rfp-2027-dpqi-01-eqro.pdf

REQUEST FOR PROPOSALS

FOR

External Quality Review Organization (EQRO)

RFP-2027-DPQI-01-EQRO

RELEASE DATE: February 9, 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 9

4. SOLICITATION RESPONSE PROCESS 12

5. SOLICITATION RESPONSE SUBMISSION INSTRUCTIONS 14

6. SOLICITATION RESPONSE REQUIREMENTS 14

7. ADDITIONAL TERMS AND REQUIREMENTS 15

8. COMPLIANCE 19

9. APPENDICES TO THIS SOLICITATION 21

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1. PURPOSE AND OVERVIEW

Introduction

The New Hampshire Department of Health and Human Services, Division of Program Quality and Integrity (“Department”) is seeking responses to this Request for Proposals ("Solicitation" or "RFP") from qualified Vendors to provide External Quality Reviews (EQRs) of healthcare services provided to New Hampshire Medicaid beneficiaries enrolled in the Medicaid Care Management, statewide. EQRs evaluate and analyze aggregated information on quality, timeliness, and access to health care services provided by state contracted Managed Care Plans. EQRs serve to improve the state’s ability to oversee and manage the managed care plans they contract with and help managed care plans improve their performance.

Qualified Vendors must confirm that they meet all the qualifications of an External Quality Review Organization (EQRO) as outlined in 42 CFR 438.354.

Pursuant to 42 CFR 438, Subpart E, States are federally required to contract with an EQRO to provide rigorous assessments of their contracted Managed Care Plans.

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

Contract End Date June 30, 2029

Renewal Options The Department may extend contracted services for up to four

(4) additional years.

Funding Source The Department anticipates using Federal, General, and Other funds for resulting contract.

Assistance Listing Number 93.778

Award Name Medicaid

Match Requirements N/A

Point of Contact Danielle L. Richey, Contract Specialist danielle.l.richey@dhhs.nh.gov 603-271-9099

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.

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Procurement Timetable

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

Item Action Date

1. Solicitation Released 2/9/2026

2.

Letter of Intent Submission Deadline (optional)

2/18/2026

3. Vendor Questions Submission Deadline 2/18/2026

12:00 PM - Noon

4.

Department Response to Questions Published

3/4/2026

5. Vendor Solicitation Response Due Date 3/13/2026

12:00 PM - Noon

Background

1.4.1. New Hampshire Department of Health and Human Services, Division of Program Quality and Integrity

The Division of Program Quality and Integrity (DPQI) provides support to Department programs to measure and achieve quality and maintain integrity in their day-to-day work.

DPQI assists programs by conducting audits, providing technical assistance in active contract management, and identifying data sources from providers and Vendors.

The Division of Medicaid Services (DMS) has functional responsibility for the Medical Assistance program (Medicaid) as well as health planning, reporting, data and research.

DMS is dedicated to identification of New Hampshire’s health care needs through assessment of health care and social services delivery systems.

DMS is responsible for the administration of the Medical Assistance Program, called New Hampshire Medicaid, for low-income NH adults and children. DMS’s development and facilitation of program policy and financial management for Medicaid services assists other Department program areas manage specialized Medicaid programs for children, seniors, the blind or disabled, including persons with mental illness, developmental disabilities, and those residing in long term care facilities.

1.4.2. Objective

The Department seeks an experienced, qualified, independent, and financially strong EQRO Vendor to provide project management and support, follow specific data usage and security requirements, and provide specific reporting requirements. The selected Vendor will be responsible for conducting periodic reviews of the quality, timeliness, and access to care provided by Medicaid managed care entities (MCEs) including three (3) MCOs and one (1) dental organization (DO), and any MCE’s that may be added during the course of the resulting contract, utilizing current CMS External Quality Review (EQR) protocols. The RFP describes each activity including evaluation of MCE contractual compliance, validation of MCE performance measures, evaluation of performance improvement projects, validation of encounter data reported by MCEs, implementation

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109A GC Agenda 121725.pdf

The State is required to contract with an EQRO to comply with regulations established by the Balanced Budget Act of 1997 and 42 CFR 438 Subpart E.

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 in detail your experience and expertise evaluating Managed Care Organization (MCO) and Dental Organization (DO) Contractual Compliance.

Include:

a. A description of how your organization will meet the requirements of Sections

2.2. and 3.2., in Appendix A, Scope of Services. The Vendor must verify that all components will be included in the compliance audit or specifically state what section(s) they will not include and state the specific reason(s) for exclusion.

b. Provide one (1) MCO example and one (1) DO example of an analysis or report, from another state if possible, demonstrating the Vendor’s prior experience conducting reviews relative to contract compliance pursuant to 42 CFR 438.358(b)(1)(iii).

Q2. Describe in detail your experience evaluating MCO and DO Performance Measures and how you will meet all requirements of Sections 2.3. and 3.3., in Appendix A, Scope of Services.

a. Provide one (1) example of a report, from another state, if possible, that shows the results of a performance measure validation audit.

Q3. Describe in detail your experience evaluating MCO and DO Rapid Cycle Performance Improvement Projects (PIPs) and how you will meet all requirements of Sections 2.4. and 3.4., in Appendix A, Scope of Services, respectively. Additionally, please provide:

a. An example, from another state, if possible, of your prior experience evaluating multiple MCO PIPs utilizing the rapid cycle methodology and tools the Vendor created; and

b. An example, from another state, if possible, of your prior experience evaluating at least one (1) DO’s PIP utilizing the rapid cycle methodology and tools created (if different than those utilized for MCOs.)

Q4. Describe in detail your experience validating MCO and DO Provider Network Adequacy and how you will meet all requirements in Sections 2.5. and 3.5., in Appendix A, Scope of Services. Please provide:

https://media.sos.nh.gov/govcouncil/2025/1217/109A%20GC%20Agenda%20121725.pdf

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a. Provide one (1) example of a combined MCO and DO Medicaid managed care report OR two (2) separate reports (one (1) MCO and one (1) DO), from another state, if possible, demonstrating your prior experience validating provider network adequacy.

Q5. Describe in detail your experience validating MCO and DO Encounter Data and how you will meet all requirements of Sections 2.6. and 3.6., in Appendix A, Scope of Services. Please provide the following:

a. One (1) example of a combined MCO and DO Medicaid managed care report or two (2) separate reports (one MCO and one DO), from another state, if possible, demonstrating your prior experience validating encounter data;

b. One (1) example (if possible) demonstrating that the EQRO has had prior experience writing a certification letter attesting to the level of completeness and accuracy of the encounter data submitted by an MCO or DO; and

c. One (1) example, from another state if possible, of an analysis or report as referenced in 2.6.5.4., based on the Vendor conducting a managed care medical record review for confirmation of findings of analysis of encounter data.

Q6. Describe in detail your experience conducting provider MCO and DO Secret Shopper surveys in compliance with 42 CFR 438.358(c)(2) and describe how you would meet the requirements of Sections 2.7. and 3.7., of Appendix A, Scope of Services.

a. Please provide one (1) example of a report, from another state, if possible, demonstrating that the Vendor has had prior experience writing an MCO or DO Secret Shopper Survey report.

Q7. Describe in detail your experience conducting other member and/or provider surveys in compliance with 42 CFR 438.358(c)(2) and describe how you would meet the requirements of Sections 2.8. and 3.8., of Appendix A, Scope of Services. Please explain your experience, including your organization’s strategies for engaging providers or Medicaid beneficiaries to ensure constructive feedback, conducting the following surveys:

a. MCO and DO Provider Satisfaction Surveys. Please include an example of a report, from another state, if possible, demonstrating your prior experience writing or managing subcontractors to write an MCO or DO Provider Satisfaction Survey report.

b. MCO Revealed Caller Surveys. Please include an example of a report, from another state, if possible, demonstrating your prior experience writing or managing subcontractors to write an MCO Revealed Caller Survey report.

c. MCO and DO Semi-Structured Qualitative member focus groups and/or Surveys. Please include an example of a Medicaid survey report, from another state, if possible, inclusive of the methodology used for data collection and analysis demonstrating your prior experience writing or managing a subcontractor to write an MCO or DO Semi-Structured Qualitative member focus group and/or survey report.

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d. For each type of survey listed above, please indicate whether you have staff with the expertise to conduct this activity, and if not, how you would undertake the task of finding appropriately skilled subcontractors to perform this work.

Q8. Describe in detail your experience conducting focus studies of health and dental care quality and describe how your organization will meet the requirements of Sections 2.9. and 3.9., of Appendix A, Scope of Services.

a. Provide one (1) MCO example and one (1) DO example of a report, from another state, if possible, of an MCO focus study and a DO focus study that you have designed and implemented.

Q9. Describe in detail your experience conducting large conference-style virtual meetings and trainings for other State Medicaid agencies that include medical providers, MCOs, and community partners. Describe the technology you will use to:

a. Host online registration;

b. Host a virtual conference including providing technical assistance to attendees/speakers during the meeting;

c. Post polling questions during the conference;

d. Obtain participant feedback during the conference; and

e. Provide an electronic evaluation tool to attendees and collect completed forms post-conference.

Q10. Describe in detail your experience writing EQR MCO and DO Technical Reports.

a. Please provide one (1) MCO example and one (1) DO example, from another state, if possible, demonstrating your prior experience writing an EQR Technical Report.

Q11. Please describe your organization’s ability to track, analyze, and report the EQRO data required within the Scope of Services. Include:

a. Methods to identify trends, service gaps, or systemic issues.

b. Processes for sharing findings with the Department.

c. Safeguards for protecting sensitive personal and medical information collected.

d. A completed Appendix H, IT Requirements Workbook.

Q12. Please describe in detail your organization’s ability to provide the entire Scope of Services and meet all requirements in this solicitation. Include your organization’s approach to meeting State needs when federal regulations change (i.e. federal reporting requirements, protocols, rules, etc.).

a. Provide a detailed Implementation Plan with timelines and milestones for deliverables identified in Appendix F, Deliverables Cost Sheet, and detailed below. Please also include which key personnel will be responsible for each activity and/or deliverable, and measurable performance goals or indicators:

1. Evaluation of MCO or DO Contract Compliance;

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2. Validation of MCO or DO Performance Measures;

3. Evaluation of MCO or DO Rapid Cycle Performance Improvement Projects;

4. Validation of MCO or DO Provider Network Adequacy;

5. Validation of MCO and DO Encounter Data;

6. MCO or DO Secret Shopper Survey;

7. MCO or DO Provider Satisfaction Survey;

8. MCO or DO Semi-Structured Qualitative member focus group and/or Survey;

9. MCO or DO Quality Study;

10. MCO Annual Meeting; and

11. MCO or DO Technical Report.

Q13.. Provide your organization’s staffing plan within Appendix F – Program Staff List, including:

a. An organizational chart including the number of full-time equivalent staff

(FTE.)

b. Description of qualifications, curriculum vitae/resumes, and/or credentials for key personnel.

c. Any specialized staff training completed relevant to providing services in this solicitation.

d. Description of your organization’s approach to customer service, supervision, and training, including any ongoing training or continuing education you provide to your staff to maintain current knowledge of conducting EQRs.

Finance

2.3.1. The selected Vendor must submit monthly invoices using a form satisfactory to the Department, which identifies and requests payment for accepted deliverables rendered in accordance with the terms of the resulting contract.

Payment shall be made only for Department-accepted deliverables completed.

The selected Vendor must ensure invoices are completed dated and submitted to the Department to initiate and request payment.

Remainder of this page intentionally left blank.

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3. SOLICITATION RESPONSE EVALUATION

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

TECHNICAL RESPONSE POSSIBLE SCORE

Evaluation of Contract Compliance (Q1) 75 Points

Evaluation of Performance Measures (Q2) 75 Points

Evaluation of PIP (Q3) 75 Points

75 Points Validations of Provider Network Adequacy (Q4)

Validation of Encounter Data (Q5) 75 Points

Experience Conducting Secret Shopper Surveys (Q6)

75 Points

Experience Conducting other member and/or provider Surveys (Q7)

75 Points

Experience Conducting Focus Studies (Q8) 75 Points

Experience Conducting Conferences (Q9) 75 Points

Experience Providing Technical Reports (Q10) 75 Points

Data Tracking and Reporting (Q11) 75 Points

Ability (Q12) 100 Points

Capacity/Staffing Plan (Q13) 75 Points

Technical Response – Total Possible Score 1000 Points

COST PROPOSAL POSSIBLE SCORE

Vendor Cost (see formula below) 450 Points

Cost Proposal – Total Possible Score 450 Points

MAXIMUM POSSIBLE SCORE 1450 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 500 points during the preliminary scoring, it will receive no further consideration from the evaluation team and the Vendor’s

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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 0-25 Points 26-50 Points 51-75 Points

Vendor does not demonstrate experience necessary to evaluate MCO and DO Contractual Compliance.

Vendor somewhat demonstrates experience necessary to evaluate MCO and DO Contractual Compliance.

Vendor mostly or fully demonstrates experience necessary to evaluate MCO and DO Contractual Compliance.

Question 2 0-25 Points 26-50 Points 51-75 Points

Vendor does not demonstrate experience necessary to evaluate MCO and DO Performance Measures.

Vendor somewhat demonstrates experience necessary to evaluate MCO and DO Performance Measures.

Vendor mostly or fully demonstrates experience necessary to evaluate MCO and DO Performance Measures.

Question 3 0-25 Points 26-50 Points 51-75 Points

Vendor does not demonstrate experience necessary to evaluate MCO and DO Performance Improvement Projects.

Vendor somewhat demonstrates experience necessary to evaluate MCO and DO Performance Improvement Projects.

Vendor mostly or fully demonstrates experience necessary to evaluate MCO and DO Performance Improvement Projects.

Question 4 0-25 Points 26-50 Points 51-75 Points

Vendor does not demonstrate experience necessary to conduct validations of MCO and DO Provider Network Adequacy.

Vendor somewhat demonstrates experience necessary to conduct validations of MCO and DO Provider Network Adequacy.

Vendor mostly or fully demonstrates experience necessary to conduct validations of MCO and DO Provider Network Adequacy.

Question 5 0-25 Points 26-50 Points 51-75 Points

Vendor does not demonstrate the experience necessary to validate MCO and DO Encounter Data.

Vendor somewhat demonstrates experience necessary to validate MCO and DO Encounter Data.

Vendor mostly or fully demonstrates experience necessary to validate MCO and DO Encounter Data.

Question 6 0-25 Points 26-50 Points 51-75 Points

Vendor does not demonstrate experience necessary to conduct MCO and DO Secret Shopper Surveys.

Vendor somewhat demonstrates experience necessary to conduct MCO and DO Secret Shopper Surveys.

Vendor mostly or fully demonstrates experience necessary to conduct MCO and DO Secret Shopper Surveys.

Question 7 0-25 Points 26-50 Points 51-75 Points

Vendor does not demonstrate the experience necessary to conduct member and/or provider surveys in compliance with 42 CFR 438.358(c)(2).

Vendor somewhat demonstrates experience necessary to conduct member and/or provider surveys in compliance with 42 CFR 438.358(c)(2).

Vendor mostly or fully demonstrates experience necessary to conduct member and/or provider surveys in compliance with 42 CFR 438.358(c)(2).

Question 8 0-25 Points 26-50 Points 51-75 Points

Vendor does not demonstrate the experience necessary to conduct focus studies of

Vendor somewhat demonstrates experience necessary to conduct focus

Vendor mostly or fully demonstrates experience necessary to conduct focus

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studies of health and dental care quality.

studies of health and dental care quality.

Question 9 0-25 Points 26-50 Points 51-75 Points

Vendor does not demonstrate the experience necessary to conduct large conference-style virtual meetings and trainings.

Vendor somewhat demonstrates experience necessary to conduct large conference-style virtual meetings and trainings.

Vendor mostly or fully demonstrates experience necessary to conduct large conference-style virtual meetings and trainings.

Question 10 0-25 Points 26-50 Points 51-75 Points

Vendor does not demonstrate the experience necessary to provide MCO and DO Technical Reports.

Vendor somewhat demonstrates experience necessary to provide MCO and DO Technical Reports.

Vendor mostly or fully demonstrates experience necessary to provide MCO and DO Technical Reports.

Question 11 0-25 Points 26-50 Points 51-75 Points

Vendor does not demonstrate the ability to track, analyze, and report the EQRO data required within the Scope of Services.

Vendor somewhat demonstrates the ability to track, analyze and report the EQRO data required within the Scope of Services.

Vendor mostly or fully demonstrates the ability to track, analyze and report the EQRO data required within the Scope of Services.

Question 12 0-33 Points 34-66 Points 67-100 Points

Vendor does not demonstrate the ability to provide the entire Scope of Services and meet all requirements in this solicitation.

Vendor somewhat demonstrates the ability to provide the entire Scope of Services and meet all requirements in this solicitation.

Vendor mostly or fully demonstrates the ability to provide the entire Scope of Services and meet all requirements in this solicitation.

Question 13 0-25 Points 26-50 Points 51-75 Points

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

Vendor staffing plan somewhat demonstrates 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 Cost Evaluation: Vendor(s) must complete Appendix G, Deliverables

Cost Sheet, including tabs for each State Fiscal Year

3.4.2. Vendor Total Cost: The following formula will be used to assign points for

Vendor Proposed Cost:

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

For the purpose of this formula, the lowest proposed cost is defined as the lowest total cost proposed by a Vendor in Appendix G, Deliverables Cost

Sheet, that has not been disqualified and received the minimum allowable points during preliminary scoring of technical responses as specified above.

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*Example:

• Vendor A proposes $100,000

• Vendor B proposes $200,000

• Maximum Number of Points for Vendor Cost = 450 points.

Vendor B Cost Score:

($100,000/$200,000) x 450 = 225 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. Vendors that have submitted a Letter of Intent by the posted date will receive electronic notification of any addenda published to amend this solicitation.

4.1.3. The Letter of Intent must be transmitted by email to the Contract Specialist identified in Subsection 1.2., and include the name, telephone number, mailing address and email address of the Vendor’s designated contact as specified in Appendix 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 https://www.dhhs.nh.gov/doing-business-dhhs/contracts-procurement-opportunities

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Questions and Answers

4.3.1. Vendors’ Questions

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

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

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

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

4.3.2. Department Responses

4.3.2.1. The Department intends to issue responses to properly submitted questions by the date specified in Subsection 1.3, Procurement

Timetable. This date may be subject to change at the Department’s discretion. All oral answers given are non-binding. Written answers to questions received will be posted on the Department’s website

(https://www.dhhs.nh.gov/doing-business-dhhs/contracts-procurement-opportunities). This date may be subject to change at the Department’s discretion.

4.3.3. Exceptions

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

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

4.3.3.3. Any exceptions to the standard form contract and exhibits that are not

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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-DPQI-01-EQRO (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

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

6.3.2.1. Vendor Code Number – Prior to executing any resulting contract, the selected Vendor 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 mailto:rfx@dhhs.nh.gov https://das.nh.gov/purchasing/vendorresources.aspx

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6.3.4. Appendix F – Program Staff List

6.3.5. Appendix H – IT Requirements Workbook

6.3.6. 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, Deliverables Cost Sheet – Vendors must complete an Appendix

G, Deliverables Cost Sheet, for each State Fiscal Year (July 1 through June 30).

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.

Debarment

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

Property of Department

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

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

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

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

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

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

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

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

https://sos.nh.gov/

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

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

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

Non-Commitment

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

Solicitation Response Cost

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

Request for Additional Information or Materials

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

Oral Presentations and Discussions

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

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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

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

7.15.2. If a contract is awarded, the selected 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

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

7.16.2. Registered and in good standing with the NH Department of State, per

RSA 5:18-a (https://quickstart.sos.nh.gov/online).

7.16.3. 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.

7.16.4. 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

7.17.1. At the time of receipt of responses, the Department will post the number of responses received with no further information. No later than five (5) business days prior to submission of a contract to the Department of Administrative Services pursuant to this solicitation, the Department will post the name, rank or score of each responding Vendor. In the event that the resulting contract does not require Governor & Executive Council approval, the Agency will disclose the rank or score at least five (5) business days before final approval of the contract.

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

By submitting a response to this solicitation, vendors acknowledge and agree that, in accordance with the above-mentioned statutes and policies, (and regardless of whether any specific request is made to view any document relating to this solicitation), any contract resulting from this solicitation that is https://quickstart.sos.nh.gov/online https://www.das.nh.gov/purchasing/vendorresources.aspx https://www.das.nh.gov/purchasing/vendorresources.aspx https://www.doj.nh.gov/bureaus/charitable-trusts

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Protest of Intended Award

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

Contingency

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

Ethical Requirements

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

Liquidated Damages

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

8. COMPLIANCE

The selected 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

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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 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 forty (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 twelve (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 twelve (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 must email an annual audit to dhhs.act@dhhs.nh.gov if 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 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

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Requirements for Federal awards.

8.4.3. If Condition B or Condition C exists, the selected Vendor 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, 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, it is understood and agreed by the selected Vendor that the selected Vendor shall be held liable for any state or federal audit exceptions and shall return to the Department all payments made under the resulting contract 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…