RFP+325-25-970-064.docx

STATE OF NORTH DAKOTA

DEPARTMENT OF HEALTH AND HUMAN SERVICES

WEST CENTRAL BEHAVIORAL HEALTH CLINIC

1237 WEST DIVIDE AVENUE, STE. 5

BISMARCK, ND 58501-1208

Solicitation Number: 325-25-970-064

Solicitation Type: Request for Proposal (RFP)

RFP Title: Crisis Drop-In and Stabilization Unit

Issued: August 29, 2025

Purpose of RFP: To procure an entity to establish and operate a no more than 15 bed sub-acute Crisis Drop-In Stabilization Unit for individuals with mental illness and/or substance use disorder in Bismarck, North Dakota.

Procurement Officer: Holly Kangas

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 Required Licenses

2.05 Federal and State Requirements

SECTION THREE

General Contract Information

3.06 Supplemental Terms and Conditions

3.07 Contract Approval

3.08 Contract Changes – Unanticipated Amendments

3.09 Taxes and Taxpayer Identification Number

3.010 Proposed Payment Procedures

3.011 Contract Personnel

3.012 Right to Inspect Place of Business

3.013 Inspection & Modification – Reimbursement for Unacceptable Services

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 – Crisis Drop-In and Stabilization Unit Policy and Procedure Attachment B – Sample Purchase of Service Agreement Attachment C – Business Associate Agreement Attachment D – Cost Proposal Attachment E – 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, West Central Behavioral Health Clinic (STATE) is requesting proposals for an entity to establish and operate no more than a 15 bed sub-acute Crisis Drop-In Stabilization Unit for individuals with mental illness and/or substance use disorder in Bismarck, North Dakota.

1.02 Procurement Officer Contact Information

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

Procurement Officer: Holly Kangas E-Mail: hkangas@nd.gov Phone: 701-328-8671 TTY Users Call: 7-1-1

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

1.03 RFP Schedule

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

1.04 Assistance to Individual with a Disability

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

1.05 Secretary of State Registration Requirements

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

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

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

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

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

· If you need to register, fees apply.

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

1.06 Bidders List Registration

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

The commodity code used for this solicitation is: 952 – 05, 06, 15, 21, 59, 85, and 95.

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 (DHHS) 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(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 is one of eight regional behavioral health clinics within the North Dakota DHHS. The clinic provides behavioral health services to residents of Burleigh, Emmons, Grant, Kidder, McLean, Mercer, Morton, Oliver, Sheridan, and Sioux counties, the Standing Rock Sioux Tribe, and part of the Mandan, Hidatsa, and Arikara Nation (Three Affiliated Tribes) in North Dakota (Region VII).

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.

An offeror must provide a detailed response for each of the following sections:

Compliance with State Policy and Procedure

Successful offeror shall comply with STATE’s Crisis Drop-In and Stabilization Unit Policy and Procedure, as listed in Attachment A, and made a part of this RFP. Any updates or changes to the Crisis Drop-In and Stabilization Unit Policy and Procedure, will be discussed with the successful offeror.

General Requirements:

1. Successful offeror shall provide a Crisis Drop-In Stabilization Unit for all individuals 18 years old and older with a self-defined behavioral health crisis.

Offeror Response:

2. Successful offeror shall provide residential services, 24 hours per day, seven days per week, 365 days per year (24/7/365) by awake staff, along with regularly scheduled/documented bed checks; more frequent bed checks shall be directed by STATE Treatment Team when risk factors are present.

Offeror Response:

3. Successful offeror shall provide room and board, to include a minimum of three full meals per day. Meals shall adhere to the federal Dietary Guidelines. Successful offeror shall not use an individual’s served Supplemental Nutrition Assistance Program (SNAP) Electronic Benefits Transfer (EBT) funds. Successful offeror shall provide full meals to individuals admitted outside of normal mealtimes when requested by an individual and/or STATE Treatment Team.

Offeror Response:

4. STATE shall be responsible for all decisions related to admission and discharges.

Offeror Response:

5. Successful offeror’s daily bed capacity shall be no more than 15 individuals served.

Offeror Response:

6. Successful offeror shall maintain confidentiality and comply with all federal and state regulations in relation to confidentiality. Services shall be confidential and only disclosed as required by law, or for other purposes permitted under the Health Insurance Portability and Accountability Act (HIPAA), HIPAA regulations, and Title 42 C.F.R. Part 2.

Offeror Response:

7. Successful offeror shall establish protocols to ensure that systems and processes: follow HIPAA law and regulations and Title 42 C.F.R. Part 2; use both physical and electronic access controls; and perform regular vulnerability and penetration testing.

Offeror Response:

8. Successful offeror shall provide a maximum of 40 hours per week of Registered Nurse in-person coverage. STATE will not reimburse for hours not worked. All overtime needs to be preapproved by STATE.

Offeror Response:

9. Successful offeror shall not enter into any agreements with current individuals served; for example, hiring individuals served to do work or bartering for a service.

Offeror Response:

10. Successful offeror shall attend quarterly Community Coordinators Meetings identified by STATE to participate in discussions about community trends. Successful offeror shall report program updates and data reporting to the members.

Offeror Response:

11. Successful offeror shall provide a safe and well-maintained facility free of environmental hazards. Successful offeror is expected to remedy environmental hazards in a timely fashion.

Offeror Response:

12. Successful offeror shall provide the required furnishings and residential supplies to include, but not be limited to:

a. Common area with furniture and television equipped with the ability to watch educational/therapeutic videos.

Offeror Response:

b. Dining room, to include a table and chairs to sit down and eat meals.

Offeror Response:

c. Bedroom to include, at minimum, a nightstand, bed with sheets and pillow, and, where appropriate, a dresser.

Offeror Response:

d. For individuals with indigent status, as determined by STATE, hygiene supplies to keep a person clean and healthy to include, but not limited to: shampoo, body soap/wash, brush/comb, deodorant/antiperspirants, toothbrush, and toothpaste.

Offeror Response:

e. Private room to provide therapeutic interventions with appropriate office furniture.

Offeror Response:

13. Successful offeror shall develop and demonstrate consistent compliance with Attachment A, Crisis Drop-In and Stabilization Unit Policy and Procedure. Successful offeror’s policies and procedures manual for this program must be submitted to STATE within 30 days of signing the Purchase of Service Agreement. Any updates or changes to any and all policies and procedures need to be submitted to STATE within 30 days of the update and/or change. All policies and procedures must be approved by STATE, as well as any revisions and/or changes. Policies and procedures must include, but are not limited to, the following:

a. Tobacco free environments. Successful offeror shall:

i. Incorporate the language detailed in Attachment A, Crisis Drop-In and Stabilization Unit Policy and Procedure.

Offeror Response:

ii. Include a screen for tobacco use and tobacco use disorder of individuals served as part of the initial and ongoing assessment record.

Offeror Response:

iii. Integrate tobacco use disorder treatment into the treatment services provided (referral out for tobacco dependence treatment does not qualify as integration).

Offeror Response:

iv. Integrate education specific to tobacco use disorder into clinical programming. Such education may be included in other individual served education programming, such as substance education, Human Immunodeficiency Virus (HIV) education, and other education.

Offeror Response:

b. Successful offeror is responsible for purchasing and providing the Food and Drug Administration (FDA) approved tobacco treatment medications for use by individuals served. STATE may assist with administering FDA-approved tobacco treatment medications and training needs for successful offeror staff to be Tobacco Treatment Specialist certified, as appropriate.

Offeror Response:

14. Successful offeror shall follow the DHHS Code of Conduct; and show action towards staff adherence.

a. Safety and Risk Management Offeror Response:

b. Develop a written emergency plan that identifies the procedures for dealing with fire emergencies, natural disasters or severe weather, man-made disasters, pandemics, and other emergency situations.

Offeror Response:

c. Mandated Reporting Offeror Response:

d. Confidentiality Offeror Response:

e. Employment Practices Offeror Response:

f. To include, but not be limited to, how successful offeror verifies the background, qualifications, and credentials of staff members.

Offeror Response:

g. Information related to recovery and continuation of system operations after a natural or human-induced disaster.

Offeror Response:

h. In the event there is an interruption in service lasting over two hours impeding the ability to meet the requirements of this RFP, successful offeror shall notify STATE Regional Director and Clinical Director via email and/or phone within four hours of the time of onset with details of the disruption and planned resolution, including which services were impacted.

Offeror Response:

i. To include an outline of recovery and continuation of the system operations in the event of a natural or human-induced disaster. Disaster criteria policies and procedures shall be subject to review.

Offeror Response:

15. Successful offeror must comply with any STATE-created Policies and Procedures as they are released/revised and deemed applicable to the Crisis Drop-In and Stabilization Unit. STATE will communicate changes to successful offeror in writing/electronically.

Offeror Response:

16. Successful offeror shall scan documents related to the individual served (i.e., court, medical, consent, releases, etc.) in STATE’s Electronic Health Record, e.g. Avatar.

Offeror Response:

17. Successful offeror shall provide documents related to the individual served (i.e., court, medical, consent, releases, etc.) within 30 days.

Offeror Response:

18. Successful offeror shall use a business email domain that allows for encryption to communicate with STATE and have the ability to transmit documents and needed information under state and federal privacy standards previously stated in this section.

Offeror Response:

19. Successful offeror shall comply and maintain compliance with all requirements identified in the Scope of Work. If not compliant, successful offeror shall create and submit a plan within 30 days to STATE which includes how successful offeror will remedy the noncompliant element/s.

Offeror Response:

20. Successful offeror must follow STATE’s policies and procedures for use of state fleet vehicles. Successful offeror’s approved staff may transport STATE’s clients utilizing state fleet vehicles. Successful offeror’s staff must carry proof of automobile insurance when operating a state fleet vehicle.

Offeror Response:

Staffing Requirements:

1. Successful offeror shall maintain minimum staffing ratios as required by the Crisis Drop-In and Stabilization Unit Policy and Procedure in Attachment A of this RFP. These ratios are critical to ensuring the safe and effective operation of the Crisis Drop-In and Stabilization Unit, including maintaining licensed bed capacity.

Offeror Response:

2. Successful offeror shall submit staffing reports on a monthly basis, or upon request by STATE, detailing actual staffing levels, vacancies, and any staffing shortages that impact unit operations or capacity. STATE reserves the right to audit staffing records.

Offeror Response:

3. Sanctions for Noncompliance Impacting Bed Capacity:

a. If successful offeror fails to maintain the required staffing ratios and this failure results in a reduction of operational bed capacity for more than three months, financial withholding sanctions shall apply:

i. For each day that bed capacity is reduced due to insufficient staffing, STATE may withhold up to 25% of the daily rate per closed bed from successful offeror’s monthly payment. (Example: Billable daily rate of $300. Successful offeror has five beds closed for 30 days. STATE may withhold max of 25% of daily rate, which would be $75 per day. $75 x 5 closed beds = $375 per day. $375 x 30 days total would be $11,250 max reduction of payment.)

Offeror Response:

b. Notification - successful offeror must notify STATE, in writing, within 24 hours of any reduction in bed capacity due to staffing shortages, including actions taken to remedy the issue.

Offeror Response:

c. Restoration of full staffing ratios must be maintained continuously for a minimum of 30 calendar days before the reduction period is considered resolved and any associated sanctions discontinued. Temporary compliance (e.g., achieving staffing ratios for fewer than 30 consecutive days) shall not reset or interrupt the cumulative duration of noncompliance used to determine sanctions. STATE reserves the right to verify staffing levels through documentation and/or site visits.

Offeror Response:

d. Corrective Action and Remediation - In the event of repeated or extended staffing-related capacity reductions, successful offeror shall develop and submit a Corrective Action Plan (CAP) within five business days of notice from STATE. Failure to submit or implement an approved CAP may result in further sanctions or contract termination.

Offeror Response:

Personnel:

1. Successful offeror shall obtain employee background checks and maintain documentation in employee files. Successful offeror shall not hire an individual if they currently have a felony, class A misdemeanor or class B misdemeanor convictions, pled guilty to or pled No Contest to the listed charges in NDAC 75-02-05-11.

Offeror Response:

1. Successful offeror shall seek approval from STATE if the individual obtaining employment has any other charges/convictions and successful offeror does not hire due to those reasons.

Offeror Response:

1. Successful offeror shall maintain personnel files and conduct at least annual reviews on all employees. Successful offeror shall create performance improvement plans for each rating element if ratings are less than satisfactory/meets standards.

Offeror Response:

1. Successful offeror shall be responsible for providing sufficient and qualified staff members to meet the needs of the individuals served.

Offeror Response:

Programming:

1. Successful offeror and STATE shall identify Treatment Team members for individuals served.

Offeror Response:

2. Successful offeror shall only accept all admissions of individuals identified by STATE Treatment Team.

Offeror Response:

3. Successful offeror shall only discharge individuals identified by STATE Treatment Team.

Offeror Response:

4. Successful offeror shall ensure that documentation is entered into STATE’s Electronic Health Record within 24 hours of the service being provided. The standard of care is within the same shift as the service was provided or concurrently, if possible.

Offeror Response:

5. Discharge Arrangements: when STATE determines level of care has changed, successful offeror shall arrange to transport that individual served to the recommended level of care if law enforcement or emergency transport is not required. Successful offeror shall complete the required discharge documents and compete checkout procedures with the individual served. Successful offeror shall then transport the individual served to the needed location based on the recommendation of STATE. This could include, but is not limited to:

a. Walk in clinic or hospital (non-emergent)

b. Home

c. Treatment Center

d. Crisis Drop-In and Stabilization Unit

e. Homeless Shelter

f. Family/support person’s home Offeror Response:

Management Plan:

1. 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.

Offeror Response:

2. An offeror shall include an organizational chart which describes the offeror’s organization and illustrates lines of authority and communication and designates the individual(s) responsible and accountable for assuring the services are provided according to the offeror’s proposal and STATE’s requirements. An offeror shall identify, by name and title, the offeror’s staff who will be involved in carrying out this project. If the offeror plans to use external sources, such as consultants, this should be included in the plan as well.

Offeror Response:

3. An offeror shall describe how it will provide 24-hour supervision of residents with a 1:5 ratio.

Offeror Response:

4. 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).

Offeror Response:

Experience and Qualifications:

1. 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.

Offeror Response:

2. 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.

Offeror Response:

3. An offeror shall demonstrate its ability to work with the dually diagnosed population.

Offeror Response:

4. An offeror shall demonstrate a history of working effectively with behavioral health service center systems of care other community stakeholders.

Offeror Response:

5. An offeror shall demonstrate its ability to facilitate holistic, stage-based intervention strategies for the individuals serviced and provide evidence of ability to track and report on identified outcome measures.

Offeror Response:

6. An offeror shall provide information specific to the staff assigned to accomplish the work called for in this RFP, including any applicable license and certifications.

Offeror Response:

7. An offeror shall provide a narrative description of the organization of the project team and a staff roster that identifies each staff member providing services through a contract resulting from this RFP and provide resumes of each staff member. An offeror shall identify the job description of any vacant positions including minimum qualifications.

Offeror Response:

2.03 Location of Work

STATE will not provide workspace for the successful offeror. The successful offeror shall be responsible for site and location selection, subject to the approval of STATE.

The successful offeror shall be responsible for the coordination of all building construction, renovation, or changes necessary to operate the sub-acute Crisis Drop-In Stabilization Unit in conformity with the provisions of the Purchase of Service Agreement, subject to the approval of STATE.

The successful offeror shall comply with all applicable federal, state, and local ordinances, including applicable zoning, building code, and health code ordinances. The successful offeror shall be responsible for securing any necessary zoning ordinance changes or amendments necessary to develop a site for the operations of the facilities and programs.

2.04 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.

Successful offeror shall comply with the North Dakota State Licensure Requirements as dictated by STATE.

2.05 Federal and State Requirements

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

SECTION THREE

GENERAL CONTRACT INFORMATION

3.01 Contract Term, Extension, and Renewal Options

STATE intends to enter a contract effective January 1, 2026, through June 30, 2027.

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

The contract resulting from this RFP may be renewed upon satisfactory completion of the initial contract term. STATE reserves the right to renew the contract for up to three additional periods, each period of renewal being for 24 months, upon written agreement by both parties. The contract will not automatically renew. STATE will provide written notice to the successful offeror of its intent to renew this contract at least 30 days before the contract’s expiration date. The estimated dollar amount for renewal options is dependent upon legislative appropriation. STATE and successful offeror may adjust the rates for each renewal period.

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 B, 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 Successful offeror 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 successful offeror 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 successful offeror 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 successful offeror 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 successful offeror. In the case of employees performing the services in the state, the successful offeror 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 C) with the North Dakota Department of Health and Human Services, and provide assurance that it has similar agreements with any subcontractor providing services on behalf of successful offeror in connection with any services provided to successful offeror by a subcontractor related to a contract resulting from this RFP.

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.

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 must provide a response in the Offeror’s Response boxes for each requirement in Section 2.02 Scope of Work under General Requirements, Staffing Requirements, Personnel, and Programming.

An offeror must provide comprehensive narrative statements that illustrate their understanding of the requirements of Section 2.02 Scope of Work of this RFP, as well as the state and federal law.

An offeror shall define their proposed strategy to carry out the requirements of Section 2.02.

An offeror shall provide a detailed plan that will be sufficient to accomplish the requirements of this RFP.

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 must provide a response in the Offeror’s Response boxes for each requirement in Section 2.02 Scope of Work under Management Plan.

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

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

An offeror shall describe how it will provide 24-hour supervision of residents with a 1:5 ratio.

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 must provide a response in the Offeror’s Response boxes for each requirement in Section 2.02 Scope of Work under 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.