Arkansas Health Insurance Marketplace 1501 North University Avenue, Suite 970 Little Rock, AR 72207-5186 RFP Number: 01-2014 Service: Outside Legal Counsel Date: REQUEST FOR PROPOSAL Buyer: Amanda Spicer Proposal Opening Date: Proposal Opening Time: SUBMISSIONS WILL BE ACCEPTED UNTIL THE TIME AND DATE SPECIFIED ABOVE. THE SUBMISSION ENVELOPE MUST BE SEALED AND SHOULD BE PROPERLY MARKED WITH THE SUBMISSION NUMBER, DATE AND HOUR OF SUBMISSIONS OPENING AND VENDOR'S RETURN ADDRESS. IT IS NOT NECESSARY TO RETURN "NO BIDS" TO THE ARKANSAS HEALTH INSURANCE MARKETPLACE. Vendors are responsible for delivery of their proposal documents to the Arkansas Health Insurance Marketplace prior to the scheduled time for opening of the particular proposal. When appropriate, vendors should consult with delivery providers to determine whether the submission will be delivered to the Arkansas Health Insurance Marketplace office street address prior to the scheduled time for submission opening. Delivery providers, USPS, UPS, FedEx, and DHL deliver mail to our street address, 1501 North University Avenue, Suite 970, Little Rock, AR 72207, on a schedule determined by each individual provider. MAILING ADDRESS: Arkansas Health Insurance Marketplace 1501 North University Avenue, Suite 970 Little Rock, AR 72207 SUBMISSION OPENING LOCATION: Arkansas Health Insurance Marketplace 1501 North University Avenue, Suite 970 Little Rock, AR 72207 Company Name: Authorized officer or agent to bind agreement (type or print): Title: Address: Telephone Number: Fax Number: E-Mail Address: Signature: USE INK ONLY, UNSIGNED SUBMISSIONS WILL NOT BE CONSIDERED Tax Identification #: Federal Employer ID Number Social Security Number 1
FAILURE TO PROVIDE TAXPAYER IDENTIFICATION NUMBER MAY RESULT IN SUBMISSION REJECTION Business Designation Individual Sole Proprietorship Public Service Corp (check one): * * * Partnership Corporation Government/ Nonprofit * * * GENERAL DESCRIPTION: TYPE OF CONTRACT: BUYER: Outside legal services on certain transactions where the need for legal advice is required. Term Amanda Spicer INVOICE TO: Arkansas Health Insurance Marketplace Attn: Director of Finance, Amanda Spicer 1501 North University Avenue, Suite 970 Little Rock, AR 72207 ARKANSAS HEALTH INSURANCE MARKETPLACE The Arkansas Health Insurance Marketplace is a nonprofit legal entity that is a political subdivision, instrumentality, and body politic of the State of Arkansas created by Act 1500 of 2013, Ark. Code 23-61- 801 et seq. The Marketplace is exempt from the laws governing state agencies, including without limitation the Arkansas Procurement Law, Ark. Code 19-11-201 et seq.; the Uniform Classification and Compensation Act, Ark. Code 21-5-201 et seq.; and the Arkansas Administrative Procedure Act, Ark. Code 25-15-201 et seq. The Marketplace is subject to the Freedom of Information Act of 1967, Ark. Code 25-19-101 et seq. The General Assembly has delegated to the Board of Directors of the Arkansas Health Insurance Marketplace the authority to plan and administer the Marketplace; enter into contracts with eligible entities to assist with the planning, implementation, and operation of the Marketplace; hire an executive director and interim staff; enter into information sharing agreements with federal and state agencies and other state marketplaces to carry out its responsibilities; provide claims and other plan and enrollment data to the Department of Human Services and the Insurance Commissioner when requested; apply for state, federal, or private funding on or after July 1, 2015; coordinate with the Insurance Commissioner to apply for state, federal, or private funds before July 1, 2015; enter into a memorandum of understanding with the Insurance Commissioner concerning the use of state, federal, or private funds received by the Insurance Commissioner that may be used by the Marketplace; and perform any duties identified under state or federal law, including without limitation the obligations stated in Ark. Code 23-61-803 through 23-61-806. The Marketplace staff acts as the administrator and operating entity of the Board. The staff may act as spokesperson for the Marketplace, receive correspondence and correspond on behalf of the Marketplace, provide legal and other research to the Marketplace, investigate allegations of violations of laws under the Marketplace's jurisdiction, and perform such other functions as the Board deems appropriate. Unless otherwise provided by these rules or by state or federal law, these rules of practice and procedure shall govern all proceedings before the Board and shall be applicable to the adoption, amendment, or repeal 2
of a policy, procedure, or rule of the Marketplace filed or initiated after the effective date of these rules. The adoption, amendment, or repeal of a policy, procedure, or rule shall comply with Ark. Code 23-61- 803. ARKANSAS HEALTH INSURANCE MARKETPLACE MAJOR PROCUREMENT RULES Vendors are subject to all requirements of the Arkansas Health Insurance Marketplace Procurement Rules (Appendix A), whether such requirements are specifically set forth in this RFP or not. ALTERATION OF ORIGINAL RFP DOCUMENTS The original written or electronic language of the RFP shall not be changed or altered except by approved written addendum issued by the Arkansas Health Insurance Marketplace. This does not eliminate a Vendor from taking exception(s) to these documents, but does clarify that the Vendor cannot change the original document's written or electronic language. If the Vendor wishes to make exception(s) to any of the original language, it must be submitted by the Vendor in separate written or electronic language in a manner that clearly explains the exception(s). If Vendor's/Contractor's submittal is discovered to contain alterations/changes to the original written or electronic documents, the Vendor's response may be declared as "non-responsive" and the response shall not be considered. REQUIREMENT OF AMENDMENT THIS RFP MAY BE MODIFIED ONLY BY AMENDMENTS WRITTEN AND AUTHORIZED BY THE ARKANSAS HEALTH INSURANCE MARKETPLACE. Vendors are cautioned to ensure that they have received or obtained and responded to any and all amendments to the RFP prior to submission. DELIVERY OF RESPONSE DOCUMENTS In accordance with the Arkansas Health Insurance Marketplace Major Procurement Rules, it is the responsibility of vendors to deliver submissions at the place and on or before the date and time set in the RFP solicitation documents. Submissions received at the Arkansas Health Insurance Marketplace office after the date and time designated for the RFP opening are considered late submissions and shall not be considered. Documents that are to be returned may be opened to verify which RFP the submission is for. 3
Contents I. Introduction... 6 A. Overview... 6 B. Key Dates... 6 C. Submission of Proposals... 6 D. Additional Information... 7 E. Property of AHIM... 7 F. Fee Determination... 7 II. Proposal Format... 7 A. Transmittal Letter... 7 B. Proposal... 7 1. Counsel Team and Personnel... 7 2. Arkansas Presence... 8 3. Potential Conflicts... 8 4. Rationale for Appointment and Proposal Summary... 8 5. Malpractice Insurance... 8 III. Response Format and Organization... 8 A. Number of Responses... 8 B. Number of Copies... 8 C. Proposal Format... 8 D. Proposal Organization and Ordering... 9 E. Letter of Transmittal... 9 F. Table of Contents... 10 G. Proposal Summary... 10 H. Response to Mandatory Specifications... 10 I. Suspension and Debarment Statement... 10 IV. Specifications & Evaluations... 10 A. Mandatory Specifications... 10 B. Desirable Specifications and Evaluation Factors... 10 1. Accessibility & Flexibility (20 points)... 10 2. Commercial Insurance Experience (20 points)... 11 3. ACA Experience (30 points)... 11 4. Cost (20 points)... 11 5. Arkansas License (10 points)... 11 C. Evaluation Process... 11 4
V. Scope of Work... 12 A. Legal Services... 12 APPENDIX A... 13 APPENDIX B... 14 5
I. Introduction A. Overview The purpose of this Request for Proposals (RFP) is to procure an Offeror or Offerors (hereafter referred to simply as Offeror ) to provide legal services to the Arkansas Health Insurance Marketplace ( AHIM ). The selected Offeror will be responsible for interpretation of federal and state statutes and appropriate representation in administrative and judicial proceedings regarding the AHIM program and its operations. Legal representation may include advice and counsel on Arkansas Insurance Department, federal and state Medicaid statutes and regulations, assistance and advocacy in AHIM dealings with the Centers for Medicare & Medicaid Services ( CMS ), Center for Consumer Information and Insurance Oversight (CCIIO) and other federal agencies, contract review and negotiations, and legal guidance on implementation of federal health care reform commonly known as the Affordable Care Act (ACA). This includes representing the AHIM s interest in federal and state lawsuits, federal audits and evaluations, and any legal matters regarding the AHIM Program. Qualified bidders must have extensive experience in Health Insurance, Managed Care and ACA. A license to practice law in Arkansas is required. Legal malpractice insurance is required and must be demonstrated through written documentation. AHIM reserves the right to cancel this RFP, to reject any and all proposals, and/or to negotiate with the selected provider prior to entering into any written agreement. An accepted proposal becomes the basis for a written agreement, but is subject to negotiation prior to being finalized. You are invited to review and respond to this Request for Proposals (RFP), which is being issued by the AHIM pursuant to Arkansas Code Annotated 23-61-801 et seq., and 4.4 of the AHIM s Procurement Rules, as adopted on June 25, 2014. To submit a Proposal to provide the requested services, firms submitting proposals ( Offerors ) must comply with the instructions contained in this document. By submitting a Proposal, the Offeror agrees to the terms and conditions stated in this RFP, as well as any other terms or conditions mutually agreed upon. Read this document carefully. The proposal due date is September?, 2014 by 4:00 p.m. Responses to this RFP must be submitted to the AHIM contact noted below. B. Key Dates Offerors are advised of the key dates and times shown below. All times noted are Central Standard Time (CST). KEY ACTION DATES RELEASE RFP DATE PROPOSALS DUE DATE NOTICE OF INTENT TO AWARD DATE ESTIMATED TERM DATES C. Submission of Proposals Written proposals responding to this Request for Proposal (RFP) should submit all communication to the following: Amanda Spicer Arkansas Health Insurance Marketplace 6
E-mail address: Amanda.Spicer.ahim@gmail.com 1501 North University Ave., Suite 970 Little Rock, AR 72207 To be considered, one (1) original and four (4) copies of the proposal should be delivered to AHIM not later than, by p.m. CST. All proposals shall be time and date stamped upon receipt. Late proposals will not be accepted. AHIM reserves the right to reject any or all proposals. D. Additional Information It is the responsibility of the proposer to inquire about and clarify any aspect of the RFP. All questions should be in writing and directed to Ms. Amanda Spicer (Amanda.spicer.ahim@gmail.com). Substantive questions and answers will be documented and will be posted by the Arkansas Health Insurance Marketplace website at the following address: http://www.arhim.arkansas.gov. E. Property of AHIM Any information or material submitted as a response to this RFP shall become the property of AHIM and will not be returned. All submitted materials will be available for public review. F. Fee Determination Selection of counsel will not be based on a competitive bid, but will be considered. Interested parties should include an appropriate fee schedule on Attachment B AHIM will attempt to negotiate with the selected firm(s) to establish a fair and reasonable fee. If an agreement cannot be reached with the selected firms(s), negotiations may be attempted with other firms that responded to the initial RFP. If negotiations are not successful with the firms, AHIM reserves the right to solicit responses to another RFP for Outside Legal Counsel Services. II. Proposal Format A. Transmittal Letter A brief transmittal letter prepared on the proposer s business stationary should accompany the original and required copies of the proposal. B. Proposal The proposal should be labeled, Proposal to Serve as Outside Legal Counsel. The proposal must contain sufficient information to enable the AHIM Evaluation Team to evaluate the proposal. It should be prepared in a clear and concise manner and should address all appropriate subsections. 1. Counsel Team and Personnel Describe the manner in which you would organize your firm s resources to serve as counsel for the proposed legal services. In doing so, please address the following services and resources: a. Personnel b. Technology 7
c. Other Resources 2. Arkansas Presence Please explain your firm s presence within Arkansas and describe how that presence is relevant to the proposed engagement. 3. Potential Conflicts List any relationship that might lead to a potential conflict in performing any services for AHIM. Please list specifically any conflicts resulting from materials adverse matters, as distinguished from the conduct of business as usual. Indicate what steps would be taken to eliminate any such conflict. 4. Rationale for Appointment and Proposal Summary This section of the proposal should be used by each proposer to present the case for its appointment to the position sought. 5. Malpractice Insurance Acknowledgement that if selected as Outside Legal Counsel, your firm will provide AHIM proof of malpractice insurance. III. Response Format and Organization This section describes the format and organization of the Offeror s response. Failure to conform to these specifications may result in the disqualification of the proposal. A. Number of Responses Offerors may submit only one (1) proposal. B. Number of Copies Offerors shall provide one (1) original and four (4) identical copies of their proposal to the location specified in Section I, on or before the closing date and time for receipt of proposals. The Offeror shall not distribute the proposal to any entity not specified in this RFP. C. Proposal Format Proposals must be received by the AHIM by certified mail receipt or any other service where receipt can be tracked, and shall contain all Attachments and Exhibits in a sealed envelope. The sealed envelope must be plainly marked with: (1) the RFP number and title; and (2) the Offering firm s name and address. The following is an acceptable example of the labeling address: AHIM Outside Legal Counsel RFP-01-2014 Date and Hour of Submission Opening 8
Attention: Amanda Spicer Arkansas Health Insurance Marketplace 1501 North University Ave., Suite 970 Little Rock, AR 72207 Name and Address of Firm All proposals must be typewritten on standard 8 ½ x 11 paper (larger paper is permissible for charts, spreadsheets, etc.) and placed within a binder with tabs delineating each section. The pages should generally have one-inch margin and font size shall be no smaller than Times New Roman 12. D. Proposal Organization and Ordering The proposal must be organized and indexed to the following format and must contain, at a minimum. All listed items in the sequence indicated: 1. Signed Letter of Transmittal 2. Table of Contents 3. Proposal Summary 4. Response to Mandatory Specifications 5. Suspension and Debarment Statement 6. Response to AHIM Terms and Conditions 7. Completed Cost Response Form (Appendix B) Within each section of their proposal, Offerors should address the items in the order in which they appear in this RFP. All forms provided in the RFP must be thoroughly completed and included in the appropriate section of the proposal. Any proposal that does not adhere to these requirements may be deemed nonresponsive and rejected on that basis. The proposal summary may be included by Offerors to provide the AHIM Evaluation Committee with an overview of the technical and business features of the proposal; however, this material will not be used in the evaluation process unless specifically referenced from other portions of the Offeror s proposal. E. Letter of Transmittal Each proposal must be accompanied by a letter of transmittal. The letter of transmittal MUST: Identify the submitting organization. Identify the name, title, telephone and fax numbers, and e-mail address of the person authorized by the organization to contractually obligate the organization. Identify the name, title, telephone and fax numbers, and e-mail address of the person authorized to negotiate the contract on behalf of the organization. Identify the names, titles, telephone and fax numbers, and e-mail addresses of persons to be contacted for clarification. Explicitly indicate acceptance of the Conditions Governing the Procurement stated in Section IV of this RFP. Be signed by the person authorized to contractually obligate the organization. Acknowledge receipt of any and all amendments to this RFP. 9
F. Table of Contents The table of contents must contain a list of all sections of the proposal and the corresponding page numbers. G. Proposal Summary The proposal summary must be two (2) pages or less. It shall provide the Evaluation Committee with an overview of the technical and business features of the proposal. This material will not be used in the evaluation process but may be used in public notifications regarding the successful Offeror s selection. H. Response to Mandatory Specifications The Mandatory Specifications may be found in Section IV of the RFP. This section contains information required in the submission of proposals. Offerors must respond in the form of a thorough narrative to each numbered requirement in the order in which they appear in this section. The Offeror must identify, in full, the question being answered and its response to that question. I. Suspension and Debarment Statement The Offeror must agree to certify compliance with federal regulations relating to suspension and debarment. IV. Specifications & Evaluations Unless otherwise specified, Offerors must respond in the form of a thorough narrative to each specification. Narratives should include details as to how Offeror proposes to accomplish each item. A. Mandatory Specifications Failure to respond to a mandatory specification will result in the disqualification of the proposal as nonresponsive. Five (5) years minimum experience in Health Insurance law. ACA resources and experience. Five (5) years minimum experience in federal and state litigation or regulatory practice. Legal malpractice insurance. Admitted to the Arkansas Bar or associated with an Arkansas Attorney. Cost Response Form (Appendix B). B. Desirable Specifications and Evaluation Factors The following is a summary of evaluation factors with point value assigned to each. These, along with the general requirements, will be used in the evaluation of Offeror proposals. 1. Accessibility & Flexibility (20 points) 10
The AHIM desires an Offeror with the ability to provide services on short notice. Please provide a narrative plan to describe how this desirable will be meet. Offerors are encouraged to submit a backup plan in case Offeror cannot be reached. 2. Commercial Insurance Experience (20 points) Provide a narrative on the extent, quality and nature of the Offeror s experience in commercial insurance beyond the five (5) year mandatory minimum. Offerors are encouraged to provide copies of resumes or curriculum vitae of any attorneys who will be providing services under this RFP. 3. ACA Experience (30 points) Provide a narrative on the extent, quality and nature of the Offeror s ACA experience, knowledge and resources. 4. Cost (20 points) Offerors must submit a Cost Response Form setting forth the hourly rate for each partner, associate and support staff that is anticipated to perform work under the contract. Offerors must include an estimated percentage of the amount of the work that will be performed by each position. The total of the estimated percentages must equal 100%. The Cost Response Form must also fully disclose all standard charges for costs and fees to include any minimal charges or rounding of billable time. Offerors should submit a description of all anticipated charges for provision of legal services (i.e. long distance calls, copying fees, service of process). Offerors should also provide an estimate of initial costs incurred to enter into the pending litigation on behalf of the AHIM. 5. Arkansas License (10 points) Please provide evidence of licensure by Arkansas Bar, if applicable. C. Evaluation Process The evaluation process will follow the steps listed below: 1. All Offeror proposals will be reviewed for compliance with the mandatory requirements stated within the RFP. Proposals deemed non-responsive will be eliminated from further consideration. 2. Responsive proposals will be evaluated on the factors in Section IV that have been assigned a point value. The responsible Offerors with the highest scores will be selected as finalist Offerors based upon the proposals submitted. Finalist Offerors who are asked or choose to submit revised proposals for the purpose of obtaining best and final offers will have their points recalculated accordingly. The responsible Offeror whose proposal is most advantageous to the AHIM, taking into consideration the evaluation factors in Section IV, will be recommended for contract award. Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejection regardless of overall score. 11
V. Scope of Work A. Legal Services The purpose of this solicitation is to select a law firm to provide the Marketplace with a broad set of legal services to help establish sound practices necessary to support its mission. The Marketplace requires a law firm with proven expertise, extensive experience and the depth of staff to provide sound advice on any number of legal issues that arise. The firm engaged will also be expected to provide legal services on any issue deemed necessary by the Marketplace s Board or Executive staff. The firm engaged will be provide legal services as are necessary to interpret, predict and comply with regulations and guidance from the federal government in relation to the implementation of the federal Affordable Care Act, and to implement any of the policies adopted by the Marketplace Board that would require legislation, rules, interim policies, or health or dental insurance carrier agreements, among other things. Legal representation may include advice and counsel on Arkansas Insurance Department, federal and state Medicaid statutes and regulations, assistance and advocacy in AHIM dealings with the Centers for Medicare & Medicaid Services ( CMS ), Center for Consumer Information and Insurance Oversight (CCIIO) and other federal agencies, contract review and negotiations, and legal guidance on implementation of the ACA. This includes representing the AHIM s interest in federal and state lawsuits, federal audits and evaluations, and any legal matters regarding the AHIM Program. Qualified bidders must have extensive experience in Health Insurance, Managed Care and ACA. A license to practice law in Arkansas is required. Legal malpractice insurance is required and must be demonstrated through written documentation. Additionally, the selected firm will be responsible for interpretation of federal and state statutes and appropriate representation in administrative and judicial proceedings regarding the AHIM program and its operations. The firm engaged will be paid upon the submission and approval of monthly billing invoices. The firm engaged will serve at the direction of the AHIM Board and its Executive Director. 12
APPENDIX A AHIM Procurement Rules www.arhim.arkansas.gov 13
APPENDIX B Cost Response Form (Submit one form for each position that will perform work under the contract) The Offeror listed below submits the following form, fixed hourly rate to be charged for all work done. Position Hourly Rate Estimated percentage of work under the contract that this position will perform Offeror Name: Fully describe all costs and fees to include minimal charges for services (i.e., billing is rounded to nearest quarter hour.) 14