RFR 210930 Massachusetts Impaired Driving MID Program_revised 3-24-2020.doc
DOC document 185 KB Posted
- Solicitation number
- BD-20-1031-BSAS0-BSA01-48802
- Issued by
- Worcester County, Massachusetts
About this file
This document is a Request for Response (RFR) issued by the Massachusetts Department of Public Health Bureau of Substance Addiction Services (BSAS) for the statewide Massachusetts Impaired Driving (MID) program. The RFR seeks proposals from licensed substance use outpatient programs to provide services for the MID program, which is an educational/treatment program for individuals convicted of an Operating Under the Influence (OUI) charge. Qualified bidders must provide a 38-hour, 16-week program model that includes psycho-educational group sessions, victim impact awareness, and attendance at community-based self-help meetings. The RFR has a rolling deadline, with bidders able to submit proposals during the entire contract period, which is anticipated to be up to 5 years with two 2-year renewal options.
The RFR specifies that services will be reimbursed on a unit rate basis in accordance with 101 CMR 346.00, Rates for Certain Substance Abuse Services. BSAS will pay for services provided to indigent individuals under its Payer of Last Resort Policy. The RFR also outlines performance requirements and contract monitoring, including expected results related to client completion rates, referrals to substance use treatment, and attendance at regional provider meetings. Bidders must agree to participate in a coalition that meets minimum requirements established by BSAS.
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The Commonwealth of Massachusetts
Department of Public Health
BUREAU OF SUBSTANCE ADDICTION SERVICES
Address: 250 Washington St. 3rd Floor, Boston, MA 02108 Contact Name: Kevin Botelho Telephone #: 617 - 624 - 5167 Fax #: 617-624-5185
Email: Kevin.Botelho@state.ma.us
Request for Response (RFR)
Document Title: Massachusetts Impaired Driving (MID) Program COMMBUYS BID Number: BD-20-1031-BSAS0-BSA01-48802 ASK "RFR Number/Document Number" \* MERGEFORMAT DPH RFR Document Number: 210930 02/19/2020
1.0 Procurement Scope and Description:
The Bureau of Substance Addiction Services (BSAS) seeks proposals from vendors to provide services for the statewide Massachusetts Impaired Driving program (MID) network. (Please note that this RFR was formerly procured under the title Massachusetts Driver Alcohol Education (DAE) program.) Vendors must be licensed as a substance use outpatient program and must comply with all applicable licensing regulations detailed in 105 CMR 164.00. All eligible applicants that meet minimum qualification requirements, as demonstrated by this qualification process, will be authorized for reimbursement through the MID blanket intended for the outpatient MID service network.
The Massachusetts Impaired Driving program (MID) is an educational/treatment program for persons convicted of an Operating Under the Influence (OUI) charge. The MID program is offered to individuals ordered by Massachusetts District Courts to complete a state-approved psycho-educational program as a consequence of a conviction for Operating Under the Influence, first offense. The topics are related to the use of alcohol and other drugs and their effects on driving as well as on the wider effects of substance use on behavior. The intent of the program is to raise participants’ awareness of these effects and to influence behavioral changes, thereby lowering risk for any future OUI and/or substance-use-based problems. DPH will pay for indigent individuals in accordance with the Department’s Payer of Last Resort Policy and as approved for use within Massachusetts Impaired Driving (MID) Services operating under the auspices of an outpatient license.
All previously approved outpatient Driver Alcohol Education service vendors must respond to this RFR in order to remain qualified for reimbursement of services through the MID blanket funding.
The COVID-19 state of emergency has forced us to prioritize our resources. Previously approved outpatient Driver Alcohol Education service vendors who submit their applications by April 15, 2020 will receive priority in the review process in order to have a contract in place for July 1, 2020. Wherever possible the goal is to ensure that there will not be a break in services. Vendors who have not been previously approved will be reviewed but BSAS cannot guarantee a July 1, 2020 contract start date.
1.0.1 Background Information:
Driving/operating under the influence (DUI/OUI) is a crime throughout the United States. Tougher laws and enforcement of those laws have significantly lowered the number of drunk-driving-related highway deaths since the 1980s. Education, intervention, and treatment nevertheless remain necessary to reduce Operating Under the Influence. According to data from the National Highway Traffic Safety Administration, 10,511 people were killed in crashes involving alcohol in 2018. In this report, the State of Massachusetts reported 120 alcohol-related traffic fatalities. With changes in the Massachusetts marijuana laws as well as the opioid epidemic, it is possible that users of these substances will be driving while impaired as well.
Massachusetts General Law Chapter 90, Section 24D requires the Department of Public Health to establish and administer driver alcohol education programs statewide. First-time offenders are allowed to participate in an education program as an alternative sanction to more stringent legal consequences. The main goals of the program are to reduce the risk of further re-offense by educating participants on how substance use was involved in their arrest and to intervene in the lives of those who may perceive themselves as problem substance users. Additionally, the program attempts broader behavior modifications through education about the impact of substance use on family, work, and community interactions. Finally, the program informs participants of other community services available to address high-risk behaviors and makes appropriate referrals as needed.
1.2 Applicable Procurement Law
| Check Appropriate Box (“X”): |
| Type of Purchase |
| Applicable Laws |
Executive Branch Goods and Services
| Goods and Services |
| MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00 |
| Human and Social Services |
| MGL c. 7, § 22, § 22N; c. 30, § 51, § 52; 801 CMR 21.00; 808 CMR 1.00 |
Legal Services
MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b)
| Grants |
| MGL c. 7A, § 7; St. 1986 c. 206, § 17; 815 CMR 2.00 |
1.3 Whether Single or Multiple Contractors Are Required For Contract(s):
Check One (“X”):
Single Contractor
FORMCHECKBOX
Multiple Contractors
1.4 Calendar Rule Type:
| Check One (“X”): |
| Type |
| Standard |
| Procurement will not be reopened after the Bid Opening Date (Response deadline date) |
FORMCHECKBOX
| Open |
| May be reopened at a time and for a duration deemed necessary by the Department. |
FORMCHECKBOX
| Rolling |
| Bidders may submit unsolicited proposals during the entire contract period. |
1.5 Acquisition Method: Fee for Service:
| Check One (“X”): |
| Category |
Cost Reimbursement
FORMCHECKBOX
Unit Rate
Other:
1.6 Use of a Procurement by a Single or Multiple Departments:
| Check One (“X”): |
| Eligible Entities |
FORMCHECKBOX
Limited User Contract – Restricted to Use by Issuing Entity Only.
FORMCHECKBOX
Limited User Contract – Restricted to Use by Defined Entities Only. Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities:
· Identify additional Eligible Entities by name or type.
The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.
1.7 Expected Duration of Contract:
Anticipated Initial Duration up to: 5 years
Anticipated Renewal Options: 2 options to renew for 2 year(s) each option
Final End Date of this Contract: June 30, 2030
1.8 Anticipated Expenditures, Funding Or Compensation For Expected Duration Estimated Value of Procurement (Including Anticipated Renewal Options):
Amount: $6,100,000 Check One (“X”):
Contract will have a Maximum Obligation
FORMCHECKBOX
Rate Contract: Contract will NOT have a Maximum Obligation Amount
Will Federal Funds be used to fund any part of Contract(s)?
FORMCHECKBOX
No
| Yes* |
| To What extent? |
*Providers receiving federal grant funds will be considered sub-recipients for federal grant purposes and will be required to comply with applicable federal requirements, including but not limited to sub-recipient audit requirements under OMB Circular A-133.
Capital, Trust and Federal Accounts Only: Any funds designated in the budget that are unspent in any fiscal year will not be available for expenditure in the subsequent fiscal year.
Notice concerning rates of payment – implementation of Chapter 257 of the Acts of 2008: An Act Relative to Rates for Human and Social Service programs, provides that the Secretary of Health and Human Services has the sole responsibility for established rates of payment for social service programs purchased by governmental units of the Executive Office. Contractors will be reimbursed based on rates established by EOHHS regulation, 101 CMR 346.00, and other applicable rate regulations as may be amended from time to time during the duration of the Contract. As a result of Chapter 257, during the life of the Contract, rates of payment and reimbursement structures may change.
Commercial Earnings Fees: Revenues generated by for-profit organizations that are awarded contracts under this RFR may not exceed expenses incurred except in cases where a ‘for profit earnings fee’ has been negotiated between the Department and the contractor and incorporated into the approved contract. Should no earnings factor be recognized in the contract, the earnings fee shall be assumed to be zero.
Start Up and Capital Budget: Any start-up costs deemed necessary will be negotiated between the purchasing Agency and the provider. Payment rates for start-up costs will be governed by 114.5 CMR 4.00 Rates for Certain Social, Rehabilitation, and Health Care Services or any successor regulation, and 808 CMR 1.00 Compliance, Reporting and Auditing for Human and Social Services. Any capital requests deemed necessary will be negotiated between the purchasing Agency and the provider and will be governed by 114.5 CMR 4.00 and any successor regulation, 808 CMR 1.00 and the Operational Services Division Purchase of Service (POS) Capital Items Procurement Policy.
2.0 Specifications
Who Can Apply
Qualifications / Licensing Requirements
· Qualified bidders must be licensed to provide Substance Use Outpatient Ambulatory Counseling services and comply with all licensing regulations detailed in 105 CMR 164.00.
· Once awarded, new providers will be expected to schedule a site visit with a BSAS contract manager prior to the contract start date.
Who Is Served
The targeted population is first-time offenders convicted of operating under the influence as specified under current Massachusetts State law. Participants are primarily referred from Massachusetts District Trial Courts; however, participants may also be referred from out-of-state Courts and the Registry of Motor Vehicles (RMV).
Massachusetts drivers who are under 21 years of age may also be referred from the Massachusetts Registry of Motor Vehicles under the provisions described in Massachusetts General law Chapter 90,Section 24 (P).
Regulation 105 CMR 164.212 (B) (2) specifies that bidders must assess the client’s developmental status, including social, emotional and cognitive functioning, to determine whether the client is able to participate in programming designed for adults.
Reimbursement for the following units: individual and group will be on a class rate basis in accordance with 101 CMR 346.00, Rates for Certain Substance Abuse Services, as set by the Executive Office of Health and Human Services. These units are targeted toward indigent individuals in accordance with the Department’s Payer of Last Resort Policy and are approved for use within Massachusetts Impaired Driving (MID) Services operating under the auspices of an outpatient license.
Service Components
Program Standards In order to be awarded a contract, bidders must agree to provide the following program components and standards and to maintain relationships with other systems. Awardees will be asked to show proof of compliance with service components in their annual report.
· Programs will conduct intake admissions in accordance with 105 CMR 164.072 and 105 CMR 164.212 (B) (1). The intake session will be limited to no more than 90 minutes.
· Bidders will use the Adult Substance Use and Driving Survey – ASAM (computerized version of the ASUDS-RM) assessment tool(s) as stipulated in 105 CMR 164.211 (B) (3). Bidders will also be required to conduct periodic in-house training for clinicians in order to ensure proper administration of the tool. Statewide trainings may be provided by BSAS as needed.
· Client records must contain all of the distinct elements as described in 105 CMR 164.083. In addition, programs must implement the standardized client-agency agreement as developed by the Bureau in July of 2005 (copy available upon request). Providers need to update the client-agency agreement form over the contract period as needed.
· All declarations of client indigence by the Courts must be signed only by a judge and filed in the client’s record.
· Both youth offenders mandated by the Registry as well as Massachusetts residents with an out-of-state conviction who are referred into Massachusetts programs are eligible for “full or reduced fees”. In these cases, programs must adhere to, and document, the payer of last resort procedures, including due diligence and 90 day review procedures. Documentation of this process must be charted.
MID Programming Model
Bidders will deliver a 38-hour model that will be conducted over 16 weeks. Bidders must conduct programming using the 16-week format unless otherwise specified by BSAS. Bidders must make every effort to conduct programming as required by regulation.
Programs will adjust their staff patterns to satisfy current regulations, which require that the 38-hours be broken down in the following manner:
· A maximum of ninety (90) minute intake session
· Clients that have completed an intake and are awaiting the start of a group shall not wait more than six (6) weeks from the date of the intake for their group to begin. Programs will adjust their staffing patterns to meet this need.
· Thirty-two (32) hours of psycho educational group sessions
· Two (2) hours of impact awareness. This group will be part of the 16 week format.
· Four (4) hours of attendance at community-based self-help meetings
· A minimum of thirty (30) minutes to conduct the individual discharge (exit) session The above delineation of the 38-hour model will be adhered to except when it is deemed that the individual client’s linguistic requirements, mental health status, or developmental learning issues are sufficiently compromised that their attendance in a group format would be inappropriate. In these cases, the clinician can deliver the service in 8 individual sessions (not including the time for the intake assessment and exit interview) over the 16-week time frame. Clients will still be expected to complete the victim impact and self-help segments. Bidders will be required to document (in the client’s chart) their rationale for delivering the service in this manner. A Senior Clinician review, approval, and signature will be required.
Bidders will also:
· Utilize the standardized format for group session topics as developed by BSAS (copy available upon request);
· Design and utilize a consistent curriculum based on the above topical format;
· Provide HIV education as specified in 105 CMR 164.074 (B) as part or all of one psycho-educational session;
· Provide victim impact awareness sessions as in-house sessions. These sessions will be considered part of the psycho educational groups. If the provider allows clients to meet the expectation of fulling the victim impact requirement elsewhere (i.e., MADD meeting or other VIP community based session) then the provider cannot invoice BSAS for this session;
· Include documentation of attendance for the self-help meetings in the client record; and
· Ensure that the discharge (exit) session will be a separate individualized session (no longer than 30 minutes) conducted after the completion of the psycho-educational group process. The discharge session will focus on:
· Follow up on any clinical issues addressed in the treatment plan.
· Review of progress and participation within the group sessions.
· Recommendations for further treatment.
Specialized and/or Alternative Programming
The Bureau recognizes the need for specialized programming for non-English speaking individuals. Agencies must assist those with this need by providing linguistically appropriate programs directly or through an interpreter, or by ensuring the service is provided by another program that has the capability to provide services in the appropriate languages. In the cases where the referral needs a BSAS interpreter, the provider must submit a standard request form to the BSAS staff member responsible for acquiring language services. Once approved by BSAS, the provider must work with the language vendor to arrange for services to be delivered to the client. The provider must understand that funds for language services are limited and should only be used as a last resort.
BSAS recognizes that certain individuals need alternative programming to meet occupational needs. In their response to Program Specific Application Questions, bidders must notify BSAS if they are applying for alternative program models. Alternative program models will be approved as needed.
Bidders for alternative models must provide 38 hours of programming in a modified format that accommodates the occupational needs (e.g. fisherman, military personnel that are being deployed). The alternative programming will be considered an adjunct to the standard program.
Bidders petitioning BSAS for alternative program models must provide the following:
· Documentation of the need for alternative programming in the service area; and
· A program overview, including any and all modifications proposed to the program, including hours of operation and admission criteria.
Individual Service Planning
Bidders will develop an Individual Service Plan (ISP) for each client in accordance with applicable sections of 105 CMR 164.212 (D). However, ISPs must include goals and objectives that specify the expected accomplishments in the areas of substance use education and unhealthy behavior.
Bidders will be required to review the ISP with clients at the 8th session (or midway point of their involvement). The review process may take place in a group format. Documentation of that review will be kept in the client’s record.
Bidders will use the following definitions for units of service (as of 7/1/19):
· Individual units [1 unit = 15 minutes]. Individual sessions, in this modality, are defined as face to face encounters with a participant that are used to gather information to complete an assessment and to discuss various issues upon completion of the program (i.e., exit interview).
· MID 2 hour group = [8 units] Bidder shall make available gender-specific women’s groups whenever Enterprise Service Management (ESM) data supports the need to conduct such groups. BSAS will determine which programs should make available women’s groups. In doing so, BSAS will take into consideration the length of time between the initial intake and the start of the group process, as well as the number of overall female admissions that would warrant that need.
Bidders are expected to integrate programming that addresses not only alcohol, but also the use of marijuana, opioids, and other substances and their effects on driving.
Bidders will use the standardized monthly probation reporting form when reporting client status to the courts, and non-compliances when reporting those issues to either the Courts or the Registry of Motor Vehicles (copies are available upon request.)
Bidders must agree to participate on the various task groups dealing with future standardization efforts and research (i.e., future ASUDS data) and agree to implement any recommendations as they are approved by BSAS.
Staffing and Minimum Requirements
· All staffing, clinical supervision and clinical training will comply with the Outpatient Counseling regulations for MID services outlined in 105 CMR 164.213.
· Programs must guarantee that adequate staffing and administrative support for the delivery of the service are maintained.
Operations
· All service elements will be delivered with competencies in culture, language, gender, disabilities, sexual orientation and age.
· All federal statutory requirements for the maintenance of outpatient records, Public Health Service, HHS, 42 CFR Ch. 1 must be satisfied.
· Bidders will adhere to the hours of operation as specified in applicable sections of 105 CMR 164.213. Providers must make group offerings available during the daytime and/or weekends to accommodate the needs of those who work 3 pm to 11 pm evening shifts.
· Locations and facilities will meet consumer service needs.
· Locations should be close to public transportation.
· All programs must abide by any new or revised policies set forth after the start of the contracting date.
· Bidders are expected to maintain very good communication with all of the referral sources including out of state and RMV sources.
BSAS will require compliance with all BSAS Standards of Care.
CORI Checks
In order to ensure that employees or other persons regularly providing client or support services in any program of an EOHHS Department or in vendor agency programs funded by an EOHHS Department are appropriate for serving in their positions, a Criminal Offender Record Information (CORI) check shall be performed on candidates for positions in such programs or facilities, in accordance with 101 CMR 15.00 (EOHHS regulations governing Criminal Offender Record Checks). These regulations establish a core standardized policy regarding the review of criminal records for employment. It is the policy of EOHHS that an individual’s background including any CORI and other relevant information be carefully considered so that the vulnerable populations served by EOHHS are protected. It is also the policy of EOHHS that qualified rehabilitated offenders are given a fair opportunity to be employed and successfully reintegrated into the workforce. In addition, as provided in 101 CMR 15.09(5), the hiring authority must comply with the requirements of the Division of Criminal Justice Information Services (formerly the CHSB) governing CORI at 803 CMR 2.00 et seq.
3.0 Performance Requirements and Contract Monitoring
Each provider is expected to develop and implement strategies that will achieve the following results:
Result:
Percent of clients who complete the program is equal to or greater than 88%.
Measure:
Number of clients who complete the 16-week program.
Result:
Percent of clients referred to substance use treatment services is 20% or greater. The definition of a referral is one in which the initial agency assists with the client’s admission to the receiving agency.
Measure:
Number of clients referred to substance use treatment services.
Result:
Providers will attend regional MID provider meetings. In regions where MID provider meetings are not currently being conducted, providers in that region must work together in formulating one.
Technical assistance from the Bureau will be available upon request. Meetings will be self-governing whenever possible. Providers must attend a minimum of one meeting per quarter.
Measure:
Number of meetings and attendance.
Program Monitoring and Evaluation
· Providers will be responsible for submitting annual reports as requested by BSAS.
· Providers will submit a log of persons referred to other programs due to language needs.
· Providers will meet with BSAS staff for at least one annual site visit per year, conducted by regional managers.
· Providers must monitor and evaluate all aspects of their programs’ content and delivery in order to maximize effectiveness and maintain quality.
· Providers will be responsible for accurately submitting all ESM-related data on a timely basis each month.
· In general providers will be responsible for discharging BSAS clients no later than 90 days from the last point of contact. In cases where clients are extended, a case note will be required to explain the extension. This note will be kept in the client’s record.
· Providers will be responsible for reporting all program income to BSAS through Enterprise Invoice Management (EIM) on a monthly basis (i.e., self-paying as well as that invoiced to BSAS. The report should indicate these sources separately).
· Providers will be responsible for program results and measures as specified.
· Providers will collaborate with the Bureau in the implementation of any additional tools and measures developed over the course of the contract period.
4.0 Contract Invoicing
I. Cost Reimbursement Contracts:
· DPH billing procedures through the EIM/ESM system require that contracted providers submit an invoice, on a monthly basis, for all services provided in the previous month.
· DPH requires that this invoice be authorized in EIM-ESM no later than the 14th day of the month, following service delivery. This includes a zero invoice if no services were provided.
· The only exceptions will be when the Bureau has been previously notified of extenuating circumstances and the request has been approved by the bureau contract manager. If corrections need to be made to previously submitted invoices, supplemental invoices must be submitted for the month in which the billing was originally submitted.
· All offsets must be reported for each UFR on the Invoice.
· Refer to the Provider Billing Booklet Reimbursement Policies and Billing in EIM at for detailed invoicing requirements.
II. Unit Rate Contracts – Manual SDR
· Providers using the EIM-ESM manual billing process are required to submit a Service Delivery Report (SDR), on a monthly basis, for all services provided in the previous month.
· DPH requires that this SDR be authorized in EIM-ESM no later than the 14th day of the month, following service delivery. This includes a zero invoice if no services were provided.
· DPH requires that all services delivered to clients and paid by a third party be reported on the SDR as fully offset.
III. Unit Rate Contracts – HIPAA
· Providers using the HIPAA electronic billing process are required to submit an all claims for the services provided in the previous month no later than the 14th day of the month, following service delivery.
· DPH requires that all delivered services paid by a third party be reported on an 837 HIPAA “encounter”.
Payment through Electronic Funds Transfer is required for any contract awarded through this solicitation. Please see the COMMBUYS Bid Attachment Section for this form.
5.0 Evaluation Criteria
Proposals undergo multiple levels of review:
Technical Review: The quality of the response to each question in the narrative is evaluated by a team of objective reviewers who score each question according to criteria related to that question. Reviewers are instructed to evaluate each question for content, comprehensiveness, and clarity of each answer.
Second Level Review: During the second level of review, factors such as an applicant’s past performance, billing, license status, ADA compliance, agency demographics, need, resources available, and other criteria are considered and scored. These criteria may vary depending upon the service being procured. Based on all review scores, programs makes recommendations to the Commissioner, who makes the final funding determination.
6.0 Estimated Procurement Calendar
| EVENT |
| DATE |
| RFR Release Date |
| February 19, 2020 |
Deadline for Questions and Answers
All Questions must be received in writing. Questions can be sent by email no later than the date and time indicated in the Procurement Calendar. All Questions with answers will be posted on the COMMBUYS Attachment section for this procurement.
Wednesday, March 11, 2020 Email questions to:
Kevin.Botelho@state.ma.us
The BID opening date
(Deadline for Submission of Response) This is a rolling RFR. Bidders may submit proposals during the entire contract period.
All responses to be submitted electronically using the online submission tools available to Vendors registered in COMMBUYS June 30 2030 at 11:59:59PM
Deadline for Forms that require Ink Signatures.
(See below for Submission of Responses instructions.)
Within 7 days of submission of quote on COMMBUYS to:
Submit to:
Kevin Botelho
250 Washington Street 3rd floor Boston, MA 02108
| Anticipated Contract Start Date |
| July 1, 2020 |
7.0 Instructions for Submission of Responses
All responses to be submitted electronically using the online submission tools available to Vendors registered in COMMBUYS. There is no charge to register in COMMBUYS. To Register go to www.COMMBUYS.com and click on the “Register” link on the front page.
All Quotes must be received by the Department of Public Health before the specified date, month, year and time of the Bid Opening Date displayed on COMMBUYS. Times are Eastern Standard/Daylight Savings (US), as applicable.
All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. DPH is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.
Electronic Signatures
Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab in COMMBUYS. Bidders do this by selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid. By agreeing to this the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.
Ink Signatures
The Commonwealth of Massachusetts requires Contractors to submit original ink-signature versions of the following forms:
· Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) (If not already on file with the Comptroller)
· Electronic Funds Transfer Sign Up Form (If not already on file with the Comptroller)
Bidders must submit the above forms with ink signatures within seven (7) calendar days of the Open date for this BID (See Procurement Calendar above). Successful bidders may have a delay in the execution of their contracts if the above forms are not received by DPH in timely manner.
File Format and Naming Conventions
Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Attachments must be uploaded individually and cannot be combined in a zipped file.
DPH is requiring that all response attachments that are uploaded in COMMBUYS include the company name of the Bidder and the RFR number. For additional instructions about naming conventions and the document titles see the Checklist of Attachments found in the Application Response Form. The description entered during the file upload process ensures each file is readily identified by Company Name, RFR and content.
Public Records: All information, documents, and attachments submitted as a response to this RFR are considered a public document subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Please be aware that checking the “confidential” box in COMMBUYS does not bar these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.
8.0 RFR Attachments:
The forms listed on the COMMBUYS Bid Solicitation; File attachment section for this RFR must be submitted with your response where indicated.
To assist bidders in identify the purpose of the attachments for this procurement; the forms posted on the COMMBUYS attachment section have a prefix according to the following chart:
| REQ |
| Required |
| Must complete and upload document with application |
| COMPREQ |
| Comptroller Required |
| If not already on file with the Comptroller |
complete and sign in blue ink and return as instructed in the RFR.
| READ |
| Read Only |
| Read only documents do not need to be returned with |
the application.
| INFO |
| Informational |
| For informational purposes and could be required at the time of contract/engagement |
9.0 COMMBUYS Support
A link to a job aid on How to Submit a Quote on COMMBUYS COMMBUYS Resource Information at www.mass.gov/osd/commbuys Email: Send inquiries to the COMMBUYS Helpdesk at COMMBUYS@mass.gov Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.
Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.
Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.
10.0 Other Requirements Pertaining to this RFR
Americans With Disabilities Act (ADA) Contract Compliance: Contractors must be in compliance with ADA requirements. Contract awardees must have current Policies and Procedures and facilities’ checklists (MFAT Checklist) on file and available for inspection at the administrative unit of the agency within three months of the contract award.
Coalition Engagement: In 2015, DPH established Coalition Principles and Guidelines. The intent of these Principles and Guidelines is to (1) articulate DPH’s strong support for coalition engagement; (2) establish shared language for its vendors and partners regarding community collaboration and coalition engagement; and (3) provide guidelines and direction to grantees/vendors around how DPH defines a coalition (by meeting a set of minimum requirements). It is expected that applicants for DPH funding participate in a coalition that meets the minimum requirements. Please go to the website for more detailed information on the Coalition Principles and Guidelines and minimum requirements, at http://www.mass.gov/eohhs/docs/dph/com-health/coalition-engagement-principles-and-guidelines.pdf Bidder’s to be considered for this funding must agree to participate in a coalition of their choosing that meets the minimum requirements established in the 2015 DPH Coalition Principles and Guidelines. As part of the application, agency must name a coalition they plan to participate in and describe how it will enhance the work of their proposed program.
The Community Health Training Institute managed for DPH by HRiA has developed a Listing of Coalitions, a tool to find coalitions working toward healthier communities in Massachusetts. Coalitions are able to verify in the listing whether or not they meet the minimum requirements for DPH. See http://www.hriainstitute.org/coalitions to find coalitions in your area or ones doing similar work and to verify whether or not they meet minimum requirements for coalitions. If a coalition is not listed on the HRiA roster of coalitions with verification that it meets minimum requirements, there are two options 1) register with the Community Health Training Institute’s Listing of Coalitions or 2) bidders must provide documentation to support the choice of working with their chosen coalition and that they meet the minimum requirements.
Debriefing: Upon award notification, Bidders submitting responses to this RFR and aggrieved by non-selection may request a debriefing from the Department by contacting the contact person (in writing) identified on the cover page of this RFR within fourteen (14) calendar days of the postmark of the award notification letter. A debriefing provides the bidder with an opportunity to: (1) discuss with designated DPH staff the Department’s determination relative to the bidder’s proposal and the basis for the award decision, (2) have Department staff identify any areas of weakness on the bidder’s response and suggest improvements for future procurements, and/or (3) examine lists, awards, evaluation materials and ratings from the review committee. Note that comparisons with other responses will not be made during a debriefing.
Debriefing/Appeals: Administrative Appeals to OSD. Non-successful bidders who participate in the department appeal process and remain aggrieved by the selection decision of the department may appeal the department decision to the Operational Services Division. The basis for an appeal to OSD is limited to the following grounds:
1. The competitive procurement conducted by the department failed to comply with applicable regulations and guidelines. These would be limited to the requirements of 801 CMR 21.00 or any successor regulations, the policies in the OSD Procurement Information Center, subsequent policies and procedures issued by OSD and the specifications of the RFR; or
2. There was a fundamental unfairness in the procurement process. The allegation of unfairness or bias is one that is easier to allege than prove, consequently, the burden of proof rests with the bidder to provide sufficient and specific evidence in support of its claim. OSD will presume that departments conducted a fair procurement absent documentation to the contrary.
Requests for an appeal must be sent to the attention of the Operational Services Division, Legal, Policy and Compliance Office, Room 1017, One Ashburton Place, Boston, MA 02108 and be received within fourteen (14) calendar days of the postmark of the notice of the department head’s decision on appeal. Appeal requests must specify in sufficient detail the basis for the appeal. Sufficient detail requires a description of the published policy or procedure which was applied and forms the basis for the appeal and presentation of all information that supports the claim under paragraphs 1 or 2 above. OSD reserves the right to reject appeal requests based on grounds other than those stated above or those submitted without sufficient detail on the basis for the appeal.
The decision of the Operational Services Division shall be rendered, in writing, setting forth the grounds for the decision within sixty (60) calendar days of receipt of the appeal request. Pending appeals to the Operational Services Division shall not prohibit the department from proceeding with executing contracts.
Enterprise Invoice / Service Management (EIM/ESM): If EOHHS or DPH directs contractor during the term of this amended contract to access the EIM/ESM service through the Virtual Gateway for the purpose of conducting business with either EOHHS or DPH, contractor agrees to use such services as directed and execute all required Use or Service Agreements required by the Virtual Gateway and to comply with all applicable Virtual Gateway, DPH and EOHHS policies and procedures related to such services, including policies pertaining to data security and protection of confidential information. Contractor further agrees to submit all information as directed by EOHHS or DPH including, but not limited to, invoices, contract and/or other information to DPH through these web-based applications. Contractor further agrees to take all necessary steps to ensure that it, and its subcontractors or affiliates, complies with these requirements and has access to and utilize all required web-based services in the Virtual Gateway.
National Culturally and Linguistically Appropriate Services (CLAS) Standards When releasing their report “Unequal Treatment” the Institutes of Medicine concluded “race disparities in health outcomes persist even after the significant efforts of multiple programs and accounting for risks such as low income, poor education and cigarette smoking.” The national Culturally and Linguistically Appropriate Services (CLAS) Standards have been developed to offer a framework to address the structural, clinical and organizational barriers that contribute to health disparities. In 2005, the Massachusetts Department of Public Health Office of Health Equity was awarded the federal grant State Partnership Grant to Improve Minority Health. The goal of this grant is to develop and implement Massachusetts standards consistent with the nationally proposed CLAS Standards throughout the Department’s procurement and internal operations. DPH would be among the first public health agencies in the country to systematically apply these standards as a tool to eliminate racial, ethnic and linguistic health disparities.
Continued implementation of the CLAS standards will occur over the term of this contract. Providers will be required to cooperate with this effort. Such cooperation may include the submission of data relative to the CLAS standards and the implementation of CLAS-related performance requirements.
The national CLAS standards are included as an attachment to this RFR. Making CLAS Happen is a guide to providing culturally and linguistically appropriate services in a variety of public health settings. Further guidance is available at the Office of Health Equity’s website: www.mass.gov/dph/healthequity.
Provider Data Management (PDM): Pursuant to its obligation hereunder regarding the use of EOHHS Virtual Gateway Business Services, contractor agrees to complete and maintain an organizational profile in the Virtual Gateway’s Provider Data Management (PDM) system. PDM is a web-based service managed by the Executive Office of Health and Human Services (EOHHS) that presents information about a provider’s organizational structure, financial health, and state contracting activity. If your organization does not currently access and update PDM, you must contact the EOHHS Provider Data Management team at the Virtual Gateway Helpdesk at 1-800-421-0938 for assistance.
Supplier Diversity Program (SDP): Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).
In support of this Executive Order, the Commonwealth tracks SDP spending through POS contracts. As a result, providers that are issued a contract from this procurement (bid) will be required to submit a “Supplier Diversity Program (SDP) Plan Form for Purchase of Service (POS)” with their Uniform Financial Report (UFR) through the Operational Services Division (OSD) eFiling site. Providers that file an UFR exemption request are to submit the SDP Plan Form for POS with their exemption request. The plan will be evaluated yearly by the Commonwealth Department with the most Purchase of Service funding to a provider during the previous fiscal year. This Department is commonly referred to as the Principal Purchasing Agency (PPA).
Bidders are to submit a copy of their most recently submitted “SDP Plan Form for POS” with their proposal to signify to the Procurement Management Team that a form has been submitted. Bidders that do not currently hold POS contracts with Commonwealth Departments, Bidders that are exempt from filing a UFR or Bidders who have not yet submitted a “SDP Plan Form for POS” with their most recent UFR are required to complete the Form and include it with their proposal. The “SDP Plan for POS” can be found in the File Attachments Section of the RFR on COMMBUYS.
While the Plan is not assigned any points in the evaluation process, the Department is unable to issue a contract to an organization that has not submitted a Plan that demonstrates a strong commitment to working with MBEs, WBEs, M/WNPOs, VBEs, SDVOBEs, DOBEs, and/or LGBTBEs.
Supplier Diversity Program (SDP) Resources: Bidders may refer to the SDP Resources for Vendors and Contractors webpage for additional program information, training and compliance resources.
Virtual Gateway Business Services: The Executive Office of Health and Human Services (EOHHS) operates a number of online business services through the Virtual Gateway. These include but are not limited to, Provider Data Management (PDM), Common Intake (IE&R), Enterprise Invoice / Service Management (EIM/ESM), Home and Community Service Information System (HCSIS), Senior Information Management System (SIMS) Service and Transition Planning System (STARS).
These services permit users to access a variety of EOHHS programs and services. Virtual Gateway business services are accessible by end users with web browsers such as Internet Explorer (6.0 or above), and a broadband Internet connection that is capable of high-speed data transmission, such as a Local Area Network (LAN), a cable modem, or DSL.
It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering. To register go to � HYPERLINK "http://www.COMMBUYS.com" �www.COMMBUYS.com�.
This BID requires the submission of electronic quotes. All Bidders are advised to allow adequate time for submission of their quotes by considering potential online impediments like Internet traffic, Internet connection speed, file size, and file volume. DPH is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.
MM3/M03 – Purchased Human and Social Services for Clients – Medical/Non-Medical
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