RFP+325-25-810-003.docx

STATE OF NORTH DAKOTA

DEPARTMENT OF HEALTH AND HUMAN SERVICES

BEHAVORIAL HEALTH DIVISION

600 EAST BOULEVARD AVE, DEPT 325

BISMARCK, ND 58505

Solicitation Number: 325-25-810-003

Solicitation Type: Request for Proposal (RFP)

RFP Title: Human Service Center Mental Health Support - Region III and Region VI

Issued: January 16, 2025

Purpose of RFP: To procure non-clinical mental health support for Human Service Center staff in Region III (Devils Lake) and Region VI (Jamestown).

Procurement Officer: Tami Conrad

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 Budget

2.03 Scope of Work

2.04 Location of Work

2.05 Prior Experience

2.06 Required Licenses

2.07 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 Experience and Qualifications

4.05 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 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, Behavioral Health Division, (STATE) is soliciting proposals to procure non-clinical mental health support for Human Service Center staff in Region III (Devils Lake) and Region VI (Jamestown).

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: Tami Conrad E-Mail: tconrad@nd.gov Phone: 701-328-8733 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(s) is determined to have a registration requirement with the North Dakota Secretary of State, they must be registered before the contract(s) 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 – 21, 62

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):

Offerors 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.

Offerors 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.

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(s) 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

STATE operates eight regional Human Service Centers that provide behavioral health services to North Dakotans. The centers’ mission is to provide timely and effective behavioral health services to citizens of North Dakota to improve the quality of life through achieving and sustaining recovery.

Clinical and non-clinical staff at the Human Service Centers provide 24-hour crisis services seven days a week, walk in assessments and outpatient services. The Human Service Centers provide immediate care and referral services to those who enter the center and ensure mobile response crisis services within a 45-mile radius of each center.

STATE intends to enter into contracts with no more than two successful offerors. It is STATE’s intent to enter into a contract with one provider for each of Region III and Region VI. See North Dakota Human Service Center regional map listed below.

2.02 Budget

STATE intends to make no more than two awards, not to exceed $30,800 each, for the period March 3, 2025, through September 30, 2025.

It is the expectation is that all proposals will be priced at the not to exceed amount of $30,800, therefore, cost will not be a component of the evaluation criteria. Reimbursements shall be made on a monthly basis by submitting a SFN 1763 by the 10th of the following month.

2.03 Scope of Work

Offerors shall identify the region(s) it is submitting a proposal for. If an offeror submits a proposal for more than one region, the offeror must describe the services for each region. An offeror’s proposal will be scored against proposals for that region only and will not be scored against proposals submitted for the other region. Each region will be awarded a separate contract. An offeror submitting a proposal for more than one region may or may not receive multiple awards.

The successful offeror(s) shall provide services in a manner that are recovery-oriented, trauma-informed, and person-centered.

The successful offeror shall provide two hours of in person mental health support (not therapy) weekly at the Lake Region Human Service Center (Region III) in Devils Lake, North Dakota, and one hour of mental health support in person or via telehealth at its satellite clinic in Rolla, North Dakota.

The successful offeror shall provide two hours of in person mental health support (not therapy) weekly at the South Central Human Service Center (Region VI) in Jamestown, North Dakota, and one hour of mental health support in person or via telehealth at its satellite clinic in Valley City, North Dakota.

The successful offeror(s) must be a North Dakota licensed mental health professional able to work independently without supervision.

The successful offeror(s) must not have been employed by STATE at any regional Human Service Center(s) within the last five years.

The successful offeror(s) must be able to provide services via telehealth.

The successful offeror(s) shall provide non-clinical mental health support to center staff. If a referral for additional resources is needed, successful offeror(s) shall assist staff with accessing services and/or refer staff to the North Dakota Mental Health Directory for additional resources.

The successful offeror(s) shall describe their ability to collect and report on process and outcome measures.

2.04 Location of Work

STATE will not provide workspace for the successful offeror.

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

2.05 Prior Experience

Successful offeror(s) must be independently licensed to provide mental health services in North Dakota and shall have experience providing mental health services. The successful offeror(s) must have completed an Accelerated Resolution Therapy (ART) training by the contract start date.

2.06 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(s) 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.

2.07 Federal and State Requirements

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

SECTION THREE

GENERAL CONTRACT INFORMATION

3.01 Contract Term and Extension Option

STATE intends to enter a contract effective March 3, 2025, through September 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.

3.02 Contract Type

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

3.03 Standard Contract Provisions

The successful offeror(s) will be sent a contract(s) to sign and return to STATE. The successful offeror(s) 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(s) 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 offerors’ proposal may be incorporated into any contract(s) 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(s) 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(s) award. After award of contract(s):

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(s) but not earlier than the contract start date. Upon written notice to the successful offeror(s), STATE may set a starting date for a contract(s) 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 and Extension Option. STATE is not responsible for reimbursing the successful offeror(s) 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(s) resulting from this RFP, the successful offeror(s) 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(s). When additional work is required, STATE shall provide the successful offeror(s) a written description of the additional work and request the successful offeror(s) to submit a proposal for accomplishing the additional work. The successful offeror(s) 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(s) shall provide STATE with a valid Vendor Taxpayer Identification Number as a provision of the contract(s) 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(s) in the performance of the contract(s) resulting from this RFP.

STATE will determine if services provided under the contract(s) resulting from this RFP are 1099 reportable. STATE may require the successful offeror(s) 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(s) under a contract(s) resulting from this RFP.

3.11 Contract Personnel

STATE must approve any change of the successful offerors’ 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(s).

3.12 Right to Inspect Place of Business

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

3.13 Inspection & Modification – Reimbursement for Unacceptable Services

The successful offeror(s) is responsible for the completion of all work set out in a contract(s) 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(s) resulting from this RFP.

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

Substantial failure of the successful offeror(s) to perform a contract(s) resulting from this RFP may cause STATE to terminate a contract(s). If STATE terminates a contract(s) resulting from this RFP because the successful offeror(s) fails to perform the contract(s), STATE may require the successful offeror(s) 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, offerors 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.

An offeror shall identify that they are independently licensed to provide mental health services in North Dakota and identify its prior experience providing mental health services. An offeror must have completed ART training or will have completed ART training by the contract start date. A proposal that does not identify its prior experience may cause the STATE to consider the proposal nonresponsive and the STATE may reject 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(s) resulting from this RFP fails to comply with this paragraph, STATE also reserves the right to terminate the contract(s) 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 which Human Service Center region and the geographic location the offeror plans to serve for this RFP.

An offeror shall describe how they will accommodate the requirements of providing in person mental health support at the Human Service Center.

An offeror shall describe how they will accommodate the requirements of providing in person or telehealth mental health support to the region’s satellite clinic.

An offeror shall describe their ability to collect and report on process and outcome measures.

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

4.04 Experience and Qualifications

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

An offeror shall provide a current copy of their North Dakota license to provide psychotherapy.

An offeror shall describe their clinical experience, educational background, and training in trauma.

An offeror shall describe their experience providing services via telehealth.

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.

4.05 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(s) to the responsible offeror(s) 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 criterion 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

Forty (40) 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) Does the offeror identify which Human Service Center region and the geographic location the offeror plans to serve for this RFP?

C) How well does the offeror describe how they will accommodate the requirements of providing in person mental health support at the Human Service Center?

D) How well does the offeror describe how they will accommodate the requirements of providing in person or telehealth mental health support at the region’s satellite clinic?

E) How well does the offeror describe their ability to collect and report on process and outcome measures?

F) Does offeror identify any pertinent issues and potential problems related to the work to be completed, and do they provide solutions?

5.05 Experience and Qualifications

Sixty (60) 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 provide a current copy of their North Dakota license to provide psychotherapy?

C) How well does the offeror describe their clinical experience, educational background, and training in trauma?

D) How well does the offeror describe their experience providing services via telehealth?

E) 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(s) 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(s) 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 and cost) 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

The preference given to a resident North Dakota offeror will be equal to the preference given or required by the state of the nonresident offeror. A “resident” North Dakota offeror, seller, or contractor is one that has maintained a bona fide place of business within this state for at least one year prior to the date the contract(s) was awarded.

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(s). 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(s) 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(s) 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(s) 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(s) and STATE sign the contract(s) 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 document titled: Attachment B – Evaluation Tool image1.gif