Q# Document Section Title Section Content Inquiry Department Response

1.0 RFP 26-142 Mandatory Qualifications 2.1 2.1. MANDATORY QUALIFICATIONS

2.1.1. Offeror’s organization shall meet all mandatory qualification requirements in this Section to be considered for award of a Contract from this Solicitation:

2.1.1.1. Offeror is a School District in the State of Colorado.

2.1.1.2. Offeror is a BOCES in the State of Colorado.

2.1.1.3. Offeror is a state association or other entity representing a School District or BOCES in the State of Colorado.

2.1.1.4. Offeror currently has, or has had within the last two years, a contractual relationship with a School District or BOCES in the State of Colorado to perform work related to the School Health Services Program. If an organization has multiple areas of expertise in another separate area, works or has worked with a school district or BOCES in Colorado the organization must demonstrate that the areas of work are completely separate and do not overlap.

As written, it appears that the State is saying that only school districts (2.1.1.1), BOCES (2.1.1.2), state associations or other entities representing school districts or BOCES (2.1.1.3) or anyone that has a contractual relationship with the school district or BOCES in the last two years (2.1.1.4) ARE eligible to meet the mandatory qualifications.

This would appear to be setting up a potential conflict and is exactly opposite of a similar requirement in the 2020 version of an RFP for this same subject matter. In the 2020 version, these exact same entities and organizations were NOT eligible.

Can you please help clarify the intention of the RFP for this section?

The intent of Section 2.1.1 is to exclude school districts, BOCES, and entities representing school districts or BOCES from eligibility for this solicitation. The Department will issue a modification to the RFP to correct the mandatory qualifications and clarify eligibility requirements.

2.0 RFP 26-142 Mandatory Qualifications 2.1 See Content for Q1.0. Please clarify 2.1, mandatory requirements. Are 2.1.1.1 through 2.1.1.4 required attributes for bidders or would these points disqualify vendors from bidding?

For example, should the requirement be that “Offeror is NOT a School District in the State of Colorado” ?

Please see the Department’s response to Q1.0.

3.0 RFP 26-142 Direct Service and

Transportation

3.2.[2.5.1] 3.2.2.5.1. Contractor shall create a Cost Settlement Report that includes the cost settlement amount for each SHS Provider and shall submit the report to the Department for approval.

3.2.2.5.1.1. DELIVERABLE: Cost Settlement Amount for Each SHS Provider

3.2.2.5.1.2. DUE: Annually, by April 1st

What school year is a new vendor expected to perform the annual cost settlement for, and will data from prior vendor be made available to perform cost settlement calculations?

The anticipated Operational Start Date is July 1, 2027. The Department will identify the historical data that will be made available from the incumbent Contractor during the transition. The first cost settlement calculated under the new Contract will be for SFY 2026–2027. The Department will provide the awarded Contractor with the SFY 2026–2027 ratios and interim payment information necessary to calculate the final settlement.

4.0 RFP 26-142 Proposal Evaluation

Criteria

5.4 5.4.1. The evaluation criteria to be used in evaluating the proposals are as follows:

Organizational Experience Mandatory Requirements Personnel Online System Capabilities and Support Cost Reporting Draft SHS Audit Process and Plan Time Study Experience Draft Outreach Plan Price

Can you please provide the scoring for each evaluation criteria? The Department uses a qualitative evaluation process and does not assign numerical point values or weights to the criteria in §5.4, including Price.

5.0 RFP 26-142 Proposal Evaluation

Criteria

5.4 See Content for Q4.0. How will pricing be scored? Please see the Department’s response to Q4.0.

6.0 RFP 26-142 Anticipated Contract

Term

1.2.1 1.2.1. Contractor’s start-up period is anticipated to begin on March 1, 2027 and end on June 30, 2027.

What will be the first RMTS quarter that the selected Contractor will be managing as part of this contract? What will be the first quarterly financial collection time period that the selected Contractor will be managing as part of this contract? What will be the first time period for the annual cost report the selected Contractor will be managing as part of this contract?

The anticipated Operational Start Date is July 1, 2027. Based on that date, the first Random Moment Time Study (RMTS) quarter and quarterly financial reporting period would be July 1 through September 30, 2027. The first quarterly cost report would be April 1 through June 30, 2027. The first annual cost reporting period would be for SFY27 (July 1, 2026, through June 30, 2027).

7.0 RFP 26-142 Project Background 1.5.2.5 1.5.2.5. In May 2023, Centers for Medicare and Medicaid Services (CMS) published “Delivering Services in School Based Settings: A Comprehensive Guide to Medicaid Services and Administrative Claiming.” The Guide outlines changes required by CMS including Random Moment Time Study and Transportation claiming changes. State Plan Amendment CO-25-0031 has been submitted and includes pending changes including the addition of a July – September time study, the addition of a third time study cost pool, and that the presence of a bus aide cannot be the sole qualifier of a specialized transportation trip.

Can you please provide a copy of the submitted State Plan Amendment for review? Can the State share an updated TSIP, if one exists?

CMS approval is pending on the latest State Plan Amendment (SPA), including the Time Study Implementation Plan (TSIP). Requests for copies of State SPA CO-25-0031 and the TSIP may be submitted through the Department's Colorado Open Records Act (CORA) Portal (https://coloradohcpf.govqa.us/WEBAPP/_rs/(S(p0ybsb2mwhcotmmzs5adz tfe))/SupportHome.aspx) Records will be provided in accordance with applicable public records laws.

8.0 RFP 26-142 Project Background 1.5.2.13.1 1.5.2.13.1. The incumbent contractor for the SHS Program is Public Consulting Group, Inc.

Can you please provide the contract between Colorado and this incumbent vendor?

A copy of the current School Health Services Support contract may be requested through the Department's Colorado Open Records Act (CORA) Portal (https://coloradohcpf.govqa.us/WEBAPP/_rs/(S(p0ybsb2mwhcotmmzs5adz tfe))/SupportHome.aspx)

9.0 RFP 26-142 Annual Training Plan 3.5.1.1.1.3.2

3.5.1.1.1.3.2. In person sessions will be offered if requested by the Department.

Please confirm that this requirement is in regards to 3.5.1.1.1.3.1 and new coordinator training sessions

Yes. Section 3.5.1.1.1.3.2 applies to the new coordinator training sessions described in Section 3.5.1.1.1.3.1. In-person sessions will be offered when requested by the Department.

10.0 RFP 26-142 Stakeholder Meeting 3.6.1.1 3.6.1.1. Contractor shall host a minimum of three stakeholder meetings each SFY on dates and times specified by the Department.

3.6.1.1.1. DELIVERABLE: Stakeholder Meetings

3.6.1.1.2. DUE: As per the Direction of the Department

Will these be in-person or video meetings? Stakeholder meetings are generally held in a hybrid format, allowing participants to attend either in person or virtually. The Contractor is expected to have in-person representation. The Department may determine a different meeting format based on program needs.

11.0 RFP 26-142 Bi-Weekly Project

Meeting

3.6.2 3.6.2. Bi-Weekly Project Meeting

3.6.2.1. Contractor shall participate in a Bi-Weekly Project Meeting with Department staff to provide a detailed review and updates on the status of the Work and to resolve any issues.

3.6.2.2. Contractor shall attend additional meetings with the Department upon Department request.

3.6.2.3. Prior to the Bi-Weekly Project Meeting, Contractor shall submit a meeting agenda at least three business days prior to the date the meeting is to be held with an outline of topics to be discussed

3.6.2.3.1. DELIVERABLE: Biweekly Meeting Agenda

3.6.2.3.2. DUE: 14 Calendar Days Prior to the Date the Meeting is to be Held

Will these be in-person or video meetings? Biweekly project meetings are generally held virtually but may be held in person when scheduled in conjunction with another in-person meeting.

12.0 RFP 26-142 Budget 4.3.1 4.3.1. The Department has a maximum available amount for each year of this project. Any proposal that has a total price that exceeds the Department’s maximum available amount for SFY 2027-2028 shall be rejected without further consideration. The Department’s maximum available amount for this contract is $6,891,068.00.

What is the Department's maximum available amount for each SFY? What is the maximum available amount specifically for SFY2027-2028? Please confirm the maximum available amount of $6,891,068.00 is for the entire contract and not one SFY.

$6,891,068.00 is the maximum available amount for the full Contract term, covering State Fiscal Years 2027 through 2032. An additional $200,000.00 is available for the Start-Up Period, beginning on the Contract Effective Date or March 1, 2027, whichever is later, through June 30, 2027. The $200,000.00 is separate from the $6,891,068.00 Contract maximum.

Section 4.3.1 will be revised to reflect these amounts, and the updated RFP will be posted to VSS.

13.0 RFP 26-142 Eligibility Match 3.4.1.1 3.4.1. Contractor shall create a Matching Methodology to calculate the all SHS Provider-specific All Student Medicaid Enrollment Rate and the SHS Provider-specific Individualized Education Plan Student Utilization Ratio.

The Matching Methodology shall, at a minimum:

3.4.1.1. Be able to match student records obtained from CDE against eligibility files in the State’s MMIS.

Will HCPF provide periodic MMIS eligibility extracts for contractor matching, or require direct MMIS access, an API or another interface?

The Department will provide enrollment records and student lists from the Colorado Department of Education (CDE) for eligibility matching. The Department will also provide Medicaid enrollment data corresponding to the October and December CDE student counts in CSV or a similar file format.

13.1 RFP 26-142 Eligibility Match 3.4.3.1 3.4.3.1. The Department will provide enrollment records and student lists from the CDE to Contractor.

See Inquiry for Q13.0. Please see the Department’s response to Q13.0.

14.0 RFP 26-142 Eligibility Match 3.4.3.1 See Content for Q13.1 What data-use agreements, permissions and secure-transfer approvals must be completed before the contractor can receive the files, and who is responsible for obtaining them?

The Department will provide the Contractor with the necessary student enrollment and Medicaid eligibility data through an approved secure-transfer process. The Department will identify any required data-use agreements, authorizations, and security approvals before transferring the data and will work with the Contractor to complete the applicable requirements.

14.1 RFP 26-142 Eligibility Match 3.4.5.1 3.4.5.1. The Department will provide enrollment records and student lists from CDE and to Contractor.

3.4.5.1.1. DELIVERABLE: SHS Provider-specific All Student Medicaid Enrollment Rate.

3.4.5.1.2. DUE: Annually, by March 15th

See Inquiry for Q14.0. Please see the Department’s response to Q14.0.

15.0 RFP 26-142 Eligibility Match 3.4.1.2 3.4.1. Contractor shall create a Matching Methodology to calculate the all SHS Provider-specific All Student Medicaid Enrollment Rate and the SHS Provider-specific Individualized Education Plan Student Utilization Ratio.

The Matching Methodology shall, at a minimum:

3.4.1.2. Develop and submit multi-level match process, based on first name, last name, date of birth and gender, to the Department.

Please provide the current Department-approved multi-level matching specifications, including exact/probabilistic matching tiers, permitted additional identifiers, treatment of name changes, missing gender, duplicate records and unmatched records. May the contractor propose alternative matching logic, and what validation evidence and acceptance thresholds will the Department use to approve it?

Section 3.4.1 requires the Contractor to develop a multi-level matching methodology using first name, last name, date of birth, and gender, subject to Department approval. Offerors may propose their own matching methodology, which the Department will review and approve following contract award. Additional details of the current methodology may be considered proprietary by the incumbent Contractor and will not be provided before contract award.

15.1 RFP 26-142 Eligibility Match 3.4.2 3.4.2. Contractor shall submit the Matching Methodology to the Department for review and approval.

3.4.2.1. DELIVERABLE: Matching Methodology

3.4.2.2. DUE: Within Six Months After the Operational Start Date

See Inquiry for Q15.0. Please see the Department’s response to Q15.0.

16.0 RFP 26-142 Eligibility Match 3.4.6 3.4.6. Once Contractor has completed the matches described in Section 3.4, Contractor shall provide all SHS Provider-specific backup documentation to the SHS Providers upon request by the Department.

3.4.6.1. DELIVERABLE: SHS Provider-specific Backup Documentation

3.4.6.2. DUE: Within Seven Calendar Days after the Department’s Request

Please provide the required provider-level matching results and backup-documentation formats, including which student-level fields may be disclosed to each SHS Provider, how unmatched/duplicate records are reported, and how corrections or eligibility updates are approved and reflected in previously calculated ratios.

Section 3.4.6 requires the Contractor to provide SHS Provider-specific backup documentation upon the Department's request. Participating school districts and BOCES may request supporting documentation for calculated ratios but may not request changes to those ratios. Data-sharing and HIPAA addenda are included in the Intergovernmental Agreements with participating districts and BOCES. The Contractor's proposed matching methodology must include recommendations for addressing unmatched and duplicate records.

16.1 RFP 26-142 Eligibility Match 3.4.6.2 See Content for Q16.0 See Inquiry for Q16.0. Please see the Department’s response to Q16.0.

17.0 RFP 26-142 Eligibility Match 3.4.2.2 See Content for Q15.1 Please identify the first required matching cycle and reporting year after award and the incumbent/Department results available for transition. Is the six-month deadline for methodology approval compatible with the first required ratio delivery dates, or must the new contractor use an existing approved methodology before its replacement methodology is approved?

The anticipated Operational Start Date is July 1, 2027. The first required matching deliverables are the All Student Medicaid Enrollment Rate by March 15, 2028, and the Individualized Education Plan Student Utilization Ratio by June 1, 2028. The Contractor must propose a matching methodology for Department approval. The Department will provide Medicaid enrollment and student count data in early 2028, allowing sufficient time to complete the required deliverables. The Contractor's Department-approved Work Plan will establish the timelines for methodology approval and completion of the matching deliverables.

17.1 RFP 26-142 Eligibility Match 3.4.4.2 3.4.4. Contractor shall complete the SHS Provider-specific Individualized Education Plan Student Utilization Ratio Multi-level Match using the matching methodology approved by the Department and shall submit the results to the Department.

3.4.4.1. DELIVERABLE: SHS Provider-specific Individualized Education Plan Student Utilization Ratio

3.4.4.2. DUE: Annually by June 1st

See Inquiry for Q17.0. Please see the Department’s response to Q17.0.

17.2 RFP 26-142 Eligibility Match 3.4.5.1.2 See Content for Q14.1 See Inquiry for Q17.0. Please see the Department’s response to Q17.0.

18.0 RFP 26-142 Initial Start Up 3.2.1.1.2.1 3.2.1.1.2. Contractor shall maintain an online system for completing the annual cost reporting that has, at a minimum, the following capabilities:

3.2.1.1.2.1. Allows SHS Providers to report salaries, benefits and other relevant financial information in accordance with the CMS approved methodology, provided by the Department.

Please provide the currently effective CMS-approved direct-service and transportation cost-reporting methodology, complete cost-report template, instructions and calculation specifications that must be implemented at launch. Please identify their versions/effective periods and provide separate versions of any proposed changes still under CMS review.

The current SHS Program Manual, cost report template, and instructions are available on the Department's School Health Services webpage (https://hcpf.colorado.gov/school-health-services). The Contractor must follow the CMS-approved methodology in effect when performing the Work.

Requests for additional documentation, including calculation specifications and proposed changes pending CMS approval, may be submitted through the Department's CORA Portal (https://coloradohcpf.govqa.us/WEBAPP/_rs/(S(p0ybsb2mwhcotmmzs5adz tfe))/SupportHome.aspx).

18.1 RFP 26-142 Direct Service and

Transportation

3.2.2.4 3.2.2.4. Contractor shall ensure that the cost report template is available in an online platform that is accessible to the SHS Providers.

See Inquiry for Q18.0. Please see the Department’s response to Q18.0.

19.0 RFP 26-142 Direct Service and

Transportation

3.2.2.2 3.2.2.2. Contractor shall work with the SHS Providers to report salaries, benefits, contracted costs and other allowable costs for the Random Moment Time Study (RMTS) participants.

Please specify the required cost-reporting detail and allocation rules for salaries, benefits, contracted services, other direct costs and transportation, including the treatment of RMTS participants/cost pools, non-IEP/free-care services, shared staff and vehicles, indirect costs and offsets. Must the new system reproduce the current reporting screens and fields, or may it use a different workflow producing the approved outputs?

Cost reporting must follow the Department's CMS-approved methodology.

The current SHS Program Manual, cost report template, and instructions are available on the School Health Services webpage. The RFP does not require the Contractor to reproduce the existing system's screens or workflow, provided the proposed system meets all requirements and produces the required outputs.

19.1 RFP 26-142 Direct Service and

Transportation

3.2.2.3 3.2.2.3. Contractor shall work with the SHS Providers to report salaries, benefits, contracted costs and other allowable costs for Transportation.

See Inquiry for Q19.0. Please see the Department’s response to Q19.0.

20.0 RFP 26-142 Direct Service and

Transportation

3.2.2.7.1 3.2.2.7. Contractor shall assist the Department in the Annual DS CPE documentation process. To assist in this process, Contractor shall:

3.2.2.7.1. Merge appropriate interim payment data into the CPE documentation materials.

What interim-payment and MMIS claims datasets will HCPF supply for provider-level CPE reconciliation, including payment dates, reversals, recoupments and adjustments?

The Department will provide the interim payment and MMIS claims data necessary for the Contractor to complete provider-level Certified Public Expenditure (CPE) reconciliations. The specific datasets, including payment dates, reversals, recoupments, and adjustments, will be confirmed by the Department.

20.1 RFP 26-142 Direct Service and

Transportation

3.2.2.7.3 3.2.2.7. Contractor shall assist the Department in the Annual DS CPE documentation process. To assist in this process, Contractor shall:

3.2.2.7.3. Reconcile all interim payments to SHS Providers compared to costs identified on each specific SHS Provider’s cost report.

See Inquiry for Q20.0. Please see the Department’s response to Q20.0.

21.0 RFP 26-142 Direct Service and

Transportation

3.2.2.5 3.2.2.5. Contractor shall complete an annual cost reconciliation process to compare interim payments to costs identified on each cost report. To do this Contractor shall collect cost reports for direct services and transportation from each of the SHS Providers according to the CMS approved methodology by November 1st of each year.

Please identify the first fiscal year of direct-service and transportation cost reports the awarded contractor must collect and settle, including any prior-year reports, reopened settlements or outstanding reconciliations. Which responsibilities will remain with the incumbent during transition, and when will complete historical workpapers and certified cost data be transferred?

Please see the Department’s response to Q3.0.

The Department will provide the Contractor with the necessary State Fiscal Year (SFY) 2026–2027 ratios and financial information to complete the April–June 2027 quarterly calculations and the SFY 2026–2027 annual cost settlement calculations.

21.1 RFP 26-142 Direct Service and

Transportation

3.2.2.5.1.2 See Content for Q3.0. See Inquiry for Q21.0. Please see the Department’s response to Q21.0.

22.0 RFP 26-142 Direct Service and

Transportation

3.2.2.7.4 3.2.2.7. Contractor shall assist the Department in the Annual DS CPE documentation process. To assist in this process, Contractor shall:

3.2.2.7.4. Ensure that each SHS Provider receives a final settlement according to the SPA approved by CMS.

Please clarify whether the contractor’s responsibility is to calculate and document final settlement amounts and assist HCPF with provider inquiries, or also to issue payments/recoupments. Who obtains and signs the public-expenditure certifications, authorizes settlement adjustments, and issues payments or recovery notices?

The Contractor is responsible for calculating and documenting final settlement amounts, reconciling interim payments, obtaining signed Certified Public Expenditure (CPE) forms, and assisting with provider inquiries. The Department is responsible for issuing payments, collecting recoupments, and approving settlement adjustments submitted by the contractor in payment calculation deliverables.

23.0 RFP 26-142 Anticipated Contract

Term

1.2.1 See Content for Q6.0. Please confirm the intended Contract Effective Date, start-up start/end dates and Operational Start Date, and identify how each milestone changes if execution or State authorization occurs later than anticipated.

The Contract Effective Date will be March 1, 2027, or the date of State Controller approval, whichever is later. The Start-Up Period begins on the Contract Effective Date and is anticipated to end on June 30, 2027. The Operational Start Date is anticipated to be July 1, 2027, following Department authorization. If contract approval or authorization is delayed, the Department will determine whether adjustments to the Start-Up Period and Operational Start Date are necessary.

23.1 RFP 26-142 Anticipated Contract

Term

1.2.2 1.2.2. The initial operational period of the Contract is anticipated to begin at the end of the start-up period and will last for one year.

See Inquiry for Q23.0. Please see the Department’s response to Q23.0.

24.0 RFP 26-142 Time Study 3.8.1.4.2 3.8.1.4. Contractor shall deliver all site content to the Department for review and approval. Contractor shall not publicly post any content prior to the Department’s approval of that Content.

3.8.1.4.1. DELIVERABLE: Random Moment Online System Content

3.8.1.4.2. DUE: 15 Calendar Days After the Beginning of the Startup Period

Please confirm whether the RMTS production system must be available 90 calendar days before the Operational Start Date, with content and test access due 15 days after start-up begins. What functionality constitutes production readiness at that earlier date, which sampling quarter must the new contractor first administer, and when will the approved guide, rosters and transition data be available?

The start-up timeline in the RFP is correct. The RMTS system content and test environment must be available within 15 calendar days after the Start- Up Period begins, and the production system must be available 90 calendar days before the Operational Start Date. This timeline allows participating school districts and BOCES to prepare their July–September staff pool lists before summer break and provides time for the Department and Contractor to complete quality assurance checks before generating the July–September RMTS sample. The Contractor may establish its own implementation schedule, provided all required deadlines and program requirements are met.

24.1 RFP 26-142 Time Study 3.8.1.5.2 3.8.1.5. Prior to making the online system public, Contractor shall make the Random Moment Online System available to the Department in a testing environment.

3.8.1.5.1. DELIVERABLE: Random Moment Online System in Test

Environment

3.8.1.5.2. DUE: 15 Calendar Days after the beginning of the Startup Period

See Inquiry for Q24.0. Please see the Department’s response to Q24.0.

24.2 RFP 26-142 Time Study 3.8.1.6.2 3.8.1.6. Once the Department has approved the content and the Random Moment Online System in the test environment, Contractor shall make the approved Random Moment Online System and content available to the public in a production environment.

3.8.1.6.1. DELIVERABLE: Random Moment Online System in Production Environment

3.8.1.6.2. DUE: 90 Calendar Days Prior to the Operational Start Date

See Inquiry for Q24.0. Please see the Department’s response to Q24.0.

25.0 RFP 26-142 Quarterly Financial

Online System

3.11.1.4.2 3.11.1.4. Contractor shall deliver all site content to the Department for review and approval. Contractor shall not publicly post any content prior to the Department’s approval of that Content.

3.11.1.4.1. DELIVERABLE: Quarterly Financial Online System Content

3.11.1.4.2. DUE: 15 Calendar Days After the Operational Start Date

Please confirm the first quarterly financial reporting/MAC cycle the new contractor must administer and how providers will report during the 30 days after operational start before the quarterly system is due in production. Will the incumbent or another approved process support that interval, and what are the required testing/approval dates?

The Contractor will begin collecting financial information from participating school districts and BOCES on July 1, 2027, for the April–June 2027 reporting period. The start-up period will begin March 1, 2027, with the quarterly financial reporting system required to be available in production 30 calendar days before the Operational Start Date. This timeline allows the Department to review and approve the system before it becomes available to participating districts and BOCES.

25.1 RFP 26-142 Quarterly Financial

Online System

3.11.1.5.2 3.11.1.5. Prior to making the online system public, Contractor shall make the Quarterly Financial Online System available to the Department in a testing environment.

3.11.1.5.1. DELIVERABLE: Quarterly Financial Online System in Test Environment

3.11.1.5.2. DUE: 15 Calendar Days after the Operational Start Date

See Inquiry for Q25.0. Please see the Department’s response to Q25.0.

25.2 RFP 26-142 Quarterly Financial

Online System

3.11.1.6.2 3.11.1.6. Once the Department has approved the content and the Quarterly

Financial Online System in the test environment, Contractor shall make the approved Quarterly Financial Online System and content available to the public in a production environment.

3.11.1.6.1. DELIVERABLE: Quarterly Financial Online System in Production Environment

3.11.1.6.2. DUE: 30 Calendar Days After Operational Start Date

See Inquiry for Q25.0. Please see the Department’s response to Q25.0.

26.0 RFP 26-142 Project Background 1.5.2.5 See Content for Q7.0. For proposal and implementation planning, please confirm that changes under SPA CO-25-0031 remain pending until CMS approval and that launch must follow the then-effective approved methodology. Please identify how HCPF will authorize later approved changes, their effective/retroactive periods, and any revisions to configuration, cost pools, calculations, training, conversion, milestone dates or compensation. Please do not assume CMS approval before proposals are due.

SPA CO-25-0031 was pending CMS approval when the RFP was issued. The methodology submitted in the SPA has been implemented since July 1, 2026, to comply with the requirements of the 2023 CMS Comprehensive Guide. Federal reimbursement under the updated methodology is anticipated in spring 2027, following CMS approval. Any subsequent changes to the methodology, implementation requirements, timelines, or compensation will be communicated by the Department and addressed through the appropriate contract modification process, as necessary.

26.1 RFP 26-142 Time Study 3.8.2.1 3.8.2. Contractor shall plan, develop and conduct a statewide Random Moment Time Study (RMTS) through an online application that SHS Providers can access through the Internet. The intervals of the RMTS will be dictated by guidance from the Centers for Medicare and Medicaid Services (CMS).

Contractor shall complete all of the following:

3.8.2.1. Update the Department’s current RMTS methodology, materials and the RMTS Online Application, as necessary or as directed by the Department, by incorporating the most current guidance from CMS.

See Inquiry for Q26.0. Please see the Department’s response to Q26.0.

27.0 RFP 26-142 Mandatory Qualifications 2.1.1 See Content for Q1.0. Section 2.1.1 states that an offeror must meet all mandatory qualifications, while §§2.1.1.1–.3 describe different entity types. Are these alternative eligibility categories? Please issue corrected mandatory-qualification language and confirm whether an independent private consulting firm, including an out-of-state LLC, may bid directly for the entire scope as prime contractor.

Please see the Department’s response to Q1.0.

Additionally, Independent private consulting firms, including out-of-state LLCs, may submit proposals as prime contractors, provided they meet all applicable solicitation requirements. The Department will issue a modification to Section 2.1.1 to clarify eligibility.

27.1 RFP 26-142 Mandatory Qualifications 2.1.1.1 See Content for Q1.0. See Inquiry for Q27.0. Please see the Department’s response to Q27.0.

27.2 RFP 26-142 Mandatory Qualifications 2.1.1.2 See Content for Q1.0. See Inquiry for Q27.0. Please see the Department’s response to Q27.0.

27.3 RFP 26-142 Mandatory Qualifications 2.1.1.3 See Content for Q1.0. See Inquiry for Q27.0. Please see the Department’s response to Q27.0.

28.0 Appendix B Exclusive Property of

Contractor

15.C 15.C. Contractor retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Contractor including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Contractor under the Contract, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Contractor Property”). Contractor Property shall be licensed to the State as set forth in this Contract or a State approved license agreement: (i) entered into as exhibits to this Contract; (ii) obtained by the State from the applicable third-party vendor; or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement.

Please confirm that an offeror may use an existing contractor-owned, cloud-hosted platform for RMTS, eligibility matching and annual/quarterly cost reporting, with the contractor retaining ownership of its pre-existing software, source code and platform architecture under §15.C.

Yes. Offerors may propose using an existing contractor-owned, cloud-hosted platform, provided it meets all solicitation and contract requirements, including applicable security and accessibility standards.

Under Section 15.C, the Contractor retains ownership of its pre-existing software, source code, and platform architecture, subject to the State's applicable licensing and Work Product rights.

29.0 Appendix B Copyrights 15.A.i 15.A.i. To the extent that the Work Product (or any portion of the Work

Product) would not be considered works made for hire under applicable law, Contractor hereby assigns to the State, the entire right, title, and interest in and to copyrights in all Work Product and all works based upon, derived from, or incorporating the Work Product; all copyright applications, registrations, extensions, or renewals relating to all Work Product and all works based upon, derived from, or incorporating the Work Product; and all moral rights or similar rights with respect to the Work Product throughout the world. To the extent that Contractor cannot make any of the assignments required by this section, Contractor hereby grants to the State a perpetual, irrevocable, royalty-free license to use, modify, copy, publish, display, perform, transfer, distribute, sell, and create derivative works of the Work Product and all works based upon, derived from, or incorporating the Work Product by all means and methods and in any format now known or invented in the future. The State may assign and license its rights under this license.

Please clarify the ownership boundary for Colorado-specific configurations, does modifying an existing platform cause ownership or source-code delivery obligations to extend to the underlying platform?

The selected Contractor may use its own pre-existing software and configure it to meet the Department's requirements or develop a new platform. A new Contractor will not use the incumbent Contractor's proprietary software. Under Section 15.C, the Contractor retains ownership of its pre-existing software and underlying source code, while Colorado-specific Work Product developed under the Contract is subject to the State's ownership rights under Section 15.A. The platform must meet all applicable accessibility requirements, including WCAG standards.

29.1 Appendix B Exclusive Property of

Contractor

15.C See Content for Q29.0. See Inquiry for Q29.0. Please see the Department’s response to Q29.0.

30.0 Appendix B

Exhibit E

Deliverables 1.6.5 1.6.5. No Deliverable, report, data, procedure or system created by Contractor for the Department that is necessary to fulfilling Contractor's responsibilities under the Contract, as determined by the Department, shall be considered proprietary.

Please confirm whether the nonproprietary requirement applies only to materials and systems created specifically for the Department and how it is reconciled with the retention of pre-existing Contractor Property under main-contract §15.C. Will the Department recognize a documented inventory of pre-existing platform components as the basis for this distinction?

Please see the Department's response to Q29.0.

Section 1.6.5 applies to materials and systems created by the Contractor for the Department that are necessary to perform the Work. This includes calculation-related deliverables, such as ratios, time study results, and financial results used to calculate reimbursements, which are owned by the Department. Section 15.C preserves the Contractor's ownership of pre-existing software, systems, and other intellectual property.

31.0 Appendix B Exclusive Property of

Contractor

15.C See Content for Q29.0. For an existing cloud-hosted platform, please specify the required license scope, permitted users, term and post-termination rights. Will a State-approved hosted-service license covering the Department and participating providers during the contract and an agreed transition period satisfy §15.C, or is a perpetual, transferable license or independent State operation of the platform required?

Section 15.C permits the use of Contractor-owned, pre-existing software under a State-approved license agreement. The Draft Contract does not specify the required license term, permitted users, or post-termination rights for a cloud-hosted platform. The Department will confirm whether a hosted-service license covering the Department and participating SHS Providers during the Contract and an approved transition period is sufficient.

32.0 Appendix B

Exhibit E

Closeout Period 1.11.1.2 1.11.1. During the Closeout Period, Contractor shall complete all of the following:

1.11.1.2. Provide to the Department, or any other contractor at the Department's direction, all reports, data, systems, Deliverables and other information reasonably necessary for a transition as determined by the Department or included in the most recent Closeout Plan or Closeout Plan Update that has been approved by the Department.

For closeout, please identify the specific items included in “systems.” Can this obligation be satisfied by transferring State data, Colorado-specific deliverables, documented interfaces and migration assistance while retaining the contractor’s pre-existing platform and source code?

The closeout requirements include transferring State Records, Work Product, and other information necessary for the transition of services, including ratios, time study results, and financial results used to calculate reimbursements. These calculation-related deliverables are owned by the Department and must remain available for future program administration.

Under Section 15.C, the Contractor retains ownership of pre-existing software and platforms, provided all required State data, deliverables, documentation, and transition assistance are supplied in accordance with the Contract.

33.0 Appendix B

Exhibit E

Deliverables 1.6.1.2 1.6.1.2. The Department will review the Deliverable and may direct Contractor to make changes to the Deliverable. Contractor shall make all changes within five Business Days following the Department’s direction to make the change unless the Department provides a longer period in writing.

What acceptance criteria, test participants and approval authorities apply, and how will milestone dates be adjusted for delayed Department approvals, delayed State data/access or required resubmissions?

Deliverables must meet Department-approved format and content requirements and receive written acceptance from the Department. No test participants will be required. The Department will confirm applicable acceptance criteria and approval authorities. Any adjustments to milestone dates resulting from delayed Department approvals, data access, or required resubmissions will be reviewed and addressed as appropriate under the Contract.

33.1 Appendix B

Exhibit E Deliverables 1.6.1.3 1.6.1.3. Once the Department has received an acceptable version of the

Deliverable, including all changes directed by the Department, the Department will notify Contractor of its acceptance of the Deliverable in writing. A Deliverable shall not be deemed accepted prior to the Department’s notice to Contractor of its acceptance of that Deliverable.

See Inquiry for Q33.0. Please see the Department’s response to Q33.0.

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