Bid Event id number: evt0001028 KanCare Medicaid and chip capitated Managed Care Services Preface: High Priority Events and Items
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HCBS Waivers - Medicaid waivers are federally approved requests to waive certain specified Medicaid rules. For instance, federal Medicaid rules generally allow states to draw down federal Medicaid funds for services provided in institutions for persons with severe disabilities. Many of the community supports and services provided to persons with disabilities such as respite care, attendant care services, and assistive services, are not covered by the regular federal Medicaid program. HCBS waivers give the State Federal approval to draw down Federal Medicaid matching funds for community supports and services provided to persons who are eligible for institutional placement, but who waive that opportunity and instead choose to receive services that allow them to continue to live in the community. CMS requires that the cost of services paid through HCBS waivers be, on the average, less than or equal to the cost of serving people in comparable institutions. Additional details regarding each waiver, together with a summary chart with overview information go to http://www.srs.ks.gov/agency/css/Pages/CSSServices.aspx. 1.3.3.2 Mental Retardation or Developmental Disability (MR/DD) Waiver - The MR/DD waiver serves individuals with significant developmental disabilities. 1.3.3.2.1 To be eligible for HCBS-MR/DD (Mental Retardation/Developmental Disabilities) waiver services, individuals must; 1.3.3.2.1.1 Be at least 5 years of age or older, 1.3.3.2.1.2 Be determined to have either mental retardation or a qualifying developmental disability consistent with K.S.A. 39-1803(f) and (g): “(f) “Developmental disability” means: Mental retardation; or A severe, chronic disability, which: Is attributable to a mental or physical impairment, a combination of mental and physical Impairments or a condition which has received a dual diagnosis of mental retardation and mental illness; Is manifest before 22 years of age; Is likely to continue indefinitely; Results, in the case of a person five years of age or older, in a substantial limitation in three or more of the following areas of major life functioning: Self-care, receptive and expressive language development and use, learning and adapting, mobility, self-direction, capacity for independent living and economic self-sufficiency; Reflects a need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are lifelong, or extended in duration and are individually planned and coordinated; and Does not include individuals who are solely and severely emotionally disturbed or seriously or persistently mentally ill or have disabilities solely as a result of the infirmities of aging. (g) “Mental retardation” means substantial limitations in present functioning that is manifested during the period from birth to age 18 years and is characterized by significantly sub-average intellectual functioning exiting concurrently with deficits in adaptive behavior including related limitations in two or more of the following applicable adaptive skill areas; Communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure and work.” 1.3.3.2.1.3 Achieve a converted score of 35 or greater on the Developmental Disabilities Profile (DDP). The DDP is an assessment instrument designed to provide information concerning an individual’s functional abilities in three areas: adaptive functioning, maladaptive behaviors and health. 1.3.3.2.1.4 Additionally, for children 5 through 10, a DDP children’s Supplement must also be completed and a minimum score of 21 is required on the assessment for the child to be eligible for the HCBS-MR/DD waiver. 1.3.3.2.2 As of 8/5/2011 the MR/DD waiver was serving 8065 (unduplicated) individuals. 1.3.3.2.3 In FY 2011 there were 316 individuals who left waiver services. These positions were filled by individuals in crisis situations. SRS maintains one statewide waiting list for HCBS-MR.DD services. A person’s position on the waiting list is determined by the request date for the service(s) for which the person is waiting. Each fiscal year, if funding is made available, people on the statewide waiting list are served, beginning with the oldest request dates at the top of the list. As of August 4, 2011, we have 2478 persons on the MR/DD waiting list who currently do not receive any HCBS services and who have a request date of 7/31/2011 or earlier. An additional $6.6 million all funds ($2,827,606 million SGF) was allocated to the MR/DD for FY 2012 and SRS is in the process of working with the Community Developmental Disability Organizations to offer services to individuals on the waiting list. At this time, DBHS projects that approximately 285 individuals from the waiting list will be served with this funding. The exact number taken off of the waiting list will be determined by the projected annualized cost to serve each person that is offered and accepts services.
1.3.3.3.1 In FY 2011 an average of 6,439 individuals were served monthly with $136,089,230 in annual expenditures. 1.3.3.3.2 There are currently 2970 consumers on the waiting list for PD Waiver Services (June 30, 2011). 1.3.3.3.3 Specific services available through the waiver include: 1.3.3.3.3.1 Personal Services: Services that provide one or more persons assisting an individual with a disability with tasks which that individual would typically do for themselves in the absence of his/her disability. Such services may include assisting the individual in accomplishing the Activities of Daily Living (ADLs) or Instrumental Activities of Daily Living (IADLs). ADLs include bathing, grooming, toileting, transferring, feeding, and mobility. IADLs include shopping, housecleaning, meal preparation, laundry, and financial management; 1.3.3.3.3.2 Personal Emergency Response System (PERS) and Installation: PERS are electronic devices which enable certain individuals at high risk of institutionalization to secure help in an emergency; 1.3.3.3.3.3 Sleep Cycle Support: Provides non-nursing physical assistance and/or supervision during the individual’s normal sleeping hours in the individual’s place of residence; 1.3.3.3.3.4 Assistive Services: Home modifications and/or durable medical equipment not covered by Title XIX Medicaid. 1.3.3.3.3.5 The PD waiver waiting list during FY 2011 is on a one-for-one rolling basis. As one consumer leaves the PD waiver, the next person in chronological order is offered PD waiver services after the number of Crisis Exception approvals are considered. In addition to Crisis Exception approvals, the following consumers may enter PD waiver services: 1.3.3.3.3.5.1 Transfers from other HCBS waivers; 1.3.3.3.3.5.2 Federal, Money Follows the Person Grant (MFP) approvals; 1.3.3.3.3.5.3 State Policy MFP approvals; and 1.3.3.3.3.5.4 Reinstatements within 30 days of closure. 1.3.3.4 Traumatic Brain Injury (TBI) Waiver The TBI Waiver is designed to serve individuals age 16 to 65 who would otherwise require institutionalization in a TBI Rehabilitation Facility. TBI Waiver services are provided at a significant cost savings over institutional care and provide an opportunity for each person to live and work in their home communities. Each of these individuals is provided an opportunity to rebuild their lives through the provision of a combination of supports, therapies and services designed to build independence. 1.3.3.4.1 TBI Numbers
In Fiscal Year (FY) 2011, 583 (unduplicated) individuals were served through the TBI waiver. 1.3.3.4.1.2 In FY 2011 an average of 352 individuals were served monthly with $13,325,874 in annual expenditures. 1.3.3.4.1.3 The average annual cost to serve 92 (unduplicated) individuals in TBI Rehabilitation Facilities was $97,316. 1.3.3.4.1.4 There is currently no waiting list for the TBI Waiver. 1.3.3.4.2 A significant difference with the TBI Waiver is that it is not considered a LTC program. It is considered a rehabilitation program where consumers are expected to rely less on paid supports as they progress to greater levels of independence. The rehabilitative progress of people receiving TBI Waiver services is reviewed on an ongoing basis. An Administrative Review process is conducted for individuals who reach four years of receiving services, at which time if it is determined that progress in rehabilitation is not seen, the individual is transitioned to another program, if necessary. The current average length of stay (ALOS) in this program is 1.87 years. Services provided through the TBI Waiver include: 1.3.3.4.2.1 Rehabilitation therapies, including Physical Therapy, Occupational Therapy, Speech Therapy, Cognitive Rehabilitation, and Behavior Therapy 1.3.3.4.2.2 Transitional Living Skills training, i.e., services that help the individual re-learn skills necessary to be independent 1.3.3.4.2.3 Attendant care 1.3.3.4.2.4 Assistive Services (environmental modifications and AT) 1.3.3.4.2.5 PERS
Technology Assisted (TA) Waiver The TA HCBS Waiver is designed to serve children ages 0 to 22 years who are medically fragile and technology dependent, requiring intense medical care comparable to the level of care provided in a hospital setting (for example, skilled nursing services). The services provided through this waiver are designed to effectively meet the long-term medical needs of the child in his/her home, thereby decreasing or eliminating the need for long term hospitalization or institutionalized care, and/or frequent hospitalization for acute care reasons. There is no waiting list for this program. The TA waiver served 528 (unduplicated) children in FY2011 at a total annual cost of $27,156,639. 1.3.3.6
Serious Emotional Disturbance (SED) Waiver The HCBS waiver for youth with a SED allows federal Medicaid funding for community based mental health services for youth who are identified as SED and who are at risk of state mental health hospitalization as indicated in the approved waiver application. The SED waiver determines the youth’s Medicaid eligibility based on his/her own income separate from that of the family. Once the youth becomes a Medicaid beneficiary he/she may receive the full range of all Medicaid covered services including the full range of community mental health services. In addition, the youth is eligible for specific services only available to youth on the SED Waiver. The services offered through the SED waiver and other community mental health services and supports are critical in assisting the youth to remain successfully in his/her family home and community. In FY 2011, $49,959,264 was paid through the SED waiver for all community mental health services to serve a total of 5,935 children. 1.3.3.7 Autism Waiver The Autism waiver is the newest HCBS waivers with the first funding approved for FY 2008. The target population for the Autism waiver is children with Autism Spectrum Disorders (ASD), including Autism, Asperger’s Syndrome, and other pervasive developmental disorders- not otherwise specified. The diagnosis must be made by a licensed Medical Doctor or Ph. D Psychologist using an approved Autism specific screening tool. Children are able to enter the program from the age of diagnosis through their fifth year of age. Children receiving services through this waiver would be eligible for placement in an Inpatient Psychiatric Facility for children under 21 years of age if services were not provided through the waiver. A child will be eligible to receive waiver services for a time period of three years. At the end of the three years if the Autism Specialist and the family believe the child has demonstrated continued improvement and would likely continue to improve with an extension, a request for a one time, one year extension can be made. The Autism Waiver has continued to receive funding for 45 positions since FY2009. This is a first-come, first-served waiver and children from the waiting list are offered a position when one becomes available. At this time there are 256 children waiting for services through this waiver. The total expenditure for the waiver in FY 2011 was $726,723, with an average monthly cost per person of $1601. The Autism waiver was renewed by CMS this past year with an effective date of January 1, 2011. The renewal of the waiver is for five years. There was one additional service added to the Autism waiver at the time of renewal and that was Interpersonal Communication Therapy. The other five services, Autism Specialist, Intensive Individual Supports, Respite, Parent Support, and Family Adjustment Counseling have remained without changes. 1.3.3.8 Frail Elderly (FE) Waiver - To be eligible for HCBS - FE waiver services, individuals must: Be 65 years of age or older; Meet the Medicaid LTC threshold, and; Be determined functionally eligible for FE Waiver services according to the FE Uniform Assessment Instrument and threshold guide level of care score (K.A.R. 30-5-305; K.A.R. 30-5-309). 1.3.3.8.1 The individual must be determined eligible for Medicaid and meet the level of care criteria required for nursing facility placement determined by the Medicaid LTC threshold score for FE based on the Uniform Assessment Instrument (UAI). Eligibility is determined at least annually. 1.3.3.8.2 Level of Care score from the UAI must be 26 or greater. This instrument: Measures ADLs such as bathing, dressing, toileting, transferring Measures IADLs such as shopping, housekeeping and laundry tasks Measures risks such as falls, cognitive decline, and lack of informal support 1.3.3.8.3 The Waiver services include Attendant Care Services, AT, Adult Day Care (ADC), Comprehensive Support, Home Telehealth, Medication Reminder, Nursing Evaluation, PERS, Sleep Cycle Support and Wellness Monitoring. Services that can be self-directed are Attendant Care and Comprehensive Support. 1.3.3.8.4 Entry into the waiver is based on a first-come, first-served basis for applicants determined eligible. In the event there is a waiting list, entry is based on the time and date the assessment is completed. This waiver currently has no waiting list. 1.3.3.8.5 PD waiver consumers who are approaching their 65th birthday have a choice of remaining on the HCBS PD waiver or transitioning to the HCBS FE waiver provided they meet established criteria.
1.3.3.9.1 Individuals must qualify for Medicaid; and for one of the following four (4) HCBS waiver programs: FE waiver, PD waiver, MR/DD waiver, or TBI waiver. 1.3.3.9.2 Stakeholder involvement has been critical to the development of the original grant and continues to be central to planning for implementation. The MFP steering committee meets throughout the five (5) year grant to provide feedback & oversight to the project. SRS received the grant from CMS in May 2007 and hired a project director with SRS/Community Supports and Services (CSS). In August KDOA hired Director of Transition in November- liaison to MFP project. MFP steering committee members were appointed by secretary of SRS & Aging. Steering Committee/stakeholders have met monthly. The program started July 1, 2008 and will continue until 2016. 1.3.4 Enrollment and Assignment Criteria 1.3.4.1 Enrollment for the new CONTRACT period will begin prior to November 1, 2012 and continue on an ongoing basis. Medicaid members aged less than 21 and CHIP members aged less than 19 will have a continuous 12-month period of eligibility. Assignment for Medicaid members begins the first day of the month following the end of the required choice period. Assignment for CHIP members shall begin the day eligibility is received by the Medicaid Management Information System (MMIS) and is forwarded to the MCO. Neither Medicaid nor CHIP members are subject to waiting periods or pre-existing condition clauses excluding coverage for conditions as of the effective date of their coverage. Enrollment in the Medicaid and CHIP managed care programs is the responsibility of the State and its enrollment broker. Managed physical and behavioral health care services, as well as dental services for those currently eligible for them, must be available to members beginning November 1, 2012. 1.3.4.2 Members will be allowed an initial 90day period for choosing a plan after being auto-assigned upon execution of the managed care CONTRACTs, but then must remain with that plan until the next annual choice period occurs except as specified in 42 CFR 438.56. Kansas will seek a waiver of the 90-day choice period requirement. 1.3.5 State Agencies and Programs 1.3.5.1 The Kansas Department of Health and Environment – Division of Health Care Finance (KDHE-DHCF) The vision of KDHE is 'healthy Kansans living in safe and sustainable environments'. As part of that vision, The KDHE-DHCF is the state agency responsible for developing and coordinating health policy in the State of Kansas. KDHE-DHCF is the single state Medicaid agency and also administers both the CHIP and the State Employee Health Plan (SEHP). KDHE-DHCF was created on July 1, 2011, pursuant to Executive Reorganization Order No. 38. Prior to this date, Medicaid and CHIP were functions of the Kansas Health Policy Authority. As the single state Medicaid and CHIP agency, KDHE-DHCF is responsible for administration and supervision of these programs. KDHE-DHCF, other state agencies, as well as a number of contractors carry out the required duties of these programs. Responsibility for Medicaid and CHIP eligibility determination in Kansas is divided between KDHE-DHCF and SRS. The overall management of the CONTRACTOR(S) selected for this work will be accomplished by the KDHE-DHCF.
The Kansas Department of Social and Rehabilitation Services (SRS) SRS serves as the umbrella agency for most Social Service programs in Kansas, including Temporary Assistance for Needy Families (TANF) and Child Welfare services. SRS was established in 1973 as an umbrella agency to oversee social services and state institutions. With a mission to protect children and promote adult self-sufficiency, SRS serves over 500,000 Kansans today.
The Kansas Department on Aging (KDOA) KDOA is a cabinet level agency, which promotes the security, dignity and independence of Kansas seniors. KDOA achieves this through licensing, certifying and evaluating adult care homes (ACH) in Kansas. The Department is also responsible for the oversight of community programs and HCBS for the FE waiver. In addition, the Department provides policy decisions and day-to-day management of TCM, NF, and the PACE.
1.3.5.4 Current Kansas Medicaid and Children’s Health Insurance Programs KDHE-DHCF administers FFS and managed care programs including over 20 individual medical assistance programs, serving over 400,000 Kansans annually. Programs include Medicaid, CHIP, MediKan, AIDS Drug Assistance Program (ADAP), HealthyKids, and several state funded programs. Different rules are applicable for the various programs. 1.3.5.4.1 Program and Policy All Medicaid beneficiaries and services except the Sixth Omnibus Budget Reconciliation Act (SOBRA) and retroactive-only services are included in this RFP. A brief summary describing each medical program and their respective general eligibility requirements is found in Exhibit 1. Kansas covers both mandatory and non-mandatory groups. Kansas Medical programs can be divided into six general groups: 1.3.5.4.1.1
1.3.5.4.1.2 Medicaid – Children and Families / Aid to Families with Dependent Children (AFDC) Based Programs: Provides coverage to children, pregnant women, and some parents. Programs include Low Income Families with Children, TransMed, Poverty Level Pregnant Women (PW), and child medical. An income test applies, but resources are not applicable to these groups. 1.3.5.4.1.3 Children’s Health Insurance Program (CHIP): Called HealthWave 21 in Kansas, CHIP provides coverage to children under age 19. Families may be responsible for a monthly premium, depending on income and household size. Benefits are delivered through a capitated managed care plan. 1.3.5.4.2 Specified policies, procedures and other information can be found in the following manuals: The Kansas Family Medical Assistance Manual (Family Medical Programs) at https://khap.kdhe.state.ks.us/kfmam/ The Kansas Economic and Employment Support Manual (Elderly and Disabled Medical Programs) at http://content.srs.ks.gov/EES/KEESM/Keesm.htm. The Children and Family Services Policy and Procedure Manual (Child Welfare Programs) at http://content.srs.ks.gov/CFS/robohelp/PPMGenerate/. 1.3.6 Categories of Eligibility The expectation of the State is that almost all Medicaid and CHIP populations will be covered in the comprehensive, capitated, risk-based managed care CONTRACT. Populations served in Kansas Medical Assistance Programs are detailed in Exhibit 1, Kansas Medical Eligibility. 1.3.6.1 These populations include: 1.3.6.1.1 Adults and children eligible under the Temporary Assistance to Families (TAF) program 1.3.6.1.2 Certain pregnant women and children through the month of their first birthday 1.3.6.1.3 Certain children over the age of one (1) year and through the month of their sixth (6) birthday 1.3.6.1.4 Certain children over the age of six (6) and through the month of their twenty-first (21) birthday 1.3.6.1.5 Children under the age of nineteen years who are not eligible for Medicaid, but are living in families with incomes less than 200 percent of the federal poverty level 1.3.6.1.6 Aged and disabled individuals receiving Supplemental Security Income (SSI) 1.3.6.1.7 Medically needy aged and disabled individuals (spenddown populations) 1.3.6.1.8 People eligible for Medicaid Buy-in (Working Healthy) 1.3.6.1.9 Children in foster care 1.3.6.1.10 Children whose families receive adoption support 1.3.6.1.11 Beneficiaries in the Health Insurance Premium Payment System (HIPPS) 1.3.6.1.12 Beneficiaries in the State’s FFS lock-in program 1.3.6.1.13 Beneficiaries residing in a NF 1.3.6.1.14 Beneficiaries residing in a swing bed NF 1.3.6.1.15 Beneficiaries residing in a private ICF/MR 1.3.6.1.16 Beneficiaries residing in a head injury rehabilitation facility 1.3.6.1.17 Beneficiaries served through one of the HCBS (1915 (c)) waivers 1.3.6.1.18 Children with special health care needs (CSHCN) 1.3.6.1.19 Beneficiaries of Native American descent 1.3.6.1.20 Youth residing in an institution (PRTF, State Hospital alternative, or acute inpatient) for more than 30 days 1.3.6.1.21 Beneficiaries who are eligible for Medicaid while residing in a State Mental Health Hospital. 1.3.6.2 Beneficiaries who are not eligible for managed care include: Undocumented immigrants receiving time-limited coverage of certain emergency medical conditions (SOBRA) Beneficiaries who have an eligibility period that is only retroactive Individuals who are not eligible for Medicaid while residing in a State Hospital or public intermediate care facility/Mental Retardation.
1.4 IMPLEMENTATION Prior to the Contract implementation date of November 1, 2012, the Medicaid and CHIP populations will be auto-assigned and enrolled with MCOs upon execution of the managed care contracts. The State’s fiscal agent will mail a choice packet instructing current and newly eligible members to choose one of the MCO plans for assignment effective November 1, 2012 and after. This packet will contain information about plan coverage and network options. Members will be automatically assigned to CONTRACTORs based on an algorithm applied by the State’s fiscal agent that is designed to achieve parity in numbers and population mix during year one of implementation. Members will be allowed an initial 45 day period for choosing a plan after being auto-assigned, but then must remain with that plan until the next annual choice period occurs except as specified in 42 CFR 438.56. 1.5 GENERAL AND ADMINISTRATIVE INFORMATION A discussion of general and administrative information items follows. 1.5.1 Mandatory Qualifications The CONTRACTOR(S) will coordinate, integrate, and be accountable for all services proposed. This excludes an arrangement between vendors of joint venturing or joint response to this RFP as such arrangements will not be allowed. Generally the CONTRACTOR(S) may only appear in one proposal submitted in response to this RFP. Multiple submissions from a firm that is a CONTRACTOR in a proposal or submission of alternative proposals will be grounds for disqualification of such proposals. At the sole discretion of the State, submitting multiple proposals in different forms may result in the disqualification of all CONTRACTOR(S) knowingly involved. The CONTRACTOR(S) or a proposed subcontractor must be experienced in the business of furnishing Medicaid and CHIP capitated managed care services comparable in size and complexity to that specified herein. CONTRACTOR(S) may be required to furnish information supporting the capability to comply with conditions for bidding and fulfill the CONTRACT if receiving an award of CONTRACT. Such information may include, but shall not be limited to, a list of similar size and type CONTRACTS the CONTRACTOR(S) has completed. 1.5.2 MCS Procurement Schedule The following procurement schedule represents the State's best estimate of the anticipated schedule that will be followed. Unless otherwise specified, the time of day for the following events will be between 8:00 a.m. and 5:00 p.m., Central Time.
Timeline between the RFP Closing Date and the expiration of the old Contracts will be completed and issued with the first addendum to this RFP. 1.5.3 Explanation of MCS Procurement Schedule and Process After studying this RFP document, Vendors considering bidding are encouraged to attend the Pre-Bid Vendor Conference on November 17, 2012, and are encouraged to submit questions to clarify any ambiguity in the RFP. A mandatory Conference/Teleconference will be held for all Interested Parties to discuss the costing for this RFP with the State’s staff and actuaries prior to the deadline for the follow-up round of questions (see Events #2, #3, #4, #5, #6 and #7 above). After vendors submit their proposals, the State Evaluation Committee will conduct an evaluation of all proposals received. Evaluation of proposals is discussed in RFP Section 1.5.19. A revised timeline will be issued detailing the procurement schedule between the RFP closing date and the old contracts expiration. The result of this first round of proposal evaluations is the invitation of selected vendors to appear before the Procurement Negotiating Committee (PNC) and the State Evaluation Committee for negotiations, demonstrations, and/or Discovery Sessions. The exact nature of these demonstrations and/or sessions will be specified in the invitation. Appearance before the PNC is discussed in RFP Section 1.5.20. After the Negotiations, Demonstrations, and Discovery Sessions are completed, selected vendor(s) may be asked to participate in negotiations leading to a Revised Offer. After the State issues the Call for Revised Offers, selected vendors will then submit their Revised Offers for evaluation. After evaluation of the Revised Offers, the State Evaluation Committee will review their evaluations with the PNC. After reviewing the evaluations from the Evaluation Committee, the PNC may seek additional information, conduct additional negotiations, or other activities. The PNC may select a vendor(s) with which to discuss additional and final CONTRACT terms. All CONTRACT terms must be final and vendor commitment to executing such CONTRACT shall be unquestionably demonstrated for the PNC to consider awarding the CONTRACT to the vendor. If the PNC finds the final CONTRACT terms acceptable, then a Notice of Intent to Award may be issued. If the PNC does not find the final CONTRACT terms acceptable, then the PNC may discuss final terms with other vendors. Once a Notice of Intent to Award has been issued, the vendor shall execute the final CONTRACT. Failure to do so in a timely manner may result in the rejection of the vendor, and the CONTRACT being issued to another vendor. After the CONTRACT is executed and approved by CMS, the CONTRACTOR will work with State personnel and the State’s Fiscal Agent to implement Contracts. 1.5.4 Disability Accommodation Request Any attendee of the Pre-Bid Vendor Conference or attendee of any other meeting in the procurement process, with a disability, may request accommodation in order to participate. Requests for accommodation should be made to the Procurement Officer at least five working days in advance of the meeting. 1.5.5 CONTRACTOR’S Subcontractors If a CONTRACTOR(S) chooses to use subcontractors, the State encourages the CONTRACTOR(S) to use Kansas subcontractors, including small and emerging businesses or small entrepreneurships, if practical. If a CONTRACTOR(S) intends to subcontract portions of the products or services, the proposal shall include specific designations of the tasks to be performed or deliverables to be produced by the subcontractor. The subcontractor shall be required to produce firm and staff qualifications to demonstrate their ability to perform the services delegated. The subcontractor qualifications shall be presented in a separate section of the proposal. Copies of any teaming agreements planned to be executed between the CONTRACTOR(S) and subcontractor(s) shall be included in the proposal. The CONTRACTOR(S) is required to certify and warrant all subcontractor work. 1.5.6 CONTRACTOR’S Proposal 1.5.6.1 CONTRACTOR(S)’ activities under this proposal must be consistent with the following State initiatives, which may expand over time. 1.5.6.1.1 Holistic care focused on outcomes; 1.5.6.1.2 Creating a strong, dignified safety net for our most vulnerable Kansans; 1.5.6.1.3 Economically rational; 1.5.6.1.4 Assist people from Medicaid to the workplace; 1.5.6.1.5 Reward personal responsibility for health outcomes; 1.5.6.1.6 Increased prevention; 1.5.6.1.7 Reducing critical incidents; 1.5.6.1.8 Reduce childhood poverty and increase child wellness; 1.5.6.1.9 Strong Fathers, Strong Families; 1.5.6.1.10 Increased successful adoptions; 1.5.6.1.11 Increased collaboration with community- and faith-based organizations; 1.5.6.1.12 Increased accountability in business practices, decreased potential for conflict of interest, and decreased fraud or abuse; 1.5.6.1.13 Increased access to and successful maintenance of competitive employment; 1.5.6.1.14 Obtaining/maintaining competitive employment for Kansans accessing DBHS services. 1.5.7 Cost of Preparing Proposal The cost of developing and submitting the proposal is entirely the responsibility of the VENDOR. This includes costs to determine the nature of the engagement, preparation of the proposal, submitting the proposal, negotiating for the CONTRACT, and other costs associated with this RFP. 1.5.8 Signature of Proposals Each proposal shall give the complete legal name and mailing address of the VENDOR and be signed by an authorized representative by original signature with his or her name and legal title typed below the signature line. If the CONTRACT's contact will be a different entity, indicate that individual's contact information for communication purposes. Each proposal shall include the VENDOR's tax number. 1.5.9 Modification of Proposals A VENDOR may modify a proposal by letter or by FAX transmission at any time prior to the closing date and time for receipt of proposals. 1.5.10 Withdrawal of Proposals A proposal may be withdrawn upon written request from the VENDOR to the Procurement Officer at the Division of Purchases prior to the Proposal Submission Deadline (Closing Date). 1.5.11 Acknowledgment of Amendments (Addenda) VENDORs shall acknowledge receipt of any amendments or addenda to this RFP by returning a signed hard copy of the first page from each amendment or addendum with the proposal. Failure to acknowledge receipt of any amendments or addenda may render the proposal non-responsive and cause elimination from further review. Changes to this RFP shall be issued only by the Division of Purchases in writing. 1.5.12 Waiver of Minor Irregularities The Director of Purchases reserves the right to waive minor irregularities in proposals when the Director of Purchases deems such action is in the best interest of the State and does not hinder the intent of this RFP. Where the Director of Purchases may waive minor irregularities, such waiver shall in no way modify the RFP requirements or excuse the VENDOR from full compliance with the RFP specifications and other CONTRACT requirements if the VENDOR is awarded the CONTRACT. 1.5.13 Acceptance or Rejection The PNC reserves the right to accept or reject any or all proposals or part of a proposal; to waive any informalities or technicalities; to clarify any ambiguities in proposals; to modify any criteria in this RFP; and unless otherwise specified, to accept any item in a proposal. 1.5.14 Proposal Disclosures At the time of closing, only the names of those who submitted proposals shall be made public information. No price information will be released. Interested VENDORs or their representatives may be present at the announcement at the following location: Kansas Division of Purchases 900 Jackson Street, Room 102N Topeka, KS 66612 1286 Bid results will not be given to individuals over the telephone or email. Results may be obtained after CONTRACT finalization by obtaining a bid tabulation from the Division of Purchases by sending (do not include with proposal): A check for $3.00, payable to the State of Kansas; A self-addressed, stamped envelope; and The Bid Event ID Number. Send to: Kansas Division of Purchases Attention: Bid Results/Copies 900 SW Jackson, Room 102N Topeka, KS 66612-1286 Copies of individual proposals may be obtained under the Kansas Open Records Act by sending an email to janet.miller@da.ks.gov or calling 785-296-0002 to request an estimate of the cost to reproduce the documents and remitting that amount with a written request to the above address or a vendor may make an appointment by calling the above number to view the proposal file. Upon receipt of the funds, the documents will be mailed. Information in proposal files shall not be released until a CONTRACT has been executed or all proposals have been rejected. 1.5.15 Disclosure of Proposal Content and Proprietary Information All proposals become the property of the State of Kansas. The Open Records Act (K.S.A. 45-215 et seq) of the State of Kansas requires public information be placed in the public domain at the conclusion of the selection process, and be available for examination by all interested parties (http://da.ks.gov/purch/KSOpenRecAct.doc). No proposals shall be disclosed until after a CONTRACT award has been issued. The State reserves the right to destroy all proposals if the RFP is withdrawn, a CONTRACT award is withdrawn, or in accordance with Kansas law. Late Technical and/or Cost proposals will be retained unopened in the file and not receive consideration or may be returned to the VENDOR. By submitting a proposal, the Vendor hereby grants the State of Kansas, and its departments, agencies, affiliates, agents, employees, and licensees (hereafter collectively referenced as the “State”) a non-exclusive, royalty-free, non-revocable perpetual license to use all systems ideas or adaptations of these ideas and copy for any reason (including but not limited to compliance with the Kansas Open Records Act), CONTRACTOR’s bid, proposal, and any other document(s) submitted to or relevant information requested by the State. CONTRACTOR warrants: 1) That this bid and proposal is an original work and has not been submitted for publication or published in any other medium; 2) That this bid and proposal will not violate any rights of third parties; and 3) That this bid and proposal does not contain any libelous material. This license may not be revoked and is effective on the date of submission of the proposal. Selection or rejection of the proposal will not affect this right. Trade secrets or proprietary information legally recognized as such and protected by law may be requested to be withheld if clearly labeled "Proprietary" on each individual page and provided separately from the main proposal. Pricing information is not considered proprietary and the VENDOR's entire proposal response package will not be considered proprietary. All information requested to be handled as “Proprietary” shall be submitted separately from the main proposal and clearly labeled in a separate envelope. The VENDOR shall provide detailed written documentation justifying why this material should be considered "Proprietary." The Division of Purchases reserves the right to accept, amend, or deny such requests for maintaining information as proprietary in accordance with Kansas law. The State of Kansas does not guarantee protection of any information which is not submitted as required. 1.5.16 Exceptions By submission of a response, the VENDOR acknowledges and accepts all terms and conditions of the RFP unless clearly avowed and wholly documented in a separate section of the Technical Proposal titled “Exceptions” (see RFP Section 3.2.15). 1.5.17 Notice of Award An award is made upon execution of the written CONTRACT by all parties. 1.5.18 Correspondence The RFP number, indicated in the header of this page as well as on the Event Details document, has been assigned to this RFP and MUST be shown on all correspondence or other documents associated with this RFP and MUST be referred to in all verbal communications. 1.5.18.1 All inquiries, written or verbal, shall be directed only to the Procurement Officer designated on the Event Details document. There shall be no communication with any other State employee regarding this RFP except with designated state participants in attendance ONLY DURING: 1.5.18.1.1 Discovery Sessions: 1.5.18.1.2 Negotiations; 1.5.18.1.3 CONTRACT Signing; or 1.5.18.1.4 as otherwise specified in this RFP. 1.5.18.2 Violations of this provision by VENDOR or State agency personnel may result in the rejection of the proposal. 1.5.19 Evaluation of Proposals 1.5.19.1 Award shall be made in the best interest of the State as determined by the PNC or their designees. Although no weighted value is assigned, consideration may focus toward but is not limited to: 1.5.19.1.1 Cost. VENDORs are not to inflate prices in the initial proposal as cost is a factor in determining who may receive an award or be invited to formal negotiations. The State reserves the right to award to the lowest responsive bid without conducting formal negotiations, if authorized by the PNC. 1.5.19.1.2 Adequacy and completeness of proposal. 1.5.19.1.3 VENDOR’s understanding of the CONTRACT requirements. 1.5.19.1.4 Compliance with the terms and conditions of the RFP. 1.5.19.1.5 Experience in providing like services. 1.5.19.1.6 Qualified staff. 1.5.19.1.7 Response format as required by this RFP. 1.5.20 Appearance Before the Procurement Negotiating Committee (PNC) Any, all, or no VENDORs may be required to appear before the PNC to explain the VENDOR’s understanding and approach to the project and/or respond to questions from the PNC concerning the proposal; or, the PNC may award without conducting negotiations, based on the initial proposal. The PNC reserves the right to request information from VENDORs as needed. If information is requested, the PNC is not required to request the information of all VENDORs. VENDORs selected to participate in negotiations may be given an opportunity to submit a revised technical and / or cost proposal / offer to the PNC, subject to a specified cut-off time for submittal of revisions. Meetings before the PNC are not subject to the Open Meetings Act. The State reserves the right to electronically record these meetings. All information received prior to the cut off time will be considered part of the VENDOR’s revised offer. The State shall retain possession of any and all materials, in any form, provided by the VENDOR during these presentations. 1.5.21 Negotiated Procurement This is a negotiated procurement pursuant to K.S.A. 75 37,102. Final evaluation and award will be made by the Procurement Negotiating Committee (PNC) consisting of the following individuals (or their designees): Secretary, Department of Administration; Director of Purchases, Department of Administration; and Secretary, Department of Health and Environment.
Computer Hardware, Software, Other Technologies: All products and services provided or developed as part of fulfilling this CONTRACT shall conform to Section 508 of the Rehabilitation Act of 1973 and any amendments thereto, (29 U.S.C. & 794d), and its implementing Electronic and Information Technology Accessibility Standards (36 CFR § 1194). Section 508 requires that electronic and information technology is accessible to people with disabilities, including employees and members of the public. Information regarding accessibility under Section 508 is available at: http://www.section508.gov/ and a technical assistance document can be found at http://www.access-board.gov/sec508/guide/ . 1.5.23.2 Web Development: Websites, web services, and web applications shall be accessible to and usable by individuals with disabilities. This means that any websites, web services, and/or web applications developed in the fulfillment of this CONTRACT — including but not limited to: ((a) any web-based training material, user documentation, reference material, or other communications materials intended for public or internal use related to the work completed under this CONTRACT; and (b) any updates, new releases, versions, upgrades, improvements, bug fixes, patches, customizations, or other modifications to the above — shall comply with Kansas Information Technology Policy 1210: State of Kansas Web Accessibility Requirements (IT Policy 1210), IT Policy 1210 is located at: http://da.ks.gov/kito/itec/ITPoliciesMain.htm. For additional reference, supporting information for implementing IT Policy 1210 can be found at: http://da.ks.gov/kpat/resources/. 1.5.23.3 Affirmation of Conformance: The CONTRACTOR shall provide a description of conformance with the above mentioned specifications by means of a completed Voluntary Product Accessibility Template (VPAT) or other comparable document (VPAT information is available at: http://www.itic.org/index.php?src=gendocs&ref=vpat&category=resources&submenu=Resources). A VPAT is only necessary when the CONTRACTOR is using pre-existing (off the shelf) software. This conformance claim becomes a contractual term between the CONTRACTOR and the contracting state agency. 1.5.24 News Releases Only the State is authorized to issue news releases relating to this RFP, its evaluation, award, and/or performance of the CONTRACT. 1.5.25 Commercial Advertising The CONTRACTOR shall not refer to this RFP, its evaluation, award, or the CONTRACTOR’s performance under the CONTRACT in any commercial advertising media without the approval of the State. The State may withhold approval for any reason. 1.5.26 Procurement Card (P-Card) Many State Agencies use a State of Kansas Procurement Card (currently Visa) in lieu of a state warrant to pay for certain purchases. No additional charges will be allowed for using the P-Card. VENDORs shall indicate on the Event Details document if they will accept the Procurement Card for payment. 1.5.27 Political Subdivisions Political subdivisions (City, County, School Districts, etc.) are permitted to utilize contracts administered by the Division of Purchases. Please state in the area provided on the Event Details document whether or not you will allow this usage. Conditions included in this CONTRACT shall be the same for political subdivisions. The State has no responsibility for payments owed by political subdivisions. The CONTRACTOR must deal directly with the political subdivision. THIS PAGE IS INTENTIONALLY LEFT BLANK | ||||||||||||||||||||||||||||||||||||