RFP Document.pdf

STATE OF SOUTH DAKOTA

DEPARTMENT OF SOCIAL SERVICES

700 GOVERNORS DRIVE

PIERRE, SD 57501

Refugee Support Services PROPOSALS ARE DUE NO LATER THAN AUGUST 7th, 2025 by 5PM

RFP15768 State POC: Kirsten Blachford EMAIL: Kirsten.Blachford@state.sd.us

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PRIMARY CONTACT INFORMATION

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1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The South Dakota Department of Social Services (DSS), Division of Economic Assistance is seeking proposals from qualified agencies interested in providing Refugee Support Services (RSS) within the state. The objective of this RFP is to establish formal partnerships with experienced organizations to support the delivery of refugee support services to eligible refugee populations. Selected agencies will be reimbursed for services provided in accordance with federal and state program requirements.

Background: The Office of Refugee Resettlement (ORR), part of the U.S. Department of Health and Human Services – Administration for Children and Families, was established under the Refugee Act of 1980. ORR's mission is to promote the health, well-being, and long-term self-sufficiency of refugees, unaccompanied children, and other eligible individuals through culturally competent, trauma-informed, and strengths-based services.

ORR operates RSS through three primary program administration models: State-Administered, Public- Private Partnership, and Hybrid.

South Dakota currently operates under a Hybrid State Program. Under this model, the State of Dakota administers Refugee Medical Assistance (RMA), while a Replacement Designee (RD), a non-governmental entity, administers Refugee Cash Assistance (RCA) and Refugee Support Services (RSS).

Effective October 1, 2025, ORR will no longer provide RSS formula funding to nonprofit agency Replacement Designees. Instead, all RSS formula funding will be allocated exclusively to State governments, contingent on available federal appropriations. This shift underscores the importance of identifying state-based agency partners who can support the continued delivery of Refugee Support Services.

The South Dakota Department of Social Services (DSS) is the state agency appointed by the Governor to implement the State Plan for RSS in South Dakota. South Dakota Department of Social Services is responsible for overseeing the use of RSS resources but will not directly provide refugee support services.

Overall funding for this project blends funding for all data tracking and reporting; Refugee Support Services (RSS) funding for all ORR-eligible populations – including Refugee Health Promotion, Services to Older Refugees, Youth Mentoring and Refugee School Impact set-aside program funding, among others – with specialized funding for eligible Afghan Humanitarian Parolees, Ukrainian Humanitarian Parolees and other designated ORR eligible populations designated by the federal government as eligible for ORR services. Taken together, these funds constitute what is referred to as the Refugee Support Services Base Fund and Refugee Support Services Set Asides (RSS Base Fund and Set Asides), to be awarded through RSS Base Fund and Set Asides agreements with eligible refugee-serving sub-grantees.

DSS will contract with an agency to act as a contractual and fiscal intermediary to aid in managing RSS Base Fund and Set Asides agreements including the grant application process and fund distribution. The agency will work collaboratively with DSS to ensure that agreements and sub-grantees include Statements of Work (SOWs), data collection, reporting, and evaluations that align with existing refugee service program funding requirements and practices along with ORR-released Policy Letters (PLs) governing each program. The expected outcome is that the agency will help ensure funds are awarded to

– and used responsibly by – service providers best positioned to meet the diverse integration needs of ORR-eligible populations in South Dakota.

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

The Division of Economic Assistance is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota, Department of Social Services. The reference number for the transaction is RFP15768. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

1.3 LETTER OF INTENT

All interested offerors are requested to submit a non-binding Letter of Intent to respond to this RFP. While preferred, a Letter of Intent is not mandatory to submit a proposal.

Be sure to reference the RFP number in your letter.

The Letter of Intent must be submitted to Kirsten Blachford via email at Kirsten.Blachford@state.sd.us no later than July 15th, 2025. Please place the following in the subject line of your email: “Letter of Intent for

RFP15768”.

1.4 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication 07/08/2025 Letter of Intent to Respond Due 07/15/2025 Offeror Questions Due Responses to Offeror Questions

07/22/2025 07/29/2025

Request for SFTP folder 08/06/2025 Proposal Submission Oral Presentations/discussions (if required)

08/07/2025

TBD

Proposal Revisions (if required) TBD Anticipated Award Decision/Contract Negotiation 08/28/2025

1.5 SUBMITTING YOUR PROPOSAL

All proposals must be completed and received in the Department of Social Services by the date and time indicated in the Schedule of Activities.

Proposals received after the deadline will be late and ineligible for consideration.

Proposals must be submitted as PDFs via Secured File Transfer Protocol (SFTP). Offerors must request an SFTP folder no later than the date indicated in the Schedule of Activities by emailing Kirsten Blachford at Kirsten.Blachford@state.sd.us.

The subject line should read “RFP15768 SFTP Request”. The email should contain the name and the email of the person who will be responsible for uploading the document(s).

Please note, offeror will need to work with their own technical support staff to set up an SFTP compatible software on offeror’s end. While the State of South Dakota can answer questions, State of South Dakota is not responsible for the software required.

All proposals may be signed in ink or digitally by an officer of the offeror legally authorized to bind the offeror to the proposal and sealed in the form intended by the respondent. Proposals that are not properly signed may be rejected.

No proposal may be accepted from, or any contract or purchase order awarded to any person, firm or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota.

mailto:Kirsten.Blachford@state.sd.us

1.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds.

Where the offeror is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to their offer.

1.7 NON-DISCRIMINATION STATEMENT

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

1.8 CERTIFICATION RELATING TO PROHIBITED ENTITY

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by SDCL 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.9 RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.10 CERTIFICATION OF NO STATE LEGISLATOR INTEREST

Offeror (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to any Agreement entered into as a result of this RFP. By signing an Agreement pursuant to this RFP, Offeror hereby certifies that the Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

1.11 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic, or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.12 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Inquiries must be emailed to Kirsten Blachford at Kirsten.Blachford@state.sd.us with the subject line “RFP15768”.

The State will to respond to offeror’s inquiries (if required) via e-mail. In addition, all inquiries and the State’s responses will be posted on the state’s e-procurement system and the DSS website at http://dss.sd.gov/keyresources/rfp.aspx. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP.

1.13 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected.

The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.14 LENGTH OF CONTRACT

The contract resulting from this RFP will be issued for the period of one (1) year ending September 30, 2026, with the option for renewal for up to three (3), one (1) year contracts at the discretion of the State based on performance and/or the continued availability of funds. Contracts will be negotiated on an annual basis.

1.15 GOVERNING LAW

Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in the State of South Dakota. The laws of South Dakota shall govern this transaction.

1.16 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the State.

However, the State may award a contract based on the initial proposals received without discussion with the Offeror. If oral presentations are required, they will be scheduled after the submission of proposals.

Oral presentations will be made at the offeror’s expense.

This process is a Request for Proposal/Competitive Negotiation process. Each Proposal shall be evaluated, and each respondent shall be available for negotiation meetings at the State’s request. The State reserves the right to negotiate on any and/or all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

http://dss.sd.gov/keyresources/rfp.aspx

2.0 STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include the State’s standard terms and conditions as listed below and as seen in Attachment A, along with any additional terms and conditions that may be necessary to the performance of the scope of work.

2.1 The Contractor will perform those services described in the Scope of Work, attached hereto as Section

3.0 of the RFP and by this reference incorporated herein.

2.2 The Contractor’s services under this Agreement shall commence on and end on , unless sooner terminated pursuant to the terms hereof.

2.3 The Contractor will use State equipment, supplies or facilities. YES ( ) NO ( )

2.4 The Contractor will provide the State with its Employer Identification Number, Federal Tax Identification

Number or Social Security Number upon execution of this Agreement.

2.5 The State will make payment for services upon satisfactory completion of the services. The TOTAL CONTRACT AMOUNT is an amount not to exceed $ . The State will not pay Contractor's expenses as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher.

Payment will be made consistent with SDCL ch. 5-26.

2.6 The Contractor agrees to indemnify and hold the State of South Dakota, its officers, agents and employees, harmless from and against any and all actions, suits, damages, liability or other proceedings that may arise as the result of performing services hereunder. This section does not require the Contractor to be responsible for or defend against claims or damages arising solely from errors or omissions of the State, its officers, agents or employees.

2.7 The Contractor, at all times during the term of this Agreement, shall obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

The Contractor shall maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each occurrence. If such insurance contains a general aggregate limit it shall apply separately to this Agreement or be no less than two times the occurrence limit.

B. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

The Contractor agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $1,000,000.00.

C. Business Automobile Liability Insurance:

The Contractor shall maintain business automobile liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each accident. Such insurance shall include coverage for owned, hired and non-owned vehicles.

D. Worker’s Compensation Insurance:

The Contractor shall procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota law.

Before beginning work under this Agreement, Contractor shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement. In the event a substantial change in insurance, issuance of a new policy, cancellation or nonrenewal of the policy, the Contractor agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required.

Contractor shall furnish copies of insurance policies if requested by the State.

2.8 While performing services hereunder, the Contractor is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

2.9 Contractor agrees to report to the State any event encountered in the course of performance of this

Agreement which results in injury to the person or property of third parties, or which may otherwise subject Contractor or the State to liability. Contractor shall report any such event to the State immediately upon discovery.

Contractor's obligation under this section shall only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. Contractor's obligation to report shall not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the State under this section shall not excuse or satisfy any obligation of Contractor to report any event to law enforcement or other entities under the requirements of any applicable law.

2.10 This Agreement may be terminated by either party hereto upon thirty (30) days written notice. In the event the Contractor breaches any of the terms or conditions hereof, this Agreement may be terminated by the State at any time with or without notice. If termination for such a default is effected by the State, any payments due to Contractor at the time of termination may be adjusted to cover any additional costs to the State because of Contractor's default. Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If after the State terminates for a default by Contractor it is determined that Contractor was not at fault, then the Contractor shall be paid for eligible services rendered and expenses incurred up to the date of termination.

2.11 This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State.

2.12 This Agreement may not be assigned without the express prior written consent of the State. This Agreement may not be amended except in writing, which writing shall be expressly identified as a part hereof, and be signed by an authorized representative of each of the parties hereto.

2.13 This Agreement shall be governed by and construed in accordance with the laws of the State of South

Dakota. Any lawsuit pertaining to or affecting this Agreement shall be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.14 The Contractor will comply with all federal, state and local laws, regulations, ordinances, guidelines, permits and requirements applicable to providing services pursuant to this Agreement, and will be solely responsible for obtaining current information on such requirements.

2.15 The Contractor may not use subcontractors to perform the services described herein without the express prior written consent of the State. The Contractor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Contractor will cause its subcontractors, agents, and employees to comply, with applicable federal, state and local laws, regulations, ordinances, guidelines, permits and requirements and will adopt such review and inspection procedures as are necessary to assure such compliance.

2.16 Contractor hereby acknowledges and agrees that all reports, plans, specifications, technical data, miscellaneous drawings, software system programs and documentation, procedures, or files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, and all information contained therein provided to the State by the Contractor in connection with its performance of services under this Agreement shall belong to and is the property of the State and will not be used in any way by the Contractor without the written consent of the

State. Papers, reports, forms, software programs, source code(s) and other material which are a part of the work under this Agreement will not be copyrighted without written approval of the State.

2.17 The Contractor certifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency. Contractor further agrees that it will immediately notify the State if during the term of this Agreement Contractor or its principals become subject to debarment, suspension or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

2.18 Any notice or other communication required under this Agreement shall be in writing and sent to the address set forth above. Notices shall be given by and to on behalf of the State, and by , on behalf of the Contractor, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties shall be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination shall be sent by registered or certified mail, or, if personally delivered, when received by such party.

2.19 In the event that any court of competent jurisdiction shall hold any provision of this Agreement unenforceable or invalid, such holding shall not invalidate or render unenforceable any other provision hereof.

2.20 All other prior discussions, communications and representations concerning the subject matter of this

Agreement are superseded by the terms of this Agreement, and except as specifically provided herein, this Agreement constitutes the entire agreement with respect to the subject matter hereof.

3.0 SCOPE OF WORK

3.1 General Requirements

3.1.1 Requirements for the agency will include the following:

3.1.1.1 Coordinate with the State to develop and submit an annual state plan for refugee resettlement and administer the activities within the plan.

3.1.1.1.1 The state plan will demonstrate how effective resettlement and economic self-sufficiency are promoted.

3.1.1.1.2 The state plan will demonstrate that refugees on Refugee Cash Assistance

(RCA) can access language training and employment services as defined and allowed under 45 CFR 400.71, 45 CFR 400.156, 45 CFR 400.154, 45 CFR 400.155, or ORR PL 24-03, or any support services that are not outlined in policy.

3.1.1.1.3 The state plan will demonstrate how refugees who have medical conditions or histories will be identified, monitored and referred for services.

3.1.1.1.4 The state plan will demonstrate how case management services as defined at 45 CFR 400.2, tracks referral to additional services as needed and follow-up of participation in those services.

3.1.1.2 Collaborate with state, county, and local agencies, resettlement agencies, and refugee-serving agencies to ensure coordination and non-duplicative service provision.

3.1.1.3 Serve as the expert for all program components administered by the State; be knowledgeable on all federal, state and local regulations and policies, ensuring programs and services comply with ORR’s regulations and policies.

3.1.1.4 Ensure refugees have access to eligibility-based benefits, programs and resources.

3.1.1.5 Coordinate timely financial and programmatic reports in compliance with ORR regulations and policies.

3.1.1.6 Lead or co-lead quarterly consultations with key stakeholders.

3.1.1.7 Conduct resource planning, support outreach and community engagement efforts.

3.1.1.8 Administer RSS program priorities, procedures, and controls within the state plan.

3.1.1.9 Assess needs, set goals, procure services, allocate resources, and administer contracts with service providers.

3.1.1.10 Train staff on policies, procedures, and standards.

3.1.1.11 Oversee collection and submission of data on services and assistance.

3.1.1.12 Health education.

3.1.1.13 Systematically examine, evaluate, and monitor operations in local offices and of any sub-grantee.

3.1.1.14 Track all new ORR eligibles and report defined metrics as required by ORR and DSS.

These reports will be submitted monthly to DSS.

3.1.1.15 Submit additional reports as required by the State or ORR.

3.1.2 The agency shall help DSS ensure all sub-grantees comply with all relevant aspects of 45 CFR 400 as to eligibility, use of funds, and prioritization of services. The agency shall contact DSS for guidance and clarification if questions arise as to the applicability of the contract.

3.1.3 The agency shall provide technical assistance to sub-grantees. Technical assistance must include the following:

3.1.3.1 Provide adequate staffing to ensure sub-grantees have access to the technician for assistance with questions related to the grant application, agreement execution, budget and expense tracking, financial reporting, and advance payments.

3.1.3.2 Develop and communicate guidance to support providers’ use of funds.

3.1.3.3 Adhere to best practices in customer service throughout the program duration, including in the provision of competent assistance.

3.1.4 The agency shall, as part of the disbursement and monitoring of grant funds, comply with the following:

3.1.4.1 Assist DSS in distributing RSS Base Fund and Set Aside grants throughout the federal fiscal year grant cycle.

3.1.4.2 Process and track all payments to sub-grantees using the agency’s internal systems.

3.1.4.2.1 Track available grant funds, including unawarded and awarded but unexpended funds; track grant funds by program area and funding source;

and monitor appropriate usage of funds and continued eligibility of the sub-grantee.

3.1.4.2.2 Engage in fidelity monitoring to ensure that services procured through the RSS Base Fund and Set Aside contracts are implemented in a manner that is true to the model.

3.1.4.3 Have in place a contingency plan to administer program extensions in the event of a natural disaster or declared health emergency.

3.1.5 Application for RSS Funding - 45 CFR 400.11(b)(2)

3.1.5.1 The RSS Agency must prepare an annual service plan and an annual outcome goal plan for submission on November 30. The plans and estimates will be developed based on local consultative processes in conjunction with ORR’s trends and projections.

3.1.5.2 This must include a breakdown of prior-year program recipients by allowable services, and a projection of clients for the upcoming year by allowable services.

3.1.5.3 To facilitate the November 30th submission, the RSS Agency must submit the annual service plan and the annual outcome goal plan to the State by November 15th annually.

3.2 Objectives

The agency shall support the South Dakota Department of Social Services (DSS) in the effective administration of the RSS Base Fund and Set Asides by fulfilling the following objectives:

3.2.1 Assist DSS in distributing annually awarded grants under the fund for RSS Base Fund and Set

Asides throughout the federal fiscal year grant cycle.

3.2.2 Provide strategic grant-making support and full-service administration of RSS Base Fund and Set

Aside grants and programs solicited through the guidance of DSS by the agency.

3.2.3 Work with DSS to ensure that all RSS Base Fund and Set Aside grant implementation plans match existing DSS funding requirements and practices.

3.2.4 Provide a streamlined user experience, facilitate accountability and transparency, and drive efficiency in the grant process through the use of technology.

3.2.5 Disburse funds and ensure fiscal compliance by regularly monitoring use of grant funds.

3.3 Eligible Applicants/Sub-Grantees

3.3.1 All applicants/sub-grantees must meet specific eligibility requirements indicated in the Request

For Proposals (RFP) for each grant opportunity.

3.3.2 Eligible applicants/sub-grantees must report to DSS.

3.4 Personnel

3.4.1 The agency must have a staffing plan to carry out contracted services and ensure timely completion of deliverables indicated in the Work Plan. The agency will inform DSS of any staffing changes that may impact delivery of services. The agency will ensure new staff are sufficiently trained and supervised to assume duties related to the contract awarded under this RFP.

3.5 Funding Awards and Restrictions

3.5.1 Upon execution of a contract, the agency shall be responsible for administering all funds in full compliance with applicable Federal and State statutes, regulations, and policies.

3.5.2 Funding provided for the length of the executed contract is designated for use strictly within the contract period. Funding that the agency disburses to eligible providers are considered public funds.

3.5.3 Funding Restrictions - The use of funds provided are subject to the following restrictions:

3.5.3.1 Costs of organized fundraising, including financial campaigns, endowment drives, solicitation of gifts and bequests, and similar expenses incurred solely to raise capital or obtain contributions, are not allowable uses of contracted funds from DSS.

3.5.3.2 Construction and purchase of real property are not allowable activities or expenditures with contracted funds from DSS.

3.5.3.3 Contracts with DSS do not allow for reimbursement of costs incurred prior to the approval date of the contract.

3.5.3.4 Contracts with DSS do not allow for reimbursement of costs incurred after the end date of the contract.

3.5.4 Funding is supported by federal funding and is contingent upon the availability of appropriated funds. The State reserves the right to increase or decrease funding based upon the availability of appropriated funding. The agency must have a comprehensive understanding of all funding sources that support the program and be able to demonstrate such understanding as required by the Department of Social Services (DSS).

3.6 Budget

3.6.1 Agency/program budgets are developed in consultation with DSS and the agency. Budgets are set through the contract.

3.6.2 The agency will identify areas of underspending based on the categorical budget and make recommendations to reallocate funds to ensure full utilization of the federal award prior to the fund expiration date.

3.6.3 DSS will be responsible for submitting annual fiscal year budget estimates for RSS applications as applicable.

3.7 Payment

3.7.1 The specified services provided by the Agency are 100% federally funded, 100% federally allowable, and paid on a cost reimbursement basis for payments made to sub-grantees and on a unit price basis for administrative services in accordance with 2 CFR 200.201(b) governing fixed amount awards.

3.7.2 The agency will submit financial invoices to DSS for reimbursement of sub-grantee payments and payment of the approved fixed amount award at least quarterly or as needed throughout the contract period. The Agency shall maintain a separately-tracked line item account for the funds received through the State contract. 45 CFR 400.11(b)(2)

4.0 PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS

4.1 The offeror is cautioned that it is the offeror's sole responsibility to submit information related to the evaluation categories and that the State of South Dakota is under no obligation to solicit such information if it is not included with the proposal. The offeror's failure to submit such information may cause an adverse impact on the evaluation of the proposal.

4.2 Offeror's Contacts: Offerors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc. to the buyer of record indicated on the first page of this RFP. Offerors and their agents may not contact any state employee other than the buyer of record regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Offerors and their agents who have questions regarding this matter should contact the buyer of record.

4.3 Provide the following information related to at least three previous and current service/contracts, performed by the offeror’s organization, which are similar to the requirements of this RFP.

4.3.1 Name, address and telephone number of client/contracting agency and a representative of that agency who may be contacted for verification of all information submitted;

4.3.2 Dates of the service/contract; and

4.3.3 A brief, written description of the specific prior services performed and requirements thereof.

4.4 The offeror must/may be required to submit a copy of their most recent independently audited financial statements.

4.5 If an offerors proposal is not accepted by the State, the proposal will not be reviewed/evaluated. Examples include: Proposal was not received on time. Proposal was not signed. Electronic file was not provided.

5.0 PROPOSAL RESPONSE FORMAT

5.1 Only a PDF copy shall be submitted via SFTP folder.

5.1.1 The proposal should be page numbered and should have an index and/or a table of contents referencing the appropriate page number.

5.2 All proposals must be organized and tabbed with labels for the following headings:

5.2.1 RFP Form. The State’s Request for Proposal form (1st page of RFP) completed and signed.

5.2.2 Executive Summary. The one-to-two-page executive summary is to briefly describe the offeror's proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the offeror. The reader should be able to determine the essence of the proposal by reading the executive summary. Proprietary information requests should be identified in this section.

5.2.3 Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information:

5.2.3.1 A complete narrative of the offeror's assessment of the work to be performed, the offeror’s ability and approach, and the resources necessary to fulfill the requirements.

This should demonstrate the offeror's understanding of the desired overall performance expectations.

5.2.3.2 A specific point-by-point response, in the order listed, to each requirement in the RFP.

The response should identify each requirement being addressed as enumerated in the

RFP.

5.2.3.3 A clear description of any options or alternatives proposed.

5.2.4 Cost Proposal. Cost will be evaluated independently from the technical proposal. Offerors may submit multiple cost proposals. All costs related to the provision of the required services must be included in each cost proposal offered.

See section 7.0 for more information related to the cost proposal.

6.0 PROPOSAL EVALUATION AND AWARD PROCESS

6.1 After determining that a proposal satisfies the mandatory requirements stated in the Request for Proposal, the evaluator(s) shall use subjective judgment in conducting a comparative assessment of the proposal by considering each of the following criteria:

6.1.1 Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements;

6.1.2 Resources available to perform the work, including any specialized services, within the specified time limits for the project;

6.1.3 Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration;

6.1.4 Availability to the project locale;

6.1.5 Familiarity with the project locale;

6.1.6 Proposed project management techniques; and

6.1.7 Ability and proven history in handling special project constraints;

6.1.8 Cost proposal.

6.2 Experience and reliability of the offeror's organization are considered subjectively in the evaluation process.

Therefore, the offeror is advised to submit any information which documents successful and reliable experience in past performances, especially those performances related to the requirements of this RFP.

6.3 The qualifications of the personnel proposed by the offeror to perform the requirements of this RFP, whether from the offeror's organization or from a proposed subcontractor, will be subjectively evaluated. Therefore, the offeror should submit detailed information related to the experience and qualifications, including education and training, of proposed personnel.

6.4 The State reserves the right to reject any or all proposals, waive technicalities, and make award(s) as deemed to be in the best interest of the State of South Dakota.

6.5 Award: The requesting agency and the highest ranked offeror shall mutually discuss and refine the scope of services for the project and shall negotiate terms, including compensation and performance schedule.

6.5.1 If the agency and the highest ranked offeror are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, either orally or in writing, terminate negotiations with the contractor. The agency may then negotiate with the next highest ranked contractor.

6.5.2 The negotiation process may continue through successive offerors, according to agency ranking, until an agreement is reached or the agency terminates the contracting process.

6.5.3 Only the response of the vendor awarded work becomes public. Responses to work orders for vendors not selected and the evaluation criteria and scoring for all proposals are not public.

Vendors may submit a redacted copy with the full proposal as stated in Section 1.12 Proprietary Information. SDCL 1-27-1.5 and See SDCL 1-27-1.5 and 1-27-1.6.

7.0 COST PROPOSAL

The Offeror’s cost proposal must address the Scope of Work as outlined in Section 3.0.

DSS Purchase Order #:26SC08_ _ _ _ DSS Contract #: 26-08_ _- _ _ _

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STATE OF SOUTH DAKOTA

SUB-RECIPIENT AGREEMENT

Between

State of South Dakota [NAME OF SUBRECIPIENT] Department of Social Services

[ADDRESS] DIVISION OF ECONOMIC ASSISTANCE

[CITY, STATE, ZIP CODE] 700 Governors Drive [TELEPHONE NUMBER] Pierre, SD 57501-2291

Referred to as Sub-Recipient Referred to as State

The State hereby enters into this agreement (Agreement) for a grant award of Federal financial assistance to Sub-Recipient in consideration of and pursuant to the terms and conditions set forth herein.

A. REQUIRED AUDIT PROVISIONS FOR GRANT AWARDS

1. FEDERAL AWARD IDENTIFICATION:

The pass-through entity requirements, as described in 2 CFR 200.332(b), are attached hereto as Exhibit A and incorporated herein. The information in Exhibit A may change without Sub- Recipient’s consent if there is a change in the award or funding stream. In the event of a change, the State will provide updated information at least annually.

2. PERIOD OF PERFORMANCE OF THIS AGREEMENT:

This agreement shall be effective on October 1, 2025 and will end on September 30, 2026, unless sooner terminated pursuant to the terms hereof.

3. SCOPE OF WORK AND PERFORMANCE PROVISIONS (add an addendum if needed; if an addendum is used it is incorporated herein):

A. The Sub-Recipient will undertake and complete the work or performance described as:

B. If the State will undertake or complete any work or performance under this Agreement it is described as follows:

4. BASIS FOR SUBAWARD AMOUNTS:

This grant is made for the purpose of .

Amount provided by State/Grantor is $ Amount matched by Grantee $ Total Grant Amount $

ATTACHMENT A

DSS Purchase Order #: 26SC08_ _ _ _ DSS Agreement #: 26-08_ _-_ _ _

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Dollars provided by State/Grantor consist of the following:

Non-Federal State dollars $ Federal Pass-Through dollars $

Federal ALN #

5. RISK ASSESSMENTS, MONITORING AND REMEDIES:

Risk assessments will be ongoing throughout the project period. Sub-Recipient agrees to allow the State to monitor Sub-Recipient to ensure compliance with program requirements, to identify any deficiencies in the administration and performance of the award and to facilitate the same.

At the discretion of the State, monitoring may include but is not limited to the following: On-site visits, follow-up, document and/or desk reviews, third-party evaluations, virtual monitoring, technical assistance and informal monitoring such as email and telephone interviews. As appropriate, the cooperative audit resolution process may be applied.

Sub-Recipient agrees to comply with ongoing risk assessments, to facilitate the monitoring process, and further, Sub-Recipient understands and agrees that the requirements and conditions under the grant award may change as a result of the risk assessment/monitoring process.

The State shall evaluate each subrecipient’s fraud risk and risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring.

In the event of noncompliance or failure to perform under the grant award, the State has the authority to apply remedies, including but not limited to: temporarily withholding payments, disallowances, suspension or termination of the federal award, suspension of other federal awards received by Sub-Recipient, debarment, or other remedies including civil and/or criminal penalties as appropriate.

6. RETENTION AND INSPECTION OF RECORDS:

The Sub-Recipient agrees to maintain or supervise the maintenance of records necessary for the proper and efficient operation of the program, including records and documents regarding applications, determination of eligibility (when applicable), the provision of services, administrative costs, and statistical, fiscal, and other information records necessary for reporting and accountability required by the State. The Sub-Recipient shall retain such records for a period of three years after the date of the submission of the final expenditure report. If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. The three-year retention period may be extended upon written notice by the State. Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition. When records are transferred to or maintained by the Federal awarding agency or the State, the three-year retention requirement is not applicable to the Sub-Recipient. In the event Sub-Recipient must report program income

04/25 Page 3 of 16 after the period of performance, the retention period for the records pertaining to the earning of the program income starts from the end of Sub-Recipient's fiscal year in which the program income is earned. In the event the documents and their supporting records consist of indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable, the following applies:

(1) If submitted for negotiation - If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the State) to form the basis for negotiation of the rate, then the three-year retention period for its supporting records starts from the date of such submission. (2) If not submitted for negotiation - If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the State) for negotiation purposes, then the three-year retention period for the proposal, plan, or computation and its supporting records starts from the end of the Sub-Recipient’s fiscal year (or other accounting period) covered by the proposal, plan, or other computation.

The State, through any authorized representative, shall have access to and the right to examine and copy all records, books, papers or documents related to services rendered under this Agreement and shall have access to personnel of the Sub-Recipient for purposes of interview and discussion related to the records, books, papers and documents. State Proprietary Information, which shall include all information disclosed to the Sub-Recipient by the State, shall be retained in Sub-Recipient’s secondary and backup systems and shall remain fully subject to the obligations of confidentiality stated herein until such information is erased or destroyed in accordance with Sub-Recipient’s established record retention policies.

All payments to the Sub-Recipient by the State are subject to site review and audit as prescribed and carried out by the State. Any over payment under this Agreement shall be returned to the State within thirty days after written notification to the Sub-Recipient.

7. AUDIT REQUIREMENTS:

If Sub-Recipient expends $1,000,000 or more in federal awards during the Sub-Recipient’s fiscal year ($750,000 for fiscal years on or before September 30, 2024), the Sub-Recipient must have an audit conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, by an auditor approved by the Auditor General to perform the audit. On continuing audit engagements, the Auditor General’s approval should be obtained annually. Approval of an auditor must be obtained by forwarding a copy of the audit engagement letter to:

Department of Legislative Audit A-133 Coordinator 427 South Chapelle % 500 East Capitol Pierre, SD 57501-5070

If the Sub-Recipient expends less than $1,000,000 during any Sub-Recipient fiscal year, the State may perform a more limited program or performance audit related to the completion of the Agreement objects, the eligibility of services or costs, and adherence to Agreement provisions.

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Audits shall be completed and filed with the Department of Legislative Audit by the end of the nine months following end of the fiscal year being audited.

For either an entity-wide, independent financial audit or an audit under 2 CFR Part 200 Subpart F, the Sub-Recipient shall resolve all interim audit findings to the satisfaction of the auditor.

The Sub-Recipient shall facilitate and aid any such reviews, examinations, agreed upon procedures etc., the State or its contractor(s) may perform.

Failure to complete audit(s) as required, including resolving interim audit findings, will result in the disallowance of audit costs as direct or indirect charges to programs. Additionally, a percentage of awards may be withheld, overhead costs may be disallowed, and/or awards may be suspended, until the audit is completely resolved.

The Sub-Recipient shall be responsible for payment of any and all audit exceptions which are identified by the State. The State may conduct an agreed upon procedures engagement as an audit strategy. The Sub-Recipient may be responsible for payment of any and all questioned costs, as defined in 2 C.F.R. 200.84, at the discretion of the State.

Notwithstanding any other condition of the Agreement, the cooperative audit resolution process…