RFP+325-25-415-054+(final).docx

STATE OF NORTH DAKOTA

DEPARTMENT OF HEALTH AND HUMAN SERVICES

MEDICAL SERVICES DIVISION

600 EAST BOULEVARD AVE, DEPT 325

BISMARCK, ND 58505

Solicitation Number: 325-25-415-054

Solicitation Type: Request for Proposal (RFP)

RFP Title: Psychiatric Residential Treatment Facilities (PRTF) Rate Model and Value Based Purchasing (VBP)

Issued: July 28, 2025

Purpose of RFP: To procure a consultant to create a rate model for PRTF to include VBP considering global budget and alternate payment methodologies.

Procurement Officer: Chad Bullinger

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

1.017 Specifications Prepared by Non-State Personnel

1.018 Supplier Registration (Payee)

SECTION TWO

Scope of Work

2.01 Background Information

2.02 Scope of Work

2.03 Location of Work

2.04 Prior Experience

2.05 Required Licenses

2.06 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

3.014 Business Associate Agreement

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 Cost Proposal

4.07 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

5.07 Cost Proposal

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 – Business Associate Agreement Attachment C – Cost Proposal Attachment D – 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, Medical Services Division (STATE) is soliciting proposals for a consultant to provide expertise and guidance to STATE on the creation of a rate model for PRTF, including VBP.

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: Chad Bullinger E-Mail: cmbullinger@nd.gov Phone: 701-328-4974 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: 918-12, 20, 21, 32, 49, 58, 75

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 and Cost Proposal in separate files.

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.

1.17 Specifications Prepared by Non-State Personnel

When a purchasing agency has specifications prepared by someone other than a state employee or official on behalf of the STATE, that person or business entity must be excluded from submitting bids or proposals in accordance with N.D.A.C. § 4-12-06-06.

1.18 Supplier Registration (Payee)

The successful offeror will be required to complete Supplier Registration, if not already registered as a Supplier. Any individual or business who will be receiving payment from a state agency or higher education institution must complete a registration process to collect important financial and taxpayer information. Payments are generally made by check or automatic clearing house (ACH), and taxpayer information must be collected in compliance with IRS requirements. The State and North Dakota University System (NDUS) have separate financial systems and vendor registration processes.

SECTION TWO

SCOPE OF WORK

2.01 Background Information

This solicitation addresses the creation of a rate model for PRTF to include VBP and evaluate global budget and alternate payment methodologies.

PRTF are facilities that provide children and adolescents with a comprehensive 24-hour therapeutic environment integrating group living, educational services, and a clinical program based upon an interdisciplinary clinical assessment and an individualized treatment plan that meets the needs of the child and family. They are available to children in need of and able to respond to active psychotherapeutic intervention and who cannot be effectively treated in their own family, in another home, or in a less restrictive setting.

North Dakota has six PRTF. North Dakota Administrative Code (NDAC) outlines Rate setting for PRTF in NDAC 75-02-09 and licensing requirements for PRTF for Children in NDAC 75-03-17 . The rates are set annually using cost reports submitted by the facility, NDAC 75-02-09 outlines the rate setting process and timelines.

2.02 Scope of Work

The scope of work is intended to describe specific expectations and services that the successful offeror will be responsible for completing once awarded.

A. An offeror’s proposal shall detail their proposed strategy to carry out the requirements of the following:

The offeror must provide comprehensive narrative statements that illustrate their understanding of rate setting practices, global based budgeting, and VBP relevant to the requirements of this Scope of Work of this RFP, as well as the state and federal law.

The offeror must demonstrate their familiarity with the current PRTF licensure in North Dakota and North Dakota’s rate setting process and timelines as discussed in Section 2.01.

B. The offeror must provide a detailed plan that will be sufficient to accomplish the requirements for each of the following tasks:

Task 1: Develop Work Plan for VBP rate structure recommendations

Successful offeror shall develop a work plan for VBP rate model recommendations for PRTFs, which include quality metrics, claims analysis, payment methodologies, and considers inflation rates. This task requires meetings with key STATE staff, to refine the proposed work plan and timeline relative to:

The work plan must include the following deliverables:

1. Analysis of provider costs and cost reports, including review of historical costs and occupancy, North Dakota PRTF costs compared to other states.

2. Analysis of PRTF assessment outcomes, gaps in PRTF services, and goals of PRTF best practice and services and sustainability of this funding model.

3. Facilitation of a workgroup, including subject matter experts and stakeholders to gather feedback to apply to the VBP rate model recommendation.

4. Development of a VBP rate model which includes quality metrics, claims analysis, payment methodologies, and considers inflation rates.

5. Development of measurable outcomes related to VBP rate model.

6. Recommendations for operationalizing the VBP model developed, along with how to do claim reconciliation, gathering, and reconciling outcome data, inflation, and future updates to the model.

7. Recommendations for NDAC changes, NDCC changes, and Medicaid State Plan Amendments based on VBP structure development and feedback received from workgroup.

A draft of the work plan shall be made available within ten working days after the official project start date. The final version of the work plan, including any necessary revisions to the timeline included in the proposal, shall be submitted to STATE no later than 15 working days after the official project start date. Before work on the remaining tasks may continue, the work plan and timeline will require final approval by STATE.

Task 2: Stakeholder Meetings

Successful offeror shall facilitate a workgroup of subject matter experts and stakeholders to gather feedback to apply to the VBP rate model recommendations. This task requires stakeholder meetings with key STATE staff and other identified stakeholders to:

1. Facilitate meetings with key STATE staff to gain an understanding of current processes surrounding PRTFs and the landscape and challenges from the STATE perspective.

2. Facilitate at least one in-person and up to six virtual public stakeholder and PRTF representative meetings to gain an understanding of the landscape and challenges facing current providers, discuss the recommended model, and develop a shared consensus on recommendations.

3. Facilitate a survey and/or focus group with North Dakota Medicaid members, custodians, and families who received PRTF care and outcomes most important to them.

Task 3: Prepare and deliver Final Report to STATE by April 30, 2026

Prepare and deliver a final report, to include recommendations and analysis related to:

1. NDAC, NDCC, and State Plan Amendments related to PRTF licensing and rate setting.

2. VBP rate structure, which includes quality metrics, claims analysis, payment methodologies, and considers inflation rates.

3. Measurable outcomes related to VBP rate model.

4. Stakeholder and workgroup feedback and action items.

A final report must be submitted to STATE by April 30, 2026. Successful offeror must be available for presentation in front of interim legislative committees at a date to be determined by the North Dakota Legislative Council.

The successful offeror shall designate a Project Director who will directly supervise the project staff responsible for the tasks described in this RFP. The Project Director, or a designee, shall be available to STATE staff from 8:00 am – 5:00 pm CT, Monday through Friday. STATE staff will be available to successful offeror to answer questions regarding policy and procedures, to coordinate responses to successful offeror questions, and to refer the successful offeror to appropriate staff, if necessary. Offerors shall include in their proposal the estimated time required with STATE staff.

Periodically, STATE may request the successful offeror to forward additional clarification memoranda, procedure updates, or other communications to the providers and stakeholders.

2.03 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.

2.04 Prior Experience

An offeror must have a minimum of five consecutive years of experience in rate analysis and consulting with a diverse background in rate setting and cost-based rate structures.

An offeror shall include its experience in the introductory section of its proposal. A proposal that does not identify its prior experience may cause the STATE to consider the proposal non-responsive and the STATE may reject the proposal.

2.05 Required Licenses

By the Deadline for Receipt of Proposals, an offeror must have and keep current any professional licenses and permits required by federal, state, and local laws for performance of a contract entered as a result of this RFP. An offeror who does not possess required licenses at the time proposals are due will be determined non-responsive.

2.06 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 and Extension

STATE intends to enter a contract effective October 1, 2025, through December 31, 2026.

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.

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 with an offeror’s proposal.

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.

3.14 Business Associate Agreement

A successful offeror is a "business associate" of STATE and must comply with all of the requirements for a business associate under the Health Insurance Portability and Accountability Act and the Health Information Technology for Economic and Clinical Health Act and the regulations issued pursuant to the Health Insurance Portability and Accountability Act and the Health Information Technology for Economic and Clinical Health. Successful offeror shall sign a Business Associate Agreement (Attachment B) with the North Dakota Department of Health and Human Services.

An offeror may state any objections or propose changes or additions to the Business Associate Agreement. Describe the changes to the Business Associate Agreement being proposed or provide a red-line of STATE’s Business Associate 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 Business Associate Agreement and submit any proposed changes with an offeror’s proposal.

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 and a cost proposal prepared in accordance with these instructions. The technical proposal and cost proposal must be submitted as separate documents, clearly labeled with the name of the offeror and marked “Technical Proposal” and “Cost Proposal.” Costs must not be revealed in the 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.

An offeror shall identify that it meets the minimum of five consecutive years of experience in rate analysis and consulting with a diverse background in rate setting and cost-based rate structures.

Offerors are instructed to review Section 6.02 Conflict of Interest. If the firm or its employees 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 and employees 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 shall define their proposed strategy to carry out the requirements of Section 2.02.

An offeror shall provide comprehensive narrative statements that illustrate their understanding of rate setting practices, global based budgeting, and VBP relevant to the requirements of Section 2.02 Scope of Work of this RFP, as well as the state and federal law.

An offeror shall demonstrate their familiarity with the current PRTF licensure in North Dakota and North Dakota’s rate setting process and timelines as discussed in Section 2.01 Background Information.

An offeror shall provide a detailed plan that will be sufficient to accomplish the requirements for each of the tasks in Section 2.02 Scope of Work.

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 confirm they will meet the April 30, 2026, deadline for submitting the final report to STATE.

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. If the offeror plans to use external sources, such as consultants, this should be included in the plan as well. An offeror shall identify, by name and title, the offeror’s staff who will be involved in carrying out this project.

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 submit two letters of reference which must demonstrate the offeror's capacity to provide services like those being purchased through this RFP. Offerors must include the name of a contact person, address, email, and telephone number. STATE may contact references provided for verification and to obtain additional information. Evaluation may be impacted if STATE is unable to contact the reference or the reference does not timely provide the requested information.

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.

An offeror shall describe its experience in rate setting, global budgeting, and VBP services being purchased or in providing services similar to the service being purchased.

An offeror shall describe its experience in rate model analysis, cost report analysis, and development of outcome measures.

An offeror shall provide a list of previous and current Medicaid accounts whose scope of work is considered similar to the scope of work included in this RFP.

4.06 Cost Proposal

An offeror shall provide a cost proposal that follows the same format of the “Cost Proposal” document, attached as Attachment C, and made a part of this RFP.

The Cost Proposal must consider STATE’s standard terms and conditions included in this RFP. Offeror must state all associated costs in U.S. currency.

A cost proposal that does not follow the format in Attachment C may be considered nonresponsive and may be rejected.

4.07 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 D, 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 criterion scores and cost proposal evaluation score 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 define their proposed strategy to carry out the requirements of Section 2.02 Scope of Work?

B) How well does the offeror’s comprehensive narrative statements illustrate their understanding of rate setting practices, global based budgeting, and VBP relevant to the requirements of Section 2.02 Scope of Work of this RFP, as well as the state and federal law?

C) How well does the offeror demonstrate their familiarity with the current PRTF licensure in North Dakota and North Dakota’s rate setting process and timelines as discussed in Section 2.01 Background Information?

D) Has the offeror provided a detailed plan and will the plan be sufficient to accomplish the requirements for each of the tasks in Section 2.02 Scope of Work?

E) Has 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-Five (25) 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? Did the offeror confirm they will meet the April 30, 2026, deadline for submitting the final report to STATE?

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

Twenty-Five (25) 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) Did the offeror submit two letters of reference that demonstrate the offeror's capacity to provide the services sought in this RFP?

C) 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?

D) Has the offeror described the offeror’s experience in rate setting, global budgeting, and VBP services being purchased or in providing services similar to the service being purchased?

E) Did the offeror describe its experience in rate model analysis, cost report analysis, and development of outcome measures?

F) Did the offeror provide a list of previous or current Medicaid accounts whose scope of work is considered similar to the scope of work included in this RFP?

5.07 Cost Proposal

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

The reciprocal preference law, N.D.C.C. § 44-08-01, was repealed effective August 1, 2023.

The proposal with the lowest total cost will receive the maximum number of points allocated. The point allocations for cost on the other proposals will be evaluated and determined as follows:

· Lowest Total Cost Cost being rated X Total Points for Cost Available = Awarded Points

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:

· North Dakota State Procurement Office Website: North Dakota Purchasing Preferences (nd.gov) For assistance contact: 701-328-2683 or infospo@nd.gov

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

Subcontractors are not allowed.

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…