Statewide Outpatient Services RFQ-3rd Round-Final .pdf

So l ic i t a t ion # 23012-3 7 -Feb-25

STATE OF COLORADO JUDICIAL DEPARTMENT

REQUEST FOR QUALIFICATIONS

Statewide Outpatient Services

Notice: Respondents must be registered as a Vendor with the Colorado Judicial Department’s Electronic Bidding System web site to receive addenda, modifications or notices that may affect your proposal. To register visit:

www.bidnetdirect.com/officeofthestatecourtadministratorcoloradojudicial

SOLICITATION NUMBER: 23012-3

TABLE OF CONTENTS

PAGE #

REQUEST FOR QUALIFICATIONS

Section 1. Opportunity

Section 2. Administrative Information

Section 3. Qualification Contents

Section 4. Required Information

Section 5. Evaluation Criteria

Section 6. Scope of Work for Juvenile and Adult

Section 7. Inquiries

Section 8. Sample Contractor Agreement

Exhibit A. Scope of Work

Exhibit B. Pricing, Compensation, and Payment Schedule

Exhibit C. Pricing Response Section

Exhibit D. Special Provisions

Exhibit E. Acknowledgment And Attestation Statement http://www.bidnetdirect.com/officeofthestatecourtadministratorcoloradojudicial

Section 1. Opportunity

A. Summary: The State of Colorado Judicial Department, by and through the Judicial District’s Problem-Solving Courts

(PSC) and Probation Department (Probation), referred to herein as “the Judicial Department, or the Department” issues this 3rd round statewide Request for Qualifications (RFQ) for the purpose of contracting with, and creating a list of, qualified providers of outpatient services for adult and juvenile probationers, referred to herein as “probationers,” being supervised by the Judicial Districts, PSCs, and/or Probation. Outpatient services include but are not limited to treatment services in the fields of substance use, mental health, DUI, domestic violence, cognitive behavioral therapy, specialized treatment, and case management, but excludes such services as inpatient and sex offender evaluation and treatment (A more exhaustive list of possible services may be found on the Judicial Website dedicated to this solicitation). Contractor providing services and/or indicating that you provide the specific services below, you are attesting that you meet all licenses and certification requirements from DORA, OBH and/or the DVOMB.

Respondents do not need to provide services in all areas to be eligible for award. Providers are NOT required to serve the entire State, but may, if they are able to do so. Though statewide, services for this round are primarily intended for the use of the following Districts:

3rd, 6th, 7th, 9th, 11th, 12th 13th, 15th, 16th, 21st, 22nd, and 23rd Judicial Districts.

Vendors may respond if interested in performing services in any District within the State of Colorado. Please note which

Districts you are able to perform work in on your price response sheet where indicated. If awarded in the first round and/or second round, you do not need to submit for additional rounds. Contact the Judicial Department to add any districts to your services.

Other Districts may utilize the list of qualified providers at any time during the term of the resulting Agreements by executing Participating Addendums with the awarded provider(s). Districts are not required but may choose to utilize the services of providers who are awarded Agreements. If a District chooses to utilize the services under an Agreement, then the provider will be notified by the District directly. The Judicial Department makes no guarantee to order any quantities of services to any awarded providers. A more detailed background and a scope of work is posted below in

Section 5.

Upon completion of the RFQ and interview process, the Judicial Department may execute Master Agreements with all or none of the qualified Respondents, as determined by the Judicial Department. After the 3rd round RFQ process, the

Judicial Department may reopen this RFQ to accept submissions from additional providers, to be evaluated on a rolling basis. The Judicial Department is not required, but may, reopen this RFQ. The Judicial Department reserves the right to end or cancel any rolling submission period at its discretion and is not required to execute additional Agreements to add providers to the qualified providers list. Any Respondents who did not qualify during the previous rounds of the RFQ process may reapply when or if the RFQ is reopened, provided changes have been implemented to bring their organization into conformance with the requirements of this RFQ.

The Agreements resulting from this RFQ process are intended to supersede any Agreements that did not result from previous Statewide Outpatient Services solicitations.

B. Agreement Term: The Judicial Department anticipates an agreement that commences as of the date of execution and expires May 31, 2030 with no renewal options.

C. Agreement Value: The Judicial Department shall negotiate, with the qualified Respondent(s), a maximum amount payable under the awarded Master Agreement for the entire term. Budget figures are determined by Districts and are for amounts payable by each of the Districts that participate in the awarded Master Agreements and does not include payments that may be made directly by the client, third party insurance or Medicaid or Medicare. Any additional Districts https://www.coloradojudicial.gov/outpatient-services-request-qualifications that enter into Agreement’s as a part of this RFQ will have additional monies specific for that Agreement, but those values are not known at this time.

Section 2. Administrative Information

A. Electronic Bidding System: The Request for Qualifications and accompanying documents are available on the Judicial

Department’s Electronic Bidding System.

B. Technical Assistance: Technical problems with the Judicial Department’s Electronic Bidding System should be submitted to BidNet Direct at (800)835-4603. The Help Desk is available Monday through Friday 6:00 AM to 6:00 PM

Mountain Standard Time.

C. Notices: The Judicial Department will post notices to the Electronic Bidding System which will include, but not be limited to, any modifications to administrative or performance requirements, answers to pertinent inquiries received, clarifications to requirements, and the announcement of the apparent winning Respondent(s). It is incumbent upon

Respondent(s) to carefully and regularly monitor the web site for any such postings. The notification will be made available via the web site in the form of a “modification”, as published under the original solicitation number.

D. Administrative Errors and Requirement Waiver: The Judicial Department reserves the right to waive or seek correction on any administrative errors submitted by vendors in their response. Further, the Judicial Department reserves the right to waive or modify any requirement if it is in the best interest of the Judicial Department so long as the waiver or change is applied equally to all Respondents.

E. Submittal: Request for Qualifications must be received by the date and time indicated within the Electronic Bidding

System to be considered for award. Qualifications must be submitted electronically via the Electronic Bidding System.

Late Request for Qualifications and Request for Qualifications received by any other means will not be accepted or considered for award. It is the Respondent’s responsibility to ensure that they leave adequate time to submit all materials electronically. The Electronic Bidding System will not allow submissions to be entered after the due date and time.

F. Qualification Validity: Respondent’s qualifications shall remain valid for one hundred eighty (180) calendar days from the final date qualifications are due for submission. By submission of qualifications, Respondents guarantee that their offer is firm for one hundred eighty (180) calendar days from the due date. If an award is not made during that period, each Respondent shall automatically extend its offer for an additional one hundred twenty (120) days, unless Respondent indicates otherwise in writing to the Judicial Department at least thirty (30) days prior to the last day of the original one hundred eighty (180) calendar day validity period.

G. Requests for Confidential/Proprietary Information: Any requested restrictions ON the use or inspection of material contained within the Qualifications must be clearly stated in the Qualifications itself. Written requests for confidentiality must be submitted by the Respondent with the qualifications. The Respondent must state specifically what elements of the qualifications are to be considered confidential/proprietary. Confidential/proprietary information must be readily identified, marked with the solicitation number, and separated from the rest of the qualifications. Co-mingling of confidential/proprietary and other information is NOT acceptable. Under no circumstances can an entire qualification, or qualification price information be considered confidential and proprietary. Any information that will be included in any resulting agreement cannot be considered confidential/proprietary.

The Judicial Department will make a written determination as to the apparent validity of any written request for confidentiality. In the event the Judicial Department does not concur with the Respondent’s request for confidentiality, the written determination will be sent to the Respondent.

After the intent to award, the Request for Qualifications will be open to public inspection subject to any continued prohibition on the disclosure of confidential data.

H. Opening of Request for Qualifications: No public bid opening will occur. The Electronic Bidding System will maintain a list of all Respondents that becomes viewable after the submission date.

I. Oral Presentations/Site Visits/Discussions: Following the initial screening of Request for Qualifications, the Judicial

Department reserves the right to require site visits, oral presentations or other discussions (Written or Oral) with individual Respondents. The purpose of any such discussions will be to promote understanding of the Judicial

Department’s requirements and the Respondent’s qualifications and may result in modifications of commodities or services offered. No information derived from competing Request for Qualifications will be disclosed during such discussions. Any resulting changes to the initial qualifications must be submitted and confirmed in writing by the

Respondent. The cost of any site visit, oral presentation or other discussion shall be paid by the Respondent for the entire evaluation committee. If the Judicial Department determines that interviews or presentations are required, selected proposers will be notified in writing of the date, place, time and format of the interview or presentation. Failure to participate in such interviews or presentations shall result in a Respondent’s disqualification from further consideration.

If the Judicial Department desires to enter into oral presentations, site visits, or discussions they will do so with one or more proposers, at their discretion.

J. Negotiations: If the Judicial Department desires to enter into negotiations, they will do so with any or all Qualified

Respondents. If the Judicial Department enters into negotiations and no agreement is reached with one Qualified

Respondent, the Judicial Department will cease negotiations with that Respondent but may continue with the other

Qualified Respondents. The Judicial Department reserves the right to award the Project, if any, without negotiations. The

Judicial Department has the right to accept all, or a portion of the services, and to modify the name or unit of measure for the services and pricing stated in Exhibit G.

K. Cancellation of Request for Qualifications: The RFQ may be cancelled in whole or in part either before or after opening of Request for Qualifications, at any time prior to execution of the agreement, if the Judicial Department determines in writing that such action is in its best interest, for reasons including but not limited to:

1. The supplies or services being procured are no longer required;

2. Funds for the procurement will not be available;

3. The RFQ contained ambiguous or inadequate specifications;

4. The RFQ did not provide for consideration of all significant factors;

5. Prices exceed available funds, and it would not be appropriate to adjust quantities or qualities to come within available funds;

6. All otherwise acceptable Request for Qualifications received are at clearly unreasonable prices, or;

7. There is reason to believe that the Request for Qualifications may not have been independently arrived at in open competition, may have been collusive, or may have been submitted in bad faith.

L. Notice: When a solicitation is cancelled, notice of cancellation shall be posted on the Electronic Bidding System.

M. Disposition of Qualifications: When qualifications are rejected or a solicitation is cancelled after qualifications are received, the qualifications, which have been opened, shall be retained in the procurement file. Qualifications, which have not been opened, shall either be returned to vendors (upon request) or shall be disposed.

N. Assignment and Subcontracting: If the Respondent intends to use subcontractors to perform any of the requirements in the Scope of Work, then these subcontractors must be listed as a part of the Qualification see “Exhibit F. List of

Subcontractors”. Subcontractors may not be changed without written approval from the Judicial Department.

O. Judicial Department’s Standard Agreement: The successful Respondent(s) must execute the Judicial Department’s contractor agreement. A sample version of the contractor agreement is attached at Section 8, below. The contractor agreement contains language which is standard to all Judicial Department agreements and generally is not negotiable.

Exceptions taken to the contractor agreement language may affect the responsiveness of a Respondent’s qualification and prevent that Respondent from advancing in the evaluation process. Where a potential Respondent takes exception to contractor agreement language, the Respondent must provide the rationale supporting each exception, prepare and propose amended or substitute language and submit such information as “Exceptions to Agreement” with its qualifications. If a potential Respondent takes exception pursuant to the process outlined above, is informed by the

Judicial Department that the proposed amended or substitute language is unacceptable, and thereafter cannot accept the contractor agreement language, then it is recommended that the Respondent not participate in this RFQ process. An award to a Respondent shall not be construed as acceptance by the Judicial Department of any Exceptions to Agreement noted by the Respondent. Instead, the Judicial Department may consider, accept, or reject a Respondent’s proposed additions, deletions, or modifications to the Standard Agreement when preparing the agreement to be signed by both

Parties.

P. Evaluation and Selection Process: This RFQ process is being undertaken to enable the Judicial Department to identify and recommend one or more qualified Respondents who have submitted qualifications to provide the services that are the subject matter of this RFQ process. A preliminary review of the basic responsiveness of the qualifications will be conducted to ensure all requirements of the RFQ have been met.

1. Submittals not meeting requirements of eligibility or completeness will be deemed ineligible and will be eliminated from further consideration. The Judicial Department reserves the right to seek clarification and accept or waive any nonmaterial irregularities or informalities in determining whether or not a submittal is eligible. Eligible and complete submittals will be reviewed based on the criteria for providing the required services outlined in the Scope of Work found in Exhibit A. The Judicial Department reserves the right to contact the primary contact person listed on the

Respondent’s cover letter to clarify submittal contents.

2. An evaluation committee will judge the merit of qualifications received according to the evaluation criteria defined in the RFQ. The committee will make a recommendation as to which respondents meet the required qualification standard that will be reviewed for approval by the contract owner or committee chair.

3. Failure of the Respondent to provide any information requested in this RFQ may result in disqualification of the qualifications.

4. The sole objective of the evaluation committee will be to recommend all qualified Respondents as determined by the

Judicial Department. The specifications within this RFQ represent the minimum performance necessary for an acceptable response.

5. During or after the evaluation of written qualifications, discussions may be conducted with Respondents who submit qualifications determined to be likely of being qualified. The evaluation committee may request a meeting if clarification discussions are needed. The evaluation committee may short-list Respondents to this RFQ in an effort to identify the qualified Respondents, who may then be requested to interview with the Committee. After the discussions and/or interviews, the qualifications will be determined on the same criteria and the qualified Respondents will be recommended by the evaluation committee to begin contract negotiations.

6. Specific evaluation criteria are outlined in the section entitled Evaluation Criteria.

7. Agreement(s) may be awarded to all or none of the Respondents whose qualifications, conforming to this RFQ, meet the qualifications standard as determined by the Judicial Department, price not being considered.

Section 3. Qualification Contents

Respondents are required to follow the format and process specified below. The content of the qualifications must be clear, concise and complete. Qualifications not submitted in the manner described herein may be considered non-responsive and be subject to rejection. Each section of the qualifications shall be organized to correlate with the following sections:

A. Qualification Page Limit: The qualifications shall be limited to a maximum of twenty (20) pages of text. The page count does not include: Respondent’s cover page/letter; the Attachments, including the Exhibits listed below in letter C., and if applicable, financial assurances, resumes, table of contents and section dividers.

B. Cover Letter: Not to exceed two (2) pages and shall include the following:

1. Respondent Contact Information: Provide the name, title, telephone and email of the personnel responsible for the primary communication with the Judicial Department regarding Respondent’s qualifications;

2. Understanding of Requested Services: Provide a brief statement indicating Respondent’s clear understanding of a commitment to the provision of services as specified in this RFQ;

3. Potential Conflicts: Provide a brief statement as to whether Respondent and/or Respondent’s partners, subcontractor(s), joint venture associates, or any other individual or entity of Respondent’s team has any potential conflicts that may arise in the performance of the services requested in this RFQ. To be evaluated per Section 5, C.

below;

4. Agreement Exception: Provide a brief statement indicating whether Respondent does or does not take exception to the Judicial Department’s draft contractor agreement as stated in Section 7. of this RFQ. If Respondent takes exception to the language in the contractor agreement, Respondent must create an additional attachment labeled

“Exceptions to Agreement” and submit it with its qualifications; and

5. Subcontractors: If the Respondent utilizes subcontractors to perform the requested services, provide the name and additional information of the subcontractor’s firm(s) on the spreadsheet titled Exhibit F. List of Subcontractors, if any.

6. Medicare/Medicaid: Provide a brief statement as to whether Respondent participates in or accepts reimbursement from Medicaid and/or Medicare. To be evaluated per Section 4, I. below;

C. Attachments: Each qualification shall be submitted with the following completed attachments, blank copies of which are provided as separate documents in this solicitation:

1. Business Organization Statement; (provided on BidNet)

2. Affidavit of Non-Collusion; (provided on BidNet)

3. Exhibit C. Pricing Response Section; (page 26 herein)

4. Exceptions to Agreement, if needed; (provided on BidNet)

5. Exhibit E. Acknowledgment and Attestation Statement; (page 28 herein)

6. Exhibit F. List of Subcontractors, if any; (provided on BidNet)

7. Exhibit G. Vendor Price Sheet; (provided on BidNet)

8. Outpatient Services RFQ #23012-3 Checklist. (provided on BidNet)

D. Detailed Description of Respondent’s Qualifications, Experience and Fees to perform the requested services:

Provide all information requested in Section 4 below entitled “Required Information” and Section 5 below entitled

“Evaluation Criteria”. Fees/Costs shall not be evaluated.

Section 4. Required Information

To be considered complete, your qualification packet must include all of the following items, or the submittal will be deemed incomplete:

A. Company information including business details and primary contact person.

B. State of Colorado locations/local addresses (established site or office)

C. Certificate of Insurance matching contractual requirements (show sample proof with submittal)

D. Provide W9 - Must have a Federal Tax ID number/employer identification number (EIN) and in good standing with

State of Colorado

E. For Mental Health Services- Confirm that Evaluator has a Master’s degree in Psychology or social work AND is licensed (LPC, LCSW, LMFT) or has a doctorate in psychology (PhD or Psy.D). Note all mental health expert witness and evaluation fees must comply with Chief Justice Directive (CJD) 12-03.

F. List availability of Spanish speaking or Language Other than Spanish (LOTS) services.

G. Provide a summary describing methods used to protect all participant/client confidential information. This information will become an exhibit to any agreement resulting from the solicitation award.

H. Do you offer Medicated Assisted Treatment (MAT)? If so, describe the services offered, established protocols, psycho-social treatments that are available and the funding source for MAT services.

I. Does your program accept Medicaid/Medicare? If so:

1. Are processes in place to assist the uninsured in accessing insurance coverage, through either Medicaid or the federal/state insurance exchanges?

2. Does the provider have a system for determining whether an individual has insurance or is eligible for Medicaid and or Medicare?

3. Does the program offer medication assisted therapies conformant to the Medicaid formularies?

4. Does the program assess individuals in a manner to ensure medical necessity in conformance with

Medicaid/Medicare protocols?

5. Are the treatment modalities offered in conformity with the state Medicaid plan?

Section 5. Evaluation Criteria

Pass/Fail Criteria: To be considered complete, your qualification packet must include all of the following items, or the submittal will be deemed incomplete:

A. Contractor shall complete the written attestation at Exhibit E, certifying that Contractor, the Contractor’s personnel and/or their subcontractors possess the necessary professional licenses and certifications, active and in good standing, that are required to perform the services specified in the Agreement. Contractor must identify in the attestation each license and/or certification held in the format and blanks provided. Contractor is NOT required to submit copies of licenses or certification at this time. The Department may request proof of licensure and/or certification at any time for Contractors under contract. Contractors that are unable to demonstrate compliant licensure or other certification may be subject to suspension or termination of the Agreement.

1. Contractor must further certify in the Exhibit E. written attestation that Contractor is in good standing with the

Office of Behavioral Health (OBH) or the new Behavioral Health Administration (BHA) per House Bill 22-1278, if so required for the services being performed. OBH and BHA requirements may be subject to further development and updates. Awarded Contractors must continue to adhere to OBH and BHA standards as they may be amended and updated.

2. Contractor shall attest the appropriate licensure number(s) by the Department of Regulatory Agencies (DORA) for the level of services the Contractor’s personnel and/or their subcontractors intend to provide to persons involved in the criminal justice system and that the individual is in good standing.

3. For all Domestic Violence Contractors, Contractor shall attest to a letter from the Domestic Violence Offender

Management Board (DVOMB) for the level of services the Contractor’s personnel and/or subcontractors intend to provide to persons involved in the criminal justice system and that the individual is in good standing.

B. Outpatient Services provided within the state of Colorado.

C. Complete explanations of any conflicts of interest with the Colorado Judicial Department. Conflicts of interest may include but are not limited to whether a current or former employee of the Department serves as Respondent’s director, president, general manager, or similar executive officer or owns or controls directly or indirectly a substantial interest in Respondent.

Section 6. Scope of Work for Juvenile and Adult

The Scope of Work below is intended to describe the Judicial Department’s needs and objectives. The final Scope of Work in any resulting agreement will be negotiated between the Department and the awarded contractor(s), considering this Scope of Work, the Respondent’s proposal and other factors.

1. Purpose: The State of Colorado Judicial Department, by and through the Judicial District’s Problem Solving Courts

(PSC) and Probation Department (Probation), referred to herein as “the Judicial Department,” issues this statewide

Request for Qualifications (RFQ) for the purpose of contracting with, and creating a list of, qualified providers of outpatient services for adult and juvenile probationers, referred to herein as “probationers,” being supervised by the

Judicial District’s PSC’s and/or Probation Departments. Outpatient services include but are not limited to treatment services in the fields of substance use, mental health, DUI, domestic violence, cognitive behavioral therapy, specialized treatment, and case management, but excludes such services as inpatient and sex offender evaluation and treatment (A more exhaustive list of possible services may be found on the Judicial Website dedicated to this solicitation).

2. Scope of Contractor’s Responsibilities, Contractor-Provided Services, and Contractor-Provided Deliverables:

A. Specified Services:

1) Outpatient services for adult and juvenile probationers referred to herein as “probationers” being supervised by the Judicial District Probation Departments (also known as the Probation Department) and/or the Judicial District

Problem Solving Courts (also known as PSCs) as described below (Awarded contractor’s list of provided services will be inserted into this section detailing all the services offered by the awarded contractor).

2) Additional Services: If and when Department requests Contractor to provide services in addition to those specified above, Contractor shall develop a work plan detailing the specific tasks to be completed and providing a detailed not-to-exceed budget for performing such tasks. Contractor shall not perform any Additional Services until Department has issued a written notice-to-proceed with the execution of the work plan. Contractor will not be authorized to perform or invoice Department for any work not specifically authorized in the Department’s notice-to-proceed.

B. Qualification of Program and Personnel:

1) Where applicable, Contractor shall provide all services, in compliance with all standards and regulations of the appropriate regulatory agencies (e.g. OBH, BHA, DORA, DVOMB). Contractor shall provide outpatient services to referred probationers and maintain all appropriate certifications based on standards established by the Colorado

Office of Behavioral Health or the new Behavioral Health Administration per House Bill 22-1278.

2) Contractor shall have on staff as employees, independent contractors, or agents, one or more persons who are fully qualified to perform the professional services required hereunder.

3) Contractor shall immediately notify Probation and/or PSCs if Contractor is ever not in good standing with the

Office of Behavioral Health, the new Behavioral Health Administration or the Department of Regulatory https://www.coloradojudicial.gov/outpatient-services-request-qualifications

Agencies. Contractor shall also promptly notify Probation and/or PSCs if it or a licensed professional counselor who performs the services is no longer in good standing with any agency from which they receive professional licenses or board approval or by which they are regulated. Contractor shall promptly arrange for the services of a substitute professional counselor if required by Probation and/or PSCs.

4) Contractor shall notify Probation and/or PSCs of any change in its assignment of licensed professional counselors, and upon request, Contractor shall provide copies of any staff member’s qualifications, professional licenses, biographical summaries, accreditations, or other relevant information.

5) Contractor shall promote the highest level of program standards and communication and follow any quality assurance measures adopted by the Judicial District Probation Department and/or the Judicial District Problem

Solving Courts.

6) Contractor shall promptly advise Probation and the PSCs of any change in its business such as but not limited to, a merger, acquisition, dissolution, name change. If awarded, Contractor shall not assign this Agreement or any of the Contractor’s duties hereunder without the prior express written approval of Probation and the PSCs.

7) Treatment Evaluations: Contractor(s) (treatment/service provider) will perform treatment evaluations and complete a written report or summary of said evaluation within thirty (30) days of intake. These will be maintained for each client and will be made available to the supervising Probation Officers.

i. Contractor shall provide a written explanation of the treatment modality utilized in the outpatient treatment program including a detail of the amount of treatment hours the probationer will receive per week along with what type of activities will occur when probationer is not receiving treatment.

Contractor shall maintain all appropriate records.

ii. Aftercare: Contractor shall provide a discharge plan to probationers and the supervising Probation

Officer upon completion of treatment.

iii. Whenever possible, prior to making a referral for outside services, Contractor shall inform

Probation and/or PSC Coordinator about any referrals for adjunct services/needs and obtain

Probation’s and/or PSC Coordinator’s approval.

iv. An online referral process is the preferred method.

v. Contractor shall provide any specialized tools that may be needed to perform the services, except that the Probation and/or PSC may provide any necessary supplies or equipment as agreed by the

Parties.

8) Contractor shall follow evidence-based practices and treatment modalities.

9) Contractor shall provide, in writing, the basic philosophy or model from which Contractor operates, upon request of Probation or the PSCs.

10) Treatment Plans: Contractor(s) shall create treatment plans with probationer input within 30 days of intake. These shall be maintained for each probationer in their treatment records and shall be provided to the supervising

Probation Officer and PSC team members upon request.

11) Contractor may use a Treatment Plan developed within their agency; however, it must include at least the following:

i. Treatment Level

ii. Treatment Contacts

iii. Treatment Objectives/Modalities

iv. Identified strength of the probationer

v. Two to three client goals to reduce risk based on client assessments and/or criminogenic risk/needs

(criminogenic risk/needs should be identified by an actuarial risk assessment completed by

Probation and/or the treatment provider)

vi. A goal to develop a Personal Change Plan

vii. A goal to develop an Aftercare Plan

viii. Treatment plans shall be developed with the probationer and will include a date and the probationer’s signature

12) Contractor shall maintain fidelity to the curriculum that is being presented.

13) Contractor shall obtain appropriate releases of information, if required.

14) Contractor shall provide a written explanation of the treatment modality utilized in the outpatient treatment program including a detail of the amount of treatment hours the probationer will receive per week along with what type of activities will occur when probationer is not receiving treatment. Contractor shall maintain all appropriate records.

15) Aftercare: Contractor shall provide a discharge plan to probationers and the supervising Probation Officer upon completion of treatment.

16) Whenever possible, prior to making a referral for outside services, Contractor shall inform Probation and/or PSC

Coordinator about any referrals for adjunct services/needs and obtain Probation’s and/or PSC Coordinator’s approval.

17) An online referral process is the preferred method.

18) Contractor shall provide any specialized tools that may be needed to perform the services, except that the

Probation and/or PSC may provide any necessary supplies or equipment as agreed by the Parties.

19) No additional charges may be incurred for language interpretation fees. (These must be built into providers cost of doing business).

20) If awarded, Contractor shall notify the Probation Department of any action that is being taken against the license of any listed evaluator during the term of the Agreement.

21) Whenever possible, prior to making a referral for outside services, Contractor shall inform Probation about any referrals for adjunct services/needs and obtain Probation’s approval.

C. Curriculum/Treatment for Domestic Violence Probationers:

1) Domestic Violence Treatment Evaluations for probationers who have been adjudicated, delinquent, convicted, and/or received a deferred sentence.

2) Domestic Violence Treatment for Level A (low intensity) offenders.

3) Domestic Violence Treatment for Level B (moderate intensity) offenders.

4) Domestic Violence Treatment for Level C (high intensity) offenders.

5) Intake and Evaluation/Assessment.

6) Treatment Services.

7) Treatment Evaluations.

8) Progress Reports.

9) Termination/Discharge.

D. Curriculum/Treatment for Non-Domestic Violence Probationers:

1) For Driving Under the Influence/Driving While Ability Impaired Probationers - Contractor shall provide DUI treatment to fidelity and in accordance with treatment standards as defined by OBH or the new BHA per House

Bill 22-1278.

E. Curriculum/Treatment for Mental Health:

1) Evaluation to determine if there is a diagnosis and if treatment is needed.

2) A structured interview process must be utilized and include chief complaint, presenting problem, education and employment history, individual strengths, mental health history, physical health history, psychosocial and substance abuse history, clinical impressions, cultural factors, DSM diagnosis and treatment recommendations.

3) Evaluations must be in a professional format that may be attached to a presentence or Court report and become an official part of a legal record.

4) Contractor shall provide a written explanation of the treatment modality proposed to treat the offender including whether further evaluation for psychotropic medication or additional psychiatric or neurologic testing. Evaluation must provide recommendations regarding treatment needs.

5) It is preferred the contractor complete evaluation and provide it to the Probation Department within 3 weeks of referral. Contractor shall notify the referring probation officer via e-mail, if the evaluation is not able to be completed within the 3-week timeframe.

6) Contractor shall notify the referring probation officer and the designated probation supervisor, via e-mail, within one business day if the referred probationer fails to appear for said evaluation.

7) Contractor shall serve as an expert witness when called upon by the Courts or Probation Officer to do so.

8) Chief Justice Directive 12-03 shall apply to expert witnesses and mental health professionals conducting examinations or evaluations (with or without subsequent testimony), who are entitled to compensation paid by the Colorado Judicial Department pursuant to Colorado Revised Statutes section 13-33-102(4), section 15-14-

306 when respondent is indigent, section 16-8-103, section 16-8-106, section 16-8-108, sections 16-8.5-101-16-

8.5-114, section 18-1.3-1104, section 19-1-104(3)(a), section 19-2-1302, and section 19-3-607. These terms are subject to change based on future amendments to the Directive. https://www.coloradojudicial.gov/supreme-court/chief-justice-directives.

F. Reporting And Communication:

1) Although there are many systems of communication (e.g., phone calls, email, fax, mail, ReliaTrax, etc.), the

Contractor should identify with the local jurisdiction a preferred means of correspondence when exchanging various information and required correspondence. All communication should be well documented and kept confidential according to Health Insurance Portability and Accountability Act (HIPAA) regulations.

2) On an annual basis, Contractor shall report to the Department the Contractor's average daily program population for the previous year. For purposes of this reporting requirement, Contractor is not expected to differentiate and report the average number of clients referred by the Department, but instead may report on the total number of clients to which it provides services.

3) Contractor shall allow Probation Officers/PSC Coordinators to attend and observe group sessions as requested.

4) Contractor shall meet with Probation Officers and PSC team members upon request as needed for Case

Management Services, which include but are not limited to participation in case management team meetings, multi-disciplinary treatment team meetings, team staffing, and in-court hearings. The PSC or Local Probation

Office shall schedule and place an order for any such meeting participation to Contractor in writing, in advance.

The PSCs and Local Probation Offices have differing purposes, functions, and needs for Case Management

Services.

5) Contractor shall, upon request, provide the Probation Officer or PSC Coordinator with a copy of any reports (i.e.

Intake Evaluations, Treatment Contracts, Treatment Agreements or Individualized Treatment Plans), within two

(2) business days after receipt of the request.

6) In the event Contractor provides written documentation of any kind (i.e. reports, letters, memos, etc.) to the probationer or the court, regarding probationer’s treatment or Contractor’s evaluation of probationer’s efforts and/or compliance with treatment, Contractor shall provide a copy of such documentation to Supervising

Probation Officer and PSC team members as needed. Any documentation provided to probationer by Contractor will be submitted to the primary probation officer within one business day, or prior to any matter the probationer has set before the court, whichever occurs first.

7) For non-PSC probation clients, Contractor shall provide the probation officer with an individualized monthly progress report no later than the 10th day of the month for each probation-involved client. Monthly progress reports must include the following information:

i. Initial Evaluation/Intake Date

ii. Information regarding the number and type of treatment sessions attended during the specific reporting month.

iii. Number of sessions attended since the start date.

iv. Progress of treatment plan/competencies

v. Participation

vi. Motivation

vii. Recommendation for adjunct services (as needed) https://www.coloradojudicial.gov/supreme-court/chief-justice-directives https://www.coloradojudicial.gov/supreme-court/chief-justice-directives

viii. Fee compliance (delinquent or current)

ix. MAT compliance (if applicable)

x. Any issues or concerns

8) For PSC Probation Clients, Contractor shall provide the probation officer with an individualized update at least

24 hours prior to each PSC court appearance. The exact time frames required will be agreed to between each PSC and Vendor. PSC probation updates must include the following information:

i. Dates and types of treatment sessions scheduled since the client’s last court appearance;

ii. Client attendance;

iii. MAT compliance (if applicable);

iv. Contractor may be required to be present in court during docket days; and

v. Any issues or concerns

9) Contractor shall notify the referring probation officer and the designated probation supervisor, within 24 hours, via phone call and email, if the referred probationer fails to appear for services or is discharged from services for non-compliance.

10) Unsatisfactory discharge summaries will identify the following:

i. Reason for discharge

ii. Date of discharge

iii. Date of MTT (if applicable)

iv. Treatment goals that were not addressed

v. Any efforts used by Contractor to engage the probationer (e.g. positive/negative reinforcements).

11) Contractor shall notify the referring probation officer and the designated probation supervisor, within 24 hours, via phone call and email, of any concerns about the probationer or the probationer’s non-compliance with treatment (e.g. missed 1:1 treatment session, escalation in risk level, etc.).

12) For Domestic Violence Probationers: Contractor shall recognize the Probation Officer as a member of the MTT and shall seek input from, and collaborate with, the Probation Officer during required MTT sessions as outlined in the DVOMB Standards. Contractor shall not work independently and shall seek collaboration on the MTT in order to prevent Probationer triangulation and promote containment.

13) Contractor shall return any phone calls or electronic communication from Probation or PSC staff within two (2) business days.

14) Contractor shall report any changes in intake times or locations to the PSC coordinator and/or supervising

Probation Officer in writing via e-mail prior to the actual change.

15) Notify the Department of any contingency plan.

16) Contractor shall make available the results of differential assessments to the supervising Probation Officer and/or

PSC coordinator upon request. Differential assessments may include but are not limited to those that measure:

i. Risk/criminogenic needs

ii. Alcohol/drug use

iii. Motivation

iv. Mental health

v. Cognitive functioning

vi. Client self-assessments

3. Non-financial Obligations of the Judicial Department:

A. Specified Obligations: Local Probation Department/PSC Program shall be responsible for the referral of probationers to Contractor for services, but there is no guarantee of referral or a specific amount of referrals to Contractor.

i. Probation/PSC shall obtain all necessary Releases of Information (“ROI”) and provide Contractor with pertinent Probationer information.

ii. As needed, the Department will participate in developing the treatment plan for each referral.

iii. The referring Local Probation Department/PSC Program will provide the proper referral information in a timely manner to Contractor. Such information may include but is not limited to:

1. Release of Information

2. Police/Offense Report

3. Presentence Investigation Report (if available) or Assessment Summary Report (ASR if available) or Juvenile Assessment Summary Report (JASR if available)

4. Assessment results (i.e. YLS, LSI, ASUS, SUS.R, DVSI, etc.), special needs and special program information

5. Victim Impact Statement (when appropriate)

6. Agency Referral Packet

iv. The referring Local Probation Department/PSC Program will provide the Participant’s assessment information (according to policy and release of information) to Contractor to assist with identifying the Participant’s protective factors, strengths and criminogenic risk/needs.

v. Local Probation Department and/or PSC Program will work with Contractor to reduce barriers

(e.g. financial, transportation) to treatment success.

vi. The referring probation officer and/or PSC coordinator shall respond to all correspondence requesting contact from Contractor within two (2) days

vii. The referring probation officer and/or PSC coordinator shall inform Contractor of concerns related to probationers (e.g. significant or on-going non-compliance, significant life changes, new crime, or changes in risk).

viii. Department and Local Probation Department and PSC Program do not have a duty or obligation to refer probationers to Contractor; however, once a referral to Contractor is made all duties stated herein for Contractor, Department, and the referring Local Probation Department and/or PSC

Program shall be performed.

Section 7. Inquiries

A. RFQ/Addenda Questions: If discrepancies or omissions are found by any Respondent or there is doubt as to the true meaning of any part of the RFQ, a written request for clarification or interpretation shall be submitted before the deadline as indicated on the Electronic Bidding System. Questions submitted after this time will not be considered. Any clarification or interpretation or change to the RFQ will be by electronic written addendum posted to the Electronic

Bidding System. The Department is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by electronic written addendum posted to the Electronic Bidding System. Any addenda so issued are to be considered a part of the RFQ document.

THE DEPARTMENT, ITS OFFICERS, AGENTS, AND EMPLOYEES WILL NOT BE RESPONSIBLE FOR ANY

ORAL INSTRUCTION, MODIFICATION, OR CLARIFICATION RELATED TO THIS RFQ. RESPONDENTS

SHALL NOT RELY UPON ORAL COMMUNICATIONS.

B. Other Communications: After the date of the Solicitation publication through the final award, any Respondents who conduct or arrange for any communication regarding this solicitation, not provided for in this RFQ with the Chief Justice, State Court Administrator, District Administrator’s, Chief Probation Officers, any Judicial employee or member of the

Panel regarding this RFQ or the RFQ process may be disqualified. All communications must be directed to the

Purchasing Agent listed on the Judicial Department’s electronic bidding system.

Section 8. Sample Contractor Agreement

Any Agreement resulting from this solicitation shall be substantially in the form and format of the sample contractor agreement below. Any exceptions to this sample contractor agreement must be noted in the Respondent’s qualifications and will be reviewed and evaluated as a part of the award process. An award to a Respondent shall not be construed as acceptance by the Judicial Department of any Exceptions to Agreement noted by the Respondent. Instead, the Judicial

Department may consider, accept, or reject a Respondent’s proposed additions, deletions, or modifications to the Standard

Agreement when preparing the agreement to be signed by both Parties.

COLORADO JUDICIAL DEPARTMENT

FINANCIAL SERVICES DIVISION

MASTER AGREEMENT-CTR#-PROB-MA-CONTRACTOR-

OUTPATIENT SERVICES

PROBATION AND PROBLEM SOLVING

COURTS

Document Type

☒ Original Agreement/MA/PA/Task

Order/IGA/Other Initial Agreement

☐ Ratification/Renewal/Amendment/Change

Order/Other Modification Agreement

Solicitation

RFQ #23012-3

AGREEMENT TERM

Initial Start Date Effective Date

Initial End Date

AGREEMENT AMOUNT

Initial Amount Not Applicable

Total Amount Not Applicable

Requesters:

Summary (refer to Agreement for specifics): Master Agreement for Outpatient Services

IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates written below. Each person signing this

Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature.

COLORADO JUDICIAL DEPARTMENT by and through

THE OFFICE OF THE STATE COURT

ADMINISTRATOR

Name: Steven Vasconcellos

Title: State Court Administrator

BUSINESS LEGAL ENTITY

Name:

Title:

SIGNATURE OF AUTHORIZED REPRESENTATIVE

DATE___________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE

DATE___________________________

COLORADO JUDICIAL DEPARTMENT

MASTER AGREEMENT FOR SERVICES

1. PARTIES. This Master Agreement for Services (“Agreement”) is entered into by and between the COLORADO JUDICIAL

DEPARTMENT (“Department”), by and through the OFFICE OF THE STATE COURT ADMINISTRATOR located at 1300

Broadway, Suite 1200, Denver, CO 80203, for the use and benefit of the Judicial Districts and Probation Departments within Department

(each a “District” and multiple “Districts”) and Full Legal Name of Contractor (“Contractor”), an independent contractor doing business as a Type of Entity located at Entity Address. Department and Contractor may individually be referred to as “Party” or collectively as

“Parties.” In consideration of their mutual promises and for their mutual benefit, the Parties agree as follows:

2. PURPOSE. The Department issued RFQ #23012-3 for Outpatient Services for adult and juvenile probationers, referred to herein as

“probationers” being supervised by the Judicial District’s Problem Solving Courts (“PSC”) and Probation Departments. This Outpatient

Services Solicitation includes, but is not limited to substance use, mental health, DUI, domestic violence, cognitive behavioral therapy, and case management.

3. AUTHORITY. Department has issued Outpatient Services Solicitation, RFQ #23012-3, in accordance with the Department’s current procurement procedures. The Department has determined in its sole discretion that Contractor is a successful bidder in response to the

RFQ #23012-3 and pursuant thereto has awarded Contractor the opportunity to provide the services described in this Agreement for an anticipated period of five years.