competitive procurement of contract services - california

SA NTA BARBARA COUNT Y DEPARTM ENT OF

Behavioral Wellness A System of Care and Recovery

Section Administration

Sub-section

Policy Competitive Procurement of Contract Services

Policy # 12.000

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Departmental Policy and Procedure

Effective: 6/12/2017

Version: 1.2

Last 3/11/2020 Revised:

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Date s/22-/~-i o

Deputy Director's Approval lt:iJw)

Pamela Fisher, Psy.D

Supersedes: Competitive Procurement of Contract Services version 1.1 rev. 7/31/2017

1. PURPOSE/SCOPE

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Audit 3/11/2023 Date:

1.1. To ensure that the Santa Barbara County Department of Behavioral Wellness (hereafter the "Department") has a competitive selection process for services that is fair, costeffective and in compliance with County, State and Federal laws, rules and regulations , and agreements governing funding sources.

1.2. To ensure that the Department addresses gaps in services, community needs and client care through the competitive procurement of services.

2. DEFINITIONS

The following terms are limited to the purposes of this policy:

2.1. Competitive Biddings -transparent procurement methods in which bids from competing contractors, suppliers or vendors are invited by openly advertising the scope, specifications and terms and conditions of the proposed contract, as well as the criteria by which the bids will be evaluated .

2.2. Request for Information (RFI) - a process used to collect written information regarding the capabilities of various providers, contractors , suppliers or vendors to inform contracting possibilities.

2.3. Request for Proposals (RFP) - a competitive process that requests contractors , suppliers or vendors to submit proposals to be considered for a contract to provide services.

2.4 . Request for Qualifications (RFQ) - a non-competitive , qualifications-based selection process that requests contractors, suppliers or vendors to submit their qualifications to be considered for a contract to provide services.

Santa Barbara County Department of Behavioral Wellness Office of Quality and Strategy Management

Competitive Procurement of Contract Services P a g e | 2 of 6


2.5. Procurement Document – the general term used to refer to RFQs, RFIs and RFPs.

2.6. Sole Source – 1. When federal funds will be used to fund the resulting contract: the service is only

available from a single source. a. A public exigency or emergency will not permit a delay resulting from a

competitive solicitation. b. The federal awarding agency expressly authorizes non-competitive proposals in

response to the Department’s written request. c. After solicitation of a number of sources, competition is determined inadequate.

2. When funds other than federal funds will be used to fund the resulting contract: a non-competitive purchase or procurement process accomplished after soliciting and negotiating with only one source, thus limiting full and open competition.

2.7. Sole Source Contract – the resulting contract with a provider, contractor, supplier or vendor after analysis of available sources and circumstances in accordance with this policy and applicable law.

3. POLICY 3.1. The Department will provide the best, most cost-effective services to community

members by contracting with providers, contractors, suppliers or vendors for selected services to create a system of care that supports the Department’s mission and guiding principles.

3.2. The Department will participate in Competitive Biddings; however, if at any point in the competitive bid process it is determined that only one contractor, supplier or vendor has the qualifications required to provide services, the Department reserves the right to offer a Sole Source Contract to that contractor, supplier or vendor.

4. PROCUREMENT METHOD IDENTIFICATION 4.1. The competitive procurement process may include an RFI, RFP and/or RFQ depending

on departmental needs and/or priorities.

4.2. All RFIs, RFPs and/or RFQs will be issued as a result of a needs assessment that will be supported by empirical data.

4.3. The responsible Program Manager will consult with the Department’s Director or Deputy Director about possible selection processes in order to determine which procurement method is appropriate. 1. The responsible Program Manager will provide the Department’s Director or Deputy

Director data-based evidence of a RFI, RFP and/or RFQ need.



4.4. On approval, the responsible Program Manager will work with the Department’s Contracts division to develop the appropriate Procurement Document.

5. PROCUREMENT DOCUMENT 5.1. All Procurement Documents must include at least the following:

1. A comprehensive, fully detailed description of what service the Department wishes to obtain;

2. Instructions on how to format and submit the application, including using the Department’s online bidding program and/or the number of copies to submit if the Department is accepting paper applications;

3. Cost or reimbursement information; 4. The term of the awarded contract, if applicable; 5. The date and time by which responses to the Procurement Document must be

submitted and a clear notice that late submissions will not be accepted under any circumstances;

6. To whom and where to deliver the applications, including if the applications are to be by electronic delivery;

7. The name and phone number of the Point of Contact; 8. A clause that states that the Department may choose not to award a contract after

the Competitive Bidding process is complete; 9. A description of the evaluation and appeal process; 10. A statement incorporating funding source specific non-discrimination clauses, as

applicable; and the County’s non-discrimination policy; 11. A statement that indicates that the contract may be awarded to an applicant who does

not offer the lowest cost; 12. A statement requiring a bidder to disclose any actual, apparent or potential conflicts of

interest that may exist relative to the services to be provided; and 13. Any other terms and conditions that are expected to form a part of the resultant contract.

5.2. County Counsel and appropriate executive staff members shall review all Procurement Documents. Substantive comments shall be incorporated into the Procurement Document.

6. DISSEMINATION 6.1. To avoid the appearance of favoring one type of potential bidder over another,

Procurement Documents will be widely disseminated including but not limited to the following: 1. Posted on the Department’s website;



2. Emailed to a sufficient number of prospective applicants to ensure adequate competition; and

3. Displayed at the Department’s administrative office.

6.2. Applicants must submit applications within the deadlines set forth in the Procurement Documents.

6.3. Once a Procurement Document has been disseminated, Department staff will be instructed not to discuss the Competitive Bidding process with potential bidders and to direct all inquiries to the Point of Contact. All responses to inquiries will be provided in writing and placed on the Department’s website.

7. BIDDER’S CONFERENCE 7.1. Some Procurement Documents will advertise a Bidder’s Conference at which the

requirements of the Procurement Document are explained and potential applicants have an opportunity to ask questions. 1. Attendance is highly suggested. 2. If such a meeting is offered, minutes will be taken and distributed to all potential

applicants.

7.2. Following the meeting date, a minimum of two (2) weeks will be allowed for potential providers to prepare and submit applications.

8. APPLICANT EVALUATION COMMITTEE 8.1. When the Department’s online bidding program is not used for the procurement, the

Department’s administrative office staff will date and time stamp application submissions as received and maintain them in a central administrative file. Applications are not opened and read until the deadline has been reached.

8.2. An Evaluation Committee is required for each Competitive Bidding process. The committee will include at least five (5) members who will complete a conflict of interest form.

8.3. The Evaluation Committee will review all applications/responses and may invite applicants for interviews and/or demonstrations of their ability to perform the desired service.

8.4. The Evaluation Committee will rate all complete applications from bidders who meet the minimum qualifications using the criteria set forth in the RFI, RFP and/or RFQ.

9. NOTIFICATION OF INTENT TO AWARD/APPEALS 9.1. A Notice of Intent to Award will be sent to all applicants on the date indicated in the

Procurement Document.



9.2. Once a Notice of Intent to Award has been distributed, the Department will accept appeals from applicants of the Competitive Bidding process according to the steps outlined in the Procurement Document.

9.3. The Department Director or designee will respond in writing to all appeals as outlined in the Procurement Document.

9.4. The Contracts division will negotiate an agreement with the selected applicant(s) and refer the agreement to County Counsel, County Risk Management and Auditor Controller for concurrence. The Board of Supervisors has final authority to approve contracts for special services and any contract over $200,000. All relevant contract protocols and requirements will be met.

9.5. Additional selective contracting elements to be followed in the procurement process are outlined in Attachment A.

ASSISTANCE Melanie Johnson, J.D., Contracts Manager

John Doyel, MA, LAADC, ADP Program Manager Lindsay Walter, JD, Deputy Director of Administration and Operations

REFERENCE

Santa Barbara County Code Article VI, Sections 2-39 and 2-40

San Mateo County Competitive Awards Procedure Drug Medi-Cal Organized Delivery System Waiver Code of Federal Regulations Title 42 Public Health Section 438, Title 2 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Section 200 Mental Health Plan Agreement 17-94613

ATTACHMENTS Attachment A – Required Elements of Provider Selection and Termination Policies and Procedures



REVISION RECORD

DATE VERSION REVISION DESCRIPTION 7/31/17 1.1 Under Section 10, referenced additional selective

contracting elements to be followed in the procurement process for DMC-ODS services.

3/11/20 1.2 Updated to reflect new electronic process and modify definitions.

Culturally and Linguistically Competent Policies The Department of Behavioral Wellness is committed to the tenets of cultural competency and understands that culturally and linguistically appropriate services are respectful of and responsive to the health beliefs, practices and needs of diverse individuals. All policies and procedures are intended to reflect the integration of diversity and cultural literacy throughout the Department. To the fullest extent possible, information, services and treatments will be provided (in verbal and/or written form) in the individual’s preferred language or mode of communication (i.e. assistive devices for blind/deaf).