The State Purchasing Division
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THE STATE PURCHASING DIVISION OF THE GENERAL SERVICES DEPARTMENT
AND
AGING AND LONG-TERM SERVICES DEPARTMENT
REQUEST FOR PROPOSALS (RFP)
FOR THE PROVISION OF STATEWIDE HOME CARE SERVICES
RFP #50-624-14-01214
ISSUE DATE: July 24, 2014
DUE DATE: August 20, 2014 2 I. INTRODUCTION
A. PURPOSE OF THIS REQUEST FOR PROPOSALS
The purpose of the Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiations for the procurement of contractual Home Care services for Adult Protective Services Division (APS) clients in all New Mexico Counties with the possibility of more than one contract award for the larger service areas.
These in-home services are designed for persons 18 years of age or older who have been referred to the contract provider by ALTSD’s Adult Protective Services Division. Select offerors will provide immediate in-home and community service hours that promote positive outcomes for adults with disabilities and elderly persons who have functional limitations which impair their ability to provide adequately for their own care or protection. These services are designed to enhance independence and maintain the individual’s safely in their homes.
The assignment of service hours is based upon assessed need of the individual with the understanding that this funding is designed to assist with those basic tasks that, without which, a recipient’s health or safety or ability to live in the home might be compromised.
The level of funding is not intended to meet all of each individual’s care and support needs. APS contracted home care services are designed to encourage self-sufficiency and utilize the client’s current support system, if any. APS home care provides some regular in-home oversight in order to remediate abuse, neglect, self-neglect or exploitation by assisting APS clients with essential tasks such as house cleaning, home maintenance, chores, personal care and essential transportation.
The provider will establish annual care reviews to assess the achievement of individualized goals and objectives for participants, which enhance safety, independence, social, emotional or physical well-being and the ability to remain in their homes and access necessary community services or appointments.
The Aging and Long-Term Services Department is requesting proposals for the provision of Home Care services in: Bernalillo, Catron, Chaves, Cibola, Colfax, Curry, DeBaca, Dona Ana, Guadalupe, Grant, Harding, Hidalgo, Eddy, Lea, Lincoln, Los Alamos, Luna, McKinley, Mora, Otero, Quay, Rio Arriba, Roosevelt, Sandoval, San Juan, San Miguel, Santa Fe, Sierra, Socorro, Taos, Torrance, Union and Valencia Counties in New Mexico. Offerors may bid on multiple counties or portions of counties.
B. BACKGROUND INFORMATION
Adult Protective Services (APS) Division of the Aging and Long-Term Services Department (ALTSD) is mandated by Statute to investigate allegations of abuse, neglect or exploitation
3 involving individuals eighteen years of age or older who are unable to manage their own care or affairs or protect themselves from maltreatment. The APS Division currently maintains 22 county offices statewide and serves all 33 New Mexico counties.
The Adult Protective Services Division, subject to the availability of funds, offers short term home care services for incapacitated adults who cannot find appropriate others willing to render assistance. The purpose of Home Care services is to provide flexible and individualized services for APS clients with functional limitations who require assistance maintaining a clean living environment and assistance with activities such as transportation to medical and essential community services. APS Services are designed to be offered until long-term services are allocated or other services become available or necessary. The contractor is expected to assist the client in applying for more appropriate long-term services (PCO, Medicaid Waiver, CoLTS etc.) or other available community services and to assist the individual throughout the waiting and allocation process.
C. SCOPE OF PROCUREMENT
Home Care is an array of services that is designed to keep clients’ homes clean and habitable, provide necessary care and assistance in the performance of activities of daily living (ADLs) and Instrumental Activities of Daily Living (IADLs). Home Care Service components include: Personal Care, Home Management, Chore Services as well as Service Management activities.
1. Mandatory (Required) Service Components
a. Administrative Support: involves the management of the day-to-day functions of the agency; including technical and programmatic support. (See “Definitions” in Section E for detail). This is a required indirect and non-billable service.
b. Service Management: facilitates and ensures the provision of services identified in the service plan, developed jointly with the person served or family, APS Worker, the Home Care Coordinators, and other interested parties. This is a required and billable service component.
c. Home Management: the provision of light-duty housekeeping services for persons having difficulty performing instrumental activities of daily living (IADLs). These tasks aid in maintaining the clean and habitable home environment necessary for clients to maintain residence in a safe setting and/or to alleviate or help prevent abuse, neglect or exploitation. Services may also include laundry, changing linins, shopping, essential errands, medical transportation and cooking. This is a required and billable service component.
d. Personal Care: the provision of hands-on or stand-by assistance, supervision or cueing for persons having difficulty performing activities of daily living (ADLs). This is a required and billable service component.
2. Elective/Billable Component
4 Chore Services: the provision of periodic, labor intensive work necessary to maintain a safe and hygienic living environment or to restore homes to a more safe and habitable condition. Chore Services may include tasks that support persons residing in homes without indoor plumbing and/or electricity or those heated solely by wood, coal or other sources. The Chore component may also involve contracting for or providing pest control services or the removal of materials that could constitute a health or safety hazard.
3. Target Population
Persons 18 years of age or older who have been referred to the contract provider by the Aging and Long-Term Services Department, Adult Protective Services Division. In general, referrals will be elderly or disabled APS clients who have had an investigation and are assessed to be unable to perform ADLs or the IADLs necessary to maintain a clean home or conduct essential activities such as coordinating medical appointments, running essential errands, shopping, laundry and/or cooking. Services may be provided to APS clients with imminent risk of harm without regard to income on a short-term basis, generally no more than three months, during which time, the contractor will assist the participant with applying for Medicaid long term care. Participants must meet both “need” and “income” criteria to be deemed eligible for ongoing services, as stated below.
4. Need Eligibility
The contractor (re)determines the adult’s need for ongoing Home Careservices by completing a written assessment of functional abilities at intake and every twelve months thereafter. Clients with functional limitations to activities to daily living which restrict their ability to complete specific essential tasks are eligible to receive assistance in these areas. Transportation or chore services may only be provided in conjunction with one or more weekly personal care or home maintenance activity.
Additionally, the contractor must secure written documentation from the client’s physician regarding the client’s basic medical diagnoses, functional care needs and concurrence with the medical necessity for such assistance. This HEALTH CARE PROVIDER STATEMENT is renewed and filed in the client’s permanent file every 12 months.
5. Income Eligibility
Clients must meet income guidelines for “Institutional Care Medicaid.” Continued income and resource eligibility for services must be documented by the contract service provider every calendar year. Social Security award letters, copies of direct deposit statements or check stubs may be used to verify this monthly income. The applicable income eligibility criteria are the same as the Medicaid income criteria for Institutional Care that is revised yearly.
6. Term of Procurement
5 This procurement may result in the award of multiple contracts for the remaining 9 months of fiscal year 2015. The anticipated contract effective date will be October 1, 2014 and run through June 30, 2015. There will be an annual renewal option for up to three (3) years, at the discretion of the Department. The total contract term, including all extensions and renewals, will not exceed four (4) years.
7. Eligible Entities The applicant can be a public/private nonprofit corporation 501(c) 3; a government agency, including public schools, tribal units and institutions of higher education; a not- for-profit community-based organization; or a New Mexico For-Profit Corporation. Collaborative entities and coalitions may also be considered for funding. Proposals will be accepted from current providers and new applicants doing business in the service counties or areas specified.
8. Payment Provisions
Payment will be provided through a fixed rate contract and in accordance with approved service components and allowable units.
9. Fixed Rate Contract
An agreement under which a specific, set rate is paid for a specific unit (hour) of service. The rate is fixed for the term of the contract, regardless of the provider’s cost. When a rate is negotiated and agreed upon, the payment of funds each month is dependent on the number of units provided by the contractor. Additionally, Quarterly Reports submitted by the provider and annual on-site program audits will be utilized to measure compliance with the contract requirements, particularly in ensuring that the target population is being served and that these services meet contract expectations for the number of participants and the amounts and types of service being provided.
D. PROCUREMENT MANAGER
1. ALTSD has assigned a Procurement Manager who is responsible for the conduct of this procurement whose name, mailing address, telephone number and e-mail address are listed below:
Name: Julia Gil, Procurement Manager Address: PO Box 27118 Santa Fe, NM 87505-7118 Telephone: (505) 476-4786 Fax: (505) 476-4738 Email: [email protected]
2. All deliveries of responses via express carrier must be addressed as follows:
6 Name: Julia Gil, Procurement Manager c/o Angelica Lopez Reference RFP Name: Home Care Services RFP #50-624-14-01214 Address: State Purchasing Division 1100 St. Francis Dr. Room 2016 Santa Fe, New Mexico 87505 3. Any inquiries or requests regarding this procurement should be submitted, in writing, to the Procurement Manager. Offerors may contact ONLY the Procurement Manager regarding this procurement. Other state employees or Evaluation Committee members do not have the authority to respond on behalf of the SPD. Protests of the solicitation or award must be delivered by mail to the Protest Manager. As a Protest Manager has been named in this Request for Proposals, pursuant to Section NMSA 1978, § 13-1-172, ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. Emailed protests will not be considered.
E. DEFINITION OF TERMINOLOGY
This section contains definitions of terms used throughout this procurement document, including appropriate abbreviations:
“Agency” means the Aging and Long-Term Services Department (ALTSD) and the entity sponsoring the Procurement action.
“APS” means the Adult Protective Services Division of the Aging and Long-Term Services Department.
“Award” means the final execution of the contract document.
“Billable Units” means the number of staff hours (or portion of hours) provided to referred clients that meet the service definitions within the scope of work and the price agreement. “Business Hours” means 8:00 AM thru 5:00 PM Mountain Standard or Mountain Daylight Time, whichever is in effect on the date given.
“Close of Business” means 5:00 PM Mountain Standard or Daylight Time, whichever is in use at that time.
“Contract" means any agreement for the procurement of items of tangible personal property, or services.
“Contractor" means a successful offeror who enters into a binding contract.
“Department” means the Aging and Long-Term Services Department.
“Determination" means the written documentation of a decision of a procurement officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.
7 “Desirable" the terms "may", "can", "should", "preferably", or "prefers" identify a desirable or discretionary item or factor (as opposed to mandatory).
“Electronic Version/Copy” means a digital form consisting of text, images or both readable on computers or other electronic devices that includes all content that the Original and Hard Copy proposals contain. The digital form may be submitted using a compact disc (cd) or USB flash drive. The electronic version/copy can NOT be emailed.
“Evaluation Committee" means a body appointed by the Agency management to perform the evaluation of Offeror proposals.
“Evaluation Committee Report" means a report prepared by the Procurement Manager and the Evaluation Committee for contract award. It will contain written determinations resulting from the procurement.
“Finalist” means an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.
“Hourly Rate” means the proposed fully loaded maximum hourly rates that include travel, per diem, fringe benefits and any overhead costs for contractor personnel, as well as subcontractor personnel, if appropriate.
“IT” means Information Technology.
“Mandatory" – the terms "must", "shall", "will", "is required", or "are required", identify a mandatory item or factor (as opposed to desirable). Failure to meet a mandatory item or factor will result in the rejection of the Offeror’s proposal.
“Minor Technical Irregularities” anything in the proposal that does not affect the price quality and quantity or any other mandatory requirement.
“Multiple Source Award" means an award of a contract for one or more similar services to more than one Offeror.
“Offeror" is any person, corporation, or partnership who chooses to submit a proposal.
“Other Supporting Materials” means material Offerors feel may enhance their proposal.
“Price Agreement" means a definite quantity of service hours furnished to a state agency within the quantity limitations of the contract.
“Procurement Manager” means any person or designee authorized by a state agency or local public body to enter into or administer contracts and make written determinations with respect thereto.
8 “Procuring Agency" means all State of New Mexico agencies, commissions, institutions, political subdivisions and local public bodies allowed by law to entertain procurements.
“Request for Proposals (RFP)" means all documents, including those attached or incorporated by reference, used for soliciting proposals.
“RESERVED” means this section is not applicable to this RFP or sections of the RFP documents set aside for future or special use.
“Responsible Offeror" means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, or items of tangible personal property described in the proposal.
“Responsive Offer" or “Responsive Proposal” means an offer which conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for proposals include, but are not limited to price, quality, quantity or delivery requirements.
“Service Unit” means the provision of an hour or a portion of an hour of direct in-home or service management tasks that meet the definition for the service components defined in the scope of work.
“SPD” means State Purchasing Division of the New Mexico State General Services Department.
“Staff" means any individual who is a full-time, part-time, or an independently contracted employee with the Offeror’s company.
“State (the State)” means the State of New Mexico.
“State Agency” means any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of this state. “State agency” includes the purchasing division of the general services department and the state purchasing agent but does not include local public bodies.
“State Purchasing Agent” means the director of the purchasing division of the general services department. F. PROCUREMENT LIBRARY A procurement library has been established. Offerors are encouraged to review the material contained in the Procurement Library by selecting the link provided in the electronic version of this document through your own internet connection or by contacting the Procurement Manager and scheduling an appointment. The library contains information listed below:
9 http://www.generalservices.state.nm.us/statepurchasing/ITBs__RFPs_and_Bid_Tabulation.as px Request for Proposal RFP #50-624-14-01214
http://www.nmaging.state.nm.us/Requests_for_Proposal.aspx
RFP #50-624-14-01214 – The Provision of Statewide Home Care Services Document
http://www.generalservices.state.nm.us/uploads/files/SPD/User%20Guides/Procurement%20Code.pdf
New Mexico Procurement Code
http://www.generalservices.state.nm.us/uploads/files/SPD/User %20Guides/1%204%201%20NMAC.pdf
New Mexico Procurement Rules
http://www.nmaging.state.nm.us/uploads/FileLinks/93d89f60b10b4732be44e6c31f403060/2009- 2013-New-Mexico-State-Plan.pdf
ALTSD’s Current State Plan
http://www.insurenewmexico.state.nm.us/
New Mexico Health Care Coverage Guidelines
http://sos.state.nm.us/pdf/GCA2009.pdf
New Mexico Secretary of State website
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10 II. CONDITIONS GOVERNING THE PROCUREMENT
This section of the RFP contains the schedule, description and conditions governing the procurement.
A. SEQUENCE OF EVENTS
The Procurement Manager will make every effort to adhere to the following schedule:
Action Responsible Party Due Dates 1. Issue RFP ALTSD July 24, 2104 2. Return of Acknowledgement ALTSD August 4, 2014 of Receipt/Distribution List 3. Pre-Proposal Conference ALTSD August 4, 2014 4. Deadline to submit Potential Offerors August 6, 2014 Questions 5. Response to Written Procurement Manager August 8, 2014 Questions 6. Submission of Proposal Potential Offerors August 20, 2014 7. Proposal Evaluation Evaluation Committee August 27, 2014 8. Selection of Finalists Evaluation Committee August 29, 2014 9. Finalize Contractual ALTSD September 2, 2014 Agreements 10. Contract Awards ALTSD September 3, 2014 11. Protest Deadline ALTSD +15 days
B. EXPLANATION OF EVENTS
The following paragraphs describe the activities listed in the sequence of events shown in Section II. A. above.
1. Issuance of RFP
This RFP is being issued on behalf of the New Mexico State Aging and Long-Term Services Department on July 24, 2014.
2. Acknowledgement Of Receipt/Distribution List
Potential Offerors should hand deliver, return by facsimile or registered or certified mail the "Acknowledgement of Receipt of Request for Proposals Form" that accompanies this document, APPENDIX A, to have their organization placed on the procurement distribution list. The form should be signed by an authorized representative of the organization, dated and returned to the Procurement Manager by 3:00 pm MDT on August 4, 2014.
11 The procurement distribution list will be used for the distribution of written responses to questions. Failure to return the Acknowledgement of Receipt form shall constitute a presumption of receipt and rejection of the RFP, and the potential Offeror’s organization name shall not appear on the distribution list.
3. Pre-Proposal Conference
A pre-proposal conference will be held as indicated in the sequence of events beginning at 10:00 am Mountain Daylight Time at:
Aging and Long-Term Services Department Toney Anaya Building ASD Conference Room 2550 Cerrillos Road Santa Fe, New Mexico 87505
Potential Offeror(s) are encouraged to submit written questions in advance of the conference to the Procurement Manager (see Section I, Paragraph D). The identity of the organization submitting the question(s) will not be revealed. Additional written questions may be submitted at the conference. All written questions will be addressed in writing on the date listed in the Sequence of Events. A public log will be kept of the names of potential Offeror(s) that attended the pre-proposal conference.
Attendance at the pre-proposal conference is highly recommended, but not a prerequisite for submission of a proposal.
Potential Offerors are encouraged to periodically check the SPD and the ALTSD websites for any changes to the pre-proposal conference.
http://www.generalservices.state.nm.us/statepurchasing/ITBs__RFPs_and_Bid_Tabulatio n.aspx www.http://www.nmaging.state.nm.us/Requests_for_Proposal.aspx
4. Deadline to Submit Written Questions
Potential Offerors may submit written questions to the Procurement Manager as to the intent or clarity of this RFP until 3:00 PM Mountain Daylight Time as indicated in the sequence of events. All written questions must be addressed to the Procurement Manager as declared in Section I, Paragraph D.
5. Response to Written Questions
Written responses to written questions will be distributed as indicated in the sequence of events to all potential Offerors whose organization name appears on the procurement
12 distribution list. An e-mail copy will be sent to all Offeror’s that provide Acknowledgement of Receipt Forms described in II.B.2 before the deadline. Additional copies will be posted on the SPD and ALTSD website at: http://www.generalservices.state.nm.us/statepurchasing/ITBs__RFPs_and_Bid_Tabulatio n.aspx
http://www.nmaging.state.nm.us/Requests_for_Proposal.aspx
6. Submission of Proposal
ALL OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND EVALUATION BY THE PROCUREMENT MANAGER OR DESIGNEE NO LATER THAN 3:00 PM MOUNTAIN DAYLIGHT TIME ON WEDNESDAY, AUGUST 20, 2014. Proposals received after this deadline will not be accepted. The date and time of receipt will be recorded on each proposal.
Proposals must be addressed and delivered to the Procurement Manager at the address listed in Section I, Paragraph D2 Proposals must be sealed and labeled on the outside of the package to clearly indicate that they are in response to the Home Care Services RFP #50-624-14-01214. Proposals submitted by facsimile, or other electronic means will not be accepted.
A public log will be kept of the names of all Offeror organizations that submitted proposals. Pursuant to NMSA 1978 § 13-1-116, the contents of proposals shall not be disclosed to competing potential Offerors during the negotiation process. The negotiation process is deemed to be in effect until the contract is awarded pursuant to this Request for Proposals. Awarded in this context means the final required state agency signature on the contract(s) resulting from the procurement has been obtained.
7. Proposal Evaluation
An Evaluation Committee will perform the evaluation of proposals. This process will take place as indicated in the sequence of events, depending upon the number of proposals received. During this time, the Procurement Manager may initiate discussions with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals. However, proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors.
8. Selection of Finalists
The Evaluation Committee will select and the Procurement Manager will notify the finalist Offerors as per schedule Section II. A. Sequence of Events or as soon as possible.
13 9. Finalize Contractual Agreements
Any Contractual agreement(s) resulting from this RFP will be finalized with the most advantageous Offeror(s) as per schedule Section II. A., Sequence of Events or as soon thereafter as possible. This date is subject to change at the discretion of the State Purchasing Division or Agency Procurement office. In the event mutually agreeable terms cannot be reached with the apparent most advantageous Offeror in the time specified, the State reserves the right to finalize a contractual agreement with the next most advantageous Offeror(s) without undertaking a new procurement process.
10. Contract Awards
After review of the Evaluation Committee Report and the signed contractual agreement, the Agency Procurement office will award as per the schedule in Section II. A., Sequence of Events or as soon as possible thereafter. This date is subject to change at the discretion of the State Purchasing Division or Agency Procurement office.
The contract shall be awarded to the Offeror (or Offerors) whose proposals are most advantageous to the State of New Mexico and the Aging and Long-Term Services Department, taking into consideration the evaluation factors set forth in this RFP. The most advantageous proposal may or may not have received the most points. The award is subject to appropriate Department and State approval.
11. Protest Deadline
Any protest by an Offeror must be timely and in conformance with NMSA 1978 § 13-1- 172 and applicable procurement regulations. As a Protest Manager has been named in this Request for Proposals, pursuant to NMSA 1978, § 13-1-172, ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. The 15 calendar day protest period shall begin on the day following the award of contracts and will end at 5:00 pm Mountain Daylight Time on the 15th day. Protests must be written and must include the name and address of the protestor and the request for proposal number. It must also contain a statement of the grounds for protest including appropriate supporting exhibits and it must specify the ruling requested from the party listed below. The protest must be delivered to:
Name: Lawrence O. Maxwell State Purchasing Division General Services Department 1100 St. Francis Drive, Room 2016 Santa Fe, NM 87505
Protests received after the deadline will not be accepted.
14 C. GENERAL REQUIREMENTS
1. Acceptance of Conditions Governing the Procurement
Potential Offerors must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal. Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Section V of this RFP.
2. Incurring Cost
Any cost incurred by the potential Offeror in preparation, transmittal, and/or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror. Any cost incurred by the Offeror for set up and demonstration of the proposed equipment and/or system shall be borne solely by the Offeror.
3. Prime Contractor Responsibility
Any contractual agreement that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of all requirements of the contractual agreement with a state agency which may derive from this RFP. The state agency entering into a contractual agreement with a vendor will make payments to only the prime contractor.
4. Subcontractors/Consent
The use of subcontractors is allowed. The prime contractor shall be wholly responsible for the entire performance of the contractual agreement whether or not subcontractors are used. Additionally, the prime contractor must receive approval, in writing, from the agency awarding any resultant contract, before any subcontractor is used during the term of this agreement.
5. Amended Proposals
An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. The Agency personnel will not merge, collate, or assemble proposal materials.
6. Offeror’s Rights to Withdraw Proposal
Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The Offeror must submit a written withdrawal request addressed to the Procurement Manager and signed by the Offeror’s duly authorized representative.
15 The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations.
7. Proposal Offer Firm
Responses to this RFP, including proposal prices for services, will be considered firm for one hundred twenty (120) days after the due date for receipt of proposals or ninety (90) days after the due date for the receipt of a best and final offer, if the Offeror is invited or required to submit one.
8. Disclosure of Proposal Contents
Proposals will be kept confidential until negotiations and the award are completed by the Agency. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for material that is clearly marked proprietary or confidential. The Procurement Manager will not disclose or make public any pages of a proposal on which the potential Offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements:
A. Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal.
B. Confidential data is restricted to: 1. confidential financial information concerning the Offeror’s organization; 2. and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, Sections 57-3A-1 to 57-3A-7 NMSA 1978. 3. PLEASE NOTE: The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information.
If a request is received for disclosure of data for which an Offeror has made a written request for confidentiality, the Agency shall examine the Offeror’s request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the Offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.
9. No Obligation
This RFP in no manner obligates the State of New Mexico or any of its Agencies to the use of any Offeror’s services until a valid written contract is awarded and approved by appropriate authorities.
10. Termination
16 This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the agency determines such action to be in the best interest of the State of New Mexico.
11. Sufficient Appropriation
Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such terminations will be effected by sending written notice to the contractor. The Agency’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.
12. Legal Review
The Agency requires that all Offerors agree to be bound by the General Requirements contained in this RFP. Any Offeror’s concerns must be promptly submitted in writing to the attention of the Procurement Manager.
13. Governing Law
This RFP and any agreement with an Offeror which may result from this procurement shall be governed by the laws of the State of New Mexico.
14. Basis for Proposal
Only information supplied, in writing, by the Agency through the Procurement Manager or in this RFP should be used as the basis for the preparation of Offeror proposals.
15. Contract Terms and Conditions
The contract between an agency and a contractor will follow the format specified by the Agency and contain the terms and conditions set forth in the Sample Contract Appendix C. However, the contracting agency reserves the right to negotiate provisions in addition to those contained in this RFP (Sample Contract) with any Offeror. The contents of this RFP, as revised and/or supplemented, and the successful Offeror’s proposal will be incorporated into and become part of any resultant contract.
The Agency discourages exceptions from the contract terms and conditions as set forth in the RFP Sample Contract. Such exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the Agency (and its evaluation team), the proposal appears to be conditioned on the exception, or correction of what is deemed to be a deficiency, or an unacceptable exception is proposed which would require a substantial proposal rewrite to correct.
17 Should an Offeror object to any of the terms and conditions as set forth in the RFP Sample Contract (APPENDIX C) strongly enough to propose alternate terms and conditions in spite of the above, the Offeror must propose specific alternative language. The Agency may or may not accept the alternative language. General references to the Offeror’s terms and conditions or attempts at complete substitutions of the Sample Contract are not acceptable to the Agency and will result in disqualification of the Offeror’s proposal.
Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording.
16. Offeror’s Terms and Conditions
Offerors must submit with the proposal a complete set of any additional terms and conditions they expect to have included in a contract negotiated with the Agency.
17. Contract Deviations
Any additional terms and conditions, which may be the subject of negotiation, will be discussed only between the Agency and the Offeror selected and shall not be deemed an opportunity to amend the Offeror’s proposal.
18. Offeror Qualifications
The Evaluation Committee may make such investigations as necessary to determine the ability of the potential Offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any potential Offeror who is not a Responsible Offeror or fails to submit a responsive offer as defined in Sections 13-1-83 and 13-1-85 NMSA 1978.
19. Right to Waive Minor Irregularities
The Evaluation Committee reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.
20. Change in Contractor Representatives
The Agency reserves the right to require a change in contractor representatives if the assigned representative(s) is (are) not, in the opinion of the Agency, adequately meeting the needs of the Agency.
18 21. Notice of Penalties
The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil, misdemeanor and felony criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.
22. Agency Rights
The Agency in agreement with the Evaluation Committee reserves the right to accept all or a portion of a potential Offeror’s proposal.
23. Right to Publish
Throughout the duration of this procurement process and contract term, Offerors and contractors must secure from the agency written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement and/or agency contracts deriving from this procurement. Failure to adhere to this requirement may result in disqualification of the Offeror’s proposal or removal from the contract.
24. Ownership of Proposals
All documents submitted in response to the RFP shall become property of the State of New Mexico.
25. Confidentiality
Any confidential information provided to, or developed by, the contractor in the performance of the contract resulting from this RFP shall be kept confidential and shall not be made available to any individual or organization by the contractor without the prior written approval of the Agency.
The Contractor(s) agrees to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the procuring Agency's written permission.
26. Electronic mail address required
A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Offeror must have a valid e-mail address to receive this correspondence. (See also Section II.B.5, Response to Written Questions).
19 27. Use of Electronic Versions of this RFP
This RFP is being made available by electronic means. In the event of conflict between a version of the RFP in the Offeror’s possession and the version maintained by the agency, the Offeror acknowledges that the version maintained by the agency shall govern. Please refer to: http://www.generalservices.state.nm.us/statepurchasing/
28. New Mexico Employees Health Coverage
A. If the Offeror has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Offeror must agree to have in place, and agree to maintain for the term of the contract, health insurance for those employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.
B. Offeror must agree to maintain a record of the number of employees who have (a) accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state.
C. Offeror must agree to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information
http://www.insurenewmexico.state.nm.us/.
D. For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the Offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000.
29. Campaign Contribution Disclosure Form
Offeror must complete, sign, and return the Campaign Contribution Disclosure Form, APPENDIX B, as a part of their proposal. This requirement applies regardless whether a covered contribution was made or not made for the positions of Governor and Lieutenant Governor or other identified official. Failure to complete and return the signed unaltered form will result in disqualification.
30. Letter of Transmittal
20 Offeror’s proposal must be accompanied by the Letter of Transmittal Form located in APPENDIX E which must be completed and signed by an individual person authorized to obligate the company. The letter of transmittal MUST:
1. Identify the submitting business entity. 2. Identify the name, title, telephone, and e-mail address of the person authorized by the Offeror organization to contractually obligate the business entity providing the Offer. 3. Identify the name, title, telephone, and e-mail address of the person authorized to negotiate the contract on behalf of the organization (if different than (2) above). 4. Identify the names, titles, telephone, and e-mail addresses of persons to be contacted for clarification/questions regarding proposal content. 5. Identify sub-contractors (if any) anticipated to be utilized in the performance of any resultant contract award. 6. Describe the relationship with any other entity which will be used in the performance of this awarded contract. 7. Identify the following with a check mark and signature where required: a. Explicitly indicate acceptance of the Conditions Governing the Procurement stated in Section II. C.1; b. Acceptance of Section V of this RFP; and c. Acknowledge receipt of any and all amendments to this RFP. 8. Be signed by the person identified in para 2 above.
31. Pay Equity Reporting Requirements
A. If the Offeror has ten (10) or more employees OR eight (8) or more employees in the same job classification, Offeror must complete and submit the required reporting form (PE10-249) if they are awarded a contract. Out-of-state Contractors that have no facilities and no employees working in New Mexico are exempt if the contract is directly with the out-of-state contractor and fulfilled directly by the out-of-state contractor, and not passed through a local vendor.
B. For contracts that extend beyond one (1) calendar year, or are extended beyond one (1) calendar year, Offeror must also agree to complete and submit the required form annually within thirty (30) calendar days of the annual bid or proposal submittal anniversary date and, if more than 180 days has elapsed since submittal of the last report, at the completion of the contract.
C. Should Offeror not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, Offeror must agree to provide the required report within ninety (90) calendar days of meeting or exceeding the size requirement.
D. Offeror must also agree to levy these reporting requirements on any subcontractor(s) performing more than 10% of the dollar value of this contract if said
21 subcontractor(s) meets, or grows to meet, the stated employee size thresholds during the term of the contract. Offeror must further agree that, should one or more subcontractor not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, offer will submit the required report, for each such subcontractor, within ninety (90) calendar days of that subcontractor meeting or exceeding the size requirement.
32. Disclosure Regarding Responsibility
A. Any prospective Contractor and any of its Principals who enter into a contract greater than sixty thousand dollars ($60,000.00) with any state agency or local public body for professional services, tangible personal property, services or construction agrees to disclose whether the Contractor, or any principal of the Contractor’s company: 1. is presently debarred, suspended, proposed for debarment, or declared ineligible for award of contract by any federal entity, state agency or local public body;
2. has within a three-year period preceding this offer, been convicted in a criminal matter or had a civil judgment rendered against them for: a. the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) contract or subcontract; b. violation of Federal or state antitrust statutes related to the submission of offers; or c. the commission in any federal or state jurisdiction of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violation of Federal criminal tax law, or receiving stolen property;
3. is presently indicted for, or otherwise criminally or civilly charged by any (federal state or local) government entity with the commission of any of the offenses enumerated in paragraph A of this disclosure;
4. has, preceding this offer, been notified of any delinquent Federal or state taxes in an amount that exceeds $3,000.00 of which the liability remains unsatisfied. Taxes are considered delinquent if the following criteria apply. a. The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge of the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. b. The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
22 c. Have within a three year period preceding this offer, had one or more contracts terminated for default by any federal or state agency or local public body.)
B. Principal, for the purpose of this disclosure, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity or related entities.
C. The Contractor shall provide immediate written notice to the State Purchasing Agent or other party to this Agreement if, at any time during the term of this Agreement, the Contractor learns that the Contractor’s disclosure was at any time erroneous or became erroneous by reason of changed circumstances. D. A disclosure that any of the items in this requirement exist will not necessarily result in termination of this Agreement. However, the disclosure will be considered in the determination of the Contractor’s responsibility and ability to perform under this Agreement. Failure of the Contractor to furnish a disclosure or provide additional information as requested will be grounds for immediate termination of this Agreement pursuant to the conditions set forth in Paragraph 7 of this Agreement.
E. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the disclosure required by this document. The knowledge and information of a Contractor is not required to exceed that which is the normally possessed by a prudent person in the ordinary course of business dealings.
F. The disclosure requirement provided is a material representation of fact upon which reliance was placed when making an award and is a continuing material representation of the facts during the term of this Agreement. If during the performance of the contract, the Contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state or local) with commission of any offenses named in this document the Contractor must provide immediate written notice to the State Purchasing Agent or other party to this Agreement. If it is later determined that the Contractor knowingly rendered an erroneous disclosure, in addition to other remedies available to the Government, the State Purchasing Agent or Central Purchasing Officer may terminate the involved contract for cause. Still further the State Purchasing Agent or Central Purchasing Officer may suspend or debar the Contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the State Purchasing Agent or Central Purchasing Officer.
33. New Mexico Preferences To ensure adequate consideration and application of NMSA 1978 § 13-1-21 (as amended), A. New Mexico Business Preference Offerors must include a copy of their preference certificate with their proposal.
23 Certificates for preferences must be obtained through the New Mexico Department of Taxation & Revenue http://www.tax.newmexico.gov/Businesses/in-state-veteran- preference-certification.aspx.
B. New Mexico Resident Veterans Business Preference In addition to a copy of the certification, the Offeror should sign and complete the Resident Veterans Preference Certificate form, as provided in this RFP. http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference- certification.aspx
An agency shall not award a business both a resident business preference and a resident veteran business preference.
The New Mexico Preferences shall not apply when the expenditures for this RFP includes federal funds.
24 III. RESPONSE FORMAT AND ORGANIZATION
A. NUMBER OF RESPONSES
Offerors shall submit only one proposal in response to this RFP.
B. NUMBER OF COPIES – for hard copy submissions
Offerors shall deliver:
1) One (1) proposal submitted as an “Original” with four (4) identical hardcopies. The Original and all copies shall be submitted in separate labeled binders. 2) Proposals submitted by facsimile, or other electronic means, will not be accepted. 3) All Confidential information in the proposal shall be clearly identified and easily segregated from the rest of the proposal.
The original and hard copies must be identical. In the event of a conflict between versions of the submitted proposal, the Original shall govern.
Any proposal that does not adhere to the requirements of Section III.D.1 - Proposal Content and Organization may be deemed non-responsive and rejected on that basis.
C. NUMBER OF COPIES – for electronic submissions through SciQuest
If the proposal is submitted through State Purchasing’s electronic submission system SciQuest, the Offeror need only submit a single electronic copy of each binder of the proposal. Please separate the proposal for the technical specifications and the proposal for the cost as well as the proposal for the other supporting material/confidential information into separate files in your submission. Each “envelope” (file) location for each of the three sections of the RFP will be specified in the upload section of the Offeror’s electronic submission. If you submit your response through our electronic system (SciQuest), you do not need to also submit a hard copy.
1) Technical Proposals – one (1) electronic upload. All information for the technical proposal must be combined into a single file/document for uploading Financial information considered confidential should be placed in the Other Supporting Material/Confidential Information “envelope” (file)
2) Cost Proposals – – one (1) electronic upload. All information for the cost proposal must be combined into a single file/document for uploading.
25 3) Other Supporting Material/Confidential Information - one (1) electronic upload containing ONLY Other Supporting Material and/or confidential information. Confidential information shall be clearly identified and segregated on the electronic version mirroring the hard copy submitted.
For SciQuest technical issues contact (505) 827-0467.
D. PROPOSAL FORMAT
1. All proposals must be submitted as follows:
a. Typewritten on standard 8 ½ x 11 inch paper (larger paper is permissible for charts, spreadsheets, etc.) using font size no smaller than 12-point. b. Placed within binders with tabs delineating each section and each page must be numbered. c. All Confidential information in the proposal shall be clearly identified and easily segregated from the rest of the proposal.
2. Proposal Content and Organization
The following instructions describe the format and content for the submission of proposals. The proposal must be organized and indexed and at a minimum consist of 8- tabbed sections. Within each section of the proposal, applicants should include all items in the order in which they appear in this RFP. All forms provided must be thoroughly completed, signed and included in the appropriate section of the proposal. The optional Proposal Summary may provide the Evaluation Committee with an overview of the proposal but will not be included in the evaluation process.
Any proposal that does not adhere to this format, and which does not address each specification and requirement within the RFP, may be deemed non-responsive and rejected on that basis.
The Department will make the final determination as to a proposal's completeness or responsiveness. The Department will not copy or collate proposals and all material submitted in response to this RFP becomes the property of the State of New Mexico. The Offeror shall be responsible for all costs incurred in the preparation or submission of a proposal.
Direct reference to pre-prepared or promotional material may be used if referenced and clearly marked. Promotional material should be minimal and placed in section “Other Supporting Material” (Tab 8).
The proposal must be organized and indexed in the following format and must contain, at a minimum, all listed items in the 8-tab sequence indicated below:
26 TAB 1: Letter of Transmittal (signed) – Required
Each proposal must be accompanied by a letter of transmittal which MUST:
a. Identify the submitting organization, and demographic data; b. Identify the name, title, e-mail address and telephone number of the person authorized by the Offeror organization to contractually obligate the organization; c. Identify the name, title, e-mail address and telephone number of the person authorized to negotiate the contract on behalf of the organization (if different than the person authorized to contractually obligate the organization); d. Identify the names, titles, e-mail addresses and telephone numbers of persons to be contacted for clarification/questions re proposal content; e. Identify sub-contractors (if any) to be used in the performance of and of the mandatory service components; f. Describe the relationship with any other entity which will be used in the performance of this awarded contract. g. Identify with a check mark and signature as required in item 7 that: h. Explicitly indicates acceptance of the Conditions Governing the Procurement stated in Section II. C.1; i. Indicates Acceptance of Section V of this RFP; j. Acknowledges receipt of any and all amendments to this RFP. k. Concurs with the requirement to submit Pay Equity Reports as defined in Section II.C.30, at the time of contract award and as required. l. Be signed by the person authorized to contractually obligate the organization (identified in 1c above).
TAB 2: Table of Contents – Required
TAB 3: Proposal Fact Sheet and Acceptance of Conditions (Form 1) (signed) – Required
a. Each proposal must be accompanied by an APS Home Care Proposal Fact Sheet and Acceptance of Conditions Form (APPENDIX I). All information requested on the Proposal Fact Sheet must be accurate, complete, and signed by an authorized person. Summarize the financial budget information requested; b. Identify the proposed geographical service area to be served to include counties or portions thereof;
TAB 3: Proposal Summary – Optional
This summary may be included by offerors to provide the Evaluation Committee with an overview of the technical and business features of the
27 proposal; however, this material will not be used in the evaluation process unless specifically referenced from other portions of the Offeror’s proposal.
TAB 4: Response to Technical Specifications
TAB 5: Completed Cost Response – Unit and Budget Summary Request Form
TAB 6: Forms
a. Line Item Budget (Form 2a)
b. Budget Narrative (Form 2b)
c. Staff Qualifications/Personnel Costs Summary (Form 3)
d. Statement of Assurances (Form 5)
e. Board of Directors Roster (Form 6a)
f. Advisory Board Roster (Form 6b)
g. Campaign Contribution Form (signed)
h. Employee Health Coverage Form (signed)
i. NM Resident Vendor or Resident Veteran Certificate (If applicable) j. NM Resident Veteran Preference Certificate (If applicable)
TAB 7: Offeror's Additional Terms and Conditions (if any)
TAB 8: Other Supporting Material (Optional)
Examples, promotional material etc.
28 IV. SPECIFICATIONS
Offerors should respond in the form of a thorough narrative to each specification, unless otherwise instructed. The narratives, including required supporting materials will be evaluated and awarded points accordingly.
A. DETAILED SCOPE OF WORK
Contractual Home Care through Adult Protective Services is a short-term service for adults with medically documented functional impairment(s). The purpose of this contract is to assure the provision of an individualized number of Service Units of Home Care to individuals referred by ALTSD Adult Protective Services. The selected contractor will provide services to individuals based upon assessed need to an established weekly maximum number of hours, at the rate specified in the service plan. Service provision is then monitored by the Monthly Unit Invoice, and through Quarterly Reports and Program Site Reviews.
The Aging and Long-Term Services Department has implemented an “Outcome Management System” to meet the requirements of the New Mexico Governmental Accountability Act. “Outcomes” are defined as performance results for a specific program’s clients and customers. The necessity for setting Outcome targets in contracts assists in evaluating the effectiveness of the services being provided.
Home Care Scope of Work
The Contractor shall:
1. Provide authorized Home Care services to persons 18 years of age or older who have been referred to the contract provider by the Aging and Long-Term Services Department/Adult Protective Services Division;
2. Assist clients referred to the contractor by Aging and Long-Term Services Department/Adult Protective Services Division to apply for long-term care services such as CoLTS, (formerly the D&E Medicaid Waiver) the Developmental Disability Waiver, the Personal Care Option, AAA services, nutritional or meal programs or other community services (transportation, medical, companion services etc.) for which they might qualify.
Assist APS referred clients to apply for and accept other services and appropriately use services paid by state funds. Adults receiving home care need to apply for (or cooperate with the application for) long-term care services through any appropriate Medicaid or waiver program for which they qualify. When approved to receive other services, the adult must transition to these services and discontinue home care through adult protective services. Adult Protective Services contractors will discontinue APS home care when the client begins receiving these other home care services. Refusing allocated services may be grounds for termination.
29 APS Contractual Home Care provides a basic, support level of home and personal care hours each week. The goal is to allow recipients to care for themselves as they are able and to provide assistance with what they are functionally unable to manage, in order to support their living in their homes until a more inclusive long-term service option becomes available.
Home care services are offered by the department as resources and funding allow. The level of funding is not designed to meet all of each individual’s care and support needs. APS contracted home care is designed to encourage self-sufficiency and remediate abuse, neglect, self-neglect or exploitation by assisting APS clients with essential tasks such as house cleaning, home maintenance, chores, personal care and essential transportation.
The assignment of service hours is based upon assessed need of the individual with the understanding that this funding is designed to assist with those basic tasks that, without assistance, a recipient’s health or safety or ability to live in the home might be compromised.
The average amount of service for APS home maintenance is 3 hours weekly. Additional hours should be based upon the referred person’s need for specialized home maintenance, personal care tasks, the need for shopping and/or medical transportation, the need to reduce and stabilize an imminent risk or to increase hours temporarily to restore a home to a safe and habitable state. If the individual has needs that would appear to exceed the 8 hour per week maximum in order to remain living safely at home, the contractor must re-refer the client to APS via the normal report channels. Reopening the case to APS may allow for a reassessment of need and evaluation of the appropriateness of current services.
Federal rules require that documentation of both income and need eligibility be provided for each recipient as soon as possible after referral and then on an annual basis. This documentation must be maintained in the client file for every calendar year. APS clients with imminent risk of harm may be provided home care services without regard to income on a short-term basis, generally no more than three months. After that period, the persons must meet need and income criteria every calendar year to be deemed eligible for services or transition to private pay or some other funding.
Need Eligibility: The contractor (re)determines the adult’s need for ongoing Home Care services by completing a written assessment of functional abilities every twelve months and determining which tasks the individual is unable to complete without regular assistance.
Additionally, the contractor must secure written need eligibility documentation from the client’s physician. This signed statement must detail the client’s basic medical diagnoses, functional care needs and the nature of medical necessity requiring ongoing assistance. The physician is asked to complete and return the HEALTH CARE PROVIDER STATEMENT, to be filed in the client’s permanent file every 12-months.
Income Eligibility: Continued income and resource eligibility for services must be documented by the contract service provider on an annual basis. Social Security award letters, copies of direct deposit statements, check stubs etc., must be used to verify this monthly income. The applicable
30 income eligibility criteria are the same as the Medicaid income criteria for institutional care which are revised yearly. Additionally, participants must meet resource limits and shall not have not have bank balances, trusts, regular dividends, rental or other property (which they do not inhabit) worth more than $2,000.
The Case Worker assesses and determines the adult’s need for services and tries to ensure that there is no duplication of like services for the same hours of the same day. In-home nursing care, nutritional services, hospice, occupational or physical therapy etc., are not a duplication of Home Care services. Any adult who has been determined to have the capacity to make their own decisions, may refuse services or choose to end services. Contractors are urged to work to make contact, assess referrals and begin services within two weeks of the referral date or report delays in initiating services to the referring Case Worker.
Home care recipients may be terminated from APS services for the following reasons:
a. moving out of the program service area; b. consistently not complying with the service plan and is a person with decision making capacity who can understand the consequences of that choice; c. consistently refusing service or not allowing the agency to enter the home to provide services; d. posing a significant risk to self or others; e. demonstrating a pattern of verbal or physical abuse of attendants or agency personnel, i.e., use of vulgar or explicit language, verbal or physical sexual harassment, excessive use of force, verbal or physically intimidating threats, and illegal use of narcotics or alcohol abuse; f. refusing to provide accurate financial information, providing false information or illegally transferring assets to receive services; g. ceasing to meet the financial or non-financial criteria; or h. ceasing to meet the level of care criteria.
The provider has the responsibility to work with the client to resolve the uncooperative or objectionable behavior. The contractor must document the pattern of non-cooperation or ineligibility involved in these criteria and their efforts to remediate behaviors or patterns before termination can be considered. Service completion/termination documentation must be completed for all those leaving home care. This should include some discussion of the appeal rights offered first through the contractor’s grievance procedure and their legal rights to appeal through the state under NMAC 8-11-4-18 thorough 8-11-4-22.
3. Provide the Mandatory Service Components described below.
A. Administrative Support: Management of the day-to-day functions of the agency, including technical and programmatic support and oversight. The Program Administrator or Director shall have the authority and responsibility for the management of activities and direction of all staff to ensure services are delivered and
31 provided as per Policies/Procedures and all New Mexico and Federal Laws and Regulations.
Administrative Support includes, but is not limited to: A.i. Developing and maintaining administrative and program policies and procedures; A.ii. Program planning and development; A.iii. Human resource management (recruitment, orientation, training, supervision, personnel records management and caregiver clearance); A.iv. Data management (statistical information on admissions, discharges, client complaints grievances or appeals and their resolutions, unmet client needs, etc.); A.v. Financial management of budgets and billing to include electronic or written documentation of on-site service provision (tasks completed, duration on site, the signature, stamp or mark of the person served, signature of employee providing the in-home care and significant incidents) and review of the billing by a supervisor; A.vi. incident management- a system to track and ensure the reporting of possible abuse, neglect and exploitation to APS and ensure agency cooperation with investigators; A.vii. All other administrative functions related to support of this contract; A.viii. Scheduling workers and reviewing their weekly progress reports. A.ix. Furnishing a copy of the agency’s most recent independent financial audit to ALTSD.
B. Service Management: facilitates and ensures the provision of services identified in the Service Plan. Service Management includes, but is not limited to:
B.i. Case record maintenance - required documentation: B.i.a. Intake documentation-with demographic information that is updated at least annually and includes: B.i.a.1.Name, address, telephone number B.i.a.2.Date of birth B.i.a.3.Marital status, household membership and supports system; B.i.a.4.Medical insurance (Medicare, Medicaid, Private) B.i.a.5.Emergency contact information - name, number, relationship etc.; B.i.a.6.Referral source (including some written referral information from the local APS worker or office on file); Legal status if any (guardian/conservator, payee, powers of attorney etc.). B.i.b. Completing Assessment Information at intake and every 12 months thereafter. The Assessment/reassessment must include information on: B.i.b.1.Medical and/or Mental Health condition (per Physician’s written Health Care Provider Statement or physicals) & medication regimes;
32 B.i.b.2.Family composition/living arrangements, support network (familial and community-based, their availability to provide assistance etc.); B.i.b.3.Pending applications or waiting list status for other services; B.i.b.4.Functional ability or inability to perform Activities of Daily Living (ADLs –bathing, dressing, eating, transfers/mobility, grooming) B.i.b.5.Ability/inability to perform Instrumental Activities of Daily Living (IADLs –shopping, cooking, housekeeping, laundry, meal prep., transportation, medical/medication regimes, bill paying etc.) B.i.c. Securing documentation of Income Eligibility (copies of Social Security or pension award letters, Social Security check stubs, bank statements showing direct deposit of monthly income etc.) for each calendar year in APS funded service, after the initial eligibility period following APS referral. B.i.d. Securing an annual signed statement from the individual’s physician or health care provider documenting a medical/mental health condition and associated functional impairments attesting that services are necessary; B.i.e. A Service or Care Plan - developed jointly with the person served or their guardian at a meeting and include an involved APS Workers (when available) the Home Care Service Manager or Service Coordinator, and other involved caregivers or family, if agreeable to the participant. Service Plans must be must be updated annually, individualized and include: B.i.e.1. the individual’s family support, circumstances, functional strengths and assessed needs for assistance; B.i.e.2. specific services to be provided as well as a tentative schedule, B.i.e.3. measurable goals for services being provided by the contractor, B.i.e.4. details regarding responsibilities of other in the home, B.i.e.5. the signature or mark of the service recipient and all attendees, B.i.f. Quarterly Reviews with the service recipient to evaluate the effectiveness of the service provision and hours, and explore unmet requirements or changes in circumstance or need. B.i.g. Home Care Service Agreement describing program parameters and limitations; B.i.h. Service documentation notes (missed services, changes in frequency or duration, service delivery issues, changes in health or medical condition, hospitalizations etc.) dated and signed by the person writing the note;
33 B.i.i. Required release forms (liability, request for information etc.) as well as Rights and Responsibilities and Grievance Procedures that allow for due process when service termination is contemplated; B.i.j. Correspondence with the ALTSD/APSD Worker; B.i.k. Service completion/termination documentation which include a service summary, reason for leaving service, services to which transitioned and any appeal notices as per grievance procedures. B.i.l. Retaining records for at least 3 years. B.ii. Managing/Monitoring service provision (in cooperation with the APS Worker, if applicable): B.ii.a. Conduct a Quarterly Review of the Service Plans, updating functional strengths and needs, documenting progress on stated goals and objectives and ensuring that services are provided and delivered per the service plan; B.ii.b. Regularly address the long-term service needs of the individual and document discussions and referrals made to services or refusals to have referrals made; B.ii.c. Provide or arrange for necessary transportation if there are no other resources available, in order for the person served to access medical and other needed services. Transportation that does not serve to enable the individual to live more safely at home (to recreational activities, church, elective shopping etc.) are not billable services under the Home Care Scope of Work. B.ii.d. Provide access to food, groceries or help coordinate for nutritional needs.
B.iii. Assist and interpret on behalf of the person served with regards to physicians’ instructions, ensure he/she is able to take prescribed medications, arrange for health care appointments or treatments and follow up on health care needs: B.iii.a. Assist and interpret on behalf of the person served in coordinating health appointments, completing necessary paperwork to secure services or receive benefits from governmental agencies; B.iii.b. Monitor the health & safety of the person served and report concerns to the Adult Protective Service Worker, for open cases or make an APS report; B.iii.c. Ensure that all incidents of abuse, neglect and /or exploitation involving contract recipients (or other vulnerable adults) are reported to APS.
C. Home Management: the provision of light-duty housekeeping services for persons having difficulty performing Instrumental Activities of Daily Living (IADLs). The service provides for a clean and safe home environment necessary for the person in service to maintain residence in the least restrictive and safest setting to prevent abuse, neglect or exploitation. Home Management assists with the following IADLs: C.i. Light housekeeping (vacuuming, mopping, dusting, making beds, changing linens, washing dishes, and routine maintenance of the person's home);
34 C.ii. Preparing nutritious meals or coordinating with meal delivery programs (within specialized dietary guidelines if needed); C.iii. Making minor repairs to clothing or essential personal items; C.iv. Doing Laundry (in-home or at Laundromat); C.v. Performing errands and shopping that contribute to maintaining health and home; C.vi. Transportation (and accompaniment when necessary) to access medical services or appointments and vital services; C.vii. Assistance planning and budgeting expenditures, bill paying or with purchase of groceries or necessities. The agency must document the method of money management and outline purchase procedure utilized. The agency and its employees are not permitted to borrow from or loan money to service recipients or function as the representative payee, POA, conservator, guardian or other legally designated decision maker.
D. Personal Care: the provision of hands-on or stand-by assistance, supervision or cueing persons having difficulty performing activities of daily living (ADLs). Personal Care services consist of but are not limited to: D.i. Provide assistance with personal hygiene (bathing, dressing, grooming, toileting etc.) to help assure comfort, cleanliness, health and appearance; D.ii. Provide assistance with mobility or devices to aid movement around the home (to get from bed to chair, to wheelchair, bathroom, eating area etc.) and on outings; D.iii. Assure specific nutritional needs (within dietary restrictions) are provided to maintain physical and mental well-being by preparing meals, grocery shopping, menu planning, and assisting the person served in eating if required; D.iv. Assist and interpret on behalf of the person served regarding physicians’ instructions and assistance securing and correctly using prescribed medication; D.v. Monitor the health and physical status of the person served and consult with them and their family to arrange for follow up on health care needs or concerns;
NOTE: In accordance with NM laws, participants who have severe disabilities, are non-ambulatory, or require specialized care, need to have written instructions from the primary physician, nurse or physical therapist before the below services can be performed by qualified staff, who are certified as a physical therapy aide by the state of New Mexico. These services may include: a. Assisting the person served in implementing a professionally prescribed and monitored exercise regimen to increase mobility in the home; b. Assisting the client with special devices such as braces or artificial limbs.
4. Provide the Elective Service Components listed below:
35 Chore Services: the provision of heavy-duty, more labor intensive housekeeping services to maintain rural homes without utilities or to restore homes to a more safe and habitable condition.
Chore services are warranted to support persons residing in homes without indoor plumbing and/or electricity, and heated primarily by wood burning, coal or other sources. Chore Services include but are not limited to: A.a. Hauling water from an outside source and heating it; A.b. Chopping wood, bringing wood or coal indoors, starting fires in wood stoves, heaters, fireplaces, cleaning wood stoves and disposing of ashes; A.c. Filling oil lamps; A.d. Emptying bedside commodes, changing soiled bedding for bed-ridden clients.
Chore services may also include the provision of periodic or one-time only heavy-duty, labor-intensive housekeeping services necessary to maintain a safe and hygienic living environment. Periodic Chore Services include, but are not limited to: a. Environmental clean-up/restorative services (removal of clutter, waste, dangers or hazards) that return the home to a sanitary and habitable state; b. Providing heavy duty periodic cleaning services (moving furniture, for safety or repair, beating/cleaning large rugs and draperies, restoring unhealthy refrigerators, freezers, ovens etc. to hygienic and usable status); c. Special household maintenance (repairing unsafe furniture, installing screens or safety rails or grab bars, replacing fuses, locks, plugs, faucets, removal of fire/health hazards, making swamp coolers functional etc.). d. Contracting for, or providing pest control services to eliminate vermin (rodents, insect infestations etc.) or, with the participant’s consent, the removal from the home of materials that constitute a health or safety hazard.
5. Coordination with APS Offices.
All new clients must be referred by the APS Worker or Supervisor. The specific APS offices maintain their own service referral systems but generally referrals packets may include: a. a client assessment with basic information regarding the nature of the concerns (abuse, neglect or exploitation) or the circumstances placing the person at risk, with contact numbers for the client, family or support system, doctors etc.; b. potential service needs regarding the nature and amount of assistance needed; c. long-term care or community service referrals made or necessary; d. any medical, personal care, home maintenance or coordination issues needed; e. alternative community-based services and steps to be taken to access them.
A case referred by APS may be closed at any time after the investigation is completed or when the client’s service plan expires. If a case is simultaneously open to both the provider and APS, it must be reviewed every 90 days in conjunction with the contractor who will assist the APS worker with the review.
36 APS Case Workers may request specific services for a specific timeframe or until the case is closed. After APS involvement ends, the contractor is authorized to assess the individual’s needs and formulate service plans in conjunction with the recipient that meets the assessed need. The amount of home care provided (up to the eight hours maximum weekly) should balance need within budgetary constraints and the available hours.
The contractor is required to monitor the client’s condition. If, in the professional opinion of the agency, the person’s health or well-being has deteriorated to the point where the client appears to need more than eight (8) hours of care a week to remain safely at home, the contractor must make a report to APS through the normal channels. The case should then be reopened to APS for reassessment as the contract agency cannot increase the amount of home care hours beyond the maximum.
6. Assure that staff qualifications for Home Care within Mandatory Components are met.
A. Administrative Support: The Administrator/Director must meet all of the following minimum qualifications: i. Be 18 years of age or older; ii. Have a baccalaureate degree from a nationally accredited institution of education in the field of social work, psychology, counseling, geriatrics, or a related health care field, or be a Registered Nurse; AND iii. Have two years’ experience and training in working with the elderly and adults with disabilities, with at least one of those years being in an administrative or supervisory capacity in home care/adult day care services; AND iv. Shall have demonstrated ability in supervision and administration.
B. Home Management/Chore Services Supervisors must: i. Be 18 years of age or older; ii. Meet the qualifications of a Home Management/Chore service worker; iii. Have a minimum of one-year experience providing home care services to the elderly and adults with disabilities.
C. The Service Managers shall have at a minimum: i. High school diploma or general equivalency diploma; ii. Two years’ experience/training working with elderly or adults with disabilities.
7. Staff qualifications for Home Care Workers are:
A. Personal Care, Home Management and Chore Services staff must: i. Be 18 years of age or older; ii. Be able to sufficiently communicate with the person served in their native language; iii. Be capable of completing progress reports and understand training materials; iv. Work independently without the need for constant supervision;
37 v. Be able to demonstrate required skills by completing a competency exam approved for use by the New Mexico Association for Home and Hospice Care; vi. Be capable of applying appropriate and safe techniques in: basic first aid, personal hygiene and grooming, nutrition and hydration, safe transfers and ambulation, normal range of motion and positioning; and vii. Be able to conduct light and heavy duty housekeeping services.
8. Staff training and competencies for Home Care/Personal Care staff.
Documentation verifying completion of the required training hours is required to be filed in the staff members’ personnel folders and be maintained in a locked fashion on-site. Listings of this training must be documented on training logs that list the training course title, dates and hours of training and the source or provider of the training hours.
A. Mandatory Training - All staff are required to receive training on: i. Confidentiality ii. Reporting abuse, neglect and exploitation, as required by law; iii. Appropriate conduct, including the prohibition against accepting any money or loans from clients in any amount, and prohibition of accepting gifts from clients. iv. Orientation to the “Employee Abuse Registry” and consequences if paid caregiver violates the law.
B. Orientation Training - Staff are required to complete sixteen (16) hours of training during their first year of employment. The training must address the four mandatory training topics, basic first aid/CPR and a selection from the topic areas listed below: A.i. Assisting with bathing and showering; A.ii. Skin care and basic infection control; A.iii. Proper lifting and transfer, turning and body positioning techniques; A.iv. Grooming, nail care, oral hygiene; A.v. Rights of persons served, including cultural sensitivity; A.vi. Emergency procedures, including oxygen use and fire safety; A.vii. Home management skills; A.viii. Interpersonal communication; A.ix. Nutrition and meal preparation, including safe handling of foods; A.x. Use of any special equipment (i.e., lifts, transfer units, electric wheelchairs); A.xi. Dementia, including Alzheimer’s; and A.xii. Normal/Abnormal aging process.
Ten (10) hours must be completed prior to being placed in the client’s home. Eight (8) of the ten (10) hours of training must be client specific. For staff that will not be performing personal care services, substitute topics with other topics related to the provision of services to the elderly and adults with disabilities may be used.
38 Note: the competency exam referenced below can be administered to applicants with previous care or home maintenance experience in lieu of the ten (10) hours of orientation training required before working in the home. A scored copy of the exam must be maintained by the provider and the remainder of the required training hours should be completed within the first year of employment.
C. Ongoing Training - Staff are required to complete eight (8) hours per year of ongoing training regarding services to the elderly and adults with disabilities. Documentation verifying completion of required training hours are to be filed in the individual staff member’s personnel folder.
D. Competencies - Staff must be able to demonstrate required skills by completing a competency exam (administered in writing, orally, or by demonstration) with a minimum score of 85%.
Note: the competency exam can be administered to applicants with previous experience in lieu of the ten (10) hours of specialized orientation training. The exam and skills test must be completed and scored prior to placement in the homes of the persons served. The original copy of the scoring sheet must be filed in the staff member’s personnel folders.
The competency test developed by the New Mexico Association for Home Care [NMAHC] is an example of a competency exam that assures all required competencies are met. Contractors must use standardized exams approved for use by the NMAHC or other professional state associations. Staff providing personal care must also complete a skills demonstration, observed and documented by a licensed professional or by qualified staff who has at a minimum two years of personal care experience.
9. Provide “Employment Screening”- All persons involved with the client care must be cleared for employment via the DOH Criminal Caregivers Screening Program and the Employee Abuse Registry. Contract providers are responsible for submitting such screening in accordance with state laws and maintaining documentation of these clearances (or requests for clearances) on-site as per DOH regulations. Additionally, applicants’ qualifications, references and employment history must be verified prior to employment and this documentation must be maintained in the staff member’s folders.
10. Provide Caregiver Criminal History Screening - All staff having direct contact with persons served must undergo a nationwide caregiver criminal history screening per the Caregiver Criminal History Screening Act (29-17-2 to 49-17-5 NMSA 1978) within the first month of employment. Applicant with disqualifying criminal convictions shall be disqualified from employment as a caregiver.
11. Follow Program Regulations - Home Care Services must be delivered to qualified persons as per Aging and Long-Term Services Department, Adult Protective Services Division’s Policies and Procedures and all related NM laws and regulations, including licensing regulations regarding home care (7 NMAC 28.2)
39 12. General Provisions:
A. Health Insurance Portability and Accountability Act of 1996. - The Contractor agrees to comply with the Health Insurance Portability and Accountability Act of 1996, and the terms in Attachment III, which is attached and incorporated by reference.
B. Services will be performed within: Counties of New Mexico
C. Performance Measures: Contractor will provide the specified number of Service Units to individuals referred by Adult Protective Services, as specified in the service plan and monitored by the Monthly Unit Invoice, Quarterly Reports and annual Program Site Reviews.
D. Goal : To prevent abuse, neglect and exploitation and premature institutionalization by providing the regular in-home support necessary for adults to maintain residence in the least restrictive and safest community setting, their homes, until more comprehensive long-term services might become available.
E. Objective: Provide in-home services that: i. Assist participants in safely residing in their homes by working with the strengths of the individual, family or support system and by providing the least restrictive amount of in-home hours for the tasks that APS clients are functionally unable to manage themselves. ii. Facilitate as much independence as feasible in the performance of personal care activities and instrumental activities of daily living; iii. Assist persons in accessing necessary resources, community services and medical care; iv. Monitor and assist with the maintenance or improvement of the health and safety for persons with special care needs who are living without sufficient support; v. Make needed referrals to APS when there are concerns regarding abuse, neglect, exploitation, medical issues or other risks that seem to impair health and the ability to remain safe. vi. Assure that long-term care planning occurs and that needed referrals are made; vii. Provide in-home services pending the allocation of other appropriate long-term care options.
B. TECHNICAL SPECIFICATIONS
Offerors will be scored and evaluated based on the depth, breadth and value of their responses. The order of the information shall correspond to the outline below and shall be labeled accordingly. Each item must be answered completely. All specification narratives must be single-spaced, typewritten, and limited to twenty (20) pages. Anything over twenty pages will not be accepted under this RFP. The Proposal Fact Sheet, Table of Contents, and Budget and Forms are not considered part of the narrative. Sections must be formatted as required in Section III.
40 1. Organizational Experience (300 Points)
Offerors must:
a. Provide a narrative description of relevant corporate experience with state or local government and/or the private sector in the performance of the services similar to those listed in the "Scope of Work" under this RFP. (50 points)
b. Describe at least two successes and failures of a home care service engagement. Include how each experience improved the Offeror’s services. (50 points)
c. The Offeror should detail the number of specific years of relevant experience and expertise for similar contracts provided within each county in the proposed service area over the past four years (fiscal year 2011 through 2014). Points will be awarded for each year of relevant experience in the specific county proposed for service. (Maximum of 200 points).
The response should detail the contractual relationships you may have had (with an emphasis on fiscal years 2011 through 2014) providing services under the Title XX program (with APS) or the Title III program (with AAA), the CoLTs or other Community Waiver programs (HSD, DOH etc.), experience with the Personal Care Option and any private pay clients or contracts etc. The Evaluation Committee will be looking at the specific counties you propose to serve and awarding points based upon your past experience in that service area.
The narrative description should describe the extent of the agency’s experience and expertise and include a mention of the experience of all proposed subcontractors and other business associations proposed by the applicant. In the narrative answers, the offeror should include an overview of the number of clients you saw and summarize you knowledge as a provider of home care services in that area.
2. Organizational Structure (Total Points 200)
Provide a detailed description of your organization’s presence in the proposed service area, the number of clients currently being served under different funding categories and the staff employed to meet all of the requirements in the Scope of Work. Describe how administrators, supervisors, financial and direct care and support staff would work together daily to meet APS’ need for reliable services and oversight for each service component you propose to provide in every county you propose to serve.
The Offeror must provide a detailed description of the agency’s past experience in meeting the need for responsive home care services that meet all of the required components and stipulations in the statement of work. The response should relate service numbers and the specific tasks within the contract requirements to the organizational
41 structure and staff available to meet the need for reliable services and oversight for each service component you propose to provide in every county you expect to serve.
3. Organizational Responsiveness (Total 100 points)
In your performances of in-home services how would you assure the ongoing protection of victims of abuse, neglect and exploitation? List events where your entity referred an adult to APS for concerns about abuse, neglect or exploitation. Describe the circumstances and outcome if applicable. Has your entity or entity staff been named or been involved in an allegation of abuse, neglect or exploitation? If so, describe the circumstances, your participation and the outcome.
The Offeror must provide an overview of the organization’s operational philosophy and procedures that would assure that victims of abuse, neglect and exploitation have the oversight and protection.
The Offeror’s past experience and referral history with APS may be utilized to validate descriptions and assure appropriate reporting and oversight of APS clients. Instances of abuse, neglect or exploitation over the preceding 4 fiscal years that substantiate against the agency or staff may be used in the consideration of points awarded.
4. Proposal Narrative (200 Points)
a. Detail the geographical service area (Counties) your entity proposes to serve; detail where needed services will be offered and current staff work locations. Include office locations or delivery sites, hours of operation and availability of response staff for each site proposed. (50 points)
b. Describe how your entity monitors or assesses your customer’s satisfaction with the quality of your services; how you monitor and address such issues as staff attendance and work performance in the home and; how you might respond to staffing problems, missed appointments and staff shortages. (25 points)
c. Describe the steps, tasks and timelines in the referral and service initiation process; detail the staff and method you would utilize to ensure a smooth assessment, planning and service initiation process. (25 points)
d. Describe how your entity assesses a client’s functional abilities, limitations and needs and uses this information to both guide the service and care planning process and the assignment of service hours. (25 points)
e. Describe the conditions that would indicate that a APS client no longer needs services or requires a lesser amount, frequency or type of service than was
42 originally offered them at referral. How would you manage that transition? (25 points)
f. Describe your service delivery model and detail how the amounts and types of services your entity currently provides are similar (or could be developed) to meet the components required in the proposal’s Scope of Work. (25 points)
g. Describe how your entity would balance the need for an expanding number of referrals with a limited budget? How do you provide timely services without lapses or delays and balance basic weekly service needs within a finite budget? (25 points),
Offerors should respond with a thorough narrative to all questions and relate responses to the mandatory Specifications for the Target Population, as defined in the Adult Home Care Scope of Work (Section IV – Specifications, Paragraph A – Detailed Scope of
Within the response the Offeror should describe relevant organizational experience, expertise and experience working with state government. Subcontractors and other business associations proposed by the applicant in the performance of the "Scope of Work" under this RFP shall be identified with specificity, if relevant, within the Organizational Experience and the Proposal Narrative sections.
Offerors should try to answer each question thoroughly yet concisely with a description of the Offeror’s philosophy, policy and procedure in response to the questions posed. Be specific about your company’s physical presence in the proposed service area and the specific staff who make the decisions, assess the client’s needs, conduct the annually required service and eligibility steps, plan and provide the services, oversee the work of others and the satisfaction of your customers, record hours and convert that to billing. Detail how all the staff - administrators, supervisors, financial, support and direct care and staff – function to provide seamless and reliable services and oversight for the 3 or 4 service components.
5. Cost Factors (200 Points)
a. Complete the Unit and Budget Summary Request Form (Appendix D).
b. Offerors will propose a fixed rate using the Range of Rates Chart (Appendix H) for each Mandatory Component and the Elective Component (if desired). Proposal cost will be evaluated based on the unit (hourly) rate as related to the proposed service numbers.
C. BUSINESS SPECIFICATIONS
43 1. Financial Stability – (Pass/Fail)
a. Complete the Line Item Budget Form 2a and the Budget Narrative Form 2b. and the Home Care Proposal Fact Sheet and Acceptance of Conditions. (See Appendix I). b. Successful offerors will be required to submit copies of their independently audited financial statements as an ongoing condition of the contract.
2. Forms (See Appendix B, E, F and I) (Pass/Fail)
a. Letter of Transmittal Form (signed) - Required
The Offeror’s proposal must be accompanied by the Letter of Transmittal Form located in APPENDIX E. The form must be completed and must be signed by the person authorized to obligate the company.
b. APS Home Care Proposal Fact Sheet and Acceptance of Conditions Form (signed) – Required
c. Staff Qualifications/Personnel Costs Summary (Form 3) - Required
d. Statement of Assurances (Form 5) (signed) – Required
e. Board of Directors Roster (Form 6a) (if applicable)
f. Advisory Board Roster (Form 6b) (if applicable)
g. Campaign Contribution Disclosure Form (signed) - Required
The Offeror must complete an unaltered Campaign Contribution Disclosure Form and submit a signed copy with the Offeror’s prop. This must be accomplished whether or not an applicable contribution has been made. (See APPENDIX B)
h. NM Employee Health Coverage Form (signed) – Required
i. NM Preference Resident Veterans Certification Form (signed) (if applicable)
To ensure adequate consideration and application of 13-1-21 NMSA (as amended), Offerors must include a copy of their preference certificate in this section. In addition, for resident Veterans Preference, the attached certification Form (APPENDIX F) must accompany any Offer and any business wishing to receive the preference must complete and sign the form.
44 V. EVALUATION
A. EVALUATION POINT SUMMARY
The following is a summary of evaluation factors with point values assigned to each. These weighted factors will be used in the evaluation of individual potential Offeror proposals by sub-category.
Factors – correspond to section IV.B and IV C Points Available B. Technical Specifications B. 1. Organizational Experience 300 B. 2. Organizational Structure 200 B. 3. Organizational Responsiveness 100 B. 4: Proposal Narrative 200 B. 5 Cost Factors 200 C. Business Specifications C.1. Financial Stability Pass/Fail C.2. Forms Pass/Fail TOTAL 1,000 points C.2a. New Mexico Resident Business or Veterans Preference If applicable Table 1: Evaluation Point Summary
B. EVALUATION FACTORS
B.1 Organizational Experience (See Table 1)
Points will be awarded based on the thoroughness, clarity of the response and the perceived validity of the Offeror’s relevant experience within the proposed service area over the previous 4 fiscal years
B.2 Organizational Structure (See Table 1)
Points will be awarded based on the thoroughness, clarity of the response and the perceived validity of the Offeror’s relevant experience within the proposed service area over the previous 4 fiscal years
B.3 Organizational Responsiveness (See Table 1)
45 Points will be awarded based on the thoroughness, clarity of the response and the perceived validity of the Offeror’s relevant experience within the proposed service area over the previous 4 fiscal years
B.4 Proposal Narrative (See Table 1)
Points will be awarded based on the thoroughness, clarity of the response and the perceived validity of the Offeror’s relevant experience within the proposed service area over the previous 4 fiscal years.
B.5. Cost Factors (See Table 1)
Offerors must submit a completed Unit and Budget Summary Request Form (Appendix D) using a fixed rate from the Range of Rates Chart (Appendix H) for each Mandatory Component and the Elective Component (if desired). Proposal cost will be evaluated based on the unit (hourly) rate as related to the proposed service numbers.
C.1 Financial Stability (See Table 1) Pass/Fail only. No points assigned.
C. 2. Forms (See Table 1) Pass/Fail only. No points assigned.
C. 2a. New Mexico Resident Business or New Mexico Resident Veterans Preference
Percentages will be determined based upon the point based system outlined in NMSA 1978 § 13-1-21 (as amended).
A. New Mexico Business Preference If the Offeror has provided their Preference Certificate the Preference Points for a New Mexico Business is 5%. OR . B. New Mexico Resident Veterans Business Preference If the Offeror has provided their Preference Certificate and the Resident Veterans Certification Form the Preference Point are one of the following: • 10% for less than $1M (prior year revenue) • 8% for more than $1M but less than $5M (prior year revenue) • 7% for more than $5M(prior year revenue)
Percent of preference will be determined by Offerors that submit the correct documentation. Once RFP is totally scored the proper percent of preference will apply to those Offerors that qualify. You may access the New Mexico State Purchasing website at the following links for further information regarding the NM Resident Business / Veterans Preference.
46 http://www.generalservices.state.nm.us/uploads/files/SPD/Veterans %20Preference_7-1-12.pdf
You may access the New Mexico Taxation website at the following links for further information regarding the NM Resident Business / Veterans Preference
http://www.tax.newmexico.gov/Pages/TRD-Homepage.aspx http://www.tax.newmexico.gov/Businesses/Pages/In-StatePreferenceCertification.aspx
C. EVALUATION PROCESS
1. All Offeror proposals will be reviewed for compliance with the requirements and specifications stated within the RFP. Proposals deemed non-responsive will be eliminated from further consideration.
2. The Procurement Manager may contact the Offeror for clarification of the response as specified in Section II. B.7.
3. The Evaluation Committee may use other sources of information to perform the evaluation as specified in Section II. C.18. The proposal will be considered the Best and Final Offer and no oral presentations or demonstrations will be required or initiated.
4. Responsive proposals will be evaluated on the factors in Section IV, which have been assigned a point value. The responsible Offerors with the highest scores will be selected as finalist Offerors, based upon the proposals submitted. The responsible Offerors whose proposals are most advantageous to the State taking into consideration the evaluation factors in Section V will be recommended for award (as specified in Section II. B.8). Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejection regardless of overall score.
The contract shall be awarded to the Offeror (or Offerors) whose proposals are most advantageous to the State of New Mexico and The Aging and Long-Term Services Department’s Adult Protective Services Division, taking into consideration the evaluation factors set forth in this RFP and the needs of the agency.
The most advantageous proposal may or may not have received the most points. The APS Division Director, acting in the best interest of the State, has final authority to approve or disapprove a recommended contractor or a funding level. The Director’s decision will be based on, but not limited to, relevant factors such as funding, geographical considerations, proposal evaluation, funding recommendations, past performance and policy direction of ALTSD. More than one Offeror may be selected to operate within a service area if the need exists.
47 48 APPENDIX A
ACKNOWLEDGEMENT OF RECEIPT FORM
49 APPENDIX A
REQUEST FOR PROPOSAL
Home Care Services RFP #50-624-14-01214
ACKNOWLEDGEMENT OF RECEIPT FORM
In acknowledgement of receipt of this Request for Proposal the undersigned agrees that s/he has received a complete copy, beginning with the title page and table of contents, and ending with APPENDIX I.
The acknowledgement of receipt should be signed and returned to the Procurement Manager no later than Monday August 4, 2014, 3:00 pm Mountain Daylight Time. Only potential Offerors who elect to return this form completed with the indicated intention of submitting a proposal will receive copies of all Offeror written questions and the written responses to those questions as well as RFP amendments, if any are issued.
FIRM: ______
REPRESENTED BY: ______
TITLE: ______PHONE NO.: ______
E-MAIL: ______FAX NO.: ______
ADDRESS: ______
CITY: ______STATE: ______ZIP CODE: ______
SIGNATURE: ______DATE: ______
This name and address will be used for all correspondence related to the Request for Proposal. Firm does/does not (circle one) intend to respond to this Request for Proposal.
Julia Gil, Procurement Manager Home Care Services RFP #50-624-14-01214 ALTSD Administrative Services Division PO Box 27118 Santa Fe, NM 87502-7118 E-mail: [email protected]
50 APPENDIX B
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
51 Campaign Contribution Disclosure Form
Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period.
Furthermore, the state agency or local public body shall void an executed contract or cancel a solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law.
THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE.
The following definitions apply:
“Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal.
“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to either statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.
52 “Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law.
“Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals.
“Person” means any corporation, partnership, individual, joint venture, association or any other private legal entity.
“Prospective contractor” means a person who is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a small purchase contract.
“Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor.
DISCLOSURE OF CONTRIBUTIONS:
Contribution Made By: ______
Relation to Prospective Contractor: ______
Name of Applicable Public Official: ______
Date Contribution(s) Made: ______
Amount(s) of Contribution(s) ______
Nature of Contribution(s) ______
Purpose of Contribution(s) ______
(Attach extra pages if necessary)
______Signature Date
______
53 Title (position)
—OR—
NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative.
______Signature Date
______Title (Position)
54 APPENDIX C SAMPLE CONTRACT
STATE OF NEW MEXICO (NAME OF AGENCY) PROFESSIONAL SERVICES CONTRACT #______
THIS AGREEMENT is made and entered into by and between the State of New Mexico, Agng and Long-Term Services Department, hereinafter referred to as the “Agency,” and NAME OF CONTRACTOR, hereinafter referred to as the “Contractor,” and is effective as of the date set forth below upon which it is executed by the State Purchasing Division, General Services Department.
IT IS AGREED BETWEEN THE PARTIES:
1. Scope of Work. The Contractor shall perform the work outlined in the Scope of Work, which is hereby incorporated and made a part of this contract as Attachment 1.
2. Compensation . A. The Agency shall pay to the Contractor in full payment for services satisfactorily performed based upon deliverables as outlined in the scope of work. The total amount payable to the Contractor under this Agreement, including gross receipts tax and expenses, shall not exceed (AMOUNT). This amount is a maximum and not a guarantee that the work assigned to be performed by Contractor under this Agreement shall equal the amount stated herein. The parties do not intend for the Contractor to continue to provide services without compensation when the total compensation amount is reached. Contractor is responsible for notifying the Agency when the services provided under this Agreement reach the total compensation amount. In no event will the Contractor be paid for services provided in excess of the total compensation amount without this Agreement being amended in writing prior to those services in excess of the total compensation amount being provided.
B. Payment is subject to availability of funds pursuant to the Appropriations Paragraph set forth below and to any negotiations between the parties from year to year pursuant to Paragraph 1, Scope of Work, and to approval by the State Purchasing Division. All invoices MUST BE received by the Agency no later than fifteen (15) days after the termination of the Fiscal Year in which the services were delivered. Invoices received after such date WILL NOT BE PAID.
55 C. Contractor must submit a detailed statement accounting for all services performed and expenses incurred. If the Agency finds that the services are not acceptable, within thirty days after the date of receipt of written notice from the Contractor that payment is requested, it shall provide the Contractor a letter of exception explaining the defect or objection to the services, and outlining steps the Contractor may take to provide remedial action. Upon certification by the Agency that the services have been received and accepted, payment shall be tendered to the Contractor within thirty days after the date of acceptance. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. However, the agency shall not incur late charges, interest, or penalties for failure to make payment within the time specified herein.
3. Term. THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY THE State Purchasing Agent. This Agreement shall terminate on (DATE) unless terminated pursuant to paragraph 4 (Termination), or paragraph 5 (Appropriations). The initial contract term can be extended but shall not exceed four years. In accordance with NMSA 1978, § 13-1-150, no contract term for a professional services contract, including extensions and renewals, shall exceed four years, except as set forth in NMSA 1978, § 13-1-150.
4. Termination. A. Grounds. The Agency may terminate this Agreement for convenience or cause. The Contractor may only terminate this Agreement based upon the Agency’s uncured, material breach of this Agreement. B. Notice; Agency Opportunity to Cure. 1. Except as otherwise provided in Paragraph (4)(B)(3), the Agency shall give Contractor written notice of termination at least thirty (30) days prior to the intended date of termination. 2. Contractor shall give Agency written notice of termination at least thirty (30) days prior to the intended date of termination, which notice shall (i) identify all the Agency’s material breaches of this Agreement upon which the termination is based and (ii) state what the Agency must do to cure such material breaches. Contractor’s notice of termination shall only be effective (i) if the Agency does not cure all material breaches within the thirty (30) day notice period or (ii) in the case of material breaches that cannot be cured within thirty (30) days, the Agency does not, within the thirty (30) day notice period, notify the Contractor of its intent to cure and begin with due diligence to cure the material breach. 3. Notwithstanding the foregoing, this Agreement may be terminated immediately upon written notice to the Contractor (i) if the Contractor becomes unable to perform the services contracted for, as determined by the Agency; (ii) if, during the term of this Agreement, the Contractor is suspended or debarred by the State Purchasing Agent; or (iii) the Agreement is terminated pursuant to Paragraph 5, “Appropriations”, of this Agreement. C. Liability. Except as otherwise expressly allowed or provided under this Agreement, the Agency’s sole liability upon termination shall be to pay for acceptable work performed prior to the Contractor’s receipt or issuance of a notice of termination; provided, however, that a notice of termination shall not nullify or otherwise affect either party’s liability for pre-termination defaults under or breaches of this Agreement. The Contractor shall submit an invoice for such work within thirty (30) days of receiving or sending the notice of termination.
56 THIS PROVISION IS NOT EXCLUSIVE AND DOES NOT WAIVE THE AGENCY’S OTHER LEGAL RIGHTS AND REMEDIES CAUSED BY THE CONTRACTOR'S DEFAULT/BREACH OF THIS AGREEMENT.
D. Termination Management. Immediately upon receipt by either the Agency or the Contractor of notice of termination of this Agreement, the Contractor shall: 1) not incur any further obligations for salaries, services or any other expenditure of funds under this Agreement without written approval of the Agency; 2) comply with all directives issued by the Agency in the notice of termination as to the performance of work under this Agreement; and 3) take such action as the Agency shall direct for the protection, preservation, retention or transfer of all property titled to the Agency and records generated under this Agreement. Any non-expendable personal property or equipment provided to or purchased by the Contractor with contract funds shall become property of the Agency upon termination and shall be submitted to the agency as soon as practicable.
5. Appropriations. The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico for the performance of this Agreement. If sufficient appropriations and authorization are not made by the Legislature, this Agreement shall terminate immediately upon written notice being given by the Agency to the Contractor. The Agency's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. If the Agency proposes an amendment to the Agreement to unilaterally reduce funding, the Contractor shall have the option to terminate the Agreement or to agree to the reduced funding, within thirty (30) days of receipt of the proposed amendment.
6. Status of Contractor. The Contractor and its agents and employees are independent contractors performing professional services for the Agency and are not employees of the State of New Mexico. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of the State of New Mexico as a result of this Agreement. The Contractor acknowledges that all sums received hereunder are reportable by the Contractor for tax purposes, including without limitation, self-employment and business income tax. The Contractor agrees not to purport to bind the State of New Mexico unless the Contractor has express written authority to do so, and then only within the strict limits of that authority.
7. Assignment. The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without the prior written approval of the Agency.
8. Subcontracting. The Contractor shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of the Agency. No such subcontract shall relieve the primary Contractor from its obligations and liabilities under this Agreement, nor shall
57 any subcontract obligate direct payment from the Procuring Agency.
9. Release. Final payment of the amounts due under this Agreement shall operate as a release of the Agency, its officers and employees, and the State of New Mexico from all liabilities, claims and obligations whatsoever arising from or under this Agreement.
10. Confidentiality. Any confidential information provided to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the Agency.
11. Product of Service -- Copyright. All materials developed or acquired by the Contractor under this Agreement shall become the property of the State of New Mexico and shall be delivered to the Agency no later than the termination date of this Agreement. Nothing developed or produced, in whole or in part, by the Contractor under this Agreement shall be the subject of an application for copyright or other claim of ownership by or on behalf of the Contractor.
12. Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this Agreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the Agreement.
B. The Contractor further represents and warrants that it has complied with, and, during the term of this Agreement, will continue to comply with, and that this Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 NMSA 1978. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with NMSA 1978, § 10-16-4.3, the Contractor does not employ, has not employed, and will not employ during the term of this Agreement any Agency employee while such employee was or is employed by the Agency and participating directly or indirectly in the Agency’s contracting process; 2) this Agreement complies with NMSA 1978, § 10-16-7(A) because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by NMSA 1978, § 10-16-7(A) and this Agreement was awarded pursuant to a competitive process; 3) in accordance with NMSA 1978, § 10-16-8(A), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this
58 Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this Agreement; 4) this Agreement complies with NMSA 1978, § 10-16-9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by NMSA 1978, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with NMSA 1978, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with NMSA 1978, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Agency.
C. Contractor’s representations and warranties in Paragraphs A and B of this Article 12 are material representations of fact upon which the Agency relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the Agency if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Agency and notwithstanding anything in the Agreement to the contrary, the Agency may immediately terminate the Agreement.
D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 12(B).
13. Amendment. A. This Agreement shall not be altered, changed or amended except by instrument in writing executed by the parties hereto and all other required signatories.
B. If the Agency proposes an amendment to the Agreement to unilaterally reduce funding due to budget or other considerations, the Contractor shall, within thirty (30) days of receipt of the proposed Amendment, have the option to terminate the Agreement, pursuant to the termination provisions as set forth in Article 4 herein, or to agree to the reduced funding.
14. Merger. This Agreement incorporates all the Agreements, covenants and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, Agreements and understandings have been merged into this written Agreement. No prior Agreement or
59 understanding, oral or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.
15. Penalties for violation of law. The Procurement Code, NMSA 1978 §§ 13-1-28 through 13-1-199, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks.
16. Equal Opportunity Compliance. The Contractor agrees to abide by all federal and state laws and rules and regulations, and executive orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. In accordance with all such laws of the State of New Mexico, the Contractor assures that no person in the United States shall, on the grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal affiliation, sexual orientation or gender identity, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies.
17. Applicable Law. The laws of the State of New Mexico shall govern this Agreement, without giving effect to its choice of law provisions. Venue shall be proper only in a New Mexico court of competent jurisdiction in accordance with NMSA 1978, § 38-3-1 (G). By execution of this Agreement, Contractor acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over any and all lawsuits arising under or out of any term of this Agreement.
18. Workers Compensation. The Contractor agrees to comply with state laws and rules applicable to workers compensation benefits for its employees. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the Agency.
19. Records and Financial Audit. The Contractor shall maintain detailed time and expenditure records that indicate the date; time, nature and cost of services rendered during the Agreement’s term and effect and retain them for a period of three (3) years from the date of final payment under this Agreement. The records shall be subject to inspection by the Agency, the General Services Department , The Department of Finance and Administration and the State Auditor. The Agency shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of the Agency to recover excessive or illegal payments
20. Indemnification. The Contractor shall defend, indemnify and hold harmless the Agency and the State of New Mexico from all actions, proceeding, claims, demands, costs, damages, attorneys’ fees and all other liabilities and expenses of any kind from any source which may arise out of the
60 performance of this Agreement, caused by the negligent act or failure to act of the Contractor, its officers, employees, servants, subcontractors or agents, or if caused by the actions of any client of the Contractor resulting in injury or damage to persons or property during the time when the Contractor or any officer, agent, employee, servant or subcontractor thereof has or is performing services pursuant to this Agreement. In the event that any action, suit or proceeding related to the services performed by the Contractor or any officer, agent, employee, servant or subcontractor under this Agreement is brought against the Contractor, the Contractor shall, as soon as practicable but no later than two (2) days after it receives notice thereof, notify the legal counsel of the Agency and the Risk Management Division of the New Mexico General Services Department by certified mail.
21. New Mexico Employees Health Coverage. A. If Contractor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Contractor certifies, by signing this agreement, to have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.
B. Contractor agrees to maintain a record of the number of employees who have (a) accepted health insurance; (b) declined health insurance due to other health insurance coverage already in place; or (c) declined health insurance for other reasons. These records are subject to review and audit by a representative of the state.
C. Contractor agrees to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information: http://insurenewmexico.state.nm.us/.
22. Employee Pay Equity Reporting. Contractor agrees if it has ten (10) or more New Mexico employees OR eight (8) or more employees in the same job classification, at any time during the term of this contract, to complete and submit the PE10-249 form on the annual anniversary of the initial report submittal for contracts up to one (1) year in duration. If contractor has (250) or more employees contractor must complete and submit the PE250 form on the annual anniversary of the initial report submittal for contracts up to one (1) year in duration. For contracts that extend beyond one (1) calendar year, or are extended beyond one (1) calendar year, contractor also agrees to complete and submit the PE10-249 or PE250 form, whichever is applicable, within thirty (30) days of the annual contract anniversary date of the initial submittal date or, if more than 180 days has elapsed since submittal of the last report, at the completion of the contract, whichever comes first. Should contractor not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, contractor agrees to provide the required report within ninety (90 days) of meeting or exceeding the size requirement. That submittal date shall serve as the basis for submittals required thereafter. Contractor also agrees to levy this requirement on any subcontractor(s) performing more than 10% of the dollar value of this contract if said subcontractor(s) meets, or grows to meet, the stated employee size thresholds during the term of the contract. Contractor further agrees that,
61 should one or more subcontractor not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, contractor will submit the required report, for each such subcontractor, within ninety (90 days) of that subcontractor meeting or exceeding the size requirement. Subsequent report submittals, on behalf of each such subcontractor, shall be due on the annual anniversary of the initial report submittal. Contractor shall submit the required form(s) to the State Purchasing Division of the General Services Department, and other departments as may be determined, on behalf of the applicable subcontractor(s) in accordance with the schedule contained in this paragraph. Contractor acknowledges that this subcontractor requirement applies even though contractor itself may not meet the size requirement for reporting and be required to report itself. Notwithstanding the foregoing, if this Contract was procured pursuant to a solicitation, and if Contractor has already submitted the required report accompanying their response to such solicitation, the report does not need to be re-submitted with this Agreement.
23. Invalid Term or Condition. If any term or condition of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be valid and enforceable.
24. Enforcement of Agreement. A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless express and in writing, and no effective waiver by a party of any of its rights shall be effective to waive any other rights.
25. Notices. Any notice required to be given to either party by this Agreement shall be in writing and shall be delivered in person, by courier service or by U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows:
To the Agency: [insert name, address and email].
To the Contractor: [insert name, address and email].
26. Authority. If Contractor is other than a natural person, the individual(s) signing this Agreement on behalf of Contractor represents and warrants that he or she has the power and authority to bind Contractor, and that no further action, resolution, or approval from Contractor is necessary to enter into a binding contract.
62 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of signature by the State Purchasing Division below.
By: ______Date:______Aging and Long-Term Services Department
By: ______Date:______ALTSD’s Legal Counsel – Certifying legal sufficiency
By: ______Date:______ALTSD’s Chief Financial Officer
By: ______Date:______Contractor
The records of the Taxation and Revenue Department reflect that the Contractor is registered with the Taxation and Revenue Department of the State of New Mexico to pay gross receipts and compensating taxes.
ID Number: 00-000000-00-0
By: ______Date:______Taxation and Revenue Department
This Agreement has been approved by the State Purchasing Division:
By: ______Date:______GSD State Purchasing Division
63 APPENDIX D
COST RESPONSE FORM
(UNIT AND BUDGET SUMMARY REQUEST FORM)
64 Explanation for UNIT AND BUDGET SUMMARY REQUEST FORM
Explanation - Use Appendix D to identify the unit rate and the number of units your agency proposes to provide with ALTSD funds utilizing the rates (established in Appendix H) for each different component.
* Remember that low bids for each component within the service area will receive Bonus Points.
Column A: List the number of proposed billable units for each separate proposed component.
Column B: Enter the rate selected (from the range in Appendix H) for each separate component.
Column C: Enter the total proposed cost to ALTSD for each separate component by multiplying column A with column B.
Column D: Enter the estimated monthly average of the number of participants who will receive services for each separate component listed.
Column E: Enter the proposed number of billable units for each separate component listed.
Total: This total must correspond with the total of Units x Component costs.
65 UNIT AND BUDGET SUMMARY REQUEST
Offeror Name: ______Vendor Code:______
The Agency is: For Profit NOT For Profit
Form 4 - must be completed, signed, and attached to all required copies of the proposal. A B C D A B NUMBER OF UNITS MONTHLY TOTAL PROPOSED PROPOSED ESTIMATE SERVICE (for ea. HOURLY COST PROPOSEDUNITS COMPONEN component for RATES (# of CLIENTS ( A x B) SERVED) (to be billed each month) TS the Fiscal Year) (Per Unit) Est. Hrs. for the Est. # Served MANDATOR Rates per Hour Total $ - FY Est. Units Mo. Y Yr. Mo. Service $ Management $
Personal Care $ $
Home $ $ Management Hours for the Rates per Hour Total $ - FY # Served Mo. Est. Units Mo. ELECTIVE Yr.
Chore Services $ $
TOTAL $ $
Signature of Authorized Offeror: ______
Printed Name:______
Title: ______
66 APPENDIX E
LETTER OF TRANSMITTAL FORM
67 APPENDIX E Letter of Transmittal Form RFP#:_50-624-14-01214______
Offeror Name: ______Items #1 to #7 EACH MUST BE COMPLETED IN FULL Failure to respond to all seven items WILL RESULT IN THE DISQUALIFICATION OF THE PROPOSAL! 1. Identity (Name) and Mailing Address of the submitting organization: ______2. For the person authorized by the organization to contractually obligate on behalf of this Offer: Name ______Title ______E-Mail Address ______Telephone Number ______
3. For the person authorized by the organization to negotiate on behalf of this Offer: Name ______Title ______E-Mail Address ______Telephone Number ______
4. For the person authorized by the organization to clarify/respond to queries regarding this Offer: Name ______Title ______E-Mail Address ______Telephone Number ______
5. Use of Sub-Contractors (Select one) ____ No sub-contractors will be used in the performance of any resultant contract OR ____ The following sub-contractors will be used in the performance of any resultant contract: ______(Attach extra sheets, as needed) 6. Please describe any relationship with any entity (other than Subcontractors listed in (5) above) which will be used in the performance of any resultant contract. ______(Attach extra sheets, as needed) 7. ___ On behalf of the submitting organization named in item #1, above, I accept the Conditions Governing the Procurement as required in Section II. C.1.
68 ___ I concur that submission of our proposal constitutes acceptance of the Evaluation Factors contained in Section V of this RFP. ___ I acknowledge receipt of any and all amendments to this RFP.
______, 2014 Authorized Signature and Date (Must be signed by the person identified in item #2, above.)
69 APPENDIX F NM RESIDENT VETERANS CERTIFICATION
70 New Mexico Preference Resident Veterans Certification
Reminder, a copy of Resident Veterans Preference Certificate must be submitted with the proposal in order to ensure adequate consideration and application of NMSA 1978 § 13-1- 21 (as amended). ______(NAME OF CONTRACTOR) hereby certifies the following in regard to application of the resident veterans’ preference to this procurement:
Please check one box only
□ I declare under penalty of perjury that my business prior year revenue starting January 1ending December 31 is less than $1M allowing me the 10% preference on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime.
□ I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is more than $1M but less than $5M allowing me the 8% preference on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime.
□ I declare under penalty of perjury that my business prior year revenue starting January 1ending December 31 is more than $5M allowing me the 7% preference on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime.
“I agree to submit a report, or reports, to the State Purchasing Division of the General Services Department declaring under penalty of perjury that during the last calendar year starting January 1 and ending on December 31, the following to be true and accurate: “In conjunction with this procurement and the requirements of this business’ application for a Resident Veteran Business Preference/Resident Veteran Contractor Preference under Sections 13-1-21 or 13-1-22 NMSA 1978, when awarded a contract which was on the basis of having such veterans preference, I agree to report to the State Purchasing Division of the General Services Department the awarded amount involved. I will indicate in the report the award amount as a purchase from a public body or as a public works contract from a public body as the case may be. “I understand that knowingly giving false or misleading information on this report constitutes a crime.”
I declare under penalty of perjury that this statement is true to the best of my knowledge. I understand that giving false or misleading statements about material fact regarding this matter constitutes a crime.
______
(Signature of Business Representative)* (Date)
*Must be an authorized signatory for the Business. The representations made in checking the boxes constitutes a material representation by the business that is subject to protest and may result in denial of an award or termination of award of the procurement involved if the statements are proven to be incorrect.
71 72 APPENDIX G ADMINISTRATIVE AND FISCAL STANDARDS
73 ADMINISTRATIVE AND FISCAL STANDARDS
REVISED
ADMINISTRATIVE STANDARDS
Personnel
A. The agency shall have a current and dated organizational chart that accurately reflects the staff structure of authority, responsibility and accountability within the agency. The organizational chart must illustrate the relationship of each position or department to all other positions or departments within the agency.
B. The agency shall have written personnel policies and procedures approved and signed by the board of directors. All policies and procedures shall be reviewed annually, and any changes, additions, deletions, etc., shall be dated and signed by the board of directors. Procedures must be in place that allow employees to provide input into changes in agency and personnel policies and procedures.
C. The agency personnel policies and procedures must include, at a minimum:
a) Mission of agency; b) American Disabilities Act; c) Annual Report; d) Benefits; e) Disciplinary Procedures; f) Drug Free Workplace; g) Employee Orientation and Annual Agency Training Plan; h) Equal Employment Opportunity Statement; i) Grievance Procedures; j) Hiring / Firing Policies; k) Hours of Work; l) Job Qualifications and Job Descriptions; m) Caregivers’ Criminal History Records Checks; n) Leave / Holiday Policies; o) Performance Review System; p) Personnel Files; q) Promotion Policies;
74 r) Quality Assurance; s) Salary Policy and Plan; t) Termination /Resignation Procedures
D. The agency shall distribute a copy of all personnel policies and procedures to all new employees and make them available to all employees.
E. The agency shall maintain current, written job descriptions and job qualifications for all positions (staff, consultants and direct service volunteers) in the agency. Each job description shall include, at a minimum: Job title; salary range; duties and responsibilities of the position; required minimum experience; required minimum training and required minimum education.
F. The agency shall maintain a current, accurate and confidential personnel record for each paid and direct service volunteer employee. A personnel record on each employee shall contain, at a minimum: Job description; initial application / resume; documentation of reference letters; results of employment investigation; law enforcement records check; education and experience as required; wage and salary information; job performance evaluation; documentation and verification of all previous and ongoing training, including all component specific training and education; incident reports; and commendations or disciplinary actions, if any. This information must be reliable, accurate, and current. All employee records must be kept in a locked file to ensure confidentiality.
Note: regulations governing criminal record checks for caregivers (29-17-1 NMSA 1978 Amended) are in effect for all direct service employees
G. The immediate supervisor shall conduct job performance evaluations semi-annually for all new employees and at least annually for all current employees. Said evaluation should document the review and results of the evaluation with the employees and be included in the personnel file.
H. The agency shall be headed by an agency director appointed by and responsible only to the board of directors. The board shall delegate to the director such authority and responsibility necessary to operate the agency. The director shall be responsible for the daily operation of the agency through decision making, authorization of expenditures, and the implementation of policies and procedures.
75 Board of Directors
A. The board shall have a written mission statement approved by the board of directors. The board shall describe the purpose for which the agency provides services.
B. The board shall approve and review annually the written long range plan and goals. The long range plan and goals should describe in general terms who is served and the services provided.
C. The board shall ensure that the agency has current articles of incorporation which meet all of the legal requirements of the governmental jurisdiction in which the agency is located.
D. The board shall ensure that the agency has current by-laws which are filed with the appropriate local, state, or federal body. At a minimum, the agency by-laws should include: a) Membership (types, qualifications, rights, duties); b) Size of board of directors; c) Method of selection; d) Terms of office; e) Duties and responsibilities of officers; f) Committees; g) Quorums; h) Recording of minutes; i) Method for amending by-laws;
E. The board of directors shall periodically review the appropriateness of its governing documents and adherence to their specifications.
F. The board of directors shall ensure that the agency complies with applicable legal requirements and regulations of all governmental and legally authorized agencies under whose authorities it operates. These include, but are not limited to those regarding equal employment opportunity, worker’s compensation, unemployment insurance, affirmative action, safety, licensing, etc.
G. The board of directors shall conduct a periodic, systematic assessment of the agency’s effectiveness.
H. Board members shall be residents of the area served by the organization and representative of the social, economic, linguistic, ethnic, and racial target population. The Contractor shall not employ persons related to a board member by consanguinity or affinity within the third degree.
76 This includes, but is not limited to, spouse, mother, father, brother, sister, grandparents, aunt, uncle, niece, nephew, first cousin, mother-in-law, father-in-law, brother-in-law or sister-in-law.
I. The board of directors of the agency shall hold meetings as prescribed in the by-laws but not less than four times per year.
J. An agenda shall be developed and followed for all board meetings.
K. A permanent record shall be kept of all meetings of the board of directors. Minutes of the meetings of the agency’s board of directors are required in order to accurately record the decisions made and actions taken. These minutes shall include, but not be limited to, meeting date, names of members attending, topics discussed, decisions reached, actions taken, and attachment of any documents referenced. Board minutes shall be signed and approved by an officer of the board.
L. The board of directors shall review and approve all aspects of the agency’s operations including policy, personnel, budget, fund-raising, etc., including quarterly financial reports.
M. The board shall determine the amount of capital outlay expenditures which must receive prior approval from the board.
N. The board of directors shall review and approve agency line item budgets and any and all subsequent budget adjustments.
O. Provisions shall exist for the orientation of new board members to the Board. This orientation shall consist of, but not be limited to: the organizational goals and objectives, organization operations, roles and responsibilities of board members, and financial overview of the organization’s assets and liabilities.
P. The board of directors shall make continual and on-going efforts to provide all board members with training related to their participation on the board.
Note: For profit agencies, units of government, and other public / private entities, shall establish maintain an advisory board which shall have the same responsibilities as those listed above for boards of directors, with the exception of #3, #4, #5, #6, #12, and #13. Sole proprietorships shall develop other mechanisms for eliciting community and department input to be mutually agreed upon by the Department and the provider.
77 Physical Facilities
The physical facilities must meet all licensing requirements per classification and should be located, constructed, equipped, and operated to promote the efficient and effective conduct of the agency’s programs, to protect the health and safety of the persons serviced and the staff, to promote the integration of those served into the community, to be accessible to persons served, staff and the community, meet the American’s With Disabilities Act (ADA) and the Drug-Free Workplace Act of 1988.
Administrative Recordkeeping
Records and reports (including, but not limited to, fiscal, personnel, program evaluation, management information systems, governance, etc.) should guide the operations, support the assessment and improvement in quality of services, measure and communicate productivity, and reflect the agency’s status. All records should be maintained for a minimum of three years. This would be the three prior years plus the current year’s records.
78 FISCAL STANDARDS
COMPLIANCE A. The agency shall comply with all federal and state statutes, rules and regulations. Cost principles, administrative requirements and audit requirements, applicable to federal grants shall apply to state funds, as well. See attached source sheet.
B. The agency shall comply with all aspects of the provisions of the contract, including all insurance, bonding and audit requirements.
C. The agency shall obtain and maintain at all times during the term of this contract a Blanket Bond covering the activities of the agency in the amount of at least 25% of the total dollar amount of the current ALTSD contract amount.
D. The agency shall obtain and maintain at all times during the term of this contract a liability insurance policy issued by an insurance company licensed to do business in the State of New Mexico. The policy shall include liability insurance coverage provided in the amount of at least $100,000 for damage to or destruction of property arising out of a single occurrence; $300,000 to any person for any number of claims arising out of a single occurrence for all damages other than property damage; or $500,000 for all claims arising out of a single occurrence. The policy shall be secured by the agency within thirty (30) days of the effective date of the current contract.
E. The agency shall secure and maintain adequate fire and extended hazard insurance on all property in the custody of the agency, which is furnished or owned by the Department or in which the Department has a financial interest, within thirty (30) days of the effective date of the current agreement.
F. The agency is responsible to provide Worker’s Compensation Insurance for its employees as required by New Mexico State law.
G. The agency shall maintain the fiscal records of the agency in accordance with generally accepted accounting principles (GAAP) applicable to their type of organization.
FISCAL BOOKS OF RECORDS
A. The agency must maintain the following books of record:
79 a) Chart of Accounts.
b) General Ledger.
c) Cash Receipts and Cash Disbursements Journals.
d). General Journal for adjusting entries, correcting entries, accrual entries, and cost allocation entries, if not provided for in cash journals.
e) Subsidiary ledgers, if applicable to the organization.
f) Capital Outlay Inventory that includes at a minimum - description of property; serial number or other ID number; date of purchase; acquisition cost by funding source(s); location and use of property; and disposition data including date of disposition and sale price, if any.
g). Payroll journals and employee earnings records.
B. Recommended supplementary financial records include: a) Balance Sheet;
b) Statement of Revenue and Expenditures;
c). Fiscal Policy and Procedures which must include:
1) Handling of cash / checks; 2) Handling of voided checks; 3) Authorized check signatures; 4) Bank Reconciliations; and 5) Separation of duties.
REPORTS
A. The agency shall complete in full the State and Federal payroll tax forms in accordance with the required time period and shall ensure payroll taxes are paid within the required time frame.
B. The agency shall complete in full and submit the required forms of the State Department of Labor.
80 C. The agency shall submit timely program and financial reports to the funding agencies as specified in the contracts.
SOURCE SHEET
ADMINISTRATIVE REQUIREMENTS
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, also known as the Common Rule.
OMB Circular A-110, Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations.
FASB and AICPA Statements and Professional Pronouncements
COST PRINCIPLES
OMB Circular A-87, Cost Principles for State and Local Governments.
OMB Circular A-122, Cost Principles for Non-Profit Organizations.
FASB and AICPA Statements and Professional Pronouncements
AUDITS
OMB Circular A-133, Audits of States, Local Governments and Nonprofit Organizations
OMB Compliance Supplement for Audits of States, Local Governments and Nonprofit Organizations
U.S. General Accounting Office, Government Auditing Standards, (The Yellow Book, Current Revision)
FASB and AICPA Statements and Professional Pronouncements
81 APPENDIX H RANGE OF RATES
82 RANGE OF RATES FOR MANDATORY COMPONENTS: (to be used with Appendix D – UNIT AND BUDGET SUMMARY REQUEST)
RFP#: 50-624-14-01214
Administrative Support ...... Required ………. Non Billable
Service Management ...... Required ...... 1 Staff Hour - $15.00 to $18.00.
Personal Care ...... Required ...... 1 Staff Hour - $15.00 to $18.00.
Home Management ...... Required ...... 1 Staff Hour - $15.00 to $18.00.
RANGE OF RATES FOR OPTIONAL HOME CARE COMPONENT:
Chore Services...... 1 Staff Hour ……..$18.00 to $30.00 per hour.
Note: Offerors are allowed to propose any rates within this range
83 APPENDIX I FORMS
84 APS Home Care Proposal Fact Sheet and Acceptance of Conditions Form
RFP#: 50-624-14-01214
Offeror Name: ______
PUBLIC FUNDING
FY 13 Funding or Budgets FY 14 Budget or Funding SERVICE COMPONENTS (7/1/12- 6/30/13) (07/01/13 - 06/30/14) ALTSD Contracts: AAA, DOH or Other NM Contracts Medicaid Funded Services PCO, Long-term (i.e. Waiver) Services: Other:______
TOTAL
OTHER FUNDING SOURCES FY 13 Funding or Budgets FY 14 Budget or Funding SOURCE and AMOUNT (7/1/12- 6/30/13) (07/01/13 - 06/30/14) Private Pay Funds
Total Budget: FY 13 ______FY 14 ______
List Proposed Geographic/Delivery Service Areas: (County/City):______
I hereby certify that all information contained in this proposal contains no willful misrepresentation and that the information is true and complete to the best of my knowledge. I hereby explicitly accept all of the requirements of the RFP.
Signature: ______CEO/President, Board of Directors Typed Name Date:
Signature: ______Director Typed Name Date:
85 LINE ITEM BUDGET - Form 2a ALTSD/APS REQUEST FOR PROPOSAL RFP#: 50-624-14-01214
LINE ACCOUNT DESCRIPTION BUDGET ITEM REQUEST 003.0 Permanent Position - Full Time $ 003.0 Permanent Position - Full Time $ 003.0 Permanent Position - Full Time $ 003.0 Permanent Position - Full Time $ 004.0 Permanent Position - Part Time $ 004.0 Permanent Position - Part Time $ 004.0 Permanent Position - Part Time $ 005.0 Temporary $ TOTAL $______LINE BUDGET ITEM ACCOUNT DESCRIPTION REQUEST 011.0 Group Insurance $ 012.0 Retirement $ 013.0 F.I.C.A. $ 014.0 Worker’s Compensation $ 015.0 Unemployment Compensation $ 016.0 Employee Liability Insurance $ 019.0 Other Employee Benefits $ TOTAL_$______LINE BUDGET ITEM ACCOUNT DESCRIPTION REQUEST 021.0 Instate Mileage and Fares $ 022.0 Instate Meals and Lodging $ 025.0 Gas & Oil - Transportation $ 026.0 Maintenance & Repairs $ 027.0 Insurance - Transportation $ 028.0 Other Travel $ TOTAL_$______LINE BUDGET ITEM ACCOUNT DESCRIPTION REQUEST 031.0 Grounds and Roadways $ 032.0 Furniture, Fixtures and Equipment $ 033.0 Buildings and Structures $ 034.0 Property Insurance $ 035.0 Maintenance supplies $ 036.0 Laundry and Dry Cleaning $ 037.0 Other maintenance Supplies $
86 TOTAL_$______
87 FORM 2a - LINE ITEM BUDGET - ALTSD REQUEST Page 2
LINE BUDGET ITEM ACCOUNT DESCRIPTION REQUEST 051.0 Medical Services $ 052.0 Professional Services Contracts $ 053.0 Other Contractual Services Stipends $ 054.0 Audit $ 056.0 Reporting $ 059.0 Printing and Photo Services $ 061.0 Postage and Mail Services $ 062.0 Bond Premiums $ 063.0 Utilities $ 064.0 Rent of Buildings $ 065.0 Rent of Equipment $ 066.0 Telephone $ 067.0 Subscriptions and Dues $ 068.0 Education and Training $ 069.0 Advertising $ TOTAL $______
LINE BUDGET ITEM ACCOUNT DESCRIPTION REQUEST 073.0 Care and Support $ 079.0 Miscellaneous Other Expenses $ TOTAL $______
LINE BUDGET ITEM ACCOUNT DESCRIPTION REQUEST 082.0 Furniture and Fixtures $ 083.0 Data Processing $ 084.0 Equipment and Machinery $ 087.0 Library and Museum Acquisitions $ 088.0 Automotive/Aircraft $ TOTAL $______
LINE BUDGET ITEM ACCOUNT DESCRIPTION REQUEST 096.0 Out-of-State Mileage and Fares $ 097.0 Out-of-State Meals and Lodging $ 098.0 Board - Out-of -state Mileage and Fares $ 099.0 Board - Out-of -state Meals and Lodging $ TOTAL $______
88 GRAND TOTAL $______
89 BUDGET NARRATIVE RFP#: 50-624-14-01214
FORM 2b LINE ITEM Approx. DESCRIPTION/ JUSTIFICATION LINE DESCRIPTION Salary ITEM # 003.0 Perm. Position - $ F/T 003.0 Perm. Position - $ F/T 003.0 Perm. Position - $ F/T 003.0 Perm. Position - $ F/T 004.0 Perm. Position - $ P/T 004.0 Perm. Position - $ P/T 004.0 Perm. Position - $ P/T 005.0 Any Temporary $ Positions 011.0 Group Insurance $
012.0 Retirement $
013.0 F.I.C.A. $
014.0 Worker’s $ Compensation 015.0 Unemployment $ Compensation 016.0 Employee Liability $ Insurance 019.0 Other Employee $ Benefits 021.0 Mileage $
022.0 Instate Meals/ $ Lodging 025.0 Gas & Oil $ Transportation 026.0 Maintenance/ $ Repairs
90 027.0 Insurance - $ Transportation SUBTOTAL $______
91 BUDGET NARRATIVE Continued
FORM 2b Page 2 LINE LINE ITEM BASE DESCRIPTION/ JUSTIFICATION ITEM DESCRIPTION REQUEST # 031 Grounds/Roads $ 032 Furniture, Fixtures $ and Equipment 033 Buildings $ and Structures 034 Property Insurance $ 035 Maintenance and $ Supplies 051.0 Medical Services $ 052.0 Professional $ Services Contracts 053.0 Other Contractual $ Services/Stipends 054.0 Audit/Reporting $ 059.0 Printing Services $ 061.0 Postage and Mail $ 062.0 Bond Premiums $ 063.0 Utilities $ 064.0 Rent of Buildings $ 065.0 Rent of Equipment $ 066 Telephone $ 067 Subscription/Dues $ 068 Education $ and Training 069 Advertising $ 073 Care & Support $ 079 Miscellaneous $ Other Expenses 082 Furniture $ and Fixtures 083 IT & Data $ Processing 084 Equipment $ and Machinery 087 Library $ 088 Automotive/ $
GRAND TOTAL
92 $______
93 STAFF QUALIFICATIONS PERSONNEL COSTS SUMMARY
Form 3 ALTSD- Education Years of Weekly Approx. Estimated Staff Title and Experience Hours Gross Share of Training Worked Salary Salary %
94 STATEMENT OF ASSURANCES
Form 5
Form 5 must be completed, signed, and attached to all required copies of the proposal. The documents listed below must be attached and submitted with the original proposal only. Only one copy of all the listed attachments is required.
CORPORATE ASSURANCES:
1. Current copy of Articles of Incorporation approved by the NM State Corporation Commission; _____
2. Proof of registration with the NM State Department of Taxation and Revenue Revenue for payment of gross receipts tax or proof of exemption from payment of federal income tax pursuant to the Internal Revenue Code of 1954 26 USC Section 501-(c)-(3); ______
4. (Optional) Copy of Board of Director’s Roster (Form -6a) _____
5. (Optional) Copy of Advisory Board Roster if applicable (Form – 6b) _____
LICENSING ASSURANCES:
6. Current copy of Certificate for Licensed agencies only; ______
I certify that the information provided is true and correct, and if awarded a contract, I will comply with all Administrative and Fiscal Standards including all Contract General Provisions incorporated in this Request for Proposal as Appendix C and G.
______SIGNATURE DATE
______TITLE
95 BOARD OF DIRECTORS ROSTER (if applicable)
Form 6a Optional
Program Name: Date: BOARD MEMBER AREA OF RESIDENCE TITLE/ ASSOCATION AREA OF INVOLVEMENT WITH AGENCY
Describe how the Board of Directors interacts with the agency and reflect the interests of the service area, consumers, families etc.
96 ADVISORY BOARD ROSTER (if applicable)
Form 6b Optional
Program Name: Date: BOARD OFFICE MEMBER AREA OF RESIDENCE TERM HOW ASSOCATED SUBCOMMITTEE or AREA WITH AGENCY OF INTEREST
Describe how Board Members reflect the ethnic, cultural and language demographics of the service areas and represent the Private Sector, consumers, families etc.
97 New Mexico Employees Health Coverage Form
1. For all contracts solicited and awarded on or after January 1, 2008: If the Offeror has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Offeror must agree to have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2010 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.
2. Offeror must agree to maintain a record of the number of employees who have (a) accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state.
3. Offeror must agree to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information http://www.insurenewmexico.state.nm.us/.
4. For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the Offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000.
Signature of Offeror: ______Date______
Title: ______
98