RFR 211629 Healthcare Professionals for Expert Witness Services amended 5 5 23.docx

The Commonwealth of Massachusetts Department of Public Health Bureau of Health Professions Licensure

Address: 250 Washington Street, Boston, MA 02108

Contact Name: Kim Schippers

Email: kim.schippers@mass.gov

Request for Response (RFR)

Document Title: Healthcare Professionals for Expert Witness Services

COMMBUYS BID Number: BD-20-1031-BHCSQ-HCS08-50906

DPH RFR Document Number: RFR 211629

04/24/2020

Amended 05/04/2023

Key RFR Information All Potential Bidders must read

COMMBUYS REGISTRATION

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 review the COMMBUYS Job Aide COMMBUYS Vendor Registration or go to www.COMMBUYS.com.

QUOTE SUBMISSION

This RFR allows for the submission of electronic quotes through the Commonwealth’s Procurement System, Commbuys. If you plan to submit a quote to this RFR “No Bid” should not be checked anywhere in your quote in COMMBUYS. This includes on the General Screen and the Items tab. Checking No Bid sends your quote to a different location in COMMBUYS than the rest of the quotes for that Bid and you run the risk of the Department not receiving your response. The department will not guarantee that a bid received with a “No Bid” checked will be reviewed.

As an alternative to submitting your response through Commbuys. The required response documents may be emailed to: Kim.Schippers@Mass.Gov or mailed to the address below:

Kim Schippers MA Dept. of Public Health 67 Forest Street, Suite 100 Marlborough, MA 01752

Please see Section F, below, for more information on Submitting the Response.

Note:

This is a rolling-enrollment procurement. Proposals will be reviewed and evaluated as received, and vendors may be added to the contract throughout its duration. Bidders accepted under this RFR will enter a master agreement contract, a qualified list of professionals. Vendors who qualify and are added to the contract are not guaranteed any work from the department. As needed, DPH bureaus, programs, or hospitals will contact vendors for specific services, and negotiate and execute an engagement agreement (process described below) that describes the specific services and compensation with the selected vendor.

Section A: Procurement Overview

1: Procurement Scope and Description

The Department of Public Health, Bureau of Health Professions Licensure (Bureau) seeks qualified, experienced, and Massachusetts licensed healthcare professionals to provide expert witness services regarding matters under review or investigation by the Board(s) of Registration and the Drug Control Program (DCP) within the Bureau. These Massachusetts licensed healthcare professionals including nurses, dentists, dental hygienists, chiropractors, podiatrists, allied mental health and allied health professionals, optometrists, psychologists, pharmacists and others will be required to review medical records, reports, and witness statements; submit written opinion regarding the standard of care provided by healthcare professionals under review or investigation by the Board(s) of Registration or DCP; to meet with Board or DCP staff; and to testify at adjudicatory hearings if necessary.

2: Program Background Information

The Bureau of Health Professions Licensure is comprised of twenty-one (21) Boards of Registration:

Board of Allied Health Professions Board of Registration of Allied Mental Health and Human Services Professions Board of Registration in Nursing Board of Registration in Pharmacy Board of Registration in Dentistry Board of Registration of Chiropractors Board of Registration of Dietitians and Nutritionists Board of Registration of Dispensing Opticians Board of Registration of Hearing Instrument Specialists Board of Registration of Genetic Counselors Board of Registration in Optometry Board of Registration of Perfusionists Board of Registration of Physician Assistants Board of Registration in Podiatry Board of Registration of Psychologists Board of Respiratory Care Board of Registration in Naturopathy Board of Registration for Speech-Language Pathology and Audiology Board of Registration of Social Workers Board of Certification of Community Health Workers Board of Registration of Nursing Home Administrators Drug Control Program Massachusetts Controlled Substances Registration Special Commission on Foreign Trained Medical Professionals

The healthcare professionals and entities licensed by these boards and DCP include, but are not limited to:

Template for Standard RFRs 1-2023 allied health professionals allied mental health professionals ambulances analytical laboratories certified nurse anesthetists chiropractors clinics community health workers controlled substance researchers dental assistants dental hygienists dentists dieticians and nutritionists distributors (including virtual) genetic counselors hospitals licensed practical nurses manufacturers (including virtual) MAP* sites municipalities naturopathic doctors non-municipal public agencies nuclear pharmacies nurse midwives nurse practitioners nursing home administrators opticians optometrists osteopaths perfusionists pharmacists pharmacy technicians physician assistants physicians podiatrists psychiatric clinical nurse specialists psychologists registered nurses respiratory care therapists retail pharmacies school systems veterinarians wholesale druggists *Medication Administration Program

Complaints include allegations of drug diversion, patient abuse, sexual misconduct, substandard care, failure to comply with acceptable standards of practice, impaired practice, and other alleged actions that affect public health and safety.

Section B: Procurement Information 1: Applicable Procurement Law

Executive Branch Goods and Services

2: Whether Single or Multiple Contractors Are Required For Contract(s)

Check One (“X”):

3: Calendar Rule Type

4: Acquisition Method:

5: Use of a Procurement by a Single or Multiple Departments

· 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.

6: Expected Duration of Contract

7: Anticipated Expenditures, Funding Or Compensation For Expected Duration

Dollar Amount

Estimated annualized amount $ 25,000.00

Check One (“X”):

Will Federal Funds be used to fund any part of Contract(s)?

Funds Balance Forward Requirement for 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.

Section C: Performance and Contract Specifications

1: Eligibility

Valid and current licensure as a Massachusetts healthcare professional is required except where BHPL agrees in advance that a valid and current licensure as a healthcare professional in another state is acceptable. In the event a contractor’s license expires during the contract period; the contractor will be required to provide a copy of the license renewal to the Department of Public Health contract manager within two weeks after the contractor receives the renewal.

Applicants must be willing to sign a confidentiality agreement.

2: Scope of Services

Contractors will serve as expert witnesses in complaints from consumers, healthcare employers, and other individuals or entities regarding the standard of care provided by nurses, dentists, dental hygienists, chiropractors, podiatrists, allied mental health and allied health professionals, optometrists, psychologists, pharmacists and other healthcare professionals. Contracted expert witnesses will be contacted for engagement of services by the Bureau on an as needed basis to review medical records, reports, and witness statements, submit written opinion, meet with Board staff, and testify at adjudicatory hearings if necessary.

Compensation: This contract is a rate contract. Compensation is based on hourly rates for actual work performed. Hourly rates for the following healthcare professionals will be as follows unless otherwise specified in an individually executed standard contract form:

Contractors may not invoice for costs related to commuting to and from the Department of Public Health or other locations related to their duties and performance. As such, mileage and parking reimbursement are not allowed. Reimbursement for travel expenses is not included unless otherwise specified in an individually executed standard contract form.

Work will be performed on an as needed basis. There is no guarantee expressed or implied as to the number of hours which will be available for each contractor.

No work shall commence, and no payments shall be made prior to the execution of individual service contracts for approved contractors.

3: Performance Requirements and Contract Monitoring

The Department of Public Health is endeavoring to deliver the best value to facilitate our needs. However, it is important to measure the contractor’s performance to ensure the contract is in compliance with what has been requested and what the contractor has offered in this RFR. The following performance areas will be subject to measurement:

· Quality of Deliverables Analysis and interpretation of healthcare information and documentation

· Ability to apply healthcare policies, procedures, regulations, ad standards of practice as established by the Department of Public Health or by other professional organizations whose standards are acceptable to the Department and the BHPL.

Draft clear and concise written opinion in accordance with the aforementioned

· Timely Delivery (Services, Opinions, Billing, etc.)

· Responsiveness to Departmental Inquiries (E-mails, phone calls)

· Attendance at scheduled meetings, hearings, etc. as set by the Bureau.

The Procurement Management Team shall negotiate with contractors any requirements not set forth in the RFR.

4: Contract Invoicing Invoices for work completed on any hearing with any hearings officer must be submitted monthly regardless of continuation or outcome of the case. Invoices for the prior month’s service should be completed prior to the 15th of the following month. (i.e., Do not wait for the case to resolve before billing)

Invoices must be e-mailed (preferable) to HCQBilling@mass.gov or alternatively, mailed to:

Mass. Dept of Public Health Accounts Payable 67 Forest Street, Suite 100 Marlborough, MA 01752

Invoices must include your ‘contractor vendor code’ which is listed on the executed standard contract form.

Payment through Electronic Funds Transfer (EFT) is required for any contract awarded through this solicitation. If awarded a contract, bidders not already enrolled will be required to sign up for EFT as a contract requirement by completing and submitting the Authorization for Electronic Funds Transfer Form to the Department. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. Additional information will be sent post award.

Section D: RFR Evaluation

1: Evaluation Criteria

The following components will be some of the criteria considered by the Evaluation Team when evaluating each response.

Applicants will be evaluated based on the following:

Relevant experience and qualifications.

Educational Background References Required licensure

Section E: Estimated Procurement Calendar

Deadline for Submission of RFR Q&A.1

Questions may be submitted by e-mail to kim.schippers@mass.gov for the life of the contract. Questions and answers will be posted on COMMBUYS.

Deadline for Submission of Responses Also known as the BID Opening Date in COMMBUYS

Anticipated Contract Start Date

3 weeks after receipt of complete response

1All 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 should be sent to the email listed in the calendar and should include the RFR title and number in the subject of the email. All Questions with answers will be posted on the COMMBUYS Attachment section for this procurement.

Section F: Instructions for Submission of Responses

1: Bidder Response Requirements

Responses must include all items listed below and may be submitted via COMMBUYS, e-mail, or mail as instructed below in “2: Response Instructions’’.

Letter of interest outlining qualifications and referencing RFR file number (RFR211629) Current resume or Curriculum Vitae Copy of current and valid professional license Complete contact information including mailing address, primary telephone number and email address.

Proposed hourly rate if other than the corresponding rate in the rate schedule included herein Consultant Acknowledgment of Confidentiality Agreement Form Three professional references Prompt Pay Discount Form* (return checked off and signed even if a discount is not being offered)

*All respondents to this procurement are strongly encouraged to participate in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments. PPD benefits both contractors and the Commonwealth. Contractors benefit by increased usable cash flow as a result of fast and efficient payments for commodities or services rendered. Commonwealth’s standard payment terms are net 45 days.

2: Instructions for Submitting Response Responses to this RFR may be submitted electronically using the online submission tools available to Vendors registered in COMMBUYS or they may be submitted via mail or email. 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. COMMBUYS Vendor Registration Job Aide is also available.

As an alternative to Commbuys, response packages may be emailed to: Kim.Schippers@ Mass.Gov or mailed to:

Kim Schippers MA Dept. of Public Health 67 Forest Street, Suite 100 Marlborough, MA 01752

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 in the RFR document. 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.

Bidders are encouraged to upload attachments well in advance of the Bid Opening Date. This will help to reduce disqualified submissions that can occur if upload is not fully completed or if an attachment is missing at the deadline. Prior to the Bid Opening Date listed in the Procurement Calendar above, documents can easily be deleted and revised versions can be uploaded. If you wish to revise or delete a quote after submission, you may do so prior to the bid opening date. Please review the Withdraw, Reopen, and Resubmit a Quote in COMMBUYS Job Aide for additional instructions.

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.

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, the RFR number and the name of the document. (e.g. Company Name _ RFR Number _Doc Name).

4: RFR Attachments

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:

5: 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 OSD Help Desk at OSDHelpDesk@mass.gov Telephone: Call the COMMBUYS Help Desk at 1-888-627-8283 or 617-720-3197. 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.

Section G: Other Requirements Pertaining to this RFR

Amendments to BID DPH reserves the right to make amendments to the Bid after the initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid. DPH and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

Environmental Purchasing Requirements: See the “Required Procurement Language for Executive Order 515, Establishing an Environmental Purchasing Policy” section of the RFR in the Standard Required Information document posted in the attachments on COMMBUYS for this RFR.

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.

Vendor Activation Requirements: To receive a contract with state a vendor must be active in The Massachusetts Management Accounting and Reporting System (MMARS). MMARS is the official accounting system of the Commonwealth and once registered a vendor will be issued a Vendor Code number or a “VC” number. This VC number is used for all contracts that a vendor has with state agencies. An organization with existing state contracts or a vendor who has had state contracts with any state agency in the past has been registered in MMARS and does not need to re-submit paperwork again unless existing information in MMARS will need to be updated. Upon notification of a contract award to this RFR, vendors not already registered in MMARS will be sent the required paperwork to be completed before a contract will be awarded which includes a W-9 form, Electronic Funds Transfer (EFT) and Contractor Authorized Signatory Listing.

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