Department of Human Resources
Kent County Department of Social Services (KCDSS)
REQUEST FOR PROPOSALS (RFP)
SOLICITATION NO. KCDSS/LEGAL-18-001-S
Issue Date: May 24, 2017
Legal Services for Kent County Department of Social Services
NOTICE
A Prospective Offeror that has received this document from the Department of Human Resources website at www.dhr.maryland.gov or https://emaryland.buyspeed.com/bso/, or that has received this document from a source other than the Procurement Officer, and that wishes to assure receipt of any changes or additional materials related to this RFP, should immediately contact the Procurement Officer and provide the Prospective Offeror’s name and mailing address so that addenda to the RFP or other communications can be sent to the Prospective Offeror.
Minority Business Enterprises Are Encouraged to Respond to this Solicitation
NOTICE TO VENDORS
Maryland Wants to Do
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We do not offer the services/commodities requested.
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Bid/Proposal Number: KCDSS/LEGAL-18-001-S Entitled: Legal Services for Kent County Department of Social Services.
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STATE OF MARYLAND
Department of Human Resources
Kent County Department of Social Services
RFP KEY INFORMATION SUMMARY SHEET
Request for Proposals: Legal Services for Kent County Department of Social Services
Solicitation Number: KCDSS/LEGAL 18-001-S
RFP Issue Date: May 24, 2017
RFP Issuing Office: Department of Human Resources
Kent County Department of Social Services
Procurement Officer: Joyce Prickett, Assistant Director, Administrative Services
Kent County Department of Social Services
350 High Street
P.O. Box 670
Chestertown, MD 21620
Phone: 410-810-7704 Fax: 410-778-1497
e-mail:
State Project Manager: Lisa Falls, Assistant Director for Services
Kent County Department of Social Services
350 High Street
P.O. Box 670
Chestertown, MD 21620
Phone: 410-810-7657 Fax: 410-778-1497
e-mail:
Proposals are to be sent to: Kent County Department of Social Services
350 High Street
Chestertown MD 21620
Attention: Joyce Prickett
Pre-Proposal Conference: June 19, 2017, 10:00 A.M.
Child Support Conference Room
315 High Street, Suite 208
Chestertown, MD 21620
Proposal Due (Closing) Date and Time: July 13, 2017, 4:00 P.M.
MBE Subcontracting Goal: 0 %
VSBE Subcontracting Goal: 0 %
Table of Contents
SECTION 1 - GENERAL INFORMATION 7
1.1 Summary Statement 7
1.2 Abbreviations and Definitions 7
1.3 Contract Type 10
1.4 Contract Duration 10
1.5 Procurement Officer 11
1.6 State Project Manager 11
1.7 Pre-Proposal Conference 11
1.8 eMarylandMarketplace 11
1.9 Questions 12
1.10 Procurement Method 12
1.11 Proposals Due (Closing) Date and Time 12
1.12 Multiple or Alternate Proposals 13
1.13 Economy of Preparation 13
1.14 Public Information Act Notice 13
1.15 Award Basis 13
1.16 Oral Presentation 13
1.17 Duration of Proposal 13
1.18 Revisions to the RFP 14
1.19 Cancellations 14
1.20 Incurred Expenses 14
1.21 Protest/Disputes 14
1.22 Offeror Responsibilities 14
1.23 Substitution of Personnel 15
1.24 Mandatory Contractual Terms 17
1.25 Bid/Proposal Affidavit 17
1.26 Contract Affidavit 18
1.27 Compliance with Laws/Arrearages 18
1.28 Verification of Registration and Tax Payment 18
1.29 False Statements 18
1.30 Payments by Electronic Funds Transfer 18
1.31 Prompt Payment Policy 19
1.32 Electronic Procurements Authorized 19
1.33 Minority Business Enterprise Goals 20
1.34 Living Wage Requirements 20
1.35 Federal Funding Acknowledgement 21
1.36 Conflict of Interest Affidavit and Disclosure 21
1.37 Non-Disclosure Agreement 22
1.38 HIPAA - Business Associate Agreement 22
1.39 Nonvisual Access 22
1.40 Mercury and Products That Contain Mercury 22
1.41 Veteran-Owned Small Business Enterprise Goal 22
1.42 Location of the Performance of Services Disclosure 22
1.43 Department of Human Resources (DHR) Hiring Agreement 22
1.44 Small Business Reserve (SBR) Procurement 22
SECTION 2 – MINIMUM QUALIFICATIONS 23
2.1 Offeror Minimum Qualifications 23
SECTION 3 – SCOPE OF WORK 24
3.1 Background and Purpose 24
3.2 Scope of Work - Requirements 24
3.3 Security Requirements 28
3.4 Insurance Requirements 31
3.5 Problem Escalation Procedure 32
3.6 Invoicing 33
3.7 MBE Reports 34
3.8 VSBE Reports 34
3.9 SOC 2 Type 2 Audit Report 34
3.10 End of Contract Transition 34
SECTION 4 – PROPOSAL FORMAT 35
4.1 Two Part Submission 35
4.2 Proposals 35
4.3 Delivery 35
4.4 Volume I – Technical Proposal 36
4.5 Volume II – Financial Proposal 42
SECTION 5 – EVALUATION COMMITTEE, EVALUATION CRITERIA, AND SELECTION PROCEDURE 43
5.1 Evaluation Committee 43
5.2 Technical Proposal Evaluation Criteria 43
5.3 Financial Proposal Evaluation Criteria 43
5.4 Reciprocal Preference 43
5.5 Selection Procedures 44
5.6 Documents Required upon Notice of Recommendation for Contract Award 45
RFP ATTACHMENTS 46
ATTACHMENT A – CONTRACT - SAMPLE 48
ATTACHMENT B – BID/PROPOSAL AFFIDAVIT 61
ATTACHMENT C – CONTRACT AFFIDAVIT 68
ATTACHMENTS D – MINORITY BUSINESS ENTERPRISE FORMS 72
ATTACHMENT E – PRE-PROPOSAL CONFERENCE RESPONSE FORM 73
ATTACHMENT F – FINANCIAL PROPOSAL INSTRUCTIONS 74
ATTACHMENT F-1 – FINANCIAL PROPOSAL FORM 75
ATTACHMENT G – LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS 76
ATTACHMENT H - FEDERAL FUNDS ATTACHMENT 80
ATTACHMENT I – CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE 87
ATTACHMENT J – NON-DISCLOSURE AGREEMENT 88
ATTACHMENT K – HIPAA BUSINESS ASSOCIATE AGREEMENT 93
ATTACHMENT L – MERCURY AFFIDAVIT 94
ATTACHMENT M – VETERAN-OWNED SMALL BUSINESS ENTERPRISE 95
ATTACHMENT N – LOCATION OF THE PERFORMANCE OF SERVICES DISCLOSURE 96
ATTACHMENT O – DHR HIRING AGREEMENT 97
ATTACHMENT P – MONTHLY ACTIVITY REPORT 101
ATTACHMENT Q – USE OF CONFLICT ATTORNEY REPORT 102
ATTACHMENT R – REPORT OF POSTPONEMENTS 103
ATTACHMENT S – MONTHLY INVOICE 104
ATTACHMENT T– MARYLAND ANNOTATED CODE, HUMAN SERVICES ARTICLE § 3-601 105
ii
KCDSS/LEGAL-18-001-S
SECTION 1 - GENERAL INFORMATION
1.1 Summary Statement
1.1.1 The Department of Human Resources (DHR), Kent County Department of Social Services (KCDSS) is issuing this Request for Proposals (RFP) to obtain legal services from a practicing attorney, licensed in the State of Maryland, to represent KCDSS before the Kent County Courts and Office of Administrative Hearings for matters of Child Welfare such as Child Protective Services (CPS), Adoption, Foster Care, In- Home Family Services and for matters of Adult Services such as Adult Protective Services (APS), Adult Public Guardianship (APG), In addition, the attorney must consult with and advise KCDSS staff on other general legal matters which may come before the agency as required by the Maryland Annotated Code, Human Services Article §3-601 (see Attachment T) and as outlined in this request for proposals (RFP).
1.1.2 It is the State’s intention to obtain services, as specified in this RFP, from a Contract between the selected Offeror and the State. The anticipated duration of services to be provided under this Contract is three (3) years. See Section 1.4 for more information.
1.1.3 The Department intends to make a single award as a result of this RFP. See RFP Section 1.15 for more information.
1.1.4 An Offeror, either directly or through its subcontractor(s), must be able to provide all services and meet all of the requirements requested in this solicitation and the successful Offeror (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.
1.2 Abbreviations and Definitions
For purposes of this RFP, the following abbreviations or terms have the meanings indicated below:
A. Adoption – The legal proceeding by which an individual becomes the child of the adoptive parents, and which confers on the adopted child all the legal rights and privileges to which a child born to the adoptive parents is entitled.
B. Adult Protective Services (APS) – A social services program that assists vulnerable adults who are unable to provide for their basic living needs or access necessary professional services, or protect their own interests and are subject to abuse, neglect, exploitation, or self-neglect. Service provision is normally limited to 6 months in which time risk is reduced. APS makes every effort to stabilize the vulnerable adult in the adult’s own home within the community through community support services that reduce risk factors.
C. Adult Public Guardianship (APG) – A legal procedure in which the court determines whether a person’s ability to make their own health and safety decisions is significantly impaired. If so, the court will then appoint a guardian to act as a substitute decision-maker.
D. Adult Services – Programs and services which focus on the needs of vulnerable adults, the elderly, adults of any age with disabilities, and their family care givers. Services are delivered through local departments of social services to promote their safety, stability and independence.
E. Business Day(s) – The official working day(s) of the week to include Monday through Friday. Official working days exclude State Holidays (see definition of “Normal State Business Hours” below).
F. Child in Need of Assistance (CINA) – a child who requires court intervention because the child has been abused or neglected and the child’s parent or parents, guardian, or custodian are unable or unwilling to give proper care and attention to the child and the child’s needs.
G. Child Protective Services (CPS) – A specialized social service for children that aims to stop and prevent child abuse and neglect. CPS achieves this goal through the investigation and initiation of protective and other services for children who are believed to have been abused or neglected; parents or other adults having permanent or temporary care, custody, or responsibility for supervision of abused or neglected children; and household or family members of abused or neglected children.
H. Child Welfare Services – All services provided to children including, but not limited to, CPS, Foster Care, Voluntary Placements, Adoptions, kinship care, child abuse and neglect, CINA, emergency shelter, and Guardianship matters.
I. COMAR – Code of Maryland Regulations available on-line at www.dsd.state.md.us.
J. Contract – The Contract awarded to the successful Offeror pursuant to this RFP. The Contract will be in the form of Attachment A.
K. Contract Commencement - The date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required. See Section 1.4.
L. Contractor – The selected Offeror that is awarded a Contract by the State.
M. Department or DHR – Maryland State Department of Human Resources established to administer the State’s public assistance, social services, child support, and community services programs.
N. eMM – eMaryland Marketplace (see RFP Section 1.8). The State of Maryland’s internet-based procurement system. eMM is a business tool that provides an efficient means to improve vendor’s access to State procurement information and bid opportunities.
O. Family Involvement Meetings (FIMs) – A casework practice forum to convene family members during key child welfare decision points. FIMs occur at various trigger points along the child welfare and adult services continuum and serve as a decision-making strategy that engages families, the Agency and community, including legal partners, in a team process to assure safety and optimal outcomes for vulnerable children and adults.
P. Foster Care - Continuous 24-hour care and supportive services provided for a minor child placed by a child placement agency in an approved family home. Foster care includes services to the child’s parents or legal guardian, siblings, and relatives in order to achieve a safe, permanent placement for the child; services to the foster parents and supervision of the child in the foster care placement to assure that the placement promotes the child’s physical, emotional, and intellectual growth and well-being; and after care services to the child and the child’s caregiver to prevent placement disruption or reentry into out-of-home placement
Q. Go-Live Date – The date, as specified in the Notice to Proceed, when the Contractor must begin providing all services required by this solicitation. See Section 1.4.
R. Guardianship – Custody of a child and authority to make decisions on the child’s care, welfare, education, physical and mental health and support that is awarded to an individual by the court.
S. Guardianship of the Person – Filing a petition with the local circuit court to request immediate appointment of an individual, agency, or corporation to undertake certain actions in the interest of a disabled person. The guardian is authorized by the court to make responsible decisions for the disabled person about the disabled person’s health care, shelter, or daily needs for food or clothing and to receive and spend money from the disabled person’s assets to meet those needs.
T. In-Home Family Services – The purpose of In-Home Family Services is to promote the safety and well-being of children and their families; preserve family unity where children’s safety can be supported; maintain permanency for children; and empower families to achieve or sustain independence and self-sufficiency.
U. Kent County Department of Social Services (KCDSS or Local Department) – A unit of the Maryland Department of Human Resources established pursuant to Human Services, Title 3, Subtitle 2.
V. Key Personnel – All personnel identified in the solicitation as such, or personnel identified by the Offeror in its Proposal that are essential to the work being performed under the Contract. See RFP Sections 1.23 and 4.4.2.7.
W. Local Director – The head of KCDSS.
X. Local Time – Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such.
Y. Minority Business Enterprise (MBE) – Any legal entity certified as defined at COMAR 21.01.02.01B(54) which is certified by the Maryland Department of Transportation under COMAR 21.11.03.
Z. Normal State Business Hours - Normal State business hours are 8:00 a.m. – 5:00 p.m. Monday through Friday except State Holidays, which can be found at: www.dbm.maryland.gov – keyword: State Holidays.
AA. Notice to Proceed (NTP) – A written notice from the Procurement Officer that, subject to the conditions of the Contract, work under the Contract is to begin as of a specified date. The start date listed in the NTP is the Go-Live Date, and is the official start date of the Contract for the actual delivery of services as described in this solicitation. After Contract Commencement, additional NTPs may be issued by either the Procurement Officer or the State Project Manager regarding the start date for any service included within this solicitation with a delayed or non-specified implementation date.