Competitive Model RFP without Instructions

2,009 views

Published on

Published in: Education, Technology
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
2,009
On SlideShare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
8
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Competitive Model RFP without Instructions

  1. 1. Federally Qualified Health Center Incubator Program Community Grants Texas Primary Care Office Website: http://www.dshs.state.tx.us/chpr/ RFP #: CSH/FQHC- 0150.1 Published April 25, 2005 Letters of Interest Due May 6, 2005(Requested but not required) Applications Due 2:00 p.m., May 27, 2005 1100 W. 49th Street Austin, Texas 78756-3199 Eduardo J. Sanchez, M.D., M.P.H.
  2. 2. Commissioner
  3. 3. TABLE OF CONTENTS INFORMATION ............................................................................................................... 5 I. INTRODUCTION ................................................................................................... 5 A. Eligible Applicants................................................................................... 6 B. Project and Budget Periods............................................................... 10 C. Use of Funds ........................................................................................... 13 D. Schedule of Events................................................................................ 13 II. PROGRAM INFORMATION ............................................................................... 14 A. General Purpose and Program Goals.................................................. 14 B. Background............................................................................................ 16 C. Legal Authority ...................................................................................... 18 D. Project Development ............................................................................. 18 E. Program Requirements ......................................................................... 19 F. DSHS Contact ........................................................................................ 19 G. DSHS Applicant Conference................................................................. 20 III. APPLICATION DEADLINE AND SUBMISSION ................................................ 20 A. Application Deadline ............................................................................. 20 B. Submission ............................................................................................ 20 IV. APPLICATION REVIEW, SELECTION & NEGOTIATION................................. 21 A. Screening Process ................................................................................ 21 B. Evaluation Process................................................................................ 22 C. Evaluation Criteria ................................................................................. 22 D. Selection and Negotiation..................................................................... 25 V. DSHS ADMINISTRATIVE INFORMATION......................................................... 26 A. Incurring Costs and Rejection of Applications................................... 26 B. Right to Amend or Withdraw RFP ........................................................ 26 C. Authority to Bind DSHS ........................................................................ 26 D. Contracts with Sub-contractors ........................................................... 26 E. Historically Underutilized Business (HUB) Participation................... 27 F. Contract Information ............................................................................. 35 G. Contract Award Protest Policy ............................................................. 36 CONTENT AND PREPARATION ................................................................................. 36 VI. APPLICATION CONTENT.................................................................................. 36 A. Instructions for Preparation ................................................................. 36 B. Confidential Information ....................................................................... 36 C. Table of Contents .................................................................................. 37 USE THE APPLICATION’S FORM B AS THE GUIDE FOR ORGANIZATION AND ARRANGING THE TABLE OF CONTENTS.................................. 37 VII. BLANK FORMS AND INSTRUCTIONS ............................................................. 37 FORM A: FACE PAGE – Application for Financial Assistance- RFP# CHS/FQHC-0150.1.................................................................................. 39 FORM A: FACE PAGE Instructions.................................................................. 40 FORM B: APPLICATION CHECKLIST .............................................................. 41 Page 3 FQHC Incubator Program RFP FY 2006
  4. 4. FORM B-1: HUB CHECK LIST........................................................................... 43 FORM C: CONTACT PERSON INFORMATION ................................................ 44 FORM D: ADMINISTRATIVE INFORMATION ................................................... 45 FORM E: SITE INFORMATION .......................................................................... 47 FORM F: FUNDING INFORMATION.................................................................. 48 FORM F a PROJECT ABSTRACT ..................................................................... 49 FORM G: APPLICANT BACKGROUND ............................................................ 50 FORM H: ASSESSMENT NARRATIVE ............................................................. 51 FORM H: ASSESSMENT NARRATIVE Guidelines .......................................... 52 FORM I: FQHC COLLABORATION NARRATIVE ............................................. 53 FORM J: FQHC FUNDING FEASIBILITY NARRATIVE .................................... 54 FORM J a FUNDING FEASIBILITY CHECKLIST .............................................. 55 FORM J b: SERVICES PROVIDED FY 05 & PROPOSED FY 06 ..................... 58 FORM J c: STAFF PROFILE.............................................................................. 59 FORM J d: HEALTH CENTER AFFILIATION CHECKLIST .............................. 60 Form J e: CURRENT PATIENT POPULATION AND REVENUE INFO ............ 63 FORM K: SUSTAINABILITY NARRATIVE ........................................................ 65 FORM K a: SUSTAINABILITY: EXPENDITURE AND PROJECT BUDGET REPORT.................................................................................................. 67 FORM L: PERFORMANCE MEASURES ........................................................... 69 FORM M: DELIVERABLES AND PAYMENT SCHEDULE Instructions .......... 87 FORM N: DSHS GRANT/CONTRACT APPLICANTS HUB ATTACHMENTS .. 90 Form N-1 HUB Subcontracting Plan ................................................................ 93 Form N-2: HUB Subcontracting Plan (HSP) .................................................. 100 Prime Contractor Progress Assessment Report.......................................... 100 Form N-3: Self Performance ........................................................................... 101 HUB Subcontracting Plan (HSP) .................................................................... 101 FORM O: NONPROFIT BOARD OF DIRECTORS AND EXECUTIVE DIRECTOR ASSURANCES FORM ...................................................... 102 FORM P: CURRENT BOARD OF DIRECTORS CHARACTERISTICS*.......... 103 APPENDIX A DSHS ASSURANCES AND CERTIFICATIONS ....................... 104 APPENDIX B STANDARDS FOR EVIDENCE OF ........................................... 109 COMPLETED DELIVERABLE.......................................................................... 109 APPENDIX C CONTACT AND REFERENCE INFORMATION........................ 120 APPENDIX D BPHC POLICY INFORMATION NOTICE 98-23........................ 121 APPENDIX E 200 POOREST COUNTIES........................................................ 146 Page 4 FQHC Incubator Program RFP FY 2006
  5. 5. INFORMATION I. INTRODUCTION The Texas Department of State Health Services (DSHS) Texas Primary Care Office (TPCO) announces the expected availability of fiscal years (FY) 2006-2007 General Revenue to provide funds to support the development of Federally Qualified Health Centers (FQHCs) through four components described in A. Eligible Applicants: 1. Planning Grants 2. Development Grants 3. Transitional Operating Support (TOS) Grants 4. Capital Improvement Grants Eligible applicants may submit a single proposal requesting funding for one component listed above, or a single proposal for one of the combinations listed below : Planning and Development Grants Development and Transitional Operating Support (TOS) Grants TOS and Capital Improvement Grants Current FQHC Incubator grantees may be eligible to apply for this funding. However, there are changes in the total amount of funds that can be requested by a current or previous FQHC Incubator grantee. An organization designated as a FQHC in fiscal years 2004 or 2005 is eligible to apply for FQHC Incubator Program funds only if the organization is eligible for the federal application, New Access Point (NAP), Expanded Medical Capacity (EMC), or Services Expansion-Oral Health and/or Mental Health and Substance Abuse for which it intends to apply. TPCO will use the most recent federal guidance (FY 2005 Policy Information Notices) as a reference for applicant eligibility. Organizations that will be designated as a FQHC on or before December 1, 2005 are eligible to apply for FQHC Incubator Program grants. Although not required, DSHS is requesting that interested applicants send an e-mail indicating their interest in applying for FQHC Incubator Funds. This letter of interest needs not include potential program designs or the amount of funding sought. The Letter of Interest will not factor into the evaluation process, but will be used to ensure a timely review and evaluation process. Please e-mail Letter of Interest by May 6, 2005: Bill.Walk@dshs.state.tx.us Page 5 FQHC Incubator Program RFP FY 2006
  6. 6. This Request for Proposal (RFP) contains the requirements that all applicants must meet to be considered for funding. Failure to comply with these requirements will result in disqualification of the applicant without further consideration. Each applicant is solely responsible for the preparation and submission of an application in accordance with instructions contained in this RFP. Before completing the application, refer to any relevant program standards provided in SECTION II. PROGRAM INFORMATION. Other sections within the RFP may contain additional instructions pertaining to unique program requirements set forth in legislation or regulations. Definitions for grant contract terms used in this document are located at: http://www.tdh.state.tx.us./grants/faq.htm#Definitions. PLEASE READ THIS RFP COMPLETELY BEFORE PREPARING YOUR APPLICATION. A. Eligible Applicants Eligible applicants include public and private non- profit entities, but more specific eligibility criteria applicable for each FQHC Incubator Component are detailed below. If applicant is currently debarred, suspended, or otherwise excluded or ineligible for participation in Federal or State assistance programs, applicant is ineligible to apply for funds under this RFP. Grant funds will not be awarded to fund organizations that cannot or choose not to meet the requirements of Federally Qualified Health Centers (FQHC) as outlined in Public Health Service Act, Section 330, Public Law 104-299, codified as 42 U.S.C. 254b et seq., or the Bureau of Primary Health Care’s Program Information Notice 98-23 (hereinafter referred to as “PIN 98-23”- see APPENDIX D for a copy of PIN 98-23) and any other policy or statutes relating to FQHCs as determined by DSHS. DSHS may fund an organization while the organization is in the process of complying with the above statutes and policies as long as the organization provides verifiable evidence of its intent and progress in complying with the required statutes and policies. DSHS will make the final determination of an organization’s ability and intent to comply with the required statutes and requirements. The FQHC Incubator Program is comprised of four components: 1. Planning Grants 2. Development Grants 3. TOS Grants 4. Capital Improvement Grants The eligibility criteria become more restrictive with each component. With the exception of organizations applying only for Planning Grants, all or part of the applicant’s target area or population must be designated as a Medically Underserved Area or Population (MUA/P). As grantees move from one Page 6 FQHC Incubator Program RFP FY 2006
  7. 7. component to the next, the organizations should increasingly resemble a FQHC. All applicants must meet the eligibility criteria outlined in each component described below. All applicant organizations must fall into one of three organizational categories: • a currently-designated FQHC or Federally Qualified Health Center Look-Alike (FQHC-LA); • an Internal Revenue Service (I.R.S)-designated non-profit 501(c)(3) organization, including but not limited to, hospitals and community organizations; or, • a public entity such as a county, city, or local public health department; hospital; or health district; and local governments. Additionally, all non-profit organization applicants must provide a copy of a currently valid I.R.S. Tax Exempt Certificate. The I.R.S. Exempt Certificate should be placed in the FORM J section, “FQHC Funding Feasibility Narrative” after completed forms J a through J e. A copy of this document must be provided, whether or not it may already be on file with DSHS. Under each component (Planning, Development, TOS and Capital Improvements) applicants should identify the eligibility criteria for the appropriate organizational category. Organizational categories are separated by the word “OR”. Under some components, an organization may have to meet several criteria. Planning Grants-Eligible Applicants: • Current FQHCs or FQHC-LAs; OR • An I.R.S-designated non-profit 501 (c)(3) organization, including but not limited to hospitals, community organizations; OR • Public entities (county, city, or local public health departments; hospital or health districts; and local governments). Planning Grant requests must include a letter from DSHS indicating that the area is designated or a designation request is pending at the federal Shortage Designation Branch. Applicants for Planning Grant money only may document its MUA/P through a pending request with the TPCO. If not already designated, interested Planning Grant applicants should contact the DSHS/TPCO to request a designation (see APPENDIX C). Development Grants-Eligible Applicants: In addition to meeting one of the organizational categories requirements Page 7 FQHC Incubator Program RFP FY 2006
  8. 8. stated below, applicants for Development Grants should submit a board approved resolution stating that the organization intends to meet the requirements found in PIN 98-23 and will submit a federal application for certification as a FQHC-LA and a Section 330 Grant application in fiscal years 2006 or 2007. • Current FQHCs or FQHC-LAs OR • Current non-profit organizations that meet A or B: A) An I.R.S.-designated non-profit 501(c)(3) organization that has met the requirements found in Bureau of Primary Health Care (BPHC) PIN 98-23; or B) An I.R.S.-designated non-profit organization that is not currently compliant with PIN 98-23. The applicant must submit a board approved resolution stating that the applicant intends to meet the requirements by September 1, 2005 by doing one of the following: 1.) Change applicant board composition and by-laws to meet the federal BPHC governance requirements found in PIN 98-23; or 2.) Create a separate, independent 501(c) (3) organization and submit an application for tax-exempt status to the I.R.S. by September 1, 2005. This new spin-off organization must meet the governance requirements as found in PIN 98-23 and have a signed Memorandum Of Understanding (MOU) indicating that this second organization will be the federal FQHC applicant. (Applicants may identify and include potential or prospective clinic users as governing board members if the clinic is not currently operational.) OR • A public entity (county, city, or local public health department, hospital or health district; and local government) that meets A or B: A) Has a “co-applicant” board that meets the governance requirements described in BPHC PINs 98-23, 97-27, 98-24 and 99-09, and an affiliation agreement between the co- applicant board and the government entity that comply with the requirements listed on the Health Center Affiliation Checklist (FORM J d, “Health Center Affiliation Checklist”); or B) By September 1, 2005, has established an advisory board comprised of 51% users of the clinic services (or potential, prospective clinic users if the clinic is not currently operational) with the authority outlined in PIN 98-23 that will transition to the “co-applicant board” 30 days before application for certification as a FQHC-LA is submitted to the BPHC. Also by September 1, 2005 an affiliation agreement between the co- applicant board and the government entity that meets the Health Center Affiliation Checklist requirements (FORM J d) must be prepared, approved by both boards and submitted. Page 8 FQHC Incubator Program RFP FY 2006
  9. 9. Transitional Operating Support Grants-Eligible Applicants: All applicants must have a clinic facility that is already operational or ready to begin operations by November 30, 2005. In addition to meeting one of the organization categories requirements stated below, all applicants for a TOS Grant must submit a board approved resolution stating that: a) the organization meets all of the requirements found in PIN 98-23, and b) the organization will submit a federal application for FQHC-LA certification on or before February 1, 2006 and a federal grant application (NAP, EMC, or Service Expansion) in FY 2006 for which it is eligible. TPCO will not release TOS funds until the grant contractor has met the Mission and Strategy and Governance requirements found in PIN 98-23. Organizations that will be designated as a FQHC on or before December 1, 2005 are eligible to apply for FQHC Incubator Program grants. • Current FQHC or FQHC-LAs; OR • An I.R.S. designated non-profit 501(c)(3) organization that meets the Mission and Strategy and Governance requirements of PIN 98-23; OR • A public entity (county, city, or local public health department, hospital or health district; or local government) that has a co-applicant board meeting the governance requirements described in PINs 98-23, 97-27,98-24 and 99-09 with affiliation agreements between the co-applicant board and the government entity that meet the requirements found in Health Center Affiliation Checklist FORM J d. Capital Improvement Grant-Eligible Applicants: In addition to meeting one of the requirements stated below, all applicants for a Capital Improvement Grant must submit a board approved resolution stating that: a) the organization meets all of the requirements found in PIN 98-23, and b) will submit a federal application for FQHC-LA certification on or before February 1, 2006 and a federal grant application (NAP, EMC, or Service Expansion) for which it is eligible in FY 2006. With the exception of existing FQHC’s, no organization may receive more than $100,000 in Incubator Capital Improvement Grant funds during FY 2004, 2005, and 2006 combined. • Current FQHCs or FQHC-LAs; OR • I.R.S.-designated non-profit organizations meeting the Mission and Strategy and Governance requirements of PIN 98-23; OR Page 9 FQHC Incubator Program RFP FY 2006
  10. 10. • A public entity (county, city, or local public health department; hospital or health district; and local government) that has a co-applicant board meeting the Mission and Strategy and Governance requirements described in PINs 98-23, 97-27, 98-24 and 99-09 with an affiliation agreement between the co-applicant board and the government entity complies with the requirements listed on the Health Center Affiliation Checklist FORM J d. Planning Grant & Development Grant - Eligible Applicants: Refer to Section I A. Development Grant - Eligible Applicant requirements. Development Grant & Transitional Operating Support – Eligible Applicants: Refer to Section I A. Transitional Operating Support – Eligible Applicant requirements. Transitional Operating Support & Capital Improvement Grant – Eligible Applicants: Refer to Section I A. Transitional Operating Support – Eligible Applicant requirements. B. Project and Budget Periods It is expected that the contract will begin on or about September 1, 2005, and will be made for a six-month budget period within a six-month project period. A second competitive Request for Proposal will be issued for March through August 2006 budget period. Approximately $4.85 million is expected to be available during FY 2006. However, this may be reduced pending the adoption and certification of the Fiscal Years 2006-2007 General Appropriations Act. This RFP is contingent upon the continued availability of funding. DSHS reserves the right to alter, amend or withdraw this RFP at any time prior to the execution of a contract if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or agencies, amendment of the appropriations act, health and human services agency consolidations, or any other disruption of current appropriations. If a contract has been fully executed and these circumstances arise, the provisions of the Termination Article in the contract General Provisions shall apply. Continued funding in future years is contingent upon the availability of funds and the satisfactory performance of the contractor during the prior budget period. Funding may vary and is subject to change each budget period. If applicant organization has been awarded FQHC Incubator Program grant awards Page 10 FQHC Incubator Program RFP FY 2006
  11. 11. in FY 04 and/or FY 05 as either an applicant organization or as a spin-off organization, use Table 1 to determine the total amount that can be requested in this application. TABLE 1 If applicant’s individual component awards for FY 04 and FY 05 are equal to or are greater than the amount in Column A, the applicant may apply for up to the amount listed in Column B. If applicant has been awarded less than the amount in Column A, applicant may apply for the remaining amount in Column A, or the amount in Column B, whichever is greater. Column A Column B Planning $ 5,000.00 -0- Development $ 50,000.00 $15,000.00 TOS $250,000.00 $125,000 Capital Improvement $100,000.00 -0- Capital Improvement for existing FQHCs for new site not $100,000.00 $100,000.00 previously funded through FQHC Incubator Program. If applicant organization has not been awarded FQHC Incubator Program grant awards in FY 04 and/or FY 05 use Table 2 to determine total amount that can be requested in this application. TABLE 2 If applicant has not been awarded grants for FY 04 and/or FY 05, the applicant may apply for the following maximum awards. Planning $ 5,000.00 Development $ 50,000.00 TOS $250,000.00 Capital Improvement $100,000.00 The specific dollar amount awarded to each applicant depends upon the merit and scope of the proposed project and the ability to secure an FQHC-LA certification or new or additional FQHC grant funding. FQHCs should include in the application specific information about the use of internal cash resources to develop a new satellite, expand medical capacity, or develop oral health, mental health and substance abuse services. This may be done through the narrative and the budget. FQHCs are expected to demonstrate a significant amount of funds from other resources to leverage the FQHC Incubator Page 11 FQHC Incubator Program RFP FY 2006
  12. 12. Program request. It is the intention of the TPCO to make awards in the following order: 1) To applicants that specifically develop or locate primary health care services in counties that are considered eligible under the nation’s 200 poorest counties. Although no specific Program Information Notices (PINs) have been released by the Bureau of Primary Health Care/HRSA regarding the placement of community health centers in the nation’s 200 poorest counties that do not have a FQHC, the DSHS will give priority consideration to applicants that propose to locate primary health care services in an eligible county. Although Federal guidance/criteria for the nation’s poorest counties have not been released as of April 22, 2005. Thirty-one of the 200 poorest counties appear to be in Texas. The DSHS has developed a listing of potential Texas counties for reference. See Appendix E. 2) To FQHCs for satellites, Expanded Medical Capacity, and/or service expansion proposals; 3) To non-profit organizations that will be designated as a FQHC on or before December 1 2005; 4) To non-profit organizations that have received FQHC Incubator Program awards in FY 2005 or are FQHC-LAs; 5) To non-profit organizations or public entity applicants that currently provide at least 32 hours of primary health care services: and, a. Have or will incorporate necessary changes to their existing organizations to comply with the program expectations found in PIN 98- 23 (such as by-laws, adding oral health, mental health and substance abuse services, hiring CEO, CFO, CMO, etc.); and, b. Will seek certification as a FQHC-LA in FY 2006 and NAP, if appropriate; and, 6) To non-profit organizations that do not currently operate a clinic or have not met Mission and Strategy and Governance expectations found in Policy Information Notice (PIN) 98-23. The contract will include a deliverables-based budget instead of the usual categorical budget. A deliverables budget pays a predetermined amount to the contractor once an acceptable “deliverable” is provided to DSHS. In the case of the FQHC Incubator Program, contractors will be paid based on their accomplishment of Performance Standards outlined in APPENDIX B Standards for Evidence of Completed Deliverables. Federal guidelines were used to develop the Standards for Evidence of Completed Deliverables and Page 12 FQHC Incubator Program RFP FY 2006
  13. 13. may be referred to when evaluating deliverables for determining acceptability and payment. When developing a budget, the applicant will identify Performance Measures (Deliverables) that must be completed to become a FQHC-LA and seek Section 330 grant support. For example, out of the numerous Performance Measures outlined in the Performance Measures, for a development grant, the applicant can request to be paid a certain amount once it has developed and implemented a Board of Directors that meets the governance requirements of PIN 98-23, or has submitted a draft FQHC-LA application. The applicant determines how much funding to request for specific deliverables, and the amount is finalized during contract negotiations with TPCO. The request should be reasonable and based on market value. With a deliverables based budget, a contractor cannot be paid until the deliverables are accomplished and accepted by DSHS. The DSHS reserves the right to alter, amend or withdraw this RFP at any time prior to the execution of the contract if funds become unavailable through the lack of appropriations, budget cuts, transfer of funds between programs or agencies, amendment of the appropriation act, health and human services agency consolidations, or any other disruption of current appropriations. If a contract has been fully executed and these circumstances arise, the provisions of the Termination Article in the contract General Provisions shall apply. C. Use of Funds Funds are awarded for a specifically defined purpose and shall not be used for any other project. Funds may be used to support the sustainable development or expansion of a FQHC and FQHC-LAs. Funds cannot be used to replace local or state funds. Funds will not be used to support an organization that: • does not intend to meet the requirements of PIN 98-23 or other federal guidance found in such PINs as 97-27,98-24 or 99-09; • is not eligible for the federal application as determined by the most recent PIN for that service expansion (NAP, EMC or Service Expansion); and/or • does not intend to apply for certification as an FQHC-LA, or FQHC service expansion grants. D. Schedule of Events 1. Post to the Electronic State Business Daily (ESBD) 04/25/05 2. Issuance of RFP 04/25/05 3. Letters of Interest submitted (requested, but not required) 05/06/05 4. Applicant Conference 05/10/05 5. Deadline for Submitting Questions 05/12/05 6. Final Posting of Answers to Questions 05/17/05 7. Deadline for Submission of Applications 05/27/05 Page 13 FQHC Incubator Program RFP FY 2006
  14. 14. 8. Post Awards on Electronic State Business Daily (ESBD) 06/27/05 9. Mail Contract (s) to Awarded Applicants for Signature 08/01/05 10. Expected Contract Begin Date 09/01/05 II. PROGRAM INFORMATION A. General Purpose and Program Goals The purpose of the Incubator Program is to prepare clinics to apply for and receive new or additional support as a FQHC and to secure FQHC-LA certification. This is a seed funding initiative and grant funds are not intended to be the sole source of funding for an organization pursuing designation as a FQHC or certification as a FQHC-LA or service expansion. DSHS will supervise each grantee to ensure that appropriate strategic steps are undertaken to promote grantees’ long-term sustainability. Component 1: Planning Grants are designed to support specific technical assistance activities that are key to successful FQHC applications. For example, clinics must develop a realistic analysis, understanding, and commitment to FQHC funding and demonstrate that it is a viable option for them. Planning grants will support organizational feasibility studies; analysis of need and asset mapping; financial impact analysis including patient payer mix; basic training on FQHC requirements; development of a work plan for submitting an application to the BPHC; development of basic collaborations necessary to support more intensive development efforts; preparation of 501(c)(3) applications, and other necessary planning activities. Refer to APPENDIX B, “Standards for Evidence of Completed Deliverables-Feasibility Study”. Organizations with well-developed internal capacities (i.e. existing FQHCs, hospitals, local health departments, etc.) will be expected to leverage additional resources in the planning process. Component 2: Development Grants provide support for development of the complex organizational and collaborative capacities required of FQHCs as well as development of a FQHC-LA and Section 330 federal grant proposal. One of the most effective methods to demonstrate organizational and collaborative capacity for organizations that are not FQHCs is to become a FQHC-LA clinic. Applicants are required to use these funds to support development of a FQHC-LA application as well as the more in-depth proposal for full Section 330 funding/FQHC designation if appropriate to the organization. Applicants who have not completed Planning Grant criteria should consider applying for a Planning Grant. Development Grants will support grant writers, technical assistance on grant proposals or any individual component of the proposal; staffing to develop collaborative and organizational capacities; training for staff or board members; technical assistance on developing and implementing policies and procedures; and other activities necessary to develop a FQHC. Refer to APPENDIX B Page 14 FQHC Incubator Program RFP FY 2006
  15. 15. “Standards for Evidence of Completed Deliverables-Governance, Health Care Plan, Service Delivery Plan, etc.” Organizations with well-developed internal capacities (i.e. existing FQHCs, hospitals, local health departments, etc.) will be expected to leverage additional resources in the development process. Component 3: Transitional Operating Support is the most significant source of grant support. The purpose of Transitional Operating Support is to operationalize community-based clinics to meet FQHC requirements. This applies to both current FQHCs,FQHC-LAs and non-FQHCs. Sites that are operational and demonstrating their ability to comply with health center expectations through FQHC-LA status are more likely to leverage federal funds than those organizations proposing brand new clinics and services. Transitional Operating Support will fund salaries, medical supplies, contractual medical services, physician and management recruitment and retention efforts, technical support for information systems, and other activities necessary to operate a sustainable clinic that meets the requirements of FQHC-LA’s. The TPCO will not release TOS until the grant contractor has met the Mission and Strategy and Governance requirements found in PIN 98-23. The TPCO expects that clinics receiving TOS will sustain at least the same level of operations after TOS ends regardless of whether the clinic receives new or expanded federal FQHC grant funding. For organizations that are not currently FQHCs, the FQHC-LA certification is one method to sustain operations since it provides enhanced reimbursement from Medicaid and Medicare that is based on the actual cost of providing services. FQHCs may use TOS to support a satellite clinic or expanded services at a current location. Since satellite clinics within a clinic’s current scope of service are excluded from applying as a NAP clinic, the FQHC could use TOS for a new satellite clinic and apply for a change of scope with the BPHC and then apply for EMC from the BPHC. The federal FQHC grant is for expanded services. Therefore, all applicants should plan strategically and use TOS to establish the minimum services necessary. For non-FQHCs, the minimum level would be those services required for a FQHC-LA certification (PIN 2003-21). For existing FQHCs, the minimum level would be what the FQHC could sustain after the Incubator Program ends if additional federal funds are not secured. These funds will not support services that are currently being supported by a FQHC or any other type of funding. Supplantation of funds, or the replacement of local dollars with state funds is strictly prohibited. Page 15 FQHC Incubator Program RFP FY 2006
  16. 16. Refer to APPENDIX B “Standards for Evidence of Completed Deliverables- Governance, Health Care Plan, Service Delivery Plan, etc.” Organizations with well-developed internal capacities (i.e. existing FQHCs, hospitals, local health departments, etc.) will be expected to leverage additional resources in operating the clinic. Component 4: Capital Improvement Grants are designed to provide sufficient physical infrastructure for clinics to apply for FQHC-LA status as well as new or expanded FQHC funding. This component is intended to support those clinics that need capital support to become operational. Capital Improvement Grants may be used to purchase equipment and/or make alterations and renovations to an existing facility. Examples of eligible capital expenditures include medical equipment, management information systems including hardware and software, altering the office configuration of an existing facility, and converting existing space for use as a medical facility, and/or leasing a facility. These funds may not be used to construct new buildings or to add space on to an existing facility (i.e. add a new wing to an existing building). With the exception of existing FQHCs, no organization may receive more than $100,000 in Incubator Capital Improvement Grant funding during FY 2004, 2005, 2006 combined. Organizations with well-developed internal capacities (i.e. existing FQHCs, hospitals, local health departments, etc.) will be expected to leverage additional resources in operating the clinic. B. Background Federally Qualified Health Centers. FQHCs are public or not-for-profit, consumer-directed health care corporations which provide high quality, cost-effective and comprehensive primary and preventive care to medically underserved and uninsured people. This nationwide network of safety-net providers is primarily comprised of health centers which are supported by federal grants under the US Public Health Service Act (PHSA): Community Health Centers, Migrant Health Centers, Health Care for the Homeless Programs, Public Housing Primary Care Programs and Urban Indian and Tribal Health Centers. These providers must meet rigorous federal standards related to quality of care and services as well as cost, and are qualified to receive enhanced reimbursement under Medicaid and Medicare law. Federally Qualified Health Center Look-Alikes. FQHC-LAs meet the same basic qualifications as regular FQHCs: they are public or not-for-profit, furnish services to anyone regardless of ability to pay, and have consumer boards made up of a majority of patients (at least 51% must be consumers of center services). However, these centers are not official FQHCs because there are insufficient funds for them to receive Public Health Service grants. Page 16 FQHC Incubator Program RFP FY 2006
  17. 17. Because they "look like" FQHCs, they receive the same enhanced reimbursement and access to 340(b) discount drug pricing program as FQHCs. Community Health Centers. Originally known as neighborhood health centers in the mid-1960s, community health centers provide comprehensive primary medical care services with a culturally sensitive, family-oriented focus to anyone needing care regardless of ability to pay. These centers tailor their services to meet the specific needs of the community and its special populations that include the homeless, migrant and seasonal farm workers, people infected with HIV/ AIDS, the elderly and people who abuse alcohol and other drugs. In addition, users of health center services make up a majority of centers' governing boards. The Community Health Center Program is a federal grant program funded under Section 330 of the PHSA to provide for primary and preventive health care services in medically- underserved areas throughout the U.S. and its territories. Migrant Health Centers. The Migrant Health Act was passed in 1962 to provide a broad array of medical and support services to migrant and seasonal farm workers and their families (authorized under Section 329 of the PHSA). Migrant health centers are linked or integrated with hospital services and other health and social services existing within the services area. They use lay outreach workers (“promotoras”, or migrant farm workers trained as health educators), bilingual/ bicultural health personnel and culturally appropriate protocols. Health Care for the Homeless (HCH) programs. Established under the Stewart B. McKinney Homeless Assistance Act of 1987 and authorized under Section 340 of the PHSA, HCH programs are intended to improve access for homeless people to primary health care and substance abuse treatment services. Public Housing Primary Care (PHPC) programs. The PHPC program was established under the Disadvantaged Minority Health Improvement Act of 1990, which amended the PHSA to add Section 340A. The PHPC program was developed to improve the health of residents of public housing by providing accessible and comprehensive preventive and primary health care services. Recipients of PHPC federal funds include resident management corporations, community health centers and Health Care for the Homeless Programs. The President’s Initiative. President Bush has implemented a five-year plan to support new FQHCs or expand existing FQHCs. A key component of the President’s Initiative is to double the number of people served by community health centers by making awards to 1200 applicants over a five- year period through New Access Point, Service Expansion, and Expanded Medical Capacity grants. Since 2002, including awards announced on April 11, 2005, HHS has funded more than 700 new or expanded health centers Page 17 FQHC Incubator Program RFP FY 2006
  18. 18. and increased the number of patients served annually to 13.2 million (estimate for Calendar Year 2004). The Texas FQHC Incubator Program. This program is designed to support local efforts and collaborations to develop FQHCs including but not limited to FQHC-LAs and work through the development and application process. One of the barriers has been a lack of expertise on how to develop FQHCs. This program will support increasing local expertise on FQHCs development as well as securing more technical assistance resources for local communities. Another barrier has been an absence of in-depth collaboration from all of the interested human service sectors including mental health, dental health, transportation, and other primary care providers. The Incubator Program supports the involvement of these groups in the planning process and the investigation of best practice models to address each of these issues. The Incubator Program seeks to increase New Access Point funding as well as funding for Service Expansion and Expanded Medical Capacity. The strategy of the Incubator Program is to increase local capacity in a sustainable manner. Therefore, the Incubator Program requires securing FQHC Look-Alike certification in the process of pursuing full FQHC funding as a method of long-term sustainability. For existing FQHCs, any services added under the Incubator Program should be sustainable regardless of whether additional federal funds are secured. FQHC-LA’s receive many benefits that will increase sustainability. FQHC- LAs are compensated by Medicaid and Medicare based on the actual expense of delivering care instead of the standard allowable costs. FQHC- LAs receive access to 340(b) drug pricing discounts and may receive National Health Service Corps scholars and loan repayment providers, and other federal programs. FQHC-LAs do not receive coverage under the Federal Tort Claims Act, which means they must purchase medical malpractice insurance. C. Legal Authority This program is authorized by Health & Safety Code, §31.017. D. Project Development Applicants are encouraged to participate in local and regional planning activities, including collaboration with existing or potential FQHCs. For general information on local planning activities, contact your local health department or DSHS Regional Health Department. For specific planning activities related to FQHCs, contact the Texas Association of Community Health Centers (TACHC) and the TPCO DSHS. Communities are also strongly encouraged to involve other human service Page 18 FQHC Incubator Program RFP FY 2006
  19. 19. providers in the FQHC development process especially mental health, dental, transportation, hospitals, and private providers. E. Program Requirements For those entities receiving TOS and/or Capital Improvement Grants, contractors must conduct project activities in accordance with the new DSHS Standards for Public Health Clinic Services, as well as program-related standards and/or requirements. A copy of the new Texas Department of State Health Services Standards for Public Health Clinic Services is posted on DSHS website at http://www.dshs.state.tx.us/qamonitoring. Contractors are required to conduct project activities in accordance with various federal and state laws prohibiting discrimination. Guidance for adhering to non-discrimination requisites can be found on the following website:http://www.hhs.state.tx.us/aboutHHS/CivilRights.shtml#learn. All fees and income generated as a result of an awarded contract shall be used to enhance the sustainability of the services to the target population. F. DSHS Contact For questions concerning this RFP, contact Bill Walk. All communications concerning this RFP shall be addressed in writing, by fax, or by e-mail to: Bill Walk Client Services Contracting Unit (CSCU) Room T-502 Texas Department of State Health Services 1100 West 49th Street Austin, Texas 78756-3199 FAX (512) 458-7351 Email: Bill.Walk@dshs.state.tx.us Upon issuance of this RFP, other employees and representatives of DSHS will not answer questions or discuss the contents of the RFP with any potential applicants or their representatives. Failure to observe this restriction may result in disqualification of any subsequent proposal. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this RFP. Written inquiries or questions about this RFP must be received no later than 5:00 p.m. CDT on May 12, 2005. Questions submitted after this date and time will not be answered. Questions will not be answered verbally. Questions shall be submitted by e-mail or faxed to the address or telephone number above. Page 19 FQHC Incubator Program RFP FY 2006
  20. 20. All questions and answers will be posted on the Electronic State Business Daily (ESBD) at http://esbd.tbpc.state.tx.us/1380/sagency.cfm. Postings may be made as questions are answered; however, all questions will be answered and posted no later than 5:00 p.m. CDT on May 17, 2005. Below are steps to navigate the ESBD web site to view all documents posted related to this RFP including questions and answers. 1. On the ESBD page, under the Browse heading: For the Agency Field, click Name then select Department of State Health Services from the pull down menu. For the Search Type Field, select Search Bid/Procurement Opportunities from the pull down menu. In the Agency Requisition Number field, type CSH/FQHC 0150.1 Leave the NIGP Class – Item Number field blank. For the Order Results By field, select your preference from the pull down menu. Click the FIND button. 2. All documents that are posted for this RFP will be displayed with a description of each document. 3. Click on the appropriate document or bid package to see the file. Client Services Contracting Unit (CSCU) is the point of contact with regard to all procurement and contractual matters relating to the services described herein. CSCU is the only office authorized to clarify, modify, amend, alter, or withdraw the project requirements, terms, and conditions of this RFP and any contract awarded as a result of this RFP. G. DSHS Applicant Conference The TPCO FQHC Incubator Program Applicant Conference will be held on Tuesday May 10, 2005 in M-739, Moreton Building, 1100 West 49th Street, Austin, from 10:30 a.m. to 1:30 p.m. III. APPLICATION DEADLINE AND SUBMISSION A. Application Deadline The original application and six (6) copies must be received on or before 2:00 p.m. CDT May 27, 2005. B. Submission The original application and six (6) copies must be submitted to: Bill Walk Client Service Contracting Unit (CSCU) Room T- 502 Texas Department of State Health Services Page 20 FQHC Incubator Program RFP FY 2006
  21. 21. 1100 West 49th Street Austin, Texas 78756-3199 Ref: RFP # CSH/FQHC -0150.1 If an application is sent by overnight mail or hand-delivered to the DSHS address above, the applicant should request a receipt at the time of delivery to verify that the application was received on or before the application due date and time. If an application is mailed, it is considered as meeting the deadline if it is received on or before the due date and time. DSHS will not accept applications by facsimile or e-mail. Applicants sending applications by the United States Postal Service or commercial delivery services must ensure that the carrier will be able to guarantee delivery of the application by the closing date and time. If an application is received after closing due to 1) carrier error, when the carrier accepted the package with a guarantee for delivery by the closing date and time, or 2) significant weather delays or natural disasters, DSHS will, upon receipt of proper documentation showing that the application would have been timely received except for the carrier error, significant weather delay or natural disaster, consider the application as having been received by the deadline. Applications that do not meet the above criteria will not be eligible for competition. IV. APPLICATION REVIEW, SELECTION & NEGOTIATION Applications will be reviewed according to the criteria below. To maximize fairness for all applications during review, DSHS staff may only confirm receipt of an application and are not permitted to discuss the application or its review during the review process. All applications remain with DSHS and are not returned to the applicant. A. Screening Process Applications are initially screened for eligibility and completeness. The preliminary screening requirements include: 1. Application received on or before the application due date and time. 2. The original application bears an original signature of the authorized official of the applicant organization on the Face Page. 3. The correct number of copies received along with the original application. APPLICATIONS THAT DO NOT MEET THESE REQUIREMENTS WILL NOT BE CONSIDERED FOR REVIEW. Page 21 FQHC Incubator Program RFP FY 2006
  22. 22. B. Evaluation Process Prior to the receipt of applications, TPCO will establish a review process. Applications will be reviewed by a combination of DSHS staff and external reviewers. Each application will be scored based upon the following Evaluation Criteria. The TPCO will have the final decision on awards. C. Evaluation Criteria Each application section may be reviewed as a single unit without complete review of the entire application. Therefore, applicants are encouraged to respond to each section request with complete and accurate information. Having placed requested information in another section and not repeating it if requested may lead to a lower score. The application sections as required in the Application Instructions will be weighted as follows: APPLICANT BACKGROUND Form G (Maximum 10 points) a. Applicant states its legal name and any affiliations; its overall purpose or mission statement; and a brief history of its accomplishments. b. Applicant describes its organizational structure, such as board of directors, officers, committees and management staff. c. Applicant describes its organizational involvement in primary care, dental, and/or mental health, cultural competency, and efforts to respond to community primary care needs. d. Applicant describes its work thus far on developing a FQHC including any training from TPCO or the TACHC. e. If applicant is preparing a spin-off I.R.S. designated non-profit organization, applicant provides a description of the originating organization and completes the information requested above for the new spin-off organization. ASSESSMENT NARRATIVE Form H (Maximum 10 Points) a. Applicant provides a brief synopsis of the community as a whole, including general descriptions of geographic boundaries (urban or rural, physical environment) and basic demographics (i.e. poverty, ethnicity, languages spoken). b. Applicant describes the target population, including geographic service area by county, census tracts, and zip codes as well as the characteristics of target population (including demographic and socioeconomic data specific to the target population). c. Applicant describes gaps in resources and potential barriers to developing a FQHC or FQHC-LA. Applicant that has not received FQHC Incubator Program grants in FY 04 or 05 provides a discussion of organizational and Page 22 FQHC Incubator Program RFP FY 2006
  23. 23. community barriers toward development of a FQHC, including issues related to meeting FQHC governance requirements, providing required services, and becoming operational; or Applicant that has received FQHC Incubator Program grants in FY 04 and/or FY 05 provide a discussion of remaining barriers to submitting a competitive Section 330 grant application and/or FQHC-LA application. d. Applicant includes MUA or MUP documentation. FQHC COLLABORATIVE NARRATIVE Form I (Maximum 10 points) a. Applicant provides a description of collaborative efforts. (If applicant is preparing a spin-off I.R.S. 501(c)(3) designated non-profit organization, that has not been fully developed yet, the originating organization’s collaborative efforts should be described.) b. Applicant demonstrates current collaborative efforts for this project, including partnerships to increase access to health care specific to this project. c. MOUs, support letters, or documented efforts to collaborate with: o existing FQHCs or FQHC-LAs; o rural health clinics; o hospitals; and, o clinical services not directly provided by applicant d. Applicant describes other sliding fee scale clinics in area and efforts to collaborate. e. Applicant describes MOUs for enabling services. f. Applicant describes coordination with TPCO and/or TACHC regarding this project. FQHC FUNDING FEASIBLITIY NARRATIVE Form J (a - e) (Maximum 20 points) a. Applicant describes the feasibility of securing new or expanded FQHC funding for applicant. b. If applicant is preparing a spin-off I.R.S-designated non-profit organization, applicant describes the originating organization’s ability to support the creation of an organization with staff, funding, etc., that will become a FQHC or FQHC-LAs. c. Applicant demonstrates commitment to develop a safety net clinic in the targeted community and its ability to overcome barriers as identified in Assessment Narrative (FORM H). d. Applicant demonstrates how the target area will support additional services. e. Applicant describes: o ability to comply with all of the program expectations (requirements) for FQHC –LA; o impact of becoming a FQHC-LA; or o impact (for existing FQHCs) of new or additional FQHC funding. Page 23 FQHC Incubator Program RFP FY 2006
  24. 24. f. Applicant describes previous governing board training on the program expectations/requirements for FQHC-LA. • FORM J a Funding Feasibility Checklist: Applicant demonstrates through the checklist the ability to develop a FQHC-LA. If a specific item is checked “NO”, applicant should include it in the performance measures (FORM L). Applicant should demonstrate consistency between those activities necessary to becoming a FQHC-LA and the performance measures and deliverables and payment schedule. • FORM J b Services Provided In FY 04 & Proposed FY 05: Applicant demonstrates ability through employed staff or contractual services to provide FQHC-LA required services. • FORM J c Staff Profile: Applicant demonstrates that staffing is consistent with performance measures to be completed and with implementation of FQHC required services. Applicant demonstrates it is not dependent on FQHC Incubator funds to support full staffing. • FORM J d Health Center Affiliation Checklist: Applicant demonstrates knowledge of BPHC affiliation requirements, completes form appropriately and attaches copies of MOUs and/or contracts. • FORM J e Current Patient Population and Revenue Information: This section is to be completed only by applicants for Development, TOS, and Capital Improvement Grants. • Applicant provides copy of valid I.R.S. tax-exempt certificate. SUSTAINABILITY NARRATIVE Form K (15 Points) & Form K a (5 Points) a. Applicant describes a sustainability plan for FY 06 including how operations will continue if new or additional federal FQHC funds are not secured. b. Applicant describes other resources that will be leveraged to make the clinic sustainable. If applicant is not applying for TOS or Capital Improvement Grants, applicant describes how sustainability will be included in development plans. c. If applicant has received FQHC Incubator Programs funds in FY 04 and/or FY 05, applicant identifies: o how local fundraising has contributed to clinic operations; and, o how payer mix (Medicaid, self pay, etc.) has impacted sustainability projections. d. All applicants submit board approved minutes and the accompanying financial statements with balance sheets from October 2004 through March 2005. e. Applicant provides Expenditure and Project Budget Report. PERFORMANCE MEASURES (and Action Steps) Form L (Maximum 20 points) a. Applicant describes performance measures that are specific, measurable, time-phased, and feasible. Page 24 FQHC Incubator Program RFP FY 2006
  25. 25. b. Applicant describes performance measures that have quantified outcomes and outputs, the number of outputs to be performed, and the efficiency with which they will be performed. c. Applicant describes performance measures that include detailed action steps, evidence of completion/deliverable, completion date, and payment. d. Applicant defines performance measures that are required in order to develop the organization for federal funding and to meet its contract (open for services, apply for FQHC-LA, etc). DELIVERABLES and PAYMENT SCHEDULE Form M (Maximum 10 points) a. Applicant provides a reasonable set of deliverables and payment schedule. b. Applicant defines deliverables that are sufficiently specific to performance measures and action steps. Applicant provides information consistent with Feasibility and Sustainability Narratives. D. Selection and Negotiation Once award decisions are made, DSHS staff is responsible for negotiating contracts to obtain the needed deliverables within the framework of the goals of the FQHC Incubator Program and available funds. As funds are limited, it is expected that the applicants selected for contract awards may be asked to revise the deliverables, as well as the goals and objectives, of their proposals in order to achieve the FQHC Incubator Program goals within available funding limits. This process is commonly referred to as contract negotiation. Applicant shall submit written revisions reflecting negotiated changes. Once the contract negotiation process is complete, the Texas Primary Care Office initiates the development of a contract. Organizations receiving FQHC Incubator Program grant awards should be prepared to conduct contract negotiations beginning the week of June 27, 2005. A posting to the Electronic State Business Daily (ESBD) board will be made of each applicant whose proposal is selected for a contract. This posting does not constitute a fully executed contract. Providers who commence work without a contract signed by both parties are at risk of being unable to invoice DSHS for those services and expenses. If an organization does not meet the deliverables and timelines specified in the contract, DSHS will withdraw, decline to release, and/or suspend payments to an organization. If the BPHC or any other federal agency changes any of the policies related to FQHCs or FQHC-LAs, DSHS may amend any existing contract based on those changes. Page 25 FQHC Incubator Program RFP FY 2006
  26. 26. Awarded applicants must encumber all expenses and meet all deliverables by February 28, 2006. V. DSHS ADMINISTRATIVE INFORMATION A. Incurring Costs and Rejection of Applications Any costs incurred in the preparation of this application shall be borne by the applicant and are not allowable costs. DSHS reserves the right to reject any or all applications and is not liable for any costs incurred by the applicant in the development, submission, or review of this application. B. Right to Amend or Withdraw RFP DSHS reserves the right to alter, amend, or modify any provisions of this RFP or to withdraw this RFP at any time prior to the execution of a contract if it is in the best interest of DSHS and the State of Texas. The decision of DSHS is administratively final. Amendment or withdrawal of the RFP will be posted to the ESBD. C. Authority to Bind DSHS For the purposes of this RFP, the Commissioner of Health, Chief Operating Officer, Executive Deputy Commissioner, Chief Financial Officer or designee(s), are the only individuals who may legally commit DSHS to the expenditure of public funds. No costs chargeable to the proposed contract will be reimbursed before the contract is fully executed by the Enterprise Contract and Procurement Services Division. DSHS will not reimburse expenses incurred by the contractor prior to the effective date of the contract. D. Contracts with Sub-contractors The selected applicant may enter into procurement contracts with vendors. The selected applicant is responsible for the performance of any subcontractor. If the applicant enters into procurement contracts with vendors, the documents shall be in writing and shall comply with the requirements specified in the Contracts with Subcontractors articles in the FQHC General Provisions for DSHS Grant Contracts. The contract general provisions are available online at http://www.DSHS.state.tx.us/grants/form_doc.htm. If an applicant plans to enter into a contract in which a vendor will receive a substantial portion of the scope of the project, i.e., $25,000 or 25% of the applicant’s funding request, whichever is greater, the applicant shall submit justification to DSHS and receive prior written approval from DSHS before entering into the contract. Page 26 FQHC Incubator Program RFP FY 2006
  27. 27. E. Historically Underutilized Business (HUB) Participation Note to All Respondents: Texas law provides that a proposal filed in response to this RFP that does not contain a historically underutilized business subcontracting plan is non-responsive, in accordance with Texas Government Code § 2161.252. Introduction This section sets forth requirements that every proposal must meet in order to comply with state laws and administrative rules regarding HUBs. Respondents should read this article carefully before preparing a proposal. The Department of State Health Services (DSHS) is committed to promoting full and equal business opportunities for all businesses in State contracting in accordance with the goals specified in the State of Texas Disparity Study. DSHS has adopted the Texas Building and Procurement Commission’s (TBPC) HUB rules and encourages the use of HUBs through race, ethnic, and gender-neutral means. Pursuant to Texas Administrative Code Title 25, Chapter 1, Subchapter N, and pursuant to §§2161.181-182, Texas Government Code, DSHS is required to make a good faith effort to increase HUB participation in contracts for construction, service (including professional and consulting services), and commodity contracts. DSHS may accomplish the goal of increased HUB participation by contracting directly with HUBs or indirectly through subcontracting opportunities. In accordance with Texas Government Code, Chapter 2161, Subchapter F, each state agency that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. (A) State agencies shall use the following steps to determine if subcontracting opportunities are probable under the contract: i. Use the HUB participation goals in Texas Administrative Code Title 1, Chapter 111, Subchapter B, (relating to Annual Procurement Utilization Goals); and ii. Research the Centralized Master Bidders List, the HUB Directory, the Internet, and other directories, identified by the Commission, for HUBs that may be available to perform the contract work. (B) In addition, determination of subcontracting opportunities may include, but is not limited to, the following: i. contacting other state and local agencies and institutions of higher education to obtain information regarding similar contracting and Page 27 FQHC Incubator Program RFP FY 2006
  28. 28. subcontracting opportunities; and ii. reviewing the history of similar agency purchasing transactions. The statewide HUB participation goals, set by the Texas Building and Procurement Commission (TBPC), as a result of the State of Texas Disparity Study, are classified under the following categories: (1) Heavy construction other than building contracts 11.9%; (2) Building construction 26.1%; (3) Special trade construction contracts 57.2%; (4) Professional services contracts 20%; (5) All other services contracts 33%; and (6) Commodities contracts 12.6%. DSHS and its contractors shall make a good faith effort to meet or exceed the HUB participation goals listed above for each fiscal year by maximizing the inclusion of certified HUBs in the procurement process. The goods and/or services requested under this RFP are classified under “Other Services Contract” and the HUB participation goal is 33.0%. HUB Subcontracting Plan (HSP) Procedures The following procedures are in accordance with the TBPC HUB rules. If there are any discrepancies between the TBPC HUB rules and this RFP, the rules shall take priority. DSHS has determined that subcontracting opportunities are probable under this RFP. Therefore, DSHS requires the submission of a HUB Subcontracting Plan (HSP), at the same time as the RFP response, as a part of each proposal. The HSP, if accepted by DSHS, will become a provision of any contract awarded as a result of this RFP. Proposals that do not include a HSP, or proposals that contain a HSP that DSHS determines was not developed in good faith, shall be rejected as a material failure to comply with the specifications set forth in this RFP (as related to the Texas Administrative Code, Title 1, Part 5, Chapter 111, Subchapter B, Rule 111.14, (a) (2)(B). To search for potential HUB vendors who may perform subcontracting opportunities, respondents shall refer to the TBPC Centralized Master Bidders List (CMBL) <http://www.tbpc.state.tx.us/cmbl/cmblhub.html> and/or TBPC HUB Directory <http://www.tbpc.state.tx.us/cmbl/hubonly.html>. Class and item codes for potential subcontracting opportunities under this RFP, include, but are not limited to: 920-00 Data Processing, Computer, Programming, and Software Services 924-16 Course Development Services, Instructional/Training Page 28 FQHC Incubator Program RFP FY 2006
  29. 29. 948-00 Health Related Services 961-90 Writing Services, All Kinds (Including Resumes, Calligrapher/Engrosser Services) In order for DSHS to determine that a good faith effort was made, each Respondent shall send notices to three (3) or more HUBs for each area that the Respondent plans to subcontract. Respondents are not limited to the list of subcontracting opportunities identified above, and may identify additional areas of subcontracting. Upon request, DSHS will provide Respondents with a list of HUB vendors from the TBPC CMBL or other related listings that may perform the subcontracting opportunities. The listing of potential subcontractors is for informational purposes only. DSHS does not endorse, recommend nor attest to the capabilities of any company or individual listed. This listing of certified HUBs is subject to change, therefore Respondents are encouraged to use the TBPC website to find the most current listing of certified HUBs. A complete and more updated list of all TBPC certified HUBs may be electronically accessed through the Internet at http://www.tbpc.state.tx.us. DSHS may provide additional information concerning HUB certified vendors at the vendor conference, if applicable. As part of the HSP, DSHS requires each Respondent to state in writing whether the Respondent itself is a Texas certified HUB. This information is collected for the purpose of reporting DSHS’s HUB utilization. However, being certified as a HUB does not exempt any Respondent from complying with the required HSP. If the Respondent Intends to Subcontract Portions of the “Other Services” Contract Because DSHS has determined that subcontracting opportunities are probable, a Respondent who intends to subcontract any part of the work must include a HSP with its response. For each area identified, the Respondent should provide documentation of the notices sent to three or more HUBs in each of the areas the Respondent plans to subcontract. DSHS’s review of a Respondent’s HSP will include evidence of good faith effort in developing a HSP for “Other Services” Contracts, which includes, but is not limited to the following procedures: (A) Divide the contract work into reasonable lots or portions to the extent consistent with prudent industry practices. The Respondent should identify each area of the contract work the Respondent plans to subcontract. (B) Notify HUBs of the subcontracting opportunities that the Respondent intends to subcontract. The preferable method of notification shall be in writing. The notice shall, in all instances, include 1) the scope of the work; Page 29 FQHC Incubator Program RFP FY 2006
  30. 30. 2) specifications; and 3) identify a contact person. The notice shall be provided to potential HUB subcontractors prior to submission of the Respondent's response. (i) The Respondent shall provide potential HUB subcontractors reasonable time to respond to the Respondent's notice. "Reasonable time to respond" in this context is no less than five working days from receipt of notice, unless circumstances require a different time period, which is determined by the DSHS and documented in the contract file. (ii) The Respondent shall use the commission's Centralized Master Bidders List, the HUB Directory, Internet resources, and/or other directories as identified by the commission or DSHS when searching for HUB subcontractors. Respondents rely on the services of minority, women, and community organizations, contractor groups, local, state, and federal business assistance offices, and other organizations that provide assistance in identifying qualified applicants for the HUB program who are able to provide all or select elements of the HUB subcontracting plan. (iii) The Respondent shall provide the notice described in this section to three or more HUBs per each subcontracting opportunity that provide the type of work required for each subcontracting opportunity identified in the contract specifications or any other subcontracting opportunity the Respondent cannot complete with their own equipment, supplies, materials, and/or employees. The Respondent must document the HUBs contacted on the HSP forms provided, which is part of this RFP. (C) Provide written justification of the selection process if a non-HUB subcontractor is selected. (D) Provide notice to minority or women trade organizations or development centers to assist in identifying HUBs by disseminating subcontracting opportunities to their membership/participants. Examples of minority or women trade organization websites are, but not limited to: i. Texas Women’s Chamber of Commerce www.womenschambertexas.com; ii. Texas Asian Chamber of Commerce www.txasianchamber.org; iii. Texas Association of Mexican American Chamber of Commerce http://www.tamacc.org/chambers/index.html; iv. Texas Association of African American Chamber of Commerce http://www.taaacc.org; and v. Minority/Women Business Links http://www.tbpc.state.tx.us/hub/minoritywomenbuslinks.htm (E) The Respondent must notify HUBs of the subcontracting opportunities that the respondent intends to subcontract. The preferable method of notification shall be in writing. The notice shall, in all instances, include the scope of the work, Page 30 FQHC Incubator Program RFP FY 2006
  31. 31. information regarding the location to review plans and specifications, information about bonding and insurance requirements, and identify a contact person. The notice shall be provided to potential HUB subcontractors prior to submission of the respondent's response. In making a determination if a good faith effort has been made in the development of the required HUB subcontracting plan, DSHS may require the Respondent to submit supporting documentation explaining how the Respondent has made a good faith effort. When requested, the documentation shall include at least the following: (A) how the Respondent divided the contract work into reasonable lots or portions consistent with prudent industry practices identifying each area the Respondent plans to subcontract. (B) how the Respondent's notices contain adequate information about bonding, insurance, the availability of plans, the specifications, scope of work, required qualifications and other requirements of the contract allowing reasonable time for HUBs to participate effectively; (C) how the Respondent negotiated in good faith with qualified HUBs, not rejecting qualified HUBs who were also the best value responsive bidder; (D) how the Respondent provided notice to minority or women trade organizations or development centers to assist in identifying HUBs by disseminating subcontracting opportunities to their membership and/or participants; and (E) Evidence that, for each area the Respondent plans to subcontract, the Respondent provided the notice described above to three or more HUBs that perform the type of work. Evidence of notice should include official written documentation, (i.e. phone logs, fax transmittals confirmations, e- mail correspondence confirmation, certified mail receipts, etc) to demonstrate compliance with the notice required in this subsection. A Respondent's participation in a Mentor Protégé Program under the Texas Government Code §2161.065, and the submission of a protégé as a subcontractor in the HSP constitutes a good faith effort for the particular area to be subcontracted with the protégé. When submitted, state agencies may accept a Mentor Protégé Agreement that has been entered into by the Respondent (mentor) and a certified HUB (protégé). The DSHS shall consider the following in determining the Respondent's good faith effort: (A) if the Respondent has entered into a fully executed Mentor Protégé Agreement that has been registered with the commission prior to submitting the plan, and (B) if the Respondent's HUB subcontracting plan identifies the areas of subcontracting that will be performed by the protégé. In developing the HSP, Respondents are encouraged to identify, as part of the HSP, multiple subcontractors who are able to perform the work in each area that the Respondent is planning to subcontract. Selecting additional subcontractors for each area may assist the awarded contractor in making Page 31 FQHC Incubator Program RFP FY 2006
  32. 32. changes to its original HSP, when needed, and will allow DSHS to approve any necessary changes expeditiously. The HSP shall also include the following: (I) certification that respondent has made a good faith effort to meet the requirements of this section; (ii) identification of the subcontractors that will be used during the course of the contract; (iii) the expected percentage of work to be subcontracted; and (iv) the approximate dollar value of that percentage of work. A Respondent’s participation in a Mentor Protégé Program under the Texas Government Code §2161.065, and the submission of a protégé as a subcontractor in the Respondent’s HSP constitutes a good faith effort for the particular area(s) to be subcontracted with the protégé. When applicable, the Respondent must attach a copy of its Mentor Protégé Agreement that has been approved by a sponsoring state agency and identify each protégé on the prescribed HSP form. If the Respondent Does Not Intend to Subcontract If the Respondent is able to fulfill any of the potential subcontracting opportunities identified with their own equipment, supplies, materials and/or employees, the Respondent shall complete and submit the Self Performance HUB Subcontracting Plan (HSP) with their response. An explanation shall be provided documenting how the Respondent intends to fulfill each subcontracting opportunity. The Respondent shall provide supporting documentation to substantiate the statement. The Respondent agrees to provide the following if requested by DSHS: (A) agree to produce evidence of existing staffing to meet contract objectives’ (B) agree to supply monthly payroll records showing company staff fully engaged in the contract; (C) agree to periodic on site reviews of company headquarters or work site where services are to be performed; and (D) agree to produce documentation proving employment of qualified personnel holding the necessary licenses and certificates required to perform the work. Evaluation of the HSP The HUB subcontracting plan shall be reviewed and evaluated prior to contract award and, if accepted, shall become a provision of DSHS's contract. Revisions necessary to clarify and enhance information submitted in the original HUB subcontracting plan may be made in an effort to determine good faith effort. DSHS shall review the documentation submitted by the Respondent to determine if a good faith effort has been made in accordance with this section. If DSHS determines that a submitted HUB subcontracting plan was not developed in good faith, DSHS shall treat the lack of good faith as a material failure to comply with Page 32 FQHC Incubator Program RFP FY 2006
  33. 33. advertised specifications, and the RFP shall be rejected. The reasons for rejection shall be recorded in the procurement file. Changes to the HSP After a Contract Has Commenced If the Respondent is selected and decides to subcontract any part of the contract after the award, as a provision of the contract, the Contractor must comply with provisions of this section relating to developing and submitting a subcontracting plan before any modifications or performance in the awarded contract involving subcontracting can be authorized by DSHS. If the selected Contractor subcontracts any of the work without prior authorization and without complying with this section, the Contractor would be deemed to have breached the contract and be subject to any remedial actions provided by Texas Government Code, Chapter 2161, state law and this section. DSHS may report nonperformance relative to its contracts to the commission in accordance with Chapter 113, Subchapter F of the TAC Code (relating to the Vendor Performance and Debarment Program). If at any time during the term of the contract, a Contractor desires to make changes to the approved subcontracting plan, proposed changes must be received for prior review and approval by DSHS before changes will be effective under the contract. The DSHS shall approve changes by amending the contract or by another form of written DSHS approval. The reasons for amendments or other written approval shall be recorded in the procurement file. If DSHS expands the original scope of work through a change order or contract amendment, including a contract renewal that expands the scope of work, the DSHS shall determine if the additional scope of work contains additional probable subcontracting opportunities not identified in the initial solicitation. If the DSHS determines additional probable subcontracting opportunities exist, the DSHS will require the Contractor to submit a HSP/revised HSP for the additional probable subcontracting opportunities. The HSP/revised HSP shall comply with the provisions of this section relating to development and submission of a subcontracting plan before any modifications or performance in the awarded contract involving the additional scope of work can be authorized by the DSHS. If the Contractor subcontracts any of the additional subcontracting opportunities identified by the DSHS without prior authorization and without complying with this section, the Contractor would be deemed to have breached the contract and be subject to any remedial actions provided by Texas Government Code, Chapter 2161, state law and this section. DSHS may report nonperformance relative to its contracts to the commission in accordance with Chapter 113, Subchapter F of the TAC Code (relating to the Vendor Performance and Debarment Program.) Page 33 FQHC Incubator Program RFP FY 2006

×