STATE OF NORTH CAROLINA
REQUEST FOR PROPOSALS No. 30-DMH-26832-12
Service or Goods Sought:
North Carolina Problem Gambling Hotline
Contract Type:
Open Market
RFP Issued on:
June 26, 2012
Deadline for Questions:
2:00 PM on July 10, 2012
Proposals Must Be Submitted by 2:00 PM on July 24, 2012 and will be Opened at: Using Agency:
Department of Health & Human Services (DHHS) Division of Mental Health, Developmental Disabilities and Substance Abuse Services
Issuing Agency:
DHHS, Office of Procurement and Contract Services
This Request for Proposals (RFP) advertises the State’s need for the goods or services described herein and solicits competitive proposals offering to sell those goods or services to the State pursuant to the terms and conditions of this RFP. All proposals received by the State shall be treated by the State as offers to contract. The State’s acceptance of a proposal shall be demonstrated by the State’s execution of the accepted proposal. THE UNDERSIGNED HEREBY SUBMITS THE FOLLOWING PROPOSAL AND CERTIFIES THAT: (1) he or she is authorized to bind the named Vendor; (2) the Vendor hereby offers and agrees to provide the goods or services described herein in the manner and at the costs described in the Contract Documents; (3) this proposal is submitted competitively and without collusion; (4) this proposal is valid for 120 days after the date the proposal is opened; (5) none of the Vendor's officers, directors, or owners (if the Vendor is an unincorporated business entity) have been convicted of any violation of Chapter 78A of the North Carolina General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2); (6) the Vendor is not an ineligible Vendor as set forth in G.S. 143-59.1. False certification is a Class I felony. Vendor Name:
E-Mail Address:
Street Address:
P.O. Box:
City, State & Street Address Zip:
Telephone Number:
Type Or Print Name & Title Of Person Signing:
Fax Number:
Signature:
Date:
P.O. Box Zip:
An Unexecuted Proposal Is Invalid And Shall Not Be Reviewed NOTICE OF AWARD: Offer accepted and contract awarded this _____ day of __________, 2012. By: ____________________________________________________________________________________ Signature of Authorized Person
Printed Name and Title of Authorized Person
TABLE OF CONTENTS Article
Title
Page No.
Execution Page
1
1
Purpose & Background
3
2
Instructions to Vendors
4
3
Scope of Work (SOW)
7
4
Term of Contract
19
5
Invoicing and Compensation
19
6
Vendor Qualifications
20
7
Contents of Proposals
20
8
Evaluation of Proposals
24
9
General Terms & Conditions
28
Attachments
Title
Page No.
A
Certification of Compliance With G.S. § 133-32 and Executive Order 24
37
B
Certification of Financial Condition
38
C
Cost Proposal
39
D
Protest Procedures
41
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ARTICLE 1 PURPOSE AND BACKGROUND 1.1
Purpose The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified Vendors to operate North Carolina’s Problem Gambling Helpline. The Helpline -- through an advertised, statewide toll free telephone number -- will provide assistance with gambling problems and include the following services: (a) (b) (c) (d) (e) (f) (g)
1.2
A Statewide, 24-hour per day toll free telephone service; Information and referral for those seeking information; A brief needs analysis and access to treatment Providers, as appropriate, for problem gamblers and friends and family of problem gamblers; Crisis intervention; Authorization for treatment services and a payment system that will reimburse Providers for services; A phone-based, enhanced case management/relapse prevention program in English and Spanish; A prevention and outreach coordinator.
Background Legislation creating the North Carolina Education Lottery (NCEL) was signed into law in August 2005. In accordance with that legislation, entitled the North Carolina State Lottery Act, the North Carolina Department of Health and Human Services (DHHS) is responsible for the development and implementation of a statewide problem gambling services program. The North Carolina Department of Health and Human Services has delegated the administration of the North Carolina Problem Gambling Program to the Division of Mental Health, Developmental Disabilities and Substance Abuse Services (Division). The program includes a 24-hour toll free North Carolina Problem Gambling Helpline. The North Carolina Problem Gambling Helpline currently receives close to 7,000 calls per year. Approximately 850 of these callers are problem gamblers or family members eligible to receive services through our referral service.
1.3
Definitions, Acronyms and Abbreviations (a)
24 x 7: A statement of availability of systems, communications, and/or supporting resources every hour (24) of each day (7 days weekly) throughout every year for periods specified herein. Where reasonable downtime is accepted, it will be stated herein. Otherwise, 24x7 implies no loss of availability of systems, communications, and/or supporting resources. Continuous Quality Improvement: The ongoing enhancement of work processes for the benefit of the customer and the organization; activities devoted to maintaining and improving work process performance through small and gradual improvements as well as radical innovations.
(b)
Department: The North Carolina Department of Health and Human Services (DHHS)
(c)
Division: Division of Mental Health, Developmental Disabilities and Substance Abuse Services
(d)
Gamblers Anonymous: “a fellowship of men and women who share their experience, strength and hope . . . and help others to recover from a gambling problem.”
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(e)
Gam-Anon: Gam-Anon is a fellowship of men and women who have been affected by another person’s gambling problem.
(f)
Open Market Contract: A contract for the purchase of goods or services not covered by a term, technical, or convenience contract.
(g)
NCEL: North Carolina Education Lottery
(h)
Problem Gambling: This term is used to describe issues related to both problem gambling and pathological gambling.
(i)
Provider: A problem gambling therapist with a Masters Degree, licensed to practice in the State of North Carolina, with problem gambling specific training approved by the North Carolina Problem Gambling Program and listed on the Vendor’s provider database.
(j)
RFP: Request for Proposal
(k)
Screening: Screening involves a brief interview designed to first determine the presence and nature of an individual’s need for treatment/services/supports.
(l)
SOW: Scope of Work
(m)
State: The State of North Carolina and its agencies
(n)
TDD: Telecommunication Device for the Deaf
(o)
Vendor: A company, firm, corporation, partnership, individual, etc., submitting a proposal in response to this RFP and providing services describe in the RFP after award. ARTICLE 2 INSTRUCTIONS TO VENDORS
2.1
Filing Instructions: Submit two signed originals, eight photocopies, and one electronic copy (on CD or DVD) of your proposal to: If Mailed By U.S. Postal Service RFP No. 30-DMH-26832-12 Attention: Sherri Garte Department of Health & Human Services Office of Procurement and Contract Services 2008 Mail Service Center Raleigh, NC 27699-2008
If Delivered By Overnight Express RFP No. 30-DMH-26832-12 Attention: Sherri Garte Department of Health & Human Services Office of Procurement and Contract Services 801 Ruggles Drive, Hoey Building Raleigh, NC 27603
Submit your bid in a sealed envelope bearing the RFP number, the commodity or service being offered (NC Problem Gambling Helpline), the submission deadline, and the bidder’s name. The CD or DVD files should not be password-protected and should be capable of being copied to other media. 2.2
Submission Deadline: Proposals must be received by the Department by 2:00 p.m. on the deadline indicated on page one. Proposals received after that time and date shall not be reviewed.
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The Department recommends that Vendors submit proposals via hand delivery or overnight express to the street address listed above to ensure that their proposals are timely received by the Department. 2.3
Written Questions: All questions regarding this RFP must be submitted to Sherri Garte via e-mail at
[email protected] by no later than 2:00 pm on July 10, 2012. The Department will not respond to questions submitted thereafter. When submitting questions: (1) insert the phrase, “Questions Regarding RFP # 30-DMH-26832-12” in the subject line of your e-mail; and (2) begin each question by referencing the RFP Section in question; e.g. “We have a question about RFP Section 4.1(a).” A copy of all questions and answers regarding this RFP will be posted on the State’s Interactive Purchasing System (IPS) web site at: http://www.ips.state.nc.us/ips/pubmain.asp
2.4
Amendments to RFP: The requirements of this RFP can only be altered by written addenda. There are two types of written addenda: (a) (b)
the State’s written answers to written Vendor questions; and State-initiated changes to the RFP. The State may post state-initiated changes to this RFP on the State’s Interactive Purchasing System (IPS) web site at http://www.ips.state.nc.us/ips/pubmain.asp at any time before the proposal due date.
Vendors should check the State’s IPS website periodically to check for any and all such amendments that may have been posted. Vendor must document that it has seen all addenda to this RFP by downloading, printing and signing each addendum and submitting the signed addenda as attachments to Vendor’s proposal. 2.5
Prohibited Communications: Except for: (1) the written Vendor questions authorized above; (2) any oral presentations, or written clarifications requested by the Department; or (3) inquiries about the status of contract award, no Vendor may have any written or oral communications with any member of the Department or its agents about this RFP, the Vendor’s proposal, or any other Vendor’s proposal, from the date this RFP is issued until the date the Contract is awarded. Vendors who violate this prohibition shall be disqualified from contract award unless it is determined that the best interest of the Department would not be served by the disqualification.
2.6
Rights Reserved. Upon determining that any of the following would be in its best interests, the State may: (a) (b) (c) (d) (e) (f) (g)
2.7
waive any formality; amend the solicitation; cancel or terminate this RFP; waive any undesirable, inconsequential, or inconsistent provisions of this document, which would not have significant impact on any proposal; waive a requirement if it is determined that it is no longer needed; negotiate directly with one or more Vendors if the response to this solicitation demonstrates a lack of competition; or if all responses are deficient, determine whether Wavier of Competition criteria may be satisfied, and if so, negotiate with one or more Vendors.
Basis For Rejection: The Department reserves the right to reject any and all offers, in whole or in part,
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by deeming the offers unsatisfactory as to quality or quantity, delivery, price or service offered; noncompliance with the requirements or intent of this RFP; lack of competitiveness; errors in specifications or indications that revision would be advantageous to the Department; cancellation or other changes in the intended project, limitation or lack of available funds; circumstances that prevent determination of the best offer; or any other determination that rejection would be in the best interest of the Department. 2.8
Acceptance of RFP Terms & Conditions: All proposals are subject to the terms and conditions set out herein. All proposals shall be controlled by such terms and conditions and the submission of other terms and conditions as part of a Vendor's response shall be waived and have no effect either on this Request for Proposals or on any contract that may be awarded through this solicitation. By submitting an executed proposal, the Vendor specifically agrees to the conditions set forth in this paragraph.
2.9
Oral Explanations: The Department shall not be bound by oral explanations or instructions given by any member, employee, or agent of the Department to any Vendor at any time during the procurement process.
2.10
Incorporation by Reference: Information may not be incorporated into a proposal by reference unless the information is included within, or is attached to, the proposal.
2.11
Elaborate Proposals Not Desired: Elaborate proposals in the form of brochures or other presentations beyond that necessary to present a complete and effective proposal are not desired. The Department prefers that: (a)
All proposals and copies of proposals are printed with text on both sides of each page;
(b)
All proposals and copies of proposals are printed on recycled paper with a minimum postconsumer content of 30%;
(c)
All proposals and copies of proposals are produced without the use of non-recyclable or non reusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. (The use of three-ringed binders, glued materials, paper clips, and staples is acceptable); and
(d)
All proposals are submitted in a format which allows for easy removal and recycling of paper materials.
2.12
Proposal Costs: Vendors shall be responsible for all costs incurred by them in preparing and submitting their proposals. The Department will not reimburse any Vendor for the cost of preparing and submitting a proposal.
2.13
Confidentiality Of Proposals: By executing and submitting a proposal, the Vendor agrees that it will not disclose the contents of its proposal to any person or entity other than the Department until after contract award, except as authorized in writing by the Department. Violators may be disqualified from contract award.
2.14
Ownership Of Submitted Materials: All materials submitted in response to this RFP, including all proposals, reports, charts, displays, schedules, exhibits, samples, and correspondence, shall become the property of the Department when received by the Department.
2.15
Historically Underutilized Businesses: Pursuant to G.S. 143-48 and Executive Order Number 13, the Department invites and encourages participation in this procurement by businesses owned by minorities,
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women, the disabled, disabled business enterprises, and non-profit work centers for the blind and severely disabled. For more information, go online to: http://www.doa.state.nc.us/hub/ . 2.16
Interpretation of Terms and Phrases: This Request for Proposal serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Department; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. As such, all terms in the Request for Proposal shall be enforceable as contract terms in accordance with the General Terms and Conditions. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the Department’s needs as described in the Request for Proposal. Except as specifically stated in the Request for Proposal, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the Department exercising its discretion to reject a proposal in its entirety.
2.17
Protest Procedures Award protests are governed by 1 NCAC 5B .1519, an administrative rule promulgated by the North Carolina Department of Administration, Division of Purchase and Contract. A copy of this rule is attached to this RFP as Attachment D. This and other purchasing rules promulgated by the Division of Purchase and Contract can be viewed on-line at: http://reports.oah.state.nc.us/ncac.asp?folderName=\Title%2001%20%20Administration\Chapter%2005%20-%20Purchase%20and%20Contract Anyone who wishes to submit a protest should call or write the procurement officer identified on page 1 of this RFP to obtain the name and address of the person to whom the protest should be addressed. ARTICLE 3 SCOPE OF WORK
3.1
Required Services (a)
The State is seeking a qualified Vendor to provide a North Carolina Problem Gambling Helpline to people seeking assistance for a gambling problem. The target populations for the services described herein are North Carolina residents experiencing distressing behavioral/emotional consequences related to either their own gambling or the gambling-related behavior of a friend or family member. The ultimate goal is to minimize the harm caused by gambling by offering services that facilitate treatment or other positive changes.
(b)
The Vendor shall provide the following required services: (1)
Operate the statewide toll free telephone service -- 24 hours per day, seven days per week, including State and federal holidays -- to respond to callers seeking information on problem gambling and to assist persons at risk or in need of treatment for problem gambling by referring them to appropriate services and/or organizations in their area, if applicable.
(2)
Provide “live service” 24 hours per day, seven days per week, including State and federal holidays. Live service means that the caller will be able to talk with a person sometime during the course of the call. Having an automated voice attendant (voice answering
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system) is permissible as long as the caller only has to listen to one message and only has to press the keypad one time in order to reach a live person. (3)
Answer the Helpline within three rings, 24 hours a day, seven days per week;
(4)
Provide free, confidential, non-judgmental information to North Carolina callers affected by problem gambling behavior. Helpline staff must remain neutral on the issues of gambling and the North Carolina Education Lottery.
(5)
Provide sufficient staff and equipment to handle high volume/crisis/gambling problem calls.
(6)
Ensure the confidentiality of all calls, provide physical space that will enable the Helpline Call Staff to conduct private and confidential conversations with callers.
(7)
Provide the necessary number of functioning incoming and outgoing telephone lines at all times to assure full access to the Helpline.
(8)
Have the capacity to maintain continuous telephone contact with the caller and at the same time directly connect the caller with a local gambling treatment Provider if there is one.
(9)
Provide access to TDD (Telecommunication Device for the Deaf).
(10)
Make all Helpline services available in both English and Spanish.
(11)
Staff the Helpline at all times with one individual who has a graduate degree in counseling, social work or psychology and who has successfully completed training in problem gambling issues and in handling crisis calls in which the caller or gambler is at risk of harming himself/herself or others (suicide/homicide).
(12)
Provide trained and qualified professional Call Staff to serve as an emergency backup for any calls that are beyond the capabilities of regular Helpline Call Staff. Professional backup must be available (either on site or by phone) to advise the regular Helpline Call Staff or respond directly to the caller. This individual must have a graduate degree in counseling, social work or psychology and must hold a license, certificate, registration or permit issued by the governing board regulating a human service profession.
(13)
Provide authorization for treatment and reimburse Providers for services. Section 3.9, Authorization and Payment for Counseling.
(14)
Provide an enhanced phone-based case management program in English and Spanish for problem gamblers, family members and other affected persons. See RFP Section 3.10, below.
(15)
Provide Prevention and Outreach Coordinator experienced in implementing the evidencebased program entitled “Stacked Deck”. See RFP Section 3.6(c), below).
(16)
Create and maintain a database pursuant to the requirements of RFP Section 3.8, below.
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See RFP
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(17) 3.2
Submit reports to the Division pursuant to the requirements of RFP Section 3.7, below.
Staff Training (a)
The Vendor must have a Staff Training Plan, consisting of the Vendor’s training policies and procedures, and a Staff Training Manual, which must contain separate sections for Helpline Call Staff and support staff.
(b)
Within thirty days after contract award, the Vendor must obtain the Division’s approval of its staff training plan and manual. The Vendor shall update its staff training plan and manual as needed throughout the term of the contract, subject to the Division’s approval.
(c)
Each member of the Vendor’s staff must be oriented and trained within 30 days after contract award. Each new member of the Vendor’s staff hired thereafter must be oriented and trained within 30 days after the date the staff member is hired.
(d)
Each member of the Vendor’s staff must be given periodic refresher training as specified in the training plan approved by the Division.
(e)
The Vendor’s Helpline Call Staff training must cover the following subjects: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)
(f)
The issues that arise out of problem gambling; screening; triage; referral; crisis intervention; active listening; crisis support skills; crisis helping protocols; ethics; confidentiality; multi-cultural awareness; professional boundaries; utilizing supervision; and client-oriented telephone etiquette.
The Vendor must train its Helpline Call Staff to provide the following information to callers during the course of the call: (1)
Provide Helpline callers with free, confidential, culturally appropriate and nonjudgmental information and referral to resources.
(2)
Encourage Helpline callers to accept a referral to a North Carolina licensed Provider and to accept a 72-hour call back service to support successful engagement in treatment services.
(3)
Motivate Helpline callers to accept information by mail, email or fax. All materials provided through these methods must have prior written approval by the Division before distribution by the Vendor.
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(g)
3.3
(4)
For Helpline callers seeking information outside of the scope of the NC Problem Gambling Program (such as the NCEL telephone number or address), maintain an updated list of contact information to provide callers.
(5)
Offer a phone-based, enhanced case management/relapse prevention program through a Helpline Call Staff for callers who, for whatever reason, may be unable to obtain counseling to address their issues with problem gambling. Such reasons may include, but are not limited to transportation difficulty, disability or reluctance to see a counselor faceto-face. These services must be offered in both English and Spanish.
The Vendor’s Support Staff training shall orient Support Staff to the Helpline mission, to the issues of problem gambling, telephone etiquette and other issues pertaining to the performance of their jobs.
Screening, Triage and Referral (a)
The Vendor shall provide screening, triage and referral for callers inquiring about problem gambling, whether the caller a gambler or a gambler’s friend or family member.
(b)
Helpline Call Staff shall screen callers for problem gambling utilizing screening tools approved by the North Carolina Problem Gambling Program, gathering information that includes immediate risk for harm to self or others or property, demographics, gambling practices, related consequences and other issues that may affect treatment planning.
(c)
Helpline Call Staff shall describe treatment options based on clinical judgment and screening information collected from the caller. Varying levels of care to suggest to the caller, depending on available resources, include: (1) Gamblers Anonymous or Gam-Anon meetings; any statewide minimal intervention program; (2) Trained problem gambling counselors; and (3) Centers with specialized services such as crisis-respite beds, dual-diagnosis programs, bilingual counselors, etc.
3.4
(d)
Helpline Call Staff shall arrange for the caller to be contacted by a Provider to schedule an initial assessment.
(e)
If the caller agrees, Helpline Call Staff shall place a follow-up call to the caller within 72 hours of the initial contact.
Uninterrupted Service The Vendor shall operate the North Carolina Problem Gambling Helpline “24 x 7”, without any planned or unplanned downtime or loss of service, even in the event of equipment malfunction, inclement weather or natural disaster.
3.5
Quality Improvement Plan (a)
The Vendor must have a Continuous Quality Improvement Plan as described in this Section 3.5.
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(b)
Within thirty days after contract award, the Vendor must obtain the Division’s approval of its continuous quality improvement plan.
(c)
The Vendor shall update its continuous quality improvement plan as needed throughout the term of the contract, subject to the Division’s approval.
(d)
The Vendor’s quality improvement plan must include the following: (1)
A description of actions to be taken in order to evaluate and monitor program performance.
(2)
A precise description of performance measures and an explanation of how those performance measures will be collected, analyzed, and interpreted.
(3)
At a minimum, all calls must be tracked on a database system that provides data reports on: the number of calls received; general demographics; referrals made; call duration; levels of utilization (peak v. low); number of callers hanging up before completing the call; number of abandoned calls; number of emergency calls referred to 911.
(4)
A data collection and reporting plan that specifies: (a) (b) (c)
The data to be collected; Security of Helpline data, including plans for backup of computer files, facility security and confidentiality of records; and The format and due dates for standard reports.
(5)
The collection of caller information in one or more databases as required by the Division. Helpline Call Staff is expected to make a good faith effort to collect required data without interrupting the information and referral or crisis intervention functions of the call.
(6)
Provisions that ensure that no data shall be released to other entities without the specific written approval of the Division.
(7)
Provisions that ensure that all data and reports are collected, compiled, created and stored in software compatible with Microsoft Office products, including Access, Excel, and Word.
(8)
Provisions that ensure that every call is recorded and categorized as one of the following: (a)
Helping Call: The help-seeking caller is provided assistance for a personal gambling problem or that of a family member or other acquaintance.
(b)
Information Call: The information-seeking caller is given requested information, but no demographic or other information is obtained. Examples include: requests from the media or from students.
(c)
Gaming Information Call: The gaming/lottery information-seeking caller is given NCEL contact information.
(d)
Quick Referral: The caller only wants a location or time of a support group
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meeting. The caller does not want to stay on the line long enough to give demographic or other data. (e)
3.6
Prank and or Wrong Number: (1)
Prank: In the judgment of the Helpline Call Staff, the caller is calling as a mischievous trick or joke. This may include a caller remaining on the line but not talking and obscene calls. If there is any doubt about the call, the Helpline Call Staff treats this as a helping call.
(2)
Wrong Number: The caller is not calling about any related issue, but has reached the Helpline in error.
(f)
Disconnects: Calls that are placed, but no one is there when the call is answered, or calls are shown as message waiting, but there is no message.
(g)
Automated Voice Attendant Answered Calls: the number of calls answered by the Automated Voice Attendant rather than by Helpline Call Staff.
(h)
Repeat Calls: These are calls that, in the judgment of the Call Staff, are from the same person as other calls noted elsewhere in the database. The Vendor shall develop policies, with the approval of Division, in determining data collection protocols for repeat calls.
(i)
Emergency Calls: Referred to 911 or other emergency service.
(9)
Provisions that ensure that the foregoing call categories are changed only with the consent of the Division. The Division will provide the Vendor with the minimum data base fields needed for its purposes. The Vendor may add additional fields for its own use, but must also report this data to the Division.
(10)
A description of the analyses that will be performed on the data collected under the quality improvement plan. The Division will perform its own analysis in conjunction with the Vendor.
(11)
A written plan for making changes, or developing strategies, to solve problems revealed by the quality improvement plan.
(12)
A written plan for testing and implementing changes to the Helpline.
Vendor Staff Positions and Qualifications (a)
Helpline Call Staff: Each member of the Helpline Call Staff must have a graduate degree in counseling, social work or psychology with core training in problem gambling.
(b)
Helpline Call Staff Supervisors: The Helpline Call Staff must be supervised by -- and have available to them in person or by phone -- individuals who have: (1)
A graduate degree in counseling, social work or psychology; and
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(2)
(c)
Prevention and Outreach Coordinator: The Vendor must have a Prevention and Outreach Coordinator that lives in Wake County and must have: (1)
(2)
(d)
(2)
3.7
A graduate degree in health or human services with experience in problem gambling treatment and substance abuse prevention, as well as experience in training in problem gambling; and Experience implementing the evidence-based program entitled “Stacked Deck.” “Stacked Deck” is an evidenced-based curriculum for the prevention of problem gambling among teens that is listed on The Substance Abuse and Mental Health Services Administration’s (SAMHSA’s) National Registry of Evidence-based Prevention Programs and Practices.
Project Manager: The Vendor must have a Project Manager who will be responsible for the day to day operations of the North Carolina Problem Gambling Helpline and will be the Vendor’s primary liaison with the Division. The Project manager must have: (1)
(e)
A license, certificate, registration or permit issued by the governing board regulating a human service profession.
A graduate degree in health or human services with experience in problem gambling treatment and substance abuse prevention, as well as experience in training in problem gambling; and A license, certificate, registration or permit issued by the governing board regulating a human service profession...
Key Personnel: The Vendor’s Call Staff Supervisors, the Vendor’s Prevention and Outreach Coordinator, and the Vendor’s Project Manager constitute the Vendor’s Key Personnel, as that term is used in this RFP.
Meetings and Reports (a)
Meetings: Once every three months after contract award, the Vendor’s Project Manager, the Vendor’s Prevention and Outreach Coordinator, and other key Vendor personnel shall meet with Division staff to review the Vendor’s performance. The meetings will be held either by phone or in person at the Division’s Central Office located at 325 N. Salisbury Street, Raleigh North Carolina. Subject to the Division’s prior approval, any one or more Vendor staff may attend the meetings via teleconference. This schedule may be modified by the Division in its sole discretion.
(b)
Monthly Reports: Within fifteen days following the end of each month of service, the Vendor shall transmit to the Division an electronic monthly report consisting of: (1) (2) (3)
(c)
The raw data or database fields collected on the calls received by the Helpline during the prior month; (see 3.5 (9) Intake and discharge information on the phone-based, enhanced case management/relapse prevention program; and A review of the Vendor’s Prevention and Outreach activities during the prior month.
Quarterly Reports: Within fifteen days following the end of every three months of service, the Vendor shall transmit to the Division an electronic quarterly report consisting of:
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(1) (2)
A quarterly summary of the data provided in the Vendor’s monthly reports; A description of proposed improvements in: (a) (b) (c) (d) (e) (f)
(d)
Annual Reports: Within fifteen days following the end of the State Fiscal Year (SFY) on June 30, the Vendor shall transmit to the Division an electronic annual report consisting of: (1)
A compilation of the data provided in the Vendor’s monthly Helpline reports for the past year;
(2)
A compilation of the data provided in the Vendor’s monthly Enhanced Case Management Program reports for the past year;
(3)
A profile of callers receiving treatment during the past year by: (a) (b) (c)
(4)
(5)
Demographic, Average cost per person, Average client engagement in services,
A profile of those enrolled in the Enhanced Case Management Program: (a) (b) (c)
3.8
Service delivery; Policies and procedures; Staff training; Information to be given to callers; Caller screening, triage and referral; and Continuous quality improvement.
Demographic, Average cost per person, Average client engagement in services,
A description of the services provided by the Prevention and Outreach Coordinator during the past 12 months;
Database Establishment and Maintenance (a)
The Vendor must establish and maintain the databases described in this Section 3.8 on hardware and software systems purchased, installed, configured and maintained by the Vendor in space owned or leased by the Vendor. These databases will not be supported by any state computer systems.
(b)
These databases must be updated and cleaned on a monthly basis to ensure accuracy.
(c)
Provider Database (1) (2) (3) (4)
All information from Provider applications; Problem gambling specific training; Participation in Division-sponsored group phone supervision; and Providers of handicap accessible, Spanish language, and Deaf/hard-of-hearing services.
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(d)
Resource Database (1)
(2) (3) (4) (e)
Billing Database (1) (2) (3) (4)
(f)
Procedure code number; Date billed; Patient identification; and Services authorized.
Outreach Database (1) (2) (3) (4) (5) (6)
(g)
This database must list: (a) All gambling treatment and education services programs funded by the Division; (b) All relevant state agencies; (c) Self-help groups; (d) Education resources; and (e) Emergency resources. The Vendor must call each number in the database at least once each month to verify the accuracy of the information in the database. The inclusion and exclusion criteria used by the Vendor to select the contents of this database must be approved by the Division in writing. This database must be readily available for use by the Helpline Call Staff.
Provider Name; Month/Year; Approved activity, Date, Hours, Location; Description of audience; Number attending; and Goal of Activity.
Client Database (1) (2) (3) (4) (5) (6) (7) (8)
(9) (10) (11) (12) (13) (14)
Client Name and Client Information; Primary gambling activity; Other gambling activities; Self harm report; Length of problem; Emotional problems; Relationship problems; Other dependencies: (a) Alcohol; (b) Drugs; or (c) None; Financial problems; Number of authorized sessions; Result of initial contact; Date of first appointment; Date of 72-hour follow-up phone call to client and disposition; Types of services received i.e., client assessments, individual sessions, family sessions, group sessions, remote phone counseling, crisis phone counseling and outreach;
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(15) (16)
(h)
Prevention Database (1) (2) (3)
3.9
For problem gambler, score on administration of DSM IV Pathological Gambling Form and Date of Administration; and For affected person of pathological/problem gamblers, score on GamAnon Twenty Questions.
All information from prevention sites; Data gathered on prevention sites implementing the Stacked Deck curriculum; and Data analysis, evaluation and written report by PhD agreed on by the Division of MHDDSAS.
Authorization and Payment for Counseling Vendor shall develop and maintain a Treatment Authorization and Payment System that shall adhere to the following protocol: (a)
Access to NC Gambling Treatment shall be routed through the NC Helpline. Helpline Call Staff will conduct helpline intake and obtain all appropriate information.
(b)
Helpline Call Staff will explain the NC treatment program protocol and offer appropriate treatment options to the caller.
(c)
If a caller accepts treatment, Helpline Call Staff shall create an outpatient program registration form. Information received from the helpline caller shall be documented and a case number shall be assigned. If the caller decides not to accept treatment, the call shall still be recorded.
(d)
Based on the caller’s zip code and the expertise needed by the caller, Helpline Call Staff shall work with the caller to identify an appropriate Provider.
(e)
The Helpline Call Staff shall contact the Provider and request an appointment within 2-4 business days. If the Provider is not available for an appointment within 2-4 days, Call Staff shall schedule an appointment with another appropriate Provider.
(f)
Once a Provider accepts a case, the Helpline Call Staff shall transfer the case to the Provider and fax the Provider copies of: (1) (2) (3)
The Outpatient Registration Form; The Client’s Statement of Understanding; and The Provider’s Instruction Sheet. The Provider’s Instruction Sheet shall be printed on the Vendor’s letterhead stationery and shall state the following: The Outpatient Registration Form must be completed by the Provider and faxed back to Helpline Call Staff after the assessment is completed. No reimbursement shall be paid until this form has been completed and returned.
(g)
If the Outpatient Registration Form has not been completed by the Provider and returned to the Vendor within one week after the form has been faxed to the Provider, the Helpline Call Staff
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shall contact the Provider to verify case status (i.e., unable to reach client, no show, client unavailable within one week, etc.)
3.10
(h)
The Helpline Call Staff shall obtain the client’s signature on the Statement of Understanding after the Provider assessment is completed and the Statement of Understanding and Provider assessment have been faxed to the Helpline vendor.
(i)
After the Helpline Call Staff receives a completed Outpatient Registration Form from the Provider, the Call Staff will approve seven sessions of therapy for a client who is a Problem/Pathological Gambler or seven sessions of support and education for a client who is a friend or family member of a Problem/Pathological Gambler.
(j) (k)
Once the Provider meets with the client, the Provider may invoice the Vendor for payment. The Vendor shall reimburse the Provider after it reviews and approves the Vendor’s billing form.
(l)
If the Provider requests additional sessions with the client, the Provider must complete an Outpatient Clinical Review Form and fax the form to the Vendor.
(m)
After reviewing the Provider’s request, the Vendor may authorize the Provider to provide five additional therapy sessions, it may ask the Provider to submit further justification for the Provider’s request, or it may deny the Provider’s request.
(n)
The Provider shall submit a Discharge Summary Form to the Vendor by fax when a client’s treatment is completed.
(o)
The Vendor shall close the client’s file upon receipt of the Provider’s discharge summary.
Enhanced Telephone-based Counseling (a)
The Vendor shall offer enhanced telephone-based counseling to: (1) (2) (3)
Callers who are unable to see a Provider; Callers who are not yet willing to see a Provider; and Spanish-speaking callers;
If those callers are willing to participate in the telephone-based program and are found by the Vendor to be eligible for the program. (b)
Eligible callers will be assessed over the telephone using the DSM-IV by Call Staff. During this assessment the caller will be asked to express his or her treatment goals.
(c)
If the assessment results in a diagnosis of Problem Gambling, the caller will be placed in the lower level of the telephone-based counseling program. (1)
Over the course of one month, the client will receive four newsletters that focus on the risks of gambling behavior and the signs and symptoms of pathological gambling.
(2)
One month after the client enrolls in the telephone-based counseling program, Call Staff will contact the client to provide support and further assessment. Call Staff will use the DSM-IV to reevaluate the client to determine whether the client’s diagnosis should be
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modified. As a consequence of this reassessment, the client may be given the opportunity to switch to the higher level of the telephone-based counseling program or to be referred to a therapist in the Provider database. (3)
(d)
A similar enhanced telephone-based program will be offered to the friends and family of problem gamblers that includes an assessment, follow-up sessions and four newsletters..
If the assessment results in a diagnosis of Pathological Gambling, the caller will be placed in the higher level of the telephone-based counseling program. (1)
Over the course of the next twelve weeks, the client will be given five telephone therapy sessions with a masters-level member of the Helpline Call Staff. Each session shall last approximately 45 minutes.
(2)
In addition, the client will receive weekly mailings and homework assignments from the program.
(e) The Vendor will gather client information utilizing such diagnostic tools such as the NORC Diagnostic Screen for Gambling Problems (NODS Pre & Post treatment), craving scales and weekly monitoring scales as approved by the North Carolina Problem Gambling Program. 3.11
Prevention and Outreach Services (a)
The goals of problem gambling prevention services are: (1) (2) (3)
(b)
The Vendor shall hire a Prevention and Outreach Coordinator based in North Carolina to perform the following tasks: (1) (2) (3) (4)
(5) (6) (7) 3.12
To increase awareness of problem gambling; To prevent problem gambling; and To prevent the onset of pathological gambling in individuals who do not meet the criteria for pathological gambling but who are showing early danger signs.
Develop prevention policies and procedures; Plan and direct prevention related activities; Coordinate prevention activities among Providers; Provide information and assistance to organizations and groups across the state regarding problem gambling and speak to these organizations and groups to exchange information and resolve concerns and problems; Prepare reports and analyses for the Problem Gambling Program Administrator ; Develop and implement education programs for practitioners, schools, faith communities and the media; and Assist the Program Administrator in monitoring all Providers.
Contingency Planning The Vendor must have contingency plans for handling unexpectedly high call volumes, loss of power at the Vendor’s Call Center site, loss of connection to the local exchange telephone company, and other emergencies, such as severe weather and suicidal callers. The Vendor must obtain the Division’s approval of the Vendor’s contingency plans by September 1, 2012.
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3.13
Transition Planning The Vendor shall implement an incoming transition plan so that the Vendor can assume responsibility with a fully operating program by September 1, 2012. At the end of the Contract, the Vendor must also implement an outgoing transition plan. The Vendor to whom the contract is awarded must obtain the Division’s approval of its incoming transition plan no less than six weeks prior to September 1, 2012. ARTICLE 4 TERM OF CONTRACT; OPTIONS TO EXTEND
4.1
Initial Term: The Contract shall have an initial term of one year, beginning on September 1, 2012 and ending on August 31, 2013, unless it is terminated earlier.
4.2
Option Years: At the end of contract year one (1), the State shall have the option, in its sole discretion, to extend the Contract for up to four (4) additional year. The State will give the Vendor written notice of its intent to exercise options no later than 60 days before the end of ARTICLE 5 INVOICING & COMPENSATION
5.1
Invoicing: (a)
The Vendor must submit one monthly invoice to the Division within fifteen (15) days following the end of the month that is the subject of the invoice.
(b)
Invoices must be submitted to one of the following addresses: Delivery by US Mail Service
NC Department of Health & Human Services DMH/DD/SAS Attention: Smith Worth 3004 Mail Service Center Raleigh NC 27699-3004
5.2
Delivery by Overnight Delivery NC Department of Health & Human Services DMH/DD/SAS Attn: Smith Worth 325 N. Salisbury Street Suite 634 Raleigh NC 27603
(c)
Invoices should bear the correct purchase order number to ensure prompt payment. The Vendor’s failure to include the correct purchase order number may cause delay in payment.
(d)
Invoices must itemize the work for which payment is sought.
Compensation: (a)
The Vendor will be compensated at the rates quoted in the Vendor’s Cost Proposal.
(b)
The Vendor will be paid net thirty (30) days after the Vendor’s invoice is approved by the State. ARTICLE 6 VENDOR QUALIFICATIONS
6.1
The Vendor must document in its proposal that it has provided -- for a cumulative total of at least seven (7) years the type of services described in the Scope of Work.
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6.2
The Vendor must document in its proposal that the Vendor’s Project Manager will reside in North Carolina. ARTICLE 7 THE FORM AND CONTENT OF THE VENDOR’S PROPOSAL
7.1
The Form of the Vendor’s Proposal (a)
The Vendor’s proposal shall consist of the pages of this RFP supplemented by the information solicited by this RFP. The information solicited by this RFP may be set out immediately after the text that solicits the information; it may also be provided in attachments. If information is provided in an attachment, provide a cross-reference to the attachment immediately after the text that solicits the information.
(b)
The first item in the Vendor’s proposal should be a transmittal letter printed on the Vendor’s letterhead stationery. The letter should be signed by the same individual who signs the Proposal Execution Page. The subject line of the letter should contain the words “RFP for NC Problem Gambling Hotline”. The letter should identify the Vendor that developed the proposal and should also provide the name, title, address and telephone number of a contact person authorized to answer questions or provide clarification regarding the Vendor’s proposal.
(c)
The transmittal letter should be followed by the Proposal Execution Page, which is the first page of this RFP. The Proposal Execution Page must be signed by an individual authorized to legally bind the Vendor to a contract. If the individual who signs the Execution Page is not the Vendor’s president or chief executive officer, submit evidence of the individual’s authority to bind the Vendor. Unsigned proposals shall not be reviewed. The individual who signs the transmittal letter and the Proposal Execution Page must also sign the Certification of Compliance with G.S. 133-32 & Executive Order 24, the Certification of Financial Condition, and the Cost Proposal.
(d)
The Proposal Execution Page should be followed by a Table of Contents. The format of the Table of Contents should match the format of the table that appears on page three of this RFP.
(e)
The Table of Contents should be followed by the body of the Vendor’s proposal, which should be followed by the attachments listed in RFP Section 7.4.
(f)
Do not disclose cost information anywhere except in Attachment C, the Cost Proposal; do not include any Technical Information in the Cost Proposal.
(g)
After compiling your proposal, number the pages of the proposal consecutively from the Proposal Execution Page (page 1) through the last page of the last attachment.
(h)
The proposal should be printed on 8.5 inch x 11 inch paper with 0.5 inch margins at the top and bottom and left and right sides.
(i)
The Proposal should be set in 12 point type, provided that the text in tables may be set in 10 point type.
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7.2
The Technical Content of the Vendor’s Proposal (a)
Vendor and Subcontractor History: The Vendor’s proposal should provide the following information about the Vendor and the Vendor’s subcontractors. (1)
The date the Vendor was established; RESPONSE:
(2)
The Vendor’s principal place of business; RESPONSE:
(3)
Whether the Vendor is a publicly traded corporation, a closely-held corporation, a limited liability company, a subsidiary, a partnership, or a sole proprietorship; RESPONSE:
(4)
If the Vendor is a subsidiary, the identity of the parent entity; RESPONSE:
(5)
Documentation that the Vendor is authorized to do business in the State of North Carolina; RESPONSE:
(6)
The Vendor’s primary and secondary lines of business; RESPONSE:
(7)
The total number of full-time employees employed by the Vendor; RESPONSE:
(8)
The total number of Vendor employees engaged in projects similar to this project; RESPONSE:
(9)
The most recent audited financial statement of the Vendor and the Vendor’s subcontractors or similar evidence of financial stability; RESPONSE:
(10)
The details of any pertinent judgment, criminal conviction, investigation, or litigation pending against the Vendor or any of its officers, directors, employees, agents, or subcontractors of which the Vendor or the subcontractor has knowledge, or a statement that there are none. DHHS reserves the right to reject a proposal based on this information;
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RESPONSE: (b)
Vendor and Subcontractor Experience: The Vendor’s proposal should provide the following information about the experience of the Vendor and the Vendor’s subcontractors in providing the types of services described in the SOW for other state, county, and municipal governments. (1)
Documentation that the Vendor has provided the types of services described in the Scope of Work for a cumulative total of at least seven (7) years; RESPONSE:
(2)
A list of all of the Vendor’s contracts over the last five (5) years for the types of services described in the SOW. This list should include: (a) (b) (c) (d)
The name of each client; The dates on which the contract began and ended; A description of the Vendor’s duties under the contract; The name, title, address, and telephone number of the highest-ranking member of the client organization who has personal knowledge of the Vendor’s performance under the contract.
RESPONSE: (3)
Reference letters from other state, county, and municipal governments which document the Vendor’s successes. RESPONSE:
(c)
Vendor and Subcontractor Work Plan: The Vendor’s proposal should contain the following information about the manner in which the Vendor and the Vendor’s subcontractors intend to provide the services described in this RFP. This information shall constitute the Vendor’s work plan. (1)
An executive summary of the Vendor’s Work Plan; RESPONSE:
(2)
If the proposal has identified any subcontractors, a description of the work that will be performed by each of the Vendor’s subcontractors; RESPONSE:
(3)
A copy of the written policies and procedures used by the Vendor in other Problem Gambling Helpline contracts and a description of any changes the Vendor would make to those policies and procedures for this contract. RESPONSE:
(4)
A copy of the Vendor’s draft Staffing Plan, which should include a description of the number and types of full-time and part-time positions assigned to the contract;
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RESPONSE: (5)
A justification of the size of the staff proposed in the Vendor’s Staffing Plan; RESPONSE:
(6)
An organization chart showing each staff position assigned to this contract and the relationship among those positions. If the proposal has identified any subcontractors, the Organization Chart should identify the positions that will be filled by subcontractor employees and should identify the subcontractor providing said employees. RESPONSE:
(7)
An organization chart showing how the personnel assigned to this contract fit into the overall organization of the Vendor and the Vendor’s subcontractors; RESPONSE:
(8)
A description of how the Vendor plans to control staff turnover and how it will maintain uninterrupted service in the event of staff turnover; RESPONSE:
(9)
A draft copy of the Vendor's Staff Training Plan, consisting of the Vendor's training policies and procedures; RESPONSE:
(10)
A draft copy of the Vendor’s Staff Training Manual, which must contain separate sections for Helpline Call Staff and support staff; RESPONSE:
(11)
The resumes of the Vendor’s proposed Helpline Call Staff; RESPONSE:
(12)
The resumes of the Vendor’s proposed Helpline Call Staff Supervisors; RESPONSE:
(13)
The resume of the Vendor’s proposed Prevention and Outreach Coordinator; RESPONSE:
(14)
The resume of the Vendor’s proposed Project Manager and documentation that the Project Manager will be a North Carolina resident by no later than September 1, 2012. RESPONSE:
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(15)
A draft copy of the Vendor's Continuous Quality Improvement Plan; RESPONSE:
(16)
A description of the Vendor’s computer hardware and software systems, including the systems that will be used by the Helpline Call Staff and the systems that will be used to host the databases described in RFP Section 3.8. RESPONSE:
(17)
The proposed location of the Vendor’s Helpline Call Center and data center; RESPONSE:
(18)
A description of the Vendor’s Proposed Prevention and Outreach Services; RESPONSE:
(19)
A draft copy of the Vendor’s Contingency Plan for handling unexpectedly high call volumes, loss of power at the Vendor’s Call Center site, loss of connection to the local exchange telephone company, and other emergencies, such as severe weather and suicidal callers. RESPONSE:
(20)
Draft copies of the Vendor’s Transition Plans for the beginning and ending phases of the contract. RESPONSE:
(21)
Documentation of the Vendor’s ability and plans to provide authorization and payment services to Providers; RESPONSE:
(22)
Documentation of the Vendor’s ability and plans to develop and implement an enhanced telephone-based counseling program; RESPONSE:
(23)
Documentation of the Vendor’s ability and plans to develop and implement a Prevention and Outreach Program; RESPONSE:
(24)
A discussion of the issues that complicate the implementation of a new statewide Problem Gambling Helpline and how the Vendor will address or avoid those issues; RESPONSE:
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(25)
A discussion of the issues that complicate the daily operation of a statewide Problem Gambling Helpline and how the Vendor will address or avoid those issues; RESPONSE:
7.3
Cost Proposal The Vendor’s Cost Proposal must be submitted on the form provided in RFP Attachment C. The Agency may reject a proposal solely on the ground that the Vendor’s Cost Proposal was not submitted in the prescribed format. Do not enter any technical information in the Cost Proposal.
7.4
Attachments (a)
The Vendor’s proposal must contain the following attachments: Attachment A: Attachment B: Attachment C:
(b)
The Certification of Compliance With G.S. 133-32 and Executive Order 24 The Certification of Financial Condition The Cost Proposal
If the Vendor submits additional attachments, those attachments should follow the attachments listed in (a), above, and should be lettered consecutively thereafter, beginning with “Attachment D.” ARTICLE 8 EVALUATION OF PROPOSALS
8.1
Introduction (a)
The State will conduct a comprehensive, fair, and impartial evaluation of the proposals received in response to this request. All proposals will be evaluated using a two-step method. As provided by statute, award will be based on the lowest and best proposal (most advantageous to the State). Cost is important but is not an overriding consideration. The award of a contract to one Vendor does not mean that the other Vendors’ proposals lack merit. The State reserves the right to reject any or all proposals.
(b)
Proposals will be received from each Vendor in two separate sealed packages - the Technical Proposal and the Cost Proposal. Each original shall be signed and dated by an official authorized to bind the firm. Unsigned proposals will not be considered. NOTE: No technical information shall be contained in the cost proposal. No cost information shall be contained in the technical proposal. If any cost information is included in the technical proposal and/or if any technical information is included in the cost proposal, the Vendor's entire proposal shall be rejected.
(c)
At that date and time the package containing the proposals from each responding firm will be publicly opened and the name of each Vendor announced publicly. A notation will also be made whether a separate sealed cost proposal has been received. Cost proposals will be placed in safekeeping until opened at a later date. Technical proposals will be evaluated first.
(d)
Upon completion of the technical evaluation, the cost proposals of those firms whose technical
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proposals have been deemed acceptable will be publicly opened. The total cost offered by each firm will be tabulated and become a matter of public record. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore the tabulation may not be an exact indicator of a Vendor’s pricing position. 8.2
Evaluation Committee An Evaluation Committee will read the proposals, conduct corporate and personal reference checks, score the proposals, and make a written recommendation to the DHHS Office of Procurement and Contract Services. The State may change the size or composition of the committee during the review in response to exigent circumstances.
8.3
Scoring The Evaluation Committee will score the proposals using the scoring system shown in Table 8.3, below. The highest score that can be awarded to any proposal is 1000 points. Table 8.3 – Scoring System Evaluation Factor
Technical Proposal
Understanding of Scope of Work & Vendor Requirements Policies and procedures Capacity and Project Staffing Staff training Providing information to callers Providing screening, triage and referral to callers Uninterrupted Helpline Calls Contingency plans Continuous quality improvement Database Establishment and Maintenance Reporting Requirements Treatment Authorization and Payment System Enhanced Case Management Prevention and Outreach Services Corporate Background, Qualifications and Experience History and Background References Past Performance Capabilities Financial Stability Performance Requirements Performance/Outcomes Implementation Methods/Delivery Transition Plans Maximum Possible Technical Proposal Score
8.4
Maximum Score
Subtotals
400
250
150
800
Maximum Possible Cost Proposal Score
200
Maximum Possible Combined Technical and Cost Score
1000
Evaluation Phases
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(a)
(b)
Phase 1: Evaluation of Technical Proposals (1)
Phase 1, Part 1: Staff will summarily review each proposal to determine whether the proposal was properly executed and timely submitted. All timely submitted proposals for which signed execution pages have been received as provided above will be forwarded to the Evaluation Committee for review. Proposals that are not forwarded to the Evaluation Committee are ineligible for contract award.
(2)
Phase 1, Part 2: Each member of the Evaluation Committee will read each technical proposal that has been forwarded to the Committee. The members of the Evaluation Committee will meet together and score each technical proposal, by consensus, on each of the technical evaluation factors shown in Table 8.3, above.
Phase 2: Evaluation of Cost Proposals The State will evaluate only those Cost Proposal submitted by Vendors that had acceptable technical proposals for completeness and reasonableness. The State may reject a proposal if the Cost Proposal is incomplete or if it contains significant inconsistencies or inaccuracies. The State will determine low cost by normalizing the scores as follows: The proposal with the lowest cost will receive a score of 200. All other competing proposals will be assigned a portion of the maximum score using the following formula: 200
(c)
8.5
x
the cost of the lowest-cost Cost Proposal the cost of the Cost Proposal being evaluated
=
Cost Score
Phase 3: Determination of Successful Proposal (1)
The Vendor whose proposal is determined to be in the best interest of the State will be recommended as the successful Vendor. The Evaluation Committee will forward this Vendor’s name to the DHHS Office of Procurement and Contract Services with documentation to justify the Committee’s recommendation.
(2)
The DHHS Office of Procurement and Contract Services will review the Committee’s recommendation for compliance with Purchasing Rules and Policies and forward it (with a copy of the Technical and Cost Proposals) to the North Carolina Department of Administration, Division of Purchase and Contract for approval.
(3)
When the final approval is received, the State will notify the selected Vendor. If the State rejects all proposals, it will notify all Vendors. The State will post the award on the State website at www.ips.state.nc.us. The award will be posted under the applicable RFP number.
(4)
The Contract between DHHS and the selected Vendor shall be effective as of the date on which the Division’s authorized agent signs the Vendor’s proposal. The selected Vendor shall perform no work for the Division before that date.
Oral Presentations & Clarifications
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(a)
During its evaluation of the competing proposals, the Evaluation Committee may ask the Vendors to make oral presentations to the Committee regarding the contents of their Technical Proposals. These oral presentations will be scheduled and conducted solely for the purpose of clarifying the information in the proposals. The Vendors may not use these presentations to submit new information that was not submitted in the proposals under review.
(b)
DHHS may contact a Vendor during the evaluation period to obtain clarification regarding the Vendor’s proposal.
(c)
Contract award notices are sent only to those actually awarded a contract, and not to every Vendor responding to this solicitation. Contract status and award notices are posted on the Internet at http://www.ips.state.nc.us/ips/pubmain.asp. ARTICLE 9 GENERAL TERMS & CONDITIONS
9.1
Contract Documents: (a)
The Contract that is awarded as a consequence of this RFP shall consist of the following documents: (1) (2) (3)
(b)
9.2
The Addenda to this RFP, if any; This RFP; and The Vendor’s Proposal.
In the event of a conflict between or among the terms of the Contract Documents, the term in the Contract Document with the highest precedence shall prevail. The Addenda to the RFP (if any) shall have the highest precedence, the RFP shall have the second highest precedence, and the Vendor’s proposal shall have the third highest precedence. These documents shall constitute the entire agreement between the parties and supersede all other prior oral or written statements or agreements.
Contract Administrators: The Contract Administrators are the persons to whom all required notices shall be given and to whom all matters relating to the administration or interpretation of this Contract shall be addressed. The Vendor shall designate a single Contract Administrator, who shall be the Vendor’s primary contact with the Division for all issues regarding this Contract. The Vendor shall identify its initial Contract Administrator in its proposal and shall confirm the name, title, address, telephone number, facsimile number, and email address of its Contractor Administrator within 5 business days after the Effective Date of the Contract. The Vendor’s Contract Administrator shall be available by phone, facsimile, or e-mail, upon 24 hours notice. The Division’s contract administrators are named below. Division Contract Administrator Name: Title: Agency: Division: Location:
Smith Worth Program Administrator NC DHHS NC DMH/DD/SAS 325 N. Salisbury Street, Raleigh, North Carolina 27601 Division of Mental Health, Developmental Disabilities, and Substance Abuse
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Phone Number: Email:
Services 3015 Mail Service Center Raleigh, NC 27699-3015. 919-733-0696
[email protected] Vendor Contract Administrator
Name: Title: Location: Phone Number: Email: Either party may change the identity of its Contract Administrator or change the contact information for its Contract Administrator by giving timely written notice of the change to the other party. Relationship of the Parties 9.3
Independent Contractor: The Vendor is and shall be deemed to be an independent contractor in the performance of this contract and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Vendor represents that it has, or shall secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with, the Division.
9.4
Subcontracting: The Vendor shall not subcontract any of the work contemplated under this contract without prior written approval from the Division. Any approved subcontract shall be subject to all conditions of this contract. Only the subcontractors specified in the contract documents are to be considered approved upon award of the contract. The Division shall not be obligated to pay for any work performed by any unapproved subcontractor. The Vendor shall be responsible for the performance of all of its subcontractors.
9.5
Assignment: No assignment of the Vendor's obligations or the Vendor's right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, the State may: (a) (b)
Forward the Vendor's payment check(s) directly to any person or entity designated by the Vendor; or Include any person or entity designated by Vendor as a joint payee on the Vendor's payment check(s).
In no event shall such approval and action obligate the State to anyone other than the Vendor and the Vendor shall remain responsible for fulfillment of all contract obligations. Change in Corporate Structure Pursuant to 01 NCAC 05B .1507. In cases where Vendor are involved in corporate consolidations, acquisitions or mergers, the agency which issued the solicitation document resulting in the contract may negotiate agreements for the transfer of contractual obligations and the continuance of contracts within the framework of the new corporate structures but with the understanding that the state’s contracts are not instruments for sale and shall not be assigned. RFP No. 30-DMH-26832-12
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9.6
Beneficiaries: Except as herein specifically provided otherwise, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the Division and the named Vendor. Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the Division and Vendor that any such person or entity, other than the Division or the Vendor, receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Professional and Institutional Standards and Licenses
9.7
Service Standards: During the term of the Agreement the Vendor and its employees, agents, and subcontractors shall provide high quality professional services consistent with the standards of practice in the geographic area and with all applicable federal, state, and local laws, rules and regulations, all applicable ethical standards, and standards established by applicable accrediting agencies. The Vendor and its employees, agents and subcontractors shall exercise independent professional judgment in the treatment and care of patients.
9.8
Records: During the term of this Agreement, the Vendor and its employees, agents, and subcontractors shall maintain complete and professionally adequate medical records consistent with the standards of practice in the geographic area and their respective health care professions. The Vendor and its employees, agents, and subcontractors shall prepare all reports, notes, forms, claims and correspondence that are necessary and appropriate to their professional services.
9.9
Licenses: During the term of this Agreement, the Vendor and its employees, agents, and subcontractors shall hold, current facility and occupational licenses and certifications at the levels required to practice their professions and to provide the contracted services in the State of North Carolina. Indemnification and Insurance
9.10
Indemnification: The Vendor agrees to indemnify and hold harmless the Division, the State of North Carolina, and any of their officers, agents and employees, from any claims of third parties arising out or any act or omission of the Vendor in connection with the performance of this contract.
9.11
Insurance (a)
During the term of the contract, the Vendor shall provide, at its sole cost and expense, commercial insurance of such types and with such terms and limits as may be reasonably associated with the contract. At a minimum, the Vendor shall provide and maintain the following coverage and limits: (1)
Worker’s Compensation Insurance: The Vendor shall provide and maintain worker’s compensation insurance, as required by the laws of the states in which its employees work, covering all of the Vendor’s employees who are engaged in any work under the contract.
(2)
Employer’s Liability Insurance: The Vendor shall provide employer’s liability insurance, with minimum limits of $500,000.00, covering all of the Vendor’s employees who are engaged in any work under the contract.
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(3)
Commercial General Liability Insurance: The Vendor shall provide commercial general liability insurance on a comprehensive broad form on an occurrence basis with a minimum combined single limit of $1,000,000.00 for each occurrence.
(4)
Professional Liability Insurance: The Vendor shall ensure that the Vendor’s employees, agents, and subcontractors each maintain through an insurance company -- or through a program of self-funded insurance -- professional liability insurance with limits of at least $1,000,000 per occurrence and at least $3,000,000 in the aggregate.
(5)
Automobile Liability Insurance: The Vendor shall provide automobile liability insurance with a combined single limit of $500,000.00 for bodily injury and property damage; a limit of $500,000.00 for uninsured/under insured motorist coverage; and a limit of $2,000.00 for medical payment coverage. The Vendor shall provide this insurance for all automobiles that are: (a)
owned by the Vendor and used in the performance of this contract;
(b)
hired by the Vendor and used in the performance of this contract; and
(c)
owned by Vendor’s employees and used in performance of this contract (“nonowned vehicle insurance”). Non-owned vehicle insurance protects employers when employees use their personal vehicles for work purposes. Non-owned vehicle insurance supplements, but does not replace, the car-owner’s liability insurance.
The Vendor is not required to provide and maintain automobile liability insurance on any vehicle – owned, hired, or non-owned -- unless the vehicle is used in the performance of this contract. (b)
The insurance coverage minimums specified in subparagraph (a) are exclusive of defense costs.
(c)
The Vendor understands and agrees that the insurance coverage minimums specified in subparagraph (a) are not limits, or caps, on the Vendor’s liability or obligations under this contract.
(d)
The Vendor may obtain a waiver of any one or more of the requirements in subparagraph (a) by demonstrating that it has insurance that provides protection that is equal to or greater than the coverage and limits specified in subparagraph (a). The Division shall be the sole judge of whether such a waiver should be granted.
(e)
The Vendor may obtain a waiver of any one or more of the requirements in paragraph (a) by demonstrating that it is self-insured and that its self-insurance provides protection that is equal to or greater than the coverage and limits specified in subparagraph (a). The Division shall be the sole judge of whether such a waiver should be granted.
(f)
Providing and maintaining the types and amounts of insurance or self-insurance specified in this paragraph is a material obligation of the Vendor and is of the essence of this contract.
(g)
The Vendor shall only obtain insurance from companies that are authorized to provide such
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coverage and that are authorized by the Commissioner of Insurance to do business in the State of North Carolina. All such insurance shall meet all laws of the State of North Carolina.
9.12
(h)
The Vendor shall comply at all times with all lawful terms and conditions of its insurance policies and all lawful requirements of its insurer.
(i)
The Vendor shall require its subcontractors to comply with the requirements of this paragraph.
(j)
The Vendor shall demonstrate its compliance with the requirements of this paragraph by submitting certificates of insurance to the Division before the Vendor begins work under this contract.
Liability Claims Against The Vendor: Neither the State of North Carolina, nor its employees shall be responsible for any liability claims against the Vendor. Default and Termination
9.13
Termination Without Cause: The Division may terminate this contract without cause by giving 30 days written notice to the Vendor. In that event, all finished or unfinished deliverable items prepared by the Vendor under this contract shall, at the option of the Division, become its property and the Vendor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials, minus any payment or compensation previously made.
9.14
Termination for Cause: If, through any cause, the Vendor shall fail to fulfill its obligations under this contract in a timely and proper manner, the Division shall have the right to terminate this contract by giving written notice to the Vendor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items prepared by the Vendor under this contract shall, at the option of the Division, become its property and the Vendor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials, minus any payment or compensation previously made. Notwithstanding the foregoing provision, the Vendor shall not be relieved of liability to the Division for damages sustained by the Division by virtue of the Vendor’s breach of this agreement, and the Division may withhold any payment due the Vendor for the purpose of setoff until such time as the exact amount of damages due the Division from such breach can be determined. In case of default by the Vendor, without limiting any other remedies for breach available to it, the Division may procure the contract services from other sources and hold the Vendor responsible for any excess cost occasioned thereby. The filing of a petition for bankruptcy by the Vendor shall be an act of default under this contract.
9.15
Waiver of Default: Waiver by the Division of any default or breach in compliance with the terms of this contract by the Vendor shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this contract unless stated to be such in writing, signed by an authorized representative of the Department and the Vendor and attached to the contract.
9.16
Availability of Funds: The parties to this contract agree and understand that the payment of the sums specified in this contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the Division.
9.17
Force Majeure: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic
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natural event or act of God. 9.18
Survival of Promises: All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. Compliance with Applicable Laws
9.19
Compliance with Laws: The Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority.
9.20
Equal Employment Opportunity: The Vendor shall comply with all federal and State laws relating to equal employment opportunity.
9.21
Health Insurance Portability and Accountability Act (HIPAA): The Vendor agrees that, if the Division determines that some or all of the activities within the scope of this contract are subject to the Health Insurance Portability and Accountability Act of 1996, P.L. 104-91, as amended (“HIPAA”), or its implementing regulations, it will comply with the HIPAA requirements and will execute such agreements and practices as the Division may require to ensure compliance. Confidentiality
9.22
Confidentiality Generally: The Vendor shall maintain the confidentiality of all information, data, instruments, documents, studies or reports given to or prepared or assembled by the Vendor under this agreement and shall not disclose such information, data, instruments, documents, studies or reports to any third party without the prior written approval of the Division, except as otherwise expressly authorized by this contract.
9.23
Confidentiality of Patient Records: The Vendor shall comply with all State and federal statutes, rules, and regulations governing the confidentiality of patient records.
9.24
Vendor Trade Secrets: (a)
If a Vendor discloses one or more of its trade secrets to the Division in response to an RFP or in connection with the Vendor’s performance of a public contract, the Division can protect the trade secret from public disclosure to the extent permitted by G.S. § 132-1.2 and 9 NCAC 6B .1001 if the Vendor takes one or more of the following steps before disclosing the trade secret to the Division. If the Vendor determines that all of the information on any given page of a proposal or contract deliverable constitutes a trade secret, as that term is defined in G.S. § 66-152(3), the Vendor may designate the entire page as confidential by marking the top and bottom of the page with the word “CONFIDENTIAL” in upper-case bold-face type. If the Vendor determines that any given page of a proposal or contract deliverable contains a mixture of trade secrets and nonconfidential information, the Vendor may highlight the trade secrets and indicate in the margins that the highlighted text constitutes a confidential trade secret. By so marking any page, the Vendor warrants that it has formed a good faith opinion, upon advice of counsel or other knowledgeable advisors, that the items marked confidential meet the requirements of G.S. §§ 66152(3) and 132-1.2(1). Note that 9 NCAC 6B .1001 specifies that price information may not be designated as confidential.
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(b)
The State may serve as the custodian of the Vendor's trade secrets but not as an arbiter of claims against the Vendor's assertion of confidentiality. If an action is brought pursuant to G.S. § 132-9 to compel the State to disclose information marked confidential, the Vendor agrees that it will intervene in the action through counsel and participate in defending the State and its officials and employees against the action. The Vendor agrees that it shall hold the State and its officials and employees harmless from any and all damages, costs, and attorneys' fees awarded against the State in the action. The State agrees to give the Vendor prompt written notice of any action seeking to compel the disclosure of Vendor's trade secrets. The State shall have the right, at its option and expense, to participate in the defense of the action through its counsel. The State shall have no liability to Vendor with respect to the disclosure of Vendor's trade secrets pursuant to an order issued by a court of competent jurisdiction pursuant to G.S. §132-9 or any other applicable law. Intellectual Property Rights
9.25
Copyrights and Ownership of Deliverables: All deliverable items produced pursuant to this contract are the exclusive property of the Division. The Vendor shall not assert a claim of copyright or other property interest in such deliverables.
9.26
Federal Intellectual Property Bankruptcy Protection Act: The Parties agree that the Division shall be entitled to all rights and benefits of the Federal Intellectual Property Bankruptcy Protection Act, Public Law 100-506, codified at 11 U.S.C. 365 (n), and any amendments thereto. Oversight
9.27
Access to Persons and Records: Pursuant to G.S. §§ 143-49(9) and 147-64.7, the State Auditor and the Department’s internal auditors shall have access to persons, facilities, and records as a result of all contracts or grants entered into by the Division to verify accounts and data affecting fees or performance. The Vendor shall give the North Carolina State Auditor, the N.C. Department of Health and Human Services, the Division, and their employees and agents, access to all persons, books, records, and accounts necessary to enable those agencies to audit the Vendor’s performance under this Contract.
9.28
Record Retention: (a)
The Department of Health and Human Services' basic records retention policy requires all records to be retained for a minimum of three years following completion or termination of the contract. If the contract is subject to Federal policy and regulations, record retention will normally be longer than three years since records must be retained for a period of three years following submission of the final Federal Financial Status Report, if applicable, or three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this contract has been started before expiration of the three year retention period described above, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three year period described above, whichever is later. Therefore, records shall not be destroyed, purged or disposed of without the express written consent of the Division.
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(b)
Upon contract termination, the Vendor shall turn all patient records over to the State or to the Vendor’s successor, as directed by the State. Warranties and Certifications
9.29
Date and Time Warranty: The Vendor warrants that the product(s) and service(s) furnished pursuant to this contract (“product” includes, without limitation, any piece of equipment, hardware, firmware, middleware, custom or commercial software, or internal components, subroutines, and interfaces therein) that perform any date and/or time data recognition function, calculation, or sequencing will support a four digit year format and will provide accurate date/time data and leap year calculations. This warranty shall survive the termination or expiration of this contract.
9.30
Certification Regarding Collection of Taxes: G.S. § 143-59.1 bars the Secretary of Administration from entering into contracts with Vendors that meet one of the conditions of G.S. § 105-164.8(b) and yet refuse to collect use taxes on sales of tangible personal property to purchasers in North Carolina. The conditions include: (a) maintenance of a retail establishment or office; (b) presence of representatives in the State that solicit sales or transact business on behalf of the Vendor; and (c) systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. The Vendor certifies that it and all of its affiliates (if any) collect all required taxes. Miscellaneous
9.31
Choice of Law: The validity of this contract and any of its terms or provisions, as well as the rights and duties of the parties to this contract, are governed by the laws of North Carolina. The Vendor, by signing this contract, agrees and submits, solely for matters concerning this Contract, to the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this contract and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and enforcement shall be determined.
9.32
Amendment: This contract may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives of the Division and the Vendor. The Purchase and Contract Divisions of the NC Department of Administration and the NC Department of Health and Human Services shall give prior approval to any amendment to a contract awarded through those offices.
9.33
Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this contract violates any applicable law, each such provision or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this contract shall remain in full force and effect.
9.34
Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof.
9.35
Time of the Essence: Time is of the essence in the performance of this contract.
9.36
Key Personnel: The Vendor shall not replace any of the key personnel assigned to the performance of this contract without the prior written approval of the Division. The term “key personnel” includes any and all persons identified as such in the contract documents and any other persons subsequently
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identified as key personnel by the written agreement of the parties. 9.37
Care of Property: The Vendor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse the Division for loss of, or damage to, such property. At the termination of this contract, the Vendor shall contact the Division for instructions as to the disposition of such property and shall comply with these instructions.
9.38
Travel Expenses: The Vendor shall be responsible for all travel expenses arising out of the Vendor’s performance of its duties under this Contract; the Division shall not reimburse the Vendor for any international travel expenses.
9.39
Sales/Use Tax Refunds: If eligible, the Vendor and all subcontractors shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. § 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports.
9.40
Advertising: The Vendor shall not use the award of this contract as a part of any news release or commercial advertising.
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ATTACHMENT A Certification of Compliance With G.S. 133-32 and Executive Order 24 Background A.
N.C. Gen. Stat. § 133-32 makes it unlawful for any vendor, Vendor, subcontractor, or supplier who: (1) has a contract with a governmental agency; or (2) has performed under such a contract within the past year; or (3) anticipates bidding on such a contract in the future; to make gifts or to give favors to any governmental officer or employee who is charged with the duty of: (1) preparing plans, specifications, or estimates for public contract; or (2) awarding or administering public contracts; or (3) inspecting or supervising construction.
B.
By means of Executive Order 24, signed on October 1, 2009, Governor Perdue expanded the prohibitions in N.C. Gen. Stat. § 133-32 to ban the giving of gifts and favors to any employee of the Cabinet agencies -- the Departments of Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, and Transportation and the Office of the Governor -- regardless of the nature of their official duties.
C.
Executive Order 24 can be viewed online at: http://www.governor.state.nc.us/NewsItems/ExecutiveOrderDetail.aspx?newsItemID=665
D.
N.C. Gen. Stat. § 133-32 can be viewed online at: http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl Certifications
1.
I certify that I understand that N.C. Gen. Stat. § 133-32 prohibits my organization, as a bidder on a public contract, from giving any gifts or favors to any governmental officer or employee who is charged with the duty of: (1) preparing plans, specifications, or estimates for public contract; or (2) awarding or administering public contracts; or (3) inspecting or supervising construction.
2.
I certify that I understand that Executive Order 24 prohibits my organization, as a bidder on a public contract, from giving any gifts or favors to any employee of Cabinet agencies and the Office of the Governor.
3.
I certify, on behalf of my organization and its employees and agents, that I have made reasonable inquiries and have found no evidence that any such prohibited gifts or favors have been offered or promised by any of my organization’s employees or agents to any covered State officers or employees.
4.
I certify that the language of this certification shall be included in all subcontracts at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly.
5.
I understand that this certification is a material representation of fact; that the North Carolina Department of Health and Human Services will rely upon this certification if it decides to award a contract to my organization; and that submission of this certification is a prerequisite for State review of the attached proposal.
VENDOR NAME
E-MAIL ADDRESS
AUTHORIZED SIGNATURE
DATE
TYPED OR PRINTED NAME OF PERSON SIGNING
TYPED OR PRINTED TITLE OF PERSON SIGNING
[This Certification Must Be Signed By The Same Individual Who Signed The Proposal Execution Page]
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ATTACHMENT B
Certification of Financial Condition Name of Vendor: __________________________________________________________________________ The undersigned hereby certifies that:
[check all applicable boxes]
The Vendor is in sound financial condition and received an unqualified audit opinion for the latest audit of its financial statements. Date of latest audit: __________________________ The Vendor has no outstanding liabilities to the Internal Revenue Service or other government entities. The Vendor is not the subject of any current litigation or findings of noncompliance under federal or state law. The Vendor has not been the subject of any past litigation or findings of any past litigation or findings of noncompliance under federal or state law. He or she is authorized to make the foregoing statements on behalf of the Vendor. If any one or more of the foregoing boxes is NOT checked, please explain the reason in your proposal.
________________________________________________________________________________________ Signature Date ________________________________________________________________________________________ Printed Name Title [This Certification Must Be Signed By The Same Individual Who Signed The Proposal Execution Page]
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ATTACHMENT C Cost Proposal Vendor Name: _____________________________________________________________________________ The above-named Vendor hereby offers to provide all of the services described in the above-named RFP and in the Vendor’s Technical Proposal, pursuant to the General Terms and Conditions specified in RFP Article 9, for the costs quoted below. __________________________________________________________________________________________ Signature Date _________________________________________________________________________________________ Printed Name Title
[The Cost Proposal Must Be Signed By The Same Individual Who Signed The Proposal Execution Page]
Monthly charge
$___________ x 12 =
$___________
_________________________________________
$___________
_________________________________________
$___________
_________________________________________
$___________
_________________________________________
$___________
TOTAL COST
$____________
Instructions (1)
Monthly prices constitute full compensation for all requirements specified in this Request for Proposal. The successful Vendor may not impose an additional charge for any items, such as long-distance, voice mail, or other telephone company charges, postage fees, interpreter fees, etc. Single occurrence fees, such as start-up, line connection fees, etc. must be separately itemized and explained.
(2)
Use the foregoing Cost Table to create your Cost Proposal.
(3)
Do not use any other tables or forms.
(4)
Do not modify the contents of any of the shaded cells in the Cost Tables.
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(5)
The costs to the State quoted in your Cost Proposal must cover all of your costs. No other payments will be made by the State for the services you render.
(6)
All costs quoted in your Cost Proposal must be firm and fixed for the duration of the contract, which could last as long as four (4) years if the State exercises its five (5) one-year options.
(7)
The State may ask for clarification of your Cost Proposal during the evaluation period but it is not required to do so. Cost Proposals that are incomplete or that contain significant inconsistencies may be rejected by the State without any request for clarification.
(8)
Unsigned Cost Proposals will be rejected by the State.
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ATTACHMENT D Administrative Rule Governing Award Protests 01 NCAC 05B .1519
PROTEST PROCEDURES
(a)
To ensure fairness to all offerors and to promote open competition, agencies and the Division of Purchase and Contract shall actively follow-up and be consistent in responding to an offeror's protest over contract awards.
(b)
This Rule applies only to contracts with an actual or estimated dollar value over ten thousand dollars ($10,000). Agencies may establish procedures to handle an offeror's concerns for contracts with less dollar value.
(c)
When an offeror wants to protest a contract awarded by an agency over ten thousand dollars ($10,000) in value, the agency and the offeror shall comply with the following:
(d)
(1)
The offeror shall submit a written request for a protest meeting to the agency's executive officer which shall be received by the agency's executive officer's office within thirty (30) consecutive calendar days from the date of the contract award. The executive officer shall furnish a copy of this letter to the SPO within five consecutive calendar days of receipt. The offeror's letter shall contain specific reasons and any supporting documentation for why it has a concern with the award. If the letter does not contain this information, or if the executive officer determines that a meeting would serve no purpose, then the executive officer may, within ten (10) consecutive calendar days from the date of receipt of the letter, respond in writing to the offeror and refuse the protest meeting request. A copy of the executive officer's letter shall be forwarded to the SPO.
(2)
If the protest meeting is granted, the executive officer shall attempt to schedule the meeting within thirty (30) consecutive calendar days after receipt of the letter, or as soon as possible thereafter. Within ten (10) consecutive calendar days from the date of the protest meeting, the executive officer shall respond to the offeror in writing with the executive officer's decision. A copy of the executive officer's letter shall be forwarded to the SPO.
(3)
The agency shall notify the SPO in writing of any further administrative or judicial review of the contract award.
(4)
The executive officer may appoint a designee to act on the executive officer's behalf under this Rule.
When an offeror wants to protest a contract awarded by the Secretary over ten thousand dollars ($10,000) in value, the SPO and the offeror shall comply with the following: (5)
The offeror shall submit a written request for a protest meeting to the SPO which shall be received by the Division within thirty (30) consecutive calendar days from the date of the contract award. The offeror's letter shall contain specific reasons and any supporting documentation for why it has a concern with the award. If the letter does not contain this information, or if the SPO determines that a meeting would serve no purpose, and then the SPO may, within ten (10) consecutive calendar days from the date of receipt of the letter, respond in writing to the offeror and refuse the protest meeting request.
(6)
If the protest meeting is granted, the SPO shall attempt to schedule the meeting within thirty (30) consecutive calendar days after receipt of the letter, or as soon as possible thereafter. Within ten (10) consecutive calendar days from the date of the protest meeting, the SPO shall respond to the offeror in writing with the SPO's decision.
History Note:
Authority G.S. 150B-2; 150B-22; 150B-23; 143-53; Eff. February 1, 1996; Temporary Amendment Eff. February 15, 1998; Amended Eff. April 1, 1999
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