STATE OF SOUTH DAKOTA

DEPARTMENT OF SOCIAL SERVICES

700 GOVERNORS DRIVE

PIERRE, SD 57501

Family Time & Transportation (Rapid City) PROPOSALS ARE DUE NO LATER THAN APRIL 2nd, 2026

RFP19494 State POC: Kirsten Blachford EMAIL: Kirsten.Blachford@state.sd.us

READ CAREFULLY

FIRM NAME: AUTHORIZED SIGNATURE:

ADDRESS: TYPE OR PRINT NAME:

CITY/STATE: TELEPHONE NO:

ZIP (9 DIGIT): FAX NO:

E-MAIL:

PRIMARY CONTACT INFORMATION

CONTACT NAME: TELEPHONE NO:

FAX NO: E-MAIL:

1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The purpose of this request is to elicit proposals for the provision of supervised family time services in a family-friendly setting in Rapid City, South Dakota, for families whose child(ren) or relative has been removed from their home and placed in the custody of Child Protection Services (CPS). Family Time is completed to facilitate reunification and maintain connections. Submissions should also include the provision of supervised transportation for children and their families to and from the family time service, and to and from appointments as referred by CPS, within the Rapid City area.

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

The Division of Child Protection 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 RFP19494. 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 may be submitted to Kirsten Blachford via email at Kirsten.Blachford@state.sd.us no later than March 5th, 2026. Please place the following in the subject line of your email: “Letter of Intent for

RFP19494”.

1.4 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication 02/26/2026 Letter of Intent to Respond Due Offeror Questions Due

03/05/2026 03/12/2026

Responses to Offeror Questions Request for SFTP folder

03/19/2026 04/01/2026

Proposal Submission 04/02/2026 Oral Presentations/Discussions (if required) Proposal Revisions (if required)

TBD

04/15/2026

Anticipated Award Decision/Contract Negotiation 04/29/2026

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 “RFP19494 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 must be signed, in ink, by an officer of the responder, legally authorized to bind the responder to the proposal, and sealed in the form intended by the respondent. Proposals that are not properly signed may be rejected.

No proposal shall be accepted from, or no contract or purchase order shall be 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.

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 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.

1.11 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 “RFP19494 Inquiries”.

The State will respond to offeror’s inquiries (if required) via e-mail. In addition, all inquiries and the State’s response will be posted on the state’s e-procurement system and the DSS website at https://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.

1.12 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.

1.13 LENGTH OF CONTRACT

The contract resulting from this RFP will be issued for the period of one (1) year ending May 31, 2027, 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.

1.14 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.

1.15 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.

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 as seen in Attachment B BAA.

2.1 The Contractor will perform those services described in the Scope of Work, attached hereto as Section 3 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 ( X )

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

The Department of Social Services vision is Strong Families – South Dakota’s Foundation and Our Future. The purpose of the Division of Child Protection Services is to assure children’s safety, permanency, and well-being. The goal of Child Protection Services is to maintain children’s safety in their homes and when not possible, children may need either a temporary or alternative family setting.

Family time or supervised family visitation is essential for healthy child development, especially for children in foster care, as it helps to maintain parent-child attachment, reduce a child’s sense of abandonment, and preserve a sense of belonging as part of a family and community. A Family Time Plan is developed for children in alternative family settings and ensures frequent and quality interactions. Family time includes face-to-face contact, telephone calls, virtual family time, letters, emails, and attendance at routine activities. By offering a setting for supervised family time, families are able to maintain regular contact, which helps strengthen the bonds between them as they work towards reunification. Family time is most beneficial in various settings outside of a facility, such as family homes, parks, or other familiar environments, whenever it is safe and feasible. Child Protection Services must ensure that the well-being and safety needs of the children in our care are met.

The Black Hills Area Child Protection Services provides family time to almost 500 children each month. There is a need for additional support through supervised family time for families. Additionally, there is a need for transportation to and from supervised family time, as well as to various appointments to meet their educational, medical, or mental health needs. At times, parents also need transportation to family time or appointments.

Child Protection Services (CPS) is seeking a qualified Provider to deliver services in two key areas: Transportation and Family Time.

During State Fiscal Year 2025, the current vendor supervised approximately 1,360 family visits, serving an average of 30 families per month. Transportation services were provided for approximately 1,100 visitations or appointments, with an average of 11,730 miles traveled per month. These contracted services were provided in addition to Family Time and Transportation services directly delivered by the Division of Child Protection Services outside of this contract.

SUPERVISED FAMILY TIME

3.1 The Offeror will provide a child and family-friendly location for family time services between families and children referred by Child Protection Services.

Describe in the RFP how the Offeror will:

3.1.1 Provide a clean, safe, and secure setting for children of all ages to have supervised family time;

3.1.2 Provide a setting that will meet the American Disability Act standards.

3.1.3 Provide for more than one family time service to occur simultaneously;

3.1.4 Provide audio/visual recordings of the family time services for CPS;

3.1.5 Provide for the ability for observation of the family time services by Offeror or CPS staff;

3.1.6 Provide a low to moderate level of supervision as requested by CPS in a comfortable, family-like setting for parents or relatives who have demonstrated the ability to consistently maintain control and can be monitored with limited to moderate supervision. Low-level supervision may include short time periods during which the supervisor is not required to listen, view, or observe the visit.

3.1.7 Provide a more restrictive, high level of supervision as requested by CPS, where the child(ren) cannot be left alone with the parent/caregiver, the supervisor is able to view, listen, and always closely observe interactions between the parent/caregiver and child(ren), and intervene if needed.

High-level supervision is necessary for parents who have been identified to have impending danger threats that are unpredictable or volatile and exhibit one or more of the following:

The parent/caregiver may behave in an inappropriate, threatening, unpredictable way.

There is concern that the parent/caregiver will flee with the child(ren).

The parent/caregiver may be physically or emotionally abusive to the child(ren) during the family time.

The child(ren) is extremely fearful of the parent/caregiver.

3.1.8 Provide flexible scheduling of family time services for the agency that can occur outside the course of a normal business day, to include evenings and weekends.

3.2 The Offeror will provide staff to supervise the family time between the children and family members.

Describe in the RFP how the Offeror will:

3.2.1 Ensure employees have criminal background checks and Central Registry checks completed before working for the family visitation center;

3.2.2 Ensure that employees will be provided with training about child development, family dynamics, and maltreatment of children;

3.2.3 Ensure that employees will be able to determine when a family time service is detrimental and be able to comply with expectations of the Division of Child Protection Services in providing family time services that are safe for the child and in reported suspected abuse or neglect;

3.2.4 Ensure that employees will maintain confidentiality;

3.2.5 Provide technology for employees to communicate with Child Protection Services, both verbally and in writing.

TRANSPORTATION SERVICE

3.3 The Offeror will provide transportation services for parents and children referred by Child Protection Services.

Describe in the RFP how the Offeror will:

3.3.1 Provide vehicles in good repair for transportation with appropriate child safety restraints;

3.3.2 Provide flexible scheduling of transportation services for the agency that can occur outside the course of a normal business day, to include evenings and weekends.

3.3.3 Ensure employees have criminal background checks and Central Registry checks completed before working for the family visitation center;

3.3.4 Comply with child safety restraint requirements, both as outlined in the South Dakota Codified

Law 32-37 and by the Division of Child Protection Services;

3.3.5 Provide transportation employees training to use child restraint systems correctly;

3.3.6 Ensure transportation employees have met legal requirements to drive within South Dakota and that the employees will provide an environment that is safe for the children and families referred by the Division of Child Protection Services;

3.3.7 Provide insurance for the vehicles and other insurance as required.

COMPREHENSIVE MONTHLY REPORTS

3.4 The Offeror will provide Child Protection Services a monthly report detailing:

3.4.1 All scheduled family time: specifying name of case, name of Family Services Specialist scheduling, length and date of supervised family time, length and date of new-client orientation visits not cancelled 24-hours in advance and for no-shows, and family time scheduled but cancelled within the 24-hour advance timeframe

3.4.2 Total number of supervised visits during that month

3.4.3 Total number of families receiving visits that month

3.4.4 Total clients transported that month

3.4.5 Total number of hours of scheduled visits

3.4.6 Total number of hours for room rental by CPS staff (no supervision)

3.4.7 Total amount owed for supervision of visits

3.4.8 Total amount owed for transportation costs- including time spent transporting/supervising, name of person being transported, miles traveled, and total amount due for both mileage and transportation time

PAYMENT FOR SUPERVISED VISTATION AND TRANSPORTATION SERVICES

3.5 The Offeror must provide proposed rates for transportation time and for supervised family time.

3.6 The Offer will describe the system the Offeror will use to document services in order to provide a monthly billing to Child Protection Services, while assuring the mileage, and time for each transportation and family time service is documented separately with the name of the family and the name of the Division of Child Protection Services staff.

PROGRAM RESPONSIBILITIES

3.7 The Offeror must provide assurances of the following program responsibilities and expectations in the proposal:

3.7.1 Confidentiality of Child Protection Services information.

3.7.2 Financial management, including management of multiple funding sources, separate from all other agency funding - an outside accounting firm may be used to meet this requirement.

3.7.3 Allow Child Protection Services to review all financial records related to the contract upon request.

3.7.4 Sound personnel and administrative policies and practices are in place for employees that include an employee manual addressing policies such as sick and annual leave, work adjust hours, overtime, employee review process and expense reimbursement requests.

3.7.5 Each employee is aware of mandatory child abuse and neglect reporting requirements;

3.7.6 Communicate with Child Protection Services on an ongoing basis regarding any concerns regarding the services required under the contract.

3.7.7 Provide Child Protection Services with drafts of press releases, reports, brochures, and other materials related to the contract for approval.

3.7.8 Give credit to Child Protection Services for its funding support on all press releases, reports, brochures, and other materials related to the contract.

3.7.9 Provide telephone service, voice messaging service, email access, internet access, and a general agency email address.

3.8 The Offeror will describe how they meet or exceed the following organization qualities and characteristics:

3.8.1 A history of providing high quality training and consultation at the community level.

3.8.2 Demonstrated experience in collaboration and partnership with DSS.

3.8.3 Demonstrated leadership capability to develop services in collaboration with DSS and/or other provider agencies as well as evaluate services provided as the needs of the State continue to change.

3.8.4 A strong commitment to address cultural diversity.

3.8.5 A history of demonstrated effectiveness in subcontract management and/or lead agency coordination of multiple providers and ability to provide stability for these projects. As well as a description of how challenging issues were addressed within those subcontracts; and

3.8.6 A description of resources, both personnel and non-personnel required to perform all activities of the RFP.

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 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 must submit Attachment C – Cost Proposal Spreadsheet with the proposal for the allocation of various expenses associated with providing services to the State within the scope of their proposal. This proposal must include all cost associated with employee salaries and benefits, for direct and indirect care staff, insurance vehicle costs, facility rent/lease/maintenance costs, office supply costs, utilities, professional fees and contract services, and any other expenses that are deemed necessary to perform the services outlined in this proposal (see Attachment C – Cost Proposal Spreadsheet).

The submitted cost report used to establish rates shall remain in effect throughout the contract period. The reimbursement rate may be adjusted by any inflationary increases provided by the Legislature. If, for any reason, the appropriate funds or grant expenditure authority becomes unavailable to the Division of Child Protection Services, discontinuation of funding will not be a default by the State, nor does it give rise to a claim against the State.

DSS Purchase Order # 27SC08_ _ _ _ DSS Contract #: 27-0800-_ _ _

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STATE OF SOUTH DAKOTA

CONSULTANT SERVICES CONTRACT

Between

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

[ADDRESS] DIVISION OF CHILD PROTECTION

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

Referred to as Consultant Referred to as State

The State hereby enters into this contract (the “Agreement” hereinafter) for consultant services with the Consultant in consideration of and pursuant to the terms and conditions set forth herein.

1. SCOPE OF SERVICES:

The purpose of this contract is to ___. Consultant will perform those services described in the Work Plan, attached hereto as Attachment ___ and by this reference incorporated herein.

2. PERIOD OF PERFORMANCE:

This Agreement shall be effective on June 1, 2026 and will end on May 31, 2027, unless sooner terminated pursuant to the terms of this Agreement.

3. REQUEST FOR PROPOSAL:

This Agreement is the result of the request for proposal (RFP) process: RFP19494

4. PROTECTED HEALTH INFORMATION (PHI):

Does this Agreement involve PHI? Yes

If PHI is involved, a Business Associate Agreement must be attached and is incorporated herein and by this reference made a part hereof. See Attachment ___.

5. USE OF EQUIPMENT, SUPPLIES AND FACILITIES:

Contractor will not use State equipment, supplies or facilities.

6. CONSULTANT IDENTIFICATION:

Upon execution of this Agreement, Consultant will provide the State with Consultant’s Employer Identification Number, Federal Tax Identification Number or Social Security Number.

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7. CONTRACT AMOUNT AND PAYMENT:

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 Consultant's expenses, including but not limited to travel, lodging and meals, 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. Any overpayment of this Agreement shall be returned to the State within thirty (30) days after written notification to Consultant.

8. BILLING:

Consultant agrees to submit a bill for services within (30) days following the month in which services were provided. Consultant will prepare and submit a monthly bill for services. Consultant agrees to submit a final bill within 30 days of the Agreement end date to receive payment for completed services. If a final bill cannot be submitted in 30 days, then a written request for extension of time and explanation must be provided to the State.

9. TECHNICAL ASSISTANCE:

The State agrees to provide technical assistance regarding Department of Social Services rules, regulations and policies to the Consultant and to assist in the correction of problem areas identified by the State’s monitoring activities.

10. IT STANDARDS:

Any service, software or hardware provided under this Agreement will comply with state standards which can be found at https://www.sd.gov/bit?id=bit_standards_overview.

11. INDEMNIFICATION:

Consultant agrees to indemnify the State of South Dakota, its officers, agents, and employees, from and against all claims or proceedings for actions, suits, damages, liabilities, other losses or equitable relief that may arise at least in part as a result of an act or omission in performing services under this Agreement. Consultant shall defend the State of South Dakota, its officers, agents, and employees against any claim, including any claim, action, suit, or other proceeding related to the claim. Consultant’s obligation to indemnify includes the payment of attorney fees and other costs of defense.

In defending the State of South Dakota, its officers, agents, and employees, Consultant shall engage other professionals, subject to the written approval of the State which shall not be unreasonably withheld. Notwithstanding the foregoing, the State may, in its sole discretion and at the expense of Consultant, engage attorneys and other professionals to defend the State of South Dakota, its officers, agents, and employees, or to assist Consultant in the defense. This section does not require Consultant to be responsible for or defend against claims or proceedings for damages, liabilities, losses or equitable relief arising solely from errors or omissions of the State, its officers, agents or employees.

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12. INSURANCE:

At all times during the term of this Agreement, Consultant shall obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

Consultant shall maintain occurrence-based commercial general liability insurance or equivalent form of coverage with a limit of not less than one million dollars ($1,000,000) 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. The insurance policy shall name the State of South Dakota, its officers and employees, as additional insureds, but liability coverage is limited to claims not barred by sovereign immunity. The State of South Dakota, its officers and employees do not hereby waive sovereign immunity for discretionary conduct as provided by law.

B. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

Consultant agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than one million dollars ($1,000,000).

C. Business Automobile Liability Insurance:

Consultant shall maintain business automobile liability insurance or equivalent form with a limit of not less than one million dollars ($1,000,000) for each accident. This insurance shall include coverage for vehicles the consultant makes use of in performing work under this Agreement, whether owned, hired, or non-owned vehicles.

D. Worker’s Compensation Insurance:

Consultant shall procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota or federal law.

For professional, automobile, and worker’s compensation insurance, Consultant bears the responsibility to determine which coverage requirements are applicable and the State shall be entitled to rely on the Consultant’s certificate of insurance. Before beginning work under this Agreement, Consultant shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement including naming the State, its officers and employees, as additional insureds, as set forth above. In the event of a substantial change in insurance, issuance of a new policy, cancellation or nonrenewal of the policy, Consultant agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required. Consultant shall furnish copies of insurance policies if requested by the State.

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13. TERMINATION:

This Agreement may be terminated by either party hereto upon thirty (30) days written notice. In the event Consultant breaches any of the terms or conditions hereof, this Agreement may be terminated by the State at any time with or without notice. Upon termination of this Agreement, all accounts and payments shall be processed according to financial arrangements set forth herein for services rendered to date of termination.

If termination for a breach is affected by the State, any payments due to Consultant at the time of termination may be adjusted to cover any additional costs to the State because of Consultant's breach. Upon termination the State may take over the work and may award another party a contract to complete the work contemplated by this Agreement. If after the State terminates for a breach by Consultant it is determined that Consultant was not at fault, then Consultant shall be paid for eligible services rendered and expenses incurred up to the date of termination.

14. SURVIVAL FOLLOWING TERMINATION:

Any terms of this Agreement that would, by their nature or through the express terms of this Agreement, survive the expiration or termination of this Agreement shall so survive including but not limited to the confidentiality, indemnification, controlling law and venue, and sovereign immunity provisions.

15. FUNDING:

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 upon five (5) business days written notice. Consultant agrees that termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State or any officer, agent or employee of the State, and Consultant waives any claim against the same.

16. CERTIFICATIONS

A. COMPLIANCE WITH EXECUTIVE ORDER 2020-01:

Executive Order 2020-01 provides that for Consultants, vendors, suppliers or subconsultants with five (5) or more employees who enter into a contract with the State that involves the expenditure of one hundred thousand dollars ($100,000) or more, by signing this Agreement Consultant certifies and agrees that it 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 this Agreement, with a person or entity that is either the State of Israel, or a company doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or doing business in the State of Israel, 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

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State to terminate this Agreement. Consultant further agrees to provide immediate written notice to the State if during the term of this Agreement it no longer complies with this certification and agrees such noncompliance may be grounds for termination of this Agreement.

B. COMPLIANCE WITH SDCL ch 5-18A:

Consultant certifies and agrees that the following information is correct:

The bidder or offeror is not an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or…