RFP 26-004.pdf

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REQUEST FOR PROPOSAL

SOLICITATION NUMBER: RFP 26-004

FOR THE PROCUREMENT OF: Electronic Patient Observation System

SOLICITATION RELEASE DATE: 9/3/2026

RESPONSE DUE DATE: 10/1/2026

NYS OFFICE OF MENTAL HEALTH Electronic Patient Observation System

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Table of Contents

Contents

1. INTRODUCTION

2. KEY DATES AND EVENTS

3. ISSUING OFFICE/DESIGNATED CONTACTS

4. TERMS & DEFINITIONS

5. SCOPE OF WORK

5.1. Overview and Background

5.2. Services Required

5.3. Vendor Minimum Qualifications to Bid

5.4. Staff Qualifications and Requirements

6. SOLICITATION EVENTS

6.1. Question and Answer Period

6.2. Response Due Date

7. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

7.1. Proposal Format

7.2. Administrative Proposal

7.2.1. MWBE/EEO/SDVOB Requirements

7.2.2. Procurement Lobbying Requirements

7.2.3. Vendor Responsibility Questionnaire

7.2.4. Encouraging the Use of New York State Subcontractors and Suppliers

7.2.5. Freedom of Information Law – Proposal Redactions

7.2.6. Additional Forms

7.3. Technical Proposal

7.3.1. Cover Letter and Proposal Response Forms

7.3.2. Executive Summary

7.3.3. Qualifications & Experience

7.3.4. System Specifications

7.3.7 Training

7.3.8 Dashboard and Reports

7.3.7 Ongoing Support

7.4 Cost Proposal

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7.4.1 Cost Proposal Summary

7.4.2 Cost Worksheet

7.5 Proposal Submission

8 EVALUATION AND AWARD

8.1 Determination/Method of Award

8.2 Evaluation Process and Criteria

8.2.1 Initial Screening – Administrative and Mandatory Requirement Assessment (Pass/Fail – No Points)

8.2.2 Technical Proposal Evaluation (70 Points)

8.2.3 Cost Proposal Evaluation (30 Points)

9 ADMINISTRATIVE INFORMATION

9.1 Term of the Agreement

9.2 Debriefing

9.3 Protest Procedures

9.4 Right To Modify

9.5 Freedom of Information Requirements

9.6 Vendor Responsibility

9.7 Sales and Compensating Use Tax Certification (Tax Law, § 5-A)

9.8 Extraneous Terms

9.9 Clarification Process

9.10 Material Deviations

9.11 New Releases and Advertising

9.12 Executive Order No. 16: Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia

9.13 Executive Summar No. 22: Leading By Example: Directing State Agencies to Adopt a Sustainability and Decarbonization Program

10 INSURANCE REQUIREMENTS

10.1 Proof of Workers’ Compensation Coverage

10.2 Proof of Disability Benefits Coverage

10.3 Additional Insurance Information

11 OMH RESERVED RIGHTS

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1. INTRODUCTION

The Mission of the New York State Office of Mental Health (OMH) is to promote the mental health of all New Yorkers, with a focus on providing hope and recovery for adults with serious mental illness and children with serious emotional disturbances. OMH oversees New York State’s large, multi-faceted public mental health system. It directly operates twenty-six (26) inpatient Psychiatric Centers (“Hospitals” or “Facilities”), and regulates, certifies and oversees more than 4,500 programs, which are operated by local governments and nonprofit agencies.

Minority and Women-Owned Business Enterprise Goal (MWBE): 0%

Service-Disabled-Veteran Owned Business Enterprise Goal (SDVOB): 0%

Anticipated Contract Term: 5 years

The contract resulting from the RFP shall be awarded to the responsive and responsible Offeror whose proposal demonstrates the “Best Value” based on a formal evaluation process comprised of a combination of technical and financial factors as defined in this solicitation document. Please refer to Section 8.1, Determination/Method of Award for further details.

2. KEY DATES AND EVENTS

Event Date/Time

Solicitation Publication Date: Thursday September 3, 2026

Bidder/Offeror Question Submission Due Date: Thursday September 17 , 3:00pm

Issuance Date of Responses to Questions: Thursday September 24, 3:00pm

Response Due Date & Time: Thursday October 1, 3:00pm

Contract Approval/Award Notification Date: Upon OSC Approval

OMH reserves the right to change any of the dates stated in this solicitation. Such changes will be published as Addendums to the solicitation.

3. ISSUING OFFICE/DESIGNATED CONTACTS

The issuing Agency for this solicitation is the NYS Office of Mental Health (OMH). Pursuant to State Finance Law §139-j and §139-k, this solicitation includes and imposes certain restrictions on communications between OMH and vendor during the procurement process. All inquiries/communications regarding this procurement must be addressed to the Designated Contacts listed below.

Purpose Designated Contact Designated Contact Email Address

Procurement/Solicitation 1 Jack Baumnach Jack.Baumbach@omh.ny.gov

Procurement/Solicitation 2 Ryan Von-Linden Ryan.Von-Linden@omh.ny.gov

Procurement/Solicitation 3 Ron Foster Ron.Foster@omh.ny.gov

State Finance Law 139-j and 139-k imposes a “Restricted” Period for the duration of this procurement, which is defined as “The period of time commencing with the earliest written notice, advertisement, or solicitation intending to result in a procurement contract with OMH and ending with the final contract award (if applicable) by the New York State Office of the State Comptroller (OSC).

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During the Restricted Period, no vendor-initiated contact with an OMH Official shall be permitted regarding this procurement except as provided herein. This prohibition applies to any oral, written, or electronic communication under circumstances where a reasonable person would infer that the communication was intended to influence this procurement. Violation of any of the requirements described in this section may be grounds for a determination that the vendor is non-responsible and therefore in illegible for contract award pursuant to this procurement. Two (2) violations within four (4) years of the rules against impermissible contacts during the restricted period may result in the violator being de-barred from participating in any OMH procurement for a period of four (4) years from the date of debarment.

4. TERMS & DEFINITIONS

The terms “shall”, “must”, and “will” are used interchangeably to designate mandatory requirements and obligations.

The terms “should”, and “may” are used interchangeably to designate preferred but non-mandatory requirements and obligations.

The terms “bidder”, “offeror”, “vendor”, “proposer”, and “supplier” may be used interchangeably and shall have the same meaning.

The terms “OMH”, “Facility”, “Hospital(s)”, “PC”, and “Psychiatric Center” may be used interchangeably and shall have the same meaning unless otherwise defined.

5. SCOPE OF WORK

5.1. Overview and Background

OMH Psychiatric Centers (“PCs”) are comprehensive, community-based mental health facilities providing an integrated network of inpatient and outpatient services for children and adults residing in New York State.

OMH operates 20 civil PCs: 10 facilities serving adults, 5 facilities serving children, and 5 that serve both adults and children. The 20 civil hospitals have a total of 2480 adult beds, 323 child and adolescent inpatient beds. Six OMH facilities are dedicated to the adult Forensic Population including two Secure Treatment and Rehabilitation Centers. The Forensic facilities currently operate a total of 1263 adult beds and anticipate an increase in beds in the future.

5.2. Services Required

OMH is soliciting proposals from qualified vendors for the purchase, implementation, and support of an electronic patient observation system to streamline the performance of “pass checks”. A pass check is a periodic recorded visit to a patient’s room or in-facility location to record their demeanor and general well-being. Pass checks are essential to ensuring the safety of patients and must be completed accurately and timely. The current system, which relies on manual data entry, introduces the potential for human error or manipulation of pass check data.

The desired electronic patient observation system will increase adherence by ensuring pass checks are occurring timely and documented accurately, thereby reducing the rate of adverse safety events that result from lack of compliance.

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It is estimated that the electronic patient observation system will be utilized by 8-12 staff members per unit throughout ~175 units within the OMH PCs. The max unit patient census by unit type is:

approximately 25 adults per adult civil units, 10-15 youth per child serving units, and 29 adults per adult forensic ward.

System specifications

System must be interfaceable with Cerner EHR

System must be proximity-based and adjustable based on specific needs.

System must be appropriate for use in a Behavioral Health setting.

System must be composed of (1) integrated wristband, (2) Apple iPad and (3) desktop PC application.

The tablet must be an Apple iPad running iPadOS.

Size of available iPads must be identified.

System must be cloud hosted.

Wristbands must be 100% waterproof.

Wristbands must be highly tamperproof

Wristbands must be resizable.

Wristband battery life must have a minimum 3-month duration between charges.

Wristbands and tablets must communicate wirelessly using Bluetooth or other electronic means.

Patient Information must be secured and encrypted.

Software must be HIPAA-compliant.

Software must allow for the import of patient pictures iPadOS application should be easy to use and have intuitive navigation.

Software must date and timestamp each patient check

Software must have the ability to print a shift-log of pass-checks

Training

Contractor must provide comprehensive on-site training for staff in the use of the system.

Contractor must provide online training modules and documentation accessible for use by staff.

Contractor must provide training on dashboards and report generation to identified staff and leadership.

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Dashboard and reporting

Dashboards must be configurable based on Facility specific information including building ward, and unit.

System must provide Patient observation data

System must provide check compliance reporting

Ongoing support

Contractor must provide ongoing maintenance and support for the duration of the contract including:

Software updates

Hardware maintenance

Cloud-hosting

Dashboard and Reporting support

Troubleshooting

Support must be available 24 hours a day, 7 days a week, 365 days a year.

5.3. Vendor Minimum Qualifications to Bid

Vendor must have a minimum of three (3) years’ experience in providing the products and services as outlined in this RFP.

Vendor must be legal authority to do business in New York State.

Vendor must maintain compliance with all relevant healthcare regulations such as HIPPA and other data privacy laws.

Vendor must have robust data security measures to protect patient information from unauthorized access and breaches.

5.4. Staff Qualifications and Requirements

Vendor must have the necessary technical expertise in implementing and configuring the proposed solution.

6. SOLICITATION EVENTS

6.1. Question and Answer Period

The Question-and-Answer period is an opportunity for interested Offerors to submit questions and requests for clarification with regards to this solicitation. All questions and requests for clarification should cite the associated section, paragraph, and page number where applicable. In order to receive an official response, all questions must be submitted in writing to the Designated Contact(s) by Thursday September 17 , 3:00pm. Questions received after the due date and time are not guaranteed a response.

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A complete list of the submitted questions and OMH’s official responses will be posted to the NYS Contract Reporter Ad as well as distributed via email to all interested and known potential Offerors by

OMH.

The Question and Answer document will not include the names of the entity that submitted the question.

Offerors will remain anonymous to the extent allowed by the law.

6.2. Response Due Date

Electronic bids must be submitted to the Issuing Office via email by Thursday October 1, 3:00pm. No facsimile or hard copy bids will be accepted. It is the Bidder’s responsibility to ensure that the Electronic bid is received by the Issuing Office by the due date and time.

Electronic bids received by the Issuing Office must conform with the information and submission formats requested herein, or attached hereto, under the terms and conditions of this solicitation.

Electronic bids received after the Proposal Submission date or time will be disqualified from consideration. Electronic bids will not be opened by the Issuing Office until after the Proposal Submission due date and time.

The OMH will provide a confirmation email that the electronic bid has been received.

The email subject line must include the following information: The Solicitation Number and Vendor Name. If the bid requires files be sent in multiple emails, indicate the email number, e.g. 1 of 2.

Electronic submissions must be emailed to: bids@omh.ny.gov

If you cannot bid for this solicitation, please return Attachment B-2, No Bid Explanation Form, as per instructions no later than the bid due date and time.

Bids or proposals that are illegible, incomplete, or that contain any omissions, erasures, alterations, additions or items not called for in the solicitation or that contain irregularities of any kind may be rejected. All costs associated with the preparation of a bid are the responsibility of the Offeror. Offerors may modify, in writing, the content of any bid at any time prior to the due date and time. Bids may also be withdrawn or canceled before the bid due date and time.

7. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

7.1. Proposal Format

The rules established for submission content and format will be enforced. Variations from the rules prescribed herein may subject the Vendor to outright disqualification.

All proposals must be in the possession of the OMH designated contact(s) by Thursday October 1, 3:00pm. It is the sole responsibility of the Vendor to ensure the proposal is received by the due date and time. No late submissions shall be accepted.

It shall be the responsibility of each Vendor to see that its material is appropriately contained in some accessible form that best guards against the loss of property in transmission or in handling by OMH once received.

The following sections describe the required format and information to be provided by each Vendor.

Vendors responding to this RFP must satisfy all requirements stated in this RFP. All Vendors are

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To expedite review of the proposals, Vendors are instructed to submit Administrative, Technical, and Financial proposals in separate files, formatted with delineated responses to each section of each proposal. This separation of information will facilitate the review of the material requested. No information beyond that specifically requested is required, and Vendors are requested to keep their submissions to the shortest length, still ensuring a complete presentation of qualifications. Additional information, if submitted, should be in a separate package. Proposals must contain sufficient information to assure OMH of their accuracy.

Evaluation of the Administrative, Technical, and Financial Proposals received in response to this RFP will be conducted separately. Vendors are therefore cautioned not to include any Cost information in the Technical Proposal documents, or such Proposals may be rejected.

7.2. Administrative Proposal

All Administrative forms and requirements listed below and as presented in the Proposal Submission Checklist should be included in the Vendor’s Administrative Proposal. A proposal that is incomplete in any material respect may be eliminated from consideration. The information requested should be provided in the prescribed format. Responses that do not follow the prescribed format may be eliminated from consideration. All responses to the RFP will be subject to verification for accuracy.

Please provide the forms in the same order in which they are requested. Referenced attachments may be located in the Library of Attachments published in conjunction with this RFP.

7.2.1. MWBE/EEO/SDVOB Requirements

Vendors are required to comply with Minority and Woman-owned Business Enterprises (MWBE) participation requirements as stated in this RFP. As part of your proposal, submit the following documents, as appropriate.

Attachment I – MWBE/EEO Policy Statement

Attachment I-1-- EEO Employment Opportunity Staffing Plan

7.2.2. Procurement Lobbying Requirements

Vendors are required to comply with the Procurement Lobbying Guidelines as outlined in Attachment J. of this RFP. As part of your proposal, submit the following documents:

Attachment J-1 -- Procurement Lobbying Guidelines

Attachment J-2 – Disclosure of Prior Non-Responsibility Determinations Non-Collusive Bidding Certification

Vendors must complete and certify that the submission of a proposal complies with section 163- D of the NYS State Finance Law. As part of your proposal, submit the following document:

Attachment E – Non-Collusive Bidding Certification

7.2.3. Vendor Responsibility Questionnaire

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Vendors must complete, certify, and file a New York State Vendor Responsibility Questionnaire. OMH recommends that Vendors file the required Vendor Responsibility Questionnaire online via the New York State VendRep System. To enroll in and use the New York State VendRep System, see the VendRep System Instructions at:

http://www.osc.state.ny.us/vendrep/info_vrsystem.htm or go directly to the VendRep System online at: https://onlineservices.osc.state.ny.us/Enrollment/login?0

Vendors must provide their New York State Vendor Identification Number when enrolling.

To request assignment of a Vendor ID or for VendRep System assistance, contact the OSC Help Desk at 866- 370-4672 or 518-408-4672 or by email at ciohelpdesk@osc.state.ny.us.

Vendors opting to complete and submit a paper questionnaire can obtain the appropriate questionnaire from the VendRep website, www.osc.state.ny.us/vendrep, or may contact the Office of the State Comptroller’s Help Desk for a copy of the paper form.

7.2.4. Encouraging the Use of New York State Subcontractors and Suppliers

Attachment M – Encouraging the Use of New York State Subcontractors and Suppliers

Attachment N – New York State Business Usage Form

7.2.5. Freedom of Information Law – Proposal Redactions

Vendors must clearly and specifically identify any portion of the proposal that a Vendor believes constitutes proprietary information entitled to confidential handling as an exception to the Freedom of Information Law.

7.2.6. Additional Forms

ST-220 CA, Sales and Compensating Use Tax Certification

Submit proof of coverage for New York State Workers’ Compensation & Disability Benefits Insurance as explained in Section 10, Insurance Requirements of this solicitation.

Attachment A – Solicitation Cover Sheet

Attachment D – OMH Consultant Disclosure Reporting – Form A

Attachment P – Sexual Harassment Prevention Certification

Attachment Q – Gender-Based Violence and the Workplace Certification

Attachment R – Certification Regarding Executive Order 16

If required, provide verification of being registered to conduct business in New York State or the applicable state in which the Offeror is incorporated. For NYS verification, go to NYS Department of State at www.dos.ny.gov; for any other state, go to that state’s licensing agency

7.3. Technical Proposal

The purpose of the Technical Proposal is to demonstrate the qualifications, competency, and capacity of the Offeror to perform the services described in this RFP. The Technical Proposal should

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Any assumptions or descriptions regarding the roles and responsibilities of the OMH resources within the Offeror’s proposal shall not bind OMH during contract negotiation.

Vendor proposals must completely address all minimum and/or mandatory requirements. To ensure you are not unnecessarily disqualified from evaluation, thoroughly read all proposal requirements, and provide complete responses. Vague, contradictory, or incomplete responses to requirements may result in a reduced technical score or may result in having the proposal deemed non-responsive and disqualified from further consideration.

Vendors must provide all information requested by OMH as part of their proposal(s). Vendors must also indicate any specific information that is considered proprietary and/or confidential. OMH will not enter into any additional nondisclosure agreements with Vendors to obtain information requested in the RFP.

All information identified by the Vendor as proprietary and/or confidential will be treated as such by OMH. Failure to provide requested information may result in the Vendor’s proposal being deemed non-responsive and disqualified from any further consideration.

7.3.1. Cover Letter and Proposal Response Forms

As an introduction to the Vendor’s proposal, the Vendor shall provide, at a minimum, the following information:

Title Page: The technical proposal should begin with a Title Page bearing the name and address of the vendor and the name and number of this RFP.

Claim of Confidentiality: Any information that is claimed to be confidential is to be noted by reference and included after the Title Page and before the Table of Contents, and if applicable, also in the Vendor’s Financial Proposal. An explanation for each claim of confidentiality shall be included. The entire proposal cannot be given a blanket confidentiality designation. Any confidentiality designation must apply to specific sections, pages, or portions of pages of the proposal.

Table of Contents: The Table of Contents shall follow the Claim of Confidentiality, if applicable, and the Title Page for the Technical Proposal, organized by section, subsection, and page number.

Transmittal Letter: A Transmittal Letter shall accompany the Technical Proposal. The purpose of this letter is to transmit the proposal and acknowledge the receipt of any amendments. The Transmittal Letter should be brief and signed by an individual who is authorized to commit the Vendor to the services and requirements as stated in this RFP.

The Transmittal Letter should include the following:

Name and address of the Vendor.

Name, title, e-mail address, and telephone number of primary contact for the Vendor.

Solicitation Title, and Solicitation Number that the proposal is in response to.

Signature, typed name, and title of an individual authorized to commit the Vendor to its proposal.

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Federal Employer Identification Number (FEIN) of the Vendor.

Acceptance of all State RFP and contract terms and conditions; if any exceptions are taken, they are to be noted in the Executive Summary.

Acknowledgement of all Addendums to the RFP

7.3.2. Executive Summary

The Vendor shall condense and highlight the contents of the Technical Proposal in the Executive Summary. The summary must include high-level information related to the Vendor’s experience with implementing and providing services and solutions for clients of similar scope as those contemplated by this RFP. The summary must include a high-level discussion of the proposed solution’s fit against the OMH requirements, highlighting the efficiencies and advantages the solution provides to the agency.

The Executive Summary must also include any exceptions or assumptions the Offeror’s proposal is taking to the RFP’s scope of work and/or the terms and conditions presented in the OMH Contract boilerplate. As stated elsewhere in the solicitation, Offeror’s must be willing to enter into a resulting contract substantially in accordance with the terms, conditions, and form presented in the OMH Contract Boilerplate. Submission of assumptions and exceptions within the Offeror’s proposal shall not bind OMH to acceptance of those terms during contract negotiation.

7.3.3. Qualifications & Experience

The vendor should describe in detail their Qualifications to provide a system that meets the specifications required by this RFP. Responses to this section should address the vendor’s system specifications based on Section 5.2. Responses should include the following at a minimum:

1. Describe the vendor’s previous experience with implementing the proposed system in State Operated Facilities?

2. Describe the vendor’s previous experience with implementing the proposed system in Forensic Settings?

3. Describe the vendor’s previous experience with implementing the proposed system in Secure Settings?

4. Provide data regarding the percentage of clients who have renewed their contract with the vendor after the initial implementation of the contract expired

5. Describe your Key Staff Qualifications & Experience to deliver this required solution.

7.3.4. System Specifications

The vendor should describe in detail system specifications required by this RFP. Responses to this section should address the vendor’s system specifications based on section 5.2. Responses should include the following at a minimum:

1. A narrative outline on how each requirement will be met by the proposed system as outlined in section 5.2.

2. Answers to the following technical questions:

a. Provide a narrative on how your proposed solution reduces human error, improves monitoring compliance and reduces escalation or intervention events?

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3. How are missed observations prevented by the technical solution? Does the system include missed observation alerts?

4. How are overdue observations escalated?

a. Are timestamps provided by the solution automatic and immutable?

b. Describe how the system supports high-risk patient flagging capabilities, risk alerts, observation frequency changes and escalation capabilities?

5. How is information added to the system?

6. Does the system have role-based access to the system (user, supervisor/superuser, etc)?

7. If so, how easy is it to assign user status in the proposed solution?

a. What Real Time Information is available to individual users and supervisors utilizing the proposed technical solution?

b. What system specifications are standard and what is customizable?

7.3.5 Training

The vendor should describe in detail the training specifications required by this RFP. Responses to this section should address the vendor’s training specifications based on section 5.2.

Responses should include the following at a minimum:

1. A narrative outline on how each requirement will be met by the proposed system as outlined in section 5.2.

2. Answers or additional information to the following technical questions or requests:

a. Provide a workflow document and accompanying narrative describing the implementation plan at a facility.

b. Provide an example of an implementation barrier your system experienced at a previous location and how that was overcome.

c. Explain the staff learning requirements for each category of system user (user, supervisor/super user, etc.) in your proposed training solution.

d. Explain the administrative responsibility/ workload associated with implementation

7.3.6 Dashboard and Reports

The vendor should describe in detail the dashboard and report specifications required by this RFP. Responses to this section should address the vendor’s dashboard and report specifications based on section 5.2. Responses should include the following at a minimum:

1. A narrative outline on how each requirement will be met by the proposed system as outlined in section 5.2.

2. Answers or additional information to the following technical questions or requests:

a. Are the reports and data exportable?

b. Is there Staff Performance Reporting?

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c. Is there a Missed Round analytics/compliance dashboard?

d. What Real Time Reporting capabilities does your proposed solution have?

3. Does the solution have data and or reporting tamper protection, if so please describe?

4. Please describe the system’s data retention and archival capabilities. Specify how long records are preserved within the active system, the availability of long-term archival storage and methods used to ensure data integrity, accessibility, and compliance with

HIPPA.

7.3.7 Ongoing Support

The vendor should describe in detail the Ongoing Support specifications required by this RFP.

Responses to this section should address the vendor’s support specifications based on Section

5.2. Responses should include the following at a minimum:

1. A narrative outline on how each requirement will be met by the proposed system as outlined in section 5.2.

2. Answers or additional information to the following technical questions or requests:

a. Can staff continue to use the system if there is an electrical outage or if the system is down/offline?

i. If so, please provide a workflow and narrative on how staff should manage an electrical outage.

ii. If so, please provide a workflow and narrative on how staff should manage the system being offline.

b. How long after an electrical or service/ internet disruption does it take for the offline data to sync to the system, once connection is re-established?

7.3.8 Supplier Diversity

The Offeror must provide their Supplier Diversity practices on Attachment O, Supplier Diversity Practices Questionnaire. Additional sheets should be attached, as necessary to fully describe the Offeror’s Diversity Practices.

Pursuant to §310(22) of Article15A of New York State Executive Law, “Diversity Practices” shall mean the contractor’s practices and policies with respect to:

Utilizing certified minority and women-owned business enterprises in contracts awarded by a state agency or other public corporation, as subcontractors and suppliers; and

Entering into partnerships, joint ventures or other similar arrangements with certified minority and women-owned business enterprises as defined in this article or other applicable statute or regulation governing an entity’s utilization of minority or women-owned business enterprises.

Points will not be rewarded based on the Offeror’s status as a certified MWBE firm.

7.3.9 References

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The Vendor should provide three relevant references and their contact information on Attachment L, Business References in the Library of Attachments. During the evaluation phase, OMH will reach out to these identified references by email or phone to complete a reference check questionnaire. It is the Vendor’s responsibility to provide responsive references willing to participate in the questionnaire process.

7.4 Cost Proposal

The purpose of this section is to prescribe the items that must be included in the Offeror’s Cost Proposal. All proposed costs must be directly related to the services contemplated by this RFP. Cost Proposals that do not conform to the format, organization, and instructions provided may be removed from consideration.

7.4.1 Cost Proposal Summary

The Cost Proposal must begin with an introduction and summary that provides an overview and description of the Vendor’s approach that was used to determine the overall costs of the services contemplated by this RFP. The summary should address how the firm aims to provide a fair and transparent pricing model that is competitive in the market, while ensuring quality products and services.

Vendors should provide detailed documentation and justification for their proposed costs, including any costs associated with administrative overhead, markup percentages, materials and supplies, training, reporting, compliance, and other expenses.

The Cost Proposal Summary must include a signature from an authorized Vendor employee who has the authority to contractually agree to the costs provided in the Cost Proposal.

Please explain how your billing would work regarding unused or underused wristbands. OMH anticipates an adoption period to with this new system that would create 5-20% of these wristbands being underused. We would be interested in only paying for the daily use expenses of monitors actually used, after purchasing the materials.

7.4.2 Cost Proposal Worksheet

The Cost Proposal Worksheet must include a signature from an authorized Offeror signatory who has the legal authority to contractually bind the Offeror to the proposed costs.

On Attachment C, Cost Proposal Worksheet, the Vendor must propose rates for each of the project items in Section 5.2, Scope of Work.

All rates must include the firm’s cost of doing business, including but limited to advertising costs, travel, candidate background checks, and other general administrative expenses.

For evaluation purposes, the lowest proposed Total Cost for the sum of the Cost Proposal Worksheet will received the maximum points available, and all other proposals will receive points relative to the lowest cost based on the following formula:

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(lowest cost/cost being evaluated) x maximum points

7.5 Proposal Submission

Electronic proposals must be emailed to: bids@omh.ny.gov

To be deemed responsive to this RFP, Vendors must meet all mandatory requirements and the written proposals must address all response criteria requested herein. Failure to comply with the requirements or provide all responses may result in the Vendor’s proposal being deemed non-responsive and removed from further consideration, or a reduced Technical score.

Electronic proposals must be submitted via email no later than Error! Reference source not found..

No facsimiles, hard copy proposals, or links to third-party cloud or other hosted solutions will be accepted. It is the Vendor’s responsibility to ensure that the proposal is submitted and received by the due date and time. Proposals received after the submission date and time will be disqualified from consideration.

The OMH will provide a confirmation email that the electronic proposal has been received. The email subject line must include the following information: The Solicitation Number and Vendor Name. If the proposal requires files be sent in multiple emails, indicate the email number, e.g. 1 of 2.

A complete Electronic Proposal should contain and be organized into the follow three volumes:

Volume 1 – Written Technical Proposal should include responses to all major sections identified in Section 7.3, Technical Proposal and on the Proposal Submission Checklist contained in the associated Library of Attachments.

Volume 2 - Cost Proposal should be comprised of the signed Cost Proposal Summary and completed Attachment B - Cost Proposal Worksheet as defined in Section 7.4, Cost Proposal.

Volume 3 - Administrative Proposal should be comprised of one set of Administrative attachments as outlined in Sections 7.2, Administrative Proposal and on the Proposal Submission Checklist contained in the associated Library of Attachments.

Complete proposals must be received by Thursday, October 1st 3:00pm

Proposals that are illegible, incomplete, or that contain any omissions, erasures, alterations, additions, or items not called for in the solicitation or that contain irregularities of any kind may be rejected. All costs associated with the preparation of the proposal are the responsibility of the Offeror. Offerors may modify, in writing, the content of any proposal at any time prior to the proposal due date and time.

Proposals may be withdrawn or canceled before the proposal due date and time.

8 EVALUATION AND AWARD

8.1 Determination/Method of Award

The contract resulting from the RFP shall be awarded to the responsive and responsible Offeror whose proposal demonstrates the “Best Value” based on a formal evaluation process comprised of a combination of technical and financial factors as defined in this solicitation document. Best Value is defined as that proposal that meets the mandatory requirements and received the highest overall

Solicitation number – solicitation title Page 17 of 24 composite score based on a technical evaluation and financial evaluation. OMH reserves the right to seek clarifications, evaluate and/or reject all proposals in whole or in part, and to waive or modify technicalities, irregularities, and omissions or solicit new proposals if in the Agency’s sole judgement, the best interests of the State shall be served. Following contractor selection, and prior to contract signing, OMH reserves the right to further negotiate costs or other specifics with the tentative awardee.

In the event that two or more Offerors receive the same final composite score, OMH shall use the following tie-breaker mechanisms in the order listed below to determine final ranking:

The Offeror with the highest Technical Score.

The Offeror with the highest Financial Score.

The drawing by lot limited to those bidders. If time permits, the bidders involved shall be given an opportunity to attend the drawing. The drawing shall be witnessed by three persons and the contract file shall contain the names and contact information of the witnesses and the person supervising the drawing.

8.2 Evaluation Process and Criteria

All compliant proposals as described in Section 7, Proposal Preparation and Submission, accepted from qualified Vendors will be subject to an evaluation by OMH. OMH will establish separate Technical Proposal and Cost Proposal Evaluation Committees.

The selection method will be based on a points system with the rating criteria weighted at:

70 points for Technical Proposal 30 points for Cost Proposal

The contract(s) resulting from this solicitation will be awarded to the Offeror(s) with the highest composite scores for both sections.

8.2.1 Initial Screening – Administrative and Mandatory Requirement Assessment (Pass/Fail – No Points)

Vendor proposals must completely address all minimum and/mandatory requirements. To ensure you are not unnecessarily disqualified from evaluation, thoroughly read all proposal requirements and provide complete responses. Vague, contradictory, or incomplete responses to requirements may result in a reduced Technical score or may be deemed non-responsive and disqualified from further consideration.

Only proposals passing the initial screen will be considered viable and subject to continued evaluation by OMH.

8.2.2 Technical Proposal Evaluation (70 Points)

The Technical Proposal Evaluation Committee will perform the technical proposal evaluation for all proposals which pass the Initial Screening phase. The technical evaluation will be based upon the requirements set forth in this RFP and the Vendor’s technical proposal responses as outlined in RFP Section 7.3, Technical Proposal and its subsections.

The points for this section will be allocated as follows:

Cover Letter and Proposal Response Forms (Pass/Fail) Executive Summary (5 Points) Qualifications & Experience (10 Points)

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System Specifications (20 Points) Training (10 Points) Dashboard and Reports (10 Points) Ongoing Support (5 Points) Supplier Diversity (5 Points) References (5 Points)

8.2.3 Cost Proposal Evaluation (30 Points)

The Cost Proposal Evaluation Committee will evaluate the cost proposals independently from the technical proposal evaluation. Cost information will be held in confidence until the completion of the technical evaluation. The Cost Proposal evaluation will be based on the Vendor’s written response provided in Attachment C – Cost Worksheet, as outlined in Section 7.4. of this RFP.

9 ADMINISTRATIVE INFORMATION

9.1 Term of the Agreement

The term of the agreement shall be five (5) years from the date of approval of the contract by the New York State Office of the State Comptroller.

9.2 Debriefing

A debriefing is available to any entity that submitted a response to this solicitation. A debriefing must be requested in writing within seven (7) business days of OMH’s notification of selection or non-selection. On Offeror’s written request for a debriefing must be submitted to the Designated Contact(s) identified in this solicitation. The debriefing shall occur as soon as practicable upon OMH’s receipt of a written request for a debriefing.

9.3 Protest Procedures

An Offeror wishing to challenge the selection of a firm for contract award must submit a written Notice of Protest on Business Letterhead within seven (7) Business Days of OMH’s notification of selection and non-selection to the Designated Contact(s) identified in this solicitation. If a request for a debriefing is conducted as set forth in this solicitation, then a Notice of Protest is due within two (2) Business Days after the Debriefing has occurred.

The Notice of Protest must include, at a minimum, the following information: A) Solicitation Number and Title; B) The specific factual and/or legal allegations setting forth the basis on which the protesting party challenges the selection, and C) a Contact Name, Address, Phone Number, and Email Address to which OMH shall send its Protest Determination.

OMH will review the Notice of Protest and within fifteen (15) Business Days notify the protesting party of its protest determination. If OMH requires additional time, the protesting party shall be notified in writing within the above state fifteen (15) Business Days. OMH may summarily deny a protest that fails to contain specific factual and/or legal allegations.

Upon receipt of OMH’s Protest Determination, the protesting party may file an appeal with the NYS Office of the State Comptroller (OSC). The process for filing such an appeal is set forth at:

https://web.osc.state.ny.us/agencies/guide/MyWebHelp/Content/XI/17.htm

9.4 Right To Modify

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OMH reserves the right to modify any part of this solicitation, including but not limited to, the date and time by which responses must be submitted and received by OMH, at any time prior to the Due Date & Time listed in Section 2, Key Dates and Events. Modifications shall be made by issuance of amendments and/or addenda.

Prior to the Due Date and Time, any such clarifications or modifications as deemed necessary by be posted to the NYS Contract Reporter Ad and subsequent email notification will be provided to all potential Vendors known to OMH that have received access to this solicitation. OMH also reserves the right to cancel this solicitation, in whole or in part, and to reject any and all proposals.

If the Vendor discovers any ambiguity, conflict, discrepancy, omission, or other error in these documents, the Vendor must immediately notify OMH of such error in writing and request clarification or modification of the document. If, prior to the Due Date & Time, a Vendor fails to notify OMH of a known error or an error that reasonably should have been known, the Vendor must assume the risk of proposing. If awarded the contract, the Vendor will not be entitled to additional compensation by reason of the error or its correction.

9.5 Freedom of Information Requirements

All responses submitted for OMH’s consideration will be held in confidence. However, the resulting contract is subject to New York State Freedom of Information Law (FOIL). Therefore, if a Vendor believes that any information in its bid constitutes a trade secret or should otherwise be treated as confidential and wishes such information not to be disclosed if requested, pursuant to FOIL. (Article 6 of the Public Officer’s Law), the Vendor must submit with its bid a separate letter specifically identifying the page number(s), line(s), or other appropriate designation(s) containing such information, explaining in detail why such information is a trade secret and formally requesting that such information be kept confidential. Failure by a Vendor to submit such a letter with its bid identifying trade secrets will constitute a waiver by the Vendor of any rights it may have under Section 89(5) of the Public Officers’ Law relating to protection of trade secrets. The proprietary nature of the information designated confidential by the Vendor may be subject to disclosure if ordered by a court of competent jurisdiction.

A request that an entire bid be kept confidential is not advisable since a bid cannot reasonably consist of all data subject to FOIL proprietary status.

9.6 Vendor Responsibility

Section 163 of the State Finance Law requires that contracts be awarded on the basis of lowest price or best value to a responsive and responsible Offeror. The State and courts have determined that responsibility includes integrity, previous performance, legal authority to do business in New York State, and financial and organizational ability to perform the contract.

As part of the procurement process, Offerors, affiliates and any business entity of which the Offeror is a subsidiary and subcontractors (where the subcontractor is known at the time of the contract award, its qualifications are a material factor in the award, and its subcontract will equal or exceed $100,000 over the life of the contract) are required to complete the Vendor Responsibility Questionnaire and submit it with its proposal. OMH shall conduct reviews of each Vendor for responsibility and responsiveness. The OMH may, at its sole discretion, request additional information, including meeting with the Offeror.

If the Offeror is determined by the OMH to be not responsible, the OMH shall inform the Offeror of such ruling. The Offeror shall have thirty (30) days to request a meeting with the OMH to explain the ruling and to demonstrate the finding to be incorrect or to correct/resolve any issues impacting the Offeror’s responsibility. If the OMH’s findings remain unchanged after meeting with the Offeror, the Offeror shall be removed from consideration for this contract.

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The Offeror that is awarded this contract shall update the Vendor Responsibility Questionnaire whenever such information changes and prior to any contract extensions and/or amendments. In the case of an assignment, a Vendor Responsibility Questionnaire should be submitted for the Contractor and Subcontractors. If the Offeror is determined, on the basis of new or previously undisclosed information, to be not responsible, the contract may be terminated, at the OMH’s sole discretion.

9.7 Sales and Compensating Use Tax Certification (Tax Law, § 5-A)

Tax Law § 5-a requires contractors awarded State contracts for commodities or services valued at more than $100,000 over the full term of the contract to certify to the New York State Department of Taxation and Finance (“DTF”) that they are registered to collect New York State and local sales and compensating use taxes, if they made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000, measured over a specific period of time. The registration requirement applies if the contractor made a cumulative total of more than $300,000 in sales during the four completed sales tax quarters which immediately precede the sales tax quarter in which the certification is made. Sales tax quarters are June – August, September – November, December – February, and March – May. In addition, contractors must certify to DTF that each affiliate and subcontractor of such contractor exceeding such sales threshold during a specified period is registered to collect New York State and local sales and compensating use taxes. Contractors must also certify to the procuring State entity that they filed the certification with the DTF and that it is correct and complete.

The selected Contractor must file a properly completed Form ST-220-CA (with OMH as the Contracting Agency within 48 hours of notification of selection for award) and Form ST-220-TD (with the DTF).

These requirements must be met before a contract may take effect. Further information can be found at the New York State Department of Taxation and Finance’s website, available through this link:

www.tax.ny.gov/pdf/publications/sales/pub223.pdf.

Forms are available through these links:

ST-220 CA: http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf ST-220 TD: http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf

9.8 Extraneous Terms

Proposals shall conform to the terms set forth in the RFP. Material deviations may render the Proposal nonresponsive and may result in the rejection of the Proposal. Extraneous terms proposed by a Bidder for consideration shall be submitted using the format and process set forth in the RFP. Any Bidder submissions on standard, pre-printed forms, such as, but not limited to, product literature, order forms, license agreements, contracts, or other documents that are attached or referenced with submissions shall not be considered part of the bid or resulting Contract but shall be deemed included for informational or promotional purposes only. Only extraneous terms accepted by the OMH, in writing, shall be expressly incorporated into the Contract. Acceptance and/or processing of a Proposal shall not constitute acceptance of extraneous terms. OMH can not consider any exceptions to Appendix A, Standard Clauses for New York State Contracts.

9.9 Clarification Process

The OMH evaluation team may request clarification from a Bidder for the purpose of resolving any ambiguity or questioning information presented in the Proposal. Clarifications are an opportunity to explain, but not to make changes to, a Proposal. Responses shall be submitted to OMH within the time stipulated at the time of the request. As applicable, clarifications will be treated as addenda to the Proposal.

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9.10 Material Deviations

Material requirements of the solicitation are those…