

8.2.2. File reviews.

8.2.3. Staff training.

Culturally and Linguistically Appropriate Services

8.3.1. Vendors are required to consider the need for language services for individuals with Limited English Proficiency (LEP) as well as other communication needs, served or likely to be encountered in the eligible service population, both in developing their budgets and in conducting their programs and activities.

8.3.2. Vendors are required to complete Appendix C, Culturally and Linguistically Appropriate Services (CLAS) Requirements as part of their solicitation response. This is in accordance with Federal civil rights laws and intended to help inform Vendors’ program design, which in turn, will allow Vendors to put forth the best possible solicitation response.

8.3.3. If awarded a contract, the selected Vendor(s) will be required to submit:

8.3.3.1. A detailed description of the language assistance services, within ten

(10) days of the Effective Date of the resulting agreement, to be provided to ensure meaningful access to programs and/or services to individuals with limited English proficiency; individuals who are deaf or have hearing loss; individuals who are blind or have low vision; and individuals who have speech challenges.

8.3.3.2. A written attestation, within 45 days of the Effective Date of the resulting agreement and annually thereafter, that all personnel involved the provision of services to individuals under the resulting agreement have completed, within the last 12 months, the Contractor Required Training Video on Civil Rights-related Provisions in DHHS Procurement Processes, which is accessible on the Department’s website (https://www.dhhs.nh.gov/doing-business-dhhs/civil-right-compliance-dhhs-vendors).

8.3.3.3. The Department’s Federal Civil Rights Compliance Checklist within ten (10) days of the Effective Date of the resulting agreement. The Federal Civil Rights Compliance Checklist must have been completed within the last 12 months and is accessible on the Department’s website (https://www.dhhs.nh.gov/doing-business-dhhs/civil-right-compliance-dhhs-vendors).

Audit Requirements

8.4.1. The selected Vendor(s) must email an annual audit to dhhs.act@dhhs.nh.gov if

Page 19 of 20 v.2.1 any of the following conditions exist:

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

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

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

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

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

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

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

9. APPENDICES TO THIS SOLICITATION

Appendix A – Scope of Services

Appendix B – Form P-37 General Provisions and Standard Exhibits

Appendix C – Culturally and Linguistically Appropriate Services (CLAS) Requirements

Appendix D – Transmittal Letter and Vendor Information

Appendix E – Technical Responses to Questions

Appendix F – Program Staff List

Appendix G – Cost Sheet

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