RFSQ-BHS-FY23-0108.pdf

Request for Statement of Qualifications RFSQ-BHS-FY23-0108 Page 1 of 25 Substance Use Residential Withdrawal Management Services RFSQ Template Reviewed by County Counsel on 11/30/22

COUNTY OF SANTA CLARA, CALIFORNIA

ELECTRONIC REQUEST FOR STATEMENT OF QUALIFICATIONS (RFSQ)

FOR

RFSQ-BHS-FY23-0108

ISSUE DATE:

10/7/2022

ELECTRONIC SUBMISSION OF RESPONSES OPEN THROUGH:

3/31/2027 3:00 PM Pacific Time

RFSQ CLOSE DATE:

06/30/2027

828 South Bascom Avenue, Suite 200

San José, California 95128

THIS RFSQ SOLICITATION REQUIRES ALL RESPONSES TO BE SUBMITTED ELECTRONICALLY

THROUGH EMAIL TO BHSD.SOLICITATIONS@HHS.SCCGOV.ORG. NO PAPER, FAX OR BIDDINGO

SUBMISSIONS WILL BE ACCEPTED – THESE SUBMISSIONS WILL BE DEEMED NONRESPONSIVE.

mailto:BHSD.SOLICITATIONS@HHS.SCCGOV.ORG

Request for Statement of Qualifications RFSQ-BHS-FY23-0108 Page 2 of 25

TABLE OF CONTENTS

SECTIONS

1. INTRODUCTION 3

2. SCHEDULE AND EXPLANATION OF EVENTS 7

3. CONDITIONS GOVERNING THE PROCUREMENT 12

4. OFFEROR’S SUBMISSION 17

5. EVALUATION, NEGOTIATIONS, AND AWARD PROCESS 24

APPENDICES

All applicable Appendices must be submitted with the Response:

Appendix A – Cover Sheet Appendix B – Evaluation Criteria and Qualifications Appendix C – Customer References Appendix D – Offeror’s Questionnaire Appendix E – Declaration Submittal Form Appendix F – California Public Record Act - Confidential Information Appendix G – Cultural Competence Form Appendix H – Offeror’s Electronic Health Record Status Appendix I – Budget Narrative Appendix J – Reapplication Notification

ATTACHMENTS

The Attachments listed below are reference materials and do not have to be submitted with the Response.

Attachment A – Scope of Work Attachment B – Contracting Principles Attachment C – Sample SUTS Agreement Attachment D – Insurance Requirements for Professional Service Agreements Attachment E – County Local Preference Policy

Request for Statement of Qualifications RFSQ-BHS-FY23-0108 Page 3 of 25

I. INTRODUCTION

A. INVITATION

1. The County of Santa Clara (“County”) Health System (“Health System”) Behavioral Health

Services Department (BHSD) is seeking statements of qualifications (“Responses”) from qualified and experienced firms, hereafter (“Offerors”) to provide residential Withdrawal Management (WM) services consistent with the American Society of Addiction Medicine (ASAM) Level 3.2 to Drug-Medical beneficiaries. Per the ASAM Dimensional Decision Rules, the program shall support clients who do not require medication but require residential WM services to complete withdrawal management and enter into continued treatment or self-help recovery because of inadequate home supervision or support structure. WM services are for County Adult (age 18 and above) residents with an average length of stay of 5-7 days.

2. This RFSQ may result in the award of multiple agreements.

a. From the Qualified Pool (QP), the BHSD will identify a single or multiple number of Offerors to contract with for the purposes of providing the services.

b. The County will reserve the right to contract with additional Offerors on the QP as needs are identified.

c. The County will maintain the QP for a period of up to five (5) years for that purpose. By being placed on the QP, the Offeror is not guaranteed a contract.

d. The Offerors and the BHSD will agree upon a scope of services outlining the rights and responsibilities of each party through a contract.

e. See Attachment A for a detailed description of the program’s specifications and requirements.

f. Offerors shall provide program services in accordance with the ordinances and resolutions of the County Board of Supervisors and the applicable policies, procedures, directives, and guidelines of the County and the BHSD, including, but not limited to the BHSD Provider Manual and/or the BHSD policies and procedures.

3. RULES OF ENGAGEMENT FOR MEMBERS IN QUALIFIED POOLS

a. The QP will be maintained for a period of five (5) years. The County reserves the right to terminate the QP at any given time.

b. The BHSD will continue to accept Offeror Responses throughout the duration of the RSFQ to qualify and to add to the QP. The County will schedule and conduct subsequent RFSQ reviews for any additional proposals the County receives. If a newly-added Offeror in the QP is awarded a contract, the Agreement Term shall be coterminous with the expiration of the QP. Offerors submitting Reponses after the initial review period shall refer to Section II.A for subsequent review and qualification schedules.

c. If the RFSQ is reissued or amended to contain new service categories, interested Offerors already in the QP may apply for any of the added categories.

Request for Statement of Qualifications RFSQ-BHS-FY23-0108 Page 4 of 25

d. Prior to the end of the Agreement Term, the County may issue a new RFSQ to create a new QP. All Offerors in the existing QP shall be invited to provide a response, including existing contracted Providers.

4. CONTRACT TERMS

a. The approximate initial contract term is upon Board approval (estimated during January 2023) through June 30, 2023.

b. The BHSD may, at its sole discretion, elect to extend the initial contract term for four (4) additional one‐year extensions up to and including June 30, 2027, depending on the satisfactory performance of contracted Offerors, the availability of funding, and the needs of the County.

c. New Agreements or amendments will become effective upon the date of execution by the County.

d. SUBCONTRACTS

1) Medi-Cal reimbursable services: Offerors shall not delegate its obligation to provide, or otherwise subcontract, for the provision of direct patient/beneficiary services that are reimbursed or paid for under Medi-Cal.

2) Non-Medi-Cal services: For the purposes of this RFSQ, Offerors shall not be permitted to subcontract for any services under this RFSQ that are not reimbursed or paid for under Medi-Cal, as described in the applicable Scope(s) of Work.

5. BUDGET

a. Table 1 shows FY23 funding allocated to existing programs, based on awards from the previous solicitations (RFP-BHS-FY20-0068 and eRFP-BHS-FY21-0069).

Existing Provider FY23 Program Amount

# of Beds

Annual Caseload Funding Sources

Telecare Corporation $122,050.00 2 104 Assembly Bill (AB) 109

Pathway Society Inc.

(Mariposa House) $712,623.00 9 468

Federal Drug Medi-Cal (DMC) County General Fund (CGF)/Realignment

Pathway Society Inc.

(Pathway House) $1,345,293.00 15 782 Federal DMC CGF/

Realignment

b. Table 2 shows aggregated County-wide amounts and funding sources.

Funding Category Amount Funding Sources(s)

BHSD existing contracts (as listed in Table 1) $2,179,966.00 AB109, CGF, Realignment

Board Referral (#110459) $1,500,000.00 CGF

Medi-Cal leveraging Medi-Cal Reimbursement DMC

Request for Statement of Qualifications RFSQ-BHS-FY23-0108 Page 5 of 25 after services are provided at a DMC licensed facility.

Amount TBD - based on billable service type and amount of hours.

c. Funding levels per executed Agreement are subject to change during the negotiation phase of the solicitation process or during the term of the contract.

d. This RFSQ is contingent on the appropriation of sufficient funding by the County for the services covered by this RFSQ. If funding is added, reduced, or deleted for the purpose of this RFSQ, the County has the option to either cancel this RFSQ with no liability occurring to the County or to offer an addendum to the RFSQ that reflects the amended/reduced amount of funding.

6. LICENSING

a. The BHSD welcomes all Offerors to apply regardless of certification. Offerors responding to this Request for Statement of Qualifications (RFSQ) shall be categorized according to the following tier system (Table 3):

Priority in Qualifying Pool

DHCS Facility Certification

Status

Description of Certification Status

Tier 1

Active DHCS Licensure

Offeror actively maintains the proper licensure for services according to the DHCS Requirements (https://www.dhcs.ca.gov/provgovpart/Documents/SUD- Toolkit.pdf).

Pending DHCS Licensure

DHCS Licensure pending with the State.

At least one (1) DMC-certified facility shall be in place by the start of a new County contract.

Tier 2 Intent to begin DHCS Licensure process

If not actively licensed, Offeror shall begin the process to obtain staff and facility licensure upon admittance into the Qualified Pool.

Tier 3 No intention to begin Licensure process

Offeror currently only accepts clients with private insurance and/or are providing out-of-pocket payment.

No DMC-certified facility shall be in place by the start of a new County contract.

b. Upon qualification in the QP, the County shall conduct contract negotiations by tier.

Priority shall be given in numerical order:

https://www.dhcs.ca.gov/provgovpart/Documents/SUD-Toolkit.pdf https://www.dhcs.ca.gov/provgovpart/Documents/SUD-Toolkit.pdf

Request for Statement of Qualifications RFSQ-BHS-FY23-0108 Page 6 of 25

1. Tier 1: By the start of a new County contract: all DHCS and DMC certification requirements and at least one (1) DMC-certified facility shall be in place.

2. Tier 2: Offeror shall begin the process to obtain staff and facility licensure upon admittance into the Qualified Pool. By the start of a new County contract: all DHCS and DMC certification requirements and at least one (1) DMC-certified facility shall be in place.

3. Tier 3: Offeror does not plan to begin the process to obtain staff and facility licensure upon admittance into the Qualified Pool. No DMC-certified facility shall be in place by the start of a new County contract.

c. Offerors have the option to reapply for a higher tier during the open RFSQ period, should their organizational capacity allow for expansion. To notify the BHSD, Offeror shall complete Appendix J, “Reapplication Notification”. If Offerors submit an initial response for Tier 1 or 2, or are in the process of submitting a new application, Appendix J is not required.

B. BACKGROUND

1. County of Santa Clara

Santa Clara County (SCC) is the sixth most populous county in California, with a population of 1.9 million people. SCC contains 168 distinct voting districts, 15 cities encompassing approximately 1,300 square miles and a large concentration of electronics, information technology, research, and manufacturing firms. SCC has is the fifth-largest county government in the State.

SCC’s governmental structure includes a decentralized mix of approximately 50 agencies and departments. The County provides services such as public safety and justice, road construction and maintenance, parks and recreation, libraries, and environmental resource management. It also operates "enterprise" programs, which charge fees to users for services. Two examples are the County Health System, which includes 3 hospitals, and the County airports. The County acts as an agent of the State in administering health, social services, and criminal justice programs that are of statewide concern.

Policy making and legislative authority are vested in the Board of Supervisors, which consists of an elected Supervisor from each of the County’s five districts. The Board’s responsibilities include passing ordinances and policies, adopting the budget, appointing committees, and appointing the County Executive who manages the day-to-day operations of the County. For more information, please go to www.sccgov.org.

2. County Health System, Behavioral Health Services Department

It is the mission of the Health System to provide leadership in developing and promoting a healthy community through a planned, integrated health care delivery system that offers prevention, education, and treatment programs to all residents of Santa Clara County, regardless of ability to pay. The Health System provides a wide range of primary and http://www.sccgov.org/

Request for Statement of Qualifications RFSQ-BHS-FY23-0108 Page 7 of 25 specialty medical services and oversees public programs for the health and well-being of all County residents.

The BHSD’s missions include assisting individuals in the community affected by mental illness and serious emotional disturbance to achieve their hopes, dreams, and quality of life goals. To accomplish this, services must be delivered in the least restrictive, non-stigmatizing, and most accessible environment within a coordinated system of community and self-care. Services must also be respectful to the client, their family and loved ones, and consider language, culture, ethnicity, gender, and sexual identity.

The BHSD believes without reservation that:

• All people have the right to mental health and well-being;

• All people must be treated with fairness, respect, and dignity in a culturally and linguistically competent way;

• With effective treatment and support, recovery from mental illness is achievable;

• Clients will actively participate in their own recovery and treatment goals;

• Clients and their families will be at the center in the development, delivery, implementation, and evaluation of their treatment;

• The system of care must have a structure and process for ensuring access to needed services for potential and current consumers; and

• All people must have access to the highest quality and most effective integrated services.

The BHSD system is successful in helping to ensure that residents in need of public behavioral health services are:

• Physically and emotionally healthy, happy, and thriving;

• In a safe and permanent living situation;

• Part of a loving and supportive social network;

• Involved in meaningful school, work, and daily activities;

• Free from trouble or causing harm to others; and

• Safe from harm from the environment or others.

The services sought under this RFSQ must abide by the aforementioned County of Santa Clara, Health System, and BHSD missions and values.

II. SCHEDULE AND EXPLANATION OF EVENTS

This section of the RFSQ contains the anticipated schedule for the procurement and describes the procurement events as well as the conditions governing the procurement.

A. SCHEDULE OF EVENTS

Dates, times, and/or the processes associated with this schedule may be changed by the BHSD as necessary.

For Offerors applying in October – November 2022, all submission tasks shall be referred to

Request for Statement of Qualifications RFSQ-BHS-FY23-0108 Page 8 of 25

“First Round of Responses”. For those applying in December 2022 through the end of the term, all responses are considered “Subsequent Responses” and referred to as such.

The BHSD will make every effort to adhere to the following anticipated schedule (Table 4):

Table 4: Submission and Review Timelines

EVENT DATE

1. Issuance of RFSQ October 7, 2022

2. Pre-Proposal Conference

First Round of Responses:

Monday, October 31, 2022 (9:30am- 11:00am)

Subsequent Responses:

No Pre-proposal Conference shall be scheduled. Please review Addendum 3 with captured Q&A, corresponding responses, and reminders.

3. Submit Procedural Questions in Biddingo

Written questions can be submitted via Biddingo through March 15, 2027, 3:00 pm Pacific Time.

4.

Deadline to Submit Electronic Responses via Email at BHSD.Solicitations@hhs.sccgov.org

(Only electronic proposals are accepted)

First Round of Responses:

Wednesday, November 16, 2022 by 5pm

Subsequent Responses:

ANY TIME THROUGHOUT THE DURATION

OF THIS RFSQ.

5. Response Evaluation Process TO BE SCHEDULED FOR EACH RESPONSE

THAT COUNTY RECEIVES.

mailto:BHSD.Solicitations@hhs.sccgov.org

Request for Statement of Qualifications RFSQ-BHS-FY23-0108 Page 9 of 25

6. Interviews (County option) On an as-needed basis.

7. Issue Notice of Qualification and/or Notice of Non-Qualification Thirty (30) Days upon Receipt of Response.

8. Protest Deadline

By 5pm Pacific Time, five (5) business days upon receipt of Notice of Non- Qualification Offeror shall review the protest deadline indicated in the Notice.

9. Contract Negotiations and Award

If Offeror receives Notice of Qualification, the BHSD shall immediately reach out to begin the negotiation process if additional needs arise.

10. Estimated Start Date of Contract Upon execution by the Procurement Department or the Board of Supervisors.

B. POINT OF CONTACT

1. Any inquiries or request regarding this procurement should be submitted in writing through https://Biddingo.com/santaclaracounty, the County’s solicitation management system. Offerors may only submit inquiries through Biddingo regarding this RFSQ.

2. Communication with County Employees. As of the issuance date of this RFSQ and continuing until the final date of award of the contract(s), Offeror’s contact with Santa Clara County employees is strictly limited. All personnel representing the County are specifically directed not to hold meetings, conferences, or technical discussions with any Offeror for purposes of responding to this RFSQ. All questions related to the RFSQ must be directed through Biddingo. Any Offeror found to be acting in any way contrary to this directive will be disqualified from entering into any contract that may result from this RFSQ.

https://biddingo.com/santaclaracounty

Request for Statement of Qualifications RFSQ-BHS-FY23-0108 Page 10 of 25

C. EXPLANATION OF EVENTS

1. ISSUANCE OF RFSQ

This RFSQ is being issued by the BHSD. Copies of this RFSQ, including supporting documents, may be obtained from https://Biddingo.com/santaclaracounty.

2. OFFERORS’ CONFERENCE

A pre-proposal conference is scheduled for this RFSQ, as specified in Section II.A of this RFSQ.

Pre-proposal Conference Date/Time/Location:

Date: 10/31/2022

Time: 9:30 am – 11:00 am Pacific Time

Location: Join Zoom Meeting https://sccgov-org.zoom.us/j/98618548608

Meeting ID: 986 1854 8608

Dial by your location

+1 669 219 2599 US (San Jose)

+1 669 900 6833 US (San Jose)

Meeting ID: 986 1854 8608

NO IN-PERSON CONFERENCE WILL TAKE PLACE. THE BHSD WILL CONDUCT

THE PRE-PROPOSAL CONFERENCE VIA THE ZOOM VIDEOCONFERENCE

PLATFORM.

No audio, video, or written transcript record of the proceedings of this pre-proposal conference will be available after its conclusion. The County will attempt to tabulate a list of all questions and responses at the pre-proposal event but does not guarantee that the list will include every question asked at the event. Upon request, the County may publish a list of Offerors attending the pre-proposal conference after the conclusion of the event.

The pre-proposal conference will include a review of the RFSQ and response to questions. Although the pre-proposal conference is optional, Proposers are strongly encouraged to attend this conference.

Oral responses given at the conference are not binding on the County. Any responses submitted or provided at the conference that, in the County’s judgment, alter the content of the RFSQ, will be provided in writing, as an addendum to the RFSQ. All addenda will be posted on https://Biddingo.com/santaclaracounty.

3. DEADLINE TO SUBMIT WRITTEN RFSQ QUESTIONS IN BIDDINGO

Submit all written questions through https://Biddingo.com/santaclaracounty by the https://biddingo.com/santaclaracounty https://biddingo.com/santaclaracounty https://sccgov-org.zoom.us/j/98618548608

Request for Statement of Qualifications RFSQ-BHS-FY23-0108 Page 11 of 25 due date listed in Section II.A of this RFSQ. The County will not respond to questions submitted in any other manner or format. Please cite the RFSQ Section, subsection and page number that each question references. Example: [RFSQ Section III, subsections B & D.12, pages 14-15].

Answers to questions received by the deadline will receive a response on https://Biddingo.com/santaclaracounty. Thereafter, the County does not guarantee that it will respond to questions submitted after the closing date and time for written questions.

Written responses to written questions regarding the substance of the RFSQ, and any material changes to the RFSQ, will be issued as an addendum, which shall be posted on https://Biddingo.com/santaclaracounty. The County may, but is not required to, respond to questions at other times (e.g., prior to a scheduled pre-Response conference). The County reserves the right to post additional addenda until the RFSQ closing date and time, including addenda that make material changes to the RFSQ.

4. DEADLINE TO SUBMIT RESPONSES

Please see Section III.A.7 of this RFSQ for a detailed description of the RFSQ Submission and Deadline process.

5. RESPONSE EVALUATION PROCESS

Each response will be reviewed to determine if the Offeror is responsive to the submission requirements outlined in the RFSQ. Responses may be recommended for another round of evaluation at the County’s discretion. Each round of evaluation may result in modification of scores, further clarification or addenda being issued, and changes in the RFSQ process. If a Response does not meet minimum qualifications, the County at its sole discretion may eliminate the Response for further consideration.

6. INTERVIEWS

Upon evaluation of the Response, the Evaluation Committee may choose to conduct an interview with any Offeror(s). The Notice of Interview that will be sent to Offerors(s) will provide additional instructions on the interview process. Upon completion of the interview process, the Evaluation Committee members may re-evaluate and update the QP of Responses in consideration.

7. ISSUE NOTICES OF QUALIFICATION AND/OR NON-QUALIFICATION

As referenced by the deadline in Section II.A of this RFSQ, the BHSD will e-mail intent to qualification and/or non-qualification notices to all Offerors.

8. PROTEST

Please see Section III.A.15 of this RFSQ for information on the protest procedures.

9. CONTRACT NEGOTIATIONS AND AWARD

Please see Sections V.E and V.F of this RFSQ for a detailed description of the Contract Negotiations and Award process.

Request for Statement of Qualifications RFSQ-BHS-FY23-0108 Page 12 of 25

10. ESTIMATED START DATE OF CONTRACT

Section II.A.10 indicates the estimated start date of the awarded contract.

III. CONDITIONS GOVERNING THE PROCUREMENT

This section contains the conditions governing the RFSQ process.

A. Offerors are required to adhere to the following conditions.

1. INCURRING COST

This RFSQ does not commit the County to award, nor does it commit the County to pay any cost incurred in the submission of the Response, or in making necessary studies or designs for the preparation thereof, nor procure or contract for services or supplies. Further, no reimbursable cost may be incurred in anticipation of a contract award.

2. CLAIMS AGAINST THE COUNTY OF SANTA CLARA

Neither Offeror’s organization nor any of their representatives shall have any claims whatsoever against the County or any of its respective officials, agents, or employees arising out of or relating to this RFSQ or these RFSQ procedures, except as set forth in the terms of a definitive agreement between the County and Offeror’s organization.

3. BASIS FOR RESPONSE

Only information supplied by the County in writing via the County’s solicitation management system, https://Biddingo.com/santaclaracounty in connection with this RFSQ should be used as the basis for the preparation of Offeror’s Response.

4. NO PUBLIC RESPONSE OPENING

There will be no public opening for this RFSQ.

5. CALIFORNIA PUBLIC RECORDS ACT (CPRA)

All Responses become the property of the County, which is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Offeror’s proprietary information is contained in documents submitted to County, and Offeror claims that such information falls within one or more CPRA exemptions, Offeror must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information. In the event of a request for such information, the County will make best efforts to provide notice to Offeror prior to such disclosure. If Offerors contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the County’s deadline for responding to the CPRA request. If Offeror fails to obtain such remedy within County’s deadline for responding to the CPRA request, County may disclose the requested information.

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Offeror further agrees that it shall defend, indemnify, and hold County harmless against any claim, action, or litigation (including but not limited to all judgments, costs, fees, and attorney’s fees) that may result from denial by County of a CPRA request for information arising from any representation, or any action (or inaction), by Offeror.

6. CONFIDENTIALITY

All data and information obtained from the County of Santa Clara by Offerors and their agents in this RFSQ process, including reports, recommendations, specifications, and data, shall be treated by Offerors and its agents as confidential. Offerors and its agents shall not disclose or communicate this information to a third party or use it in advertising, publicity, propaganda, marketing, or in another job or jobs, unless prior written consent is obtained from an authorized representative of the County.

Generally, each Response and all documentation, including financial information, submitted by an Offeror to the County is confidential until a contract award recommendation is signed by the issuing County Department, when such documents become public records under State and local law, unless exempted under CPRA.

7. ELECTRONIC SUBMISSIONS OF THE RFSQ

a. This RFSQ is being made available by electronic means. As part of the RFSQ, will be required to download, complete, and upload certain documents. Offerors acknowledge and accept full responsibility to ensure that no changes are made to the RFSQ. In the event of conflict between a version of the RFSQ in Offeror’s possession and the version maintained by the BHSD, the version maintained by the BHSD must govern.

b. All Responses must be submitted electronically through e-mail. To submit an application for the Open RFSQ, please email all materials to BHSD.Solicitations@hhs.sccgov.org. Refer to Section IV.D.3 for detailed instructions on the attachments needed for a complete submission packet.

c. Offerors are solely responsible for ensuring their responses are completed and submitted electronically in BHSD.Solicitations@hhs.sccgov.org prior to the closing date and time for this RFSQ.

d. Offerors may modify or withdraw their Responses submitted via email until the RFSQ closing date and time. The County will only consider the latest version of the Response submitted through BHSD.Solicitations@hhs.sccgov.org.

e. The County has the capability of viewing documents submitted in the following formats: Microsoft Word, Microsoft Excel, portable document format file (PDF) only.

f. If the County is unable to open a file due to a virus or because the file has been corrupted, the Response may be considered incomplete or non-responsive and may be disqualified from further consideration.

g. Electronic Response submissions may require uploading of electronic attachments.

The submission of attachments containing embedded documents or proprietary file extension is prohibited. Each document should be attached as a separate file.

mailto:BHSD.Solicitations@hhs.sccgov.org

Request for Statement of Qualifications RFSQ-BHS-FY23-0108 Page 14 of 25

h. All information submitted is subject to third parties’ disclosure under the California Public Records Act.

i. Response forms requiring signature can be signed by means of “electronic signature” in accordance with the County requirements. This includes wet signature scanned via PDF or by applying an electronic signature using technology approved by the County such as DocuSign.

8. CONFLICTS OF INTEREST

An Offeror that becomes a Contractor is subject to all applicable federal, state, and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including but not limited to California Government Code §1090, et seq. and §81000, et seq.

If awarded this Contract, Contractor will covenant that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Contract. Contractor will further covenant that, in the performance of this Contract, it will not employ any contractor or person having such a conflict of interest.

9. GUARANTEE OF RESPONSE

Responses to this RFSQ, including Response prices, will be considered firm and irrevocable for one-hundred and eighty (180) days after the due date for receipt of Responses and/or one-hundred eighty (180) days after receipt of a best and final offer, if one is submitted.

10. ELECTRONIC MAIL ADDRESS

A large part of the communication by the County to Offerors regarding this RFSQ will be conducted by electronic mail (e-mail). Offerors agrees to provide the Contracts Analyst(s) with a valid e-mail address to receive this correspondence.

11. POLITICAL REFORM ACT DISCLOSURE REQUIREMENT

An Offeror that becomes a Contractor, including but not limited to the Contractor’s employees and subcontractors, may be subject to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the “Act”), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under the Contract, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests.

If the disclosure provisions of the Act are applicable to any individual providing service under the Contract, Contractor shall, upon execution of the Contract, provide the County with the names, description of individual duties to be performed, and e-mail addresses of all individuals, including but not limited to Contractor’s employees, agents and subcontractors, that could be substantively involved in “making a governmental decision” or “serving in a staff capacity and in that capacity participating in making governmental decisions or performing duties that would be performed by

Request for Statement of Qualifications RFSQ-BHS-FY23-0108 Page 15 of 25 an individual in a designated position,” (2 CCR 18701(a)(2)), as part of Contractor’s service to the County under the Contract. Such individuals shall file Statements of Economic Interests within 30 days of commencing service under the Contract, annually by April 1, and within 30 days of their termination of service under the Contract.

12. COUNTY FACILITIES

The use of County-owned or County-leased facilities will require an applicable lease, license, or other written agreement (including provisions within the management or services agreement) which incorporates the terms of the facility use, including but not limited to rent, utilities, maintenance, and repairs. If Offerors will be responsible for facility use costs at County-owned or County-leased facilities, then County will work with Offerors to either adjust Offeror’s budget to include such costs or arrange to reimburse Offerors for such costs.

13. ASSIGNMENT OF CLAYTON ACT, CARTWRIGHT ACT CLAIMS

In submitting a response to a solicitation issued by the County, the responding person and/or entity offers and agrees that if the response is accepted, it will assign to the County all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the responding person and/or entity for sale to the County pursuant to the solicitation document. Such assignment shall be made and become effective at the time the County tenders final payment to the responding person and/or entity.

14. COUNTY RIGHTS

The County reserves the right to do any of the following at any time:

a. Reject any or all Response(s);

b. Waive or correct any minor defect, irregularity, or technical error in a Response, the RFSQ or evaluation process, or as part of any subsequent contract negotiation (Responses submitted after the date or time listed in the “Deadline to Submit Responses” line of the Schedule of Events section of this RFSQ, for any reason, shall not be considered a minor defect, irregularity, or technical error);

c. Request that Offerors supplement or modify all or certain aspects of their Responses or other documents or materials submitted;

d. Terminate the RFSQ, and at its option, reissue a new RFSQ;

e. Procure any equipment or services specified in this RFSQ by other means;

f. Modify the selection process, the specifications or requirements for materials or services, or the contents or format of the Responses;

g. Extend a deadline specified in this RFSQ, including deadlines for accepting

Responses, accept Responses through other sources (besides Biddingo) and beyond the due date and time at its sole discretion;

h. Negotiate with any or no Offerors;

i. Modify in the final agreement any terms and/or conditions described in this RFSQ;

Request for Statement of Qualifications RFSQ-BHS-FY23-0108 Page 16 of 25

j. Terminate failed negotiations with an Offeror without liability, and negotiate with other Offerors;

k. Disqualify any Offerors on the basis of a real or apparent conflict of interest, or evidence of collusion that is disclosed by the Response or other data available to the County;

l. Eliminate, reject, or disqualify a Response of any Offerors who is not a responsible Offerors or fails to submit a responsive offer as determined solely by the County;

m. Accept all or a portion of an Offeror’s Response;

n. Request that services be provided by certain staff of an Offeror, or request that certain staff of an Offeror be excluded from providing services, as determined by the County to be in its best interest;

o. Award multiple contracts if it is deemed necessary to provide the specified services;

p. Reject a Response in whole or part if any of the RFSQ forms are left blank or are materially altered, in the judgment of the County;

q. Reject a Response in whole or part if any document or item necessary to the Response is incomplete, improperly executed, indefinite, ambiguous, or is missing, in the judgment of the County;

r. Reject a Response in whole or part for any attempt by Offeror to improperly influence any member of the Evaluation Committee;

s. Reject a Response if Offeror’s agency or a related agency is currently in litigation with the County, or the County is contemplating litigation against Offeror or a related agency relating to contract performance;

t. Reject a Response in whole or part for any false, misleading, or otherwise unresponsive statements, documents or information provided to the County either through disclosure or non-disclosure if, in the County’s judgment, the false, misleading, or otherwise unresponsive statements, documents, or information are material;

u. Reject a Response in whole or part if Offeror is in breach of, or in default under, any other agreement with the County;

v. Reject a Response in whole or part, if, in the County’s judgment, Offeror’s performance on a past or existing contract with the County is poor;

w. Reject a Response if Offeror’s agency or a related agency is currently being investigated by the County for non-performance of obligations under any contract with the County, and such non-performance or alleged non- performance has resulted in actual non-renewal or termination of Offerors or related agency’s contract with the County;

x. Increase the quantity of services procured under this RFSQ if, at a later date, the County secures new or additional funding for these services;

y. Complete contract negotiations to establish performance incentives based on, but not limited to the following measures: 1) any BHSD contract monitoring tool(s); 2) Offeror’s compliance with Medicaid (Medi-Cal) Managed Care rules and regulations (e.g., Network Adequacy requirements); and 3) outcomes, service performance/delivery, and metrics listed in a contract awarded as a result of this RFSQ; and

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z. Reserve the right to complete contract negotiations and establish additional contracting terms in compliance with State, Federal Law, or Accrediting Agencies (e.g., payment and referral requirements coordinated by the Department of Health Care Services [DHCS] California Advancing and Innovating Medi-Cal [CalAIM] initiative).

15. PROTEST PROCEDURES

a. The County’s Protest Process is available online and is linked here.

b. Written protests must be emailed to the BHSD Program Manager III (Procurement Officer) with a reference to the RFSQ Title:

County of Santa Clara Health System Behavioral Health Services Department RFSQ-BHS-FY23-0108: Substance Use Residential Withdrawal Management Services Attention: Angeleah Macatiag, Program Manager III 828 South Bascom Avenue, Suite 200 San José, California 95128 E-mail: Angeleah.Macatiag@hhs.sccgov.org

THIS RFSQ SOLICITATION REQUIRES ALL RESPONSES TO BE SUBMITTED ELECTRONICALLY

THROUGH EMAIL TO BHSD.SOLICITATIONS@HHS.SCCGOV.ORG. NO PAPER, FAX, OR

BIDDINGO SUBMISSIONS SHALL BE ACCEPTED – THESE SUBMISSIONS WILL BE DEEMED

NONRESPONSIVE.

IV. OFFEROR’S SUBMISSION

This section contains requirements and relevant information Offerors should use for the preparation of their Responses. Offerors should thoroughly respond to each requirement.

A. GENERAL INSTRUCTIONS

1. These instructions outline the guidelines governing the format and content of the Response and the approach to be used in its development and presentation. Only information which is essential to the understanding and evaluation of the Response should be submitted. No limitation on the content of the Response is intended in these instructions and inclusion of any pertinent data or information is permitted within the page requirements.

2. NON-CONFORMING RESPONSES

A submission may, at the sole discretion of the County, be construed as a non-conforming Response, ineligible for consideration or incomplete if it does not comply with the requirements of this RFSQ.

3. OPEN RFSQ SUBMISSION

https://prc.santaclaracounty.gov/policies/protest-policy

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To submit an application for an Open RFSQ, please email all materials to BHSD.Solicitations@hhs.sccgov.org. Refer to Section IV.D.3 for detailed instructions on the attachments needed for a complete submission packet.

B. NUMBER OF RESPONSES

1. One Response will be accepted from any one person, partnership, corporation, or other entity. County personnel will not merge, collate, or assemble Response materials for Offerors.

C. RESPONSE FORMAT

1. Offerors shall format their Responses according to 8 1/2 x 11 letter sized format, Times New Roman, 12-point font with single line spacing, and 1-inch margins. Only the Response and Miscellaneous Supporting Documents must be paginated. Each Response and group of Miscellaneous Supporting Documents must be paginated independently from each other.

2. Responses and all appendices shall be in English and free of ambiguities, alterations, and erasures. The Response packets should be signed by a duly authorized officer or agent of Offerors. In the event of conflict between words and numerals, the words shall prevail.

3. Do not upload any information that is not requested. Additional information not requested, including but not limited to letters of support, will be removed and not considered.

D. RESPONSE SEQUENCE AND CHECKLIST

1. Within each section of their Response, Offeror should address the items in the order in which the BHSD outlines below. All forms provided in the RFSQ should be thoroughly completed and must be included in the appropriate section of the Response.

2. Offeror will identify and respond to all the following items in the order they are listed, except when instructed to attach as an appendix to the Response. Successful Responses must comply with all the conditions, required program standards, and specifications within each service category. Offeror should thoroughly respond to each requirement as directed in a narrative format or on specified forms when required. The Response must be organized and indexed in the following sequence and must contain at minimum all listed items.

3. Please note the organization of the lines listed in Biddingo:

Line 1: Appendices and Audited Financial Statements

Order Document Format Compilation

1 Appendix A “Cover Sheet” Word document provided on Biddingo.

Items 1-9 must be merged into ONE PDF and uploaded under the applicable “Line 1:

2 Appendix B “Customer References”

Word document provided on Biddingo.

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3 Appendix C “Offeror’s Questionnaire”

Word document provided on Biddingo.

Appendices and Audited Financial Statements” line item in Biddingo.

4 Appendix D “Declaration Submittal Form”

Offeror should complete the Declaration Submittal Form containing:

• Non-Collusion Declaration,

• Declaration of Compliance with Equal Opportunity/ Nondiscrimination,

• Wage Theft Prevention, and

• Declaration of Intent to

Comply with County COVID- 19 Requirements.

5 Appendix F “California Public Records Act – Confidential Information”

6 Appendix G “Cultural Competence Form

Word document provided on Biddingo.

7 Appendix H “Offeror’s Electronic Health Record Status”

Word document provided on Biddingo.

8 Appendix I “Budget Narrative” Excel document provided on

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9 Insurance Exhibit & Endorsement Letter from Insurance Agent

Offeror to provide a certificate of insurance or a copy of insurance declaration as written evidence of their ability to meet the insurance certificate and other applicable County insurance requirements in accordance with the provisions listed in this RFSQ. Offeror should also provide a letter from an insurance agent or other appropriate insuring authority documenting their willingness and ability to endorse their insurance policies naming the County as an additional insured.

10 Audited Financial Statement and Management Letter.

Proposer generated Standard Format for the Audited Financial Statement and Management Letter.

Item 10 must be merged into ONE PDF and uploaded under the applicable “Line 1:

Appendices and Audited Financial Statements” line item in Biddingo.

Please note: Offerors shall only submit an Appendix J if an original RFSQ response was submitted and qualified for Tier 3 initially. If Offerors submit an initial response for Tiers 1/2 or are in the process of submitting a new application, Appendix J is not required.

Line 2: Organization of Response Submission

Order Document Format Compilation

1 Program Response Packet Cover Sheet

Must not exceed 1 page. Indicate Offeror name and proposed program service type.

Items 1-4 must be combined into ONE singular PDF

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2 Executive summary: This section must include a summary of the key aspects of the proposed solution and principal advantages to the County.

Times New Roman with 12-point font size on 8 ½ x 11 inch letter sized paper with single spacing and 1-inch margins. Must not exceed 1 page.

titled “[Offeror Name] SURWMS Response Submission” and uploaded under Line 2, “Response Submission”.

3 Proposal Narrative (based on Appendix B, Evaluation Criteria and Qualifications)

1. Organizational Structure and Experience;

2. Proposed Program Description.

Times New Roman with 12-point font on 8 ½ x 11 inch letter sized paper with single spacing and 1-inch margins. Must not exceed 5 pages per program submission.

Pagination and numbering for this section should begin with page 1.

4 Miscellaneous Supporting Documents

(e.g., Organizational chart, job descriptions, other spreadsheets)

Offeror generated; documents must be referenced in the Response Narrative. Pagination and numbering for this section should begin with page 1. No page limit applies. Documents are separate from the maximum allowable number of pages.

E. The County does not guarantee the accuracy of the formulas in these forms and is not responsible for any errors or omissions. Offeror assumes all responsibility for the accuracy of the information provided either on the forms included with this RFSQ or other formats.

F. EXECUTIVE SUMMARY

This section must include a summary of the key aspects of the proposed solution and principal advantages to the County and must not exceed one page. This summary is separate from the maximum allowable number of pages.

G. RESPONSE REQUIREMENTS/CRITERIA (Maximum 80 points out of 100)

Not to exceed five (5) pages. Organizational charts and resumes do not count towards the five

(5) page limit. Only the written responses to Sections 1 and 2 are counted towards the page limit.

Responses should provide clear, concise information in sufficient detail to allow an evaluation based on the criteria in Appendix B.

H. HISTORICAL PERFORMANCE ANALYSIS (Maximum 5 points out of 100)

1. To ensure the County addresses quality improvement efforts, Offeror’s historical performance data will be assessed. Historical data analysis will be reviewed by BHSD Program Subject Matter Experts (SMEs) and rated according to the criteria laid out in this RFSQ. Documents and data to be reviewed shall include:

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• County-initiated reference checks;

• County Corrective Action Plans (CAPs); and

• Internal (County) annual performance evaluation documentation per Board Policy 5.4.5.4.

2. The following criteria will apply to the historical performance analysis:

a. All data and documents must indicate that previously awarded Offerors:

• Have complied with federal, state, and County service utilization/provision guidelines; and

• Have demonstrated an overall positive social impact of past procurement decisions to award.

b. Point allocation includes assumption of technical correctness with two points removed for each concern, depending on level of severity. If a new Offeror is applying with no historical data, they will default to receive full points for this category.

c. The points will be allocated as noted below.

Section 3: Historical Performance Analysis Total Points 5

a. Responsiveness to County service utilization guidelines (e.g., reference checks, County CAPS, Internal annual performance evaluations). 5

I. ELECTRONIC HEALTH RECORD CAPACITY (Maximum 5 points out of 100)

1. Offeror’s electronic health record (EHR) system capacity and responses will be reviewed by BHSD EHR Subject Matter Experts (SMEs) and rated according to the criteria laid out in this RFSQ. Documents and data to be reviewed shall include Appendix H, “Offeror’s Electronic Health Record Status”.

2. The points will be allocated as noted below.

Section 4: Electronic Health Record Capacity Total Points: 5

Offeror described the organization’s ability to use their current electronic health record (EHR) system (including the capability to exchange data with County systems) and/or the ability to implement a new EHR system as listed in Appendix H. Offeror provided details on how their organization shall use the

County’s myAvatar system using one of the following implementation types:

1. PCE with 837 billing;

2. PCNX with 837 billing;

3. PCNX non-837 billing with fast service entry claims submission, or

4. Solely client information without billing, if no EHR billing is need for the particular program/contract.

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J. FINANCIAL STABILITY/SOLVENCY

1. Offeror shall provide documentation that the organization has sufficient reserves to maintain the program, preferably:

a. Audited financial statements covering the last two (2) fiscal years with the applicable notes;

b. Independent Auditor’s Report on Compliance and Internal Control over Financial Reporting based on an Audit of the Financial Statements in Accordance with Government Accounting Standards; and

c. Independent Auditor’s Statement of Findings and Questioned costs.

2. If audited financial statements are not available, Offeror shall submit Dun & Bradstreet, bank, or other documentation of cash or credit reserves that would enable Offeror to carry this contract.

3. Offeror must provide this information with their Response and not defer submission to a later date. The BHSD may request, and Offeror must supply any additional financial information requested in a timely manner.

4. Offeror shall complete Appendix I, “Budget Narrative” in order to justify rates set forth in Appendix A, “Cover Sheet”. The information provided will not be allocated points, and will only be used upon an Offeror’s admission into the QP.

5. The points will be allocated as noted below.

Section 5: Financial Solvency Total Points: 5

a. Financial stability from audited financial statements, financial ratios, and management comments with one point removed for each concern. 4

b. Minimum of 45 days cash on hand. 1

K. INDEMNITY AND INSURANCE REQUIREMENTS

Offeror should provide a certificate(s) of insurance or a copy insurance declaration page(s) with their Responses as written evidence of their ability to meet the insurance certificate and other applicable County insurance requirements in accordance with the provisions listed in the County Insurance Requirements Exhibit of the RFSQ. In addition, Offeror should provide a letter from an insurance agent or other appropriate insuring authority documenting their willingness and ability to endorse their insurance policies naming the County as an additional insured.

L. OFFEROR’S TERMS AND CONDITIONS

If Offeror objects to any of the County’s terms and conditions listed in the County Standard Terms and Conditions Exhibit, Offeror must propose specific alternative language and indicate the reason for their objection. The County may or may not accept the alternative language.

The County will not accept general references to Offeror’s terms and conditions or attempts

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