S000000125 Solicitation Document as Amended 4.pdf

STATE OF ARKANSAS

DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES

OFFICE OF STATE PROCUREMENT

501 Woodlane St., Ste. 220 Little Rock, Arkansas 72201-1023

REQUEST FOR PROPOSAL

RFP SOLICITATION DOCUMENT

Note: Updates to this RFP are designated by red font.

SOLICITATION INFORMATION

Solicitation Number:

S000000125 Solicitation Issued:

September 29, 2022

Description: Comprehensive Medical Services

Agency: Department of Corrections – Division of Correction and Division of Community Correction

SUBMISSION DEADLINE

Proposal Opening Date: December 7, 2022 Proposal Opening Time: 2:00 p.m., Central Time

Proposal submissions for this Request for Proposal must be submitted through ARBuy, the State’s eProcurement system. It can be accessed at https://arbuy.arkansas.gov. Proposals received after the submission deadline may be rejected as untimely. See Section 1.2 for information regarding Live Proposal Openings.

OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

OSP Buyer: Heather Bailey Buyer’s Direct Phone Number: 501-324-9320

Email Address: Heather.v.bailey@arkansas.gov OSP’s Main Number: 501-324-9316

OSP Website: https://www.transform.ar.gov/procurement/ https://arbuy.arkansas.gov/ mailto:Heather.v.bailey@arkansas.gov https://www.transform.ar.gov/procurement/

Solicitation Document Solicitation No. S000000125

TABLE OF CONTENTS

SECTION 1 – GENERAL INFORMATION……………………..……………….………………..…………..….4

1.1 – INTRODUCTION.....……………………………………...…..……………………………….….………….4

1.2 – LIVE PROPOSAL OPENING………………………………………………………………………...,.……4

1.3 – TYPE OF CONTRACT……………………………………………………………………………………

1.4 – SOLICITATION SCHEDULE……………………………………………………………………………….. 5

1.5 – PRE-PROPOSAL CONFERENCE………………………………………………………………………

1.6 – CLARIFICATION OF RFP………………………………………………………………….………………..5

1.7 – DEFINITIONS OF TERMS……………………………………………………………………………..……6

1.8 – ACRONYMS USED BY AGENCY…………………………………………………………………….……10

1.9 – RESPONSE DOCUMENTS…………………………………………………………………………………11

1.10 – ORGANIZATION OF RESPONSE DOCUMENTS…………………………………………….………..12

1.11 – PRIME CONTRACTOR RESPONSIBILITY………………………………………………………

1.12 – PUBLICITY…………………………………………………………………………………...……….……..13

1.13 – PERFORMANCE SECURITY…………………………………………………………………………

1.14 – INSURANCE…………………………………………………………………………………………………13

1.15 – TECHNOLOGY ACCESS…………………………………………………………………………………. 14

1.16 – ACCEPTANCE OF REQUIREMENTS……………………………………………….....………………..15

1.17 – ADDITIONAL TERMS AND CONDITIONS……………………………………………………………… 15

SECTION 2 – OBJECTIVES OF THE RFP……………………………………………………

2.1 – OVERVIEW…………………………………………………………………………………………………...16

2.2 – OBJECTIVES…………………………………………………………………………………………………16

SECTION 3 – BACKGROUND AND CURRENT ENVIRONMENT…………………………

3.1 – BACKGROUND AND CURRENT ENVIRONMENT……………………………………………………... 18

SECTION 4 – PROSPECTIVE CONTRACTOR QUALIFICATIONS..…………………………………..……20

4.1 – OVERVIEW…………………………………………………………………………………………………... 20

4.2 – COMPREHENSIVE MEDICAL HEALTH SERVICES……………………………………...….………….20

SECTION 5 – SCOPE OF WORK……………………………………………………………………………….. 22

5.1 – OVERVIEW…………………………………………………………………………………………………... 22

5.2 – STANDARDS AND CREDENTIALS…………………………………………………………………….….22

5.3 – COMPREHENSIVE MEDICAL SERVICES………………………………………………………………. 23

5.4 – COMPREHENSIVE MENTAL HEALTH SERVICES…………………………………………………….. 23

5.5 – INTAKE SCREENING………………………………………………………………………………………. 24

5.6 – INMATE PHYSICAL EXAMINATION/HEALTH APPRAISAL…………………………………………… 26

5.7 – DAILY SICK CALL AND TRIAGING OF NON-EMERGENCY COMPLAINTS……………………….. 29

5.8 – AMERICAN CORRECTIONAL ASSOCIATION (ACA) STANDARDS………………………………… 31

5.9 – PHYSICIAN COVERAGE………………………………………………………………………...………… 31

5.10 – HOSPITAL AND INFIRMARIES…………………………………………………………………………. 32

5.11 – RESIDENTIAL PROGRAM UNIT………………………………………………………………………… 33

5.12 – SHELTERED LIVING UNIT………………………………………………………………………………..33

5.13 – SPECIALTY CARE………………………………………………………………………………………… 34

5.14 – ON-SITE CHEMOTHERAPY SERVICES……………………………………………………………….. 34

5.15 – UTILIZATION MANAGEMENT…………………………………………………………………………… 35

5.16 – MEDICATION ASSISTED TREATMENT (MAT) FOR OPIATE OR ALCOHOL USE DISORDERS.35

5.17 – EMERGENCY SERVICES…………………………………………………………...…………………… 36

5.18 – DENTAL SERVICES………………………………………………………………………………………. 37

5.19 – MENTAL HEALTH SERVICES…………………………………………………………………………… 37

5.20 – MEDICAL RECORDS……………………………………………………………………………………… 38

5.21 – MEDICAL SUPPLIES……………………………………………………………………………………… 39

5.22 – PHARMACEUTICAL SERVICES………………………………………………………………………… 40

5.23 – HEALTH EDUCATION…………………………………………………………………………………….. 43

5.24 – SAFETY, SANITATION, AND INFECTIOUS DISEASE CONTROL……………………..………….. 44

5.25 – MEDICAL WASTE…………………………………………………………………………………………. 45

5.26 – CONSULTATION SERVICES…………………………………………………………………………….. 45

5.27 – EQUIPMENT……………………………………………………………………………………………….. 45

5.28 – MANDATORY SITE VISITS………………………………………………………………………………. 46

5.29 – DOC POLICIES AND PROCEDURES………………………………………………………...………… 48

5.30 – PERFORMANCE STANDARDS……………………………………………………………..………….. 48

SECTION 6 – STAFFING, ADMINISTRATIVE AND SUPPORT SERVICES…………………………..….. 50

6.1 – STAFFING……………………………………………………………………………………………………. 50

6.2 – RETENTION OF CURRENT MEDICAL SERVICES CONTRACT STAFF……………………………. 51

6.3 – FILLING VACANT STAFF POSITIONS…………………………………………………………………… 51

6.4 – ADMINISTRATIVE AND SUPPORT SERVICES………………………………………………………… 51

SECTION 7 – REPORTING………………………………………………………………………………………. 53

7.1 – REPORTING…………………………………………………………………………………………………. 53

SECTION 8 – PRICING…………………………………………………………………………………………… 55

8.1 – PRICING SUBMISSION REQUIREMENTS……………………………………………………………… 55

8.2 – PROGRAM COST BIDS……………………………………………………………………………………. 55

8.3 – PROGRAM COMPENSATION…………………………………………………………………………….. 56

SECTION 9 – ARTICLES AND SERVICES PROVIDED BY DOC………………………………………...… 58

9.1 – ARTICLES AND SERVICES PROVIDED BY DOC……………………………………………………… 58

SECTION 10 – GENERAL CONTRACTUAL TERMS………………………………………………………… 59

10.1 – PAYMENT AND INVOICE PROVISIONS……………………………………………………………….. 59

10.2 – CONDITIONS OF CONTRACT…………………………………………………………...……………… 59

10.3 – STATEMENT OF LIABILITY……………………………………………………………………………… 60

10.4 – CONFIDENTIALITY……………………………………………………………………..………………... 60

SECTION 11 – ADDITIONAL TERMS AND CONDITIONS……………………………..…………………… 61

11.1 – START UP AND TRANSITION PLAN…………………………………………………………………… 61

11.2 – STATE’S RIGHT TO CHANGE CONTRACT…………………………………………………………… 61

11.3 – TERMINATION RIGHTS……………………………………………………………..…………………... 61

11.4 – DISPUTES AFTER AWARD……………………………………………………………………………… 62

11.5 – SOLICITING AGENTS…………………………………………………………………………………….. 63

11.6 – INDEMNIFICATION……………………………………………………………………………………….. 63

11.7 – LAWSUITS………………………………………………………………………………………………….. 63

11.8 – NOTICE OF LEGAL ACTION……………………………………………………………...……………... 63

11.9 – STATUS OF THE CONTRACTOR………………………………………………………………………. 64

11.10 – COOPERATION AMONG CONTRACTORS………………………………………………………….. 64

11.11 – ACCESS TO RECORDS………………………………………………………………………………… 64

11.12 – SUBCONTRACTS………………………………………………………………………………………... 64

11.13 – CONTRACT CONTROL…………………………………………………………………………………. 65

11.14 – ETHICAL STANDARDS § 19-11-703 STATEMENT OF POLICY…………………………………... 65

11.15 – CONTRACT VARIATIONS……………………………………………………………………………….65

11.16 – LAWS AND VENUE…………………………………………………………………...…………………. 65

11.17 – ENVIRONMENTAL PROTECTION………………………………………………..…………………... 66

11.18 – ATTORNEY FEES…………………………………………………………………………………..…... 66

SECTION 12 – SELECTION……………………………………………………………………………………… 67

12.1 – TECHNICAL PROPOSAL SCORE………………………………………………………………………. 67

12.2 – ORAL PRESENTATION/DEMONSTRATION SCORE………………………………………………… 68

12.3 – COST SCORE………………………………………………………………………………..…………….. 69

12.4 – GRAND TOTAL SCORE………………………………………………………………………………….. 69

12.5 – PROSPECTIVE CONTRACTOR ACCEPTANCE OF EVALUATION TECHNIQUE……………

SECTION 1 – GENERAL INFORMATION AND INSTRUCTIONS

• Do not provide responses to items in this section unless specifically and expressly required.

1.1 INTRODUCTION

A. This Request for Proposal (RFP) is issued by the Transformation and Shared Services Office of State Procurement (TSS-OSP) for the Arkansas Department of Corrections (DOC or Department), which includes the Division of Correction (ADC) and the Division of Community Correction (ACC) to obtain pricing and a contract for Comprehensive Medical Services for Inmates (hereinafter referred to as Medical Services). The Medical Services will serve a population of 16,000 (+/-) Inmates, 39 (+/-) jail detainees/prisoners, and 336 (+/-) Inmates in the custody of ADC who are housed in county jails as part of a work program (Act 309 as per AR Code § 12-30-401 et seq), and 1,600 (+/-) Inmates in the custody of ACC.

B. The Office of State Procurement is the sole point of contact throughout this solicitation process. Direct all questions, comments, or concerns you may have regarding the solicitation to the TSS-OSP, not the Department.

C. Comprehensive Medical Services, for both ADC and ACC, for this RFP include, but are not limited to:

1. Medical Services

2. Dental Services

3. Mental Health Services

4. Pharmacy Services

D. A Prospective Contractor’s proposal must provide for the overall administration and management of the four (4) combined Comprehensive Medical Services for both ADC and ACC. Proposals offering administration and management for less than all four (4) programs as a combined unit will not be considered and will be rejected.

1.2 LIVE PROPOSAL OPENING

Use the information below to view the proposal opening online.

Zoom Meeting Link:

https://arkansas-gov.zoom.us/j/89999801211?pwd=aCszYW1kY1A0eWRzKy9ScTFFZXQrUT09 Meeting ID: 899 9980 1211 Meeting Password: 030913 Dial-In Information: 877 853 5257 US Toll-free 888 475 4499 US Toll-free

1.3 TYPE OF CONTRACT

A. As a result of this RFP, TSS-OSP intends to award a single contract for the combined Comprehensive Medical Services to a single Contractor, with the goal of increased cost containment for the services and better integration of the services.

B. The anticipated starting date for any resulting contract is July 1, 2023, except that the actual contract start date may be adjusted unilaterally by the State for up to three calendar months. By submitting a signed proposal in response to the RFP, the Prospective Contractor represents and warrants that it will honor its proposal as being held open as irrevocable for this period.

C. The initial term of a resulting contract will be for one (1) year. Upon mutual agreement by the Contractor and agency, the contract may be renewed by OSP for up to nine (9) additional one-year terms or portions thereof, not to exceed a total aggregate contract term of ten (10) consecutive years, no longer than June 30, 2033.

https://arkansas-gov.zoom.us/j/89999801211?pwd=aCszYW1kY1A0eWRzKy9ScTFFZXQrUT09

D. Pursuant to Arkansas Code Annotated § 12-27-142, the Division of Correction and the Division of Community Correction may enter into professional services contracts for medical services for a contract period not to exceed ten (10) years.

1.4 SOLICITATION SCHEDULE

For informational purposes, TSS-OSP is providing a Solicitation Schedule; however, dates listed and noted with an asterisk (*) are anticipated dates only and are subject to change at the discretion of the State. All times listed are Central Time.

TABLE A: TENTATIVE SOLICITATION SCHEDULE

ACTIVITY DATE

RFP Release to Prospective Contractors September 29, 2022

Pre-Proposal Conference* October 7, 2022, 10:00 a.m.

Mandatory Facility Tours* October 17-21, 2022

Deadline for Prospective Contractor Questions in ARBuy

October 28, 2022, 5:00 p.m.

Answers to Questions Posted to ARBuy* November 18, 2022

Proposal Due Date December 7, 2022, 2:00 p.m.

Oral Presentations/Demonstrations* January 9-12, 2023 February, 2023

Post Anticipation to Award* February 3-18, 2023

Award Contract* April 3, 2023

Implementation April 3 – June 30, 2023

Official Contract Start Date July 1, 2023

Dates will be updated in Table A once they are determined.

1.5 PRE-PROPOSAL CONFERENCE

A. TSS-OSP will host a pre-proposal conference to provide information and clarification regarding the

RFP.

1. The conference will take place on the date and time listed in Section 1.4 Table A.

2. The conference is important for Prospective Contractors to understand the tasks a Prospective

Contractor shall complete when submitting a proposal (“Submission Requirements”).

3. The Prospective Contractors may attend the conference via Zoom.

Zoom Meeting Link:

https://arkansas-gov.zoom.us/j/83770283890?pwd=dGJhQUFHMDF3cEdoanFPOXhtSmNjdz09 Meeting ID: 837 7028 3890 Meeting Password: 698155 Dial-In Information: 877 853 5257 US Toll-free 888 475 4499 US Toll-free

1.6 CLARIFICATION OF RFP SOLICITATION

A. Submit any questions requesting clarification of information contained in this RFP via the Solicitation posting in ARBuy by the date and time listed in Section 1.4, Table A to the OSP buyer as shown on page one (1) of this RFP Solicitation.

1. For each question submitted, Prospective Contractor should reference the specific Solicitation

Item Number to which the question refers.

https://arkansas-gov.zoom.us/j/83770283890?pwd=dGJhQUFHMDF3cEdoanFPOXhtSmNjdz09

2. The Prospective Contractors’ written questions will be consolidated and responded to by the

State as deemed appropriate. The State’s consolidated written response is anticipated to be posted to the Solicitation posting in ARBuy by the close of business on the date provided in Section 1.4, Table A. If the Prospective Contractor questions are unclear or non-substantive in nature, the State may request clarification of a question(s) or decline to answer.

B. The Prospective Contractor should notify the TSS-OSP buyer of any term, condition, etc., that precludes the Prospective Contractor from submitting a compliant, responsive proposal. Prospective Contractors should note that it is the responsibility of the Prospective Contractor to seek resolution of all such issues, including those relating to the terms and conditions of the contract, prior to the submission of a proposal.

C. Prospective Contractors may contact the TSS-OSP buyer with non-substantive questions at any time prior to the proposal opening.

D. An oral statement by TSS-OSP will not be part of any contract resulting from this Solicitation and may not reasonably be relied on by any Prospective Contractor as an aid to interpretation unless it is reduced to writing and expressly adopted by TSS-OSP.

1.7 DEFINITION OF TERMS

A. Unless otherwise defined herein, all terms defined in Arkansas Procurement Law and used herein have the same definitions herein as specified therein.

B. “Access” as referenced in this RFP, is the establishing of a means by which medical services are made available to Inmates on-site or off-site twenty-four (24) hours per day, seven (7) days per week.

C. “American Correctional Association (ACA)” is an international accreditation entity that establishes standards for and conducts audits of correctional programs to assess their administration and management, physical Facility, operations and services, Inmate programs, staff training, medical services, sanitation, use of segregation and detention, incidents of violence, crowding, Inmate activity levels, and provision of basic services which may impact the life, safety and health of Inmates and staff.

D. “Average Daily Population” is the number calculated by adding all the daily prison populations in a given month and then dividing that monthly total by the number of days in the month. Each division (ADC, ACC, and Act 309 as per AR Code § 12-30-401 et seq) have their own daily average population.

E. “Calendar Day” means every day on the calendar, including weekends and holidays.

F. “Communicable Disease” means an illness caused by an infectious agent or its toxins that occurs through the direct or indirect transmission of the infectious agent or its products from an infected individual or via an animal, vector, or the inanimate environment to a susceptible animal or human host.

G. “Comprehensive Dental Services” includes not only traditional treatment of dental disease but also prevention and early detection. Services include but are not limited to extractions, restorations, oral surgery, prosthetics, and other procedures needed for mastication and associated treatment necessary to maintain the Inmate's health status.

H. “Comprehensive Medical Services” includes not only the traditional care of the acutely or chronically ill Patient, but also the prevention and early detection of disease and the rehabilitation of the disabled. Services will include but are not limited to the following: routine and emergent medical examinations and treatment, laboratory services, mental health services (e.g., psychiatric evaluations, psychiatric medication management, psychological screening, counseling services, suicide risk assessment and prevention services, medical Referrals, and Medication-Assisted Treatment (MAT)), pharmacy services, inpatient services, radiology services, and Referrals for specialty services.

I. “Confidential” means to keep secure and separate from others, information given by or about an individual in the course of a healthcare related encounter. This includes any personal information whether written, electronic, or verbal.

J. “Continuous Quality Improvement (CQI)” analyzes the Patient care to provide better, more efficient healthcare by using processes that encourage all health care teams to continuously ask the questions, “How are we doing?” and “Can we do it better?”.

K. “Contract Administrator” is the DOC Health Services Administrator (HSA) who will serve as the initial point of contact for all contract related concerns. The DOC HSA will work in conjunction with the DOC Mental Health Administrator for all mental health concerns and the ACC Deputy Director for all ACC concerns.

L. “Contractor” means a legally qualified corporation, partnership, or other entity submitting a proposal pursuant to this RFP that will be performing as the Contractor under any resultant contract.

M. “Correctional Facilities” means all State and privately owned and operated facilities that are accredited by the American Correctional Association (ACA). Maintenance of accreditation in all facilities is a paramount priority of the agency.

N. “Corrections Security Log” is a designated book where anyone entering an isolation area for any reason is required to sign, stating the date, time, and nature of their visit.

O. “Corrective Action Plan (CAP)” means the Contractor’s comprehensive written response to any deficiencies discovered during contract monitoring, and plan for remediation of those deficiencies within a stated timeframe.

P. “Electronic Health Record (EHR)” means a digital version of a Patient’s medical chart.

Q. “Emergency” means a medical condition exists when an Inmate manifests acute symptoms, signs, or both and that, by reasonable medical judgment, represent a condition of sufficient severity such that the absence of immediate medical attention could reasonably be expected to result in death, serious impairment of bodily function or major organ system, and/or serious jeopardy to the overall health of the Inmate.

R. “Encounter” means any interaction for medical services between an Inmate and a medical Provider.

The record of health care services rendered by an authorized Provider(s) to an Inmate is entered as an Encounter note.

S. “eOMIS” is the electronic Offender Management Information System used by the Arkansas

Department of Corrections for statewide offender management solutions, including Inmate’s electronic medical records. The Contractor shall use this system as the Inmate’s Electronic Health Record. No outside programs will be allowed as a substitute for this EHR.

T. “Facility” is a prison or other place of incarceration operated by DOC as a single entity to confine convicted felons sentenced to the State’s custody. A single Facility is overseen by a single Warden who operates all divisions of that Facility as a unit under his/her command.

U. “Formulary” means a list of generic and brand name medications that are available for a Provider to order without prior authorization.

V. “Full-Time Equivalent (FTE)” means employment in terms of number of hours per week employed, as defined elsewhere. One FTE equals one full-time employment position delivering forty (40) hours of work per workweek, or 2,080 hours annually.

W. “Fiscal Year (FY)” means the Fiscal Year for the State of Arkansas. The State of Arkansas Fiscal

Year is currently defined as July 1 through June 30.

X. “Grievance” per Arkansas Code Annotated § 004-00-93, Rule 1, means a written complaint by an

Inmate on the Inmate’s own behalf regarding: 1. A policy applicable within his or her unit/center of assignment which personally affect the grievant; 2. A condition in the unit/center that personally affects the grievant; 3. An action involving an Inmate(s) of his or her institution which personally affects the grievant; 4. An action of employee(s) of his or her institution which personally affects the grievant; 5. An incident occurring within his or her institution which personally affects the grievant.

This term does not include a complaint relating to a parole matter. There is a separate procedure for appealing disciplinary action, and the grievance procedure shall not be used to appeal disciplinary action.

Y. “Health Services Programs” are established to promote and maintain physical and mental health of

Inmates in the custody of the DOC. These include, but are not limited to, Drug and Alcohol Treatment programs, Sex Offender Treatment Programs, Chronic Care Clinics, Mental Health Treatment, Dental Hygiene, and Specialty Health Clinics.

Z. “Information Technology (IT)” means the agency’s IT Division that provides technology tools to assist agency personnel in meeting the DOC’s organizational goals. Related, the State of Arkansas’s Department of Information Technology (DoIT) is a cabinet-level executive agency that manages computer systems, planning, hardware, software, and network services.

AA. “Inmate Medical Copay” means a specified dollar amount set by the Board of Corrections to be charged for Inmate-initiated medical services.

BB. “Inmates” means all persons, male and female, residing in Institutions, or admitted or committed to the care and custody of the DOC.

CC. “Institutions” means to all DOC’s Correctional Facilities, including privately or Contractor operated

Institutions where DOC Inmates are housed.

DD. “Mandatory Positions” means those minimum numbers of vital positions that are considered the highest priority for being filled at all times at all facilities such as health administrators, medical directors, physicians, directors of nursing, qualified healthcare Providers, nurses, dentists, psychiatric nurse practitioners, and psychiatrists both at the individual site and regional office.

These positions are generally available to use in covering hours elsewhere at another location at

DOC.

EE. “Medically Indicated” means medical services that a healthcare Provider, exercising prudent clinical judgment, would provide to an Inmate for the purpose of evaluating, diagnosing, or treating an illness, injury, disease, and which is:

▪ Consistent with symptom, diagnosis, and treatment of the Inmate’s condition.

▪ Provided in accordance with generally accepted standards of medical practice and health care standards in Arkansas.

▪ Not primarily intended as cosmetic, for the convenience of the Inmate or the health care

Provider.

▪ The most appropriate level of Facility, supply, or service necessary for the diagnosis and treatment of the Inmate’s condition.

▪ Approved by the appropriate medical body or health care specialty involved as effective, appropriate, and essential for the care and treatment of the Inmate’s condition to diagnose, prevent the worsening of, alleviate, correct, or cure Inmate conditions that endanger life or health, cause suffering or pain, cause physical deformity or malfunction, threaten to cause, or aggravate a handicap, or result in illness or infirmity of an Inmate.

FF. “Medical Classification/Grade” is determined by an Inmate’s medical and/or mental health needs and are based primarily on the chronicity, complexity, intensity, and frequency of interventions and services that are required, as well as an Inmate’s functional capability.

GG. “Medication Assisted Treatment (MAT)” is the use of medications, in combination with counseling and behavioral therapies, to provide a ‘whole Patient’ approach to the treatment of substance use disorders.

HH. “Office of the Secretary” is the executive head of the Department of Corrections, as per Arkansas

Code Annotated § 25-43-403.

II. “Outside Medical Services” means those outpatient services, excluding hospitalization, that are provided by medical personnel not obtained or employed by the Contractor pursuant to the staffing plan, e.g., cardiology specialist, and exclusive of tertiary medical services.

JJ. “Pandemic” means a disease outbreak that spreads across countries or continents. It affects more people and takes more lives than an epidemic.

KK. “Par Level” means the minimum and maximum quality limits that are set for medications and supplies.

LL. “Patient” means any person receiving medical, dental, or mental health treatment from a trained and licensed professional.

MM. “Personal Protective Equipment” means equipment worn to minimize exposure to hazards that cause serious workplace injuries or illnesses.

NN. “Pill Call” means a designated time when medications that must be administered by a licensed nurse are provided for the Inmate population.

OO. “Private Prisons or Facilities” are facilities that are third-party, for-profit, and contracted by a government agency.

PP. “Prospective Contractor” means a responsible offeror who submits a proposal in response to this solicitation.

QQ. “Proposal Submission Requirement” means a task a Prospective Contractor shall complete when submitting a proposal response.

RR. “Prostate Screening” means a prostate specific antigen test.

SS. “Provider” may refer to either a medical doctor or mid-level practitioner, Nurse Practitioner or

Physician Assistant.

TT. “Purified Protein Derivative (PPD)” means a purified protein used in the Mantoux test for Mycobacterium tuberculosis testing.

UU. “Referral” means any specialty, inpatient, outpatient, or laboratory services that a physician, mid-level practitioner, or dentist orders or arranges, but does not provide directly.

VV. The terms “Request for Proposal”, “RFP,” “RFP Solicitation,” and “Solicitation” are used synonymously in this document.

WW. “Requirement” means a specification that a Contractor’s commodity and/or service must meet or exceed in the performance of its contractual duties under any contract awarded as a result of this RFP. These specifications will be distinguished by using the terms “shall” or “must” in the requirement.

XX. “Residential Program Unit (RPU)” means any extended treatment or hospitalization-level unit to provide acute mental health care, that may include involuntary treatment and therapeutic intervention. The residential units, located at the Ouachita River Unit for males and the McPherson unit for females, provide acute and chronic care beds for male and female Inmates with psychiatric conditions which require higher levels of care than in the general population.

YY. “Responsive proposal” means a proposal submitted in response to this solicitation that conforms in all material respects to this RFP.

ZZ. “SOAPE” is an acronym for subjective, objective, assessment, plan, evaluation – a guide to pre-hospital Patient care report writing.

AAA. “Specification” means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of a commodity or services. Specification may include a description of any requirement for inspecting, testing, or preparing a commodity or service for delivery.

BBB. “STAT” means to take action without delay.

CCC. “State” means the State of Arkansas. When the term “State” is used herein to reference any obligation of the State under a contract that results from this solicitation, that obligation is limited to the State Department using such a contract.

DDD. “Telehealth” is a term used herein conventionally and without precise definition, to encompass a broad concept of remote health care that does not always involve clinical services and can include telemedicine and telepsychiatry.

EEE. “Tuberculin Skin Test (TST)” is administered to detect the presence of Mycobacterium tuberculosis, the bacterium that causes tuberculosis (TB).

FFF. “Utilization Management (UM)” means a process of assisting in the planning, coordination, monitoring, and evaluation of medical services for a Patient with emphasis on quality of care, continuity of services, and cost-effectiveness.

GGG. “Working Days” means Monday through Friday, 8:00 a.m. to 4:30 p.m. Central Time, excluding

State Holidays.

1.8 ACRONYMS USED BY AGENCY

Acronym Translation

ACA American Correctional Association

ACC Arkansas Division of Community Correction

ADC Arkansas Division of Correction

ADH Arkansas Department of Health https://www.sos.arkansas.gov/calendar/

ALETA Arkansas Law Enforcement Training Academy

ASP Arkansas State Police

CAP Corrective Action Plan

CMA Certified Medical Assistant

CNA Certified Nursing Assistant

CQI Continuous Quality Improvement

DHS Department of Human Services

DOC Department of Corrections

EHR Electronic Health Record

EMS Emergency Medical Services eMAR Electronic Medication Administration Record eOMIS Electronic Offender Management Information System

FTE Full-Time Equivalent

HSA Health Services Administrator

HSR Health Services Request

IT Information Technology

LPN Licensed Practical Nurse

MAR Medication Administration Report

MAT Medication-Assisted Treatment program

MD Doctor of Medicine

MRC Medical Records Clerk

OMS Offender Management System

OPM On-Person Medications

ORCU Ouachita River Correctional Unit

OSR Outpatient Specialty Referral

OTC Over-the-Counter medications

P&T Pharmacy & Therapeutics Committee

PA Physician Assistant

PIPM Per Inmate Per Month

PPD Purified Protein Derivative

PREA Prison Rape Elimination Act of 2003

RHIT Registered Health Information Technician

RN Registered Nurse

RNP Registered Nurse Practitioner

RPR Rapid Plasma Reagin

RPU Residential Program Unit

SN-D Special Needs Barrack D

SNU Special Needs Unit

SOAPE Subjective, Objective, Assessment, Plan, Evaluation

SCR Sick Call Request

TB Tuberculosis

TSS-OSP Transformation and Shared Services Office of State Procurement

TST Tuberculin Skin Test

1.9 RESPONSE DOCUMENTS

A. All proposal responses must be submitted through ARBuy, the State’s eProcurement system. The system can be accessed at https://arbuy.arkansas.gov.

B. Technical Proposal Packet

1. The Prospective Contractors shall utilize the Technical Proposal Packet to submit their responses.

https://arbuy.arkansas.gov/

2. The following items are Proposal Submission Requirements and must be submitted as part of the Prospective Contractor’s proposal response.

a. Signed Proposal Signature Page. Signature may be ink or digital. (See Technical Proposal

Packet.)

b. Technical Proposal response to the Information for Evaluation section included in the Technical Proposal Packet. Proposal response must be in the English language.

c. Completed Pricing Response. Official Solicitation Price Sheet attached as a separate Excel spreadsheet to the solicitation in ARBuy. Pricing must be in U.S. dollars and cents.

d. Proposed Subcontractors Form. The utilization of any proposed subcontract is subject to approval by the Department.

e. Exceptions Form.

f. Copy of Prospective Contractor’s Equal Opportunity Policy.

3. The following items should be submitted in the original Technical Proposal Packet.

a. EO 98-04: Contract and Grant Disclosure Form.

b. Voluntary Product Accessibility Template (VPAT), if applicable.

4. DO NOT include any other documents or ancillary information, such as a cover letter or promotional/marketing information.

C. Redacted Copy of the Technical Proposal Packet and Completed Pricing Response. One (1) redacted (marked “REDACTED”) copy the Prospective Contractor’s proposal response. (See Section 6 of the Solicitation Terms and Conditions referenced in Section 1.17.)

1.10 ORGANIZATION OF RESPONSE DOCUMENTS

A. It is strongly recommended that Prospective Contractors adhere to the following format and suggestions when preparing their Technical Proposal response.

B. The original Technical Proposal packet should be arranged in the following order:

1. Proposal Signature Page.

2. Proposed Subcontractors Form.

3. E.O. 98-04 – Contract and Grant Disclosure Form.

4. Equal Opportunity Policy.

5. Voluntary Product Accessibility Template (VPAT)

6. Insurance Certificate of Coverage, if available

7. Technical Proposal response to the Information Evaluation section of the Technical Proposal

Packet.

1.11 PRIME CONTRACTOR RESPONSIBILITY

A. The Contractor shall not assign the contract in whole or in part or any payment under the contract without prior written consent from the Department.

B. The Contractor shall give the Department immediate written notice, by certified mail, to the DOC Health Services Administrator of any action which, in the opinion of the Contractor, may result in litigation related in any way to the contract or the State.

1.12 PUBLICITY

A. News release(s) by a Prospective Contractor(s) pertaining to this RFP or any portion of the project shall not be made without prior written approval of the Department.

B. Failure to comply with this Requirement may be cause for a Prospective Contractor’s proposal to be rejected.

C. The Department will not initiate any publicity relating to this procurement action before the contract award is complete.

1.13 PERFORMANCE SECURITY

A. In order to assure full performance of all obligations imposed on a Contractor by contracting with the

State, the Contractor shall provide an original performance security in an amount of ten million dollars ($10,000,000.00) for Comprehensive Medical Services and must be submitted within thirty

(30) Working Days from date of receipt of the State’s public posting of Anticipation to Award a contract. Twenty percent (20%) of performance security must be in the form of a surety bond and the remaining amount a cashier’s/certified check or a standard, irrevocable letter of credit from an Arkansas bank and made payable to the State of Arkansas. The surety bond must be in the form as is usually and customarily written and issued by surety companies and from a surety company licensed and authorized to do business in Arkansas. The performance security must be made out to the State of Arkansas and include the RFP number and contract period. The performance security will be on file with the Transformation and Shared Services Office of State Procurement.

B. In the event of a breach of contract, (i.e., quality problems, late delivery, substitutions, non-performance, not meeting a requirement(s) of the contract) the State Procurement Official will notify the Contractor in writing of the default and may assess reasonable charges against the Contractor’s performance security. If, after notification of default, the Contractor fails to remedy the State’s damages within ten (10) Working Days, the State may initiate procedures for collection against the Contractor’s performance security.

C. The performance security will be released to the Contractor at the end of the contract.

1.14 INSURANCE

A. The Contractor shall obtain, and maintain for the life of the contract, general liability, and professional liability, naming the State of Arkansas as an additionally named insured in the amount of $2,000,000.00 per occurrence and $10,000,000.00 aggregate. The Contractor shall notify DOC within thirty (30) Calendar Days if the policy is modified.

B. The Contractor shall obtain, and maintain for the life of the contract, Worker’s Compensation insurance to meet State of Arkansas statutory limits, which are $100,000 for bodily injury/each accident, $100,000 by disease for each employee, and $50,000 by disease for the policy limit.

C. The Contractor shall provide general liability, professional liability, and Worker’s Compensation insurance, insuring the interests of all parties to the contract against all claims, which may arise out of the Contractor’s operations under the terms of the contract. It is agreed that in the event any carrier of such insurance exercises cancellation, written notice must be made immediately to the DOC of such cancellation and the Contractor’s action to replace that insurance.

D. The Prospective Contractor shall provide proof of the ability to obtain and maintain the following insurance:

1. General liability insurance with limits of not less than two million dollars ($2,000,000.00) each occurrence and ten million dollars ($10,000,000.00) in the aggregate annually.

2. Professional liability insurance with limits of not less than two million dollars ($2,000,000.00) each occurrence and ten million dollars ($10,000,000.00) in the aggregate annually.

3. Worker’s Compensation insurance to meet State of Arkansas statutory limits.

4. Documentation attesting to this requirement must be provided to TSS OSP prior to award of contract and maintained throughout the term of the contract.

5. Demonstrate the ability to defend against Title 42 USC § 1983 and malpractice lawsuits.

6. Show legal insurance or guarantee in writing, a commitment to defend employees sued for good-faith actions taken on behalf of Contractor for at least three (3) years following termination or expiration of the contract.

E. The Contractor shall obtain, pay for, and keep in force the above minimum insurance and must furnish a copy of a Letter of Intent to obtain insurance coverage to the DOC Health Services Administrator, if not already in place. Insurance Certificate of Coverage evidencing that such insurance is in effect must be furnished to DOC within thirty (30) Calendar Days of contract award and remain in effect no less than twelve (12) months after the end of the contract.

1.15 TECHNOLOGY ACCESS

A. When procuring a technology product or when soliciting the development of such a product, the State of Arkansas is required to comply with the provisions of Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, which expresses the policy of the State to provide individuals who are blind or visually impaired with Access to Information Technology purchased in whole or in part with state funds. The Prospective Contractor expressly acknowledges and agrees that state funds may not be expended in connection with the purchase of Information Technology unless that technology meets the statutory Requirements found in 36 C.F.R. § 1194.21, as it existed on January 1, 2013 (software applications and operating ICSs) and 36 C.F.R. § 1194.22, as it existed on January 1, 2013 (web-based intranet and internet information and applications), in accordance with the State of Arkansas technology policy standards relating to Accessibility by persons with visual impairments.

B. Accordingly, the Prospective Contractor expressly represents and warrants to the State of Arkansas through the procurement process by submission of a Voluntary Product Accessibility Template (VPAT) for 36 C.F.R. § 1194.21, as it existed on January 1, 2013 (software applications and operating ICSs) and 36 C.F.R. § 1194.22, that the technology provided to the State for purchase is capable, either by virtue of features included within the technology, or because it is readily adaptable by use with other technology, of:

1. Providing, to the extent required by Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, equivalent Access for effective use by both visual and non-visual means.

2. Presenting information, including prompts used for interactive communications, in formats intended for non-visual use.

3. After being made accessible, integrating into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired.

4. Providing effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means.

5. Being compatible with Information Technology used by other individuals with whom the blind or visually impaired individuals interact, must meet all ADA requirements.

6. Integrating into networks used to share communications among employees, program participants, and the public.

7. Providing the capability of equivalent Access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

C. State agencies cannot claim a product as a whole is not reasonably available because no product in the marketplace meets all the standards. Agencies must evaluate products to determine which product best meets the standards. If an agency purchases a product that does not best meet the standards, the agency must provide written documentation supporting the selection of a different product, including any required reasonable accommodations.

D. For purposes of this section, the phrase “equivalent Access” means a substantially similar ability to communicate with, or make use of, the technology, either directly, by features incorporated within the technology, or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state and federal laws. Examples of methods by which equivalent Access may be provided include, but are not limited to, keyboard alternatives to mouse commands or other means of navigating graphical displays, and customizable display appearance. As provided in Arkansas Code Annotated § 25-26- 201 et seq., as amended by Act 308 of 2013, if equivalent Access is not reasonably available, then individuals who are blind or visually impaired shall be provided a reasonable accommodation as defined in 42 U.S.C. § 12111(9), as it existed on January 1, 2013.

E. If the information manipulated or presented by the product is inherently visual in nature, so that its meaning cannot be conveyed non-visually, these specifications do not prohibit the purchase or use of an Information Technology product that does not meet these standards.

1.16 ACCEPTANCE OF REQUIREMENTS

A. Unless a Prospective Contractor expressly and conspicuously identifies any exception or exceptions to any of the Requirements in all section(s) of this RFP by listing them on the Exceptions Form (See Technical Proposal Packet), Prospective Contractor understands its submission of a proposal to represent that its proposal meets all such Requirements.

B. A Prospective Contractor’s proposal may be rejected if a Prospective Contractor takes exception to any Requirements in any of the section(s) of this RFP.

1.17 ADDITIONAL TERMS AND CONDITIONS

A. Any special terms and conditions included in this solicitation shall override the Solicitation Terms and Conditions located on the OSP website here (Agencies – Forms and Reporting – Solicitation Templates): https://www.transform.ar.gov/procurement/agencies/forms-and-reporting/.

B. Unless a Prospective Contractor expressly and conspicuously identifies any exception or exceptions to any of the terms in the Standard Services Contract by listing them on the Exceptions Form (See Technical Proposal Packet), Prospective Contractor agrees and shall adhere to all terms if selected as the successful Contractor. In order for exception language to be considered, all columns on the Exceptions Form must be completed. Items identified as non-negotiable may only be modified if the legal requirement is satisfied and approved by the State. The Standard Services Contract can be viewed on the OSP website here (Agencies – Services – Forms):

https://www.transform.ar.gov/procurement/agencies/services/.

C. Should there be any exceptions on the Exceptions Form, the evaluation committee will study the proposed language change for incorporation into the contract and make a recommendation to the Board of Corrections.

https://www.transform.ar.gov/procurement/agencies/forms-and-reporting/ https://www.transform.ar.gov/procurement/agencies/services/

D. The language approved by the Board of Corrections, the language of this RFP, and addendums, will become part of the contract document.

SECTION 2 – RFP OBJECTIVES

2.1 OVERVIEW

This RFP is issued for the provision of Comprehensive Medical Services for Inmates, jail detainees, and prisoners sentenced to the care of DOC.

2.2 OBJECTIVES

A. The objectives of this RFP are as follows:

1. To exchange information necessary for the submission and evaluation of competitive proposals submitted by qualified Prospective Contractors.

2. To provide a fair and objective evaluation of proposals.

3. To result in a contract between the successful Prospective Contractor and the DOC that meets the following objectives of this RFP:

a. To deliver Comprehensive Medical Services, excluding inpatient hospitalizations lasting greater than twenty-four (24) hours, Comprehensive Dental Services, and comprehensive mental health services for a population of 16,000 +/- Inmates, 39 +/- jail detainees, 336 +/- Inmates in the custody of ADC who are housed in county jails as part of a program (Act 309 as per AR Code § 12-30-401 et seq), and 1,600 +/- Inmates in the custody of ACC in accordance with proven standards of care, and that meet Arkansas Department of Health and American Correctional Association (ACA) standards. Substance use (excluding MAT) and sex offender treatment programs are not part of this RFP.

b. To operate the Medical Services programs at full staffing, employing certified/licensed and professionally trained individuals.

4. To operate the Medical Services programs in a cost-effective manner monitored by Utilization

Management (UM) and with full reporting and accountability to the DOC Administration.

5. To utilize Medicaid and private insurance as available.

6. To implement a written health care plan with clear objectives, policies, and procedures with ongoing internal and external quality assurance audits, and to ensure staff awareness and compliance with DOC policy and procedure.

7. To maintain an open, collaborative relationship with administration and staff of the DOC, and to accommodate the unique needs of operating in a correctional environment.

8. To offer a comprehensive program for continuing DOC Inmate and security staff training, to provide individual Inmate health education, and to require continuing medical education, correctional training, and Emergency drills for health care staff.

9. To maintain complete and accurate records of care, including electronic medical records, to collect and analyze health statistics on a regular basis, and to report as required to the Division Directors of both ADC and ACC or their designee(s), the Board of Corrections, and to State regulatory boards and commissions as determined by DOC.

10. To operate the Medical Services program in a humane manner with respect to Inmates’ right to reasonable and necessary Medical Services, and to respond promptly and appropriately to Inmate requests and Grievances.

11. To assist in the assessment of Inmate Medical Co-Pays for Inmate self-initiated services.

SECTION 3 – BACKGROUND AND CURRENT ENVIRONMENT

3.1 BACKGROUND AND CURRENT ENVIRONMENT

A. The Department of Corrections Inmate demographics are made up of the following:

1. Sex of Inmates is 91.5% male and 8.5% female

2. Race of Inmates is 54.3% Caucasian, 41.3% African American, 3.4% Hispanic and 0.8% other races.

3. The average age of the Inmates is 40 for males and 38 for females.

B. The custody level of Inmates is made up of the following:

1. Maximum – 34.4%

2. Medium – 22.2%

3. Minimum – 43.3%

4. Unclassified – less than 0.1%

C. The Inmate sentencing data includes the following information from State Fiscal Year 2021:

1. 5,573 total Inmates admitted.

2. 4,566 total Inmates released.

3. 1,238 total Inmates serving life.

4. 27 Inmates serving death.

5. Average juvenile population is 4.

6. Average length of sentence for population is 21 years, 4 months, and 14 days.

7. Average length of sentence for admission is 8 years, 5 months, and 17 days.

8. Average length of time served is 4 years, 11 months, and 6 days.

D. The population numbers are not guaranteed.

E. The Contractor shall provide services at the rate quoted in this RFP, to any additional Inmates housed in ADC or ACC facilities.

F. The DOC guarantees that monthly reimbursements must have a floor of the quoted rate times ninety-five percent (95%) of ADC’s rated capacity and ninety-five percent (95%) of ACC’s rated capacity each month as established or adjusted by the Board of Corrections.

G. The ADC and ACC operate the facilities as listed below.

ADC HOUSING GROUP LOCATION CUSTODY GENDER Rated Bed Capacity

Act 309 AR Code § 12-30- 401 et seq (Statewide)

County Jails Minimum M-F 366

ALETA Camden Minimum M 20

Ark. State Police HQ Little Rock Minimum M 65

Benton Unit Benton Minimum M 325

Cummins Unit Grady Medium/Max M 1876

Delta Regional Unit (ADC) Dermott Minimum/Max M 610

Delta Reg (Co. Jail) Dermott All M 4

East Ark Reg Unit (ADC) Brickeys Medium/Max M 1496

East Ark Reg (Co. Jail) Brickeys All M 35

Ester Unit Pine Bluff Minimum/Max M 579

Grimes Unit Newport Medium/Max M 1012

R. L. Williams Corr Fac Pine Bluff Minimum/Max M 562

Maximum Security Unit Tucker Maximum M 532

McPherson Unit Newport Medium/Max F 924

Mississippi Co Work Rel Cen Luxora Minimum M 133

North Central Unit Calico Rock Minimum/Max M 800

Northwest Ark Work Rel Cen Springdale Minimum M 100

Ouachita River Unit Malvern Minimum/Max M 1837

Pine Bluff Unit Pine Bluff Minimum/Max M 540

Pine Bluff Reentry Pine Bluff Minimum M 54

Texarkana Reg Corr. Center Texarkana Minimum M 128

Tucker Unit Tucker Medium/Max M 612

Wrightsville Unit Wrightsville Minimum/Max M 850

Wrightsville Hawkins Male Wrightsville Medium M 200

Hawkins Unit Wrightsville All M 256

Varner Unit Grady Maximum M 1112

Varner (Super Max.) Grady Maximum M 486

ACC HOUSING GROUP LOCATION CUSTODY GENDER Rated Bed Capacity

Central Ark CCC Little Rock Minimum M 150

East Central Ark CCC West Memphis…