RFP+325-24-610-022.docx

STATE OF NORTH DAKOTA

DEPARTMENT OF HEALTH AND HUMAN SERVICES

DEVELOPMENTAL DISABILITIES SECTION

1237 W. DIVIDE AVENUE, STE. 1A

BISMARCK, ND 58501-1208

Solicitation Number: 325-24-610-022

Solicitation Type: Request for Proposal (RFP)

RFP Title: Right Track Services in Grand Forks, Nelson, Pembina, and Walsh Counties

Issued: April 10, 2024

Purpose of RFP: To request proposals for an entity to provide Right Track services in Grand Forks, Nelson, Pembina, and Walsh counties in North Dakota.

Procurement Officer: Kayla Rahrich

TABLE OF CONTENTS

SECTION ONE

Introduction and Instructions

1.03 RFP Schedule

1.04 Assistance to Individual with a Disability

1.05 Secretary of State Registration Requirements

1.06 Bidders List Registration

1.07 Notice Provided

1.08 Pre-Proposal Conference or Site Inspection

1.09 Deadline for Submission of Questions and Objections

1.010 Amendments to the RFP

1.011 Proposal Submission Instructions

1.012 Proposal Receipt Deadline – Late Proposals Rejected

1.013 Proposal Opening

1.014 News Releases

1.015 Attempt to Influence Prohibited

1.016 Collusion Prohibited

SECTION TWO

Scope of Work

2.01 Background Information

2.02 Budget

2.03 Scope of Work

2.04 Location of Work

2.05 Federal and State Requirements

SECTION THREE

General Contract Information

3.06 Supplemental Terms and Conditions

3.07 Contract Approval

3.08 Contract Changes – Unanticipated Amendments

3.09 Taxes and Taxpayer Identification Number

3.010 Proposed Payment Procedures

3.011 Contract Personnel

3.012 Right to Inspect Place of Business

3.013 Inspection & Modification – Reimbursement for Unacceptable Services

SECTION FOUR

Proposal Format and Content

4.01 Proposal Format and Content

4.02 Introduction

4.03 Understanding of the Scope of Work

4.04 Management Plan

4.05 Experience and Qualifications

4.06 Required Enclosures

SECTION FIVE

Award and Proposal Evaluation

5.01 Award

5.02 Responsiveness

5.03 Proposal Evaluation

5.04 Understanding of the Scope of Work

5.05 Management Plan

5.06 Experience and Qualifications

SECTION SIX

Standard Proposal Information

6.01 STATE Not Responsible for Preparation Costs

6.02 Conflict of Interest

6.03 Offer Held Firm

6.04 Amendments to Proposals and Withdrawal of Proposals

6.05 Alternate Proposals

6.06 Subcontractors

6.07 Joint Ventures

6.08 Disclosure of Proposal Contents and Compliance with North Dakota Open Records Laws

6.09 Right of Rejection

6.010 Clarification of Proposals - Discussions

6.011 Best and Final Offers

6.012 Preference Laws

6.013 Negotiations

6.014 Notice of Intent to Award – Offeror Notification of Selection

6.015 Protest and Appeal

ATTACHMENTS

Attachment A – Sample Purchase of Service Agreement Attachment B – Evaluation Tool

SECTION ONE

INTRODUCTION AND INSTRUCTIONS

1.01 Purpose of the RFP

The state of North Dakota, acting through its North Dakota Department of Health and Human Services, Developmental Disabilities Section, (STATE) is soliciting proposals for an entity to provide Right Track services in Grand Forks, Nelson, Pembina, and Walsh counties in North Dakota.

1.02 Procurement Officer Contact Information

The procurement officer is the point of contact for this RFP. All communication regarding this RFP must be directed to the procurement officer (the preferred method of communication is e-mail). Please do not add the procurement officer to any marketing distribution lists.

Procurement Officer: Kayla Rahrich E-Mail: kaylamrahrich@nd.gov Phone: 701-328-8929 TTY Users Call: 7-1-1

Engaging in unauthorized communication or seeking to obtain information about an open solicitation with any state employee or official other than the responsible procurement officer or designee is sufficient grounds for suspension or debarment. [N.D.A.C. § 4-12-05-04(7)]

1.03 RFP Schedule

This schedule of events represents STATE’s best estimate of the schedule that will be followed for this RFP. If a component of this schedule, such as the Deadline for Receipt of Proposals, is delayed, the rest of the schedule will be shifted by the same number of days. The estimated RFP Schedule is as follows:

1.04 Assistance to Individual with a Disability

Contact the procurement officer, as soon as possible, if an individual with a disability needs assistance with this RFP, including any events in the RFP Schedule, so reasonable accommodations can be made.

1.05 Secretary of State Registration Requirements

The North Dakota Secretary of State has registration requirements for individuals and businesses transacting business in North Dakota. If the successful Offeror is determined to have a registration requirement with the North Dakota Secretary of State, they must be registered before the contract award and registration must remain active for the duration of the contract period (N.D.C.C. § 54-44.4-09.1).

· See the OMB Guidelines to Vendor Registry for more information.

Visit the Secretary of State's Vendor Registration webpage for information on registration requirements and fees. Visit FirstStop, the Secretary of State's business and licensing software, for online form options.

· Check the Business Records database to see if a business is registered.

· Contact Secretary of State's office by email or call 701-328-2900 (choose menu item 2, then option 1).

· If you need to register, fees apply.

· Vendors may need to obtain businesses licenses. See the list of licenses required of businesses in the State of North Dakota. The link includes information on who to contact, application fees, renewal dates, and the legal reference.

1.06 Bidders List Registration

Individuals or business entities desiring to be notified of bidding opportunities may apply to be placed on the Bidders List. (N.D.C.C. § 54-44.4-09) Bidders Lists are used to notify vendors when solicitations are issued on the State Procurement Office Online system (SPO Online). Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation (N.D.A.C. § 4-12-05-01). There are no fees to register as a bidder. The online application form requests contact information for the receipt of solicitation notices. The Bidders List application and SPO Online system use commodity codes to identify categories of goods, services, and information technology.

The commodity code used for this solicitation is: 952 - 59

Visit the OMB website for instructions and the online Bidders List Application: Bidders List Registration Website For assistance with Bidders List Registration, contact State Procurement Help Desk at 701-328-1728 or infospo@nd.gov.

1.07 Notice Provided

This RFP, and any related amendments and notices, will be posted on North Dakota’s OMB’s website using SPO Online. Offerors are responsible for checking this website to obtain all information and documents related to this RFP:

https://apps.nd.gov/csd/spo/services/bidder/main.htm

Select “Recent Solicitations”. Recent Solicitations are listed by close date (see Deadline for Receipt of Proposals date in Section 1.03 RFP Schedule).

Notices related to this RFP will be sent to the Bidders List for the needed commodity or service and other known potential offerors.

Offerors not having completed the Bidders List registration may request to receive notices related to this RFP by contacting the Procurement Officer, in writing, with the following information: RFP title, business name, contact person, mailing address, telephone number, and email address.

This RFP will also be posted on the North Dakota Department of Health and Human Services website: Solicitation Notice | Health and Human Services North Dakota

1.08 Pre-Proposal Conference or Site Inspection

No pre-proposal conference or site inspection will be held for this RFP.

1.09 Deadline for Submission of Questions and Objections

Offerors should carefully review this RFP, including all attachments. Offerors may ask questions to obtain clarification and request additional information, or object to material in the RFP. Questions and objections must be submitted to the procurement officer, in writing, by the deadline identified in the RFP Schedule. The procurement officer may elect to respond to questions received after the deadline.

Questions and objections should include a reference to the applicable RFP section or subsection. Email is the preferred method of submission with the RFP number cited in the email subject line.

Responses to questions will be distributed as a Solicitation Amendment, unless the question can be answered by referring the offeror to a specific section of the RFP.

1.10 Amendments to the RFP

If an amendment to this RFP is issued, it will be provided to all offerors on the Bidders List for the solicitation and to those prospective offerors who have contacted the procurement officer to receive notices related to the RFP. An offeror shall include in its proposal any required acknowledgements of amendments to the RFP.

1.11 Proposal Submission Instructions

UPLOAD RESPONSE THROUGH THE STATE PROCUREMENT ONLINE SYSTEM (SPO ONLINE):

Offeror must electronically submit proposals through the State Procurement Office Online system (SPO Online) by the Deadline for Receipt of Proposals.

DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. It is recommended that proposals be uploaded 24 hours prior to the Deadline for Receipt of Proposals.

Offeror must begin the electronic submission process well in advance of the Deadline for Receipt of Proposals to allow for transmission and resolution of any technical difficulties. Be advised that the STATE is not responsible for an offeror’s failure to timely submit a proposal due to any technical difficulties. If you experience any technical difficulties contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701.328.2740.

If documents are in the process of being uploaded when the Deadline for Receipt of Proposals occurs, the upload process will stop. The attempted submission will not be uploaded successfully and is ineligible for consideration. The STATE takes no responsibility for electronic submissions that are captured, blocked, filtered, quarantined, or otherwise prevented from uploading by any anti-virus or other security software.

1. This solicitation is posted on SPO Online at: https://apps.nd.gov/csd/spo/services/bidder/main.htm

2. Select “Recent Solicitations” and find this solicitation. Solicitations are listed by close date.

3. Use “Upload Response” to upload a maximum of five (5), clearly labeled documents before the Deadline for Receipt of Proposals provided in the RFP Schedule.

4. Offeror must upload their Technical Proposal.

5. The maximum file size allowed is 50mb per file.

6. There is a 50-character file name limitation for the document being uploaded.

7. There is a 75-character limit in the TITLE field within SPO Online.

8. All SPO Online field entries must be alphanumeric. Dashes and underscores are allowed; however, the system DOES NOT accept other special characters, such as apostrophe, & symbol, quotation marks, etc..

9. DO NOT submit documents that are embedded (zip files), movies, wmp, encrypted, or mp3 files.

10. Offeror will receive an email confirmation from infospo@nd.gov that the upload response was received including the “File Description” for the uploaded files. Review this email to ensure all files were successfully uploaded. If offeror DOES NOT receive an email confirmation, the upload was NOT successful, and the files will need to be uploaded again. If offeror does not receive an email confirmation after the reattempt, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701.328.2740.

Visit https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf for the SPO Electronic Response Job Aid which describes how to submit an electronic response.

1.12 Proposal Receipt Deadline – Late Proposals Rejected

An offeror is responsible for ensuring its proposal is received by STATE prior to the Deadline for Receipt of Proposals identified in Section 1.03 RFP Schedule. A Solicitation Amendment will be issued if this deadline is changed. An offeror may contact the procurement officer to inquire whether its proposal has been received. Offerors assume the risk of the method of dispatch chosen. STATE assumes no responsibility for delays caused by any delivery service. Postmarking by the Deadline for Receipt of Proposals shall not substitute for actual proposal receipt by STATE. Proposals delivered late will be rejected pursuant to N.D.A.C. § 4-12-08-13.

1.13 Proposal Opening

This is a formal sealed RFP process. Proposals will be secured and held unopened until the Deadline for Receipt of Proposals. A public opening will not be held.

1.14 News Releases

An offeror shall not make any news releases related to this RFP without prior approval of the procurement officer.

1.15 Attempt to Influence Prohibited

Offerors must not give or offer to give anything to a state employee or official anything that might influence, or appear to influence, procurement decisions. Suspected attempt to influence will be handled in accordance with N.D.A.C. § 4-12-04-05.

1.16 Collusion Prohibited

Offerors must prepare proposals independently, without collusion. Suspected collusion will be handled in accordance with N.D.A.C § 4-12-04-06.

SECTION TWO

SCOPE OF WORK

2.01 Background Information

STATE assures in its annual application for federal funds from Part C of the Individuals with Disabilities Education Act (IDEA) that child find activities to identify children with developmental delays or disabilities will be conducted across the state of North Dakota. STATE makes this assurance via the Right Track activities of developmental screening and observation.

2.02 Budget

STATE intends to pay $112.36 per visit for providing Right Track services in Grand Forks, Nelson, Pembina, and Walsh counties in North Dakota for the period of July 1, 2024, through June 30, 2025. It is anticipated that there will be approximately 1,400 annual authorized visits per year. STATE intends to enter into a contract with the successful offeror for $112.36 per visit with a not to exceed contract amount of $157,304. STATE’s expectation is that all proposals will be priced at $157,304 and, therefore, cost will not be a component of the evaluation criteria.

2.03 Scope of Work

STATE is soliciting proposals for a single entity to provide Right Track services in Grand Forks, Nelson, Pembina, and Walsh counties in North Dakota.

The successful offeror must:

1) Identify infants or toddlers that may be at-risk for developmental delays.

2) Provide developmental screenings.

3) Refer family to other services, as appropriate.

4) Provide evidence-based child development information to families.

5) Ensure children meet the definition "at-risk infants and toddlers" as children younger than three years of age who have environmental or biological risk factors for developmental delays or parental concern regarding development.

6) Ensure that children who are not eligible to receive Right Track services do not receive a Right Track home visit (e.g., children receiving Developmental Disabilities (DD) Program Management, Early Head Start, Baby Face, or other child-focused home visiting supports).

7) Ensure that the family is aware that participation in Right Track services is voluntary and provided at no cost to the family.

8) Work collaboratively with STATE's Infant Development and DD Program Management in providing referral source and public awareness training regarding Early Intervention Services for Infants and Toddlers.

9) Ensure that all training identify a single referral point at STATE's regional Human Service Center.

10) Distribute the Right Track brochure, developed by STATE, to potential referral sources and families.

11) Contact the family within two weeks of receipt of the referral.

12) Complete the Right Track initial screening within four weeks of receipt of the referral.

13) Refer all children who may qualify for early intervention services to the regional DD Program Management office within two days of Right Track screening.

14) Provide follow-up material to address family concerns within two weeks of the Right Track initial screening.

15) Provide Right Track visits at times convenient for families, including evenings and weekends.

16) Provide Right Track screenings in an environment that is natural for all infants and toddlers and familiar to the child being screened. Screenings cannot take place in a clinic setting or during a mass screening activity.

17) Provide training to staff, conducting Right Track visits, in using approved screening tools.

18) Provide training to staff, conducting Right Track visits, to ensure staff is knowledgeable of child development and familiar with community resources.

19) Ensure that staff conducting Right Track screenings/visits have at least a bachelor’s or master’s degree in one of the following fields (certification or licensure in one of the below fields is not required, but recommended):

a. Social Work,

b. Psychology,

c. Counseling,

d. Nursing,

e. Occupational Therapy,

f. Physical Therapy,

g. Child Development and Family Science,

h. Communication Science and Disorders,

i. Audiology,

j. Speech Pathology,

k. Special Education,

l. Elementary Education,

m. Early Childhood Education,

n. Early Childhood Special Education; and

Experience in early childhood, for example: completing screenings/assessment, completing home visits, providing services to infants/toddlers & their families, etc.

20) Conduct an initial background check for all prospective employees and at least every five years thereafter for current employees.

21) Use the most current version of approved screening tool or tools, with a proven sensitivity and specificity of 70 or higher, as follows:

a. General Screening Tools: Ages and Stages (ASQ); Bayley Infant Neurodevelopmental Screener (BINS); and Brigance.

b. Social and Emotional Screening Tools: Ages and Stages SE and Brief Infant Toddler Social & Emotional Assessment Screening Tool (BITSEA).

c. Communication Screening Tools: Communication & Symbolic Behavior Scales Developmental Profile (CSBS DP).

22) Request prior approval from STATE of a tool or tools, not identified in this solicitation as approved tools, which must have a proven sensitivity and specificity of 70 or higher.

23) Collect and record required data and make available to STATE, as requested.

24) Work with the family in determining the frequency of follow-up visits based on the screening results and parental questions, with the minimum visits for a child less than 18 months of age occurring at least every six months, and the minimum visits for a child 18 months and older occurring at least every 12 months.

25) Contact families (e.g. by letter, phone, and/or in person) referred as a result of a newborn hearing screening that needs follow-up, provide education on the importance of complete hearing care and timelines for services, offer resources (e.g. Department of Health and Human Services Diagnostic Program, support programs (ND Hands and Voices, Family Voices of ND), hearing screenings, and report hearing screening results via the OZ data system.

26) Ensure staff conducting a Right Track visit to a family referred, as a result of a newborn hearing screening, shares information provided by the North Dakota Early Hearing Detection and Intervention Program (ND EHDI) and reports outcomes of the visit ND EHDI in the format provided.

27) Using the case note functionality in the ND EHDI OZ data system, report follow-up activities for families referred, as a result of a newborn hearing screening, as a Right Track visit to include:

a. Changes in demographic information for infant and primary contact.

b. Hearing screening results.

c. Attempts to contact the family regarding hearing screening, including dates of contact and type of contact attempted (calls, letters, etc.).

28) Using the state form, scan and email or mail all Otoacoustic Emissions (OAE) and Tympanometry screening tapes to the state identified audiologist for review and recommendations.

Reporting Requirements:

Successful offeror shall collect and record the following data elements:

1. Total number of screenings/visits conducted (duplicated count);

2. Total number of children that received at least one screening/visit (unduplicated count); and

3. Total number of children referred to Early Intervention.

This information shall be submitted to STATE no later than August 1, 2025, and, if applicable, August 1 of each contract extension.

2.04 Location of Work

STATE will not provide workspace for the successful offeror.

The successful offeror shall provide office space, supplies, telecommunication equipment, computer, and any necessary software or other supplies to carry out the scope of work.

2.05 Federal and State Requirements

An offeror shall identify all known federal and state requirements that apply to the proposal, the evaluation, or the contract to be entered as a result of this RFP.

SECTION THREE

GENERAL CONTRACT INFORMATION

3.01 Contract Term, Extension, and Renewal Options

STATE intends to enter a contract effective July 1, 2024, through June 30, 2025.

STATE may extend the contract period for an additional period of time, not to exceed 12 months, beyond the normal expiration date of the contract, upon mutual written agreement by both parties.

The contract resulting from this RFP may be renewed upon satisfactory completion of the initial contract term. STATE reserves the right to renew the contract for up to six additional periods, each period of renewal being for 12 months, upon written agreement by both parties. The contract will not automatically renew. STATE will provide written notice to the successful offeror of its intent to renew this contract at least 30 days before the contract’s expiration date. The estimated dollar amount for renewal options is dependent upon legislative appropriation. STATE and successful offeror may revise the firm fixed price per visit and number of visits for each renewal option.

3.02 Contract Type

A contract resulting from this RFP is a Firm Fixed Price. Successful offeror will be required to hold the price firm for the contract period, except as otherwise provided in the contract.

3.03 Standard Contract Provisions

The successful offeror will be sent a contract to sign and return to STATE. The successful offeror shall comply with the contract provisions set out in the “Sample Purchase of Service Agreement” document, attached as Attachment A, and made a part of this RFP. An offeror may state any objections or propose changes or additions to the Sample Purchase of Service Agreement. Describe the changes to the contract being proposed or provide a red-line of STATE’s Sample Purchase of Service Agreement. Offerors are not to submit their own contract or standard terms and conditions with their proposals. Offerors should address the specific language in the attached Sample Purchase of Service Agreement and submit any proposed changes.

North Dakota procurement statutes, rules, and policies allow some negotiation of the terms and conditions. No changes to the terms and conditions will be permitted without prior written approval from STATE.

3.04 Proposal as a Part of the Contract

Part or all of this RFP and the successful offeror’s proposal may be incorporated into any contract resulting from this RFP.

3.05 Additional Terms and Conditions

STATE reserves the right to add, delete, or modify terms and conditions during contract negotiations. These terms and conditions will be within the scope of the RFP and will not affect the proposal evaluations.

3.06 Supplemental Terms and Conditions

A proposal that includes supplemental terms and conditions may be accepted, but acceptance of the proposal does not constitute acceptance of supplemental terms and conditions that conflict with those contained in this RFP or that diminish STATE's rights under any contract resulting from the RFP. STATE reserves the right to consider these types of terms and conditions null and void. STATE is not responsible for identifying conflicting supplemental terms and conditions before issuing a contract award. After award of contract:

A) if conflict arises between a supplemental term or condition included by the offeror in its proposal and a term or condition of the RFP, the offeror agrees that the term or condition of the RFP will prevail; and B) if the result of the application of a supplemental term or condition included in the proposal would diminish STATE's rights, the supplemental term or condition will be considered null and void.

3.07 Contract Approval

This RFP, by itself, does not obligate STATE. STATE’s obligation will commence when it signs the contract but not earlier than the contract start date. Upon written notice to the successful offeror, STATE may set a starting date for a contract resulting from this RFP, which is different from the Contract Start Date set out in Section 1.03 RFP Schedule and Section 3.01 Contract Term, Extension, and Renewal Options. STATE is not responsible for reimbursing the successful offeror for any work, even work done in good faith, if the work occurs prior to the contract start date set by STATE.

3.08 Contract Changes – Unanticipated Amendments

During the course of a contract resulting from this RFP, the successful offeror may be required to perform additional work due to a legitimate unforeseen circumstance. That work will be within the general scope of the initial contract. When additional work is required, STATE shall provide the successful offeror a written description of the additional work and request the successful offeror to submit a proposal for accomplishing the additional work. The successful offeror shall not begin the additional work until STATE has approved the additional work and signed a written contract amendment.

3.09 Taxes and Taxpayer Identification Number

The successful offeror shall provide STATE with a valid Vendor Taxpayer Identification Number as a provision of the contract resulting from this RFP.

STATE is not responsible for and will not pay itemized local, state, or federal taxes. Purchases of tangible personal property made by a state government agency is exempt from sales tax. STATE’s sales tax exemption number is E-2001, and STATE will furnish certificates upon request. The state tax exemption number should not be used by the successful offeror in the performance of the contract resulting from this RFP.

STATE will determine if services provided under the contract resulting from this RFP are 1099 reportable. STATE may require the successful offeror to submit an IRS Form W-9.

A vendor performing any contract, including service contracts, for the United States Government, state of North Dakota, counties, cities, school districts, park board, or any other political subdivisions within North Dakota is not exempt from payment of sales or use tax on materials, tangible personal property, and supplies used or consumed in carrying out contracts. In these cases, the vendor is required to file returns and pay sales and use tax just as required for contracts with private parties. Contact the North Dakota Tax Department at 701-328-1246 or visit its website at https://www.nd.gov/tax/tax-resources/ for more information.

A vendor performing any contract, including a service contract, within North Dakota is also subject to the corporation income tax, individual income tax, and withholding tax reporting requirements, whether the contract is performed by a corporation, partnership, or other business entity, or as an employee of the vendor. In the case of employees performing the services in the state, the vendor is required to withhold state income tax from the employees' compensation and remit to the state as required by law. Contact the North Dakota Tax Department at 701-328-1248 or visit its website for more information.

3.10 Proposed Payment Procedures

STATE will issue payment within 30 days after receipt of the request for reimbursement and required reporting, except that no payment will be made until the reimbursement and reporting have been approved by STATE.

STATE will not make any advance payments before performance of services by the successful offeror under a contract resulting from this RFP.

3.11 Contract Personnel

STATE must approve any change of the successful offeror’s project team members named in the proposal, in advance and in writing. Personnel changes that are not approved by STATE may be grounds for STATE to terminate the contract.

3.12 Right to Inspect Place of Business

At reasonable times, STATE may inspect those areas of the successful offeror’s place of business which are related to the performance of a contract resulting from this RFP. If STATE makes an inspection, the successful offeror must provide reasonable assistance.

3.13 Inspection & Modification – Reimbursement for Unacceptable Services

The successful offeror is responsible for the completion of all work set out in a contract resulting from of this RFP. All work is subject to inspection, evaluation, and approval by STATE. STATE may employ all reasonable means to ensure that the work is progressing and being performed in compliance with a contract resulting from this RFP.

If STATE determines that corrections or modifications are necessary for performance of a contract resulting from this RFP, STATE may direct the successful offeror to make changes. The successful offeror will not unreasonably withhold changes.

Substantial failure of the successful offeror to perform a contract resulting from this RFP may cause STATE to terminate a contract. If STATE terminates a contract resulting from this RFP because the successful offeror fails to perform the contract, STATE may require the successful offeror to reimburse monies paid (based on the identified portion of unacceptable work received) and may seek associated damages.

SECTION FOUR

PROPOSAL FORMAT AND CONTENT

4.01 Proposal Format and Content

STATE discourages overly lengthy proposals. For STATE to evaluate proposals fairly and completely, offeror shall follow the format set out in this RFP and provide all information requested. If an offeror submits more than one proposal, each proposal must be prepared in accordance with these instructions.

Each proposal will include a technical proposal prepared in accordance with these instructions. The technical proposal must be clearly labeled with the name of the offeror and marked “Technical Proposal”.

4.02 Introduction

Proposals must include the complete name and address of offeror’s firm and the name, email address, mailing address, and telephone number of the person STATE should contact regarding the proposal.

Offerors are instructed to review Section 6.02 Conflict of Interest. If the firm, its employees, or subcontractors working on the contract have an apparent or actual conflict of interest, provide a statement disclosing the circumstances of the apparent or actual conflict of interest. Otherwise, provide a statement that your firm, employees, and subcontractors do not have a conflict of interest.

Offerors are instructed to review Section 6.08 Disclosure of Proposal Contents and Compliance with North Dakota Open Records Law. An offeror shall provide a statement indicating that their proposal does not contain any confidential information or make a written request to hold confidential any trade secrets and other proprietary data contained in their proposals.

Proposals must confirm that the offeror will comply with all provisions in this RFP. Proposals must be signed by an individual with authority to bind the offeror. By signing the cover letter, an offeror certifies that it complies with:

If an offeror fails to comply with this paragraph, STATE reserves the right to reject the proposal. If the offeror who is awarded the contract resulting from this RFP fails to comply with this paragraph, STATE also reserves the right to terminate the contract or consider the successful offeror in default.

4.03 Understanding of the Scope of Work

An offeror must provide comprehensive narrative statements that illustrate their understanding of the requirements of Section 2.03 Scope of Work of this RFP, as well as the state and federal law.

An offeror shall identify any pertinent issues and potential problems related to the work to be completed and solutions.

4.04 Management Plan

An offeror shall provide a comprehensive work plan and timeline that set out the management plan it intends to follow and illustrate how the plan will be successfully implemented. The timeline should include milestones with estimated dates.

An offeror shall include an organizational chart which describes the offeror’s organization and illustrates lines of authority and communication and designates the individual(s) responsible and accountable for assuring the services are provided according to the offeror’s proposal and STATE’s requirements. An offeror shall identify, by name and title, the offeror’s staff who will be involved in carrying out this project.

If the offeror plans to use external sources, such as consultants, this should be included in the plan as well.

An offeror shall disclose any instances where the firm or any individuals working on the contract resulting from this RFP have a possible conflict of interest and, if so, the nature of that conflict (e.g. employed by the state of North Dakota).

4.05 Experience and Qualifications

An offeror shall provide a brief history and describe the organization of the firm, including the number of years the offeror has provided the type of work requested in this RFP.

An offeror shall describe the type of work each of the offeror’s staff will perform in carrying out this project, describe relevant credentials and experience of each staff member, and provide a resume for each.

4.06 Required Enclosures

An offeror’s failure to provide all documents and information specifically required in this RFP or an offeror’s failure to sign the documents as required, may cause the proposal to be considered nonresponsive and may be rejected.

SECTION FIVE

AWARD AND PROPOSAL EVALUATION

5.01 Award

STATE intends to award a contract to the responsible offeror whose proposal is determined to be responsive to the requirements of the solicitation and is determined to be most advantageous in consideration the RFP evaluation criteria.

5.02 Responsiveness

All proposals will be evaluated to determine if they are responsive to the requirements of the solicitation. STATE reserves the right to waive minor informalities in accordance with N.D.A.C. chapter 4-12-10. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from RFP document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other offerors. Responsive proposals will be evaluated by the procurement officer or evaluation committee using the evaluation criteria stated in the RFP.

5.03 Proposal Evaluation

The Evaluation Tool, which is attached as Attachment B, will be the scoring tool used to score proposals. The total number of points used to score this proposal is 100 points. The technical proposal evaluation scores will be added together to determine the total evaluation score. The final evaluation score may consider information received by STATE, including, but not limited to, discussions with offerors, reference checks, and best and final offers.

5.04 Understanding of the Scope of Work

Thirty (30) of the total possible evaluation points will be assigned to this criterion.

Proposals will be evaluated against the questions set out below:

A) How well does the offeror’s comprehensive narrative statements illustrate their understanding of the requirements of Section 2.03 Scope of Work of this RFP, as well as any applicable state and federal law?

B) If the offeror identified any pertinent issues and potential problems related to the work to be completed, how well do they provide solutions?

5.05 Management Plan

Twenty (20) of the total possible evaluation points will be assigned to this criterion.

Proposals will be evaluated against the questions set out below:

A) How well did the offeror provide a comprehensive work plan and timeline that set out the management plan it intends to follow and illustrate how the plan will be successfully implemented? Did the timeline include milestones with estimated dates?

B) Did the offeror include an organizational chart and, if so, did the chart describe the offeror’s organization and illustrate lines of authority and communication and designate the individual(s) responsible and accountable for assuring the services are provided according to the offeror’s proposal and STATE’s requirements? Did the offeror identify, by name and title, the offeror’s staff who will be involved in carrying out this project?

C) Has the offeror disclosed any instances where the firm or any individuals working on the contract resulting from the RFP has a possible conflict of interest, and, if so, the nature of that conflict (e.g. employed by state of North Dakota)?

5.06 Experience and Qualifications

Fifty (50) of the total possible evaluation points will be assigned to this criterion.

Proposals will be evaluated against the questions set out below:

A) Did the offeror provide a brief history and describe the organization of the firm, including the number of years the offeror has provided the type of work requested in this RFP?

B) How well did the offeror describe the type of work each of the offeror’s staff will perform in carrying out this project, describe relevant credentials and experience of each staff member, and provide a resume for each?

SECTION SIX

STANDARD PROPOSAL INFORMATION

6.01 STATE Not Responsible for Preparation Costs

STATE will not pay any cost associated with the preparation, submittal, presentation, or evaluation of any proposal.

6.02 Conflict of Interest

Under state laws and rules, a state employee or official shall not participate directly or indirectly in a procurement when the state employee or officials knows of a conflict of interest. Potential conflicts of interest include state employees or their immediate family members employed by the firm, seeking employment with the firm, or with a financial interest in the firm. Potential conflicts of interest will be addressed in accordance with N.D.A.C. § 4-12-04-04. [N.D.C.C. § 12.1-13-03].

Persons employed by the state of North Dakota, or within one year thereafter, may be prohibited from acquiring a pecuniary interest in a public contract or transaction. Offerors should review N.D.C.C. § 12.1-13-02 to ensure compliance and avoid such conflict(s) of interest.

6.03 Offer Held Firm

Offerors must hold proposals firm for at least 90 days from the Deadline for Receipt of Proposals. STATE may send a written request to all offerors to hold their offer firm for a longer time period of time.

6.04 Amendments to Proposals and Withdrawal of Proposals

An offeror may amend or withdraw its proposal prior to the Deadline for Receipt of Proposals set forth in Section 1.03 RFP Schedule. No amendments will be accepted after the deadline unless they are in response to STATE’s request. After the deadline, an offeror may make a written request to withdraw its proposal and provide evidence that a substantial mistake has been made, and STATE may permit withdrawal.

6.05 Alternate Proposals

An offeror may submit only one proposal for evaluation. Alternate proposals that offer something different than what is requested will be rejected.

6.06 Subcontractors

An offeror may use subcontractors to perform work under a contract resulting from this RFP. If an offeror intends to use subcontractors, the offeror shall identify in the proposal the names of the subcontractors and the portions of the work the subcontractors will perform.

If STATE selects a proposal with subcontractors, the offeror shall provide the following information concerning each subcontractor within five working days from the date of STATE’s request:

A) complete name of the subcontractor;

B) complete address of the subcontractor;

C) type of work the subcontractor will be performing;

D) percentage of work the subcontractor will be providing;

E) evidence, as set out in the relevant section of this RFP, that the subcontractor is registered and, if applicable, holds a valid North Dakota business license; and F) a written statement, signed by each proposed subcontractor, which clearly verifies that the subcontractor is committed to render the services required by a contract resulting from this RFP.

An offeror's failure to provide this information, within the time set, may cause STATE to consider its proposal non-responsive and reject it or cancel an award. The offeror may substitute one subcontractor for another only at the discretion and with prior written approval of STATE.

6.07 Joint Ventures

Joint ventures are not allowed.

6.08 Disclosure of Proposal Contents and Compliance with North Dakota Open Records Laws

All proposals and other material submitted become the property of STATE and may be returned only at STATE’s option. The state of North Dakota has broad open records laws. Proposals received are exempt from open record requirements until an award is made, in accordance with N.D.C.C. § 54-44.4-10(2). After award, proposals are subject to the North Dakota open records laws. Proposals or portions of proposals may be confidential only if specifically stated in law.

Offerors are instructed not to mark their entire proposal as “confidential.”

Offeror must provide one of the following in their proposal:

· Provide a statement indicating that their proposal does not contain any confidential information; or

· Make a written request to hold confidential any trade secrets and other proprietary data contained in its proposal. Offeror must clearly identify the material considered confidential and explain why the material is confidential. See the North Dakota Office of the Attorney General website for additional information. https://www.legis.nd.gov/cencode/t44c04.pdf and https://attorneygeneral.nd.gov/open-records-meetings

If STATE receives a request for public information, the procurement officer, in consultation with the Office of the Attorney General, shall determine whether the information is an exception to the North Dakota open records laws, and the information shall be processed accordingly.

6.09 Right of Rejection

STATE reserves the right to reject any proposals, in whole or in part. Proposals received from suspended or debarred bidders will be rejected. Proposals determined to be nonresponsive to the requirements of the RFP will be rejected. STATE reserves the right to reject the proposal of an offeror determined to be not responsible. STATE reserves the right to refrain from making an award if determined to be in its best interest.

6.10 Clarification of Proposals – Discussions

In order to determine if a proposal is reasonably susceptible for award, communications by the procurement officer or evaluation committee are permitted with an offeror to clarify uncertainties or eliminate confusion concerning the contents of a proposal and determine responsiveness to the RFP requirements. Discussions will be limited to the specific section of the RFP or proposal indicated by STATE. Discussions are generally conducted by telephone or internet-based conference.

In conducting discussions, there may be no disclosure of any information derived from proposals submitted by competing offerors. Clarifications may not result in material or substantive change to the proposals. Evaluation scores may be adjusted based in consideration of information obtained through discussions.

6.11 Best and Final Offers

STATE is not obligated to request best and final offers; therefore, offerors should submit their best terms (technical) in response to this RFP.

If STATE determines there is a need for any additional information, substantial clarification, or changes to the RFP or proposals, STATE may request for best and final offers from offerors that have submitted proposals determined to be reasonably susceptible for award. The best and final offer request will describe the additional information, clarification, or change being requested.

A date and time will be established for receipt of revised proposals. If an offeror does not submit a best and final offer, STATE shall consider its original proposal as its best and final offer.

Best and final offers will be evaluated using the evaluation criteria stated in the RFP. STATE may request more than one Best and Final Offer.

6.12 Preference Laws

In the event, N.D.C.C. § 54-44.4-05.1 requires that if two or more proposals contain identical pricing or receive identical evaluation scores, preference must be given to a resident North Dakota bidder, seller, vendor, offeror, or contractor as defined in N.D.C.C. § 44-08-02. In the event the tie is not resolved by application of this law, N.D.A.C. § 4-12-11-05 will be applied.

For a listing of state preference laws, visit the following website: http://www.nd.gov/spo/legal/resources/ or contact the North Dakota State Procurement Office at 701-328-2740.

6.13 Negotiations

Contract negotiations will be conducted in accordance with N.D.A.C. § 4-12-12. STATE may enter into negotiations with one or more offeror whose proposals received the highest scores and are reasonably susceptible for award. During negotiations, STATE and offeror may agree to alter or otherwise change the terms and conditions and price of the proposed contract. Negotiation, if held, will be within the scope of the RFP and limited to those items that would not have an effect on the ranking of proposals.

Each offeror will be responsible for all costs it incurs as a result of negotiations, including any travel and per diem expenses. Contract negotiations will be conducted primarily by email, conference calls, or internet-based conference. Any on-site negotiation, if needed, will be held in Bismarck, ND.

STATE may terminate negotiations, reject a proposal as nonresponsive, and continue or commence negotiations with other offerors reasonably susceptible for award, if the offeror:

· fails to provide necessary information for negotiation in a timely manner,

· fails to negotiate in good faith,

· is unable to successfully negotiate contract terms that are acceptable to STATE, or

· indicates that it cannot perform the contract within the budgeted funds.

6.14 Notice of Intent to Award – Offeror Notification of Selection

After the completion of proposal evaluations, the procurement officer will issue a written Notice of Intent to Award to all offerors that submitted proposals. The Notice of Intent to Award will set out the names of all offerors and identify the proposal selected for award. The scores and placement of other offerors will not be part of the Notice of Intent to Award. Upon issuance of this notice, the procurement file becomes an open record.

The successful offeror named in the Notice of Intent to Award is advised not to begin work, purchase materials, or enter into subcontracts until both the successful offeror and STATE sign the contract resulting from this RFP.

6.15 Protest and Appeal

An interested party may protest a solicitation pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-01. When a solicitation contains a Deadline for Submission of Questions and Objections, protests of the solicitation will not be allowed if these faults have not been brought to the attention of the procurement officer before the specified deadline. If no deadline for questions is specified, protest based upon defects in the solicitation must be made at least seven calendar days before the deadline for receipt of proposals.

An offeror that has submitted a response to a solicitation and is aggrieved may protest an award or notice of intent to award pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-02. The protest must be submitted, in writing, to the procurement officer during the protest period, which is seven calendar days beginning the day after the Notice of Intent to Award is issued.

The protestor may appeal the decision of the procurement officer to the Director of OMB within seven calendar days after receiving notice of the decision pursuant to N.D.C.C. § 54-44.4-12 and N.D.A.C. § 4-12-14-03.

ATTACHMENTS

Attachment A – Sample Purchase of Service Agreement

Attached as a separate document titled: Attachment A – Sample Purchase of Service Agreement

Attachment B - Evaluation Tool

Attached as a separate…