S-10000-00011335~2.pdf

S-10000-00011335 (5936) VFINAL#3/K. McKenzie DAS Procurement Services, Version 4.5 March 31, 2023. Page 1 of 24

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF HUMAN SERVICES

By and through its Office of Aging and People with Disabilities

Is issuing this Request For Application (RFA) under OregonBuys Bid Number S-10000-00011335 for

NURSING FACILITY CLIENT CARE SURVEYORS

Date of Issue: December 23, 2024

Opening Date and Time: March 14, 2025

Single Point of Contact (SPC): Kathy McKenzie, Procurement Specialist

Address: 500 Summer St. E-03

City, State, Zip Salem, OR, 97301

Phone (voice) (503) 979-3757

Fax (503) 378-4324

E-mail: kathy.j.mckenzie@odhsoha.oregon.gov

You can get this document in other languages, large print, braille, or a format you prefer free of charge. Contact the Single Point of Contact (SPC) at the contact information found above. We accept all relay calls.

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 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OREGONBUYS TERMINOLOGY

2.4 OREGONBUYS RESOURCES:

2.5 OVERVIEW AND PURPOSE

2.6 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: APPLICATION REQUIREMENTS

3.1 REQUIREMENT FOR IMMEDIATE NEED

3.2 MINIMUM QUALIFICATIONS

3.3 MINIMUM SUBMISSION REQUIREMENTS FOR IMMEDIATE NEED

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-APPLICATION CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 APPLICATION DELIVERY OPTIONS

4.6 APPLICATION MODIFICATION OR WITHDRAWAL

4.7 APPLICATION DUE

4.8 PUBLIC OPENING

4.9 APPLICATION REJECTION

4.10 APPLICATION EVALUATION PROCESS

4.11 ADDITIONAL ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFA; REJECTION OF APPLICATION; NO DAMAGES

6.6 COST OF SUBMITTING AN APPLICATION

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LIST OF ATTACHMENTS

ATTACHMENT A “APPLICANT INFORMATION AND CERTIFICATION SHEET”

ATTACHMENT B “MINIMUM QUALIFICATION”

ATTACHMENT C “TECHNICAL RESPONSE”

ATTACHMENT D “DISCLOSURE EXEMPTION AFFIDAVIT”

ATTACHMENT E “RESPONSIBILITY INQUIRY”

ATTACHMENT F “REFERENCES”

ATTACHMENT G “CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT H “SAMPLE CONTRACT”

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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”) and its Office of Aging and People with Disabilities, (“APD”) referred to individually or collectively as (“Agency”), is issuing this Request for Applications (“RFA”) for immediate need of Nursing Facility Client Care Surveyors to join our Nursing Facility Survey Unit. Applicants shall be required to serve the whole state of Oregon. This work is mostly remote, but may also require in office work at one of the following locations:

• Salem – 500 Summer St. NE Salem, Oregon; and

• Tigard – 10775 SW Cascade Ave. Tigard Oregon.

Applicants shall be expected to already have all licensures necessary to complete this Work described further in Section 2.6, “Scope of Work/Specifications,” and Section 3.2 “Minimum Qualifications.”

Agency anticipates the award of multiple Contracts to qualified Applicants from this RFA to adequately meet the needs of the State of Oregon. Agency makes no guarantee that any Contracts will be awarded or that any services will be scheduled and performed under any resulting Contract.

The term of the initial Contract is anticipated to be up to three (3) years. Agency reserves the right to extend this time frame depending on the need of the Nursing Facility Survey Unit and available funding.

Additional details on the Scope of the goods or services or both are included in the section 2.6 “Scope of Work/Specifications.”

Applications will be reviewed by ODHS on a ‘rolling’ basis, the first opening shall begin on Friday at 3:00 PM PST, after the first Application is submitted. Subsequent Openings, reviews and evaluations shall occur weekly after the first Application opening, on Fridays after 3:00 PM PST, until the close of this RFA. The review process shall be the same regardless of the Opening date.

ODHS reserves the right to close this RFA sooner than the date listed on the Cover Page depending on the needs of the Agency.

To submit an Application for this RFA, all Applicants must be registered with the OregonBuys eProcurement system. Applications will only be accepted electronically through OregonBuys consistent with Section 4.5. Registration with OregonBuys is not required to view the Solicitation document, but you must be registered to submit an Application. No manual or hard-copy Applications will be accepted.

1.2 SCHEDULE

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

All dates listed are subject to change. N/A denotes that event is not applicable to this RFA.

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Event Date Time

Final Opening Date March 14, 2025 3:00 PM

Questions or requests for clarification

Questions or requests for clarification shall be submitted by email to the SPC listed on the Cover Page, and as described in Section 4.3, and will be accepted up to 30 calendars days prior to the RFA closing date.

Answers to Questions / Requests for Clarification Issued (approx.)

The SPC will answer questions or requests for clarification within ten

(10) business days.

Application review and Evaluation will occur weekly after the first Application is received (approximately)

Every Friday after 3:00 PM.

Opening (Application Due) See RFA cover page

Application Interviews, if needed To be determined

1.3 SINGLE POINT OF CONTACT (SPC)

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

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFA pursuant to its authority under ORS 279A.050, and OAR 125-246- 0170(2); in accordance with “Class Special Procurement: Request for Application” (SP 826- 16/REQ-DA SOBO-00019979), as amended; and DAS Delegation 649-11/REQ-10000- 00020921, as amended.

2.2 DEFINITION OF TERMS

For the purposes of this RFA, capitalized words are defined in OAR 125-246-0110 or as defined below.

2.2.1 “Alpine Systems” or “ASPEN” or “ACTS” – means the designated computer system used by Nursing Facility Client Care Surveyors.

2.2.2 “Applicant” means any entity serving Oregonians who submits an Application in response to this RFA.

2.2.3 “Application” means a response to this RFA submitted through OregonBuys by the Applicant. Application is used interchangeably with Application Packet.

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2.2.4 “Centers for Medicare and Medicaid Services Training Courses” or “CMS” or “QSO-24-13” – means that all contracted surveyors are required to meet the same training requirements as state surveyors and must use the QSEP platform which allows ODHS to access, verify, and monitor training progress. (Refer to Subsection 3.2.2.1)

2.2.5 “Internet Quality Improvement Education System” or “IQIES” – means the designated computer system replacing the current Alpine System.

2.2.6 “Key Persons” for this RFA can include, but not limited to the Applicants supervisor, manager, staff or individual.

2.2.7 “Long-Term Care Survey Process” or “LTCSP” means a required survey process where surveyors make observations, conduct interviews, and review records to ensure a Nursing Facility is compliant with their agreements of participation.

2.2.8 “Nursing Facilities” – means as described in Oregon Administrative Rule (OAR) Chapter 411, Division 085, 086, 087, 088, 089, and 090.

2.2.9 “Nursing Facility Client Care Surveyors” or “NFCCS” - means the interdisciplinary healthcare professionals who are trained and certified by CMS to conduct federally mandated certification and complaint surveys for all Oregon’s Nursing Facilities.

2.2.10 “Nursing Facility Survey Unit” or “NFSU” means the designated State Agency within APD that is contracted with CMS to conduct all Nursing Facility licensing actions, provide oversight and conduct all surveys for Oregon’s Nursing Facilities.

2.2.11 “Principles of Documentation” means as defined in the following CMS Regulations and Guidance document; refer to https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/downloads/som107_exhibit_007a.pdf .

2.2.12 “RFA” means Request for Application.

2.2.13 “Survey Skills Review” or “SSR” means the assessment which is comprised of a 4-hour exam.

2.2.14 “Surveyor Minimum Qualification Test” or “SMQT” means the certification tests a NFCCS must take and pass once they completed all CMS Training Courses.

2.3 OREGONBUYS TERMINOLOGY

Terminology specific to the OregonBuys electronic procurement system follows.

2.3.1 An “Amendment” is a change or addition to a Bid Solicitation. An Amendment to a Bid Solicitation is the same as an Addendum to a Request for Applications (RFA).

OregonBuys modifications, if any, to this RFA will be made by written Amendment(s). Intent to Award notices will be posted as Amendments to the Bid Solicitation.

2.3.2 The “Attachments” described in subsection 3.2 of this RFA are Attachments in https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/downloads/som107_exhibit_007a.pdf https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/downloads/som107_exhibit_007a.pdf

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OregonBuys. These Attachments must be downloaded from OregonBuys in addition to this RFA Document.

2.3.3 “Bid” or “Bid Solicitation” means the same as RFA. This Bid Solicitation Number S-10000-00010733 is the Agency’ RFA requesting qualified Vendors to provide Nursing Facility Client Care Surveyor Services.

2.3.4 “Bid Availability Date” means the date and time the Bid Solicitation will be visible in OregonBuys for vendors to respond.

2.3.5 “Bid Opening Date” means the date and time after which vendor Applications will no longer be accepted in OregonBuys.

2.3.6 A “Quote” is a Vendor’s response to a Bid Solicitation. The Vendor submits a Quote in OregonBuys using the Attachment documents provided by Agency in OregonBuys.

2.3.7 “Vendor” refers to the public or private entity that registers in OregonBuys to respond to Bid Solicitations or view awarded Contracts and agreements.

2.4 OREGONBUYS RESOURCES:

If the below-links are not an option, obtain the information through the Vendor Help Desk by phone or email, or contact the SPC.

2.4.1 For Assistance with OregonBuys (Vendor Help Desk):

Email: suppliersupport@periscopeholdings.com

Phone: 1-855-800-5046.

2.4.2 For information on how to register as a Vendor in OregonBuys:

https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationQuickSteps.pdf.

2.4.3 For guidelines on how to find an open or closed Bid Solicitation in OregonBuys:

https://www.oregon.gov/das/ORBuys/Documents/How%20to%20advance%20search%2 0in%20OregonBuys.pdf

2.4.4 Detailed instructions on how to submit an Application (“Quote”) in OregonBuys:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal% 20Solicitation%20Response.pdf

2.5 OVERVIEW AND PURPOSE

2.5.1 Agency Overview and Background

APD supports Oregon’s older adults and people with disabilities. These supports help mailto:suppliersupport@periscopeholdings.com https://www.oregon.gov/das/ORBuys/Documents/How%20to%20advance%20search%20in%20OregonBuys.pdf https://www.oregon.gov/das/ORBuys/Documents/How%20to%20advance%20search%20in%20OregonBuys.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

DAS Procurement Services, Version 4.5 March 31, 2023. Page 8 of 24 individuals maintain their independence, promote safety, wellbeing, honor choice, respect cultural preferences and uphold dignity. APD is one of the leading voices advocating for seniors and person with disabilities in Oregon.

This Agency provides direct services to more than one (1) million Oregonians each year.

These services are a key safety net for those in our society who are most vulnerable or who are at a difficult place in their life.

The NFSU is a program within APD’s Safety, Oversight, and Quality Unit (SOQ) who provide Oregon’s Nursing Facilities with the regulatory oversight to ensure resident safety and well-being through collaboration, competency, and professionalism.

These Oregon Nursing Facilities that participate in the Medicare and Medicaid programs are inspected by the NFSU on an annual basis to ensure compliance with all state (refer to OAR Chapter 411, Divisions 73, and 85 through 89) and federal regulation standards.(refer to 42 CFR 483 and 485.)

2.5.2 Purpose

The Agency has experienced turnover and shortages in the Client Care Surveyors which has resulted in an immediate need for these services. The outcome-based Contracts ODHS will execute with qualified Applicants will have the requirement to conduct certifications, recertifications, and complaints surveys as outlined within the CMS State Operations Manual using Aspen Software and the LTCSP tool, as described in the CMS website available here:

https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/Internet-Only- Manuals-IOMs-Items/CMS1201984?DLPage=1&DLSort=0&DLSortDir=ascending. This work will be processed independently or as a team.

Agency is looking to add healthcare professionals who have been fully trained and certified by the CMS to conduct federally mandated, complaint investigations, and certification surveys. These healthcare professionals shall determine compliance with requirements for Nursing Facilities (“NFs”) (42 CFR 485) participating in the Medicare and Medicaid programs and who are licensed in the State of Oregon per the following Federally required acts: Omnibus Budget Reconciliation Act (OBRA) of 1987; the Social Security Act, Sections 1819(g)(2)(C)(ii), 1819(g)(2)(E)(iii), 1919(g)(2)(C)(ii), and 1919(g)(2)(E)(iii);, and specifically the State Operations Manual Chapters 5 , and Chapter 7.

If Applicant is awarded a Contract, Applicant must complete an in-person orientation, and trainings that includes, but not limited to the following: ODHS core values, Equity North Star, Senate Bill 99, and the more stringent Oregon Administrative Rules.

2.6 SCOPE OF WORK/SPECIFICATIONS

The following Services in this Section 2.6 “Scope of Work/Specifications” are non-negotiable and must follow all State and Federally required processes. Any change to the Scope of Work will be made by the Agency via an Amendment to the awarded Contract, affecting all parties.

2.6.1 CMS State Operations Manual.

Applicant shall conduct recertifications and complaints surveys in accordance with Nursing Facilities OAR’s and the State Operation Manual, using the LTCSP tool, to include the

DAS Procurement Services, Version 4.5 March 31, 2023. Page 9 of 24 following:

2.6.1.1 Write citations and/or comments on Form 2567 in the Aspen or the IQIES System;

2.6.1.2 Update complaint information;

2.6.1.3 Review and revise Form 2567 as needed; and

2.6.1.4 Survey documents turned into the electronic file within ten (10) business days.

2.6.2 SMQT Certified Surveyors.

Surveyors shall conduct and complete the following:

2.6.2.1 Three (3) to six (6) recertifications per month;

2.6.2.2 Conduct complaint events as assigned; and

2.6.2.3 Respond timely to incoming complaints.

2.6.3 Reporting:

Surveyors shall submit monthly, quarterly and annual reports that include, but aren’t limited to, the following:

2.6.3.1 Total number of survey activities completed for the previous month or year;

2.6.3.2 The number of recertification surveys conducted;

2.6.3.3 The number of complaint surveys conducted;

2.6.3.4 The total number of hours worked by the NFCCS; and

2.6.3.5 The total travel expenses of the NFCCS.

SECTION 3: APPLICATION REQUIREMENTS

To be considered for evaluation, Application must demonstrate how Applicant meets all requirements of this Section 3 and all other requirements set forth in the RFA.

3.1 REQUIREMENT FOR IMMEDIATE NEED

3.1.1 Application Format and Quantity

3.1.1.1 Application shall follow the format and reference the sections listed in subparagraph 3.3 “Minimum Submission Requirements for Immediate Need.” Responses for to each element in Attachment B “Minimum Qualification” and Attachment C “Technical Response” should be labeled accordingly to indicate the item being addressed and its response.

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3.1.1.2 Applicant must submit its Application electronically through OregonBuys in accordance with subsection 4.5 “Application Delivery Options.” Applicant shall follow the guidelines outlined in paragraph 2.4.4 “OregonBuys Guidelines” for electronic submission.

3.1.1.3 Applicant shall submit its Application and all submittal requirements formatted in Adobe Acrobat (pdf).

3.1.1.4 If the Applicant believes any of its Application is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Applicant shall complete and submit Attachment D “Disclosure Exemption Affidavit.”

Applicant is also required to include a fully redacted version of its Application, clearly identified as the redacted version. Applicant shall also mark as “Confidential” in OregonBuys all attachments to its Application that Applicant believes are exempt from disclosure.

3.1.1.5 If Applicant does not believe any of its Application is exempt, Attachment D is not necessary and is not required to be submitted as part of the Application.

3.1.2 Content

Application should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Application. Do not include marketing or advertising material in the Application. Application should be straightforward and address the requests of the RFA.

3.1.3 Authorized Representative

Failure of Applicant’s authorized representative to sign the Application (Attachment A “Applicant’s Information and Certification Sheet”) may result in rejection of the Application by ODHS.

3.2 MINIMUM QUALIFICATIONS

All Applicants must meet the following minimum State and Federal training and certification requirements to be eligible for a Contract.

3.2.1 Licensing/Certification Requirements

3.2.1.1 All Qualified Applicants must possess the following:

3.2.1.1.1 Have an active Oregon Registered Nurse (RN) license;

3.2.1.1.2 CMS Qualifications (refer to Section 3.2.2.1below); and

3.2.1.1.3 Be SMQT Certified.

3.2.1.2 The Applicant Supervisor, or Manager must have all of the following items to qualify.

3.2.1.2.1 Be SMQT Certified; and

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3.2.1.2.2 Have an active Oregon Registered Nurse (RN) license from an accredited college or university; with five (5) years of lead work, supervision, or progressively related experience in Nursing Home or Long-Term Care Facility; or

3.2.1.2.3 A Bachelor’s degree with three (3) years of experience in a related field, in a Nursing Home or Long-Term Care Facility.

3.2.1.3 The Applicant’s Staff or NFCCS that will be doing the work must have the following:

3.2.1.3.1 Be SMQT Certified; and

3.2.1.3.2 Have an active Oregon Registered Nurse (RN) license from an accredited college or university; and two (2) years minimum of professional experience in this line of work; or

3.2.1.3.3 A Bachelor’s degree in a health or human service-related field and three

(3) years of experience in areas related to nursing, social work, developmental disabilities, dietetics, nutrition, or sanitation.

3.2.2 Other Requirements Include the following:

It is mandatory that all Applicants must also have the following:

3.2.2.1 CMS Qualifications:

3.2.2.1.1 Eighteen or More Required CMS Training Courses that combined, exceed 240 hours;

3.2.2.1.2 Continued ongoing CMS required trainings and skills testing. Foundational Refresher every 2 years and annual SSR Assessment which is comprised of a 4-hour exam;

3.2.2.1.3 Ability to conduct certifications, recertifications and complaints as outlined with CMS mandated processes independently or with a team.

3.2.2.2 Registered Nursing Qualifications:

3.2.2.2.1 At minimum one (1) RN is required for all certification, recertification surveys, and as needed for complaints;

3.2.2.2.2 Registered Nurses are the only staff allowed to observe resident genitals;

3.2.2.2.3 Registered nurses or a pharmacist conduct the medication administration observational task.

3.2.2.3 General Qualifications:

3.2.2.4 Familiar with the State Operations Manual (SOM) and proficient with the Chapters five (5) and seven (7), and appendix PP; refer to

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3.2.2.5 Have on-the-job participation with a trainer for a minimum of two surveys;

3.2.2.6 Required ability to write legally defensible reports as outlined in the Principles of Documentation;

3.3 MINIMUM SUBMISSION REQUIREMENTS FOR IMMEDIATE NEED

3.3.1 Application Submissions

To be considered for evaluation, Applicant’s Application must contain each of the following elements (further detailed in Application Requirements section below):

3.3.1.1 Attachment A “Applicant’s Information and Certification Sheet,” downloaded from OregonBuys with instructions in paragraph 3.3.3, below;

3.3.1.2 Attachment B “Minimum Qualifications,” a form created by the Applicant in accordance with instructions in paragraph 3.3.4, below;

3.3.1.3 Attachment C “Technical Response,” a form created by the Applicant in accordance with instructions in paragraph 3.3.5, below;

3.3.1.4 If determined by the Applicant to be required, Attachment D “Disclosure Exemption Affidavit,” downloaded from OregonBuys.

3.3.1.5 Attachment E “Responsibility Inquiry,” a mandatory document downloaded from OregonBuys;

3.3.1.6 Attachment F “References,” a mandatory document downloaded from OregonBuys.

3.3.1.7 Attachment G “Certified Disadvantaged Business Outreach Plan”, Is only required if Applicant is a COBID Firm, as defined in Attachment G. Applicant shall download from OregonBuys, if a COBID Firm.

3.3.2 APPLICATION REQUIREMENTS

Applicants Application shall include each of the elements in this section and address each of the items listed below.

3.3.3 Attachment A “Applicant’s Information and Certification Sheet”

Applicant shall download Attachment A from OregonBuys, complete the information requested including the “Purpose” section, sign to certify compliance with the terms and conditions of Attachment A, format as an Adobe Acrobat (.pdf) document, then submit the entire Attachment A as the first element of the Application Packet.

Failure to demonstrate compliance with Oregon Tax Laws and sign Attachment A “Applicant’s Information and Certification Sheet” may result in a finding of non-https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/downloads/som107ap_pp_guidelines_ltcf.pdf https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/downloads/som107ap_pp_guidelines_ltcf.pdf

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Responsive and the Application will not be considered further.

3.3.4 ATTACHMENT B “Minimum Qualifications,”

Attachment B is a form created by the Applicant in accordance with the following.

Once created and complete, Applicant shall format Attachment B as an Adobe Acrobat (.pdf) document and submit Attachment B as the second element of the Application Packet.

(Applicant may have more than one Attachment B depending on Key Persons named.)

Attachment B will be evaluated by ODHS on a ‘pass’ (acceptable)/‘fail’ (not acceptable) basis based on responses to each of the elements in Section 3.2 “Minimum Qualifications,” to determine if the Applicant meets the minimum qualifications as set forth in this RFA subsection 3.2 “Minimum Qualifications.”. If Applicant does not meet these minimum requirements Applicants Applications will not be considered further.

Applicant shall respond to the requirements of this subsection 3.3.4 on a form created by the Applicant, using 12-point Times New Roman font, with reasonable page margins and lines reasonably spaced, with the subparagraph number (3.3.4.2 through 3.3.4.6), the requirement, and its response clearly marked.

3.3.4.1 Applicant shall clearly and prominently display the following at the top of each page of Attachment B:

• “Attachment B Minimum Qualifications”;

• The Applicant’s name;

• A sequential page number relative to Attachment B only (may be in the document footer); and

• “RFA S-10000-00011335.”

• Depending on Applicants Key Persons, Applicant may have more than one (1) Attachment B. (Example: Attachment B Minimum Qualifications-Jane Doe)

3.3.4.2 In accordance with paragraph 3.2.1 “Licensing/Certification Requirements,” and paragraph 3.2.2 “Other Requirements Include the following,” Applicant shall respond to all mandatory requirements to this RFA.

3.3.4.3 In accordance with paragraph 3.21 and 3.2.2, Applicant will identify the Key Persons to be assigned to this project by submitting a current resume (up to two pages) for each person that demonstrates the person’s qualifications and experience for the Work described in this RFA.

3.3.4.4 Key Persons are responsible for directing activities, communicating with Agency, assuring deadlines are met and ensuring the Work is completed and accepted by Agency.

3.3.4.5 Applicant must describe their experience of providing services that are described within this RFA. Applicant will submit Resumes for the Key Persons (Not to exceed two pages each), who will be performing the work under the awarded Contract, as evidence of this experience.

3.3.4.6 If a Key Person position is currently vacant, Applicant shall provide a position

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Applicant will also advise of the hiring process, timelines, and how they will ensure that the new hires shall adequately meet the needs of this RFA and be hired in a timely manner.

3.3.5 ATTACHMENT C “Technical Response,”

Attachment C is a form created by the Applicant in accordance with the following.

Once created and complete, Applicant shall format Attachment C as an Adobe Acrobat (.pdf) document and submit Attachment C as the third element of the Application Packet.

Attachment C will be used by the SPC and ODHS Management Staff as an ODHS Application Review Panel on a ‘pass’ (acceptable)/‘fail’ (not acceptable) basis based on responses to each of the elements listed in this section to determine if the Applicant has met or exceeded the RFA’s Minimum Qualification.

3.3.5.1 Applicant shall respond to the requirements of subparagraph 3.3.5.3 through 3.3.5.5 on a form created by the Applicant, using 12-point Times New Roman font, with reasonable page margins and lines reasonably spaced, with the subparagraph number, the requirement, and its response clearly marked. Applicants Technical Response shall be no more than 10 pages. (The Price Application is not included.)

3.3.5.2 Applicant shall clearly and prominently display the following at the top of each page of Attachment C:

• The Applicant’s name;

• “Attachment C Technical Response”;

• A sequential page number relative to Attachment C only (may be in the document footer); and

• “RFA S-10000-00011335.”

3.3.5.3 Applicant shall respond to the following on Attachment C Technical Response.

Responses to each requirement is limited in length as noted in the requirement description, refer to section 3.3.5.1, above. Responses that exceed those limits will not be evaluated and Applicant will receive no score for that requirement.

3.3.5.4 Regarding the Project Implementation Plan

3.3.5.4.1 Briefly describe how Applicant shall coordinate with ODHS to carry out major activities as listed in this RFA. Illustrate how the plan will serve to coordinate and accomplish the Work.

3.3.5.5 Regarding the Price Application

Price Application is a form created by the Applicant in accordance with the following:

3.3.5.5.1 For the Work described in the Scope of Work, the Price Application must include identifiable costs, time estimates for completing each activity, and

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3.3.5.5.2 The Price Application must include separate line items for all associated Personnel costs including, but not limited to the following: travel expenses, services and supplies, administrative costs and indirect charges and all other costs of providing services; and

3.3.5.5.3 The Price Application must include the following: name and title of all positions for each individual staff person who will perform the Work, and list the salary or wage, and all benefit costs, and indirect costs separately for each such individual.

3.3.5.5.4 ODHS will only reimburse what is allowed per the Oregon Accounting Manual, refer to https://www.oregon.gov/das/Financial/Acctng/Pages/OAM.aspx.

3.3.6 ATTACHMENT D “Disclosure Exemption Affidavit”

Attachment D “Disclosure Exemption Affidavit” is optional based on the Applicant’s own determination.

3.3.6.1 If determined to be needed by the Applicant, Applicant shall download Attachment D from OregonBuys. Once completed, Attachment D, including its Exhibit A, should be formatted into Adobe Acrobat (.pdf), and submitted in OregonBuys as the separate of the Application Packet.

3.3.6.2 If Applicant does not have any information it wishes to exempt, then Attachment D is NOT required to be submitted as part of the Application Packet.

3.3.6.3 Not submitting Attachment D as part of the Application is certifying to ODHS that the Applicant has no information it wishes to exempt, and Applicant has waived any future claims of non-disclosure of information contained in its Application.

3.3.6.4 If Applicant believes information in its Application should be exempt from public disclosure, Applicant will complete Attachment D, including the information on page 3 (Exhibit A) of Attachment D, have the document notarized, and submit the complete form in OregonBuys separate of its Application Packet. Applicant shall also mark as “Confidential” in OregonBuys all attachments to its Application that Applicant believes are exempt from disclosure.

3.3.6.5 If Applicant fails to identify on Exhibit A to Attachment D the portions of the Application that Applicant claims are exempt from public disclosure, or if the form is incomplete, not completed properly, or not notarized, the Application may be considered non-Responsive, and the Application will not be considered further.

3.3.6.6 If Applicant completes and submits Attachment D, a redacted version of the https://www.oregon.gov/das/Financial/Acctng/Pages/OAM.aspx

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Application must also be submitted, clearly identified as the “Redacted Version,” as part of its Application. If Attachment D is received without the additional Redacted Version, the Application will be rejected in its entirety as being “non- Responsive” to the RFA and will not be considered further.

3.3.6.7 Public disclosure of the information included on Exhibit A to Attachment D may depend on official or judicial determinations made in accordance with the Public Records Law.

3.3.7 Attachment E “Responsibility Inquiry”

Applicant shall download Attachment E from OregonBuys, complete the information requested, sign to certify the information included and the terms and conditions of Attachment E, format as an Adobe Acrobat (.pdf) document, then submit the entire Attachment E separate of the Application Packet.

Attachment E will assist ODHS in determining if an Applicant is Responsible prior to execution of a Contract. ODHS may reject an Application found to be not Responsible at any time prior to execution of a Contract.

3.3.8 Attachment F “References”

Provide 3 personal or professional references from current or former client firms for similar projects performed for any clients. References must be able to verify the quality of previous, related Work.

Agency may check to determine if references provided support Applicant’s ability to comply with the requirements of this RFA. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Applicant’s qualifications.

Applicant shall send the Reference Check Form (Attachment F) to its references. Reference forms must be completed by the reference, returned to the Applicant and submitted separate of the Application Packet.

3.3.9 Attachment G “Certified Disadvantaged Business Outreach Plan”

This is only required if Applicant is a Certified Firm, as defined in Attachment G. “Certified Disadvantaged Business Outreach Plan,” must have an equal opportunity to participate in the performance of Contracts and agreements financed with state funds. By applying, Applicant certifies that it has taken, and will take, reasonable steps to ensure that Certified Firms are provided an equal opportunity to compete for and participate in the provision of services or the performance of any subcontracts resulting from this Bid Solicitation.

Applicant must download Attachment G “Certified Disadvantaged Business Outreach Plan,” from OregonBuys and must submit a completed Attachment G in OregonBuys separate of the Application Packet.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

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The RFA and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Applicants.

Modifications, if any, to this RFA will be made by written Amendment(s) published in OregonBuys. Prospective Applicant is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFA by this reference.

4.2 PRE-APPLICATION CONFERENCE

A Pre-Application conference will not be held for this RFA.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.3.1 All Inquiries:

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

• Be delivered to the SPC via, email address on the RFA Cover Page;

• Reference the OregonBuys bid number S#10000-00011335;

• Identify Applicant’s name and contact information;

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

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in “Section 1.2.”

4.3.2 Response to Questions or Requests for Clarification

In most situations, responses will be issued by the SPC within 5 business days.

In some situations, responses or portions of responses to Questions or Requests for Clarification may be published in OregonBuys as an amendment to the RFA for the benefit of all potential and actual Applicants.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFA

Does not apply to this RFA.

4.5 APPLICATION DELIVERY OPTIONS

Applicant is solely responsible for ensuring its Application is received by the SPC in accordance with the RFA 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.

An Application submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFA:

• Delivery through OregonBuys. Application submission should be electronically through https://oregonbuys.gov/

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OregonBuys at: OregonBuys.gov

Detailed instructions on how to submit an Application can be found in Subsection 2.4 “OregonBuys Resources.”

4.6 APPLICATION MODIFICATION OR WITHDRAWAL

If an Applicant wishes to make modifications to a submitted Application, the Applicant must submit its modification in one of the authorized methods listed in Subsection 4.5 “Application Delivery Options”. To be effective the modification must include the OregonBuys bid number S#10000-00011335 and be submitted in OregonBuys prior to the Application Open Date and Time in Subsection 1.2 “Schedule”,’ to the SPC prior to Opening.

If an Applicant wishes to withdraw a submitted Application, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email, prior to the Application Open Date and Time in subsection 1.2 “Schedule,” in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number S-10000- 00011335.

4.7 APPLICATION DUE

4.7.1 Applications will be opened, and reviewed for responsiveness on a ‘rolling’ basis.

The first opening shall occur on Friday at 3:00 PM PST after the first Application is received. Applications received subsequent to the initial opening shall be opened, and reviewed, every Friday after 3 PM PST, until the Final Bid Opening Date and Time as indicated on the Cover Page. (Refer also to subsection 1.2 “Schedule.”)

4.7.2 Due to Applications being reviewed weekly an Application including any modifications or withdrawals must also be received prior to Friday at 3:00 PM, PST or they will be reviewed on the subsequent week’s opening date of Friday at 3 :00

PM PST.

4.7.3 The review process shall be the same regardless of the Opening date. ODHS reserves the right to close this RFA sooner than the date listed on the Cover Page depending on the needs of the Agency.

4.8 PUBLIC OPENING

A public Opening will not be held for this solicitation.

4.9 APPLICATION REJECTION

ODHS may reject an Application for any of the following reasons:

4.9.1 Applicant fails to substantially comply with all prescribed RFA procedures and requirements, including but not limited to the requirement that Applicant’s authorized representative sign the Application.

4.9.2 Applicant has liquidated and delinquent debt owed to the State or any department or agency of the State.

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4.9.3 Applicant fails to meet the responsibility requirements of ORS 279B.110.

4.9.4 Applicant makes any contact regarding this RFA with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

4.9.5 Applicant attempts to influence a member of the ODHS Application Review Panel.

4.9.6 Application is conditioned on Agency’s 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 RFA or Amendment(s).

4.10 APPLICATION EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness Determination

All Applications received will be reviewed to determine if it is Responsive to all RFA requirements, including compliance with Section 3.2 “Minimum Qualifications” and Section 3.3 Minimum Submission Requirements For Immediate Need.”

If the Application is unclear, or if further response is necessary for ODHS to make a determination, the SPC may request clarification from Applicant. However, clarifications may not be used to rehabilitate a non-Responsive Application. If the SPC finds the Application non-Responsive, the Application may be rejected; however, ODHS may waive mistakes in accordance with OAR 125-247-0470.

4.10.1.2 Responsibility Determination

ODHS will determine if an apparent successful Applicant is Responsible prior to award and execution of the Contract. Applicants shall submit a signed Responsibility Inquiry “Attachment E” with Application.

At any time prior to award, Agency may reject an Applicant found to be not Responsible.

4.10.2 Application Review

4.10.2.1 Each Application meeting all Responsiveness requirements will be reviewed by ODHS on a ‘pass’ (acceptable)/‘fail’ (not acceptable) basis based on responses provided by the Applicant on Attachment B “Minimum Qualifications,” for each of the following elements in paragraphs 3.3.4.2 through 3.3.4.6, to determine if Applicant meets the minimum qualifications as set forth in this RFA. If Applicant does not meet these minimum requirements Applicants Application will not be considered further in the RFA process. (Refer to Subsection 3.3.4)

4.10.2.2 Each Applicant(s) meeting the Minimum Qualifications as stated in paragraph 4.10.2.1, above will then move forward in the process to be assessed by SPC and ODHS Management Staff as an ODHS Application Review Panel on a ‘pass’

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(acceptable)/’fail’ (not acceptable) basis based on responses to Attachment C “Technical Response” each of the following elements found in subparagraphs

3.3.5.3 through 3.3.5.5.4, and how those responses meet the needs of the Work identified in Subsection 2.6 “Scope of Work/Specification,” and other requirements of this RFA.

The ODHS Application Review Panel will determine at its sole discretion if the Application Packet meets the needs of the Agency. Applicants whose Application Packets ‘pass’ the Agency’s Application Review Panel will be eligible to enter into Contract negotiations with Agency and may be offered a Contract by the Agency upon completion of the negotiations, however Agency makes no guarantee of Contract award to any Applicant who submits an Application Packet or any amount of work to be performed should the Applicant be awarded a Contract.

4.10.2.3 If more than one Application is passed by the ODHS Application Review Panel, all successful Applicants will be contacted by ODHS, and negotiations will be scheduled to determine work assignments throughout the State of Oregon, by all the successful Applicants.

4.10.2.4 Applicants that receive a ‘fail’ designation will be notified by the SPC and may be eligible to re-apply. If Applicant re-applies, the Application will not be reviewed by ODHS until the next Opening after the Applicants Application is received.

(Refer to Subsection 1.2 “Schedule.”)

4.10.3 PREFERENCES

4.10.3.1 Tiebreakers

If Agency receives Applications identical in price, capacity, and quality of Applicants and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

4.11 ADDITIONAL ROUNDS

If additional rounds are conducted, ODHS will rank advancing Applicants at the conclusion of each subsequent round and may determine an apparent successful Applicant at any time during the solicitation process.

ODHS Reserves the right to carry out additional rounds of competition, such as Interviews, and Bests and Final Offers.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest-ranking Responsible Applicant(s) based upon the scoring methodology and process described in Section 4.10 “Application Evaluation Process.” Agency may award less than the full Scope of Work

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5.1.2 Intent to Award Notice

Agency will notify all Applicants in Writing by amendment in OregonBuys that ODHS intends to award a Contract to the selected Applicant(s) subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

Does not apply to this RFA.

5.3 APPARENT SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS

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

5.3.1 Insurance

Prior to award, Applicant shall secure and demonstrate to Agency proof of insurance as required in this RFA or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

5.3.2 Taxpayer Identification Number

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

5.3.3 Business Registry

If selected for award, Applicant shall 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.

5.3.4 Responsibility Inquiry

Prior to award, Applicant shall be required to complete and submit Attachment E — “Responsibility Inquiry”.

5.3.5 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Applicant employs 50 or more full-time workers, Applicant shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Applicant 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.

http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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

5.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFA, Applicant must certify by its Signature on Attachment A – “Applicant Information and Certification Sheet”, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Applicant, ODHS may enter into Contract negotiations with the successful Applicant. By submitting an Application, Applicant agrees to comply with the requirements of the RFA, including the terms and conditions of the Sample Contract “Attachment H”, with the exception of those terms listed below for negotiation.

Applicant shall review the attached Attachment H “Sample Contract” and note exceptions.

Applicant must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Amendment to notify Applicants of such changes. Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Applicant substantially in the form set forth in Sample Contract “Attachment H”.

Following the selection of the apparent successful Applicant, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, Agency is not required to make any changes and many provisions cannot be changed. Applicant is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

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

Agency is willing to negotiate all items, except those listed below:

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 90 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Applicant.

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SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state Contracts. All interested businesses are encouraged to submit Applications for this contracting opportunity.

6.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business.

Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN= oregon4biz

If the Contract has potential subcontracting…