RFP MED-25-005 Technical Assistance and Program Support for Iowa Medicaid.pdf

MED-25-005

Technical Assistance and Program Support for Iowa Medicaid

Form Date 6/24/20

Request For Proposal (RFP)

Issuing Officer:

Traci McCaughey

Iowa Department of Health and Human Services 321 E 12th Street

Des Moines, IA 50319 Phone: 515-371-2591 rfpmed-25-005@hhs.iowa.gov

Form Date 6/24/20

RFP Purpose.

The purpose of this RFP is to procure a vendor to provide technical assistance, support, and ad hoc analysis for current and new Medicaid programs and the Children’s Health Insurance Program (CHIP) including, but not limited to, the State Plan Amendment (SPA), federal regulations and guidance, 1915(b), 1915(c), 1915(i), and 1115 waivers and waiver renewals, as directed by the Agency.

Duration of Contract.

The Agency anticipates executing a contract that will have an initial 3-year contract term with the ability to extend the contract for 3 additional 1-year terms. The Agency will have the sole discretion to extend the contract.

Procurement Timetable There are no exceptions to any deadlines for the Bidder; however, the Agency reserves the right to change the dates. Times provided are in Central Time.

Event Date

Agency Issues RFP Notice to Targeted Small Business Website (48 hours): June 11, 2024

Agency Issues RFP to Bid Opportunities Website June 11, 2024

Bidder Letter of Intent to Bid Due By June 25, 2024 by 12:00 pm

Question and Response: Round 1 Bidder Written Questions Due By

June 25, 2024 by 12:00 pm

Question and Response: Round 1 Agency Response to Written Questions Issued By

July 2, 2024

Bidder Proposals and any Amendments to Proposals Due By July 23, 2024 by 12:00 pm

Agency Announces Apparent Successful Bidder/Notice of Intent to Award August 30, 2024

Contract Negotiations and Execution of the Contract Completed September 15, 2024

Anticipated Start Date for the Provision of Services October 1, 2024

Section 1 Background and Scope of Work

1.1 Background.

The Iowa Department of Health and Human Services (HHS) is the single State entity responsible for administering the Medicaid program in Iowa. The Iowa Medicaid program reimburses providers for delivery of services to eligible Medicaid recipients under the authority of Title XIX of the Social Security Act through enrolled providers and health plans. The Agency operates this program through its business unit, Iowa Medicaid.

The Agency is also responsible for Iowa’s Children’s Health Insurance Program (CHIP) which includes Healthy and Well Kids in Iowa (Hawki).

Home and Community Based Services (HCBS) are currently delivered through seven 1915(c) waivers that are targeted to specific populations. These 1915(c) waivers include the Elderly Waiver, Persons with HIV/AIDS Waiver, Physical Disabilities Waiver, Brain Injury Waiver, Health and Disability Waiver, Intellectual Disabilities Waiver and the Children’s Mental Health Waiver. Habilitation services are delivered through a 1915(i) waiver.

Iowa also has an 1115 waiver. This waiver covers the Dental Wellness Plan (DWP), retroactive eligibility, a waiver of Non-Emergency Medical Transportation (NEMT) for certain populations, and the Iowa Health and Wellness Plan (IHAWP) which is Iowa’s expansion population serving Iowans who are between the ages of 19-64 who are not eligible under the state Medicaid plan. This waiver is up for renewal and currently expires on 12/31/2024.

The Agency is engaged in a community-based services redesign project that has the potential to significantly change the current Long-Term Services and Supports (LTSS) landscape. The Hope and Opportunity in Many Environments (HOME) Project aims to improve Medicaid mental health and disability services as well as the existing HCBS structure. More information on this project can be found at our website at the following link:

Hope and Opportunity in Many Environments (HOME).

On April 1, 2016, the Iowa Medicaid transitioned to a managed care system., known as IA Health Link. This is under the authority of Iowa’s 1915b waiver. The managed care system’s primary purpose is to improve the quality of care and health outcomes for Medicaid and CHIP enrollees while leveraging the strength and success of current HHS initiatives. Iowa’s Hawki population is served by the same Medicaid MCOs and included in the total MCO population. The Agency is currently operating the IA Health Link program with three (3) Managed Care Organizations (MCOs). Information regarding the current Managed Care Contracts can be found at this link:

https://hhs.iowa.gov/programs/welcome-iowa-medicaid/medicaid-contracts.

On July 1, 2017, the Agency combined dental benefits for all adult enrollees into one (1) Dental Wellness Plan (DWP), delivered via Prepaid Ambulatory Health Plans (PAHPs). In addition, the Agency provided children’s dental coverage through various packages. Medicaid children under the age of 19 received comprehensive dental coverage on an FFS basis and Hawki children received dental coverage through a PAHP. Hawki also has a dental-only program for children with other health coverage.

Effective July 1, 2021, all Medicaid children under the age of 19 have been transitioned from the previous dental fee-for-service delivery system and began receiving dental benefits through the currently contracted PAHPs. The Agency worked to enroll children in PAHPs to better coordinate dental care for children and help promote oral health in an accessible and cost-effective manner. The Agency currently contracts with two (2) PAHPs to deliver dental benefits. These current contracts can be found at this link: https://hhs.iowa.gov/programs/welcome-iowa-medicaid/medicaid-contracts.

Form Date 6/24/20

1.2 RFP General Definitions.

When appearing as capitalized terms in this RFP, including attachments, the following quoted terms (and the plural thereof, when appropriate) have the meanings set forth in this section.

“Agency” means the Iowa Department of Health and Human Services (HHS).

“Bid Proposal” or “Proposal” means the Bidder’s proposal submitted in response to the RFP.

“Bidder” means the entity that submits a Bid Proposal in response to this RFP.

“Business Hours” means 8:00 AM thru 5:00 PM Central Standard Time (CST), Monday through Friday, excluding state holidays.

“Contractor” means the Bidder who enters into a Contract as a result of this Solicitation.

“Deliverables” means all of the services, goods, products, work, work product, data (including data collected on behalf of the Agency), items, materials and property to be created, developed, produced, delivered, performed, or provided by or on behalf of, or made available through, the Contractor (or any agent, contractor or subcontractor of the Contractor) in connection with any contract resulting from this RFP.

“Invoice” means a Contractor’s claim for payment. At the Agency’s discretion, claims may be submitted on an original invoice from the Contractor or may be submitted on a claim form accepted by the Agency, such as a General Accounting Expenditure (GAX) form.

1.3 Scope of Work.

1.3.1 Deliverables.

The Contractor shall provide the following:

1.3.1.1 General Obligations

A. Staffing.

1. The Contractor shall designate individuals as “key personnel,” subject to Agency continued approval. The Agency reserves the right to interview any and all candidates for named key positions prior to approving the personnel. Special requirements for key personnel are as follows:

a. Account Manager. Responsible for the overall service delivery of the team, complying with contractual requirements and meeting the Agency’s expectations. The Account Manager shall be responsible for Contract compliance and general project oversight.

Minimum qualifications include:

i. Three years of experience in account management or major supervisory role for government or in the private sector as a healthcare payer or provider.

ii. Bachelor’s Degree or at least 4 years relevant experience to the position.

iii. Previous management experience with Medicaid, specifically Medicaid managed care, LTSS, medical services, behavioral health, utilization management, coding, and billing. Knowledge of HIPAA rules and requirements is desired.

b. Project Manager. Responsible for daily project management and supervision. The Project Manager shall represent the Contractor and be the primary liaison with the Agency. The Project Manager must collaborate, cultivate and promote professionalism with the Agency, other Iowa Medicaid Units, and stakeholders. Minimum qualifications include:

Form Date 6/24/20

i. Four years of experience managing a major component of a healthcare operation in an environment similar in scope and volume to the Iowa Medicaid program. The experience shall include federal requirements for HCBS waiver programs.

ii. Bachelor’s Degree or equivalent relevant experience to the position.

c. Subject Matter Experts. Responsible for activities assigned by the Project Manager.

Minimum qualifications include:

i. Four years of experience working with HCBS waiver programs requirements.

ii. Bachelor’s Degree or equivalent relevant experience to the position.

2. Be committed to the project as evidenced by:

a. Demonstrate availability during normal Business Hours to respond to questions and concerns related to the Contract.

b. While the Agency anticipates work will be conducted remotely, the Agency may request face-to-face meetings and expect attendance. When face-to-face meetings are requested, Contractor and Agency will mutually agree on timing, location, and Contractor’s ability to attend in person.

c. Provide policy advice and support to the Agency including but not limited to program expertise, research, data collection, analysis and recommendations. Participate in meetings with the Agency as subject matter experts.

d. Prepare and present status updates periodically to the Agency and other stakeholders, as requested by the Agency. Updates to include but not limited to status of specific projects in process; updates on federal actions such as initiatives, guidance anticipated and summaries of activities in other states that are of interest to the Iowa program staff.

e. Comply with all timelines in the Agency-approved project work plans.

f. Develop and maintain a plan for job rotation and knowledge transfer to ensure that all functions can be adequately performed during the absence of key personnel for vacation and other reasons. Any planned absences of key personnel shall be immediately communicated to the Agency. The Contractor shall ensure staff are trained and able to perform the functions of key positions when the primary staff member is absent.

3. The Agency requires right of prior approval for any replacement of the key personnel:

a. The Contractor must commit named key personnel to the contract for at least six (6) months. The Contractor must not replace key personnel during this period except in cases of termination, death, or the key person’s resignation.

b. The Contractor shall provide the Agency with a minimum of fifteen (15) calendar days’ notice prior to any proposed transfer or replacement of named key personnel. At the time of providing notice, the Contractor shall also provide the Agency with the resumes and references of the proposed replacement of named key personnel.

c. Replacement personnel shall be in place performing their new functions before the departure of the personnel they are replacing.

d. Replacement personnel shall have knowledge transfer, experience, and ability comparable to the person originally in the position.

e. The Agency may waive requirements (a) through (d) above upon presentation of good cause by the Contractor. In those instances when good cause is granted by the Agency, the Contractor shall replace key personnel within thirty (30) calendar days of the departure of a key person, unless otherwise approved by the Agency, and provide temporary personnel in the interim that can maintain operational performance at acceptable levels.

Form Date 6/24/20

1.3.1.2 Task Area 1. Technical Assistance and Support for Federal and State Program Changes Contractor duties include, but are not limited to:

A. Complete analysis of required or proposed state or federal legislative policy changes impacting the Iowa Medicaid programs. Analysis could include but is not limited to research, data collection, impacts to Iowa program and recommendations Timeframe for completion as indicated by the State.

B. Complete analysis of federal sub-regulatory guidance and program clarifications issued by the Centers for Medicare and Medicaid Services (CMS) for impacts to the Iowa Medicaid and Children’s Health Insurance Program (CHIP). Timeframe for completion as indicted by the State.

C. Present to the Agency on policy options and draft work plans to guide the State’s implementation of program changes. Information to be presented as scheduled by the State based on the need of the project or TA request made.

D. Research and identification of Medicaid and CHIP program national best practice standards for State leadership consideration. To be completed on federal initiatives issued, and upon request of the State.

E. Serve as the technical resource to State staff using Contractor’s expertise. The vendor is expected to anticipate CMS questions and provide guidance to the state resulting in decreasing delays in CMS approval timelines.

1.3.1.3 Task Area 2 Policy Support Services to Ensure Federal Compliance Contractor duties include, but are not limited to:

A. Provide support for policy development of State initiatives impacting Medicaid and CHIP, as requested.

The support could include but is not limited to program expertise, research, data collection, analysis and recommendations.

B. Provide policy guidance to Agency staff to support ongoing operations of Iowa’s current Medicaid and CHIP programs. Upon request, policy guidance could include, but is not limited to comparing new federal guidance or regulation change to current policy and identifying impacts to Iowa’s current policies or operations; assist state SME’s in understanding federal guidance or regulations; vendor; identifying and locating federal references and state references for requested policy areas.

C. Assist in drafting required federal authority documents necessary to secure federal approval for new or updated Medicaid or CHIP policy changes, including, but not limited to:

a. State Plan Amendments (SPAs)

b. Section 1115 Demonstration Waivers

c. Section 1915(b) Waivers

d. Section 1915(c) Waivers

e. Section 1915(i) Waivers

f. Public and Tribal Notices

D. Assist in drafting state-specific documents for program implementation, including, but not limited to:

a. State administrative rules.

b. Communications to Medicaid or CHIP Members, Medicaid providers, and other interested stakeholders.

c. Draft work plans for policy implementation.

E. Assist State staff in responding to Federal inquiries regarding Medicaid and CHIP programs.

F. Provide policy guidance and requested support to Agency staff regarding required federal reporting.

G. Participate in meetings and calls with State staff, CMS staff and other federal or state partners.

H. Facilitate weekly calls with State staff and the Contractor, including drafting agendas and taking notes.

I. Serve as a technical resource to state SME’s which could include but is not limited to reviewing drafts of administrative rules; member and provider communications; and briefing documents to be shared with other stakeholders. As a technical resource, this will ensure federal requirements are appropriately addressed.

Form Date 6/24/20

1.3.1.4 Task Area 3 Ad Hoc Analysis

Contractor duties include, but are not limited to:

A. Provide policy impact analyses to support review of proposed policy changes. Analyses shall either be completed fully by the Contractor or by Contractor review and comment on analyses performed by the Agency. Timeframes for completion to be determined by the state.

B. Provide other analyses as identified by the Agency.

1.3.2 Performance Measures.

A. Contractor shall provide Deliverables as outlined in Section 1.3.1 as requested by the Agency.

B. Each Deliverable provided shall include all required and requested elements as determined by the

Agency and agreed upon by the Agency and Contractor.

C. Deliverables shall be considered completed only upon review and acceptance by the Agency.

D. Contractor shall provide Deliverables to the Agency and CMS that are free from grammatical, formatting, or technical errors and come to logical conclusions.

E. Contractor shall provide Deliverables in an Agency approved format and in accordance with timeframes established by the Agency 100% of the time.

F. Contractor shall respond to Agency communications (i.e. emails, telephone calls, etc.) within eight (8) business hours of receipt.

G. Contractor shall provide agendas for all Contractor facilitated meetings at minimum eight (8) business hours prior to scheduled meetings.

H. Contractor shall provide notes for all Contractor facilitated meetings within eight (8) business hours of the conclusion of the meeting.

1.3.3 Contract Payment Methodology.

The Contractor will be paid at an individual rate per hour for off-site work, as set forth in Attachment F. Rates shall include all administrative expenses. Invoices will be itemized and billed for each month they are incurred throughout the term of the Contract. Contractor may not bill for any time staff are in travel status.

For on-site work, the Contractor will be paid a lump-sum amount, as set forth in Attachment F. No additional expenses will be paid to the Contractor for work associated with on-site work. Identification of the on-site lump-sum rate (one day, two day, etc.) is a per person rate based on meeting days.

The Contractor shall itemize costs per task area each month, broken out by hours. The Contractor will submit the monthly invoice that includes a summary of off-site hours and lump-sum visits for on-site work.

Section 2 Basic Information About the RFP Process

2.1 Issuing Officer.

The Issuing Officer is the sole point of contact regarding the RFP from the date of issuance until selection of the successful Bidder. The Issuing Officer for this RFP is:

Traci McCaughey 321 E 12th Street Des Moines, IA 50319 Phone: 515-829-5674 rfpmed-25-005@hhs.iowa.gov

2.2 Restriction on Bidder Communication.

From the issue date of this RFP until announcement of the successful Bidder, the Issuing Officer is the point of contact regarding the RFP. There may be no communication regarding this RFP with any State employee other than the Issuing Officer, except at the direction of the Issuing Officer or as otherwise noted in the RFP. This section shall not be construed as restricting communications related to the administration of any contract currently in effect between a Contractor and the Agency.

The Issuing Officer will respond only to questions regarding the procurement process. Questions pertaining to the interpretation of this RFP may be submitted in accordance with the Questions, Requests for Clarification, and Suggested Changes section of this RFP.

2.3 Downloading the RFP from the Internet.

The RFP and any related documents such as amendments or attachments (collectively the “RFP”), and responses to questions will be posted at the State of Iowa’s website for bid opportunities:

http://bidopportunities.iowa.gov/. Check this website periodically for any amendments to this RFP. The posted version of the RFP is the official version. The Agency will only be bound by the official version of the RFP document(s). Bidders should ensure that any downloaded documents are in fact the most up to date and are unchanged from the official version.

2.4 Reserved. (Online Resources)

2.5 Intent to Bid.

The Agency requests that Bidders provide their intent to bid by email to the Issuing Officer by the date and time in the Procurement Timetable. The Bidder may wish to request confirmation of receipt of the email from the Issuing Officer to ensure delivery. Do not submit letters of intent by mail, shipping service, or hand delivery. The intent to bid should include the Bidder's name, contact person, mailing address, email address, telephone number, and a statement of intent to submit a bid in response to this RFP. Though it is not mandatory that the Agency receive an intent to bid, the Agency will only respond to questions about the RFP that have been submitted by Bidders who have expressed their intent to bid. The Agency may cancel an RFP for lack of interest based on the number of letters of intent to bid received.

2.6 Reserved. (Bidders’ Conference)

2.7 Questions, Requests for Clarification, and Suggested Changes.

Bidders who have provided their intent to bid on the RFP are invited to submit written questions, requests for clarifications, and/or suggestions for changes to the specifications of this RFP (hereafter “Questions”) by the due date and time provided in the Procurement Timetable. Bidders are not permitted to include assumptions in their Bid Proposals. Instead, Bidders shall address any perceived ambiguity regarding this RFP through the question and answer process. If the Questions pertain to a specific section of the RFP, the page and section

Form Date 6/24/20 number(s) must be referenced. Bidders shall submit questions to the Issuing Officer by email. The Bidder may wish to request confirmation of receipt from the Issuing Officer to ensure delivery. Do not submit questions by mail, shipping service, or hand delivery.

The Agency will post responses to questions received on the State’s website at: http://bidopportunities.iowa.gov/ by the dates provided in the Procurement Timetable. Follow-up questions to initial responses are permissible as long as all questions are received by the final due date and time for Bidder Questions as provided in the Procurement Timetable.

The Agency assumes no responsibility for verbal representations made by its officers or employees unless such representations are confirmed in writing and incorporated into the RFP. In addition, the Agency’s written responses to Questions will not be considered part of the RFP. If the Agency decides to change the RFP, the Agency will issue an amendment.

2.8 Submission of Bid Proposal.

Each Bidder is responsible for ensuring that the Issuing Officer receives the Bid Proposal by the time and date specified in the Procurement Timetable at the address provided in the RFP for the Issuing Officer. The Agency will not waive this mandatory requirement. Any Bid Proposal received after this deadline will be rejected and will not be evaluated.

Bid Proposals are to be submitted in accordance with the Bid Proposal Formatting section of this RFP. Bid Proposals may not be hand-delivered to the Issuing Officer. Rather, Bid Proposals are to be mailed through the postal service or shipping service.

2.9 Amendment to the RFP and Bid Proposal.

Each Bidder is responsible for ensuring that the Issuing Officer receives the Bid Proposal and any permitted amendments by the established deadlines at the address provided in the RFP for the Issuing Officer.

Amendments must be received utilizing the same delivery method as set forth in the RFP for the submission of the original Bid Proposal.

Bidders may amend a previously submitted Bid Proposal at any time before the bid submission date and time.

Any such amendment must be in writing and signed by the Bidder. The Bidder shall provide the same number of copies of the amended Bid Proposal as is required for the original Bid Proposal, for both hardcopy and electronic copies, in accordance with the Bid Proposal Formatting Section.

The Agency reserves the right to amend or provide clarifications to the RFP at any time. RFP amendments will be posted to the State’s website at http://bidopportunities.iowa.gov/. If an RFP amendment occurs after the closing date for receipt of Bid Proposals, the Agency may, in its sole discretion, allow Bidders to amend their Bid Proposals.

2.10 Withdrawal of Bid Proposal.

The Bidder may withdraw its Bid Proposal prior to the closing date for receipt of Bid Proposals by submitting a written request to withdraw signed by the Bidder, scanned, then emailed to the Issuing Officer. The Bidder should request confirmation of receipt of the email from the Issuing Officer to ensure delivery.

2.11 Costs of Preparing the Bid Proposal.

The costs of preparation and delivery of the Bid Proposal are solely the responsibility of the Bidder.

Form Date 6/24/20

2.12 Rejection of Bid Proposals.

The Agency reserves the right to reject any or all Bid Proposals, in whole and in part, and to cancel this RFP at any time prior to the execution of a written contract. Issuance of this RFP in no way constitutes a commitment by the Agency to award or enter into a contract.

2.13 Review of Bid Proposals.

Only Bidders that meet the mandatory requirements and are not subject to disqualification will be considered for award of a contract.

2.13.1 Mandatory Requirements.

Bidders must meet these mandatory requirements or will be disqualified and not considered for award of a contract:

The Issuing Officer must receive the Bid Proposal, and any amendments thereof, prior to or on the due date and time (See RFP Sections 2.8 and 2.9).

The Bidder is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from receiving federal funding by any federal department or agency (See RFP Additional Certifications Attachment).

The Bidder’s Cost Proposal adheres to any pricing restrictions regarding the project budget or administrative costs (See RFP Section 3.3).

2.13.2 Reasons Proposals May be Disqualified.

Bidders are expected to follow the specifications set forth in this RFP. However, it is not the Agency’s intent to disqualify Bid Proposals that suffer from correctible flaws. At the same time, it is important to maintain fairness to all Bidders in the procurement process. Therefore, the Agency reserves the discretion to permit cure of variances, waive variances, or disqualify Bid Proposals for reasons that include, but may not be limited to, the following:

Bidder initiates unauthorized contact regarding this RFP with employees other than the Issuing Officer (See RFP Section 2.2);

Bidder fails to comply with the RFP’s formatting specifications so that the Bid Proposal cannot be fairly compared to other bids (See RFP Section 3.1);

Bidder fails, in the Agency’s opinion, to include the content required for the RFP;

Bidder fails to be fully responsive in the Bidder’s Approach to Meeting Deliverables Section, states an element of the Scope of Work cannot or will not be met, or does not include information necessary to substantiate that it will be able to meet the Scope of Work specifications (See RFP Section 3.2.3);

Bidder’s response materially changes Scope of Work specifications;

Bidder fails to submit the RFP attachments containing all signatures (See RFP Section 3.2.6);

Bidder marks entire Bid Proposal confidential, makes excessive claims for confidential treatment, or identifies pricing information in the Cost Proposal as confidential (See RFP Section 3.1);

Bidder includes assumptions in its Bid Proposal (See RFP Section 2.7); or Bidder fails to respond to the Agency’s request for clarifications, information, documents, or references that the Agency may make at any point in the RFP process.

Bidder is a “scrutinized company” included on a “scrutinized company list” created by a public fund pursuant to Iowa Code §12J. This list is maintained by the Iowa Public Employees’ Retirement System.

The list is currently found here: https://ipers.org/investments/restrictions.

The determination of whether or not to disqualify a proposal and not consider it for award of a contract for any of these reasons, or to waive or permit cure of variances in Bid Proposals, is at the sole discretion of the Agency.

No Bidder shall obtain any right by virtue of the Agency’s election to not exercise that discretion. In the event the Agency waives or permits cure of variances, such waiver or cure will not modify the RFP specifications or

Form Date 6/24/20 excuse the Bidder from full compliance with RFP specifications or other contract requirements if the Bidder enters into a contract.

2.14 Bid Proposal Clarification Process.

The Agency may request clarifications from Bidders for the purpose of resolving ambiguities or questioning information presented in the Bid Proposals. Clarifications may occur throughout the Bid Proposal evaluation process. Clarification responses shall be in writing and shall address only the information requested. Responses shall be submitted to the Agency within the time stipulated at the occasion of the request.

2.15 Verification of Bid Proposal Contents.

The contents of a Bid Proposal submitted by a Bidder are subject to verification.

2.16 Reference Checks.

The Agency reserves the right to contact any reference to assist in the evaluation of the Bid Proposal, to verify information contained in the Bid Proposal, to discuss the Bidder’s qualifications, and/or to discuss the qualifications of any subcontractor identified in the Bid Proposal.

2.17 Information from Other Sources.

The Agency reserves the right to obtain and consider information from other sources concerning a Bidder, such as the Bidder’s capability and performance under other contracts, and the Bidder’s authority and ability to conduct business in the State of Iowa. Such other sources may include subject matter experts.

2.18 Criminal History and Background Investigation.

The Agency reserves the right to conduct criminal history and other background investigations of the Bidder, its officers, directors, shareholders, or partners and managerial and supervisory personnel retained by the Bidder for the performance of the resulting contract. The Agency reserves the right to conduct criminal history and other background investigations of the Bidder’s staff and subcontractors providing services under the resulting contract.

2.19 Disposition of Bid Proposals.

Opened Bid Proposals become the property of the Agency and will not be returned to the Bidder. Upon issuance of the Notice of Intent to Award, the contents of all Bid Proposals will be in the public domain and be open to inspection by interested parties subject to exceptions provided in Iowa Code chapter 22 or other applicable law.

2.20 Public Records and Request for Confidential Treatment.

Original information submitted by a Bidder may be treated as public information by the Agency following the conclusion of the selection process unless the Bidder properly requests that information be treated as confidential at the time of submitting the Bid Proposal. See the Bid Proposal Formatting Section for the proper method for making such requests. The Agency’s release of information is governed by Iowa Code chapter 22.

Bidders are encouraged to familiarize themselves with Chapter 22 before submitting a Bid Proposal. The Agency will copy public records as required to comply with public records laws.

The Agency will treat the information marked confidential as confidential information to the extent such information is determined confidential under Iowa Code chapter 22 or other applicable law by a court of competent jurisdiction. However, the Bidder shall certify by signing and returning RFP Attachment B its understanding that any Agency references to Bid Proposal information marked confidential made during the evaluation process may become part of the public domain.

Form Date 6/24/20

In the event the Agency receives a request for information marked confidential, written notice shall be given to the Bidder seventy-two (72) hours prior to the release of the information to allow the Bidder to seek injunctive relief pursuant to Iowa Code § 22.5 or 22.8.

The Bidder’s failure to request confidential treatment of material pursuant to this section and the relevant law will be deemed, by the Agency and State personnel, as a waiver of any right to confidentiality that the Bidder may have had.

2.21 Copyrights.

By submitting a Bid Proposal, the Bidder agrees that the Agency may copy the Bid Proposal for purposes of facilitating the evaluation of the Bid Proposal or to respond to requests for public records. By submitting a Bid Proposal, the Bidder acknowledges that additional copies may be produced and distributed, and represents and warrants that such copying does not violate the rights of any third party. The Agency shall have the right to use ideas or adaptations of ideas that are presented in the Bid Proposals.

2.22 Release of Claims.

By submitting a Bid Proposal, the Bidder agrees that it shall not bring any claim or cause of action against the Agency based on any misunderstanding concerning the information provided herein or concerning the Agency's failure, negligent or otherwise, to provide the Bidder with pertinent information as intended by this RFP.

2.23 Reserved. (Presentations)

2.24 Notice of Intent to Award.

Notice of Intent to Award will be sent to all Bidders that submitted a Bid Proposal by the due date and time. The Notice of Intent to Award does not constitute the formation of a contract between the Agency and the apparent successful Bidder.

2.25 Acceptance Period.

The Agency shall make a good faith effort to negotiate and execute the contract. If the apparent successful Bidder fails to negotiate and execute a contract, the Agency may, in its sole discretion, revoke the Notice of Intent to Award and negotiate a contract with another Bidder or withdraw the RFP. The Agency further reserves the right to cancel the Notice of Intent to Award at any time prior to the execution of a written contract.

2.26 Review of Notice of Disqualification or Notice of Intent to Award Decision.

Bidders may request reconsideration of either a notice of disqualification or notice of intent to award decision by submitting a written request to the Agency:

Bureau Chief c/o Bureau of Service Contract Support Department of Health and Human Services

Lucas State Office Building 321 E 12th Street Des Moines, Iowa 50319-0075 email: reconsiderationrequest@dhs.state.ia.us

The Agency must receive the written request for reconsideration within five days from the date of the notice of disqualification. The written request may be emailed or delivered by postal service or other shipping service.

Do not deliver any requests for reconsideration to the office in person. It is the Bidder’s responsibility to ensure that the request for reconsideration is received prior to the deadline. Postmarking or submission to a shipping service by the due date shall not substitute for actual receipt of a request for reconsideration by the Agency.

The request for reconsideration shall clearly and fully identify all issues being contested by reference to the page and section number of the RFP. If a Bidder submitted multiple Bid Proposals and requests that the Agency reconsider a notice of disqualification or notice of intent to award decision for more than one Bid Proposal, a separate written request shall be submitted for each. At the Agency’s discretion, requests for reconsideration from the same Bidder may be reviewed separately or combined into one response. The Agency will expeditiously address the request for reconsideration and issue a decision. The Bidder may choose to file an appeal with the Agency within five days of the date of the decision on reconsideration in accordance with 441 IAC 7.41 et seq.

2.27 Definition of Contract.

The full execution of a written contract shall constitute the making of a contract for services and no Bidder shall acquire any legal or equitable rights relative to the contract services until the contract has been fully executed by the apparent successful Bidder and the Agency.

2.28 Choice of Law and Forum.

This RFP and the resulting contract are governed by the laws of the State of Iowa without giving effect to the conflicts of law provisions thereof. Changes in applicable laws and rules may affect the negotiation and contracting process and the resulting contract. Bidders are responsible for ascertaining pertinent legal requirements and restrictions. Any and all litigation or actions commenced in connection with this RFP shall be brought and maintained in the appropriate Iowa forum.

2.29 Restrictions on Gifts and Activities.

Iowa Code chapter 68B restricts gifts that may be given or received by state employees and requires certain individuals to disclose information concerning their activities with state government. Bidders must determine the applicability of this Chapter to their activities and comply with the requirements. In addition, pursuant to Iowa Code § 722.1, it is a felony offense to bribe or attempt to bribe a public official.

2.30 Exclusivity.

Any contract resulting from this RFP shall not be an exclusive contract.

2.31 No Minimum Guaranteed.

The Agency anticipates that the selected Bidder will provide services as requested by the Agency. The Agency does not guarantee that any minimum compensation will be paid to the Bidder or any minimum usage of the Bidder’s services.

2.32 Use of Subcontractors.

The Agency acknowledges that the selected Bidder may contract with third parties for the performance of any of the Contractor’s obligations. The Agency reserves the right to provide prior approval for any subcontractor used to perform services under any contract that may result from this RFP.

2.33 Bidder Continuing Disclosure Requirement.

To the extent that Bidders are required to report incidents when responding to this RFP related to damages, penalties, disincentives, administrative or regulatory proceedings, founded child or dependent adult abuse, or felony convictions, these matters are subject to continuing disclosure to the Agency. Incidents occurring after submission of a Bid Proposal, and with respect to the successful Bidder after the execution of a contract, shall be disclosed in a timely manner in a written statement to the Agency. For purposes of this subsection, timely means within thirty (30) days from the date of conviction, regardless of appeal rights.

Form Date 6/24/20

Section 3 How to Submit A Bid Proposal: Format and Content Specifications These instructions provide the format and technical specifications of the Bid Proposal and are designed to facilitate the submission of a Bid Proposal that is easy to understand and evaluate.

3.1 Bid Proposal Formatting.

Subject Specifications Paper Size 8.5" x 11" paper (one side only). Charts or graphs may be provided on legal-sized paper.

Font Bid Proposals must be typewritten. The font must be 11 point or larger (excluding charts, graphs, or diagrams). Acceptable fonts include Times New Roman, Calibri and Arial.

Page Limit Pages included in Proposal Tab 3 and any attachments the Bidder creates in a “Tab 3 Attachments” section is limited to 100 pages. See Section 3.2 for further information about Tab 3 Attachments.

Pagination All pages in Proposal Tabs 1-5 are to be sequentially numbered from beginning to end (do not number these Proposal sections independently of each other). The contents in Proposal Tab 6 may be numbered independently of other sections.

Bid Proposal General Composition

Bid Proposals shall be divided into two parts: Technical Proposal and Cost Proposal.

Technical Proposals submitted in multiple volumes shall be numbered in the following fashion: 1 of 4, 2 of 4, etc.

Bid Proposals must be bound and use tabs to label sections.

Envelope Contents and Labeling

Envelopes shall be addressed to the Issuing Officer.

The envelope containing the original Bid Proposal shall be labeled “original.” The

Technical and Cost Proposal must be packaged separately.

Number of Hard Copies

Submit one (1) original hard copy of the Proposal (separate Technical and Cost proposals). The original hard copy must contain original signatures.

USB Flash Drive

The Technical Proposal and Cost Proposal must be provided on separate USB flash drives. Bidders shall submit two (2) flash drives, each with a copy identical to the content of the original hard copy of the Technical Proposal and two (2) flash drives of the Cost Proposal, each with a copy identical to the content of the original hard copy of the Cost Proposal.

The Technical Proposal must be saved in less than three files, with a preference for the entire Technical Proposal in one file. Proposals shall be provided in either PDF or Microsoft Word format. Files shall be text-based and not scanned image(s) and shall be searchable and not password protected or contain restrictions that prevent copying, saving, highlighting, or printing of the contents.

Request for Confidential Treatment

Requests for confidential treatment of any information in a Bid Proposal must meet these specifications:

The Bidder will complete the appropriate section of the Primary Bidder Detail Form &

Certification which requires the specific statutory citation supporting the request for confidential treatment and an explanation of why disclosure of the information is not in the best interest of the public.

The Bidder shall submit one complete paper copy of the Bid Proposal from which confidential information has been redacted. This copy shall be clearly labeled on the cover as a “public copy” and each page upon which confidential information appears shall be conspicuously marked as containing confidential information. The confidential material shall be redacted in such a way as to allow the public to determine the general nature of the material removed. To the extent possible, pages

Form Date 6/24/20

Subject Specifications should be redacted sentence by sentence unless all material on a page is clearly confidential under the law. The Bidder shall not identify the entire Bid Proposal as confidential.

The Cost Proposal will be part of the ultimate contract entered into with the successful Bidder. Pricing information may not be designated as confidential material. However, Cost Proposal supporting materials may be marked confidential if consistent with applicable law.

The transmittal letter may not be marked confidential.

The Bidder shall submit a USB flash drive containing an electronic copy of the Bid

Proposal from which confidential information has been redacted. This USB flash drive shall be clearly marked as a “public copy”.

The Technical Proposal must be saved in less than three files, with a preference for the entire Technical Proposal in one file. Proposals shall be provided in either PDF or Microsoft Word format. Files shall be text-based and not scanned image(s) and shall be searchable and not password protected or contain restrictions that prevent copying, saving, highlighting, or printing of the contents.

Exceptions to RFP/Contract Language

If the Bidder objects to any term or condition of the RFP or attached Sample Contract, specific reference to the RFP page and section number shall be made in the Primary Bidder Detail & Certification Form. In addition, the Bidder shall set forth in its Bid Proposal the specific language it proposes to include in place of the RFP or contract provision and cost savings to the Agency should the Agency accept the proposed language.

The Agency reserves the right to either execute a contract without further negotiation with the successful Bidder or to negotiate contract terms with the selected Bidder if the best interests of the Agency would be served.

3.2 Contents and Organization of Technical Proposal.

This section describes the information that must be in the Technical Proposal. Bid Proposals should be organized into sections in the same order provided here. Hard copies of Bid Proposals should use tabs to separate each section. If a Bidder chooses to provide information in attachments to respond to any section below, please create a new tabbed attachment section immediately behind the applicable section. For example, to add attachments related to information asked for in Section 3.2.3 Information to Include Behind Tab 3:

Bidder’s Approach to Meeting Deliverables, the Bidder would create a new tab in the Technical Proposal that is called Tab 3 Attachments and place the attachment(s) there. The Bidder would follow suit by creating new tabbed sections for attachments created to respond to any other section below in their bid proposal.

3.2.1 Information to Include Behind Tab 1:

Transmittal Letter.

The transmittal letter serves as a cover letter for the Technical Proposal. It must consist of an executive summary that briefly reviews the strengths of the Bidder and key features of its proposed approach to meet the specifications of this RFP.

3.2.2 Information to Include Behind Tab 2: Proposal Table of Contents.

The Bid Proposal must contain a table of contents.

3.2.3 Information to Include Behind Tab 3: Bidder’s Approach to Meeting Deliverables.

The Bidder shall address each Deliverable that the successful contractor will perform as listed in Section 1.3, Scope of Work, by first restating the Deliverable from the RFP and then detailing the Bidder’s planned approach

Form Date 6/24/20 to meeting each contractor Deliverable immediately after the restated text. Bid responses should provide sufficient detail so that the Agency can understand and evaluate the Bidder’s approach and should not merely repeat the Deliverable.

Bidders are given wide latitude in the degree of detail they offer or the extent to which they reveal plans, designs, examples, processes, and procedures. Bidders do not need to address any responsibilities that are specifically designated as Agency responsibilities.

Note:

Responses to Deliverables shall be in the same sequence as presented in the RFP.

Bid Proposals shall identify any deviations from the specifications the Bidder cannot satisfy.

Bid Proposals shall not contain promotional or display materials unless specifically required.

If a Bidder proposes more than one method of meeting the RFP requirements, each method must be drafted and submitted as separate Bid Proposals. Each will be evaluated separately.

3.2.4 Information to Include Behind Tab 4: Bidder’s Experience.

3.2.4.1 Level of technical experience in providing the types of services sought by the RFP.

3.2.4.2 Description of all services similar to those sought by this RFP that the Bidder has provided to the Agency and other businesses or governmental entities within the last twenty-four (24) months.

3.2.4.3 Letters of reference from three (3) of the Bidder’s previous clients knowledgeable of the Bidder’s performance in providing services similar to those sought in this RFP, including a contact person, telephone number, and email address for each reference. It is preferred that letters of reference are provided for services that were procured in a competitive environment. Form letters of reference that do not elaborate on the Bidder’s performance under the specific relationships addressed in the reference letter may negatively impact the Bidder’s evaluation/score. Persons who are currently employed by the Agency are not eligible to be references.

3.2.4.4 Description of experience managing subcontractors, if the Bidder proposes to use subcontractors.

3.2.5 Information to Include Behind Tab 5: Personnel.

The Bidder shall provide the following information regarding personnel:

3.2.5.1 Tables of Organization.

Illustrate the lines of authority in two tables:

One showing overall operations.

One showing staff who will provide services under the RFP.

3.2.5.2 Names and Credentials of Key Corporate Personnel.

Include the names and credentials of the owners and executives of your organization and, if applicable, their roles on this project.

Include names of the current board of directors, or names of all partners, as applicable.

Include resumes for all key corporate, administrative, and supervisory personnel who will be involved in providing the services sought by this RFP. The resumes should include: name, education, years of experience, and employment history, particularly as it relates to the scope of services specified herein.

Resumes shall not include social security numbers.

3.2.5.3 Information About Project Manager and Key Project Personnel.

Include names and credentials for the project manager and any additional key project personnel who will be involved in providing services sought by this RFP. Include resumes for these personnel. The resumes shall include: name, education, and years of experience and employment history, particularly as it relates to the scope of services specified herein. Resumes shall also include the percentage of time the person would be specifically dedicated to this project on a monthly basis, if the Bidder is selected as the successful Bidder. Resumes should not include social security numbers.

Include the project manager’s experience managing subcontractor staff if the Bidder proposes to use subcontractors.

3.2.5.4 Disclosures.

List any details of whether the Bidder or any owners, officers, primary partners, staff providing services or any owners, officers, primary partners, or staff providing services of any subcontractor who may be involved with providing the services sought in this RFP, have ever had a founded child or dependent adult abuse report, or been convicted of a felony.

3.2.6 Information to Include Behind Tab 6: RFP Forms.

The forms listed below are attachments to this RFP. Fully complete and return these forms behind Tab 6:

Release of Information Form Primary Bidder Detail & Certification Form Subcontractor Disclosure Form (one for each proposed subcontractor) Certification and Disclosure Regarding Lobbying

3.2.7 Reserved. (Financial Statements)

3.3 Cost Proposal.

Content and Format.

The Cost Proposal shall be submitted using the pricing workbook set forth in Attachment F of this RFP. Bidders should submit an Excel version of Attachment F.

The Bidder’s Cost Proposal shall include all charges of any kind associated with the goods and services offered by the Bidder in order to meet all RFP requirements. The Agency will not be liable for any fees or charges for the goods and services offered by the Bidder that are not set forth in the Cost Proposal.

Form Date 6/24/20

Section 4 Evaluation Of Bid Proposals

4.1 Introduction.

This section describes the evaluation process that will be…