Texas Health and Human Services Commission (HHSC) Procurement and Contracting Services (PCS)

1
Texas Health and Human Services Commission
(HHSC)Procurement and Contracting Services (PCS)

• Vendor Conference
• Mental Health Recovery Services
• Request for Proposals 537-16-138770
• Date June 9, 2015
• Time 1000 am

2

• Welcome
• Introductions
• Vonda White, HHSC Procurement and Contracting
  Services (PCS)
• Wendy Latham, Division of Mental Health and
  Substance Abuse, DSHS
• Michael Herman, HUB Coordinator, HHSC Procurement
  and Contracting
• Kara Salmanson, General Counsel
• Housekeeping Items

3
HHSC Procurement Roles

• PCS- Responsible for procurement activity
• Program- Responsible for project scope,
  requirements, performance, results, contract
  management/monitoring
• HUB- Responsible for HUB activity
• Legal Questions/answers and legal activity

4
Vendor Conference Overview

• Procurement Activities
• Program Overview
• Legal Overview
• HUB Items
• Questions Submittal
• Break
• Preliminary Responses to Questions
• Closing Comments

5

• Procurement Activities
• Sole Point of Contact Section III.A., pg.14
• Questions Answers Section III.A., pg. 14
• Solicitation Access
• http//www.hhsc.state.tx.us/about_hhsc/BusOpp/cont
  ract-opportunities.asp
• RFP Amendment and Announcements Section V.B,
  pg. 20
• Submission Requirements Section III.D., pg. 15
• Evaluation Criteria Screening Section IV., pg
  17
• Schedule of Events Section I.D., pg 10

6
Schedule of Events

• RFP Release Date 05/28/2015
• Vendor Conference 06/09/2015
• Deadline for Submitting Questions 06/12/2015
• HHSC Post Answers to Vendor Questions 06/18/2015
• Deadline for Submission of Proposals 06/26/2015
• Post Tentative Award Announcement 08/10/2015
• Anticipated Contract Begin Date 9/01/2015

7

• Mental Health Recovery ServicesProgram
  Overview

8
Program Goals

• Support the spread of promising and best
  practices to enhance a robust recovery culture in
  the behavioral health system including COSPs and
  RCOs
• Collaborate with DSHS and TIEMH to spread
  Person-Centered Recovery Planning and identify
  strong recovery measures

9
Program Goals, cont.

• Enhance the participation of individuals with
  lived experience to inform program development
  and implementation within contractors
  organization
• Provide peer specialist and family partner
  training, certification, and endorsements
  including certified recovery coaches as eligible.
• Collaborate with DSHS to provide TA to further
  the integration of certified peers and family
  partners

10
Program Background

• This offering is a critical part of the Texas
  Recovery and Resiliency service delivery system
  designed to further the person-centered
  assessment, accurate use of the ANSA/CANS to
  guide recovery planning and measure individual
  and system outcomes, and the use of
  evidence-based practices to partner with the
  individual in services to gain optimal outcomes
  to further his/her recovery goals.

11
Program Background

• This offering also supports the further
  integration of mental health and substance use
  services through the collaboration with DSHS in
  the provision of training and technical
  assistance for peer recovery coaches and recovery
  care organizations.

12
Program Background

• Peer and Family Partner Certification should be
  in alignment with the currently identified scopes
  of practice outlined in the Texas Administrative
  Code, Mental Health Community-Based Services
  (416), Sub-Chapter A, Mental Health
  Rehabilitative Services
• CMS guidance to States on the provision of peer
  support to include training and certification as
  defined by the State. http//downloads.cms.gov/cms
  gov/archived-downloads/SMDL/downloads/SMD081507A.p
  df

13
Definitions

• Certified Family Partner
• 18 years of age or older
• Has received
• A high School diploma or
• A high school equivalency certificate in
  accordance with laws applicable to the issuing
  agency
• Has one year navigating a child-service system as
  a parent or LAR
• Has successfully completed and passed the
  certified family partner training and examination
  recognized by the department

14
Definitions

• Peer Provider
• Has received a high school diploma or
• A high school equivalency certificate in
  accordance with laws applicable to the issuing
  agency
• Has at least one cumulative year of receiving
  mental health services for a disorder that is
  treated in the target population for Texas

15
Core Skills as Defined by TAC for CPS and CFP

• The nature of serious mental illness and serious
  emotional disturbance
• The concepts of recovery and resiliency
• The department approved curricula, protocol or
  practice
• Rehabilitative practice techniques found in
  curricula, program, practices and protocols and
• The prevalence of health risk factors

16
Certified Family Partners, specific skills

• The aspects of a childs growth or development
  and treatment of a child or adolescent
• The departments approved skills training
  curricula, protocol or practice guidelines.

17
Systems Transformation

• Just as person-centered care requires
  practitioners to assess an individuals readiness
  and stage of change, respondent must understand
  the unique characteristics, strengths, and
  barriers of the individual organization and
  identify readiness to move forward in the
  implementation process.
• Respondent must have a strong working knowledge
  of system transformation drivers and best
  practices.

18
Person-Centered Recovery Planning

• a collaborative process resulting in a recovery
  oriented treatment plan is directed by consumers
  and produced in partnership with care providers
  and natural supporters for treatment and
  recovery supports consumer preferences and a
  recovery orientation.

19
Person-Centered Recovery Planning

• An integrating framework for quality services
  that fully supports the aims of TRR including the
  incorporation of evidence-based practices
  illness management and recovery (IMR),
  integration of peer-based services accurate use
  of ANSA/CANS, the promotion of cultural
  responsiveness emphasis of natural
  supporters/community setting maximization of
  self-determination and choice and

20
Person-Centered Recovery Planning, cont.

• emphasis of natural supporters/community setting
  maximization of self-determination and choice is
  informed by stages of change and motivational
  interviewing is respectful of both professional
  and personal wellness strategies is consistent
  with standards of fiscal and regulatory bodies
  (Texas Administrative Code, Medicaid) and
  finally, provides an emphasis on the attainment
  of meaningful outcomes

21
Certified Peer and Family Partner Integration

• Identification and collaboration with DSHS to
  implement best practices for the full inclusion
  of peer providers and family partners as critical
  components of the behavioral health service array
• Collaborative TA with DSHS to identify
  appropriate billing codes, scope of practice
• Collaborative TA to support hiring practices

22
Questions regarding forms

• Form F Respondent Background
• Form G Assessment Narrative
• Form H Performance Measures
• Form I Work Plan

23

• DSHS Office of General Counsel

24
Legal Overview

• Texas Public Information Act Proprietary
  Information Trade Secrets
• Consistency in Submission of Vendor Proposals
• Collusion
• Apparent or Actual Conflicts of Interest
• Revolving Door
• Permissible Contact

25
Texas Public Information ActGeneral Requirement
for the Release of Proposals

• Proposals will be subject to the Texas Public
  Information Act (the Act), located in Chapter 552
  of the Texas Government Code, and may be
  disclosed to the public upon request. Subject to
  the Act, vendors may protect trade secret and
  confidential information from public release. If
  the vendor asserts that information provided in
  the proposal is trade secrets or other
  confidential information, it must clearly mark
  such information in boldface type and include the
  words confidential or trade secret at top of
  the page. Furthermore, the vendor must identify
  trade secret or confidential information, and
  provide an explanation of why the information is
  excepted from public disclosure, on the Vendor
  Information and Disclosures form

26
Vendors must Protect their Trade Secrets and
Proprietary Data when submitting a Proposal

• Read Review Texas Govt Code 552.104
• Read Review Texas Govt Code 552.110
• Vendors are responsible to review the
  requirements of the Texas Public Information Act.
  Vendors should consult the Texas Attorney
  Generals website (www.oag.state.tx.us) for
  information concerning the Acts application to
  proposals and potential exceptions to disclosure.
  
• The Attorney General makes the final
  determination of what is and is not exempted from
  the Open Records Act.  The Attorney General will
  also determine what is and is not proprietary and
  trade secret.

27
Govt Code 552.104Information Relating to
Competition or Bidding

• (a) Information is excepted from the requirement
  of Section 552.021 if it is information that, if
  released, would give advantage to a competitor or
  bidder.
• (b) The requirement of Section 522.022 that a
  category of information listed under Section
  522.022(a) is public information and not excepted
  from required disclosure under this chapter
  unless expressly confidential under law does not
  apply to information that is excepted from
  required disclosure under this section.

28
Govt Code 552.110Trade Secrets and Certain
Commercial or Financial Information

• (a) A trade secret obtained from a person and
  privileged or confidential by statute or judicial
  decision is excepted from required public
  disclosure.
• (b) Commercial or financial information for
  which it is demonstrated based on specific
  factual evidence that disclosure would cause
  substantial competitive harm to the person from
  whom the information was obtained is excepted
  from required public disclosure.
• (c) However, the Texas Legislature enacted The
  Texas Uniform Trade Secrets Act effective as of
  September 1, 2013. This Act may impact former
  common law Trade Secrets protections and
  requirements. See, Senate Bill 953, Tex. Leg,
  Regular Session (2013).

29
The Importance of Consistencyin Vendor Proposal
Submission

• Please read all instructions to complete Vendor
  Proposal.
• Apply common sense.
• When in doubt, apply consistent actions
  throughout the preparation of the Vendor Proposal

30
Definition of Collusion(This is not exhaustive
but merely representative)

• Collusion occurs when two persons or
  representatives of an entity or organization make
  an agreement to deceive or mislead another.
• Such agreements are usually secretive, and
  involve fraud or gaining an unfair advantage over
  a third party, competitors, consumers or others
  with whom they are negotiating.
• The collusion, therefore, makes the bargaining
  process inherently unfair.
• Collusion can involve price or wage fixing,
  kickbacks, or misrepresenting the independence
  of the relationship between the colluding
  parties.

31
CONFLICT OF INTERESTRFP Form D.

• A vendor must certify that it does not have
  personal or business interests that present a
  conflict of interest with respect to the RFP and
  resulting contract. Additionally, if applicable,
  the vendor must disclose all potential conflicts
  of interest.
• The vendor must describe the measures it will
  take to ensure that there will be no actual
  conflict of interest and that its fairness,
  independence and objectivity will be maintained
  over the course of the contract. HHSC will
  determine to what extent, if any, a potential
  conflict of interest can be mitigated and managed
  during the term of the contract. Failure to
  identify potential conflicts of interest may
  result in Health and Human Services Commission
  disqualification of a proposal or termination of
  the contract.

32
FORMER EMPLOYEES OF A STATE AGENCY

• Vendors must comply with Texas and federal laws
  and regulations relating to the hiring of former
  state employees (see e.g., Texas Government Code
  572.054 and 45 C.F.R. 74.43). Such revolving
  door provisions generally restrict former agency
  heads from communicating with or appearing before
  the agency on certain matters for two years after
  leaving the agency. The revolving door
  provisions also restrict some former employees
  from representing clients on matters that the
  employee participated in during state service or
  matters that were in the employees official
  responsibility.

33
Permissible Contact

• The sole point of contact for inquiries
  concerning this RFP is
• Vonda White
• Vonda.white_at_hhsc.state.tx.us
• [phone]

34
HUB Subcontracting Plan(HSP) Requirements
35
HUB Topics
I. RFP Section 5-F Historically Underutilized
Business Participation Requirements II. HUB
Subcontracting Plan Development and Submission
Section 5.4, page 26 III. HSP Quick Checklist
Handout IV. HSP Methods Section 6.3-6.7,
pages 28-30 V. HSP Prime Contractor Progress
Assessment Report Section 7 , page 30
36

1. Historically Underutilized Business
   Participation Requirements

37

1. RFP Section 5(F) Historically Underutilized
   Business Participation Requirements

• HUB Participation Goals Section 5.3, page 26
• Potential Subcontracting Opportunities Section
  5.5, page 27
• Centralized Master Bidders List and HUB Directory
  Section 5.5, page 27, page 27
• Vendor Intends to Subcontract Section 5.6

38

1. RFP Section 5.0 Historically Underutilized
   Business Participation Requirements (cont.)

• Minority or Women Trade Organizations Section
  6.6, page 29
• Self Performance Section 6.7, page 29
• HSP Changes After Contract Award Section 7,
  page 30
• Reporting and Compliance with the HSP Section
  7, page 30

39

• HUB Subcontracting Plan (HSP)
• Development and Submission

40
If HSP is inadequate, response will be rejected
HUB GOALS
Special reminders and instructions
HSP Information Page
41

• HSP Quick Checklist
• See Checklist Handout

42

1. HSP Methods

43
METHOD OPTIONS

• A Respondent may choose from one of the following
  methods when completing the HSP
• Method I if 100 of your subcontracting
  opportunities will be performed using only HUB
  vendors
• Method II if one or more of the subcontracting
  opportunities identified will be performed using
  HUB protégés
• Method III if a combination of HUBs and
  Non-HUBs are used to perform the subcontracting
  work identified AND the HUB goal identified in
  the solicitation is met or exceeded

44
METHOD OPTIONS

• A Respondent may choose from one of the following
  methods when completing the HSP (cont.)
• Method IV if a combination of HUBs and Non-HUBs
  are used to perform the subcontracting work
  identified AND the HUB goal identified in the
  solicitation is not met or exceeded.
• Method V - if the Respondent intends to self
  perform all of the work utilizing their own
  resources, equipment, employees, and supplies.

45
ALL METHODS

• For ALL Methods the following steps are required
  to be completed on the HSP Form
• Page 1 - Section 1 - Respondent and Requisition
  Information
• Page 2 - Company and Requisition Information
• Page 2 - Section 2(a) Subcontracting Intentions
  
• Section 4 Affirmation and Sign

46
HSP Information Page
Respondent and Requisition Information
47
Company Name and Requisition
Subcontracting Intentions If Yes, Complete
Section 2a If No, Complete Section 2b
48
Section 4 Affirmation
Signature Affirms that Information Provided
is True and Correct.
49
METHOD I

• If all (100) of your subcontracting
  opportunities will be performed using only HUB
  vendors, complete
• Section 1
• Section 2 b. List all the portions of work you
  will subcontract, and indicate the percentage of
  the contract you expect to award to HUB vendors
• Section 2 c. Yes
• HSP GFE Method A (Attachment A) Complete this
  attachment for each subcontracting opportunity.

50
Complete Section 2-b List all the portions of
work you will subcontract, and indicate the of
the contract you expect to award to all HUBs.
Complete Section 2-c Yes if you will be using
only HUBs to perform all Subcontracting
Opportunities in 2-b.
51
HSP GFE Method A (Attachment A)
Complete this attachment (Sections A-1 and A-2)
and List Line and Subcontracting Opportunity.
HUB Subcontractor Selection for this
Subcontracting Opportunity
52
METHOD II

• If any of your subcontracting opportunities will
  be performed using HUB protégés, complete
• Section 1
• Section 2 b. List all the portions of work you
  will subcontract, and indicate the percentage of
  the contract you expect to award to HUB vendors
• HSP GFE Method B (Attachment B) Complete
  Section B-1 and Section B-2 only for each
  subcontracting opportunity as applicable.

53
Complete Section 2-b List all the portions of
work you will subcontract, and indicate the of
the contract you expect to award to HUB Protégés.
Skip Sections 2-c and 2-d.
54
HSP GFE Method B (Attachment B)
Complete Sections B-1 and B-2 only for each
HUB Protégé subcontracting opportunity.
55
HSP GFE Method B (Attachment B)
List the HUB Protégé(s)
56
METHOD III

• If you are subcontracting with HUBs and Non-HUBs,
  and the aggregate percentage of subcontracting
  with HUBs in which the HUB Goal identified in the
  solicitation is met or exceeded , complete
• Section 1
• Section 2 b. List all the portions of work you
  will subcontract, and indicate the percentage of
  the contract you expect to award to HUB vendors
  and Non HUB vendors
• Section 2 c. No
• Section 2 d. Yes
• HSP GFE Method A (Attachment A) Complete this
  attachment for each subcontracting opportunity.

57
Complete Section 2-b List all the portions of
work you will subcontract, and indicate the of
the contract you expect to award to HUBs and
Non-HUBs.
Complete Section 2-c No to using only HUBs to
perform all Subcontracting Opportunities in 2-b.
58
Complete Section 2-d Yes, to the Aggregate of
the contract expected to be subcontracted to HUBs
to meet or exceed the HUB goal, which you have a
contract agreement in place for five (5) years or
less.
59
HSP GFE Method A (Attachment A)
Complete this attachment (Sections A-1 and A-2)
for each subcontracting opportunity.
Subcontractor Selection (HUBs and Non-HUBs)
60
METHOD IV

• If you are subcontracting with HUBs and Non-HUBs,
  and the aggregate percentage of subcontracting
  with HUBs, holding an existing contract with HUBs
  for 5 years or less, does not meet or exceed the
  HUB Goal identified in the solicitation,
  complete
• Section 1
• Section 2 b. List all the portions of work you
  will subcontract, and indicated the percentage
  of the contract you expect to award to HUB
  vendors and Non HUB vendors
• Section 2 c. No
• Section 2 d. No
• HSP GFE Method B (Attachment B) Complete this
  attachment for each subcontracting opportunity.

61
Complete Section 2-b List all the portions of
work you will subcontract, and indicated the of
the contract you expect to award to HUBs and
Non-HUBs.
Complete Section 2-c No, to using only HUBs to
perform all Subcontracting Opportunities in 2-b.
62
Complete Section 2-d No, to the Aggregate of
the contract expected to be subcontracted to HUBs
to meet or exceed the HUB goal, which you have a
contract agreement in place for five (5) years or
less.
63
HSP GFE Method B (Attachment B)
Complete Section B-1 and Section B-2 only
for each subcontracting opportunity.
Good Faith Efforts to find Texas Certified HUB
Vendors
64
HSP GFE Method B (Attachment B)
Written Notification Requirements
List 3 HUBs Contacted for this
Subcontracting Opportunity
65
HSP GFE Method B (Attachment B)
Written Notification To Trade Organizations
66
HSP GFE Method B (Attachment B)
List Trade Organizations Notified with Dates
Sent/Accepted.
67
HSP GFE Method B (Attachment B)
Provide written justification why a HUB was not
selected for this Subcontracting Opportunity
68
METHOD V

• If you are not subcontracting any portion of the
  contract and will be fulfilling the entire
  contract with your own resources (i.e.,
  equipment, supplies, materials, and/or
  employees), complete
• All of the steps in Slides Section
• Section 3 Self Performing Justification

69
Section 3 Self Performing Justification
List the specific page(s)/section(s) of your
proposal response, OR in the space provided,
which explains how your company will perform the
entire contract with its own equipment, supplies,
materials and/or employees.
70
HUB Subcontracting Opportunity Notification Form
71
Sample for Respondents Use.
72

1. HSP Prime Contractor Progress Assessment Report

73
HSP Prime Contractor Progress Assessment Report

• Required with
• ALL Pay Requests

• List ALL Sub
• payments
• (HUBs Non-HUBs)

• Required even if
• not subcontracting

74
Texas Health and Human Services Commission
(HHSC)Procurement and Contracting Services (PCS)

• Questions Submittal
• Followed by Break

75
Mental Health Recovery ServicesNon-Binding
responses to Vendor Questions

• Responses given at the Vendor Conference are
  non-binding verbal responses to vendor questions.
  Binding responses will be posted on the HHSC
  Contract Opportunity website by or around June
  18, 2015.

76
Texas Health and Human Services Commission

• Closing Comments