SuppDay-26 RFR Spec 12-24.pdf

THE COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF DEVELOPMENTAL SERVICES (DDS)

CENTRAL OFFICE

Address: 1000 Washington Street Suite 410 Boston, MA 02108

Contact Name: Elizabeth Sandblom

Email: DDSPOSProcurement@mass.gov

Request for Response (RFR)

Document Title: DDS Day Support Services

COMMBUYS BID Number:

BD-25-1023-1023C-1023L-110770

DDS RFR Document Number: SuppDay-26

Date: December 18, 2024

It is the responsibility of the prospective Providers and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Provider’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Provider’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Provider’s/awarded Contractor’s computer, network, or internet service provider cause email communications sent to/from the prospective Provider/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering. To register go to www.COMMBUYS.com.

This BID requires the submission of electronic quotes. All Providers are advised to allow adequate time for submission of their quotes by considering potential online impediments like Internet traffic, Internet connection speed, file size, and file volume. DDS is not responsible for delays encountered by Providers or their agents, or for a Provider’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

To receive a contract with the Commonwealth, a Provider must be active in The Massachusetts Management Accounting and Reporting System (MMARS). MMARS is the official accounting system of the Commonwealth and once registered a contractor will be issued a Vendor Customer Code number or a “VC” number. This VC number is used for all contracts that a contractor has with state agencies. An organization with existing state contracts, or a Provider who has had state contracts with any state agency in the past, has been registered in MMARS and does not need to re-submit paperwork unless existing information in MMARS will need to be updated. Providers that don’t have a Vendor Customer Code or have changes to information or forms currently on file should send an email to:

DDSPOSProcurement@mass.gov

Public Records: All information, documents, and attachments submitted as a response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26. Please be aware that checking the “confidential” box in COMMBUYS does not bar these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.

http://www.commbuys.com/

Contents

1.0 Procurement Scope and Description

1.1 Procurement and Contract Structure

1.2 Applicable Procurement Law

1.3 Whether Single or Multiple Contractors are Required for Contract(s)

1.4 Calendar Rule Type

1.5 Acquisition Method

1.6 Use of Procurement by a Single or Multiple Departments

1.7 Expected Duration of Contract

1.8 Anticipated Expenditure, Funding or Compensation for Expected Duration

2.0 Specifications for Specific Services

2.1 Day Habilitation Services (3664)

2.2 Adult Day Health Services (3165)

3.0 Performance Requirements and Contract Monitoring

4.0 Contract Invoicing

5.0 Questions and Evaluation Criteria

5.1 Providers seeking to be qualified for Day Habilitation Services (3664)

5.2 Providers seeking to be qualified to provider Adult Day Health (3165)

6.0 Estimated Procurement Calendar

7.0 Required Forms

7.1 Other Forms

7.2 Instructions for Submission of Forms and Questions

7.3 Public Records

7.4 COMMBUYS Support

8.0 Other Requirements Pertaining to this RFR

8.1 Debriefings/Appeals

8.2 Debarment

8.3 Enterprise Invoice / Service Management (EIM/ESM)

8.4 Criminal Offender Record Checks (“CORI”)

8.5 Disabled Persons Protection Commission (“DPPC”) – Registry of Abusive Care Providers

8.6 National Criminal Background Check

8.7 EOHHS Qualification Process

8.8 Privacy and Security

8.9 Virtual Gateway Business Services

9.0 Supplier Diversity Program for Purchase of Service (POS)

1.0 Procurement Scope and Description

The Supplemental Day-26 Request for Response (RFR) is being issued to qualify providers for the following services: Day Habilitation Services (3664) and Adult Day Health (3165) programs. Providers responding to this RFR will be required to show documentation that organization is approved by MassHealth to provide specific services.

This RFR will replace the SuppDay-20, and any updates to that RFR, that have been posted on COMMBUYS.

Contracts awarded as a result of SuppDay-20 will terminate effective June 30, 2025. Providers currently qualified under SuppDay-20 and any updates to that RFR, must become qualified under SuppDay-26 to continue service delivery.

1.1 Procurement and Contract Structure

This RFR incorporates all relevant provisions of 801 CMR 21.00 Procurement of Commodities and Services, the Standard Contract Form and Instructions, the Commonwealth Terms and Conditions for Human and Social Services, the Operational Services Division (OSD) REQUIRED SPECIFICATIONS for Purchase of Service (POS), Attachment C, and any amendments and/or additions to these documents during the life of this BID.

This procurement will result in a Master List of providers who have been deemed qualified and awarded a contract. Proposals will be reviewed and scored by a Procurement Management Teams (PMT) composed of members of the DDS Central, Regional, and Area Offices. This is a rolling enrollment RFR, and Providers may continue to submit proposals up to December 31, 2029. Proposals will be evaluated on a quarterly basis.

All awarded Providers to provide these services will sign a standard contract form and be placed on a Master Agreement. The Master Agreement contract does not guarantee the awarded Provider a specific level of funding. Funding will be managed by the DDS Regional Offices either through a Service Summary Form or other mechanism determined by the Department to track authorized units of service and the rate of service/s.

Awarded Providers must receive written authorization from DDS prior to delivering services under this RFR.

1.2 Applicable Procurement Law

Check Appropriate Box (“X”)

Type of Purchase Applicable Laws

Goods and Services MGL c. 7, § 22; c. 30, § 51, § 52; 801

CMR 21.00

Human and Social Services MGL c. 7, § 22, § 22N; c. 30, § 51, §

52; 801 CMR 21.00; 808 CMR 1.00

Legal Services MGL c. 30, § 51, § 52 and § 65; c. 7, § 22; and 801 CMR 21.01(2) (b)

Grants MGL c. 7A, § 7; St. 1986 c. 206, § 17;

815 CMR 2.00

1.3 Whether Single or Multiple Contractors are Required for Contract(s)

Check One (“X”) Single Contractor Multiple Contractors

1.4 Calendar Rule Type

Check One (“X”) Type

Standard Procurement will not be reopened after the Bid Opening Date (Response deadline date).

Open

May be reopened at a time and for a duration deemed necessary by the Department.

No responses will be received after the bid open date unless the Department choses to reopen the RFR at a later date.

Rolling

Providers may submit unsolicited proposals up to December 31, 2029. Proposals submitted after the initial due date will be reviewed and scored on a quarterly basis unless otherwise noted in the RFR/BID.

1.5 Acquisition Method

Check One (“X”) Category Cost Reimbursement Unit Rate Other: Accommodation Rate

1.6 Use of Procurement by a Single or Multiple Departments

Check One (“X”) Eligible Entities

Limited User Contract – Restricted to Use by Issuing Entity Only.

Limited User Contract – Restricted to Use by Defined Entities Only.

Any Contract(s) resulting from this Bid will be open for use by the issuing Purchasing Department and the following other entities:*

• Massachusetts Commission for the Blind

• Massachusetts Rehabilitation Commission

The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

* Criteria for services may differ based on target population

1.7 Expected Duration of Contract

Anticipated Duration up to: 5 years

Final End Date of this Contract: June 30, 2030

1.8 Anticipated Expenditure, Funding or Compensation for Expected Duration

Estimated Total Value of Procurement: $1.8 Million per year

All services in this RFR are subject to appropriation. Should funding levels be adjusted significantly, the Department may seek provider re-affirmation of willingness to continue under modified program requirements.

At any time during the duration of the contract, the Department may conduct reviews of services and may consider taking corrective action, up to and including cessation or termination of all or part of the services covered under the Contract. Reasons for taking corrective action include: the provider has not satisfactorily achieved performance goals; the needs of the individuals change to the extent that they can no longer be appropriately served under the original terms of this procurement; a provider is unable to meet licensing or certification standards, or other issues or circumstances arise that result in a determination by the Department that a significant change in services is in the best interests of the individuals served or the Department.

Generally, unless a termination notice has been given pursuant to the Commonwealth Terms and Conditions for Human and Social Services, the Master Agreement contract will remain in effect for the duration of the procurement. The Department reserves the right to make contract awards for a shorter duration when it is in the best interests of individuals, the Department, or the Commonwealth.

Check One (“X”) Contract will have a Maximum Obligation

Rate Contract: Contract will NOT have a Maximum Obligation Amount

Will Federal Funds be used to fund any part of Contract(s)?

No Yes To What extent?

Capital, Trust and Federal Accounts Only Any funds designated in the budget that are unspent in any fiscal year will not be available for expenditure in the subsequent fiscal year.

Notice concerning rates of payment: M.G.L. c 118E An Act Relative to Rates for Human and Social Service programs provides that the Secretary of Health and Human Services has the sole responsibility for established rates of payment for social service programs purchased by governmental units of the Executive Office. Providers will be reimbursed on a unit rate or accommodation rate based on rates established by the Executive Office Health and Human Services as stated in Section 2.0 of this RFR and other applicable rate regulations as may be amended from time to time during the duration of the Contract. The rates of payment and reimbursement structures may change during the life of the Contract.

Commercial Earnings Fees (for profit entities): Refer to 808 CMR 1.00. Compliance, Reporting and Auditing for Human and Social Services, 1.03 (6). The commercial earning fee shall be equal to the current surplus revenue retention limit stated in 808 CMR 1.03 (7).

2.0 Specifications for Specific Services

2.1 Day Habilitation Services (3664)

Day Habilitation is a structured, goal-oriented active treatment program of medically oriented, therapeutic, and habilitation services to raise an individual’s levels of functioning and facilitate independent living and self-management in their communities. Services are based on a Day Habilitation service plan that sets forth measurable goals and objectives. It includes a written plan of care for an individual that prescribes an integrated program of individually designed activities and/or therapies necessary to achieve these goals. The objective of the plan is to help the individual reach his or her optimal level of physical, cognitive, psychosocial, occupational capabilities, and wellness.

Day Habilitation services through DDS are provided to individuals with intellectual or developmental disabilities deemed eligible for Day Habilitation but for whom the services are not otherwise covered by MassHealth.

Providers should check a member’s MassHealth eligibility regularly to determine if an individual is no longer eligible for MassHealth Day Habilitation service. If a provider bills MassHealth for Day Habilitation Service and the individual’s coverage has lapsed, the provider is required to work with the member and the DDS Service Coordinator to get the member’s MassHealth eligibility reinstated. In the event MassHealth’s final determination that reinstatement of the individual is not possible, the Provider should notify the DDS Area Office. If the individual becomes eligible for MassHealth at a later date, the Provider is required to timely notify the DDS Area Office.

Qualified Providers for this service must provide documentation that the organization meets provider eligibility requirements stated in 130 CMR 419.404. Payment rates for Day Habilitation Services are governed by 101 CMR 348:00: Rates for Day Habilitation services and are the same as those for MassHealth Day Habilitation Service.

2.2 Adult Day Health Services (3165)

Adult Day Health (ADH) is a community-based and non-residential service that provides nursing care, supervision, and health related support services in a structured group setting to MassHealth members who have physical, cognitive, or behavioral health impairments. Adult Day Health Programs are licensed by the Department of Public Health (DPH) under 105 CMR 158.00. Programs must have been reviewed and approved by MassHealth and by other appropriate authorities for the provision of ADH for a specific number of daily participants. If a provider offers ADH in more than one location, each location is a separate ADH program and must meet the provisions of 130 CMR 404.000.

DDS support is provided to individuals with intellectual and developmental disabilities receiving Adult Day Health service that are not covered by MassHealth but are eligible for this level of care.

Providers should check a member’s eligibility regularly to determine if an individual is deemed no longer eligible. If a provider bills MassHealth for the service and the individual’s coverage has lapsed, the provider is required to work with the member and the DDS Service Coordinator to get reinstated. Once a final decision is received from MassHealth, and it is determined that reinstatement is not possible in a timeframe that reimburses the Provider, the Provider should contact the DDS Area Office. If the individual becomes eligible for MassHealth at a later date, the Provider is required to update the Area Office. Approval for DDS supported Adult Day Health requires prior authorization from a DDS Area Office. Providers will be reimbursed according to rates outlined in 101 CMR 310.00: Adult Day Health Services.

3.0 Performance Requirements and Contract Monitoring

Providers are required to provide updates to DDS as requested, participate in utilization reviews and submit annual progress summaries. The Department will complete Quality Reviews during the life of this contract to include but not limited to the review of invoice and billing records, review of attendance records and back up documentation of ongoing MassHealth compliance, etc.

Contracted qualified providers that are no longer approved by MassHealth to provide Day Habilitation or Adult Day Health at any point during the life of the contract must immediately notify the Department.

4.0 Contract Invoicing

All invoicing for services provided under this contract shall be conducted through the Enterprise Invoice Management (EIM) system. Awarded Providers are required to establish and maintain user accounts within EIM and maintain up-to-date organizational information and appropriately offboard accounts for staff that are no longer employed by the awarded Provider or otherwise do not need to maintain access to EIM.

A Provider may not begin services or incur any obligation in any form until a Standard Contract Form with any supplements thereto has been signed by authorized representatives of DDS and the Provider.

Payment through Electronic Funds Transfer is required for any contract awarded through this solicitation.

Unit Rate Services – Service Delivery Report (SDR) All unit rate contracts will be invoiced utilizing an SDR to report monthly attendance for each individual receiving services. SDR should be authorized in EIM no later than the 21st day of the month following the month where services were delivered. This includes a zero invoice if not services were provided.

5.0 Questions and Evaluation Criteria

Providers seeking to deliver services under this procurement should directly and clearly address each of the response areas listed below with particular attention to page limitations. Each item will be scored in keeping with the values and guidance contained in the Evaluation Criteria that appears below. Attachments or appendices not requested and any program descriptions beyond the page limit will not be reviewed.

5.1 Providers seeking to be qualified for Day Habilitation Services (3664) Experience/MassHealth approval: 2 points

1. Provide documentation that your organization is approved by MassHealth to provide Day Habilitation Services.

2. Describe how your organization ensures the Department is not invoiced for Day Habilitation Services when an individual is eligible for MassHealth coverage. (One (1) page max).

Providers must receive a score of 2 points to be qualified to provide service.

5.2 Providers seeking to be qualified to provider Adult Day Health (3165) Experience/MassHealth approval: 2 points

1. Provide documentation that your organization is approved by MassHealth to provide Adult Day Health Services.

2. Describe how your organization ensures the Department is not invoiced for Adult Day Health services for individuals who are eligible for MassHealth coverage. (One (1) page max).

Providers must receive a score of 2 points to be qualified to provide service.

5.3 Supplier Diversity Plan Form for POS (SDP Form Submission Requirement) All Providers are required to make a meaningful financial commitment (“SDP Commitment”) by partnering with one or more Supplier Diversity Program (SDO) certified or recognized diverse business enterprise or non-profit organization. Providers that don’t have any POS contracts, should estimate the funding level they expect to receive through this procurement if a contract is awarded. More information related to this topic can be found in Section 9.0.

To be awarded a contract, Providers must, at a minimum, commit to the following:

• For new providers: at least one proposed SDP Partner and a current-year financial commitment.

• For existing providers: at least one SDP Partner, prior-year spending information, and a current year financial commitment.

https://massfinance.state.ma.us/VendorWeb/eftRegisterfrm.asp

6.0 Estimated Procurement Calendar

Event Date

RFR Release Date December 18, 2024

Provider Conference

No Providers’ Conference is scheduled

Deadline for Questions All Questions must be submitted to DDS POSProcurement@mass.gov or through COMMBUYS by the date and time indicated.

All Questions with answers will be posted on COMMBUYS. The Department is not bound by any oral comments or representations made by the Contact Person(s) and/or any other Department employee. Telephone calls will NOT be accepted regarding this

RFR.

Providers are prohibited from communicating directly with any employee of the Department except as specified in this RFR.

All Questions with answers will be posted on the COMMBUYS.

January 10, 2025 by 5 pm EST

BID Opening Date/Deadline for Electronic Submissions All responses must be submitted electronically using the online submission tools available to Vendors registered in

COMMBUYS.

January 29, 2025 by 5 pm EST

Contract Start Date July 1, 2025

7.0 Required Forms

Check if applicable (“X”)

Form/Document Notes/Instructions

Organizational Chart for Contracting Entity

Include with Electronic Submission

Response Document & MassHealth Documentation

Include with Electronic Submission

Supplier Diversity Plan Form for POS Include with Electronic Submission

Standard Contract Form and Instructions For information purposes only; do not fill out

Contractor Authorized Signatory Listing For information purposes only; do not fill out

7.1 Other Forms

If the following signed documents are not on file with the Office of the State Comptroller, or there are changes to forms current on file, the Provider must submit electronic versions of these forms to the email address noted on the cover page of this BID.

• Request for Taxpayer Identification Number & Certification (Massachusetts Substitute W-9 Form)

• EFT Form

The above noted forms may change or be revised during the life of this procurement. Updated forms will be posted on COMMBUYS.

7.2 Instructions for Submission of Forms and Questions

All responses to be submitted electronically using the online submission tools available to Providers registered in COMMBUYS. There is no charge to register in COMMBUYS. To Register go to www.COMMBUYS.com and click on the “Register” link on the front page.

The Department is processing the standard contract form electronically when possible. Providers should not submit signed copies of the standard contract form or the contractor authorized signatory listing posted on COMMBUYS with their proposal. These forms are posted for informational purposes only.

Electronic Signatures Quotes submitted via COMMBUYS must be signed electronically by the Provider or the Provider’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab in COMMBUYS. Providers do this by selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid. By agreeing to this, the submitter attests that they are an agent of the Provider with authority to sign on the Provider’s behalf, and that they have read and assented to each document’s terms.

To be considered, complete package must be submitted electronically using the online submission tools available to Providers registered in COMMBUYS. There is no charge to register in COMMBUYS. To Register go to www.COMMBUYS.com and click to the Commonwealth must on the “Register” link on the front page.

All Providers are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. DDS is not responsible for delays encountered by Providers or their agents, or for a Provider’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record

File Format and Naming Conventions Scanned documents will be accepted and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Zipped files will be accepted and must be in a .zip format when saved. Other zip file formats will not be accepted.

DDS requires that all response attachments that are uploaded in COMMBUYS include the company name of the Provider and the RFR document identifier found on page 1.

Amendments to BID The Department reserves the right to make amendments to the Bid after the initial publication. It is each Provider’s responsibility to check COMMBUYS for any amendments, addenda, or modifications to this Bid. DDS and the Commonwealth accept no responsibility and will provide no accommodation to Providers who submit a quote based on an out-of-date Bid or on information received from a source other than

COMMBUYS.

Alterations Providers may not alter (manually or electronically) the Bid language, or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Bid.

Ownership of Submitted Quotes The PMT shall be under no obligation to return materials submitted by a Provider in response to this Bid. All materials submitted by Providers become the property of the Commonwealth of Massachusetts and will not be returned to the Provider. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Provider’s quote, whether or not the quote is selected for contract award.

Quotes stored on COMMBUYS in the encrypted lockbox are the file of record. Providers retain access to a “read-only” copy of this submission via COMMBUYS, as long as their account remains active. Providers also may retain a traditional paper copy or electronic copy on a separate computer, or network drive or separate media, such as CD or DVD, as a backup.

7.3 Public Records

All information, documents, and attachments submitted as a response to this RFR are considered a public document subject to the Massachusetts Public Records Law, M.G.L., c. 66, s. 10, and to c. 4, s. 7, ss. 26.

Please be aware that checking the “confidential” box in COMMBUYS does not bar these documents from being released as a public record pursuant to these statutes once the procurement is awarded, unless statutorily exempt from disclosure.

7.4 COMMBUYS Support

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

Email: Send inquiries to the COMMBUYS Helpdesk at COMMBUYS@state.ma.us

Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays. Technical assistance is available during the procurement process.

Every effort is made to respond to inquiries within one business day. Providers are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

8.0 Other Requirements Pertaining to this RFR

8.1 Debriefings/Appeals

Non-successful Providers may request a debriefing from the purchasing Department within fourteen (14) calendar days of the postmark of the notice of the Department regarding a qualification decision. Debriefings are intended to provide an open, appropriate, and meaningful information exchange about the procurement and evaluation process and to help the Provider to understand the results of the process as it applies to their proposal submission only. Non-successful POS Providers aggrieved by the decision of a department must participate in a debriefing as a prerequisite to an administrative appeal. It is important to note that the access to a debriefing is only based on decisions made by the Purchasing Agency relating to a qualification status determination. There is no right to a debriefing based on the decision of an individual service recipient to explore a move to another provider organization.

http://www.mass.gov/osd/commbuys mailto:COMMBUYS@state.ma.us

Administrative Appeals to the Department Providers that have participated in a debriefing and dispute the award decision may request an appeal of the decision to the Department. The appeal must be filed within fourteen (14) calendar days of the debriefing meeting. The request must be in writing specifying the basis for the appeal and must be based on one or more of the following grounds set forth by the OSD:

• The competitive procurement conducted by the Agency failed to comply with applicable regulations and guidelines. These would be limited to the requirements of 801 CMR 21.00 et seq. or any successor regulations, the OSD “Conducting Best Value Procurements, 2018” any subsequently adopted policies issued by OSD and the specifications of the RFR, or

• There was a fundamental unfairness in the procurement process. The allegation of unfairness or bias is one that is easier to allege than prove, consequently, the burden of proof rests with the Provider to provide sufficient and specific evidence in support of its claim.

810 CMR 21.06(16); Operational Services Division, Conducting Best Value Procurements, 2018, 91-92.

Appeals must specify in sufficient detail the basis for the appeal. Sufficient detail requires an identification of an applicable regulation or guideline that was not complied with. or the specified facts that demonstrate that the procurement was unfair. Appeals not based upon the specified grounds above, or those submitted without sufficient detail on the basis for the appeal, shall be denied.

Administrative appeals are not subject to the procedures specified in MGL c. 30A, §§10 and 11. 801 CMR

21.06 (15); Operational Services Division, Conducting Best Value Procurements, 2018, 91-92.

Appeals should be sent to:

Commissioner Department of Developmental Services 1000 Washington Street Boston, MA 02108

A pending appeal shall not prohibit the Department from proceeding with executing the awarding of contracts and contract referrals.

Acceptance/Denial of the Appeal Within ten (10) business days of the Commissioner’s receipt of an appeal the Commissioner will determine if the appeal meets the requirements set forth by DDS and the Operational Services Division. If it does not, the Provider will be sent written notice that its appeal has been denied. If the requirements are met, written notice of the acceptance of the appeal for review will be sent to the Provider requesting an appeal, the awarding authority, and the winning Provider.

Review The Commissioner will appoint a committee of not more than three individuals to review the basis for the appeal as set forth in the appeal request. Upon completion of this review, the committee will submit a written recommendation to the Commissioner and/or designee. The committee reviewing the appeal may (1) review the Procurement file; and (2) interview the appellant, the awarding authority, any member of the bid review committee or any other individual that was involved in the review and selection process. The Department may allow the Provider to make an oral presentation in person to the committee.

The Department’s final decision will be issued by the Commissioner within sixty (60) business days of receipt of the initial request for review. If the commissioner overturns the awarding authority decision, the Commissioner will decide the appropriate action to be taken. All Providers must cooperate in the appeal review.

Appeals to the Operational Services Division Non-successful Providers that participated in the Department’s appeal process and remain aggrieved by the decision of DDS may appeal that decision to the OSD. For more information see the “Debriefing/Appeals:

Administrative Appeals to OSD” section in the OSD RFR - Required Specifications for Purchase of Service, that is included in the Bid’s COMMBUYS posting.

8.2 Debarment

The awarded Provider certifies that neither it nor any of its subcontractors are currently debarred or suspended by the federal or state government under any law or regulation including Executive Order 147; M.G.L. c. 29, § 29F; M.G.L. c. 30, § 39R; M.G.L. c. 149 §§ 27C, 44C and 148B; and M.G.L. c. 152, § 25C. The awarded Provider shall comply with all applicable state laws and regulations stated in the Standard Contract Form Instructions and Contractor Certifications.

8.3 Enterprise Invoice / Service Management (EIM/ESM)

If DDS directs the awarded Provider during the term of this contract to access the EIM/ESM service through the Virtual Gateway for the purpose of conducting business with DDS, the awarded Provider agrees to use such services as directed and execute all required Use or Service Agreements required by the Virtual Gateway and to comply with all applicable Virtual Gateway, DDS and EOHHS policies and procedures related to such services, including policies pertaining to data security and protection of confidential information. The awarded Provider further agrees to submit all information as directed by DDS including, but not limited to, invoices, contract, and/or other information to DDS through these web-based applications. The awarded Provider further agrees to take all necessary steps to ensure that it, and its subcontractors or affiliates, complies with these requirements and has access to and utilize all required web-based services in the Virtual Gateway.

8.4 Criminal Offender Record Checks (“CORI”)

Employees of awarded Providers are also subject to regulations requiring Criminal Offender Record Information (“CORI”) checks in accordance with Executive Office of Health and Human Services (“EOHHS”) regulations at 101 CMR 15.00. A Massachusetts CORI check is required for any person employed by EOHHS or an EOHHS-agency or their vendor programs whose position entails the potential for unsupervised contact with individuals receiving services from the Department. Additional guidance, forms, and information for organizations subject to the CORI regulations at 101 CMR 15.00, including guidance on how to properly process EOHHS mandated CORI checks, is available at: https://www.mass.gov/lists/guidance-and-information-for-organizations-subject-to-the-cori-regulations-at-101-cmr-1500. A copy of the EOHHS CORI regulations at 101 CMR 15.00 may be accessed at: https://www.mass.gov/doc/criminal-offender-record-checks-effective-april-21-2017/download.

8.5 Disabled Persons Protection Commission (“DPPC”) – Registry of Abusive Care Providers Chapter 19 of the Acts of 2020 – An Act to Protect Persons with Intellectual or Developmental Disabilities from Abuse (Approved February 13, 2020) amended the DPPC’s enabling statute to add a new section at Mass.

Gen. Laws Chapter 19C, Section 15 requiring the DPPC to maintain a Registry of the names of care providers against whom the DPPC has made a substantiated finding of registerable abuse (the “Abuse Registry”). Effective July 31, 2021, the law requires employers that provide services or treatment to persons (between the ages of 18 to 59) with intellectual or developmental disability (“ID/DD”) pursuant to: contract or agreement with the Massachusetts DDS, funding administered by DDS, or a license for residential and day programs for individuals with ID/DD, to consult the Abuse Registry prior to hiring prospective employees to ensure such care providers are not listed on the Abuse Registry. The law prohibits employers from hiring or retaining anyone whose name appears on the Abuse Registry.

Awarded Providers to this RFR that contract with DDS are subject to Mass. Gen. Laws Chapter 19C, Section 15 and must consult the Abuse Registry prior to hiring prospective employees/care providers and must comply https://www.mass.gov/lists/guidance-and-information-for-organizations-subject-to-the-cori-regulations-at-101-cmr-1500 https://www.mass.gov/lists/guidance-and-information-for-organizations-subject-to-the-cori-regulations-at-101-cmr-1500 https://www.mass.gov/doc/criminal-offender-record-checks-effective-april-21-2017/download https://www.mass.gov/doc/criminal-offender-record-checks-effective-april-21-2017/download with all requirements of the Abuse Registry Law, as applicable. All awarded Providers contracting with DDS are advised to consult the Abuse Registry Law at:

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter19C/Section15 and the website of the DPPC at: Disabled Persons Protection Commission | Mass.gov for additional information about their obligation(s) to consult the Abuse Registry and comply with Mass. Gen. Laws Chapter 19C, Section 15.

8.6 National Criminal Background Check

Employees of awarded Providers are subject to national criminal fingerprint-based background checks in accordance with M.G.L. c. 123B, c.19B, §§ 19-20 and 115 CMR 12.00: National Criminal Background Checks.

Fingerprint-based checks are to be conducted on applicants seeking licensure from the Department for residential or day services, or for other employees of provider agencies licensed, funded, or approved by the Department who have the potential for unsupervised contact with persons with intellectual or developmental disability. Any associated costs are the responsibility of the awarded Provider(s). Additional information is available by contacting the DDS National Criminal Background Check Unit at DDS.NationalBackgroundUnit@Mass.gov.

8.7 EOHHS Qualification Process

Prior to entering into a contract with the Department, a provider of purchased human and social services to clients must demonstrate that it meets minimum administrative and fiscal standards, established through the Executive Office of Health and Human Services (EOHHS) provider qualification policy. Provider qualification is the process used to evaluate a provider’s administrative and financial condition. The main objectives of the provider qualification process are to determine whether or not the provider has (a) the capabilities to comply with the numerous federal and state administrative requirements that surround the expenditures of public funds and (b) sufficient fiscal and administrative capacity to fulfill its contractual obligations.

Providers with current contracts for the provision of purchased human and social services to clients (MM3/M03 contracts) must have filed their Uniform Financial Statements and Independent Auditor's Report (UFR) with the Operational Services Division via the Internet using the OSD UFR filing application for the most recently completed fiscal year before a contract can be executed and services may begin. Other requirements such as submitting an acceptable Supplier Diversity Plan Form for POS, as well qualification/risk management reporting requirements and non-filing consequences promulgated by secretariats or departments pursuant to 808 CMR 1.04(3) may apply.

8.8 Privacy and Security

In performance of its duties under the Contract, awarded Providers shall comply with all obligations set forth in Attachment C, and awarded Providers must comply with M.G.L. c. 66A, M.G.L. c. 93H, M.G.L. c. 123B, §17, 801 CMR 3.00, 201 CMR 17, 115 CMR 4.05,4.06, and 9.19, and the HIPAA Privacy and Security Rules (45 CFR Part 160 and Part 164, Subparts A and E), 42 CFR 431, Subpart F, 42 CFR Part 2, and any other applicable federal or state law or regulation pertaining to the use, disclosure, maintenance, privacy, confidentiality or security of Protected Information (“PI”), which shall be defined as any “personal data” as defined in M.G.L. c. 66A, any “personal information” as defined in M.GL. c. 93H, and any other individually identifiable information that is treated as confidential under State or Federal Law (including, but not limited to, any state and federal tax return information) that the awarded Provider uses, maintains, discloses, receives, creates, transmits or otherwise obtains in connection with its performance of its duties. Any PI created or maintained by the awarded Provider pursuant to the Contract, shall only be used for the purposes stated in the Contract. As of the Contract effective date, the awarded Provider shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of PI and that prevent use or disclosure of such PI other than as provided for the Contract.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter19C/Section15 https://www.mass.gov/orgs/disabled-persons-protection-commission mailto:DDS.NationalBackgroundUnit@Mass.gov

8.9 Virtual Gateway Business Services

The Executive Office of Health and Human Services (EOHHS) operates a number of online business services through the Virtual Gateway. These include but are not limited to, Provider Data Management (PDM), Common Intake (IE&R), Enterprise Invoice / Service Management (EIM/ESM), and Home and Community Service Information System (HCSIS). These services permit users to access a variety of EOHHS programs and services. Requirements for end user accessibility to the Virtual Gateway can be found at https://www.mass.gov/virtual-gateway-provider-users

9.0 Supplier Diversity Program for Purchase of Service (POS)

Program Background: Pursuant to Executive Order 565, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Providers, including health and human service providers, and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized by the Supplier Diversity Office (SDO). The SDP Policy for POS, Providers can be found at: SDP Policy for POS (mass.gov)

Financial Spending and Reporting Requirements. All Providers responding to this solicitation are required to make a significant annual financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise(s) or non-profit organization(s). Providers that are issued a contract from this procurement (Bid) will be required to submit an annual “Supplier Diversity Program (SDP) Plan Form for Purchase of Service (POS)” with their Uniform Financial Report (UFR) through the Operational Services Division’s (OSD) eFiling site.

Awarded Providers that file a UFR exemption request are to submit the SDP Plan Form for POS with their exemption request. The plan will be evaluated yearly by the Commonwealth Department with the most Purchase of Service funding to a provider during the previous fiscal year. This Department commonly is referred to as the Principal Purchasing Agency (PPA).

No contract shall be awarded to a Provider without an SDP Commitment that meets the requirements stated herein and above. This requirement extends to all Providers regardless of their own supplier diversity certification.

Meaningful Evaluation Submitted SDP Plans must be evaluated in a meaningful way, which considers the value of the SDP commitment made by the Provider. If a competitive BID, the SDP plan evaluation must account for a minimum of 25% of the total evaluation score.

SDP Commitment Goal for POS Providers It is desirable that Providers aim to direct at least 1% of their Commonwealth contract revenue toward spending with SDP Partners. The Provider’s percentage of spending with SDP Partner(s) for the prior fiscal year can be seen as “PERCENT (%) OF POS SPEND” on the completed “SDP Plan Form for POS” for that fiscal year.

SDP Plan Form Submission Requirements for this RFR Providers responding to this RFR are required to submit a copy of the “SDP Plan Form for POS” most recently filed via the OSD’s UFR eFiling website. If the content of the “SDP Plan Form for POS” being submitted with the response to this RFR deviates from the form filed via the UFR eFiling website or if the form was not filed, the Provider is additionally required to submit the “SDP Plan Form for POS” via the UFR as a “Refile UFR/Piecemeal UFR Filing.”

https://www.mass.gov/virtual-gateway-provider-users https://www.mass.gov/executive-orders/no-565-reaffirming-and-expanding-the-massachusetts-supplier-diversity-program https://www.mass.gov/sdp https://www.mass.gov/supplier-diversity-office https://www.mass.gov/doc/the-commonwealth-of-massachusetts-supplier-diversity-program-sdp-policy-for-purchase-of-service-pos-procurements-and-contracts/download https://www.mass.gov/doc/the-commonwealth-of-massachusetts-supplier-diversity-program-sdp-policy-for-purchase-of-service-pos-procurements-and-contracts/download https://ufr.osd.state.ma.us/ https://ufr.osd.state.ma.us/ https://ufr.osd.state.ma.us/ https://ufr.osd.state.ma.us/

Providers that do not currently hold POS contracts with Commonwealth Departments are to complete the Form and include it with their proposal. The “SDP Plan Form for POS” may be found at the COMMBUYS Bid Solicitation; File Attachments Section. For the SDP Policy for POS, Providers should refer to this link: SDP Policy for POS (mass.gov)

Eligible SDP Partner Certification Categories and Directories SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

• Minority-Owned Business Enterprise (MBE)

• Minority Non-Profit Organization (M/NPO)

• Women-Owned Business Enterprise (WBE)

• Women Non-Profit Organization (W/NPO)

• Veteran-Owned Business Enterprise (VBE)

• Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

• Disability-Owned Business Enterprise (DOBE)

• Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE)

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a awarded Provider’s compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted towards meeting an awarded Provider’s SDP Commitment.

It is always the responsibility of the awarded Provider to ensure they meet their SDP Commitment, and the SDO, and the issuing Department, assume no responsibility for any awarded Provider’s failure to meet its SDP Commitment.

Eligible Types of Business-to-Business Relationships Providers may engage SDP Partners as follows:

• Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

• Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the awarded Provider’s contract with the Commonwealth but may be related to the awarded Provider’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

Program Flexibility The SDP encompasses the following provisions to support Providers in establishing and maintaining sustainable business-to-business relationships meeting their needs:

• SDP Partners are not required to be subcontractors

• SDP Partners are not required to be Massachusetts-based businesses

• SDP Partners may be changed or added during the term of the contract, provided the Provider continues to meet its SDP Commitment

Providers may propose SDP Partners that are:

• Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the award Provider’s SDP Commitment.

https://www.mass.gov/doc/the-commonwealth-of-massachusetts-supplier-diversity-program-sdp-policy-for-purchase-of-service-pos-procurements-and-contracts/download https://www.mass.gov/doc/the-commonwealth-of-massachusetts-supplier-diversity-program-sdp-policy-for-purchase-of-service-pos-procurements-and-contracts/download https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.vetbiz.va.gov/basic-search/ https://www.vetbiz.va.gov/basic-search/ https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx https://www.vetbiz.va.gov/basic-search/

• Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability: IN, or the National LGBT Chamber of Commerce (NGLCC), but are not listed in the above-mentioned directories. Self-certification is not acceptable. While Providers may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the awarded Provider’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the awarded Provider must find alternative SDP Partners to meet the SDP Commitment.

It is the responsibility of the awarded Provider to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Awarded Providers may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

SDP Spending Reports and Compliance. After contract award, the awarded Provider shall be required to provide reports demonstrating compliance with the agreed-upon SDP Commitment as directed by the department, which in no case shall be less than annually.

Only spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward an awarded Provider’s compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting an awarded Provider’s SDP Commitment.

SDP Spending Verification. The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the awarded Provider.

Program Resources and Assistance Providers seeking assistance in the development of their SDP Plans or identification of…