rfp-dds-2025-1.pdf

STATE OF NEW HAMPSHIRE

DEPARTMENT OF EDUCATION

Disability Determination Service

21 S. Fruit St., Suite 30

Concord, NH 03301

Medical Consultant Staffing Service

RFP DDS-2025-1 Staffing Service

TABLE OF CONTENTS

SECTION 1 - Overview and Scheduled 3

SECTION 2 – Requirements and Scope of Work 4

SECTION 3 – Contract Terms and Conditions 6

SECTION 4 – Request for Proposal Process 6

SECTION 5 – RFP Terms and Conditions 7

SECTION 6 – Evaluation of Proposals 10

SECTION 7 – Process for submitting a Proposal 13

SECTION 8 – Proposal Content and Requirements 13

APPENDIX A – Standard Terms and Conditions of the State of New Hampshire (Form P-37) 15

SECTION 1 – Overview and Schedule

A. Goal of this procurement/Business needs:

This Request for Proposals (RFP) is published to solicit proposals from Staffing Agencies (hereafter referred to as “Vendors”) to secure contracted Licensed Medical Consultants (“Staff”) to support the NH Department of

Education, Disability Determination Service (DDS).

Per Federal Regulation 20 CFR 404.1620 provides that: "The State will provide medical and psychological consultant service... sufficient to ensure that disability determinations are made accurately and promptly."

The New Hampshire Disability Determination Service will be referred to as NH DDS or DDS throughout this Request For Proposal. The NH DDS is a 100% Federally Funded program. The mission of the NH

DDS is to adjudicate claims filed for Social Security Disability Insurance and/or Supplement Security

Income Disability benefits in an accurate and timely manner for the citizens of New Hampshire.

Preference will be given to vendors who can provide Staff with Licensed Medical Doctors and/or Licensed

Psychologists.

The resulting contract will be Firm Fixed Price/Not to Exceed for the term of (2) years from the date of approval of the Governor and Executive Council. The contract term may be extended by an additional term of X years at the sole option of the Agency, subject to the parties’ prior written agreement and required governmental approvals including Governor and Executive Council.

B. Schedule

The following table provides a Schedule of Events for this RFP through contract finalization and approval. The

Agency reserves the right to amend this Schedule at its sole discretion and at any time through a published

Addendum.

EVENT DATE LOCAL

TIME

RFP Released (Advertisement) 02/19/2025 8:00 AM

Vendor Inquiry Period Ends 02/25/2025 3:30 PM

Final Agency Responses to Inquiries 02/27/2025 3:30 PM

Proposal Due 03/05/2025 3:30 PM

Estimated Notification of Selection 03/07/2025

C. Description of Agency or Program issuing the Request for Proposals

This Request for Proposals (RFP) is published to solicit proposals from Staffing Agencies (hereafter referred to as “Vendors”) to secure contracted Licensed Medical Consultants (“Staff”) to support the NH Department of Education, Disability Determination Service (DDS).

Per Federal Regulation 20 CFR 404.1620 provides that: "The State will provide medical and psychological consultant service... sufficient to ensure that disability determinations are made accurately and promptly."

The New Hampshire Disability Determination Service will be referred to as NH DDS or DDS throughout this Request for Proposal. The NH DDS is a 100% Federally Funded program. The mission of the NH DDS is to adjudicate claims filed for Social Security Disability Insurance and/or Supplement Security Income Disability benefits in an accurate and timely manner for the citizens of New Hampshire.

Preference will be given to vendors who can provide Staff with Licensed Medical Doctors and/or Licensed Psychologists.SA manages two programs that provide benefits based on disability or blindness, the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) disability program. Title II of the Social Security Act (Act) authorizes SSDI benefits, and title XVI of the Act authorizes SSI disability benefits payments.

DDS makes disability determinations for SSA. DDS is responsible for developing medical evidence and making initial disability determinations, initial disability reconsideration determinations, continuing disability review or continuing disability review reconsiderations on whether or not a claimant is disabled or blind or continues to be disabled or blind under the Social Security Act.

For the federal fiscal year ending September 30, 2024, DDS performed over 13,700 adjudications by 12

NH contract qualified medical professionals. The average adjudication takes .75 hours. In this RFP, “Agency” means the Disability Determination Service. "Vendor" means a person or entity who offers products or services for sale. "Selected vendor" means the qualified Bidder which has been identified by the Agency as having received the best score for its proposal according to the criteria set forth in this RFP.

C. Vendor Instructions

Interested vendors must read the entire RFP and submit the required documents in the manner specified in the

RFP. Vendors are responsible for reviewing the most updated information related to this RFP before submitting proposals.

SECTION 2 – Requirements and Scope of Work

Mandatory Requirements and Scope of Work:

The selected Vendors must hire and maintain properly licensed Staff, and ensure the Medical Consultant

Professionals performing services under this Agreement possess:

• Valid NH Medical or Psychological license.

• Professional references.

• Copy of Curriculum Vitae.

• Completed Homeland Security Presidential Directive 12 (HSPD 12) Forms, which include Federal

Credit Check, Criminal Background Check and Fingerprinting.

• The selected Vendors must ensure that the Medical Consultants hired meet all applicable federal and state laws, regulations, and/or accreditation standards to be presented to facility administration upon request.

The selected Vendors must hire Medical Consultant Staff who have demonstrated skills and experience with, and are capable of duties that include, but are not limited to:

• Apply medical specialty knowledge in evaluation of disability cases for all age ranges.

• Review and analyzes medical evidence to determine impairment severity and remaining physical and mental functional capacity

• Prepares a detailed written medical analysis of the facts of the disability case including the total effect of the impairment(s), including those that are not severe.

• Recommends the need for medical tests, evaluations or consultative examinations in the fields of medicine, psychology, psychiatry or other specialties.

• Consults with internal and external professionals or contacts providers, including physicians and psychologists, to address highly complex issues or to resolve conflicts in evidence.

• Assisting examiners in medical training to ensure uniform understanding of instructions containing medical content, as well as assisting in complex case development.

The selected Vendors must hire Chief Medical Consultant Staff who have demonstrated skills and experience with, and are capable of duties that include, but are not limited to:

• Demonstrated ability in the application of SSA disability program regulations and possess significant

SSA disability program knowledge and experience.

• Assist in the selection of DDS Staff medical or psychological consultants and Consultative Examination

Providers. Supervise and assist in the training of staff medical or psychological consultants.

• Conduct qualitative reviews of consultative examination reports and request corrective action from the consultative examination provider as needed.

• Coordinate with the Professional Relations Officer to conduct routine quality analysis of consultative examination reports in order to ensure exam report standards continue to be met. Provide feedback to consultative providers as necessary.

• Recommends the need for medical tests, evaluations or consultative examinations in the fields of medicine, psychology or other specialties. Act as ordering physician to obtain hospital testing as required.

• Review and analyze medical evidence to determine impairment severity and remaining physical or mental functional capacity for routine, highly complex, or specialized workloads, as defined by the SSA

Program Operations Manual.

• Mentoring and/or training examiners in medical or psychological content to ensure uniform understanding in the disability program standards.

The selected Vendors must ensure all Staff attend a minimum of eight (8) hours of orientation that includes, but is not limited to:

• Client confidentiality.

• Medical Listings, medical records and other documentation practices and computer training.

• Security Awareness, Personal Identifiable Information (PII) Loss and Fraud Training.

• The selected Vendors must make a reasonable effort to accommodate Staffing requests for specific individual Medical Consultants and Chief Medical Consultants.

• The selected Vendors must pay all Staff wages, which includes payments of federal and state taxes.

• The selected Vendors’ Staffing Services for each Medical Professional provided must be a minimum of a twenty-six (26) week period (Staffing Period), without a gap in delivered services for the Staffing

Period unless otherwise mutually agreed upon in writing.

• The selected Vendors may provide replacement or additional Staffing for the contract period, once DDS interviews Staff person and SSA allows for an “Offer To Hire” after HSPD 12 eligibility.

• The selected Vendor must provide alternative Staffing, verbally and in writing, to DDS who may, at its discretion, choose to accept the Vendor’s alternative Staffing, in the event the Vendor is unable to fulfill replacement Staffing.

• The selected Vendors must notify Staff that they will be supervision by a DDS-employed Administrator.

• The selected Vendors must accept Department verbal and written notification of the Department’s request to cancel Staffing Services a minimum of two (2) hours prior to the start of the shift for which

Staff are scheduled to work.

• The selected Vendors must accept immediate verbal and written notification from the Department of any

Staffing dismissal from DDS with or without cause, which provides reasonable detail of the reason(s) for the dismissal, if applicable, which will result in compensation for all hours worked prior to dismissal.

• The selected Vendors must have the ability and a procedure to immediately receive notification from the Department of any unexpected incident known to involve Staff including, but not limited to errors, safety hazards, or injury.

SECTION 3 -- Contract Terms and Conditions

A. Non-Exclusive Contract

Any resulting Contract from this RFP will be a non-exclusive Contract. The Agency reserves the right, at its discretion, to retain other contractors to provide any of the services or deliverables identified in this RFP or make an award by item, part or portion of an item, group of items, or total Proposal.

B. Award

If the Agency decides to award a contract as a result of this RFP process, any award is contingent upon approval of the contract by the Governor and Executive Council of the State of New Hampshire and upon continued appropriation of funding for the contract.

C. Standard Contract Terms

The Agency will require the selected vendor to execute a contract using the Standard Terms and Conditions of the State of New Hampshire (Form P-37) which is attached as Appendix A. In no event is a vendor to submit its own standard contract terms and conditions as a replacement for the State’s terms in response to this solicitation.

The terms of this RFP and the selected vendor’s Proposal will be used to form the terms of any resulting contract. The resulting contract may incorporate some or all of the selected vendor’s Proposal. References in the P-37 to Exhibits A, B and C are references to the required structure of any resulting contract (Exhibit A –

Special Provisions/Amendments to the P-37, Exhibit B – Scope of Services, and Exhibit C – Payment Terms) and are not references to sections of this RFP.

To the extent that a vendor believes that exceptions to the contract terms in Appendix A will be necessary for the vendor to enter into the contract, the vendor must note those issues during the Vendor Inquiry Period, as further described Section 4B.

SECTION 4 –Request for Proposal Process

A. Agency Point of Contact/Restriction of Contact with Agency Employees

The sole point of contact for this RFP, from the RFP issue date until the approval of the resulting contract by the

Governor and Executive Council is:

Cheryl Hobart cheryl.hobart@ssa.gov

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

B. Vendor Inquiries

All inquiries concerning this RFP, including but not limited to, requests for clarifications, questions, any changes to the RFP, and any exceptions to the contract terms in Appendix A, including the Form P-37, shall be submitted via email to the Agency Point of Contact specified above. Inquiries must be received by the end of vendor inquiry period (see Schedule of Events herein).

The vendor must identify the RFP name and the number and include the vendor’s name, telephone number, and e-mail address.

The Agency will issue responses to properly submitted inquiries on or before the date specified in the Schedule of Events; however, this date is subject to change at the Agency’s discretion. The Agency may consolidate and/or paraphrase questions for sufficiency and clarity. The Agency may, at its discretion, amend this RFP on its own initiative or in response to issues raised by inquiries, as it deems appropriate. In response to requested exceptions to P37, the Agency will review requested exceptions and accept, reject or note that it is open to negotiation of the proposed exception at its sole discretion. Questions about or requested exceptions to the RFP, Form P-37 and/or any relevant attachments not raised during the inquiry period are waived.

Oral statements, representations, clarifications, or modifications concerning the RFP shall not be binding upon the Agency. Official responses by the Agency will be made only in writing by the process described above.

Vendors shall be responsible for reviewing the most updated information related to this RFP before submitting a proposal.

SECTION 5 – RFP Terms and Conditions

A. Debarment

Vendors who are ineligible to bid on proposals, bids or quotes issued by the Department of Administrative

Services, Division of Procurement and Support Services pursuant to the provisions of RSA 21-I:11-c shall not be considered eligible for an award under this RFP.

B. Proposal Preparation Cost

By submitting a proposal, a vendor agrees that in no event shall the Agency be either responsible for or held liable for any costs incurred by a vendor in the preparation of or in connection with the Proposal, or for work performed prior to the Effective Date of a resulting Contract.

C. Validity of Proposal

Proposals must be valid for one hundred and eighty (180) days following the deadline for submission of

Proposals in Schedule of Events, or until the Effective Date of any resulting Contract, whichever is later.

D. RFP Addendum

The Agency reserves the right to amend this RFP at its discretion, prior to the Proposal submission deadline. In the event of an addendum to this RFP, the Agency, at its sole discretion, may extend the Proposal submission deadline, as it deems appropriate.

E. Non-Collusion

The vendor’s signature on a Proposal submitted in response to this RFP guarantees that the prices, terms and conditions, and work quoted have been established without collusion with other Vendors and without effort to preclude the Agency from obtaining the best possible competitive Proposal.

F. Property of the Agency

All material received in response to this RFP shall become the property of the Agency and will not be returned to the vendor. Upon contract award, the Agency reserves the right to use any information presented in any

Proposal.

G. Proposal Confidentiality

Unless necessary for the approval of a contract, the substance of a proposal must remain confidential until the

Effective Date of any Contract resulting from this RFP. A vendor’s disclosure or distribution of Proposals other than to the Agency may be grounds for disqualification.

H. Public Disclosure

The information submitted in response to this RFP (including all materials submitted in connection with it, such as attachments, exhibits, addenda, and presentations), any resulting contract, and information provided during the contractual relationship may be subject to public disclosure under Right-to-Know law, including RSA 91-A.

In addition, in accordance with RSA 9-F:1, any contract entered into as a result of this RFP will be made accessible to the public online via the website Transparent NH (http://www.nh.gov/transparentnh/).

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

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

Pricing, which includes but is not limited to, the administrative costs and other performance guarantees in

Proposals or any subsequently awarded contract shall be subject to public disclosure regardless of whether it is marked as confidential.

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

By submitting a proposal, vendors acknowledge and agree that:

• The State may disclose any and all portions of the proposal or related materials which are not marked as confidential and/or which have not been specifically explained in the letter to the person identified as the point of contact for this RFP;

• The State is not obligated to comply with a vendor’s designations regarding confidentiality and must conduct an independent analysis to assess the confidentiality of the information submitted in your proposal; and

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

I. Electronic Posting of RFP Results and Resulting Contract

At the time of receipt of proposals, the Agency will post the number of responses received with no further information. No later than five (5) business days prior to submission of a contract to the Department of

Administrative Services, the Agency will post the ranks or scores of each responding vendor. In the event that the contract does not require Governor & Executive Council approval, the Agency will disclose the rank or score at least 5 business days before final approval of the contract.

Pursuant to RSA 91-A and RSA 9-F:1, the Secretary of State will post to the public any document submitted to

G&C for approval, including contracts resulting from this RFP, and posts those documents on its website

(https://sos.nh.gov/administration/miscellaneous/governor-executive-council/). By submitting a proposal, vendors acknowledge and agree that, in accordance with the above-mentioned statutes and policies, (and regardless of whether any specific request is made to view any document relating to this RFP), any contract resulting from this RFP that is submitted to G&C for approval will be made accessible to the public online.

J. Non-Commitment

Notwithstanding any other provision of this RFP, this RFP does not commit the Agency to award a contract.

The Agency reserves the right, at its sole discretion, to reject any and all proposals, or any portions thereof, at any time; to cancel this RFP; and to solicit new proposals under a new acquisition process.

K. Ethical Requirements

From the time this RFP is published until a contract is awarded, no vendor shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitutional official, or family member of any such official or employee who will or has selected, evaluated, or awarded an RFP, or similar submission. Any vendor that violates RSA 21-

G:38 shall be subject to prosecution for an offense under RSA 640:2. Any vendor who has been convicted of an offense based on conduct in violation of this section, which has not been annulled, or who is subject to a pending criminal charge for such an offense, shall be disqualified from bidding on the RFP, or similar request for submission and every such vendor shall be disqualified from bidding on any RFP or similar request for submission issued by any state agency. A vendor that was disqualified under this section because of a pending criminal charge which is subsequently dismissed, results in an acquittal, or is annulled, may notify the department of administrative services, which shall note that information on the list maintained on the state’s internal intranet system, except in the case of annulment, the information, shall be deleted from the list.

https://sos.nh.gov/administration/miscellaneous/governor-executive-council/

L. Challenges to Identification of Selected Vendor

Within 5 business days of the Agency’s posting of the rank or score on its website, vendors may, in accordance with RSA 21-G:37, request that the agency review its selection process. The request must be in writing and must specify all points on which the vendor believes the agency erred in its process and shall contain such argument in support of its position as the vendor seeks to present. In its request for review, a vendor shall not submit, and an agency will not accept nor consider, any substantive information that was not included in the original proposal. The agency will respond to the request within 5 business days of its receipt.

SECTION 6 – Evaluation of Proposals

A. Criteria for Evaluation and Scoring

The Agency will evaluate each responsive Proposal using a scoring scale of 100 points, which will be distributed as set forth in the table below.

CATEGORIES POINTS

TECHNICAL PROPOSAL with the following potential maximum scores for each

Technical Proposal category;

Vendor Experience – Provide your experience with hiring, managing, and developing staff.

Vendor Experience – Provide three (3) references/testimonials of individuals or companies for whom you have provided similar Medical Consultant or medical field staff services (Please include name f company/establishment, dates of performance and customer point of contact)

Vendor Capacity – Explain, in narrative form, your capacity to perform the entire scope of work outlined in this RFP. The DDS currently contracts with eleven (11)

Medical Consultants and two (2) Chief Medical Consultants.

Vendor Demonstrated Ability – Outline and identify, including specifically naming the Staffing Manager and professional resources that will accomplish the scope of work.

Vendor Demonstrated Ability – Provide the Curriculum Vitae or Resume of the

Staffing Manager and each individual who will perform key functions identified in the RFP.

PRICE PROPOSAL MAXIMUM POINTS 10

TOTAL MAXIMUM POINTS 100

The Agency will select a vendor based upon the criteria and standards contained in this RFP and from applying the weighting in this section. Oral interviews and reference checks, to the extent they are utilized by the

Agency, will be used to refine and finalize scores.

If the Agency, decides to make an award based on these evaluations, the Agency will notify the selected vendor(s). Should the Agency be unable to reach agreement with the selected vendor(s) during Contract discussions, the Agency may then undertake Contract discussions with the next preferred vendor and so on, or the Agency may reject all proposals, cancel this RFP, or solicit new Proposals under a new acquisition process.

B. Planned Evaluations Steps

The Agency plans to use the following process:

• Step 1. Initial screening to ensure that the Proposals are in compliance with submission requirements;

• Step 2. Preliminary evaluation of the Technical Proposals;

• Step 3. Final Scoring of Technical Proposals;

• Step 4. Price Proposals review;

• Step 5. Best and Final Offer (BAFO) if appropriate; and Final Selection: Select the highest scoring vendor(s) and begin contract execution.

C. Step 1: Initial Screening

The Agency will conduct an initial screening to verify vendor compliance with the proposal submission requirements set forth in Sections 4 and 7. The Agency may waive or offer a limited opportunity to cure immaterial deviations from the RFP requirements if it is determined to be in the best interest of the State.

D. Step 2: Preliminary Technical Scoring of Proposals

The Agency will establish an evaluation team to review for compliance of the minimum requirements as set forth in Section 2. This evaluation team will then review the technical proposals and give a preliminary score to the technical proposals under the guidelines set forth in Section 6. Should a vendor fail to achieve 80 Points in the preliminary technical scoring, it will receive no further consideration from the evaluation team and the vendor’s price proposal will be returned unopened. Price proposals will not be reviewed by the evaluation team during the preliminary technical review.

E. Step 3: Final Technical Scoring of Proposals

Following oral interviews, product demonstrations, reference checks (if appropriate) and/or review of written clarifications of proposals requested by the Agency, the evaluation team will determine a final score for each technical proposal.

F. Step 4: Price Proposal Review

Price proposals will be reviewed upon completion of the final technical scoring of proposals. The vendor’s price proposal will be allocated a maximum potential score of 10 points. Vendors are advised that this is not a low bid award and that the scoring of the price proposal will be combined with the scoring of the technical proposal to determine the overall highest scoring vendor.

The following formula will be used to assign points for costs:

Vendor’s Price Score = (Lowest Proposed Price / Vendor’s Proposed Price) x Number of Points for Score

For the purpose of use of this formula, the lowest proposed price is defined as the lowest price proposed by a vendor who has scored above the minimum necessary for consideration on the Technical Score.

G. No Best and Final Offer

The Proposal should be submitted initially on the most favorable terms which the vendor can offer. There will be no best and final offer procedure.

-OR-

Step 5: Best and Final Offer (BAFO)

Upon completion of the scoring process outlined in Section 6 above, the Agency may, at its sole option, invite the highest scoring vendors to submit a “Best and Final Offer” for the Agency’s consideration. The Agency reserves the right to select the vendor based solely on the initial proposals and is under no obligation to solicit or accept a BAFO from any vendors. As the Agency may not request a Best and Final Offer, vendors are encouraged to provide their most competitive prices in their initial proposals.

The Best and Final Offer (BAFO) is a one-time invitation only process for a vendor to submit its lowest priced offer for the Agency’s consideration. The Agency will provide a deadline submission date for the BAFO and may uniformly communicate in writing any price/cost targets that the Agency is seeking in the BAFO. All restrictions on contact with State employees outlined in this RFP shall remain in effect.

Each invited vendor may only make one BAFO. The BAFO may not alter the substance of the vendor’s technical proposal. The BAFO may only amend the vendor’s initial price proposal.

To the extent the Agency solicits and receives a BAFO pursuant to this section, the Agency will re-score the

BAFO participants’ price proposals after review of the BAFO in accordance with Section 6G (Calculation of the Price Proposal Score). The Agency will not select a vendor based on the lowest priced BAFO proposal. A final selection, if any, shall be based on the combined score of the technical proposal and BAFO pricing. Only those vendors who were invited to submit a BAFO will be considered for the award.

H. Final Selection

The Agency will conduct a final selection based on the final evaluation of the proposals or, if requested, as a result of the Best and Final Offer, and begin contract discussions with the selected vendor(s).

I. Rights of the Agency in Accepting and Evaluating Proposals

The Agency reserves the right, at its sole discretion, to:

• Make independent investigations in evaluating proposals;

• Request additional information to clarify elements of a proposal;

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

• Omit any planned evaluation step if, in the Agency’s view, the step is not needed;

• Reject any and all proposals at any time; and

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

SECTION 7 – Process for Submitting a Proposal

A. Proposal Submission, Deadline, and Location Instructions

Proposals submitted in response to this RFP must be received no later than the Proposal Due Date specified in the Schedule of Events, herein.

The Price proposal must be labeled clearly and submitted separately from the technical proposal.

Unless waived as a non-material deviation in accordance with Section 6, late submissions will not be accepted and will be returned to the vendors unopened. Delivery of the Proposals shall be at the vendor’s expense. The time of receipt shall be considered when a Proposal has been officially documented by the Agency, in accordance with its established policies, as having been received at the location designated below. The Agency accepts no responsibility for damaged, mislabeled, or undeliverable mailed or emailed proposals. Any damage that may occur due to shipping shall be the vendor’s responsibility.

Proposals must include one electronic copy of the Proposal with all Confidential Information fully redacted, as provided for in Section 5H of this RFP.

Proposals must be clearly marked as follows:

STATE OF NEW HAMPSHIRE

RESPONSE TO RFP: DDS-2025-Staffing Service

Electronic Proposals

Electronic Proposals must be addressed to:

TO: cheryl.hobart@ssa.gov

CC: lisa.beck@ssa.gov

Subject line must include RESPONSE TO RFP: DDS-2025-Staffing Service

Electronic Submissions must be submitted using the following criteria:

a. Searchable PDF Format

b. Files must be less than 10MB in size.

Exception: If files are greater than 10MB in size, the vendor will be required to submit their proposal in parts. It is the vendors responsibility to ensure a complete proposal is submitted.

SECTION 8 – Proposal Content and Requirements

Proposals shall follow the below format and provide the required information set forth below:

• Cover page

• Transmittal letter

• Technical Proposal:

o Executive summary providing a brief background of the vendor o Answers to the questions (if applicable, reference a specific section or appendix to questionnaire) o References (identify how many references are needed and whether there are any preference where the references are from)

• Price Proposal: must be submitted separately (if applicable, reference a specific section or appendix relative to price proposal)

• Other attachments as applicable (for example, financial audit report)

APPENDIX A

SAMPLE FORM NUMBER P-37 (version 12/11/2019)

AGREEMENT

The State of New Hampshire and the Contractor hereby mutually agree as follows:

GENERAL PROVISIONS

1. IDENTIFICATION.

1.1 State Agency Name

1.2 State Agency Address

1.3 Contractor Name

1.4 Contractor Address

1.5 Contractor Phone

Number

1.6 Account Number

1.7 Completion Date 1.8 Price Limitation

1.9 Contracting Officer for State Agency

1.10 State Agency Telephone Number

1.11 Contractor Signature

Date:

1.12 Name and Title of Contractor Signatory

1.13 State Agency Signature

Date:

1.14 Name and Title of State Agency Signatory

1.15 Approval by the N.H. Department of Administration, Division of Personnel (if applicable)

By: Director, On:

1.16 Approval by the Attorney General (Form, Substance and Execution) (if applicable)

By: On:

1.17 Approval by the Governor and Executive Council (if applicable)

G&C Item number: G&C Meeting Date:

Notice: This agreement and all of its attachments shall become public upon submission to Governor and Executive Council for approval. Any information that is private, confidential or proprietary must be clearly identified to the agency and agreed to in writing prior to signing the contract.

2. SERVICES TO BE PERFORMED. The State of New

Hampshire, acting through the agency identified in block 1.1

(“State”), engages contractor identified in block 1.3

(“Contractor”) to perform, and the Contractor shall perform, the work or sale of goods, or both, identified and more particularly described in the attached EXHIBIT B which is incorporated herein by reference (“Services”).

3. EFFECTIVE DATE/COMPLETION OF SERVICES.

3.1 Notwithstanding any provision of this Agreement to the

contrary, and subject to the approval of the Governor and

Executive Council of the State of New Hampshire, if applicable, this Agreement, and all obligations of the parties hereunder, shall become effective on the date the Governor and Executive

Council approve this Agreement as indicated in block 1.17, unless no such approval is required, in which case the Agreement shall become effective on the date the Agreement is signed by the State Agency as shown in block 1.13 (“Effective Date”).

3.2 If the Contractor commences the Services prior to the

Effective Date, all Services performed by the Contractor prior to the Effective Date shall be performed at the sole risk of the

Contractor, and in the event that this Agreement does not become effective, the State shall have no liability to the Contractor, including without limitation, any obligation to pay the

Contractor for any costs incurred or Services performed.

Contractor must complete all Services by the Completion Date specified in block 1.7.

4. CONDITIONAL NATURE OF AGREEMENT.

Notwithstanding any provision of this Agreement to the contrary, all obligations of the State hereunder, including, without limitation, the continuance of payments hereunder, are contingent upon the availability and continued appropriation of funds affected by any state or federal legislative or executive action that reduces, eliminates or otherwise modifies the appropriation or availability of funding for this Agreement and the Scope for Services provided in EXHIBIT B, in whole or in part. In no event shall the State be liable for any payments hereunder in excess of such available appropriated funds. In the event of a reduction or termination of appropriated funds, the

State shall have the right to withhold payment until such funds become available, if ever, and shall have the right to reduce or terminate the Services under this Agreement immediately upon giving the Contractor notice of such reduction or termination.

The State shall not be required to transfer funds from any other account or source to the Account identified in block 1.6 in the event funds in that Account are reduced or unavailable.

5. CONTRACT PRICE/PRICE LIMITATION/

PAYMENT.

5.1 The contract price, method of payment, and terms of payment are identified and more particularly described in EXHIBIT C which is incorporated herein by reference.

5.2 The payment by the State of the contract price shall be the only and the complete reimbursement to the Contractor for all expenses, of whatever nature incurred by the Contractor in the performance hereof, and shall be the only and the complete compensation to the Contractor for the Services. The State shall have no liability to the Contractor other than the contract price.

5.3 The State reserves the right to offset from any amounts

otherwise payable to the Contractor under this Agreement those liquidated amounts required or permitted by N.H. RSA 80:7 through RSA 80:7-c or any other provision of law.

5.4 Notwithstanding any provision in this Agreement to the

contrary, and notwithstanding unexpected circumstances, in no event shall the total of all payments authorized, or actually made hereunder, exceed the Price Limitation set forth in block 1.8.

6. COMPLIANCE BY CONTRACTOR WITH LAWS

AND REGULATIONS/ EQUAL EMPLOYMENT

OPPORTUNITY.

6.1 In connection with the performance of the Services, the

Contractor shall comply with all applicable statutes, laws, regulations, and orders of federal, state, county or municipal authorities which impose any obligation or duty upon the

Contractor, including, but not limited to, civil rights and equal employment opportunity laws. In addition, if this Agreement is funded in any part by monies of the United States, the Contractor shall comply with all federal executive orders, rules, regulations and statutes, and with any rules, regulations and guidelines as the

State or the United States issue to implement these regulations.

The Contractor shall also comply with all applicable intellectual property laws.

6.2 During the term of this Agreement, the Contractor shall not discriminate against employees or applicants for employment because of race, color, religion, creed, age, sex, handicap, sexual orientation, or national origin and will take affirmative action to prevent such discrimination.

6.3. The Contractor agrees to permit the State or United States access to any of the Contractor’s books, records and accounts for the purpose of ascertaining compliance with all rules, regulations and orders, and the covenants, terms and conditions of this

Agreement.

7. PERSONNEL.

7.1 The Contractor shall at its own expense provide all personnel necessary to perform the Services. The Contractor warrants that all personnel engaged in the Services shall be qualified to perform the Services, and shall be properly licensed and otherwise authorized to do so under all applicable laws.

7.2 Unless otherwise authorized in writing, during the term of this Agreement, and for a period of six (6) months after the

Completion Date in block 1.7, the Contractor shall not hire, and shall not permit any subcontractor or other person, firm or corporation with whom it is engaged in a combined effort to perform the Services to hire, any person who is a State employee or official, who is materially involved in the procurement, administration or performance of this Agreement. This provision shall survive termination of this Agreement.

7.3 The Contracting Officer specified in block 1.9, or his or her successor, shall be the State’s representative. In the event of any dispute concerning the interpretation of this Agreement, the

Contracting Officer’s decision shall be final for the State.

8. EVENT OF DEFAULT/REMEDIES.

8.1 Any one or more of the following acts or omissions of the

Contractor shall constitute an event of default hereunder (“Event of Default”):

8.1.1 failure to perform the Services satisfactorily or on schedule;

8.1.2 failure to submit any report required hereunder; and/or

8.1.3 failure to perform any other covenant, term or condition of this Agreement.

8.2 Upon the occurrence of any Event of Default, the State may take any one, or more, or all, of the following actions:

8.2.1 give the Contractor a written notice specifying the Event of

Default and requiring it to be remedied within, in the absence of a greater or lesser specification of time, thirty (30) days from the date of the notice; and if the Event of Default is not timely cured, terminate this Agreement, effective two (2) days after giving the

Contractor notice of termination;

8.2.2 give the Contractor a written notice specifying the Event of

Default and suspending all payments to be made under this

Agreement and ordering that the portion of the contract price which would otherwise accrue to the Contractor during the period from the date of such notice until such time as the State determines that the Contractor has cured the Event of Default shall never be paid to the Contractor;

8.2.3 give the Contractor a written notice specifying the Event of

Default and set off against any other obligations the State may owe to the Contractor any damages the State suffers by reason of any Event of Default; and/or

8.2.4 give the Contractor a written notice specifying the Event of

Default, treat the Agreement as breached, terminate the

Agreement and pursue any of its remedies at law or in equity, or both.

8.3. No failure by the State to enforce any provisions hereof after any Event of Default shall be deemed a waiver of its rights with regard to that Event of Default, or any subsequent Event of

Default. No express failure to enforce any Event of Default shall be deemed a waiver of the right of the State to enforce each and all of the provisions hereof upon any further or other Event of

Default on the part of the Contractor.

9. TERMINATION.

9.1 Notwithstanding paragraph 8, the State may, at its sole

discretion, terminate the Agreement for any reason, in whole or in part, by thirty (30) days written notice to the Contractor that the State is exercising its option to terminate the Agreement.

9.2 In the event of an early termination of this Agreement for any reason other than the completion of the Services, the

Contractor shall, at the State’s discretion, deliver to the

Contracting Officer, not later than fifteen (15) days after the date of termination, a report (“Termination Report”) describing in detail all Services performed, and the contract price earned, to and including the date of termination. The form, subject matter, content, and number of copies of the Termination Report shall be identical to those of any Final Report described in the attached

EXHIBIT B. In addition, at the State’s discretion, the Contractor shall, within 15 days of notice of early termination, develop and submit to the State a Transition Plan for services under the

10. DATA/ACCESS/CONFIDENTIALITY/

PRESERVATION.

10.1 As used in this Agreement, the word “data” shall mean all information and things developed or obtained during the performance of, or acquired or developed by reason of, this

Agreement, including, but not limited to, all studies, reports, files, formulae, surveys, maps, charts, sound recordings, video recordings, pictorial reproductions, drawings, analyses, graphic representations, computer programs, computer printouts, notes, letters, memoranda, papers, and documents, all whether finished or unfinished.

10.2 All data and any property which has been received from

the State or purchased with funds provided for that purpose under this Agreement, shall be the property of the State, and shall be returned to the State upon demand or upon termination of this Agreement for any reason.

10.3 Confidentiality of data shall be governed by N.H. RSA

chapter 91-A or other existing law. Disclosure of data requires prior written approval of the State.

11. CONTRACTOR’S RELATION TO THE STATE. In the performance of this Agreement the Contractor is in all respects an independent contractor, and is neither an agent nor an employee of the State. Neither the Contractor nor any of its officers, employees, agents or members shall have authority to bind the State or receive any benefits, workers’ compensation or other emoluments provided by the State to its employees.

12. ASSIGNMENT/DELEGATION/SUBCONTRACTS.

12.1 The Contractor shall not assign, or otherwise transfer any interest in this Agreement without the prior written notice, which shall be provided to the State at least fifteen (15) days prior to the assignment, and a written consent of the State. For purposes of this paragraph, a Change of Control shall constitute assignment. “Change of Control” means (a) merger, consolidation, or a transaction or series of related transactions in which a third party, together with its affiliates, becomes the direct or indirect owner of fifty percent (50%) or more of the voting shares or similar equity interests, or combined voting power of the Contractor, or (b) the sale of all or substantially all of the assets of the Contractor.

12.2 None of the Services shall be subcontracted by the

Contractor without prior written notice and consent of the State.

The State is entitled to copies of all subcontracts and assignment agreements and shall not be bound by any provisions contained in a subcontract or an assignment agreement to which it is not a party.

13. INDEMNIFICATION. Unless otherwise exempted by law, the Contractor shall indemnify and hold harmless the State, its officers and employees, from and against any and all claims, liabilities and costs for any personal injury or property damages, patent or copyright infringement, or other claims asserted against the State, its officers or employees, which arise out of (or which may be claimed to arise out of) the acts or omission of the

Contractor, or subcontractors, including but not limited to the negligence, reckless or intentional conduct. The State shall not be liable for any costs incurred by the Contractor arising under this paragraph 13. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved to the

State. This covenant in paragraph 13 shall survive the termination of this Agreement.

14. INSURANCE.

14.1 The Contractor shall, at its sole expense, obtain and

continuously maintain in force, and shall require any subcontractor or assignee to obtain and maintain in force, the following insurance:

14.1.1 commercial general liability insurance against all claims of bodily injury, death or property damage, in amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate or excess; and

14.1.2 special cause of loss coverage form covering all property subject to subparagraph 10.2 herein, in an amount not less than

80% of the whole replacement value of the property.

14.2 The policies described in subparagraph 14.1 herein shall be on policy forms and endorsements approved for use in the State of New Hampshire by the N.H. Department of Insurance, and issued by insurers licensed in the State of New Hampshire.

14.3 The Contractor shall furnish to the Contracting Officer

identified in block 1.9, or his or her successor, a certificate(s) of insurance for all insurance required under this Agreement.

Contractor shall also furnish to the Contracting Officer identified in block 1.9, or his or her successor, certificate(s) of insurance for all renewal(s) of insurance required under this Agreement no later than ten (10) days prior to the expiration date of each insurance policy. The certificate(s) of insurance and any renewals thereof shall be attached and are incorporated herein by reference.

15. WORKERS’ COMPENSATION.

15.1 By signing this agreement, the Contractor agrees, certifies and warrants that the Contractor is in compliance with or exempt from, the requirements of N.H. RSA chapter 281-A (“Workers’

Compensation”).

15.2 To the extent the Contractor is subject to the requirements of N.H. RSA chapter 281-A, Contractor shall maintain, and require any subcontractor or assignee to secure and maintain, payment of Workers’ Compensation in connection with activities which the person proposes to undertake pursuant to this

Agreement. The Contractor shall furnish the Contracting Officer identified in block 1.9, or his or her successor, proof of Workers’

Compensation in the manner described in N.H. RSA chapter

281-A and any applicable renewal(s) thereof, which shall be attached and are incorporated herein by…