REQUEST FOR PROPOSALS 2016-ID REACH PROGRAM MEDICAL DIRECTOR (Adult Population) SEALED PROPOSALS DUE DATE/TIME. January 29, :00 A.M.

Transcription

1 RBHA.ORG SOUTH FIFTH STREET, RICHMOND, VA REQUEST FOR PROPOSALS REACH PROGRAM MEDICAL DIRECTOR (Adult Population) SEALED PROPOSALS DUE DATE/TIME January 29, :00 A.M. Madrika Martin, Senior Procurement Officer (804) Telephone

2 RFP Number: Issue Date: December 29, 2015 Commodity Number: 94876, 94871, Title: Issuing/Using Agency: Term of Contract: Worksite: REACH Medical Director (Adult population) Richmond Behavioral Health Authority One (1) Year with Four (4) one-year renewal options Richmond, Virginia Send mailed proposals directly to the Richmond Behavioral Health Authority (RBHA) no later than January 29, 2016, at 10:00 a.m. If proposals are hand delivered, deliver to: Front receptionist desk, 107 S. Fifth Street, Richmond, Virginia Direct all inquiries for information to Madrika Martin, Senior Procurement Officer, in writing via fax to or via mail at the above address. Potential Offerors may communicate only with the procurement official during this procurement process. Direct all communications to Madrika Martin, Senior Procurement Officer, via fax to Any communication with other staff, officials or Board Members of RBHA concerning this procurement is strictly prohibited and could serve as grounds for disqualification of the potential Offeror. A pre-conference is not scheduled. All interested Offerors are encouraged to submit written questions no later than January 12, 2016, at 10:00 a.m. Written answers will be provided in addendum format. All official changes, amendments or addenda will be posted to the RBHA web site at and on the eva (electronic Virginia) web site at It is the responsibility of the potential Offeror to check the web sites for these notices. **********FACSIMILES ARE NOT ACCEPTED************** In compliance with this Request for Proposal (RFP) and subject to all conditions imposed therein, the undersigned agrees to furnish the services at the prices by their submission. *Virginia provider License No. (if applicable) Class: Specialty Codes: Name and Address of Firm: Date: By: (Signature in Ink) Zip Code: Name: eva provider ID or DUNS#: (Please Print) Fax Number: ( ) Title: Address: Telephone Number: ( ) Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, or against a Offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment. IMPORTANT: THIS PAGE MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. REACH Medical Director Page 2 of 38

3 IT IS THE OFFEROR S RESPONSIBIILTY TO ENSURE THAT PROPOSALS ARE RECEIVED AT THE LOCATION INDICATED BY THE DATE AND TIME LISTED HEREIN. OFFERORS WILL INCLUDE THIS COVER SHEET IN YOUR PROPOSAL WITH ALL REQUESTED INFORMATION AND AN AUTHORIZED SIGNATURE. IF AN ADDENDUM IS ISSUED TO THIS RFP, IT IS THE RESPONSIBILITY OF THE OFFEROR TO PROVIDE ACKNOWLEDGEMENT OF THAT ADDENDUM AS PART OF THE PROPOSAL SUBMISSION. IN COMPLIANCE WITH THIS REQUEST FOR PROPOSAL AND TO ALL THE CONDITIONS IMPOSED THEREIN, THE UNDERSIGNED OFFEROR AGREES TO FURNISH THE SERVICES IN ACCORDANCE WITH THE ATTACHED SIGNED PROPOSAL OR AS MUTUALLY AGREED UPON BY SUBSEQUENT NEGOTIATION. My signature warrants that I have not employed or retained any firm or person other than a bona fide employee working solely for the firm to solicit or secure this contract and have not paid or agreed to pay any firm or person other than a bona fide employee working solely for the firm any fee, commission, percentage, brokerage fee, gifts or other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, RBHA will have the right to annul or void this contract without liability or, in its sole discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. My signature also certifies that this firm has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest or potential conflict of interest to RBHA, and that there are no principals, officers, agents, employees, or representatives of this firm that have any business or personal relationships with any other companies or persons that could be considered as a conflict of interest or a potential conflict of interest to the RBHA, pertaining to any and all work or services to be performed as a result of this request and any resulting contract with the RBHA. If the contractor knowingly makes a material misrepresentation in submitting information to RBHA, such misrepresentation is sufficient grounds for rescinding the award of this contract. By signing this document, I hereby certify that I am authorized to sign as a Representative for the Firm and to obligate the Firm to the terms and conditions contained herein: OFFEROR INFORMATION: (Official Signature in Ink) Print Name Print Name of Organization Federal Identification Number Print Organization Address Print Telephone Number Facsimile Address Date IMPORTANT: THIS PAGE MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. REACH Medical Director Page 3 of 38

4 TABLE OF CONTENTS I. BACKGROUND AND PURPOSE PAGE 6 II. STATEMENT OF NEEDS/PROJECT STRUCTURE PAGE 6 III. DELIVERABLES PAGE 7 IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS PAGE 8 A. RESPONSE B. PROPOSAL PREPARATION V. EVALUATION AND AWARD CRITERIA PAGE 10 A. EVALUATION B. AWARD OF CONTRACT VI. CONTRACT PERIOD PAGE 11 VII. TERMS AND CONDITIONS PAGE 11 VIII. SPECIAL TERMS AND CONDITIONS PAGE 22 BUSINESS ASSOCIATE AGREEMENT PAGE 25 REQUIRED ATTACHMENTS: PAGE 32 ATTACHMENT A: CONFLICT OF INTEREST STATEMENT ATTACHMENT B: VENDOR DATA SHEET ATTACHMETN C: STATE CORPORATION COMMISSION FORM ATTACHMENT D: PROPOSAL QUESTIONS/INQUIRIES ATTACHMENT E: PRICE PROPOSAL SHEET ATTACHMENT F: REQUEST FOR PROPOSAL/LETTER OF ATTESTATION REACH Medical Director Page 4 of 38

5 I. BACKGROUND AND PURPOSE The purpose of this Request for Proposal (RFP) is to enter into a contract to obtain the services of an independent mental health provider, that is licensed in the Commonwealth of Virginia, to provide approximately fifteen (15) hours a week of psychiatric consultation and training regarding treatment of individuals with intellectual and developmental disabilities (I/DD) and challenging behaviors or dual diagnosis (mental illness and I/DD) for the Region IV REACH program. It is RBHA s intent to award a contract to a single provider who is a licensed medical provider. Richmond Behavioral Health Authority is a public authority created pursuant to laws of the Commonwealth of Virginia dedicated to providing exceptional behavioral health care services to the citizens of the Richmond Virginia. The Richmond Behavioral Health Authority is located at 107 South 5 th Street in the city of Richmond, Virginia. The facility is licensed by the Commonwealth of Virginia to provide behavioral health care and substance abuse services. RBHA has approximately 500 employees. RBHA generates approximately forty million dollars in revenue annually. Revenue sources include Medicare, Medicaid, private insurance, and selfpay. The REACH Program The REACH Program is a systems-linkage approach to support for individuals with an intellectual disability and mental health condition or challenging behavior that is negatively affecting their quality of life. The underlying philosophy of REACH is that services are most effective when everyone involved in support and treatment are allowed to participate actively in collaborative treatment planning and service decisions. REACH offers clinical assessment and support by using the following methods: Training and empowerment for families and caregivers; Effective positive behavior support approaches; Therapeutic tools developed in collaboration with medical, allied health, intellectual disability and mental health professionals; Community and home based crisis intervention and stabilization supports; A six bed residential therapeutic and planned respite facility; and Optimal utilization of existing resources through system linkages. Please find additional information at: II. SCOPE OF WORK The vendor is responsible for providing on-site consultation and treatment as needed for guests of the REACH therapeutic home, consultation to treating physicians/psychiatrists, consultation with inpatient providers, and psychiatric evaluations as needed for REACH participants. 2.1 The Offeror will participate in weekly clinical team meetings, and daily triage meetings as needed, at the REACH offices or Crisis Therapeutic home, provide clinical REACH Medical Director Page 5 of 38

6 consultation and guidance/training to REACH staff as related to the population being served. 2.2 The selected Offeror must have the ability to provide 24-hour accessibility for consultation on emergency cases. Periodic travel within a 150-mile radius is required. 2.3 The selected Offeror will produce psychiatric consultative reports and other required documentation in a timely manner. III. VENDOR QUALIFICATIONS 1) Licensed by the Commonwealth of Virginia to practice as a medical doctor and board certified in psychiatry; 2) Prescriptive authority and active DEA license; 3) Proof of medical malpractice insurance; 4) Meets requirements for service authorization and reimbursement; 5) Extensive experience treating individuals with I/DD and challenging behaviors or dual diagnosis; 6) Clinic and community work required; 7) Effective communication skills, both orally and in writing; 8) Basic computer skills; and, 9) Must possess a valid driver s license. III. PROPOSAL PREPARATION AND SUBMISSION A. Response: 1. Offerors must submit a curriculum vitae, a letter of interest and all completed attachments especially Attachment F - Proposal / Letter of Attestation. 2. Offeror shall provide four (4) complete copies of the Proposal/Letter of Attestation with one marked original and signed by a representative duly authorized to execute binding contracts on behalf of the Offeror. 3. Should the proposal contain proprietary information, provide one (1) redacted hard copy of the proposal and attachments with proprietary portions removed or blacked out. Clearly mark this copy as Redacted Copy on the front cover. The classification of an entire proposal document, line item prices and/or total proposal prices as proprietary or trade secrets is not acceptable. RBHA shall not assume any responsible for the Contractor s failure to exclude proprietary information from this redacted copy. 4. The Offeror shall make no other distribution of the proposal. REACH Medical Director Page 6 of 38

7 5. Failure to submit all information requested may result in the RBHA requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. 6. Mandatory requirements are required by law or regulation or are such that RBHA cannot waive them and are not subject to negotiations. 7. Proposals that are substantially incomplete or lack key information are subject to rejection. B. Proposal Preparation: 1. Proposals are typed/word processed and signed in ink, by an authorized representative of the Offeror on the RBHA RFP document where indicated. 2. Proposals are prepared simply and economically. Emphasis is placed on completeness and clarity of content. Proposals are thorough and detailed as possible so the RBHA may properly evaluate your capabilities to provide the required services. Proposals that are not organized in this manner risk elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed. 3. Offerors will submit the following items as a complete proposal: a. The return of the complete RFP signed and filled out where required, submitted by the RFP Due Date and Time. Late responses are not returned to Offerors unless requested. b. A complete typed narrative and/or information package. See Attachment F for additional information that an Offeror shall include in the proposal. i. References. See Attachment B. The RBHA reserves the right to contact each reference and discuss the project. ii. Pricing Schedule. The Contractor agrees to provide the services in compliance with the statement of needs and terms and conditions of this Request for Proposals at the prices shown on Attachment E. RBHA will not pay for services included in the proposal without specific pricing and RBHA shall consider such additional services included at no charge to RBHA. iii. Proposal / Letter of Attestation Instructions shall include the following information: a) Names and contact information of individuals and/or a group of qualified, physicians or physician assistants/nurse practitioners working with the Offeror to provide weekend, on-call, and after hours phone coverage who are licensed in the Commonwealth of Virginia; b) List of insurance carriers with whom the Offeror is credentialed; c) Any known limitations on hours of availability each day/week; d) Earliest REACH date; and REACH Medical Director Page 7 of 38

8 e) Requested monthly reimbursement based on the expected deliverables included in the proposal. *The Offeror is required to provide copies of Licenses and/or Certifications with the proposal. IV. EVALUATION AND AWARD CRITERIA A. EVALUATION. After receipt of proposals, an Evaluation Committee will use the following evaluation criteria and weighing factors in selecting the firm for negotiation and recommendation for award of the contract. In any and all cases, the primary objective of RBHA is to obtain the highest quality and greatest diversity of services and maximize earnings potential at the lowest possible cost. It is the policy of the RBHA to evaluate proposals as submitted and not notify Offerors of deficiencies in their response. RBHA may reject a proposal if it is conditional or incomplete. In furtherance of such objective, proposals are evaluated on the basis of the following categories: 1. Criteria Experience in providing oversight of medical or psychiatric operations within a medical or psychiatric facility. Point Weight 25 pts. 2. Experience with and understanding of providing on-site consultation and treatment of individuals with I/DD and challenging behaviors or dual diagnosis. 25 pts. 3. Ability to meet requirements for service authorization and reimbursement. 15 pts. 4. Number of years of experience in the position of Medical Director and/or Assistant Medical Director at a private and/or public psychiatric hospital or behavioral health unit 15 pts. 5. Experience working with/within Community Service Boards, private-for-profit, private non-profit and public entities that would foster understanding and appreciation for public-private partnerships, and with recovery principles of mental health treatment. 10 pts. 6. References. 10 pts. Available Points = 100 B. AWARD OF CONTRACT. The contract award is the sole discretion of RBHA based on the recommendation of the Evaluation Committee (EC) and shall engage in individual discussions with all Offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence to provide the REACH Medical Director Page 8 of 38

9 required services. Repetitive informal interviews shall be permissible. Such Offerors are encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project as well as alternative concepts. The request for proposal shall not, however, request that Offerors furnish estimates of man-hours or cost for services. These discussions may encompass nonbinding estimates of total project costs. The discussions may, also, include potential methods used in arriving at price for services. The EC shall not disclose proprietary information from competing Offerors to the public or to competitors. At the conclusion of discussions, outlined herein, on the basis of evaluation factors published in the request for proposals and all information developed in the selection process to this point, the EC shall select in the order of preference two (2) or more Offerors whose professional qualifications and proposed services are deemed most meritorious. The EC shall then conduct negotiations beginning with the Offeror ranked first. If a contract satisfactory and advantageous to RBHA is negotiated at a price considered fair and reasonable, the RBHA shall make an award to that Offeror. Otherwise, RBHA s Director of Procurement and General Services shall formally terminate negotiations with the Offeror ranked first and begin conducting negotiations with the Offeror ranked second, and so on until such a contract is negotiated at a fair and reasonable price. Should RBHA s Director of Procurement and General Services determine in writing and in his sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified and suitable than the others under consideration, the RBHA may negotiate a contract and awarded to that Offeror. RBHA shall not reopened negotiations with any Offeror once the negotiations for any Offeror is formally terminated. RBHA reserves the right to reject any and all proposals in whole or in part and to waive any informality or technical defects if, in its sole judgment, it is in the best interests of RBHA. RBHA may award the contract to the firm complying with all the provisions of this RFP and the stated criteria, subject to the availability of funding and provided it is in the best interest of RBHA to award the contract. V. CONTRACT PERIOD 1. The contract for the services outlined in this RFP will commence on published contract award date for twelve (12) consecutive months with four (4) twelve month renewals 2. Automatic contract renewals are prohibited. RBHA must authorize and coordinate all renewals of this contract. RBHA reserves the right to renew the contract for one (1) year at a time, if agreeable to all parties. There are four (4) one-year renewals associated with this contract. The total contract period, including renewal options will not exceed a period of five (5) years. A written contract renewal notice is required prior to the expiration date of each contract period. 3. The contract provides that if funding is not made available in any fiscal year, and RBHA lacks funds from other sources to pay the compensation due under the contract, RBHA is entitled, at the beginning of or during such fiscal year, to terminate the contract. In that event, RBHA is not obligated to make any payments under the contract beyond the amount properly appropriated for contract payments in the immediate prior fiscal year. RBHA will provide the Vendor with written notice of contract termination due to the non-appropriation of funds at least sixty (60) calendar days before the effective date of the termination. However, RBHA s failure to provide such notice will not extend the contract into a fiscal year in which funds for contract payments are not appropriated. VI. TERMS & CONDITIONS REACH Medical Director Page 9 of 38

10 1. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this proposal, no indication of such sales or services to RBHA are to be used in product literature or advertising. The provider will not state in any of its advertising or product literature that RBHA has purchased or uses any of its products or services, and the provider will not include RBHA in any client list in advertising and promotional materials. 2. ANTI-DISCRIMINATION: Offerors certify to the Richmond Behavioral Health Authority that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization will not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and is subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds are subject to audit by the public body. (Code of Virginia, E). In every contract over $10,000, the provisions in A. and B. below apply: 1. During the performance of this contract, the provider agrees as follows: a. The provider will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin or disabilities, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the provider. The provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause, including the names of all contracting agencies with which the provider has contracts over $10, b. The provider, in all solicitations or advertisements for employees placed by or on behalf of the provider, will state that such provider is an equal opportunity employer. c. Notices, advertisements and solicitations placed in accordance with federal laws, rules or regulations are deemed sufficient for meeting the requirements of this Section. 2. The provider will include the provisions of A. above in every subcontract or purchase order of over $10,000, so that the provisions are binding upon each subcontractor or provider. 3. ANTITRUST: The provider conveys, sells, assigns, and transfers to RBHA all rights, title and interest in and to all causes of the action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract. 4. APPLICABLE LAW AND COURTS: This solicitation and any contract resulting from this solicitation is governed and construed in accordance with Virginia law without taking into account conflicts of laws rules. The parties hereto expressly agree that the proper forum for adjudication of matters arising under or relating to the contract resulting from this solicitation is REACH Medical Director Page 10 of 38

11 the Circuit Court of the City of Richmond. RBHA may at its discretion, and if agreeable to the Offeror, resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, ). The Offeror will comply with applicable federal, state and local laws and regulations. 5. ASSIGNMENT OF CONTRACT: The provider may not assign this contract in whole or in part without the written consent of RBHA nor will the provider assign any monies due or to become due hereunder without the prior written consent of RBHA. 6. AUDIT: The provider hereby agrees to retain all books, records, and other documents relative to this contract for five (5) years after final payment. RBHA or State auditors will have full access to and the right to examine any of the provider s program or financial material during said period. RBHA further reserves the right to review, on demand and without notice, all files of any subcontractor employed by the provider to provide services or commodities under this contract where payments by RBHA are based on records of time, salaries, materials or actual expenses. In cases where the provider maintains multiple offices, records to be audited should be maintained locally or be deliverable to a location in the metro-richmond area. In every instance in which a vendor enters one or more contracts with the RBHA with a combined value of over $200,000, the vendor will provide a copy of a completed, independent audit no later than October 31 st following the completion of each contract year. 7. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A provider organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership is authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act will not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. 8. AVAILABILITY FUNDS: It is understood and agreed between the parties herein that the agency is bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. 9. CANCELLATION OF CONTRACT: RBHA reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon sixty (60) days written notice to the provider. Any contract cancellation notice will not relieve the provider of the obligation to deliver or perform all outstanding orders issued prior to the effective dates of cancellation. Further, RBHA reserves the right to terminate any resulting contract for default if the provider breaks any of the terms therein or if the provider becomes insolvent or commits any acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedy that RBHA may have in law or equity. Default is construed as, but not limited to, failure to properly perform any and all of its obligations and requirements under any resulting contract. 10. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways: REACH Medical Director Page 11 of 38

12 1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification is agreed to by the parties as a part of their written agreement to modify the scope of the contract and are subject to the requirements of the Virginia Public Procurement Act. 2. RBHA may order the changes within the general scope of the contract at any time by written notice to the provider. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the program setting, and staffing. The provider will comply with the notice upon receipt. RBHA will compensate the provider for any additional costs incurred as the result of such order and will give RBHA a credit for any savings. Said compensation is determined by one of the following methods at the discretion of RBHA: 3. By mutual agreement between the parties in writing; or By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the provider accounts for the number of units of work performed, subject to RBHA s right to audit the provider s records and/or to determine the correct number of units independently; or By ordering the provider to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup is used for determining a decrease in price as the result of savings realized. The provider will present RBHA with all vouchers and records of expenses incurred and savings realized. RBHA will have the right to audit the records of the provider, as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to RBHA within (30) thirty-days from the date of receipt of the written order from RBHA. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance is resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia providers Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract will excuse the provider from promptly complying with the changes ordered by RBHA or with the performance of the contract generally. 11. CLARIFICATION OF TERMS: If any prospective provider has questions about the Scope of Work or other solicitation documents, the prospective provider should contact the contract officer whose name appears on the face of the solicitation, no later than five (5) business days before the acceptance date. Only the contract officer will make any revisions to this solicitation, and issue such revisions by addendum. 12. CONTINUITY OF SERVICES: The provider recognizes that the services under this contract are vital to RBHA and must continue without interruption and that, upon contract expiration, a successor, either RBHA or another provider, may continue them. The provider agrees: i. to exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor; REACH Medical Director Page 12 of 38

13 ii. to make all RBHA owned facilities, equipment, and data available to any successor at an appropriate time prior to the expiration of the contract to facilitate transition to successor; and, iii. RBHA s Purchasing Department will have final authority to resolve disputes related to the transition of the contract from the provider to its successor. The provider will, upon written notice from the Purchasing Department, furnish phasein/phase-out services for up to ninety (90) days after this contract expires and will negotiate in good faith a plan with the successor to execute the phase-in/phase-out services. This plan is subject to the Purchasing Department s approval. RBHA will reimburse the provider for all reasonable, pre-approved phase-in/phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. The contract Officer will approve all phase-in/phaseout work fees in writing prior to commencement of said work). 13. DEBARMENT STATUS: Offerors certify that they are not currently debarred, suspended or otherwise excluded parties from submitting proposals on contracts by any agency of the Commonwealth of Virginia, nor are they an agent of any person or entity that is currently debarred from submitting proposals on contracts by an agency of the Commonwealth of Virginia. Each Offeror are screened at the time of RFP response to ensure that the Offeror, its principle and their named subcontractors are not debarred, suspended or otherwise excluded by any Federal Agency of the United States Government. 14. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, RBHA, after due oral or written notice, may procure them from other sources and hold the provider responsible for any resulting additional purchase and administrative costs. This remedy is in addition to any other remedies that RBHA may have. 15. DOCUMENTS AND CONFIDENTIALITY: The provider ensures that information and data obtained as to personal or medical facts and circumstances related to clients are collected and held confidential, during and following the term of this agreement, and will not be divulged without the written consent of the individual. The provider will comply with the security and privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The provider will make available for inspection and/or reproduction by RBHA any records in the possession of the provider that relates to the services provided under this agreement. 16. DRUG FREE WORKPLACE: The provider acknowledges and certifies that it understands that the following acts by the provider, its employees, and/or agents performing services on RBHA property are prohibited: 1. The unlawful manufacture, sale, distribution, dispensing, possession or use of a controlled substance, alcohol or other drugs; and 2. Any impairment or incapacitation from the use of a controlled substance, alcohol or other drugs (except the use of drugs for legitimate medical purposes). REACH Medical Director Page 13 of 38

14 3. The provider further acknowledges and certifies that it understands that a violation of these prohibitions constitutes a breach of contract and may result in default action being taken by RBHA in addition to any criminal penalties that may result from such conduct. 17. ETHICS IN PUBLIC CONTRACTING: Offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other provider, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. 18. FISCAL: The provider will have an independent audit performed at its expense for the time period of the contract. 1. Perform the audit in accordance with the Single Audit Act of 1984, and the provision of OMB Circular A-f128, audits of state and local governments. The audits must also comply in all respects with the generally accepted auditing standards of the American Institute of Certified Public Accountants, the standards for financial and compliance audits contained in the standards for audit of governmental organizations, programs, activities and functions issued by the U.S. General Accounting Office. The audits should include a management letter. The State requires a plan of corrected action to be sent with the audit. Audits are due to RBHA by October 1 each year and five (5) copies are required. 2. For grant-funded programs, the provider s audit report must state whether funding provided through RBHA was spent in compliance with the Board-approved budget. 3. For purchase of services programs, the provider must submit reasonably detailed financial statements audited by an independent Certified Public Accountant. The audit must be submitted annually, must examine cost on which the unit rate was determined and must verify that the contract money was received from RBHA. 4. As determined by the 4th quarter financial report, RBHA s shares of unexpended funds are returned to RBHA. If the agency is a RBHA contractor the following year, this fund return is accomplished through a payment reduction during the second quarter; if the agency is not a RBHA contractor the following year, the funds are returned to RBHA s General Fund for reappropriation. Financial reports are required after each quarter. 19. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT: The provider will comply with privacy and security requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The provider is expected, if requested by RBHA, to execute a HIPAA Business Associate contract/agreement. 20. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Offerors certify that they do not and will not during the performance of this contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986 (the Act ) or otherwise violate the provisions of the Act. 21. INDEMNIFICATION: The provider will indemnify, defend and hold harmless RBHA, its officers, agents, and employees from and against any and all losses, liabilities, claims, damages REACH Medical Director Page 14 of 38

15 and expenses including court costs and reasonable attorney s fees arising from any material default or breach by the provider of its obligation specified in this contract, as well as all claims arising from errors, omissions, negligent acts or intentional acts of the provider, its officers, agents, and employees. Furthermore the provider will assume the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the provider, its subcontractors, its agents or its employees under or in connection with this contract. The provider will hold harmless and indemnify RBHA and its agents, its volunteers, its servants, its employees, and its officers from and against any and all claims, losses or expenses including but not limited to court costs and attorneys fees, which either or both of them may suffer, pay or incur as the result of claims or suits due to, arising out of or in connection with any and all such damage, real or alleged. The provider will upon written demand by RBHA, assume and defend at the provider s sole expense any and all such claims or legal actions. 22. INSURANCE: The Offeror certifies that, if awarded this contract, it will have the insurance coverage listed below at the time the contract is awarded. Additionally, the Offeror further certifies that the provider or subcontractors will maintain this coverage during the entire term of the contract, and that all insurance coverage s are provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. 1. During the period of the contract, RBHA reserves the right to require the provider to furnish certificates of insurance for the coverage required by RBHA as indicated. 2. The minimum insurance coverage required: Contractual Liability. Broad form contractual Liability insurance will include the indemnification obligation set forth in this contract. Commercial General Liability. Commercial General Liability insurance will insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Consultant s performance under this contract. The minimum limit of liability for this coverage is $1,000,000 combined single limit for any one occurrence. Automobile Liability. The minimum limit of liability for Automobile Liability Insurance is $1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this contract. Workers Compensation. Workers Compensation insurance covering Consultant s statutory obligation under the laws of the Commonwealth of Virginia and Employer s Liability insurance is maintained for all its employees engaged in work under this contract. Minimum limits of liability for Employer s Liability is $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers Compensation coverage, the Consultant s insurance company will waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. Umbrella Coverage. The insurance coverage s and amounts set forth in subsections (1), (2), (3), and (4) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Should an umbrella liability insurance coverage policy be used, such coverage is accompanied by a certificate of REACH Medical Director Page 15 of 38

16 endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverage s required by subsections (1), (2), (3), and (4), and it is further agreed that such statement is made a part of the Certificate of Insurance furnished by the Consultant to RBHA. Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) $1,725,000 per occurrence, $3,000,000 aggregate Professional Liability Insurance Subject to of the Code of Virginia. Specific limits are shown below: Per Medical Incident July 1, 2013 $2,100,000 July 1, 2014 $2,150,000 July 1, 2015 $2,200,000 Limits increase $50,000 each July 1 until the year Professional Liability Insurance Other than Medical Malpractice Minimum Limit $1,000,000 Other insurance as required based upon the nature of the contract. 23. LICENSE: All licenses, permits, and inspection fees required for this project will comply with all laws, ordinances, regulations, and building code requirements applicable to the work contemplated herein. 24. MANDATORY USE OF FORM/TERMS AND CONDITIONS: Modification of or additions to the terms and conditions of the solicitation may cause the rejection of the proposal; however, RBHA reserves the right to decide, on a case by case basis, in its sole discretion, whether or not to reject such a proposal. 25. MULTIPLE PROPOSALS: An Offeror may not submit more than one proposal. RBHA will declare incomplete proposals as non-responsive and will not evaluate them. 26. NONDISCRIMINATION OF VENDORS: An Offeror, or provider will not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the Offeror or Offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body will offer the individual, within a reasonable REACH Medical Director Page 16 of 38

17 period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider. 27. OBLIGATION OF OFFEROR: The Offeror covenants and agrees that he/she has satisfied him/herself, from his/her own investigation of the conditions to be met, that he/she fully understands his/her obligation and that he/she will not make any claim for, or have right to cancellation or relief from the contract because of any misunderstanding or lack of information. 28. OWNERSHIP OF MATERIAL: Ownership of all data, material, and documentation originated and prepared for RBHA pursuant to the RFP belongs exclusively to RBHA and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or propriety information submitted by a provider will not be subject to public disclosure under the Virginia Freedom of Information Act; however, the provider must invoke the protection of this section prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary. 29. PAYMENT: 1. To Prime provider: a. Invoices for services ordered, delivered and accepted are submitted on a monthly basis and are due to RBHA no later than fifteen (15) days after the last day of the month. Payments are made upon thirty (30) days of the receipt of an accurate and complete invoice. All invoices must include RBHA contract number and Vendor s federal identification number. Forward all invoice copies directly to Richmond Behavioral Health Authority, Finance Department-3 rd Floor, 107 S. Fifth Street, Richmond, Virginia or electronically to AccountsPayable@rbha.org. b. Any payment terms requiring payment in less than thirty (30) days are regarded as requiring payment thirty (30) days after invoice or delivery, whichever occurs last. This will not affect offers of discounts for payment in less than thirty (30) days, however. c. The following is deemed the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act. d. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, providers should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable are researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, RBHA will promptly notify the provider, in writing, as to those charges which it considers unreasonable and the basis for the determination. A provider may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, ). 2. To Subcontractors: REACH Medical Director Page 17 of 38

18 a. A provider awarded a contract under this solicitation is hereby obligated: 1) To pay the subcontractor(s) within seven (7) days of the provider s receipt of payment from RBHA for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or 2) To notify RBHA and the subcontractor(s), in writing, of the provider s intention to withhold payment and the reason. b. The provider is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the provider that remain unpaid seven (7) days following receipt of payment from RBHA, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier provider performing under the primary contract. A provider s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of RBHA. 30. PERSONNEL: The provider can change personnel designated in the management summary for key positions after receiving permission from RBHA. RBHA will only approve such change when, in its opinion, the substitute personnel have equal or greater qualifications and experience than those they replace. 31. POST AWARD: Following the selection and signing of a contract, the RBHA Procurement Department will publicly post such notice on the DGS/DPS eva VBO ( for a minimum of 10 days. 32. PRICE CURRENCY: Unless stated otherwise in the solicitation, Offerors will state offer prices in US dollars. 33. PREVAILING LAWS: All services provided by the provider pursuant to this agreement are performed to the satisfaction of RBHA, and in accordance with all applicable federal, state and local law, ordinance, rules and regulations. The provider will not receive payment for work found by RBHA to be unsatisfactory, or performed in violation of federal, state or local laws, ordinances, rules or regulations. 34. QUALIFICATIONS OF OFFERORS: RBHA may make such reasonable investigations as deemed proper and necessary to determine the ability of the provider to perform the work and the provider will furnish to RBHA all such information and data for this purpose as may be requested. RBHA reserves the right to inspect the provider s physical plant prior to award to satisfy questions regarding the provider s capabilities. RBHA further reserves the right to reject any proposal if the evidence submitted by or investigations of such provider fails to satisfy RBHA that such provider is properly qualified to carry out the obligations of the contract and to complete the work contemplated herein. 35. RECORDS: Records on all clients served under this contract are the property of RBHA and will revert to RBHA on the last day of the contract period. RBHA may assign such records to the provider if a contract is re-awarded or renewed, or RBHA may transfer copies of the client record totally or in part to subsequent providers for continuity of service. 1. The provider agrees to retain fiscal and program records for three (3) years or until audited in accordance with Commonwealth of Virginia requirements, whichever is later. REACH Medical Director Page 18 of 38

19 2. The provider will maintain individual client records and service information in an accurate manner and provide all RBHA reporting requirements in a timely manner. 36. REJECTION OF PROPOSAL: RBHA reserves the right to reject any and all bids, at any time, whenever such is in the best interest. The RBHA may reject a firm s bid for one or more, but not limited to, the following reasons: 1. Failure of the firm(s) to submit a proposal within the time frames specified; 2. Failure of the firms(s) to provide the required information; 3. Failure of the firm(s) to respond to the request for clarification, presentation, or demonstration; 4. Failure of the firm to follow the prescribed RFP preparation, submission, and response format instructions; 5. Unbalanced proposals; that is, proposals in which the prices quoted for some work is out of proportion to those quoted for other work; 6. Lack of responsibilities on the part of the Offeror; or 7. Submission of a proposal that does not meet the RBHA s requirements as outlined herein. 37. RETURN OF PROPOSAL: RBHA advises that all proposals submitted under this RFP will become the property of RBHA and will not be returned. However, if any portion of the proposal is marked "proprietary and is highlighted, this portion can be returned after award of contract if requested, at the provider s expense. Budgets and price quotations are considered public information in proposals submitted to RBHA. Classifying budgets and price quotations as "proprietary" or "confidential" may render the proposal non-responsive. If your company classifies aspects of the proposal that are not trade secrets or proprietary as proprietary, may render the proposal non-responsive. 38. SEVERABILITY: If any provision of the Scope of Work, General Terms and Conditions or Special Terms and Conditions be held invalid, such holding will not affect the remaining provisions. 39. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, subsection B, an Offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its proposal or proposal the identification number issued to it by the State Corporation Commission (SCC). Any Offeror not requiring authorization to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its proposal or proposal a statement describing why the Offeror does not require said authorization. Indicate the above information on the SCC Form provided. provider agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and RBHA s use and acceptance of such form, or its acceptance of provider s statement describing why the Offeror does not legally require authorization to transact business in the Commonwealth, is not conclusive of the issue and the provider will not relied upon this as demonstrating compliance. 40. SUBCONTRACTS: No portion of the work is subcontracted without prior written consent of RBHA. In the event that the provider desires to subcontract some part of the work specified herein, the provider will furnish the contracting authority the names, qualifications and REACH Medical Director Page 19 of 38