S-10000-00001153 Final.pdf

S-10000-00001153 (5269) v10 / l.thomas DAS Procurement Services, Version 4.4 July 1, 2021 Page 1 of 30

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF HUMAN SERVICES

Is issuing this Request For Proposals (RFP) under

OregonBuys Bid Number S-10000-00001153 for

FEE-FOR-SERVICE REPRESENTATIVE PAYEE SERVICES

Date of Issue: November 18, 2021

Closing Date and Time: December 17, 2021 at 3:00 PM

Single Point of Contact (SPC): Louie Thomas, Procurement Specialist

Address: 635 Capitol Street NE Suite 350 City, State, Zip Salem, Oregon 97301 Phone (voice) (503) 945-5848 Phone (fax) (503) 378-4324 E-mail: louie.thomas@dhsoha.state.or.us

In compliance with the Americans with Disabilities Act, this document is available in alternate formats such as Braille, large print, audio recordings, Web-based communications and other electronic formats. To request an alternate format, please send an e-mail to dhs-oha.publicationrequest@state.or.us or call 503-378-3486 (voice) or 503-378-3523 (TTY) to arrange for the alternative format. The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SINGLE POINT OF CONTACT (SPC)

1.3 AUTHORITY AND METHOD

1.4 SCHEDULE

1.5 OVERVIEW AND PURPOSE

SECTION 2: DEFINITIONS AND SCOPE OF WORK

2.1 DEFINITION OF TERMS

2.2 SCOPE OF WORK

SECTION 3: SOLICITATION PROCESS

3.1 PUBLIC NOTICE

3.2 OREGONBUYS e-PROCUREMENT SYSTEM

3.3 PRE-PROPOSAL CONFERENCE

3.4 PROPOSERS QUESTIONS AND REQUESTS FOR CLARIFICATION

3.5 SAMPLE CONTRACT EXCEPTIONS

3.6 SOLICITATION PROTESTS

3.7 PROPOSAL DELIVERY OPTIONS

3.8 PROPOSAL MODIFICATION OR WITHDRAWAL

3.9 PROPOSALS DUE

3.10 PUBLIC OPENING

3.11 PROPOSAL REJECTION

3.12 EVALUATION OF PROPOSER AND PROPOSAL

3.13 POINT AND SCORE CALCULATIONS

3.14 RANKING OF PROPOSERS

3.15 AWARD NOTIFICATION PROCESS

3.16 INTENT TO AWARD PROTEST

3.17 CONTRACT NEGOTIATIONS

3.18 ADDITIONAL ROUNDS

3.19 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

SECTION 4: PROPOSAL REQUIREMENTS

4.1 PROPOSER QUALIFICATIONS

4.2 PROPOSAL REQUIREMENTS

4.3 PROPOSAL CRITERIA

SECTION 5: ADDITIONAL PROPOSAL INFORMATION

5.1 COBID CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP AND PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

5.5 COST OF SUBMITTING A PROPOSAL

5.6 RECYCLABLE PRODUCTS

5.7 CHECKLIST DISCLAIMER

SECTION 6: ATTACHMENTS

6.1 ATTACHMENT A “SAMPLE CONTRACT”

6.2 ATTACHMENT B “PROPOSER INFORMATION AND CERTIFICATION SHEET”

6.3 ATTACHMENT C “PROPOSER’S CONTRACT INFORMATION”

6.4 ATTACHMENT D “PRICE PROPOSAL FORM”

6.5 ATTACHMENT E “DISCLOSURE EXEMPTION AFFIDAVIT”

6.6 ATTACHMENT F “CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN”

6.7 ATTACHMENT G “RESPONSIBILITY INQUIRY”

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Human Services (“ODHS”), Office of Developmental Disabilities Services (“ODDS”) and its Stabilization and Crisis Unit (“SACU”), is issuing this Request for Proposals (“RFP”) for one or more Contractors to provide fee-for-service Representative Payee Services for Beneficiaries of Social Security benefits, Supplemental Security Income (“SSI”) benefits, Veterans Administration benefits, Tribal benefits, or earned wages and other sources of income. The fee-for-service representative payee will provide services to Individuals who experience Intellectual and/or Developmental Disabilities (“I/DD”), living in Homes operated by ODDS SACU, or who will live in Homes operated by ODDS SACU that are developed during the term of the Contract.

Additional details on the scope of the Representative Payee Services are included in subsection

2.2 “Scope of Work.” ODHS anticipates the award of multiple Contracts from this RFP.

The initial term of an awarded Contract is anticipated to be twenty-four (24) months with options for ODHS to renew the Contracts up to a maximum of six (6) years. Contract extensions for additional years are contingent on the Contractor’s performance under the Contract and legislative approval of appropriations as part of ODDS’ and SACU’s biennial budgets.

The not-to-exceed amount for the initial Contract period is estimated to be $150,000.00. The number of Individuals requiring Representative Payee Services varies and is dependent on the needs of the Beneficiaries in the Homes. ODHS cannot guarantee a specific number of Beneficiaries that will require Representative Payee Services.

1.2 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

1.3 AUTHORITY AND METHOD

ODHS is issuing this RFP pursuant to its authority under OAR 125-246-0170(2).

ODHS is using a modified Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. ODHS may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

1.4 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change. Questions, and their responses, may be published in the OregonBuys e-Procurement system.

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Event Date Time

Questions / Requests for Clarification SPC will accept questions or requests for clarification up to December 01, 2021.

Answers to Questions / Responses to Clarification Requests Issued

SPC will provide answers to questions or requests for clarification within five (5) business days of receipt of Proposer’s email with the questions or requests.

RFP Protest Period Ends December 1, 2021

Closing (Proposal Due) December 17, 2021 at 3:00 PM

Earliest the identity of Proposers will be made available

Within 30 calendar days of the RFP Closing (Proposals Due) date

Issuance of Notices of Intent to Award Within 45 calendar days the RFP Closing (Proposals Due) date

Award Protest Period Ends Seven (7) calendar days after Notices of Intent to Award is issued

1.5 OVERVIEW AND PURPOSE

1.5.1 ODHS Overview

ODHS is Oregon’s principal agency for helping Oregonians achieve wellbeing and independence through opportunities that protect, empower, respect choice and preserve dignity, especially for those who are least able to help themselves.

ODDS is one of five ODHS programs that help Oregonians in their own communities achieve safety, well-being and independence through services that protect, empower, respect choice, and preserve dignity.

1.5.2 ODDS Overview

ODDS’ focus is on the planning of services, policy development and regulation of programs for individuals who experience I/DD. ODDS supports Individuals who live and work in their communities inclusively. The vision of ODDS is for Individuals and their families to access quality supports that are simple to use and responsive to their strengths, needs and choices, while the Individuals live and thrive as valued members of their community. The mission is for ODDS, stakeholders, and the Developmental Disabilities community to come together to provide services, supports, and advocacy to empower Oregonians with I/DD to live full lives in their communities. ODDS fulfills its mission and carries out its responsibilities by adhering to the following values:

• Choice, self-determination, and person-centered practices;

• Children and families together;

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• Health, safety, and respect;

• Community inclusion and community living;

• Strong relationships; and

• Service equity and access.

1.5.3 ODDS SACU Overview

SACU, a unit within ODDS, operates community-based residential group homes for Individuals who experience I/DD. Residents of SACU Homes require a variety of supports to meet their complex individual needs. SACU’s Homes are currently in the following counties:

Clackamas, Multnomah, Marion, Lane, Linn, and Yamhill.

1.5.4 PURPOSE

ODHS is soliciting proposals to provide Representative Payee Services for Beneficiaries who reside in ODDS SACU Homes. The Beneficiary will be eligible for ODDS SACU’s fee-for-service Representative Payee Services while the Beneficiary is living in an ODDS SACU Home and may be eligible to continue with the same Representative Payee after leaving an ODDS SACU Home.

The main duties of a Representative Payee are to use the Beneficiaries’ Social Security benefits, SSI, or Veterans Administration benefits, Tribal benefits, or earned wages and other sources of income, to pay for the current and future needs of a Beneficiary, and properly save any benefits not needed to meet current needs. A Representative Payee must also keep records of expenses and provide an accounting of how the Representative Payee used or saved the benefits or income.

1.5.5 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Contract award under this RFP may be required to submit additional information and comply with the following:

If selected for award of a Contract, Proposer may be required to certify during the term of the Contract or the duration of EO 21-29, whichever expires or terminates first, that Contractor has obtained Proof of Vaccination from all Workers providing goods or services at an Executive Branch Worksite are Fully Vaccinated against COVID-19 or have met the requirements for an exception under paragraph 6 of EO 21-29.

SECTION 2: DEFINITIONS AND SCOPE OF WORK

2.1 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110; defined in Attachment A “Sample Contract”; and are described below.

2.1.1 “Beneficiary” means a person who receives benefits from the SSA, including SSI;

Veterans Administration; a Tribe; or has other sources of income.

2.1.2 “Developmental Disability” or “DD” as defined in OAR 411-320-0020.

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2.1.3 “EO 21-29” means Governor of the State of Oregon’s Executive Order 21-29 as may be amended, available at:

https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf.

The terms "Executive Branch," "COVID-19," "Fully Vaccinated," "Proof of

Vaccination," "Employee," and "Worker" have the meanings defined in EO 21-19.

2.1.4 “FAQ” for the purpose of this Solicitation and resulting contracts, means the “Executive Order 21-29 Vaccination Requirements for State Contractors Contractor Frequently Asked Questions” as may be amended, available at:

https://www.oregon.gov/das/Procurement/Documents/ExecutiveOrder21- 29_ContractorFAQ.pdf.

The term “Worksite” has the meaning defined in the FAQ

2.1.5 “Home” means an ODDS SACU operated, community-based residential group home for Individuals with I/DD.

2.1.6 “Individual” means an adult or child with I/DD for whom services are planned, provided, and authorized by a qualified services coordinator or support specialist.

2.1.7 “Intellectual Disability” or “ID” has the meaning as defined in OAR 411-320-0020.

2.1.8 “Qualified Organizational Representative Payee” means an organization that the SSA allows to collect a fee for providing Representative Payee Services.

2.1.9 Representative Payee” means an individual or organization SSA appoints to receive and manage the Social Security or SSI benefits of another person. A Representative Payee must use the funds they receive for the use and benefit, and in the best interest of, the Beneficiary.

2.1.10 “Representative Payee Services” means the services provided to a Beneficiary who can’t manage or direct the management of their benefits or income. A representative payee is not the same as an authorized representative, having no power of attorney, nor a joint bank account with the beneficiary. A Representative Payee has the legal authority to negotiate and manage a Beneficiary’s benefits and other sources of income. An organization that provides Representative Payee Services must also be Qualified Organizational Representative Payee for the requirements of this RFP.

2.2 SCOPE OF WORK

After execution of a Contract, the Proposer will be designated as a Contractor and will perform the services or complete the Work described in this subsection 2.2 “Scope of Work” and in Attachment A “Sample Contract.”

ODHS and the Contractor will negotiate a final Statement of Work. The Statement of Work will include provisions based on this RFP, primarily this subsection 2.2 “Scope of Work,” and the Proposer’s Proposal.

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2.2.1 Duties of a Representative Payee

A Representative Payee manages payments for Beneficiaries who are incapable of managing their benefits and income from other sources, if any. Social Security law and regulations and ODHS require payees to use the payments they receive for the current needs of the Beneficiary and in the Beneficiary’s best interests. Representative Payees are encouraged to go beyond just managing payments and be actively involved in the Beneficiary’s life.

The following are the required duties of a Representative Payee:

2.2.1.1 Determine the Beneficiary’s needs and use the Beneficiary’s payments or income to meet those needs;

2.2.1.2 Save any money left after meeting the Beneficiary’s current needs. In this instance, examples of “save” includes depositing excess money in an interest bearing account, converting into saving bonds, or in another secure and safe way that maintains access to the money for the Beneficiary and the Beneficiary’s further needs. The Representative Payee must establish separate accounts for SSA and SSI benefits from the accounts for other benefits and income;

2.2.1.3 Report to SSA and SACU any changes or events which could affect the Beneficiary’s eligibility for payments;

2.2.1.4 Keep records of all payments received and how Representative Payee spent and saved them;

2.2.1.5 For Social Security and SSI benefits, provide all records of how payments are spent or saved to SSA and ODDS upon request. For other sources of income, provide all records of how payments are spent or saved as directed by the payor of that income and as directed by ODDS;

2.2.1.6 Report to SSA and SACU any changes that would affect Representative Payee’s performance or ability to continue as Payee;

2.2.1.7 Complete reports accounting for Representative Payee’s use of payments, as required;

2.2.1.8 Return to SSA any Social Security or SSI benefits to which the Beneficiary is not entitled; and

2.2.1.9 Follow all SSA rules and regulations when transferring SSA Representative Payee responsibilities to another entity, and any other rules and regulations of any other payor when transferring Representative Payee responsibilities to another entity.

2.2.2 Qualified Organizational Representative Payee

2.2.2.1 A Qualified Organizational Representative Payee, or Representative Payee, must be authorized in writing by SSA to charge fees for providing SSA Representative Payee Services. ODHS will pay the fee while the Beneficiary is receiving SACU services.

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2.2.2.2 The SSA does not approve individuals to charge a fee for Qualified Organizational Representative Payee services. The SSA does allow some organizations to collect a fee for providing Qualified Organizational Representative Payee services. The organization must apply with the SSA and qualify under the law for fee collection.

2.2.2.3 To qualify as a Qualified Organizational Payee of SSA benefits, an organization must be:

a. A community based, nonprofit social service organization, bonded and licensed in the state in which it serves as a Qualified Organizational Representative Payee; or

b. A state or local government agency responsible for income maintenance, social service, health care, or fiduciary duties; and

c. Regularly serves as a Qualified Organizational Representative Payee for at least five Beneficiaries; and

d. Not be a creditor of the Beneficiary; and

e. Submit an SSA-445 (Application to Collect a Fee) to the SSA; and

f. Be authorized in writing by the SSA to collect a fee.

2.2.3 Reimbursement for Out-of-Pocket Expenses

2.2.3.1 A Representative Payee must obtain SSA approval before a Representative Payee uses Social Security or SSI benefits to pay for out-of-pocket expenses incurred on behalf of a Beneficiary for other than current or reasonably foreseeable needs.

2.2.3.2 A Representative Payee that is not a Qualified Organizational Representative Payee must obtain SACU approval before the Representative Payee uses any Benefits or income to pay for out-of-pocket expenses incurred on behalf of a Beneficiary for other than current or reasonably foreseeable needs.

2.2.3.3 A Representative Payee cannot use Beneficiary’s funds for the Representative Payee’s overhead expenses, such as costs associated with utilities, rent, office equipment, or supplies.

2.2.4 Beneficiary’s Bank Accounts

2.2.4.1 The Representative Payee must open a bank account to hold the Beneficiary’s Social Security and SSI benefits, and, when applicable and allowed, a separate bank account to hold Tribal benefits, Veterans Administration benefits and/or any earned wages or income the Beneficiary receives. The accounts must be titled so it is clear the money in the accounts belong to the Beneficiary.

2.2.4.2 An account which provides cancelled checks or statements is recommended.

The account should minimize fees and enable clear record keeping. The Representative Payee must consider the checking account service charges; or the charges for cashier’s checks and money orders if the Beneficiary’s bills must be paid through the mail. Interest-bearing accounts are encouraged.

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2.2.5 Use of Beneficiary’s Benefits

2.2.5.1 The Representative Payee must use the Beneficiary’s money for the Beneficiary’s current needs such as food, clothing, shelter, utilities, dental and medical care, and personal comfort items; or for reasonably foreseeable needs.

If not needed for these purposes, the monies must be conserved or invested for the Beneficiary.

2.2.5.2 The Representative Payee will ensure the Beneficiary’s bills are paid on time so not to accrue late fees or encounter termination of any services. Representative Payee shall work with the Beneficiary’s Individual Support Plan (“ISP”) team to determine priority of payments if funds are insufficient to satisfy all current payment obligations.

2.2.5.3 The Representative Payee’s main duty is to make sure the needs of the Beneficiary are met. Once these needs are met, the Beneficiary has a right to some discretionary spending, even if the Representative Payee does not approve of the Beneficiary’s choices.

2.2.5.4 The Representative Payee will work with the Beneficiary and SACU to determine current needs and payment requirements and to provide discretionary spending money.

2.2.6 Representative Payee Restrictions

2.2.6.1 Representative Payees cannot sign legal documents for the Beneficiary.

However, Qualified Organizational Representative Payees may sign Social Security documents for the Beneficiary, if warranted.

2.2.6.2 A Representative Payee may have legal authority over earned income, pensions, or any income from other sources as permitted in accordance with the particular payor’s Representative Payee requirements.

2.2.6.3 Representative Payees cannot use a Beneficiary’s money for the Representative Payee’s personal expenses or spend funds in a way that would leave the Beneficiary without necessary items or services, such as housing, food, or medical care.

2.2.6.4 Representative Payees cannot comingle a Beneficiary’s Social Security or SSI payments or payments with other sources in the Representative Payee’s or another person’s account.

2.2.6.5 Representative Payees cannot keep a Beneficiary’s conserved funds once the Representative Payee is no longer a Representative Payee for that Beneficiary.

2.2.6.6 Representative Payees cannot charge the Beneficiary for services unless authorized by SSA (or other payor) and SACU to do so.

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2.2.7 Benefits for an Institutionalized Beneficiary

2.2.7.1 The Representative Payee must allocate a reasonable share of the Beneficiary’s benefits for the institution’s usual charges while considering the Beneficiary’s other current needs. The Representative Payee must not pay an amount for current maintenance over the legal maximum set up by the State.

2.2.7.2 Current maintenance includes the institution’s usual charges, costs for items that will aid in the Beneficiary’s recovery or release from the institution or improve the Beneficiary’s condition.

2.2.8 Reports

2.2.8.1 The changes or events a Representative Payee must report to SSA and ODDS include, but are not limited to, when:

a. The Beneficiary dies. The Representative Payee must also report the death to the Oregon Office of Payment Accuracy and Recovery, Estate Administration Unit;

b. The Beneficiary moves;

c. The Beneficiary marries;

d. The Beneficiary starts or stops working, even if the earnings are small;

e. A disabled Beneficiary’s condition improves;

f. The Beneficiary starts receiving another government benefit, or the benefit amount changes;

g. The Beneficiary plans to leave the United States. for 30 days or more;

h. The Beneficiary is imprisoned for a crime that carries a sentence of over one month;

i. The Beneficiary is committed to an institution by court order for a crime committed because of mental impairment;

j. Custody of a child beneficiary changes, or a child is adopted;

k. The Beneficiary is a child, including a stepchild, and the parents’ divorce;

l. The Representative Payee can no longer provide Representative Payee services; or

m. The Beneficiary no longer needs a Representative Payee.

2.2.8.2 At least 30 calendar days prior to the Beneficiary leaving a SACU Home (or if discharge is planned for a date with less than 30 days advance notification), upon notification by ODHS, the Representative Payee shall participate in discharge planning with the appropriate parties, including the Beneficiary, to coordinate Representative Payee duties (including any transition to a successor Representative Payee and transfer of the Beneficiary’s accounts held by the Representative Payee) following discharge of the Beneficiary from SACU. The Representative Payee issue shall be initiated by the Representative Payee with the Beneficiary and others prior to the Beneficiary leaving the SACU Home.

Unless specifically provided for by SACU in writing, SACU shall not be responsible for any Representative Payee fees incurred after 30 calendar days of the Beneficiary leaving the SACU Home.

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2.2.8.3 The Representative Payee must report the following additional events for an SSA and or SSI Beneficiary:

a. The Beneficiary moves to or from a hospital, nursing home, or other institution;

b. A married Beneficiary separates from a spouse, or they begin living together after a separation;

c. Somebody moves into or out of the Beneficiary’s household;

d. The Beneficiary has any change in income or resources; or

e. Countable resources exceed $2000 ($3000 for a couple).

2.2.8.4 The Representative Payee must report the Beneficiary’s financial information to ODDS and SACU when requested.

SECTION 3: SOLICITATION PROCESS

3.1 PUBLIC NOTICE

3.1.1 This RFP, including all amendments and attachments, is published in the OregonBuys eProcurement system at: https://oregonbuys.gov. RFP documents will not be mailed or emailed to prospective Proposers by ODHS, ODDS, nor the SPC. All RFP documents must be obtained through the OregonBuys system.

3.1.2 Modifications, if any, to this RFP will be made by written Addenda published in OregonBuys. The Proposer is solely responsible for checking OregonBuys to determine whether any amendments to the RFP have been issued. Addenda are incorporated into this RFP Document by this reference.

3.2 OREGONBUYS E-PROCUREMENT SYSTEM

3.2.1 OregonBuys replaced the ORPIN system of procurement for the State of Oregon and is now the official portal for procurement of services and supplies. OregonBuys is publicly available for review of purchasing and supplying opportunities, and satisfies legal requirements for public posting and notification of potential purchasing opportunities with the State.

3.2.2 Potential Proposers do not need to be registered in OregonBuys to view portions of the RFP. However, a Proposer must be registered to submit a Proposal.

3.2.3 Applicant and other vendor “Help Desk” assistance for OregonBuys is available at:

1 (855) 800-5046. Or via email at: suppliersupport@periscopeholdings.com.

3.2.4 Selected OregonBuys Terminology

Some relevant terms and their meanings:

• ‘Amendment’ or ‘Amendment to a Bid’ means the same as an Addenda or Addendum to a Request for Proposal;

• ‘Bid’ or ‘Bid Solicitation’ means the same as the Request for Proposal document

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• ‘Quote’ means the response to a Bid or Bid Solicitation, in this case, the response to the Request for Proposal.

• ‘Seller’ or ‘Supplier’ means the Proposer

3.3 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

3.4 PROPOSERS QUESTIONS AND REQUESTS FOR CLARIFICATION

3.4.1 All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

3.4.1.1 Be delivered to the SPC via email;

3.4.1.2 Reference the OregonBuys number for this RFP: S-10000-00001153

3.4.1.3 Identify Proposer’s name and authorized representative’s contact information;

3.4.1.4 Be sent by the authorized representative;

3.4.1.5 Refer to the specific area of the RFP being questioned (i.e., page, section and paragraph number); and

3.4.1.6 Be received by the SPC as described in subsection 1.4 “Schedule.”

3.4.2 All inquiries received by the SPC from Proposers and Potential Proposers shall be posted in OregonBuys for the benefit of all who consider proposing, unless determined by ODHS to not be in the best interests of the State or to the Proposer.

3.5 SAMPLE CONTRACT EXCEPTIONS

3.5.1 Proposer may review Attachment A “ Sample Contract” and may note exceptions.

Proposer must submit those exceptions to the SPC as described in subsection 3.4

“Proposer Questions and Requests for Clarification”. Proposer may take exception to the terms and conditions of Attachment A “Sample Contract,” except those listed as non-negotiable in subsection 3.17 “Contract Negotiations.”

3.5.2 ODHS may request legal review of the Proposer’s contract exceptions request. The SPC will provide a response to the Proposer’s exception request, which may include some or all of the legal advice received. Proposer’s contract exceptions request will not be published OregonBuys. If ODHS finds the Proposer qualified during the Proposal evaluation process (section 3.12 “Evaluation of Proposer and

Proposal”) and enters Contract negotiations with the Proposer, the exceptions request may be used in those negotiations.

3.5.3 Unless ODHS agrees to the exceptions and modifies any of the Sample Contract terms and conditions, ODHS intends to enter a Contract with the successful Proposers substantially in the form set forth in Attachment A “Sample Contract.”

3.6 SOLICITATION PROTESTS

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3.6.1 Protest of the RFP

Proposer may submit a written protest of anything contained in this RFP, including but not limited to, the RFP process, Scope of Work, or the Sample Contract’s terms and conditions.

This is Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Addenda as provided below.

3.6.2 Protests to Addenda

Proposer may submit a written protest of anything contained in the respective Addendum.

Protests to Addenda must be submitted by the date and time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

3.6.3 All solicitation protests must:

3.6.3.1 Be delivered to the SPC via email;

3.6.3.2 Reference the OregonBuys number for this RFP: S-10000-00001153

3.6.3.3 Identify prospective Proposer’s name and the authorized representative’s contact information;

3.6.3.4 Be sent by an authorized representative;

3.6.3.5 State the reason for the protest, including:

o the grounds that demonstrate how the procurement process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based;

3.6.3.6 State the proposed changes to the RFP provisions or other relief sought;

3.6.3.7 Be received by the due date and time identified in the subsection 1.4

“Schedule”; or

3.6.3.8 Be received by the due date and time identified in the respective Addendum.

3.7 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason.

A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

3.7.1 Delivery through OregonBuys

Proposal submission should be electronically through OregonBuys. at: OregonBuys.gov

Detailed instructions on how to submit a Proposal, referred in OregonBuys as a “Supplier Bid Solicitation Response,” can be found at:

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3.7.2 Delivery by Email

A Proposal Package may be delivered to the SPC by email at the email address listed on the Cover Page. The OregonBuys RFP number (S-10000-00001153) must be stated in the email Subject Line. Proposer is responsible for ensuring the email and the email attachment(s) are Proposer’s complete Proposal and contain all the required documents as listed in subsection 4.2 “Proposal Requirements”. Proposal Packages sent by email to an address other than the SPC’s email will be non-Responsive.

Refer to subsection 3.12.1 “Responsiveness and Responsibility Determination.”

The date and time the email is received by the SPC will be the official date and time for receipt of the Proposal. Proposals delivered by email to the SPC will remain unopened until the RFP Closing date and time. The SPC will reply to the Proposer’s email to confirm the receipt of the email and attachments.

3.7.3 Delivery through Mail or Parcel Carrier

A Proposal Package may be delivered through the US Postal Service or via commercial parcel carrier and must be in a sealed envelope, package or box. The outside of the sealed submission must be clearly labeled, identifying the Proposer’s name and the OregonBuys RFP number (S-10000-00001153). It must be sent to the attention of the SPC at the address listed on the Cover Page of this RFP Document. Proposer is responsible for ensuring the sealed Proposal is Proposer’s complete Proposal and contains all the required documents as listed in subsection 4.2 “Proposal Requirements.”

3.8 PROPOSAL MODIFICATION OR WITHDRAWAL

3.8.1 If a Proposer wishes to make modifications to a Proposal received by the SPC, the Proposer may submit its modification using one of the methods listed in subsection 3.7 “Proposal Delivery Options.” To be effective, the notice of modification must include the RFP number (S-10000-00001153), must be sent and or signed by an authorized representative, and must be submitted to the SPC prior to the RFP Closing date and time.

3.8.2 If a Proposer wishes to withdraw a Proposal received by the SPC, Proposer must submit an email notice to the SPC prior to the RFP Closing with Proposer’s intent to withdraw the Proposal in accordance with OAR 125-247-0440. To be effective the notice must include the RFP number and be sent by an authorized representative.

3.9 PROPOSALS DUE

3.9.1 A Proposal and all required submittal items (Proposal Packet) must be received by the SPC on or before the RFP Closing date and time. All Proposal modifications or withdrawals must be received by the SPC prior to Closing.

3.9.2 A Proposal received after Closing is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed, at the discretion of the SPC.

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3.9.3 If a Proposal is delivered by email, the date and time the email is received by the SPC will be the official date and time of receipt of the Proposal. The SPC will confirm by email the receipt date and time with the Proposer.

3.9.4 If ODHS receives only one Proposal, ODHS may dispense with the evaluation process and Intent to Award protest period and proceed with Contract negotiations and award.

3.10 PUBLIC OPENING

There will be no public opening of Proposal Packages. After Closing, the SPC will open the emails, packages, and reconcile Proposals submitted in OregonBuys, and record the names of Proposers. Proposer’s names will be made available upon the SPC’s receipt of an email request. Proposals received will not be available for inspection until after the review and evaluation process has been completed and the notice of Contract award has been issued.

3.11 PROPOSAL REJECTION

ODHS may reject a Proposal Package for any of the following reasons:

3.11.1 Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

3.11.2 Proposer has liquidated and has delinquent debt owed to the State or any department or agency of the State.

3.11.3 Proposer fails to meet the responsibility requirements of ORS 279B.110.

3.11.4 Proposer makes any inappropriate contact regarding this RFP with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

3.11.5 Proposer attempts to influence a member of the Evaluation Committee.

3.11.6 The Proposal is conditioned on ODHS’ acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Addenda.

3.12 EVALUATION OF PROPOSER AND PROPOSAL

3.12.1 Responsiveness and Responsibility Determination

3.12.1.1 Responsiveness Determination

A Proposal received prior to the Closing date and time will be reviewed to determine if it is Responsive to all RFP requirements including compliance with the qualifications and submission requirements sections. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the

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Proposal non-Responsive, the Proposal may be rejected; however, ODHS may waive mistakes in accordance with OAR 125-247-0470.

3.12.1.2 Responsibility Determination

ODHS will determine if an apparent successful Proposer is Responsible prior to award and execution of a Contract. The successful Proposer will submit a signed Attachment G “Responsibility Inquiry” form within five business days of receipt of the Intent to Award notice.

At any time prior to the actual awarding of a Contract, ODHS may reject a Proposer found to be not Responsible.

3.12.2 Evaluation Committee

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and ODHS may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below up to the maximum points available in the Point and Score Calculations subsection.

3.12.3 Proposal Clarification

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

3.12.4 Standards for Awarding Points

The following standards and definitions will be used by the Evaluation Committee to assign points for the Evaluation Criteria, except the Price Proposal. Each evaluator will assign a maximum of 10 points for each evaluation criterion based on the evaluator’s experience and expertise with the Work and the subject matter.

Points for the Price Proposal will be assigned as described in subsection 3.12.6

“Price Evaluation.”

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Standard Definition

Outstanding

10 Points

Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

Very Good

7 to 9 Points

Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

Adequate

4 to 6 Points

Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

Fair

1 to 3 Points

Response meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

No Value

0 Points

An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

3.12.5 Evaluation Criteria

3.12.5.1 Key Persons (refer to subsection 4.3.1) (0 to 10 points)

• How well do the Key Persons’ qualifications and experience fulfill the requirements of this RFP?

• How well does the Key Persons’ experience contribute to a successful implementation plan?

3.12.5.2 Representative Payee Qualifications (refer to subsection 4.3.2) (0 to 10 points)

• Is Proposer authorized by the SSA to be a Qualified Organizational Representative Payee?

• How well does the Proposer describe Proposer’s plan to maintain its good standing with SSA?

• How well will Proposer’s plan meet the needs of ODDS and SACU for being a Qualified Representative Organizational Payee?

3.12.5.3 Implementation Plan (refer to subsection 4.3.3) (0 to 10 points)

• How well does Proposer’s implementation plan meet the needs of ODDS and

SACU?

• How well does the Proposer demonstrate understanding of ODDS and SACU’s roles?

3.12.5.4 Operational Plan (refer to subsection 4.3.4) (0 to 10 points)

• How well does the Proposer describe Proposer’s plan for the day-to-day operations?

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• How well does the Proposer’s operation plan ensure timely notifications to SSA, ODDS and or SACU?

• How well does Proposer’s plan for coordinating with ODDS and SACU staff meet the needs of ODDS, SACU, and the Beneficiary for discretionary spending?

3.12.5.5 Reporting and Recordkeeping (refer to subsection 4.3.5) (0 to 10 points)

• How well does the Proposer describe Proposer’s plan for accurate financial records?

• How well does the Proposer describe Proposer’s methods for meeting SSA, ODDS, and SACU requirements?

3.12.6 Price Evaluation (subsection 4.3.6 “Price Proposal”) (0 to 10 points)

3.12.6.1 The SPC will calculate the points for item 1 in Attachment D “Price Proposal.”

Ten is the maximum number of points for item 1.

3.12.6.2 Points for a proposed fee will be assigned based upon the percentage of the proposed fee as compared to the lowest proposed fee for the item using the following formula. The result will be the total points for the Proposer’s Price Proposal.

The lowest proposed fee for the item will be divided by the fee being scored. The result will be multiplied by 10 points for the total points for the item. Decimal points will be rounded up to the next whole number.

Example:

10.00 ÷10.00 = 1 X 10 points = 10 points

Lowest price for the item divided by the item being scored equals times Points possible for the item equals Total points for the item

3.12.6.3 No points will be assigned for item 2 on Attachment D “Price Proposal.”

ODHS will use this information in the Contract negotiations.

3.13 POINT AND SCORE CALCULATIONS

Scores are the point values assigned by each Evaluator to the criterion in subsection 3.12.5

“Evaluation Criteria.” Price Proposal points will be assigned as described in subsection

3.12.6 “Price Evaluation.” The maximum possible points for each criterion are listed in the table below.

The SPC will calculate the average of the points assigned by the Evaluation Committee by dividing the total points assigned for each criterion by the number of members. Price Proposal points will not be averaged.

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The average criterion points will be added together for a total score for a Proposer. Possible criterion scores are as follows:

Criteria Score

3.11.5.1 Key Persons (4.3.1) 10

3.11.5.2 Qualified Organizational Representative Payee Qualifications (4.3.2)

3.11.5.3 Implementation Plan (4.3.3) 10

3.11.5.4 Operational Plan (4.3.4) 10

3.11.5.5 Reporting and Recordkeeping (4.3.5) 10

3.11.6 Price Proposal (4.3.6) 10

TOTAL PROPOSAL SCORE 60

3.14 RANKING OF PROPOSERS

The SPC will determine the rank order for each respective Proposal and Proposer from the total scores, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

The SPC will rank all Proposers at the conclusion of the evaluation and scoring and may, in ODHS’ sole discretion, determine an apparent successful Proposer with no additional rounds of competition.

If additional rounds are conducted, ODHS will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process. ODHS will describe the rank order for each Proposer, at the end of each round, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

3.15 AWARD NOTIFICATION PROCESS

3.15.1 Award Consideration

ODHS will issue an Intent to Award Notice to the highest-ranked Responsible Proposer and will enter Contract negotiations with this Proposer.

If additional Contracts are required to meet the need or demand for Qualified Organizational Payee services, ODHS may award Contracts to lower-ranked Proposers, in order of rank, highest to lowest, and may enter into Contract negotiations with the lower-ranked Proposers. ODHS may continue Contract awards until, as determined by ODHS, SACU’s Beneficiary need or demand for Payee services has been met, or ODHS’ total funds for the initial Contracts has been obligated.

ODHS may make concurrent awards and conduct simultaneous or serial Contract negotiations with Proposers. ODHS may award less than the full Scope of Work defined in this RFP.

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3.15.2 Intent to Award Notice

ODHS will notify all Proposers in writing and in OregonBuys that ODHS intends to award Contracts to the selected Proposers subject to successful negotiation of any negotiable provisions.

If ODHS receives only one Proposal, ODHS may dispense with the evaluation process and Intent to Award protest period and proceed with Contract negotiations and award.

3.16 INTENT TO AWARD PROTEST

3.16.1 Protest Submission

An Affected Proposer will have seven calendar days from the date of the Intent to Award notice to file a written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

3.16.1.1 All higher ranked Proposals are non-Responsive.

3.16.1.2 ODHS has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

3.16.1.3 ODHS abused its discretion in rejecting the protestor’s Proposal as non- Responsive.

3.16.1.4 ODHS’ evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

3.16.2 Intent to Award protests must:

3.16.2.1 Be delivered to the SPC via email;

3.16.2.2 Reference the OregonBuys RFP number: S-10000-00001153

3.16.2.3 Identify Proposer’s name and contact information;

3.16.2.4 Be signed by an authorized representative;

3.16.2.5 Specify the grounds for the protest; and

3.16.2.6 Be received within seven calendar days of the Intent to Award notice.

3.16.3 Response to Protest

ODHS will address all timely submitted protests within a reasonable time and will issue a written decision to the respective Proposer. Protests that do not include the required information may not be considered by ODHS.

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3.17 CONTRACT NEGOTIATIONS

3.17.1 After selection of a successful Proposer, ODHS may enter Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of Attachment A

“Sample Contract,” except for those terms and conditions listed below for negotiation.

3.17.2 It may be possible to negotiate some provisions of the final Contract; however, ODHS is not required to make any changes and many provisions cannot be changed.

Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Therefore, ODHS will consider the scope of requested exceptions in the evaluation of Proposals.

3.17.3 Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

3.17.4 ODHS is willing to negotiate the Statement of Work and the following terms and conditions:

• Payment Provisions

• Pricing

3.17.5 ODHS designates the following items as non-negotiable:

• Choice of law;

• Choice of venue;

• Constitutional requirements;

• Requirements of applicable federal and State law.

3.17.6 Thirty calendar days after the end of the Intent to Award protest period, if the parties have not reached mutually agreeable Contract provisions, ODHS may terminate negotiations and begin negotiations with the next highest ranked Proposer.

3.18 ADDITIONAL ROUNDS

At the conclusion of a round of competition, ODHS may choose to conduct additional round(s) of competition, if in the best interest of the ODHS, in accordance with previously established processes as defined by ODHS and the Department of Administrative Services. Additional rounds of competition may consist of, but will not be limited to:

• Establishing a competitive range

• Interviews

• Presentations

• Demonstrations

• Additional submittal items

• Serial or simultaneous negotiations

• Best and final offers.

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3.19 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer who is selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

3.19.1 Insurance

Prior to Contract execution, Proposer will secure and demonstrate to ODHS the proof of insurance as required in this RFP. Insurance Requirements are found in Exhibit C of Attachment A “Sample Contract.”

3.19.2 Taxpayer Identification Number

Proposer will provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by ODHS or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

Proposer will provide its Taxpayer Identification Number (TIN) on a completed Contractor Tax Identification Information (“CTII”) form if either of the following applies:

• When requested by ODHS in a notice of award, or

• When requested by ODHS at Contract signing.

3.19.3 Business Registry

If selected for award, Proposer will be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following internet site: http://www.filinginoregon.com/index.htm.

3.19.4 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer will submit to ODHS a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

3.19.5 Nondiscrimination in Employment

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As a condition of receiving the award of a Contract…