RFP 6100019380 Correctional Health Care Services Rev. 110916.pdf

i

REQUEST FOR PROPOSALS FOR

CORRECTIONAL HEALTH CARE SERVICES

ISSUING OFFICE

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF GENERAL SERVICES

BUREAU OF PROCUREMENT

555 Walnut Street

Forum Place, 6th Floor Harrisburg, PA 17101

RFP NUMBER

6100019380

DATE OF ISSUANCE

September 16, 2011 ii

REQUEST FOR PROPOSALS FOR

CORRECTIONAL HEALTH CARE SERVICES

TABLE OF CONTENTS

CALENDAR OF EVENTS .................................................................................................iii

Part I—GENERAL INFORMATION

Part II—PROPOSAL REQUIREMENTS

Part III—CRITERIA FOR SELECTION

Part IV—WORK STATEMENT

Part V—STANDARD CONTRACT TERMS AND CONDITIONS

APPENDIX A – PROPOSAL COVER SHEET

APPENDIX B-1 – TECHNICAL QUESTIONNAIRE (LOT 1)

APPENDIX B-2 – TECHNICAL QUESTIONNAIRE (LOT 2)

APPENDIX C – ELECTRONIC MEDICAL RECORD REQUIREMENTS AND QUESTIONNAIRE

APPENDIX D-1 – COST SUBMITTAL WORKSHEET (LOT 1)

APPENDIX D-2 – COST SUBMITTAL WORKSHEET (LOT 2)

APPENDIX E – DOMESTIC WORKFORCE UTILIZATION CERTIFICATION

APPENDIX F – NON-DISCLOSURE FORM

APPENDIX G – HIPAA BUSINESS ASSOCIATE AGREEMENT

APPENDIX H – SOFTWARE LICENSE AGREEMENT

APPENDIX I – DOC & VENDOR RESPONSIBILITY FOR PROCURING SUPPLIES

APPENDIX J – INMATE POPULATION BY INSTITUTION

APPENDIX K – HB 960 ACT 22 OF 2011

APPENDIX L – CENTRALIZED CLEARANCE CHECK INFORMATION REQUEST

APPENDIX M – CORRECTIONS OFFICER TRAINEE MEDICAL STANDARDS

APPENDIX N – VISION CARE SERVICES

APPENDIX O – 13.02.01 SECTION 05 CORRECTIVE EYEWEAR POLICY

APPENDIX P – 07.03.01 INMATE REENTRY AND TRANSITION POLICY

APPENDIX Q – HEALTH CARE FORM PRICING LIST

APPENDIX R – DELIVERY REQUIREMENTS FOR SUPPLIES & DME

APPENDIX S – 05.01.01 STAFF DEVELOPMENT & TRAINING POLICY

APPENDIX T – DOC QUALITY IMPROVEMENT PLAN

APPENDIX U – MEDICAL MANAGEMENT REVIEW

APPENDIX V – DOC CURRENT STAFFING AND SALARIES

APPENDIX W – ACT 102 PROHIBITION OF EXCESSIVE OT IN HEALTH CARE

APPENDIX X – DC ADM 820 CO-PAYMENT FOR MEDICAL SERVICES POLICY

APPENDIX Y – IT OWNERSHIP RIGHTS

APPENDIX Z – DC-441

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CALENDAR OF EVENTS

The Commonwealth will make every effort to adhere to the following schedule:

Activity Responsibility Date

Deadline to submit Questions via email to Stephanie Fetter at sfetter@pa.gov. Potential Offerors 09/22/2011

Pre-proposal Conference — MANDATORY SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA 17001-8837

Issuing Office/Potential

Offerors

09/26/2011 9:00AM

MANDATORY Site Visits:

SCI-Camp Hill (see address above)

SCI-Laurel Highlands 5706 Glades Pike, Somerset, PA 15501-0631

SCI-Chester 500 E. Fourth Street, Chester, PA 19013

SCI-Graterford PO Box 246, Rte 29, Graterford, PA 19426

SCI-Muncy 6454 Rt 405, Muncy, PA 17756

Issuing Office/Potential

Offerors

09/26/2011 11:00AM

09/27/2011 10:00AM

09/28/2011 9:00AM

09/28/2011 1:00PM

09/29/2011 9:00AM

Answers to Potential Offeror questions posted to the below DGS website no later than this date.

http://www.dgsweb.state.pa.us/RTA/Search.aspx

Issuing Office 10/05/2011

Please monitor website for all communications regarding the RFP. Potential Offerors Ongoing

Sealed proposal must be received by the Issuing Office at:

PA Department of General Services Bureau of Procurement Attn: Stephanie Fetter/RFP 6100019380 555 Walnut Street Forum Place, 6th Floor Harrisburg, PA 17101

Offerors 11/18/2011 1:30 PM mailto:sfetter@pa.gov� http://www.dgsweb.state.pa.us/RTA/Search.aspx�

PART I

GENERAL INFORMATION

I-1. Purpose. This request for proposals (RFP) provides to those interested in submitting proposals for the subject procurement (“Offerors”) sufficient information to enable them to prepare and submit proposals for the Department of General Services’ consideration on behalf of the Commonwealth of Pennsylvania (“Commonwealth”) to satisfy a need for CORRECTIONAL HEALTH CARE SERVICES (“Project”).

I-2. Issuing Office. The Department of General Services (“Issuing Office”) has issued this RFP on behalf of the Commonwealth. The sole point of contact in the Commonwealth for this RFP shall be Stephanie Fetter, the Issuing Officer for this RFP. Please refer all inquiries to the Issuing Officer at sfetter@pa.gov.

I-3. Scope. This RFP contains instructions governing the requested proposals, including the requirements for the information and material to be included; a description of the service to be provided; requirements which Offerors must meet to be eligible for consideration; general evaluation criteria; and other requirements specific to this RFP.

I-4. Problem Statement. The Department of General Services is requesting proposals from suppliers which have the ability and expertise to provide health care services across the Commonwealth for the Department of Corrections. This RFP is made up of two Lots as described below. Offerors must propose on both Lots. Offerors must submit a separate and complete proposal (technical, cost and disadvantaged business) for each Lot. The Commonwealth reserves the right to evaluate and award either Lot 1 or Lot 2. Additional detail is provided in Part IV of this RFP.

Lot 1: BASE SERVICES. Base services for all correctional institutions and 2 Community Correctional Centers as specified in Part IV-4, which includes nursing and medical records staffing ONLY for SCI-Pine Grove and SCI-Chester and staffing for the dialysis units at SCI-Laurel Highlands and SCI-Muncy.

Lot 2: BASE SERVICES PLUS STAFFING. Base services plus nursing and medical records staffing for ALL correctional institutions and 2 Community Correctional Centers as specified in Part IV-5, except nursing staffing for the Mental Health Units at SCI- Graterford, SCI-Cresson, SCI- Muncy, and SCI-Rockview.

I-5. Type of Contract. It is proposed that if the Issuing Office enters into a contract as a result of this RFP, it will be a Fixed Price contract containing the Standard Contract Terms and Conditions as shown in Part V of this RFP. The Issuing Office, in its sole discretion, may undertake negotiations with Offerors whose proposals, in the judgment of the Issuing Office, show them to be qualified, responsible and capable of performing the Project.

I-6. Rejection of Proposals. The Issuing Office reserves the right, in its sole and complete discretion, to reject any proposal received as a result of this RFP.

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I-7. Incurring Costs. The Issuing Office is not liable for any costs the Offeror incurs in preparation and submission of its proposal, in participating in the RFP process or in anticipation of award of the contract.

I-8. Mandatory Pre-proposal Conference and Site Visits. The Issuing Office will hold a mandatory pre-proposal conference on September 26, 2011, as specified in the Calendar of Events. The purpose of this conference is to provide opportunity for clarification of the RFP.

Offerors should forward all questions to the Issuing Office in accordance with Part I, Section I- 9 to ensure adequate time for analysis before the Issuing Office provides an answer. Offerors may also ask questions at the conference. In view of the limited facilities available for the conference, Offerors should limit their representation to three (3) individuals per Offeror. The Pre-proposal conference is for information only. Any answers furnished during the conference will not be official until they have been verified, in writing, by the Issuing Office. All questions and written answers will be posted on the Department of General Services’ (DGS) website as an addendum to, and shall become part of, this RFP.

The Department of Corrections will conduct mandatory site visits to five (5) locations: SCI- Camp Hill, SCI-Laurel Highlands, SCI-Chester, SCI-Graterford, and SCI-Muncy, as listed in Calendar of Events of this RFP. Prospective Offerors will be provided a tour of the facility, including all areas pertaining to the provision of health care services. Facility staff will provide an overview of any specialized services, programs, equipment, etc. If an Offeror asks any questions or requests any information that is not addressed during the tour, it will be resolved by the procedures listed in Part I, Section I-9.

Attendance at the Pre-proposal Conference and all site visits is Mandatory. Failure to attend the pre-proposal conference and all site visits shall disqualify an Offeror from consideration for the contract to be awarded from this RFP, and its proposal will be returned unopened.

I-9. Questions & Answers. If an Offeror has any questions regarding this RFP, the Offeror must submit the questions by email (with the subject line “RFP 6100019380 Question”) to the Issuing Officer named in Part I, Section I-2 of the RFP. If the Offeror has questions, they must be submitted via email no later than the date indicated on the Calendar of Events. The Offeror shall not attempt to contact the Issuing Officer by any other means. The Issuing Officer shall post the answers to the questions on the DGS website by the date stated on the Calendar of Events. An Offeror who submits a question after the deadline date for receipt of questions indicated on the Calendar of Events assumes the risk that its proposal will not be responsive or competitive because the Commonwealth is not able to respond before the proposal receipt date or in sufficient time for the Offeror to prepare a responsive or competitive proposal. When submitted after the deadline date for receipt of questions indicated on the Calendar of Events, the Issuing Officer may respond to questions of an administrative nature by directing the questioning Offeror to specific provisions in the RFP. To the extent that the Issuing Office decides to respond to a non-administrative question after the deadline date for receipt of questions indicated on the Calendar of Events, the answer must be provided to all Offerors through an addendum.

All questions and responses as posted on the DGS website are considered as an addendum to, and part of, this RFP in accordance with RFP Part I, Section I-10. Each Offeror shall be responsible to monitor the DGS website for new or revised RFP information. The Issuing Office shall not be bound by any verbal information nor shall it be bound by any written information that is not either contained within the RFP or formally issued as an addendum by the Issuing Office. The Issuing Office does not consider questions to be a protest of the specifications or of the solicitation. The required protest process for Commonwealth procurements is described on the DGS website.

I-10. Addenda to the RFP. If the Issuing Office deems it necessary to revise any part of this RFP before the proposal response date, the Issuing Office will post an addendum to the DGS website at http://www.dgsweb.state.pa.us/RTA/Search.aspx. It is the Offeror’s responsibility to periodically check the website for any new information or addenda to the RFP. Answers to the questions asked during the Questions & Answers period also will be posted to the website as an addendum to the RFP.

I-11. Response Date. To be considered for selection, hard copies of proposals must arrive at the Issuing Office on or before the time and date specified in the RFP Calendar of Events. The Issuing Office will not accept proposals via email or facsimile transmission. Offerors who send proposals by mail or other delivery service should allow sufficient delivery time to ensure timely receipt of their proposals. If, due to inclement weather, natural disaster, or any other cause, the Commonwealth office location to which proposals are to be returned is closed on the proposal response date, the deadline for submission will be automatically extended until the next Commonwealth business day on which the office is open, unless the Issuing Office otherwise notifies Offerors. The hour for submission of proposals shall remain the same. The Issuing Office will reject, unopened, any late proposals.

I-12. Proposals. To be considered, Offerors should submit a complete response to this RFP to the Issuing Office, using the format provided in Part II, providing separately for each Lot: one

(1) paper copy of the Technical Submittal and one (1) paper copy of the Cost Submittal and two (2) paper copies of the Disadvantaged Business Submittal. In addition to the paper copies of the proposal, Offerors shall submit two complete and exact copies of the entire proposal (Technical, Cost and Disadvantaged Business Submittals, along with all requested documents) on CD-ROM or Flash drive in Microsoft Office or Microsoft Office-compatible format, separately for each Lot. The electronic copy must be a mirror image of the paper copy and any spreadsheets must be in Microsoft Excel. The Offerors may not lock or protect any cells or tabs. Offerors should ensure that there is no costing information in the technical submittal.

Offerors should not reiterate technical information in the cost submittal. The CD or Flash drive should clearly identify the Offeror and include the name and version number of the virus scanning software that was used to scan the CD or Flash drive before it was submitted. The Offeror shall make no other distribution of its proposal to any other Offeror or Commonwealth official or Commonwealth consultant. Each proposal page should be numbered for ease of reference. An official authorized to bind the Offeror to its provisions must sign the proposal. If the official signs the Proposal Cover Sheet (Appendix A to this RFP) and the Proposal Cover Sheet is attached to the Offeror’s proposal, the requirement will be met. For this RFP, the proposal must remain valid for 120 days or until a contract is fully executed. If the Issuing Office selects the Offeror’s proposal for award, the contents of the selected Offeror’s proposal http://www.dgsweb.state.pa.us/RTA/Search.aspx� will become, except to the extent the contents are changed through Best and Final Offers or negotiations, contractual obligations.

Each Offeror submitting a proposal specifically waives any right to withdraw or modify it, except that the Offeror may withdraw its proposal by written notice received at the Issuing Office’s address for proposal delivery prior to the exact hour and date specified for proposal receipt. An Offeror or its authorized representative may withdraw its proposal in person prior to the exact hour and date set for proposal receipt, provided the withdrawing person provides appropriate identification and signs a receipt for the proposal. An Offeror may modify its submitted proposal prior to the exact hour and date set for proposal receipt only by submitting a new sealed proposal or sealed modification which complies with the RFP requirements.

I-13. Disadvantaged Business Information. The Issuing Office encourages participation by small disadvantaged businesses as prime contractors, joint ventures and subcontractors/suppliers and by socially disadvantaged businesses as prime contractors.

Small Disadvantaged Businesses are small businesses that are owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages. The term includes:

A. Department of General Services Bureau of Minority and Women Business Opportunities (BMWBO)-certified minority business enterprises (MBEs) and women business enterprises (WBEs) that qualify as small businesses; and

B. United States Small Business Administration certified 8(a) small disadvantaged business concerns.

Small businesses are businesses in the United States which are independently owned, are not dominant in their field of operation, employ no more than 100 full-time or full-time equivalent employees, and earn less than $20 million in gross annual revenues ($25 million in gross annual revenues for those businesses in the information technology sales or service business).

Socially disadvantaged businesses are businesses in the United States that BMWBO determines are owned or controlled by a majority of persons, not limited to members of minority groups, who are subject to racial or ethnic prejudice or cultural bias, but which do not qualify as small businesses. In order for a business to qualify as “socially disadvantaged,” the offeror must include in its proposal clear and convincing evidence to establish that the business has personally suffered racial or ethnic prejudice or cultural bias stemming from the business person’s color, ethnic origin or gender.

Questions regarding this Program can be directed to:

Department of General Services Bureau of Minority and Women Business Opportunities Room 611, North Office Building Harrisburg, PA 17125

Phone: (717) 783-3119 Fax: (717) 787-7052 Email: gs-bmwbo@state.pa.us

Website: www.dgs.state.pa.us

A database of BMWBO-certified minority- and women-owned businesses can be accessed at http://www.dgsweb.state.pa.us/mbewbe/VendorSearch.aspx. The federal vendor database can be accessed at http://www.ccr.gov by clicking on Dynamic Small Business Search (certified companies are so indicated).

I-14. Information Concerning Small Businesses in Enterprise Zones. The Issuing Office encourages participation by small businesses, whose primary or headquarters facility is physically located in areas the Commonwealth has identified as Designated Enterprise Zones, as prime contractors, joint ventures and subcontractors/suppliers.

The definition of headquarters includes, but is not limited to, an office or location that is the administrative center of a business or enterprise where most of the important functions of the business are conducted or concentrated and location where employees are conducting the business of the company on a regular and routine basis so as to contribute to the economic development of the geographical area in which the office or business is geographically located.

Small businesses are businesses in the United States which are independently owned, are not dominant in their field of operation, employ no more than 100 full-time or full-time equivalent employees, and earn less than $20 million in gross annual revenues ($25 million in gross annual revenues for those businesses in the information technology sales or service business).

There is no database or directory of small businesses located in Designated Enterprise Zones.

Information on the location of Designated Enterprise Zones can be obtained by contacting:

Aldona M. Kartorie Center for Community Building PA Department of Community and Economic Development 4th Floor, Commonwealth Keystone Building 400 North Street Harrisburg, PA 17120-0225 Phone: (717) 720-7409 Fax: (717) 787-4088 Email: akartorie@state.pa.us

I-15. Economy of Preparation. Offerors should prepare proposals simply and economically, providing a straightforward, concise description of the Offeror’s ability to meet the requirements of the RFP.

I-16. Alternate Proposals. The Issuing Office has identified the basic approach to meeting its requirements, allowing Offerors to be creative and propose their best solution to meeting the requirements of Lots 1 and 2. The Issuing Office will not accept alternate proposals.

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I-17. Discussions for Clarification. Offerors may be required to make an oral or written clarification of their proposals to the Issuing Office to ensure thorough mutual understanding and Offeror responsiveness to the solicitation requirements. The Issuing Office will initiate requests for clarification. Clarifications may occur at any stage of the evaluation and selection process prior to contract execution.

I-18. Oral Presentations. Offerors will be required to present a live demonstration of their Electronic Medical Record system. Offerors will be limited to two hours for their live demonstrations. The Issuing Officer will schedule the demonstrations.

I-19. Prime Contractor Responsibilities. The contract will require the selected Offeror to assume responsibility for all services offered in its proposal whether it produces them itself or by subcontract. The Issuing Office will consider the selected Offeror to be the sole point of contact with regard to contractual matters.

I-20. Proposal Contents.

A. Confidential Information. The Commonwealth is not requesting, and does not require, confidential proprietary information or trade secrets to be included as part of Offerors’ submissions in order to evaluate proposals submitted in response to this RFP.

Accordingly, except as provided herein, Offerors should not label proposal submissions as confidential or proprietary or trade secret protected. Any Offeror who determines that it must divulge such information as part of its proposal must submit the signed written statement described in subsection c. below and must additionally provide a redacted version of its proposal, which removes only the confidential proprietary information and trade secrets, for required public disclosure purposes.

B. Commonwealth Use. All material submitted with the proposal shall be considered the property of the Commonwealth of Pennsylvania and may be returned only at the Issuing Office’s option. The Commonwealth has the right to use any or all ideas not protected by intellectual property rights that are presented in any proposal regardless of whether the proposal becomes part of a contract. Notwithstanding any Offeror copyright designations contained on proposals, the Commonwealth shall have the right to make copies and distribute proposals internally and to comply with public record or other disclosure requirements under the provisions of any Commonwealth or United States statute or regulation, or rule or order of any court of competent jurisdiction.

C. Public Disclosure. After the award of a contract pursuant to this RFP, all proposal submissions are subject to disclosure in response to a request for public records made under the Pennsylvania Right-to-Know-Law, 65 P.S. § 67.101, et seq. If a proposal submission contains confidential proprietary information or trade secrets, a signed written statement to this effect must be provided with the submission in accordance with 65 P.S.

§ 67.707(b) for the information to be considered exempt under 65 P.S. § 67.708(b)(11) from public records requests. Financial capability information submitted in response to Part II, Section II-7 of this RFP is exempt from public records disclosure under 65 P.S. § 67.708(b)(26).

I-21. Best and Final Offers.

A. While not required, the Issuing Office reserves the right to conduct discussions with Offerors for the purpose of obtaining “best and final offers.” To obtain best and final offers from Offerors, the Issuing Office may do one or more of the following, in any combination and order:

1) Schedule oral presentations;

2) Request revised proposals;

3) Conduct a reverse online auction; and

4) Enter into pre-selection negotiations.

B. The following Offerors will not be invited by the Issuing Office to submit a Best and

Final Offer:

1) Those Offerors which the Issuing Office has determined to be not responsible or whose proposals the Issuing Office has determined to be not responsive.

2) Those Offerors which the Issuing Office has determined in accordance with Part

III, Section III-5, from the submitted and gathered financial and other information do not possess the financial capability, experience or qualifications to assure good faith performance of the contract.

3) Those Offerors whose score for their technical submittal of the proposal is less than 70% of the total amount of technical points allotted to the technical criterion.

The Issuing Office may further limit participation in the best and final offers process to those remaining responsible offerors which the Issuing Office has, within its discretion, determined to be within the top competitive range of responsive proposals.

C. The Evaluation Criteria found in Part III, Section III-4, shall also be used to evaluate the Best and Final offers.

D. Price reductions offered through any reverse online auction shall have no effect upon the

Offeror’s Technical Submittal. Dollar commitments to Disadvantaged Businesses and Enterprise Zone Small Businesses can be reduced only in the same percentage as the percent reduction in the total price offered through any reverse online auction or negotiations.

I-22. News Releases. Offerors shall not issue news releases, Internet postings, advertisements or any other public communications pertaining to this Project without prior written approval of the Issuing Office, and then only in coordination with the Issuing Office.

I-23. Restriction of Contact. From the issue date of this RFP until the Issuing Office selects a proposal for award, the Issuing Officer is the sole point of contact concerning this RFP. Any violation of this condition may be cause for the Issuing Office to reject the offending Offeror’s proposal. If the Issuing Office later discovers that the Offeror has engaged in any violations of this condition, the Issuing Office may reject the offending Offeror’s proposal or rescind its contract award. Offerors must agree not to distribute any part of their proposals beyond the Issuing Office. An Offeror who shares information contained in its proposal with other Commonwealth personnel and/or competing Offeror personnel may be disqualified.

I-24. Issuing Office Participation. Offerors shall provide all services, supplies, and other support necessary to complete the identified work, except as otherwise specified in Part IV-4, Section Z, Part IV-5, Section B.7, and as provided in Appendix I, DOC & Vendor Responsibility for Procuring Supplies.

I-25. Term of Contract. The term of the contract will commence on the Effective Date and will end five (5) years after the effective date. The Commonwealth shall have the option to renew the contract for five (5) additional 1-year renewal terms. The Issuing Office will fix the Effective Date after the contract has been fully executed by the selected Offeror and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained. The selected Offeror shall not start the performance of any work prior to the Effective Date of the contract and the Commonwealth shall not be liable to pay the selected Offeror for any service or work performed or expenses incurred before the Effective Date of the contract.

I-26. Offeror’s Representations and Authorizations. By submitting its proposal, each Offeror understands, represents, and acknowledges that:

A. All of the Offeror’s information and representations in the proposal are material and important, and the Issuing Office may rely upon the contents of the proposal in awarding the contract(s). The Commonwealth shall treat any misstatement, omission or misrepresentation as fraudulent concealment of the true facts relating to the Proposal submission, punishable pursuant to 18 Pa. C.S. § 4904.

B. The Offeror has arrived at the price(s) and amounts in its proposal independently and without consultation, communication, or agreement with any other Offeror or potential offeror.

C. The Offeror has not disclosed the price(s), the amount of the proposal, nor the approximate price(s) or amount(s) of its proposal to any other firm or person who is an Offeror or potential offeror for this RFP, and the Offeror shall not disclose any of these items on or before the proposal submission deadline specified in the Calendar of Events of this RFP.

D. The Offeror has not attempted, nor will it attempt, to induce any firm or person to refrain from submitting a proposal on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal.

E. The Offeror makes its proposal in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal.

F. To the best knowledge of the person signing the proposal for the Offeror, the Offeror, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding or proposing on any public contract, except as the Offeror has disclosed in its proposal.

G. To the best of the knowledge of the person signing the proposal for the Offeror and except as the Offeror has otherwise disclosed in its proposal, the Offeror has no outstanding, delinquent obligations to the Commonwealth including, but not limited to, any state tax liability not being contested on appeal or other obligation of the Offeror that is owed to the Commonwealth.

H. The Offeror is not currently under suspension or debarment by the Commonwealth, any other state or the federal government, and if the Offeror cannot so certify, then it shall submit along with its proposal a written explanation of why it cannot make such certification.

I. The Offeror has not made, under separate contract with the Issuing Office, any recommendations to the Issuing Office concerning the need for the services described in its proposal or the specifications for the services described in the proposal.

J. Each Offeror, by submitting its proposal, authorizes Commonwealth agencies to release to the Commonwealth information concerning the Offeror's Pennsylvania taxes, unemployment compensation and workers’ compensation liabilities.

K. Until the selected Offeror receives a fully executed and approved written contract from the Issuing Office, there is no legal and valid contract, in law or in equity, and the Offeror shall not begin to perform.

I-27. Notification of Selection.

A. Contract Negotiations. The Issuing Office will notify all Offerors in writing of the

Offeror selected for contract negotiations after the Issuing Office has determined, taking into consideration all of the evaluation factors, the proposal that is the most advantageous to the Issuing Office.

B. Award. Offerors whose proposals are not selected will be notified when contract negotiations have been successfully completed and the Issuing Office has received the final negotiated contract signed by the selected Offeror.

I-28. Debriefing Conferences. Upon notification of award, Offerors whose proposals were not selected will be given the opportunity to be debriefed. The Issuing Office will schedule the debriefing at a mutually agreeable time. The debriefing will not compare the Offeror with other Offerors, other than the position of the Offeror’s proposal in relation to all other Offeror proposals. An Offeror’s exercise of the opportunity to be debriefed does not constitute nor toll the time for filing a protest (See Section I-28 of this RFP).

I-29. RFP Protest Procedure. The RFP Protest Procedure is on the DGS website at http://www.dgsweb.state.pa.us/comod/ProtestProcedures.doc. A protest by a party not submitting a proposal must be filed within seven days after the protesting party knew or should have known of the facts giving rise to the protest, but no later than the proposal submission deadline specified in the Calendar of Events of the RFP. Offerors may file a protest within seven days after the protesting Offeror knew or should have known of the facts giving rise to the protest, but in no event may an Offeror file a protest later than seven days after the date the notice of award of the contract is posted on the DGS website. The date of filing is the date of receipt of the protest. A protest must be filed in writing with the Issuing Office.

I-30. Use of Electronic Versions of this RFP. This RFP is being made available by electronic means. If an Offeror electronically accepts the RFP, the Offeror acknowledges and accepts full responsibility to insure that no changes are made to the RFP. In the event of a conflict between a version of the RFP in the Offeror’s possession and the Issuing Office’s version of the RFP, the Issuing Office’s version shall govern.

I-31. Information Technology Bulletins. This RFP is subject to the Information Technology Bulletins (ITB’s) issued by the Office of Administration, Office for Information Technology (OA-OIT). ITB’s may be found at:

http://www.portal.state.pa.us/portal/server.pt?open=512&objID=416&PageID=210791&mode=2

All proposals must be submitted on the basis that all ITB’s are applicable to this procurement. It is the responsibility of the Offeror to read and be familiar with the ITB’s. Notwithstanding the foregoing, if the Offeror believes that any ITB is not applicable to this procurement, it must list all such ITB’s in its technical response, and explain why it believes the ITB is not applicable.

The Issuing Office may, in its sole discretion, accept or reject any request that an ITB not be considered to be applicable to the procurement. The Offeror’s failure to list an ITB will result in its waiving its right to do so later, unless the Issuing Office, in its sole discretion, determines that it would be in the best interest of the Commonwealth to waive the pertinent ITBs.

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PART II

PROPOSAL REQUIREMENTS

Offerors must submit their proposals in the format, including heading descriptions, outlined below for each Lot. To be considered, the proposal must respond to all requirements in this part of the RFP. Offerors should provide any other information thought to be relevant, but not applicable to the enumerated categories, as an appendix to the Proposal. All cost data relating to this proposal and all Disadvantaged Business cost data should be kept separate from and not included in the Technical Submittal. Each Proposal shall consist of the following three separately sealed submittals for each Lot:

A. Technical Submittal, which shall be a response to RFP Part II, Sections II-1 through II-8; Technical Questionnaire; and Electronic Medical Record Requirements and Questionnaire.

B. Disadvantaged Business Submittal, in response to RFP Part II, Section II-9; and

C. Cost Submittal, in response to RFP Part II, Section II-10.

The Issuing Office reserves the right to request additional information which, in the Issuing Office’s opinion, is necessary to assure that the Offeror’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the RFP.

The Issuing Office may make investigations as deemed necessary to determine the ability of the Offeror to perform the Project, and the Offeror shall furnish to the Issuing Office all requested information and data. The Issuing Office reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Offeror fails to satisfy the Issuing Office that such Offeror is properly qualified to carry out the obligations of the RFP and to complete the Project as specified.

II-1. Statement of the Problem. State in succinct terms your understanding of the problem presented or the service required by this RFP.

II-2. Management Summary. Include a narrative description of the proposed effort and a list of the items to be delivered or services to be provided.

II-3. Work Plan. Describe in narrative form your technical plan for accomplishing the work.

Use the task descriptions in Part IV of this RFP as your reference point. Modifications of the task descriptions are permitted; however, reasons for changes should be fully explained. Indicate the number of person hours allocated to each task. Include a Program Evaluation and Review Technique (PERT) or similar type display, time related, showing each event. If more than one approach is apparent, comment on why you chose this approach.

II-4. Prior Experience. Include experience in correctional Health Care Services. Please list up to five contracts, in which your company is presently under contract as the prime contractor to provide comprehensive medical services (as requested in this RFP) in a correctional setting. The list of contracts should include the name, title, phone number and email address of a contact person. Offeror shall include the contract duration, contract value, inmate population served;

specify federal, State, County, detention/Booking experience; summarize the services offered;

specify types of services (staffing only; full medical services; full medical, dental, mental health, pharmacy services; utilization review, and consulting); indicate contracts that utilized performance based outcomes; researches based best practices; indicate any contracts using Electronic Health Records; and list any additional experiences that Offerors would like the Department to consider.

Offeror shall include a listing of all Correctional Medical contracts since 2000, specifying the following: the other party to the contract; the contract value; the inmate population served; and the name, title, address, phone number and email address of the responsible official of the customer, company, or agency who may be contacted.

The Offeror must provide a list of any contracts with any entity, public or private that have been terminated, for convenience or cause, within the past ten years. Terminated contracts for convenience include contracts with renewal options when an available option was not exercised by the contracting entity. Include the following: The contracting entity; the nature of the contract; the value of the contract; the intended original term of the contract; at what stage of the contract it was terminated; the reason for the termination; the name, title, address, phone number and email address of the responsible official of the customer, company, or agency who may be contacted for verification of the provided information, or for additional information.

II-5. Personnel. Include the number of executive and health care professional personnel, including, but not limited to, physicians, certified registered nurse practitioners (CRNP), physician assistants, registered and licensed practical nurses, medical records, analysts, auditors, researchers, programmers, consultants, who will be engaged in the work Show where these personnel will be physically located during the time they are engaged in the Project. The Offeror should provide a table of organization detailing statewide contract management organization which would include executive staff and regional staff. The Offeror should include education and experience in correctional health care services for the central and regional management team. For key personnel such as the State Medical Director and Physician Medical Directors, include the employee’s name and, through a resume or similar document, the Project personnel’s education and experience in correctional Health Care Services. Indicate the responsibilities each individual will have in this Project and how long each has been with your company.

The DOC requires the Offeror to designate a State Medical Director who will serve as the point of contact, be responsible for, and have the authority to resolve, issues that affect multiple institutions. The State Medical Director will oversee all clinical activity under this Contract.

The functions of the State Medical Director shall include participation in the Continuous Quality Improvement program, participation in Pharmacy & Therapeutic Meetings and formulary management, consultation on policies and procedures, formulation of cost savings initiatives, and provide analysis of data to identify trends and potential issues. The individual assigned to this position may not be replaced by the selected Offeror without the written consent of the DOC.

The State Medical Director will collaborate with the Bureau of Health Care Services (BHCS) Chief of Clinical Services in administering health care policies and clinical guidelines.

The Offeror must designate a physician Medical Director at each institution. Administrative functions include, but are not limited to: supervising other health care providers and specialty health care clinics; conducting weekly status meetings with the Corrections Health Care Administrators (CHCAs); developing, implementing, and updating local medical protocols;

monitoring quality improvement, utilization review activities following DOC clinical guidelines;

consulting with Department staff on specific treatments and overall care; participating in health care review meetings, and similar functions.

Clinical Services also include providing inmate health care services as outlined in this RFP.

Identify by name any subcontractors, partners, and suppliers you intend to use and describe in detail the roles and responsibilities of each. Provide resumes for all key subcontractors and describe their experience and qualifications to perform the services described in this RFP.

Please note: Offerors may not utilize subcontractors for personnel (agencies for primary nursing staff, physicians, physician assistants, and medical records) or utilization review services. All subcontractors must be approved by both the Department of General Services and the Department of Corrections when substituting or adding new subcontractors.

In the case of a joint venture, a description of the correctional experience for all venture partners and a copy of the agreement signed by all parties must be provided in the technical submission.

II-6. Training. Provide information on all the training to be provided under this contract.

Explain how your company will train the offeror’s staff, and per diem staff. at the twenty-seven institutions in utilizing this contract. Include the personnel to be trained, the number to be trained, duration of the program, place of the training, curricula, training materials to be used, number and frequency of sessions, and number and level of instructors. Identify any training that you will make available to DOC staff.

II-7. Financial Capability. Describe your company’s financial stability and economic capability to perform the contract requirements. Provide your company’s financial statements for the past three fiscal years. If your company is a publicly traded company, please provide a link to your financial records on your company website; otherwise, provide three (3) years of your company’s financial documents such as audited financial statements or recent tax returns.

Financial statements must include the company’s Balance Sheet and Income Statement or Profit/Loss Statements. Also include a Dun & Bradstreet comprehensive report if available. The Commonwealth reserves the right to request additional information it deems necessary to evaluate an Offeror’s financial capability.

II-8. Objections and Additions to Standard Contract Terms and Conditions. The Offeror will identify which, if any, of the terms and conditions (contained in Part V) it would like to negotiate and what additional terms and conditions the Offeror would like to add to the standard contract terms and conditions. The Offeror’s failure to make a submission under this paragraph will result in its waiving its right to do so later, but the Issuing Office may consider late objections and requests for additions if to do so, in the Issuing Office’s sole discretion, would be in the best interest of the Commonwealth. The Issuing Office may, in its sole discretion, accept or reject any requested changes to the standard contract terms and conditions. The Offeror shall not request changes to the other provisions of the RFP, nor shall the Offeror request to completely substitute its own terms and conditions for Part V. All terms and conditions must appear in one integrated contract. The Issuing Office will not accept references to the Offeror’s, or any other, online guides or online terms and conditions contained in any proposal.

Regardless of any objections set out in its proposal, the Offeror must submit its proposal, including the cost proposal, on the basis of the terms and conditions set out in Part V. The Issuing Office will reject any proposal that is conditioned on the negotiation of the terms and conditions set out in Part V or to other provisions of the RFP as specifically identified above.

II-9. Disadvantaged Business Submittal.

A. Disadvantaged Business Information.

1) To receive credit for being a Small Disadvantaged Business or a Socially

Disadvantaged Business or for entering into a joint venture agreement with a Small Disadvantaged Business or for subcontracting with a Small Disadvantaged Business (including purchasing supplies and/or services through a purchase agreement), a Offeror must include proof of Disadvantaged Business qualification in the Disadvantaged Business Submittal of the proposal, as indicated below:

a) A Small Disadvantaged Businesses certified by BMWBO as an MBE/WBE must provide a photocopy of their BMWBO certificate.

b) Businesses certified by the U.S. Small Business Administration pursuant to Section 8(a) of the Small Business Act (15 U.S.C. § 636(a)) as an 8(a) Small Disadvantaged Businesses must submit proof of U.S. Small Business Administration certification. The owners of such businesses must also submit proof of United States citizenship.

c) All businesses claiming Small Disadvantaged Business status, whether as a result of BMWBO certification, or U.S. Small Business Administration certification as an 8(a) small disadvantaged business, must attest to the fact that the business has no more than 100 full-time or full-time equivalent employees.

d) All businesses claiming Small Disadvantaged Business status, whether as a result of BMWBO certification, or U.S. Small Business Administration certification as an 8(a) small disadvantaged business, must submit proof that their gross annual revenues are less than $20,000,000 ($25,000,000 for those businesses in the information technology sales or service business). This can be accomplished by including a recent tax return or audited financial statement.

2) All businesses claiming status as a Socially Disadvantaged Business must include in the Disadvantaged Business Submittal of the proposal clear and convincing evidence to establish that the business has personally suffered racial or ethnic prejudice or cultural bias stemming from the business person’s color, ethnic origin or gender. The submitted evidence of prejudice or bias must:

a) Be rooted in treatment that the business person has experienced in

American society, not in other countries.

b) Show prejudice or bias that is chronic and substantial, not fleeting or insignificant.

c) Indicate that the business person’s experience with the racial or ethnic prejudice or cultural bias has negatively impacted his or her entry into and/or advancement in the business world.

BMWBO shall determine whether the Offeror has established that a business is socially disadvantaged by clear and convincing evidence.

3) In addition to the above verifications, the Offeror must include in the

Disadvantaged Business Submittal of the proposal the following information:

a) Those Small Disadvantaged Businesses submitting a proposal as the Offeror, must include a numerical percentage which represents the total percentage of the work (as a percentage of the total cost in the Cost Submittal) to be performed by the Offeror and not by subcontractors and suppliers.

b) Those Small Disadvantaged Businesses submitting a proposal as a part of a joint venture partnership, must include a numerical percentage which represents the total percentage of the work (as a percentage of the total cost in the Cost Submittal) to be performed by the Small Disadvantaged Business joint venture partner and not by subcontractors and suppliers or by joint venture partners who are not Small Disadvantaged Businesses.

Offeror must also provide:

i.) The amount of capital, if any, each Small Disadvantaged Business joint venture partner will be expected to provide.

ii.) A copy of the joint venture agreement signed by all parties.

iii.) The business name, address, name and telephone number of the primary contact person for the Small Disadvantaged Business joint venture partner.

c) All Offerors must include a numerical percentage which represents the total percentage of the total cost in the Cost Submittal that the Offeror commits to paying to Small Disadvantaged Businesses as subcontractors.

To support its total percentage DB subcontractor commitment, Offeror must also include:

i.) The dollar amount of each subcontract commitment to a Small Disadvantaged Business;

ii.) The name of each Small Disadvantaged Business. The Offeror will not receive credit for stating that after the contract is awarded it will find a Small Disadvantaged Business.

iii.) The services or supplies each Small Disadvantaged Business will provide, including the timeframe for providing the services or supplies.

iv.) The location where each Small Disadvantaged Business will perform services.

v.) The timeframe for each Small Disadvantaged Business to provide or deliver the goods or services.

vi.) A signed subcontract or letter of intent for each Small Disadvantaged Business. The subcontract or letter of intent must identify the specific work, goods or services the Small Disadvantaged Business will perform and how the work, goods or services relates to the project.

vii.) The name, address and telephone number of the primary contact person for each Small Disadvantaged Business.

d) The total percentages and each subcontractor commitment will become contractual obligations once the contract is fully executed.

e) The name and telephone number of the Offeror’s project (contact) person for the Small Disadvantaged Business information.

4) The Offeror shall provide separate sealed Disadvantaged Business Submittals for each Lot of the RFP. The Offeror is required to submit two copies of its Disadvantaged Business Submittal for each Lot.