ODHS/VR RFA S-10000-00016189 – Job Placement Services Addendum 1

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RFP S-10000-00016189 – JOB PLACEMENT SERVICES

ADDENDUM 1

SECTION 1: PURPOSE

The purpose of this addendum is to make a minor correction in the final date and time for corrections or requests for clarification; and to replace Attachment H “Sample Contract” in its entirety.

SECTION 2: MODIFICATIONS

Language to be deleted or replaced is [bracketed and struck through]; new language is underlined and bold.

2.1 Subsection 1.2 “Schedule” of the RFA is hereby is amended, as follows:

Event Date Time

Answers to Questions or Requests for Clarification issued:

(refer to paragraph 7.3.3)

In most situations, within 5 business days of receipt.

Final Questions or Requests for Clarification due:

(refer to paragraph 7.3.2)

December 31, 2031

3:00 PM

Pacific Time

Application reviewed by an ODHS Review Committee:

(refer to section 8)

In most situations, within 30 business days from receipt of the Application in OregonBuys.

Final date for current JPS Contractors to submit an Application to avoid an open gap in Contract coverage. No service can be provided in an open gap.

(refer to subsection 7.5)

January 31, 2027 3:00 PM PST

Final Opening Date and Time (Date and Time after which Applications will no longer be accepted by ODHS or OregonBuys):

(refer to subsection 7.5)

Refer to the RFA cover page

ODHS/VR RFA S-10000-00016189 – Job Placement Services Addendum 1

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2.2 Paragraph 7.3.2 “Final time and date for Questions or Requests for Clarification” of the RFA is hereby amended, as follows:

7.3.2 Final time and date for Questions or Requests for Clarification

Last day for questions or requests for clarification shall be [December 31, 2030] December 31, 2031 at 3:00 PM Pacific Time.

2.3 Attachment H “Sample Contract” of the RFA is hereby deleted and replaced in its entirety, as set forth in Exhibit H “Sample Contract,” attached hereto and incorporated herein by this reference.

SECTION 3: PROTEST

3.1 Prospective Applicants may submit a Written protest of anything contained in this Amendment. Protests to this Amendment, if submitted, must be received by the SPC no later than 5:00 PM PDT on Friday, October 30, 2026, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

3.2 All protests must:

3.2.1 Be delivered to the SPC via email;

3.2.2 Reference the OregonBuys bid number (S-10000-00016189);

3.2.3 Identify prospective Applicant’s name and contact information;

3.2.4 Be sent by the Applicant or an authorized representative;

3.2.5 State the reason for the protest, including:

3.2.5.1 The grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and

3.2.5.2 Evidence or documentation that supports the grounds on which the protest is based; and

3.2.6 State the proposed changes to the RFA provisions or other relief sought.

RFA S-10000-00016189 ATTACHMENT H

SAMPLE CONTRACT Document is not Executable

STATE OF OREGON

PERSONAL/PROFESSIONAL SERVICES CONTRACT

You can get this document in other languages, large print, braille, or a format you prefer free of charge. Contact the Contract Administrator at the contact information found below. We accept all relay calls.

This Contract is between the State of Oregon, acting by and through its Oregon Department of Human Services, hereinafter referred to as “ODHS,” and

Contractor DBA Facility or Assumed Name (if necessary)

Address (If a POB, must also have a street address) City, State, Zip code

Attention: Name Telephone: Phone

Fax: (optional) Email address: Email (Required) hereinafter referred to as “Contractor.”

Work to be performed under this Contract relates principally to ODHS’

Office of Vocational Rehabilitation Services 500 Summer Street NE E-87

Salem, Oregon 97301 Contract Administrator: Name

Telephone: Phone Email address: Email

This Contract provides Job Placement Services (“JPS”) for the Office of Vocational Rehabilitation Services (“VR”) division of the Oregon Department of Human Services (“ODHS”).

ODHS RFA S-10000-00016189 – Job Placement Services (“JPS”) Attachment H

DOCUMENT IS NOT EXECUTABLE SAMPLE CONTRACT

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1. Effective Date and Duration. This Contract shall become effective on the later of: (I) the last date all required signatures in Section 6., below have been obtained, or (II) Contract Begin Date, provided it is (i) signed by all parties on or before such date, and (ii) when required, approved in writing by the Oregon Department of Justice on or before such date, and (iii) when required, approved in writing by the Oregon Department of Administrative Services. Unless extended or terminated earlier in accordance with its terms, this Contract shall expire on Initial Contract End Date. Contract termination shall not extinguish or prejudice ODHS’ right to enforce this Contract with respect to any default by Contractor that has not been cured.

2. Contract Documents.

a. This Contract consists of this document and includes the following listed exhibits and attachments, which are incorporated into this Contract:

(1) Exhibit A, Part 1: Statement of Work

(2) Exhibit A, Part 2: Payment and Financial Reporting

(3) Exhibit A, Part 3: Special Provisions

(4) Exhibit B: Standard Terms and Conditions

(5) Exhibit C: Insurance Requirements

(6) Exhibit D: Federal Terms and Conditions

(7) Attachment A: (Reserved)

(8) Attachment B: (Reserved)

(9) Attachment C: “Employee Roster”

(10) Attachment D: “Employee Qualifications Checklist

There are no other Contract documents unless specifically referenced and incorporated into this Contract.

b. This Contract and the documents listed in Section 2 “Contract Documents”, Subsection a. above, shall be in the following descending order of precedence: this Contract less all exhibits and attachments, Exhibits D, B, A, C, and attachments C and D.

3. Consideration.

a. The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $Total NTE Amount. ODHS will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract for completing the Work and will not pay for Work performed before the date this Contract becomes effective or after the termination or expiration of this Contract. If the maximum compensation is increased by

S-10000-00016189 (6234-0) – v4 / l.thomas Page 3 of 85 ODHS PSK (reviewed by DOJ 8/30/2018) Updated: 4/27/2026 amendment of this Contract, the amendment must be fully effective before Contractor performs Work subject to the amendment.

b. Payments to Contractor shall be subject to ORS 293.462 and shall be made in accordance with the payment schedule and requirements in Exhibit A, Part 2., “Payment and Financial Reporting.”

c. ODHS will only pay for completed Work under this Contract. For purposes of this Contract, “Work” means the tasks or services and deliverables accepted by ODHS as described in Exhibit A, Part 1, “Statement of Work.”

4. Contractor Determination. In accordance with the State Controller’s Oregon Accounting Manual, policy 30.40.00.104, ODHS’ determination is that:

Not applicable Contractor is a contractor

Assistance Listings number(s) of federal funds to be paid through this Contract: 84.125.

(Remainder of page intentionally left blank)

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5. Contractor Information and Certification.

a. Contractor Information. Contractor shall provide the following information upon submission of the signed Contract.

(1) Is Contractor a nonresident alien, as defined in 26 U.S.C. § 7701(b)(1), a foreign person, or a foreign entity? (Check one box): YES NO

(2) Business Designation. (Check one box):

Professional Corporation Nonprofit Corporation Limited Liability Company Partnership Limited Partnership Limited Liability Partnership Sole Proprietorship Corporation

(3) Contractor Proof of Insurance. All insurance listed herein and required by Exhibit C must be in effect prior to Contract execution.

PLEASE PRINT OR TYPE THE FOLLOWING INFORMATION:

Commercial General Liability Insurance Company: _________________________________

Policy #: ______________________________________________ Expiration Date: ________________

Automobile Liability Insurance Company: ___________________________________________

Policy #: ______________________________________________ Expiration Date: ________________

Workers’ Compensation. Does Contractor have any subject workers, as defined in ORS 656.027? (Check one box): YES NO If YES, provide the following information:

Workers’ Compensation Insurance Company: _________________________________________

Policy #: ______________________________________________ Expiration Date: ________________

b. Certification. Without limiting the generality of the foregoing, by signature on this Contract, the undersigned hereby certifies under penalty of perjury that:

(1) Contractor is in compliance with all insurance requirements in Exhibit C of this Contract, and notwithstanding any provision to the contrary, Contractor shall deliver to the ODHS Contract Administrator (see page one of this Contract) the required Certificate(s) of Insurance within 30 days of execution of this Contract. By certifying compliance with all insurance as

S-10000-00016189 (6234-0) – v4 / l.thomas Page 5 of 85 ODHS PSK (reviewed by DOJ 8/30/2018) Updated: 4/27/2026 required by this Contract, Contractor acknowledges it may be found in breach of the Contract for failure to obtain required insurance. Contractor may also be in breach of the Contract for failure to provide Certificate(s) of Insurance as required and to maintain required coverage for the duration of the Contract;

(2) Contractor acknowledges that the Oregon False Claims Act, ORS 180.750 to 180.785, applies to any “claim” (as defined by ORS 180.750) that is made by (or caused by) the Contractor and that pertains to this Contract or to the project for which the Contract work is being performed. Contractor certifies that no claim described in the previous sentence is or will be a “false claim” (as defined by ORS 180.750) or an act prohibited by ORS

180.755. The Oregon Attorney General may enforce the

liabilities and penalties provided by the Oregon False Claims Act against the Contractor, in addition to any remedies that may be available to ODHS under this Contract;

(3) The undersigned is authorized to act on behalf of Contractor and represents and warrants that Contractor has complied with the tax laws of the State of Oregon and the applicable tax laws of any political subdivision of Oregon. Contractor shall, throughout the duration of this Contract and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of Oregon. For the purposes of this Section, “tax laws” includes: (i) All tax laws of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of Oregon that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor; (iii) Any tax provisions imposed by a political subdivision of Oregon that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and (iv) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.

Contractor acknowledges that the Oregon Department of Administrative Services will report this Contract to the Oregon Department of Revenue (DOR). The DOR may take any and all actions permitted by law relative to the collection of taxes due to the State of Oregon or a political subdivision, including: (i)

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or (ii) exercising a right of setoff against Contractor’s compensation under this Contract for any amounts that may be due and unpaid to the State of Oregon or its political subdivisions for which the DOR collects debts;

(4) The information shown in Section 5.a. above is Contractor’s true, accurate and correct information;

(5) To the best of the undersigned’s knowledge, Contractor has not discriminated against and will not discriminate against minority, women or emerging small business enterprises certified under ORS 200.055 in obtaining any required subcontracts;

(6) Contractor and Contractor’s employees and agents are not included on the list titled “Specially Designated Nationals” maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and currently found at: https://www.treasury.gov/resource-center/sanctions/SDN- List/Pages/default.aspx;

(7) Contractor is not listed on the non-procurement portion of the General Service Administration’s “List of Parties Excluded from Federal procurement or Non-procurement Programs” currently found at: https://www.sam.gov/SAM;

(8) Contractor is not subject to backup withholding because:

(a) Contractor is exempt from backup withholding;

(b) Contractor has not been notified by the IRS that Contractor is subject to backup withholding as a result of a failure to report all interest or dividends; or

(c) The IRS has notified Contractor that Contractor is no longer subject to backup withholding; and

(9) Contractor’s Federal Employer Identification Number (FEIN) or Social Security Number (SSN) provided to ODHS is true and accurate. If this information changes, Contractor shall provide ODHS with the new FEIN or SSN within 10 days.

https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.sam.gov/SAM

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CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY ACKNOWLEDGES

THAT CONTRACTOR HAS READ THIS CONTRACT, UNDERSTANDS IT, AND

AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

CONTRACTOR: YOU WILL NOT BE PAID FOR SERVICES RENDERED BEFORE THE

EFFECTIVE DATE OF THIS CONTRACT.

6. Signatures. This Contract and any subsequent amendments may be executed in several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of the Contract and any amendments so executed shall constitute an original.

Contractor Name By:

(Sample Contract – Do Not Sign) Authorized Signature Printed Name

Title Date

State of Oregon, acting by and through its Oregon Department of Human Services By:

(Sample Contract – Will not be signed) Authorized Signature Printed Name

Title Date

Approved by the Oregon Department of Administrative Services:

(Sample Contract – Will not be submitted for approval) Authorized Signature Title Date

Approved for Legal Sufficiency:

(Sample Contract – Will not be submitted for approval) Oregon Department of Justice Date

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EXHIBIT A

Part 1 Statement of Work

1. PURPOSE

The purpose of this outcomes-based Contract is to provide Competitive Integrated Employment (“CIE”) Job Placement Services (“JPS”) to Office of Vocational Rehabilitation (“VR”) Participants, referred to the Contractor by VR, in accordance with the following terms and conditions.

2. DEFINITION OF TERMS

a. “Authorization for Purchase” or “AFP” means a document created by VR in the Oregon Rehabilitation Case Automation (“ORCA”) system that allows expenditures to occur on behalf of a Participant. An AFP serves as VR’s authorization to a Contractor or Participant for the purchase of goods or services if certain terms or conditions are met.

b. “Coaching in Support of Pre-Employment Transition Services” or “Coaching in Support of Pre-ETS” means one-on-one coaching that is only available to Students with a Disability who are eligible for VR services and have an authorized Work Based Learning Experience (“WBLE”) service included in a signed Individualized Plan for Employment (“IPE”). Students with a Disability must require Coaching for the entirety of the WBLE to qualify for this service.

(1) Contractor shall assist the Student with a Disability in performing the tasks assigned during the WBLE, and if needed and in accordance with the approved IPE, shall also participate in Pre-Employment Transition services (“Pre-ETS”);

(2) Coaching in Support of Pre-ETS as a program service is only allowable for WBLE when the Student with a Disability is determined eligible by VR and has a signed IPE with VR.

c. “Community Based Work Assessments” or “CBWA” means a community-based opportunity that evaluates specific vocational skills and tasks, and determines accommodations needed for success in the desired employment field.

d. “Competitive Integrated Employment” or “CIE,” in addition to its meaning in OAR 582-001-0010(18), means Work that:

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(1) Is performed on a full-time or part-time basis, including self-employment, and for which an Individual is compensated at a rate that is not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 [29 U.S.C. 206(a)(1)] or the rate required under the applicable state or local minimum wage law for the place of employment;

(2) Is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not Individuals with Disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills;

(3) Is eligible for the level of benefits provided to other employees;

(4) Is at a location typically found in the community;

(5) Where the employee with a disability interacts for the purpose of performing the duties of the position with other employees within the particular work unit and the entire work site, and, as appropriate to the work performed, by other persons, such as customers and vendors, who are not Individuals with Disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that employees who are not Individuals with Disabilities and who are in comparable positions interact with customers and vendors;

(6) Presents, as appropriate, opportunities for advancement that are similar to those for other employees who are not Individuals with Disabilities and who have similar positions.

e. “Contractor,” in addition to the definition in OAR 125-246- 0110(35), means an entity, who had submitted an Application that has been accepted and approved by VR, and has executed a Contract with ODHS to provide JPS service. The Contractor, through the Contract, has agreed to legally enforceable terms and conditions under which the Contractor supplies products or performs services according to VR’s specifications and for the purpose of accomplishing the results VR intends.

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f. “Contractor Signee” means the Contractor, or any authorized representative that holds the responsibility for delivering and signing any Contract documentation on behalf of the Contractor.

g. “Core Competency” means the foundation of an employment professional’s knowledge and is intended to be part of the larger organizational training and competency plan for individuals who deliver employment services. Demonstration of competency under this Contract shall be achieved by completing the 12 online Core Competency modules referenced in section 7 “Training Requirements,” below, prior to the Contractor providing services under any resulting JPS Contract.

h. “Customized Employment” means Competitive Integrated Employment for an Individual with a significant disability based on an individualized determination of the unique strengths, needs, and interests designed to meet the specific abilities of the Individual and the business needs of the employer. Customized Employment is accomplished through flexible strategies, such as:

(1) Working with an employer to facilitate Placement;

(2) Customizing a job description based on current employer needs or on previously unidentified or unmet employer needs;

(3) Developing a set of job duties, a work schedule, job arrangement, and the specifics of supervision, including performance evaluation and review and determining a job location;

(4) Using a professional representative chosen by the Individual, or if the Individual has elected self-representation, to facilitate Placement.

i. “Employee Roster” is Attachment C and is a VR standardized form template, completed and submitted to VR by the Contractor, that lists the names and dates of hire of those the Contractor requests to be authorized by VR to provide Job Placement Services under the Contractor’s resulting JPS Contract and be subject to its terms and conditions. Those named shall include the Contractor and Contract Signee, if different, and the names of the Contractor’s management, staff, and others, including any VR-approved subcontractor and individuals

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(1) For the entire Contract period, Contractor shall immediately resubmit a revised Attachment C and it’s associated Attachment D, if required, directly to the VR Contract Administrator for any additions or deletions from the list, or changes to the Contractor, or to the Contractor’s management, staff, or to any VR-approved subcontractor or personnel working for an VR-approved subcontractor.

(2) The revised Attachment C shall be received by the VR Contract Administrator prior to any post-change Work being performed by the Contractor. The revised Attachment C shall be sent to the following:

vr.contractinquiries@odhs.oregon.gov

j. “Employment Network” or “EN” means an entity that enters into an agreement with the Social Security Administration (“SSA”) to either provide or coordinate the delivery of services to Social Security disability beneficiaries. ODHS, working by and through its Office of Vocational Rehabilitation Services, is an officially SSA-designated Employment Network

k. “Individualized Plan for Employment” or “IPE,” in addition to its meaning in OAR 582-001-0010(43), means a plan for attaining an Individual's vocational objective. The IPE identifies services necessary to assist the Individual prepare for, secure, retain, or regain successful CIE, or advance in their career, consistent with the Individual's Informed Choice, and their strengths, resources, priorities, concerns, abilities, capabilities, and interests. The IPE identifies the vocational goal, hours of work desired per week, required services, approved service providers, costs, time frames, and the Individual's responsibilities under the plan.

l. “Individual with a Disability” or “Individual” has the same meaning as OAR 582-001-0010(39), or, as applicable, OAR 582- 001-0010(40).

m. “Individual with a Most Significant Disability” has the same meaning as OAR 582-001-0010(41).

n. “Individual with a Significant Disability” has the same meaning as OAR 582-001-0010(42).

mailto:vr.contractinquiries@odhs.oregon.gov

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o. “Informed Choice,” in addition to its meaning in OAR 582-001- 0010(45), means that an Individual, and any guardian or representative, who applies for VR Services or is eligible to receive VR Services, shall be an active and full partner throughout the vocational rehabilitation process, as defined in 34 CFR Subtitle B, Chapter III, Part 361, Subpart B, §361.52. Informed Choice also means the VRC clarifies choices by: using the preferred language of the Applicant or Participant; uses rehabilitation counseling knowledge and skills; and the Individual receives sufficient information to make a decision concerning the rehabilitation process and CIE opportunities.

p. “Job Coach” means the person who provides Job Coaching Services and provides the necessary prompts, develops natural supports for long-term success, and works with the employer toward a more effective working relationship with the Participant.

q. “Job Coaching Services” means those services authorized by the VRC and provided by the Job Coach to teach the Participant the essential skills necessary to complete required job tasks beyond what is normally provided by the employer. Job Coaching Services include “onboarding activities,” defined as necessary assistance with activities such as attending new hire trainings, developing strategies to ensure comprehension of new hire expectations, and one-on-one review and study of employee manuals and job-related materials. Job Coaching Services may also include job related tasks such as basic work etiquette, job related time management, hygiene, organizational skills, task analysis, self-advocacy, and disclosure.

r. “Job Placement Plan” means the VR standardized form, as defined in section 5 “Standardized Forms,” below, that defines the Participant’s documented work conditions and involvement for success on the job. The Job Placement Plan shall include the number of hours and job types, address the information in the Referral form, and outline the unique set of steps Contractor will take for Placement and Retention in CIE.

s. “Job Placement Services” means activities to be completed by the Contractor, after acceptance of the Referral and the Job Placement Plan by the VRC, that are needed to obtain CIE. Job Placement Services shall include all work outlined and accepted in the Referral form, all strategies and methods outlined in the

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Job Placement Plan, and any additional meetings necessary to accomplish the work.

t. “Job Placement Services Contract Training” or “JPSCT” means the two Contractor training courses relative to Job Placement Services. Direct Service training is intended to develop the knowledge and skills necessary for providing services to VR Participants, and Contract Overview training provides information regarding VR Program and requirement changes from the previous program structure and Contract.

u. “Job Retention Plan” means the VR standardized form, as defined in section 5 “Standardized Forms,” below, that defines how the Contractor will support the Participant’s needs in maintaining CIE.

v. “Job Search Assistance” or “JSA” is a service provided by the Contractor instead of Job Placement Services when the Participant requires job search assistance. Job Search Assistance includes helping facilitate the Participant’s use of community resources in their independent job search.

w. “Job Stability” means the Participant, VRC, and employer agree that the job is satisfactory, the Participant is adequately performing the duties of the job to the Participant’s and employer’s satisfaction, the job continues to match the vocational goal and number of hours listed on the IPE and Job Placement Plan, and long-term supports, if needed, have been defined and are in place.

x. “Monthly Job Placement Report” means the VR standardized report form, as defined in section 5 “Standardized Forms,” below, completed by the Contractor and provided to the VRC, describing the effectiveness and progress of the steps and expectations outlined in the Job Placement Plan.

y. “Monthly Job Retention Report” means the VR standardized report form, as defined in section 5 “Standardized Forms,” below, completed and provided by the Contractor to the VRC, outlining the expectations identified in the Job Retention Plan.

z. “On the Job Training” or “OJT” means a type of training provided to a Participant in the work-setting by an employer. Job Placement is achieved and paid for when OJT is complete, and

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aa. “Oregon Forward,” formerly known as a “Qualified Rehabilitation Facility,” means a qualified nonprofit agency as defined in ORS 279.835 through 279.855.

bb. “Participant” means a Reportable Individual, as defined in OAR 582-001-0010(61) and sometimes referred to as “Client,” who has been determined by VR to be eligible for VR Services and can benefit from rehabilitation services to assist in achieving CIE.

cc. “Placement,” for the purposes of this Contract, means obtaining CIE with the Participant’s agreed-upon vocational goal and the hours the Participant requests to work, as documented in the Referral form and the Participant’s Job Placement Plan.

dd. “Pre-Employment Transition Services” or “Pre-ETS” means the earliest set of services offered by VR, and are short-term and intermittent in nature. The intent of Pre-ETS is for Students with Disabilities to learn skills which help them explore, narrow, or refine a career goal. Eligibility for Pre-ETS, the type and durations of Pre-ETS, and services in support of Pre-ETS, may only be authorized by an employee of VR.

ee. “Qualified Entity” or “QE” has the same meaning as OAR 407- 007-0210(7), and “means a community mental health or developmental disability program, local health department, or an individual, business, or organization, whether public, private, for-profit, nonprofit, or voluntary, that provides care, including a business or organization that licenses, certifies, or registers others to provide care.”

ff. “QE Designee” or “QED” has the same meaning as OAR 407- 007-0210(8), and “means an approved Subject Individual (“SI”) appointed by the QE’s appointing authority to handle background checks on behalf of the QE.”

gg. “Referral” means the VR standardized Referral form, as the form is defined in section 5 “Standardized Forms,” below, that has been issued to the Contractor by VR. The Referral will include the Participant’s vocational goal, amount of work hours per week desired by the Participant, disability barriers, the predetermined Job Placement Services Track, all approved required Services available under the JPS Contract, and additional elements

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hh. “Retention” means an array of individualized services provided to the Participant by the Contractor while working with the Participant and employer to determine issues and solutions for on-the-job issues to ensure Participant’s employment success.

Retention includes ongoing and routine engagement of the employer and Participant to identify issues affecting job performance and to establish a plan for remediation, allowing the Participant to make changes to maintain CIE based on the Participant’s preference of disclosure. Retention has been successfully achieved when the Participant has reached 90 days of successful CIE and Job Stability. If this is Supported Employment, transfer to long-term supports has occurred.

ii. “Self-Placement” means a Participant discovers a job lead, applies, interviews, and obtains CIE on their own without assistance from a Job Placement Services Contractor. Self- Placement may occur at the same time as Job Placement Services.

jj. “Student with a Disability,” in addition to the definition in OAR 582-001-0010(70), means an individual with a disability in a secondary, post-secondary, or other recognized education program, who falls within the age requirement of 14 to 21 years of age, and is either eligible for or already receiving special education or related services, has a 504 plan, or has a documented disability from a qualified professional.

kk. “Subcontractor” means an individual or Company that has a formal or informal agreement or understanding with the Contractor to perform all or part of the Work defined in the Contract. Contractor shall receive VR’ written authorization prior to entering into any subcontracting relationship. Despite the relationship between the Contractor and its subcontractors, the Contractor remains fully responsible for the successful execution and completion of the Work of the Contract and remains subject to compliance with its terms and conditions.

ll. “Subject Individual” or “SI” has the same meaning as defined in OAR 407-007-0210(10).

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mm. “Supported Employment,” in addition to the definition defined in OAR 582-072-0020, means Competitive Integrated Employment for Individuals with a Most Significant Disability, including youth with a Most Significant Disability, who:

(1) Have historically not had opportunities for Competitive Integrated Employment, or employment has been interrupted or intermittent because of a significant disability, and

(2) Because of the nature and severity of their disabilities, need intensive supported employment services and long-term supports after the transition from support by VR through another agency.

nn. “Targeted Vocational Assessment” or “TVA” means a community-based opportunity that evaluates specific vocational skills, tasks, and determines accommodations needed for success in the desired employment field.

oo. “Ticket to Work” or “TTW” means the employment program created by the Ticket to Work and Work Incentives Improvement Act of 1999, administered by the Social Security Administration. The TTW Program supports career development for people ages 18 through 64 years of age who receive Social Security disability benefits and want to work. The TTW Program helps people with disabilities move toward financial independence and connects them with the employment services and support they need to succeed in the workforce.

pp. “Work-Based Learning Experience” or “WBLE” means an experience outside the traditional school setting, including internships, that is provided in an integrated environment in the community to the maximum extent possible.

qq. “Vocational Rehabilitation” or “VR” means the State program within the Oregon Department of Human Services, responsible for carrying out the responsibilities specified in ORS 344.511(13).

rr. “Vocational Rehabilitation Counselor” or “VRC” means an Individual employed by ODHS as a Vocational Rehabilitation Counselor in VR, consistent with 34 CFR Subtitle B, Chapter III, Part 361, subpart B, Administration §361.18.

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3. PROGRAM TERMS AND CONDITIONS

Contractor’s provision of the tasks, services, and deliverables described in this Contract shall meet the highest performance standards prevalent in the industry or business of providing Vocational Rehabilitation Job Placement Services. Contractor affirms they are qualified to provide these Job Placement Services, and will provide CIE services to Participants referred to the Contractor by VR in accordance with the terms and conditions of this Contract.

a. Authorized to Perform Work

Any person or entity, whether the Contractor, the Contractor’s employees, staff, or approved Subcontractors and their staff, if any are authorized by VR, must be specifically authorized by VR to perform Job Placement Services under the terms and conditions of this Contract.

b. No Independent Negotiation of Work

Contractor is prohibited from negotiating with any VR Branch Manager, Vocational Rehabilitation Counselor (“VRC”), or any VR administrative or support staff, for any changes in this Contract, or for negotiating for any services not specifically defined in the Contract. No individual or independent negotiations are permissible.

c. Subcontracting

Contractor must obtain written authorization and approval from the VR Contract Administrator prior to any subcontracting or offers to any entity for subcontract work.

d. Insurance

(1) It is the Contractor’s responsibility to provide documentation to the VR Contract Administrator certifying all insurances are current and in good standing throughout the term of the Contract. Refer to Exhibit C “Insurance Requirements” for required insurance.

(2) Contractor Documentation Responsibility.

(a) Contractor shall be responsible to track Insurance expiration and any other sanction dates, and submitting new or updated insurance certification to the VR Contract Administrator showing current and continuing insurance coverage in accordance with Exhibit C. Documentation must be received by VR prior to coverage end-dates.

Contractor shall not allow a lapse or open-gap in insurance coverage at any time for any length of time during the Contract period.

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Documentation will be provided to the VR Contract Administrator:

vr.ContractInquiries@odhs.oregon.gov

(b) Failure to provide current proof of insurance coverage for any of the required insurances stated in Exhibit C may be considered “in default” by VR under the provisions of Exhibit B “Standard Terms and Conditions,” section 10 “Default; Remedies; Termination,” subsection (a)(3), below. In that event, ODHS may exercise its options under section 10, subsection (b), and other options that may be available to it, including Exhibit B, section 11 “Stop Work Order.”

e. Conflict of Interest when working with VR Participants:

Contractor recognizes their own personal or professional relationships may, in some situations, interfere or appear to interfere with their ability to provide Services ethically and professionally. Contractor acknowledges they will not provide JPS under this Contract to family or member of an employee’s family, or to others that may provide the appearance of an ethical or professional conflict of interest.

f. Non-HIPAA Confidentiality Statement

ORS 344.600, ORS 411.320(1), OAR 582-030-0010(2), OAR 407-014-

0010(4), and OAR 407-014-0020(2), in accordance with federal rule 34 CFR 361.38(b), allows VR to use necessary non-HIPAA Client information without authorization for purposes directly connected to the administration of vocational rehabilitation services and programs.

g. If Contractor, Contractor’s employees, or a VR approved Subcontractor is an Employment Network (“EN”) with the Social Security Administration (“SSA”), as stated in 20 CFR 411.400, an EN may refer a beneficiary it is serving under the Ticket to Work (“TTW”) program to VR agency for Services, including VR. However, a referral can be made only if the State VR agency and the EN have an agreement that specifies the conditions under which Services will be provided by the State VR agency. This agreement must be in writing and signed by the State VR agency and the EN prior to the EN referring any beneficiary to the State VR agency for services.

4. STATEMENT OF WORK

The Work and its terms and conditions described in this Contract will be identical in all resulting JPS Contracts, and the Contract is not individually mailto:vr.ContractInquiries@odhs.oregon.gov

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a. JOB PLACEMENT TRACKS

(1) Job Placement Services Track 2 – Supported Employment

Track 2 is designed for Participants with Significant Disabilities who demonstrate motivation but lack the ability to be competitive in the job market, such as difficulty multi-tasking, or who demonstrate lower productivity levels than others who perform similar work tasks in a CIE environment. Track 2 Participants may require more flexible strategies, such as working with employers to facilitate Placement, customizing a job description based on existing or unidentified employer needs, developing a set of job duties, modifying the work schedule, and arranging for provision of job supports, among other strategies.

(2) Job Placement Services Track 3 – Customized Supported Employment

Track 3 is intended for supported employment Participants with the Most Significant Disabilities who exhibit the most significantly challenging functional limitations. There is no specific job description with intensive support and customized supported employment. Contractors must negotiate with the employer to create a job where the Participant can use their skills to benefit the employer. The Contractor will help the Participant develop their job description and support the development of supports at the worksite.

b. REFERRAL FOR SERVICE

(1) Prior to a Referral being issued to a Contractor, the VRC may request one or more JPS Contractors, including the Contractor, to voluntarily meet with the Participant, at no cost to VR, ensuring the Participant has made an Informed Choice.

(2) The VRC will provide the selected Contractor with a completed AFP and Referral form, as the form is defined in section 5 “Standardized Forms,” below.

(3) The Participant, VRC, and selected Contractor shall meet to discuss the Referral with the objective of sharing information to assist in the development of the Job Placement Plan unless one party believes a Referral

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(4) Referral Acceptance or Rejection:

(a) Referral Acceptance

If the Work authorized by the Referral is accepted by the Contractor, the Contractor shall sign and return a copy of the Referral form to the VRC, along with the AFP and an invoice, within seven (7) calendar days of receipt of the Referral. For each accepted Referral, Contractor shall be paid a one-time Referral payment fee.

(b) Referral Rejection without attending a Referral Meeting

If the Work authorized by the Referral is rejected by the Contractor without attending a Referral meeting, Contractor shall state the reason for rejection on the Referral form, sign, and return the Referral to the VRC within seven (7) calendar days of receipt of the Referral. No Referral payment will be made to Contractor.

(c) Referral Rejection if attended a Referral Meeting

When Contractor attends a Referral Meeting and Contractor rejects the Work authorized by the Referral, Contractor will receive an AFP at the Referral Meeting and be paid a Referral payment for the rejected Referral upon submission of an invoice to the VRC.

(5) Upon acceptance of a Referral, and during the on-going provision of services, the Contractor shall not delay or pause providing Job Placement Services to a Participant without prior written approval from the VRC. Contractor shall submit the reasons for the proposed delay or pause, also known as a “Hold,” in writing to the VRC no later than seven (7) calendar days prior to the proposed Hold begin-date. The VRC will respond to the Contractor in writing within seven (7) calendar days from receipt of the request from the Contractor.

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(6) Contractor shall notify the VRC immediately if a Participant is not participating or is requesting a pause of Job Placement Services.

c. JOB PLACEMENT PLAN

Contractor shall utilize the information included on the Referral form and other information provided by the VRC and Participant to prepare a comprehensive Job Placement Plan, utilizing the standardized Job Placement Plan form as defined in section 5 “Standardized Forms,” below.

(1) Contractor shall meet with the Participant to discuss, in detail, the strengths, resources, priorities, concerns, abilities, legal issues, transportation needs, and interests, as it relates to the vocational goal listed on the Referral form, and how functional limitations could impact work.

(2) Additional activities necessary to complete the Job Placement Plan may include job shadows with the Participant in the community in order to understand and observe behaviors and motivations, and to assess the Participant’s CIE-seeking abilities.

(3) Contractor shall create a complete, comprehensive, and individualized Job Placement Plan for the Participant. The Job Placement Plan shall outline the strategies and methods Contractor will use to achieve successful CIE.

Within 21 calendar days from acceptance of the Referral:

(a) The completed Job Placement Plan shall be submitted to the VRC prior to or at the Job Placement Plan meeting. When approved and signed by the VRC, the VRC will provide a copy of the Job Placement Plan to the Contractor and Participant.

(b) The Participant, VRC, and Contractor shall meet to review the Job Placement Plan. The Job Placement Plan meeting participants shall discuss the specific strategies outlined in the Job Placement Plan and determine if it matches the Referral form to achieve a CIE outcome.

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(4) Job Placement Plan Acceptance or Rejection:

(a) Job Placement Plan Acceptance:

i. The VRC will accept the Job Placement Plan after the VRC, Contractor, and Participant agree that the outlined strategies in the Job Placement Plan match the Referral and are sufficient in meeting the Participant’s needs to obtain CIE.

ii. Contractor may submit an invoice, along with the AFP, for payment upon acceptance of the Job Placement Plan by the VRC.

(b) Job Placement Plan Rejection

i. The VRC may reject the Job Placement Plan when the outlined strategies do not match the Referral or are insufficient in meeting the Participant’s needs. The VRC will provide the reason for the rejection, in writing, to the Contractor within seven (7) calendar days from submission. Contractor shall revise and resubmit the Job Placement Plan for acceptance by the VRC within seven (7) calendar days from receipt of the VRC’s decision.

ii. Contractor shall not submit an invoice for payment of the Job Placement Plan until the Job Placement Plan has been accepted by the

VRC.

(5) If Job Placement Services identified in the Job Placement Plan last 90 calendar days without reaching successful CIE, the Participant, VRC, and Contractor shall meet to determine if Job Placement Services will continue. This meeting will determine what changes are needed to reach a successful CIE outcome for the Participant. If the decision to continue Job Placement Services is agreed to by the VRC, Contractor, and Participant, the Contractor shall submit an updated Job Placement Plan to be received by the VRC within 14 calendar days from the date of the meeting.

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(6) If the Participant’s vocational goal changes during Job Placement Services activities and the VRC and Participant agree that a new vocational goal is acceptable, Contractor shall update the Job Placement Plan within 14 calendar days to reflect the goal change with the new or additional strategies that will be used to obtain and retain successful

CIE.

(7) The Contractor shall not request, nor shall the VRC approve, additional payments for Job Placement Plan updates, including those that reflect goal changes and new or additional strategies needed to obtain and retain successful CIE.

d. MONTHLY JOB PLACEMENT REPORT

Contractor shall submit a completed Monthly Job Placement Report form to the VRC monthly for each Participant served, utilizing the standardized Monthly Job Placement Report form as defined in section 5 “Standardized Forms,” below.

(1) The Monthly Job Placement Report shall be received by the VRC no later than the fifth calendar day of each calendar month, and shall report on the previous calendar month’s Work. Submission of the first Monthly Job Placement Report shall begin with the first full calendar month of Job Placement services and continue until CIE is achieved.

(2) Only the first Monthly Job Placement Report will generate a payment. Contractor shall submit an invoice to the VRC requesting payment with Contractor’s submission of the first Monthly Job Placement Report.

(3) If Placement is achieved within the first full calendar month of Job Placement Services, Contractor shall submit the Monthly Job Placement Report to the VRC along with the required signed Placement and Retention Verification Report form, as the report is defined in section 5 “Standardized Forms,” below.

(4) Monthly Job Placement Report Acceptance or Rejection

(a) Monthly Job Placement Report Acceptance

The VRC will accept the Monthly Job Placement Report when the report sufficiently outlines details

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(b) Monthly Job Placement Report Rejection

The VRC will reject the Monthly Job Placement Report when the report does not sufficiently outline details of the Participant’s monthly progress during Job Placement Services.

The VRC will provide the reason for the rejection, in writing, to the Contractor within seven (7) calendar days from submission.