RFP #6-14 Sale of CHHA Certificate
OSWEGO COUNTY PURCHASING DEPARTMENT
County Office Building ● 46 East Bridge Street ● Oswego, NY 13126
Phone (315)349-8307Fax(315)349-8308 Email:
Daniel H. StevensGail VanLinder
Purchasing Director Senior Purchasing Clerk
June 9, 2014
LEGAL NOTICE
Proposals will be received by the Oswego County Purchasing Department, 46 East Bridge Street, Oswego, NY until 2:00 p.m., Monday, July 14, 2014 for:
RFP #6-14 - Purchase of Certified Home Health Agency Operating Certificate
DEADLINE FOR QUESTIONS:
Monday, July 7, 2014 5:00 p.m.
(There will not be an Offerer's Conference)
Specifications are available in the Purchasing Department at the above address Monday through Friday, 8:30 a.m. to 5:00 p.m. or online at
THE COUNTY RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS.
Daniel H. Stevens
Purchasing Director
Table of Contents
Part 1 Information for Proposers
Deadline, Receipt and Opening of Proposals
Proposer’s Responsibilities
Communications
Specifications Discrepancy
Scope Parameters
Proposer’s Qualifications & Eligibility
Award
Term
Commencement of Work
Cancellation
Pricing
Method of Payment
Part 2 Specifications
Part 3 Proposal Format
Part 4 General Provisions
Article 1 Scope of WorkArticle 15 Protection of County Property
Article 2 Term of Agreement Article 16 Termination
Article 3 CompensationArticle 17 General Release
Article 4 Executory ClauseArticle 18 Set-Off Rights
Article 5 Procurement of Agreement Article 19 No Arbitration
Article 6 Conflict of InterestArticle 20 Governing Law
Article 7 Fair PracticesArticle 21 Acceptance of Substituted Service Article 8 Independent Contractor Article 22 Taxes
Article 9 Assignment & Subcontracting Article 23 Current or Former County Employees
Article 10 Books and Records Article 24 Entire Agreement
Article 11 Retention of RecordsArticle 25 Modification
Article 12 Audit by the County & Others Article 26 EEO
Article 13 Insurance & Statutory Compliance Article 27 Iranian Energy SectorDivestment
Article 14 Indemnification
Required Forms
Proposer Reply Cover Sheet
Proposer Information Sheet
Non-Collusion Certification
Resolution for Corporations Only
Non-Proposer Response
Part 1 – Information for Proposers
The County of Oswego is soliciting proposals from qualified proposers (the “Firm”) to purchase the Oswego County Health Department's Certificates of Need for its Certified Home Health Agency (CHHA)and to establish a contract through competitive sealed proposals for the provision of skilled care and supportive health services in a safe, secure home-based environment.This request for proposal seeks to identify an eligible, qualified , and interested entity as defined by the New York State Codes, Rules, and Regulations (NYCCR), Title 10, Article 7, Part 760, to purchase said certificates and to provide quality home health care to the residents of Oswego County. Such interested potential entity is expected to operate the certified home health agency in compliance with all applicable Federal and State statutes and regulations. Furthermore, Oswego County is seeking a long term renewable contract with the awarded entity to bill Medicaid eligible services provided under Public Health Law, which include Maternal Child Health nursing home visits and other public health preventative services requiring CHHA certification to bill Medicaid. The proposal should support an alternative to nursing home placement for the chronically ill. At a minimum the proposal should describe a methodology for providing evaluation, treatment, and therapy for patients covered by the program.
A brief history and fiscal profile of the County's Certified Home Health Agency (CHHA) are attached for your review. If you believe your organization is qualified to provide the services required herein requested, meets the regulatory requirements, and is prepared to prose fair and just consideration for the certificates, please forward a proposal with the required information and documents noted in the scope of this Request for Proposal. Responses to this RFP will be evaluated by a review committee and ranked.
DEADLINE, RECEIPT AND OPENING OF PROPOSALS
Applicants shall submit a signed original proposal, three (3) copies, in a sealed envelope indicating the company’s name and proposal title:
RFP #6-14 – Purchase of Certified Home Health Agency Operating Certificate
Proposals are due on or before 2:00 p.m., Monday, July 14, 2014. Either mail or deliver Proposals in person to:
Oswego County Purchasing Office
46 East Bridge Street (3rd Floor)
Oswego, NY 13126
The County may consider informal any proposal not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any or all proposals.
Any proposal may be withdrawn prior to the scheduled time for the opening of proposals or authorized postponement thereof. Any proposal received after the time and date specified will not be considered and will be returned unopened. Proposals may not be withdrawn within ninety-six (96) days after the actual date of opening. Facsimile or e-mail transmitted proposals are not acceptable and will be rejected.
Proposals delivered prior to the scheduled opening date will be deemed received upon the day of the actual opening, and will be retained in the interim only as a courtesy to the Proposer.
PROPOSER’S RESPONSIBILITIES
It is the Proposer’s responsibility to meet the entire intent of these specifications. Proposers shall carefully examine the terms of this document and shall judge for themselves all the circumstances and conditions affecting their proposal. Failure on the part of any Proposer to make such examination and to investigate thoroughly shall not be grounds for any declaration that the Proposer did not understand the terms and conditions herein. The County of Oswego shall not be liable for any costs associated with the preparation, transmittal, or presentation of any response or materials submitted in response to the RFP.
It is the responsibility of each Proposer to:
- Examine the RFP documents thoroughly;
- Consider federal, state and local laws and regulations that may affect your proposal.
- Study and carefully correlate Proposer’s observations with the RFP document.
COMMUNICATIONS
All communications regarding this RFP with the County shall be solely through the official indicated below. Proposers are specifically directed not to contact any other County officials or employees in any fashion regarding this RFP, without prior approval from the County Purchasing Director. Unauthorized communications may result in the rejection of the proposal. The County will not be responsible for any oral representations or instructions. All contact with any County official must take place during normal work hours, at the County office, or at a site related to the service being proposed.
Daniel H. Stevens
Purchasing Director
46 East Bridge Street
Oswego, New York 13126
(315) 349-8307
SPECIFICATIONS DISCREPANCY
Should a Proposer find a discrepancy in, or omissions from the specifications, requirements for contract, or RFP form, or be in doubt as to their meaning, the Proposer shall at once notify in writing the County Purchasing Director. Written instructions will be sent to all potential Proposers. All such addenda shall become a part of the contract and all Proposers shall be bound by such addenda, whether or not received by the Proposers. The County will not be responsible for any oral representations or instructions.
SCOPE PARAMETERS
If a Proposer identifies an additional element not included in this RFP, which in its judgment would be essential to accomplish the intended objectives as articulated in this RFP, the Proposer should identify this element in its proposal and explain in detail why the County should consider including this element within the scope of services. Conversely, if a Proposer identifies a task within the RFP that it believes could be modified or deleted without impacting the objectives of the RFP, the Proposer should provide an explanation as to why the task should be deleted or modified. The County reserves the right to accept or reject all additions, deletions or modifications recommended.
PROPOSER’S QUALIFICATIONS & ELIGIBILITY
The County may make such investigation as it deems necessary to determine the qualifications and ability of a Proposer, and the Proposer shall promptly furnish the County all such information and data as the County may request for this purpose. The County reserves the right to reject any proposal where an investigation of the available evidence or information does not satisfy the County that the Proposer is properly qualified or able to carry out the obligations of the contract and to provide the services contemplated herein.
AWARD
The award may be made to the most responsible proposer whose proposal is determined to be in the best interest of Oswego County and deemed will best serve the County's requirements based upon criteria stated under the Scope of this RFP, the evaluation of references, corporate qualifications, and if deemed necessary, an interview with the Vendor and the jurisdictional legislative committee.
Price will not necessarily be the determining factor in the award of the contract. All proposals will be evaluated to determine if they meet the required format and be in compliance with all requirements of the Request for Proposals.
Incomplete or non-responsive proposals may be rejected at the discretion of Oswego County.
The Proposer must provide unquestionable evidence of sustained capability of providing the services requested, such as can be demonstrated in existing or previous operations.
The County may award a contract based upon the proposals received, without discussion of such proposals with Proposers. Each proposal should, therefore, be submitted in the most favorable terms the Proposer can make to the County. The County of Oswego does, however, reserve the right to request additional data or an oral presentation in support of the written proposal. Submission of a proposal does not automatically qualify a Proposer for a presentation. The County reserves the right to negotiate with all qualified Proposers.
The County of Oswego, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 and New York State Executive Law affirmatively ensures that the contract will be awarded without discrimination on the grounds of race, creed, color, disability, marital status, age, sexual orientation or natural origin.
All proposals over $5,000 are subject to final review and acceptance by the Oswego County Legislature before any award of contract may be made. Receipt of proposals by the County shall not be construed as authority to bind the County.
All proposals shall be firm for a period of ninety-six (96) days after the opening date in order for the County to determine which proposal best meets the public interest. The County reserves the right to extend said period.
At the discretion of the County, the successful Proposer must provide Proposal of Commitment within thirty (30) days of acceptance.
COMMENCEMENT OF WORK
Upon execution and delivery of the contract and delivery of any required performance bonds, including the required Certificates of Insurance and the approval thereof by the County Attorney, the successful Proposer will be notified to proceed with the work of the contract. Such notification will be in the form of a proposal to proceed from the County’s Purchasing Office.
CANCELLATION
The County reserves the right to cancel the contract at will. If the Proposer fails to perform under the contract, fails to meet specifications, or fails to make satisfactory progress so as to endanger the overall contract performance, they may be determined to be in breach and the contract may be terminated by giving written notice to the Proposer of such termination and specify the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, and reports prepared by the Proposer under this contract shall, at the option of the County, become County property and the Proposer shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.
The Proposer shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Proposer, and the County may withhold any payments to the Proposer for the purpose of determining the exact amount of damages due the County.
The Proposer understands that the contract may be terminated due to non-appropriation of funds.
REQUIREMENTS FOR PURCHASE
The purchase agreement, as well as the statements and specifications that accompany the proposals, and which are accepted by the County, shall be in such form and contain such terms and conditions as approved by the County Attorney.
EMPLOYMENT
Favorable consideration will be given to proposals that positively address the continued employment of the facility’s current staff. Respondent must document that it is an Affirmative Action / Equal Opportunity Employer.
ADDENDA
Oswego County may, at any time by written notification to all proposers, change any portion of the RFP described and detailed herein. These changes will be communicated to proposers in the form of Addenda. Addenda will be mailed/faxed to all who are known by the County to have received a complete set of specification documents. Copies of Addenda will be made available for inspection on the Purchasing page of the County website. No Addenda will be issued later than twenty-four (24) hours prior to the date and time for the receipt of offers, except an Addenda withdrawing the proposal or Addenda for postponement of the proposal due date/time.
Part 2 – Specifications
BACKGROUND INFORMATION
Oswego County is a county located in the U.S. state of New York, spanning an area of 1,312 square miles. As of the 2010 census, the population was 122,109. Oswego County has been providing Home Health Care services to homebound county residents as an alternative to nursing home placement for many years. A 2012 Oswego County Health Department Year End Report is attached for your review. The county is now seeking proposals from qualified agencies to provide skilled nursing care and therapy services. Such interested potential entity shall be expected to operate the Certified Home Health Agency (CHHA) in compliance with all applicable Federal and State statutes and regulations. Furthermore, Oswego County is seeking a long term renewable contract with the awarded entity to bill Medicaid eligible services provided under Public Health Law, which include Maternal Child Health Nursing home visits and other public health preventative services requiring CHHA certification to bill Medicaid.
PURPOSE AND SCOPE OF WORK
The Oswego County Department of Health currently holds operating certificates from the New York State Department of Health, Office of Health Systems Management for a Certified Home Health Agency(CHHA). Since its inception, the Nursing Division of Oswego County Department of Health has, under the CHHA, provided skilled nursing, rehabilitation services, such as physical therapy, occupational therapy, speech language pathology, medical supply equipment and appliance and home health aid services to medically eligible homebound residents and medical social services of Oswego County. At this time, the Oswego County Department of Health is seeking to relinquish or sell the Certificates for the CHHA.
The County has issued this formal Request for Proposal to receive proposals from entities qualified to operate as a home health agency under Titles XVIII and XIX of the Federal Social Security Act and which will agree to participate in such programs, applying therefore, and which will comply with the provisions of Article 36 of the Public Health Law and the applicable rules of the New York State Department of Health. Additionally, a New York State healthcare facility or program approved under either Article 28, 33, 36, 40 or 44 of the Public Health Law or the provisions of the Mental Hygiene Law may be eligible to obtain certificates for a CHHA.
TERM OF CONTRACT
Subject to prior approvals by the New York State Health Department the successful Proposer will be offered a purchase contract and a management contract for all or part of the services specified in this RFP which will cover the transition period. All contracts must be reviewed by the Oswego County Attorney prior to approval and signing by Oswego County. Additionally, the County reserves the right to terminate the contract for cause and/or unsatisfactory performance or compliance with County requirements.
SELECTION CRITERIA
Interested proposers must demonstrate detailed knowledge and experience in the delivery of quality home health care, fiscal competence and an ability to secure all required state and federal approvals within a reasonable time frame. Submitted proposals should include provision for the following services:
- Skilled Nursing
- Home Health Aid
- Nutritional Therapy
- Physical Therapy
- Medical Social Work
- Speech Therapy
- Occupational Therapy
- Respiratory Therapy
- Audiology
- Emergency Response System
- Personal Care Aid
No sale will be complete without required approvals. Furthermore, consistent with applicable federal and state law, interested buyers must evidence a commitment to provide these services to all Oswego County residents without regard to race, creed, color, physical or mental disability, national origin, economic status, political status, marital status or sexual orientation. Furthermore, Oswego County is seeking a long term renewable contract with the awarded entity to bill for Medicaid eligible services provided under Public Health Law, which includes Maternal Child Health Nursing home visits and other public health preventative services requiring CHHA certification to bill Medicaid.
Favorable consideration will be given to proposals that positively address the continued employment of the agency’s current staff, as well as willingness to entertain a management contract to be enacted during the transition process.
Interested agencies and organizations should send a proposal that provides qualifications of providing similar service and addresses the areas mentioned above. The proposal should also include detailed resumes of principal administrators and personnel together with audited financial reports detailing the organization's last two fiscal years. Recent NYS survey reports should also be submitted.