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2011 0005 bakerc@rbha.org http://www.rbha.org , and on the eVA (electronic Virginia) web site at http://www.eva.virginia.gov is scheduled for 1:30 pm May , 2011, Room 2 2011 00 10 MEDICAL SERVICES Page My signature 2011 00 10 MEDICAL SERVICES Page FAX BACK: Proposal Questions: TO: Charles J. Baker, VCO Dir. Procurement and General Ser vices Richmond Behavioral Health Authority 107 South 5th Street Richmond, Virginia 23219 FAX TO: (804) 819 Please print your question(s) regarding the above referenced solicitation: Company Name Company Address (line 1 Company Address (line 2 Requestor Name Telephone Number Fax Number Email Address___________________________________________ IN ORDER TO ENSURE THAT ALL QUESTIONS RECEIVE RESPONSES, INTERESTED VENDORS ARE REQUESTED TO SUBMIT QUESTIONS VIA FAX TO (804) 819 USING THIS F ORM NO LA TER THAN 3:00 PM. FRIDAY MAY 2011 00 10 MEDICAL SERVICES Page BACKGROUND and PURPOSE Purpose It is the intent of the Richmond Behavioral Health Authority (RBHA) to enter into contract to obtain the services of a qualified medical professional or firm, licensed in the Common wealth of Virginia to provide medical services to those consumers of the R BHA Crisis Stabilization Unit (CSU). The successful firm or individual shall provide medical services such as medical histories, and physical and medical consultation to individuals admitted to this residential program. These services are to be provided on site at the CSU located at 107 South Fifth Street Richmond, Virginia 23219. It is the Authority’s intent to award a contract to a single medical professional or firm for a n initial period of two ) year with three ) additional one year renewal periods. Background The Richmond Behavioral Health Authority is a public authority created pursuant to laws of the Commonwealth of Virginia dedicated to providing exceptional behavior al health care services to the citizens of the Richmond Virginia. The Richmond Behavioral Health Authority is located at 107 South 5 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. The Authority has approximately 500 employees. The Authority generates approximately forty million dollars in revenue annually. Revenue sources include Medicare, Medicaid, private insurance, and self pay SCOPE OF WORK/ PROJECT STRUCTURE The RBHA Crisis Stabilization Unit is a 16 bed residential facility located at the agency’s downtown Richmond location. It serves adults with serious mental illness and occurring disorders presenting with psychiatric instab ility where stabilization in a sub acute facility is deemed appropriate. The CSU will admit voluntary and involuntary Consumers determined relatively low risk and appropriate for a closely monitored, but unlocked residential facility. The CSU is man aged by a full time Psychiatric Nurse Practitioner. A consulting psychiatrist and or nurse practitioner evaluates the clients daily. Admissions occur 24 hours a day, 7 days per week. Individuals admitted to the CSU are first assessed by Qualified Mental Health Professionals at the Community Services Board or Behavioral Health Authority from the referring jurisdiction. The basis of a ll proposals shall indicate compliance with, or exceed, the requirements contained herein. All fferors shall provide he following nsite medical histories physicals and medical consultation to adult consumers (approximate ages 18 65). Proposal shall indicate providing of services within 24 hours of admission. Admissions will occur 24 hours, 7 days a week. ervices i n compliance with HIPPA and all relevant regulatory requirements. 2011 00 10 MEDICAL SERVICES Page ocumentation of services in a timely manner and in a form consistent with the Authority requirements. ndividuals and/or a group of qualified, physicians or physician assistants/nurse ctitioners working under an appropriate consultation and supervisor agreements who are licensed in the Commonwealth of Virginia Medicaid and edicare provider (s) who will become credentialed as an RBHA provider under these services. RBHA Responsibilities include Provid ing basic nursing assistance and lab support Provid ing necessary information concerning each consumer’s medical history available to RBHA Provid ing an area to conduct consumer evaluations Provid ing all necessary medical and office supplies necessary for the medical professional to conduct work ; and Collaborat ing DELIVERABLES he contractor shall provide the following documentation th rough the CSU Manager to the Director of Assessment, Emergency Services and Medical Services The contractor shall provide medical histories and physicals on the approved medical history form within 24 hours of consumer admission to the CSU The contrac tor shall provide medical consultations on the approved medical physical form within 24 hours of consumer admission to the CSU The contractor shall collaborate with the CSU Director and psychiatrist regarding treatment planning for CSU consumers REQ UIRED PROPOSAL CONTENTS AND PREPARATION Technical Qualifications/Experience 2011 00 10 MEDICAL SERVICES Page and/or non profit entities. Additionally, this section shall include a statement of your understanding of scope of work presented in this RFP. The fferor hall have a presence with the Commonwealth of Virginia. The Offeror may propose o y qualified taff for this project licensed in the Commonwealth of Virginia to provide medical services in a convention environment and who, nder the direction of a physici is also qualified and properly licensed in the Commonwealth of Virginia. Include d ocumentation insurance, license and certification in this section for all staff members proposed for this project. Project Approach Describe in detail how you r firm plans to execute the scope of work identified by this RFP. Proposals should address e ach requirement of the scope of work. List the individuals in your firm who are responsible for each assignment. Also, proposal should identify completion time ables. If required, include in this section a transition plan. References: Prepare a list of projects, similar to the scope of work identified in this document, your company has handled or is currently handling. The list should include name of the p ublic entity, entity’s website, the contact name for the project, the telephone number, email address, facsimile, a brief description of the project, and the dollar amount of the contract. The Richmond Behavioral Health Authority reserves the right to cont act each reference and to discuss the project (Minimum of Three (3) References). Other Information Include ny other information thought to relevant, but not applicable to the other categories, in this section. If publications are supplied by the co ntractor to respond to a requirement, the response should include reference to the document number and page number. This will provide a quick reference for the selection committee. Include s ample forms in this section of the proposal (e.g. medical histo ry form). CONTRACT PERIOD The c ontract for the services outlined in this RFP shall commence upon the final execution and shall continue for an initial period of twenty four (24) months. Automatic contract renewals are prohibited. The RBHA mus authorize and coordina all renewals of this contract. The RBHA reserve the right to renew the contract for one (1) year at a time, if agreeable to all parties. There are three (3) one year renewals associated with this contract. The total contract per iod includ ing renewal options shall not exceed a period of five (5) years. A written contract renewal notice is required p rior to the expiration date of each contract period. he contract provide that if funding is not made available in any fiscal y ear, and the RBHA funds from other sources to pay the compensation due under the contract, the RBHA entitled, at the beginning of or during such fiscal year, to terminate the contract. In that event, the 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. The RBHA will provide the Contractor with written notice of contract termination due to the non appropriation of funds at least sixty calendar days before the effective date of the termination. However, the RBHA’s failure to 2011 00 10 MEDICAL SERVICES Page provide such notice will not extend the contract into a fiscal year in which funds for contract payments are not appropriated. VI. QUALIFICATIONS Proposals are consider ed only fr m firms or individuals normally engaged in the distribution or provision of the services as specified herein. RBHA may request that Offer s who submit a proposal in response to this RFP give an oral presentation of their proposal to the purchas ing authority, affording the Offeror the opportunity to clarify or elaborate on, but not change, their proposal. Oral presentations are an option of the RBHA; therefore, complete written proposals are required. VII SUBMISSION Submit proposals that are su bstantive in nature. Offerors should prepare proposals as economically, straightforward, and concise offering information on the ability of your firm to satisfy the requirements of this RFP. Submit only typed/word processed, double spaced proposals with page limits. Offerors all submit an original (so marked) and five copies of the proposal, signed by the contractually binding uthority. The original copy should include a transmittal letter identifying the following: Name of Offeror Address of O fferor Point of Contact (Full Name) Telephone Number/Facsimile/Email Address/Website Address RFP Number MEDICAL SERVICES Closing Time and Date: Federal Identification Number Seal and label all p roposals (on the outside of sealed container) t o show the following: Proposal for Medical Services RFP Number Receipt and Closing Date/Time 3:00PM THURSDAY MAY 19 Company or Individual Name Address and deliver p roposals by the date and time specified on the cover to: Charles J. Ba ker VCO Director of Procurement & General Services Richmond Behavioral Health Authority 107 South Fifth Street Richmond, Virginia 23219 VIII. CLOSING DATE: roposals that do not arrive at the above office on or before :00 p.m. on May 19 are not conside red as responsive The Authority does not accept late proposals. Offer ors mailing proposals should allow sufficient mail delivery time to ensure timely receipt. 2011 00 10 MEDICAL SERVICES Page IX. ADDITIONAL INFORMATION Address a ll inquiries concerning clarification of this RFP to the chmond Behavioral Health Authority, attention Charles J. Baker Director of Procurement & General Services , 107 South Fifth Street, Richmond, Virginia, 23219, Fax (804) 819 bakerc@rbha.org in writing. Since Offeror may have different needs for information, it is incumbent on each Offer or to make whatever inquiries it deems necessary. An addendum to this solicitation will provide answered to nquiries that the Authority determines pertinent to all contract ors. NO CONTACT POLICY: Any contact with any Authority representative, other than as listed above, concerning this RFP is not permitted. Unauthorized contact may disqualify your firm from this procurement. EVALUATION & SELECTION PROCESS The Auth ority will open and list the proposals for the record as soon as practical after the closing time and date of 3:00 PM on THURSDAY MAY 19 . This is not a public opening. The Authority will return all p roposals received after the closing date and time without consideration. During the evaluation phase, proposals are reviewed by the Evaluation Committee to ascertain which proposals address all the requirements of the RFP, and to conduct an analysis to document the adequacy of the proposals. Proposals de termined technically non responsive or not as responsive as other proposals are eliminated at this point. Once qualified fferors are determined, the Evaluation Committee may interview selected offerors to clarify specific matters presented in the propo sals. The Evaluation Committee will use information gained during these discussions, and information presented in the proposal, to rank contractors in accordance with criteria stated in the RFP. The selected fferor are required to assume responsibility f or all services offered in their proposal NOTE: The Evaluation Committee reserves the right to conduct presentations and/or visit the premises of the fferors . Further, RBHA will consider the selected fferor the sole point of contact with regard to contractual matters After receipt of proposals, Evaluation Committee will use the following evaluation criteria and weighing factors in selecting the firm for negotiation and recommendation for award of the contract Criteria Point Weight Quali fications of the provider, including back round, experience, capacity of the Offeror , performance, and expertise. pts The methodology proposed. pts References pts. Demonstrated understanding of the services and requirements outlined i n the scope. pts. Costs of services pts Available Points = 100 2011 00 10 MEDICAL SERVICES Page Selection is made of the Offeror deemed fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the RFP, including cost s. The RBHA will conduct negotiations with the highest ranking Offeror. If negotiation with this Offeror does not conclude with an award, RBHA will conduct negotiations with the next highest ranking Offeror Price is considered, but is not the sole determi ning factor. After negotiations are concluded, the RBHA shall select the Offeror that in its opinion has made the best proposals and shall award the contract to that Offeror. The RBHA reserves the right to make multiple awards as a result of this solicitat ion. Should the RBHA determine in writing and in its sole discretion that only one fferor is fully qualified, or that one fferor is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded t o that fferor. The contract awarded will incorporate by reference all requirements, terms and conditions of the solicitation (RFP) and the Offeror’s proposals negotiated. XII. FEES AND COSTS INFORMATION Provide details of all costs and fee schedules for the services offer . If this RFP is for any services defined XIX GENERAL AND SPECIAL TERMS AND CONDITIONS AUDIT he vendor 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 shall have full access to and the right to examine any of the vendor’s program material during said period. RBHA further reserves the right to review, on demand and without notice, all files of any subcontractor employed by the Contr actor 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 vendor maintains multiple offices, maintain the records auditing at a local office or have the capability to deliver the records to a location in the metro Richmond area ADVERTISING In the event a contract is awarded for supplies, equipment, or s ervices resulting from this proposal, no indication of such sales or services to the Ri chmond Behavioral Health Authority will be used in product literature or advertising. The contractor shall not state in any of its advertising or product literature that the Richmond Behavioral Health Authority has purchased or uses any of its products or services, and the contractor shall not include the Richmond Behavioral Health Authority any client list in advertising and promotional materials. RECORDS ecords on all clients served under this contract shall be the property of the Authority and s hall revert to the Authority on the last day of the contract period. The Authority may assign such records to the Vendor if a contract is re awarded or renewed, or the Authority may transfer copies of the client record totally or in part to subsequent ven dors for continuity of service. 2011 00 10 MEDICAL SERVICES Page 10 4. OBLIGATION OF OFFEROR y submitting a proposal, the vendor 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. CANCELLATION OF C ONTRACT he RBHA reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon SIXTY days written notice to the vendor. Any contract cancellation notice shall not relieve the vendor of the obligation t o deliver or perform on 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 vendor breaks any of the terms therein or if the vendor becomes ins olvent or commits any acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedy that the RBHA may have in law or equity. Default may be construed as, but not limited to, failure to properly perform any and all of its obligations and requirements under any resulting contract. OWNERSHIP OF MATERIAL wnership of all data, material and documentation originated and prepared for the RBHA pursuant to the RFP shall belong exclusively to the RBHA and be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or propriety information submitted by a vendor shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the vendor must invoke t he 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. INSURANCE By signing and submitting a proposal unde r this solicitation, the vendor certifies that it will have the insurance coverage listed below at the time the work commences. Additionally, the vendor will maintain this coverage during the entire term of the contract, and all insurance coverage’s will be provided by insurance companies authorized by the Virginia State Corporation Commission to sell insurance in the Commonwealth. During the period of the Contract, the RBHA reserves the right to require the vendor to furnish certificates of insurance for the coverage required by the Commonwealth as indicated. Insurance Coverage Required: Employer’s Liability $ 100,000.00 Commercial General Liability Insurance with a combined single limit of not less than $1,000,000 per occurrence. Automobile Li ability Insurance with a combined limit of not less than $1,000,000 per occurrence. 2011 00 10 MEDICAL SERVICES Page 11 Statutory Workers’ Compensation and Employers’ Liability with the Alternate Employers Endorsement WC 000301. If any employee of the Contractor is not subject to the provi sions of the Virginia Worker's Compensation Act, the Contractor shall nevertheless insure payment of the same compensation to such employee as is provided for by the Virginia Worker's Compensation Act. Professional Liability/Errors and Omissions (Legal) l imits of $1,000,000 per occurrence, $5,000,000 aggregate Fidelity Bond or Employee Dishonesty Insurance with limits of not less than $25,000 per occurrence. (Submit only if applicable.) Other insurance as required based upon the nature of the contract. AVAILABILITY FUNDS t is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. INDEMNIFICATION he C ontractor shall indemnify, defend and hold harmless the Authority, its officers, agents and employees from and against any and all losses, liabilities, claims, damages and expenses including court costs and reasonable attorney’s fees arising from any mater ial default or breach by the Contractor of its obligation specified in this Contract, as well as all claims arising from errors, omissions, negligent acts or intentional acts of the Contractor, its officers, agents and employees. Furthermore the Contracto r shall 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 Contractor, its subcontractors, its agents or its employees under or in connection with this Contract. The Contractor shall hold harmless and indemnify the Authority 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 Contractor shall upon written demand by t he RBHA , assume and defend at the Contractor’s sole expense any and all such claims or legal actions. DRUG FREE WORKPLACE The vendor acknowledges and certifies that it understands that the following acts by the vendor, its employees, and/or agents perfor ming services on RBHA property are prohibited: 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 substanc e, alcohol or other drugs (except the use of drugs for legitimate medical purposes). The vendor 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 2011 00 10 MEDICAL SERVICES Page 12 taken by the RBHA in addition to any criminal penalties that may result from such conduct. SUBCONTRACTS o portion of the work shall be subcontracted without prior written consent of the RBHA. In the event that the vendor desires to subcontract s ome part of the work specified herein, the vendor shall furnish the Purchasing Office the names, qualifications and experience of their proposed subcontractors. The vendor shall, however, remain fully liable and responsible for the work to be done by its ubcontractor(s) and shall ensure compliance with all requirements of the contract. INVOICES nvoices for services ordered, delivered and accepted shall be submitted on a monthly basis by the vendor to the attention of “Fiscal Officer” at the RBHA. Monthl invoices are due to RBHA no later than 15 days after the last day of the month. Payment shall be made upon 30 days of the receipt of an accurate and complete invoice. All invoices must include the RBHA contract number and Contractor’s federal identificat ion number BILLING he vendor agrees not to bill the consumer for services duly authorized under this contract, and to consult with the RBHA prior to billing the consumer for any service not included as part of this contract. The vendor will also emplo y procedures for seeking financial assistance when providing services for indigent patients. RENEWAL OF CONTRACT he resulting contract may be renewed by the RBHA for a period of three ) successive one year periods under the terms and conditions of the original contract except as stated herein. Subsequent price increases may be negotiated only at the time of renewal. Written notice of the intention of RBHA to renew shall be given sixty (60) days prior to the expiration date of each contract period. If the RBHA grants a price adjustment, the contract price(s) for the additional one year periods shall not exceed the contract price(s) of the original contract increased/decreased by the percentage increase/decrease of the “Medical Services” category of CPI section o f the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available. PREVAILING LAWS ll services provided by the vendor pursuant to this agreement shall be performed to the satisfaction of the RBHA, and in accordance with all applicable federal, state and local law, ordinance, rules and regulations. The vendor shall not receive payment for work found by the RBHA to be unsatisfactory, or performed in violation of federal, state or local laws, ordinance s, rules or regulations. DOCUMENTS AND CONFIDENTIALITY he vendor ensures that information and data obtained as to personal or medical facts and circumstances related to clients will be collected and held confidential, during and following the term of th is agreement, and will not be divulged without the written consent of the individual. The vendor shall comply with the security and privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The vendor shall make ava ilable for inspection and/or reproduction by the RBHA any records in the possession of the vendor that relates to the services provided under this agreement. 2011 00 10 MEDICAL SERVICES Page 13 EXPANSION OF TARGET Throughout the original contract term and any subsequent renewal, along with the identification of available funding, the vendor may be utilized, at the sole discretion of the RBHA, to provide similar services or continuing technical assistance and consultation services in the area addressed by this solicitation. RBHA reserves th e right, but is not obligated, to expand any resulting contract to include additional services throughout the contract term through negotiation and agreement between the parties and written contract modification. In the event of an expansion of the resulti ng contract, no rates negotiated shall be greater than those usual and customary rates charged for the same or similar services. FISCAL: The Vendor shall have an independent audit performed at its expense for the time period of the contract. The audit s hould be performed 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 sho 2011 00 10 MEDICAL SERVICES Page 14 APPLICABLE LAW AND COURTS his solicitation and any contract resulting from this solicitation shall be governed and construed in accordance with Virginia law without ANTI DISCRIMINATION y submitting their proposals, 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 am ended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2 4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith based organization, the organization shall not discriminate ag ainst 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 origi n and shall be 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 pr ograms funded with public funds shall be subject to audit by the public body. ( Code of Virginia 4343.1E). In every contract over $10,000, the provisions in A. and B. below apply: A. During the performance of this contract, the vendor agrees as fo llows: The vendor 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 reas onably necessary to the normal operation of the vendor. The vendor 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 al l contracting agencies with which the vendor has contracts over $10,000.00. The vendor, in all solicitations or advertisements for employees placed by or on behalf of the vendor, will state that such vendor is an equal opportunity employer. Notices, adve rtisements and solicitations placed in accordance with federal laws, 2011 00 10 MEDICAL SERVICES Page 15 22. IMMIGRATION REFORM AND CONTROL ACT OF 1986 By submitting their proposals, vendors certify that they do not and shall 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. ETHICS IN PUBLIC CONTRACTING submitting their proposals, O fferors 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 vendor, supplier, manufacturer or subcontractor in connection with their prop osal, 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. DEBARMENT STATUS y submitting their proposa l, Contractors certify that they are not currently debarred from submitting proposals on contracts by any agency of the Commonweal th 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 or by an agency of the United States of America By submitting their proposal, ferors certify that they are not debarred, suspended or otherwise excluded parties. Each fferor will be screened at the time of RFP response to ensure that the fferor, its principle and their named subcontractors are not debarred, suspended or otherwise excluded by any Federal Agency of the United States Government. ANTITRUST y entering into a contract, the vendor conveys, sells, assigns, and transfers to the RBHA all rights, title and interest in and to all causes of the action it may now have or here after 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. TERMS AND CONDITIONS odification of or additions to the Terms and Conditions of the solicitation may cause the rejection of the proposal; however, the CLARIFICATION OF TERMS f any prospective vendor has questions about the Scope of Work or other solicitation documents, the prospective vendor should contact the contract officer whose name appears on the face of the solicitation, no later than five days before the openin g date. Any revisions to the solicitation will be made only by addendum issued by the contract officer. ASSIGNMENT OF CONTRACT A contract shall not be assignable by the vendor in whole or in part without the written consent of the RBHA nor shall the cont ractor assign any monies due or to become due hereunder without the prior written consent of RBHA. 2011 00 10 MEDICAL SERVICES Page 16 QUALIFICATIONS OF OFFERORS he RBHA may make such reasonable investigations as deemed proper and necessary to determine the ability of the vendor to perfor m the work and the vendor shall furnish to the RBHA all such information and data for this purpose as may be requested. The RBHA reserves the right to inspect the vendor’s physical plant prior to award to satisfy questions regarding the vendor’s capabiliti es. The RBHA further reserves the right to reject any proposal if the evidence submitted by or investigations of such vendor fails to satisfy the RBHA that such vendor is properly qualified to carry out the obligations of the contract and to complete the w ork contemplated herein. DEFAULT n case of failure to deliver goods or services in accordance with the contract terms and conditions, the RBHA, after due oral or written notice, may procure them from other sources and hold the vendor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the RBHA may have. CHANGES TO THE CONTR hanges can be made to the contract in any of the following ways: The parties may agree in wr iting to modify the scope of the Contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contract and shall be subjec t to the requirements of the Virginia Public Procurement Act. The RBHA may order the changes within the general scope of the contract at any time by written notice to the vendor. Changes within the scope of the contract include, but are not limited to, t hings such as services to be performed, the program setting, and staffing patterns. The vendor shall comply with the notice upon receipt. The vendor shall be compensated for any additional costs incurred as the result of such order and shall give the RBH A a credit for any savings. Said compensation shall be determined by one of the following methods at the discretion of RBHA: By mutual agreement between the parties in writing; or By agreeing upon a unit price or using a unit price set forth in the cont ract, if the work to be done can be expressed in units, and the vendor accounts for the number of units of work performed, subject to the RBHA’s right to audit the vendor’s records and/or to determine the correct number of units independently; or By order ing the vendor 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 shall be used for determining a decrease in price as the re sult of savings realized. The vendor shall present the RBHA with all vouchers and records of expenses incurred and savings realized. The RBHA shall have the right 2011 00 10 MEDICAL SERVICES Page 17 to audit the records of the vendor, as it deems necessary to determine costs or savings. A ny claim for an adjustment in price under this provision must be asserted by written notice to the RBHA within (30) thirty days from the date of receipt of the written order from the RBHA. If the parties fail to agree on an amount of adjustment, the quest ion of an increase or decrease in the contract price or time for performance shall be 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 p rovisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the vendor from promptly complying with the changes ordered by the RBHA or with the performance of the contract generally. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT he vendor shall comply with privacy and security requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The ve ndor shall be expected, if requested by the RBHA, to execute a HIPAA Business Associate Contract/Agreement. SEVERABILITY f any provision of the Scope of Work, General Terms and Conditions or Special Terms and Conditions be held invalid, such holding sha ll not affect the remaining provisions. SUBSTANTIVE NATURE OF PROPOSALS roposals that are not substantive may be considered non responsive. It is not sufficient for the fferor to address the proposal in general terms or in terms other than those outli ned in the proposal. Proposals should be prepared simply and economically, providing a straightforward, concise description of the LICENSE All licenses, permits and inspection fees required for this project shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. MINORITY BUSINESS PARTICIPATION ichmond Behavioral Health Authority is working with City of Richmond to develop its minority and emerging small business communities. We therefore encourage the use of minority and emerging small businesses on all RBHA contracts to the fullest extent reasonably possible. The City's Office of Minority Business Enterprise is available at 3985 as a resource in identifying local small, woman owned or minority owned businesses. PERSONNEL The personnel designated in the management summary for key positions shall change except with the permission of RBHA. RBHA will only approve such cha nge when, in its opinion, the substitute personnel have equal or greater qualifications and experience than those they replace RETURN OF PROPOSAL RBHA advises that all proposals submitted under this RFP will become the property of RBHA and are not retur ned. 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 vendor’s expense. Budgets and price quotations are 2011 00 10 MEDICAL SERVICES Page 18 considered public information in proposa ls submitted to RBHA. Classifying budgets and price quotations as "proprietary" or "confidential" may render the proposal non REJECTION OF PROPOSALS BHA reserves the right to reject any and all proposals. RBHA reserves the right to negotiate with the selected fferor in order to best serve the needs of RBHA, in respect to both cost effectiveness as well as comprehensive program design. POST AWARD ollowing the selection and signing of a contract, the Contract Specialist will notify those fferors whose proposals were not selected along with the name of the selected fferor. Please keep in mind that it may take up to three (3) months to award a contract. PAYMENT Invoices for services delivered shall be submitted by the Contractor directly to Accounts Payable in the Finance Office. All invoices shall show the contract nu mber and/or purchase order number, social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations). To Prime Contractor: Any payment terms requiring payment in less than 30 days will be garded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however. The following shall be deemed the date of payment: the date of postmark in all case 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, contractors 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 will be researched and challenged, and that portion of the invoice held in abeyance until a 2011 00 10 MEDICAL SERVICES Page 19 its prompt payment obligations with respect to those charges which are not in dispute ( Code of Virginia, 4363). A vendor awarded a contract under this solicitation is hereby obligated To Subcontractors: (1) To pay the subcontractor(s) within seven (7) days of the vendor’s receipt of payment from the RBHA for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or (2) To notify the RBHA and the s ubcontractor(s), in writing, of the vendor’s intention to withhold payment and the reason. The vendor 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 vendor that remain unpaid seven (7) days following receipt of payment from the 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. Th provisions apply to each sub tier contractor performing under the primary contract. A vendor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the RBHA. PRIME CONTRACTOR RESPONSIBILITIES The co ntractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees. TERMINATION RBHA may terminate this con tract in one of two methods: 1. Termination with Cause. a. The Authority may terminate this Contract with cause at any time for the Contractor’s failure to perform its obligations under this Contract or to otherwise adhere to the terms and conditions of this Contract by delivery of written notice to the Contractor of the Authority’s intent to so terminate. Such notice shall be delivered at least seven (7) calendar days prior to the date of termination and shall otherwise be given in accordance with the r equirements of this Contract for the delivery of notices. If the Contractor cures the failure to perform or otherwise adhere to the terms and conditions of the Contract to the Authority’s satisfaction during this seven (7) calendar day period indica ed in writing to the Contractor , then the Authority’s notice of termination with cause shall be deemed null and void. 2011 00 10 MEDICAL SERVICES Page 20 c. Upon such termination, the Authority shall be liable only to the extent of reimbursable costs submitted by the Contractor and app roved by the Authority up to the time of termination and upon delivery to the Authority of all completed or partially completed work performed by the Contractor. The Authority shall have full right to use such work in any manner when and where it may desi gnate without claim on the part of the Contractor for additional compensation. 2. Termination without Cause a. The Authority may terminate this Contract without cause by delivery or written notice to the Contractor of the Authority’s intent to so termina te. Provide the eliver uch notice at least ninety (90) calendar days prior to the date of termination and otherwise given in accordance with the requirements of this Contract for the delivery of notices. Upon such termination, the Authority shall be liable only to the extent of reimbursable costs submitted by the Contractor and approved by the Authority up to the time of termination plus such portion of the fixed fee to which the Contractor may be entitled under this Contract as a result and upon delivery to the Authority of completed or partially completed work. The Authority shall have full right to use such work in any manner when and where it may designate without claim on the part of the Contractor for additional compensation. Upon such term ination, the Contractor shall have no further obligation under this Contract. NONDISCRIMINATION OF CONTRACTORS : A O fferor, or contractor shall 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 empl oyment or because the O fferor 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 shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider. PROPOSAL PRICE CURRENCY Unless stated otherwise in the solicitation, fferors shall state offer prices in US dollars. UTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH contractor organized as a stock or non stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authori zed to transact business in the Commonwealth as a domestic 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 p ublic body pursuant to the Virginia Public Procurement Act shall 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 2011 00 10 MEDICAL SERVICES Page 21 or cancel led 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. GOVERNMENT FURNISHED EQUI MENT : Contractors are ordinaril y required to furnish all property necessary to perform government contracts. However, if RBHA requires the contractor to use government property such as furniture or equipment, the contractor agrees to have responsibility for and accountability of the equ ipment by keeping written records of RBHA property in their possession or control during the term of the contract. At the end of the contract, the contractor agrees to make arrangements with the Division to return RBHA property. REFERENCES: Offerors shall provide a list of at least 3 references where similar goods and/or services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person and telephone number. ORGANIZATION DDRESS CONTACT PERSON TELEPHONE OFFER PRICE CURRENCY: Unless stated otherwise in the solicitation, fferors shall state offer prices in US dollars. PROCUREMENT REGULATIONS: This solicitation is subject to the provisions of the purchasing regulat ions of the RBHA and any revisions thereto, which are hereby incorporated into this contract in their entirety. This solicitation is subject to the provisions of the Virginia Public Procurement Act (VPPA). END OF SECTION II 2011 00 10 MEDICAL SERVICES Page 22 ATTACHMENT A CONFLICT OF INTER EST STATEMENT NOTICE TO OFFEROR: ENSURE THAT THE SOLICITATION IS THOROUGHLY READ AND COMPLETED. COMPLETE, SIGN, AND RETURN THE INFORMATION REQUESTED BELOW WITH YOUR BID/PROPOSAL. FAILURE TO FURNISH THIS DATA MAY RESULT IN DECLARING YOUR PROPOSAL NON ESPONSIVE. NAME: ADDRESS: CITY/STATE: TELEPHONE NUMBER: ______________________________ FAX NUMBER: _______________________________________ FEDERAL IDENTIFICATION NUMBER (FIN): DUNS NUMBER: THE ABOVE FIRM IS A: (CHECK AS APPLICABLE) SMALL BUSINESS INDIVIDUAL BUSINESS WOMAN OWNED BUSINESS SOLE PROPRIETORSHIP MINORITY OWNED BUSINESS PARTNERSHIP SHELTERED WORKSHOP CORPORATION FAITH BASED ORGANIZATION RELATIONSHIP WITH TH E COMMONWEALTH OF VIRGINIA: IS ANY MEMBER OF THE FIRM AN EMPLOYEE OF THE COMMONWEALTH OF VIRGINIA WHO HAS A PERSONAL INTEREST IN THIS CONTRACT PURSUANT TO THE CODE OF VIRGINIA, SECTION 2.1 639.1 639.24? YES IF YES, PLEASE EXPLAIN: BIDDER/OFFEROR SIGNATURE DATE NAME OF FIRM DATE TITLE 2011 00 10 MEDICAL SERVICES Page 23 VENDOR DATA SHEET ATTACHMENT B Note: The following information is required as part of your response to this solicitation. Failure to complete and provide this sheet may result in finding your bid nonresponsive. (In the case of a two step IFB, it may cause the proposal portion to be determined to be not acceptable). Qualification : The vendor must have the capability and capacity in all respects to satisfy fully all o f the contractual requirements. Vendor’s Primary Contact Name: ______________________________________ Phone: __________________________ Years in Business : Indicate the length of time you have been in business providing this type of good or serv ice: __________________ Years __________________ Months Vendor Information FIN or FEI Number: _________________________ If Company, Corporation or Partnership Social Security Number: _________________________ If Individual Indicate b elow a listing of at least four (4) current or recent accounts, either commercial or governmental, that your company is servicing, has serviced, or has provided similar goods. Include the length of service and the name, address, and telephone number of th e point of contact: A. Company: ____________________________________ Contact: ___________________________ Phone: _______________________________________ Fax: ______________________________ Project: __________________________________ Dates of Service: ________________________________ Value: ____________________________ B. Company: ____________________________________ Contact_____________________________ Phone: ___________ ____________________________ Fax: _______________________________ Project: ___________________________________________________________________________ Dates of Service: _______________________________ _ Value : ____________________________ C. Company: ____________________________________ Contact: ___________________________ Phone: _______________________________________ Fax: ______________________________ Project: _________________________________________________ Dates of Service: ________________________________ Value: ____________________________ I certify the accuracy of this information Signature: _____________________ _ Title : _________________________ Date: ________