RFB S-0304 DLTC-14

RFB S-0304 DLTC-14
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R05/2014)
BIDS MUST BE SEALED & ADDRESSED TO:
AGENCY ADDRESS:
Reference Section 2.3 for Agency Address
REQUEST FOR BID
THIS IS NOT AN ORDER
BIDDER (Name and Address)
Remove from bidder list for this commodity/service. (Return this page only.)
•
Bid envelope must be sealed and plainly marked in lower corner with
due date and Request for Bid #
S-0304 DLTC-14
Late bids will be rejected. Bids MUST be date and time stamped by the soliciting
purchasing office on or before the date and time that the bid is due. Bids dated and time
stamped in another office will be rejected. Receipt of a bid by the mail system does not
constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened
as a result of not being properly and clearly marked is subject to rejection. Bids must be
submitted separately, i.e., not included with sample packages or other bids. Bid
openings are public unless otherwise specified. Records will be available for public
inspection after issuance of the notice of intent to award or the award of the contract.
Bidder should contact the person named below for an appointment to view the bid record.
Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless
otherwise noted. The attached terms and conditions apply to any subsequent award.
Bids MUST be in this office no later than
10/08/2014 by 3:00 PM CT
Name (Contact for further information)
Jessica A Harlan
E-mail: [email protected]
Phone
Date
608 266-1138
09/16/2014
Quote Price and Delivery FOB
Service Location
Fax bids are accepted
GeneralDescription
Fax bids are not accepted
The State of Wisconsin is soliciting bids from qualified vendors for Nursing Home Appraisal
services. The awarded vendor shall perform on-site evaluations of defined property characteristics
of approximately 107-138 Medicaid certified Nursing homes in each year of the three-year contract
for approximately 370 Nursing home appraisals throughout the State of Wisconsin.
Delivery Time
Payment Terms
•
•
•
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under
Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you
have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550.
Does Not Apply to Printing Bids.
We claim disabled veteran owned business bidder preference [Wis. Stats. s.
16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Disabled Veteran Owned Businesses. Bidder must be certified by the Wisconsin
Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison,
Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.
We are a work center certified under Wis. Stats. s. 16.752 employing persons
with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson
St., Madison, Wisconsin 53702, (608) 266-5462.
Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials
covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in
Yes
No
Unknown
substantial part in the United States.
In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of
free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with
any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above
statement is accurate under penalty of perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print)
Title
Signature of Above
Date
Phone
Email:
This form can be made available in alternate formats to individuals with disabilities upon request.
Fax
Nursing Home Appraisals
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized official signing for the applicant organization) certifies to the best of his or
her knowledge and belief that the applicant defined as the primary participant in accordance with 2 CFR
Part 180, and its principals:
(a)
Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by any Federal department or agency;
(b)
Have not within a three-year period preceding this Bid been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification, or destruction of records, making false statement, or receiving stolen
property;
(c)
Are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of
this certification; and
(d)
Have not within a three-year period preceding this application/bid had one or more public
transactions (Federal, State, or local) terminated for cause or default.
Should the applicant not be able to provide this certification, applicant should provide a written
explanation as to why within the Transmittal Letter.
The applicant further agrees by submitting this proposal that it will include, without modification, the
clause titled “Certification Regarding Debarment, Suspension, In-eligibility, and Voluntary
Exclusion-Lower Tier Covered Transaction” provided in Appendix B to 2 CFR Part 180 in all lowertier covered transactions (i.e., transactions with subgrantees and/or contractors) and in all solicitations
for lower-tier covered transactions.
By:
Date:
(Signature of Official Authorized to Sign Application)
For:
Name of Vendor
RFB S-0304 DLTC-14
DUNS Number:
Dun & Bradstreet if applicable
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TABLE OF CONTENTS
State of Wisconsin ________________________________________________________________ 1
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION _______________________ 2
1.
GENERAL INFORMATION ____________________________________________________ 5
1.1
Introduction and Background _________________________________________________________5
1.2
Scope of Project _____________________________________________________________________5
1.3
Current Operations _________________________________________________________________6
1.4
Procuring and Contracting Agency_____________________________________________________7
1.5
Definitions _________________________________________________________________________7
1.6
Clarification and/or Revisions to RFB Specifications and Requirements ______________________9
1.7
Contract Quantities / New or Deleted Items ______________________________________________9
1.8
Reasonable Accommodations_________________________________________________________10
1.9
Calendar of Events _________________________________________________________________10
1.10 Contract Term _____________________________________________________________________11
1.11 VendorNet Registration _____________________________________________________________11
2
PREPARING AND SUBMITTING BIDS _________________________________________ 12
2.1
General Instructions ________________________________________________________________12
2.2
Incurring Costs ____________________________________________________________________12
2.3
Submitting the Bid _________________________________________________________________12
2.4
Bid Organization and Format ________________________________________________________13
2.5
Multiple Bids ______________________________________________________________________16
2.6
Withdrawal of Bids _________________________________________________________________16
3
BID SELECTION AND AWARD PROCESS ______________________________________ 17
3.1
Preliminary Review ________________________________________________________________17
3.2
Right to Reject Bids and Negotiate Contract Terms ______________________________________17
3.3
Method of Award __________________________________________________________________17
3.4
Notification of Intent to Award _______________________________________________________17
3.5
Appeals Process ____________________________________________________________________18
3.6
Other Eligible Parties _______________________________________________________________18
4
GENERAL MANDATORY REQUIREMENTS ____________________________________ 19
4.1
General Requirements for Bid Response _______________________________________________19
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4.2
Bidder Qualifications _______________________________________________________________19
4.3
Staffing Requirements ______________________________________________________________20
4.4
BVS – Commercial System___________________________________________________________21
4.5
Reporting _________________________________________________________________________26
4.6
References and Vendor Statement(s) __________________________________________________27
5
COST SUBMISSION _________________________________________________________ 29
5.1
Fixed Price Period __________________________________________________________________30
5.2
Price Clarifications _________________________________________________________________30
6
SPECIAL CONTRACT TERMS AND CONDITIONS _______________________________ 31
6.1
Payment Terms and Schedule ________________________________________________________31
6.2
Prime Contractor and Subcontractors _________________________________________________31
6.3
Indemnification ____________________________________________________________________31
6.4
Liquidated Damages ________________________________________________________________31
6.5
News Releases _____________________________________________________________________31
6.6
Supplier Diversity __________________________________________________________________32
6.7
Executed Contract to Constitute Entire Agreement ______________________________________33
6.8
Termination of Contract ____________________________________________________________33
6.9
Standard Terms and Conditions ______________________________________________________34
7
POST AWARD REQUIREMENTS ______________________________________________ 35
7.1
Affirmative Action _________________________________________________________________35
7.2
Civil Rights Compliance _____________________________________________________________35
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1. GENERAL INFORMATION
1.1 Introduction and Background
The Department of Health Services (DHS), hereinafter referred to as the Department, is soliciting bids
from qualified vendors for Nursing Home Appraisal services. The awarded vendor shall perform on-site
appraisals of defined property characteristics of approximately 107-138 Medicaid certified Nursing homes
in each year of the three-year contract for approximately 370 Nursing home appraisals throughout the State
of Wisconsin.
DHS is the State agency responsible for administering the Wisconsin Medicaid program in accordance
with Federal requirements. As part of its responsibility under the Wisconsin Medicaid Program, the
Division of Long Term Care (DLTC) is to develop reimbursement mechanisms to pay for Medicaidcertified Nursing home services under Section 49.45(6m) of the Wisconsin Statutes.
One component of the reimbursement to Medicaid certified Nursing home providers is payment for
property costs (capital assets). The Wis. Stats. s. 49.45(6m)(ar)6. states that the capital payment shall be
based on a replacement value for a facility, and the replacement value shall be determined by a
commercial estimator contracted for by the Department and paid for by the facility. The
Department’s Methods of Implementation for Wisconsin Medicaid Nursing Home Payment Rates (The
“Methods”), Section 3.531, Equalized Value, requires the vendor to use the Marshall & Swift
Commercial Building Valuation System (“BVS – Commercial”) to calculate the Un-depreciated
Replacement Costs (URC) and Depreciated Replacement Costs (DRC) to determine the appraised value
of the Nursing home.
1.2 Scope of Project
The Department of Health Services intends to contract with a commercial estimator to provide Undepreciated Replacement Costs (URC) and Depreciated Replacement Costs (DRC) to determine the
appraised value of the Nursing homes under Wisconsin Medicaid.
1.2.1 Nursing Home Appraisal Process
The Vendor’s role in the Nursing home appraisal process includes the following activities:
a) The Vendor will be required to perform on-site appraisals of the Nursing homes in a three-year
cycle as determined by the Department. These homes are listed in Attachment A for appraisal
calendar years 2015, 2016 and 2017. Results from the on-site appraisals will be used in
conjunction with “BVS – Commercial” to develop both un-depreciated and depreciated
replacement values for each of these Nursing homes. The Medicaid certified Nursing home’s
replacement values will be used to establish future Medicaid property reimbursement.
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b) In addition to the homes listed for each year in Attachment A, the Vendor will appraise
additional homes as necessary in order to recognize completion of significant remodeling
projects, additions to the home, or any new facilities added since the last on-site appraisal. This
may increase the total number of homes to be evaluated in calendar years 2015, 2016, and 2017;
however, no more than 20 additional homes will be added in each year. The Department will
provide a listing of those homes requiring reevaluations, and/or any changes to each year’s
listing of homes as necessary. Additionally, nursing home providers occasionally de-license and
cease operations, which may also alter the total number of homes.
c) In addition to the on-site appraisal, for each year of the contract the Vendor is expected to rerun
“BVS – Commercial” on all homes that are not appraised in each calendar year, at no additional
cost. In other words, all homes not appraised in calendar year 2015 will have an updated “BVS –
Commercial” valuation calculated for 2015 based on the most recent appraisal.
i.
For 2015, those appraisals were done under a previous bid. The Department will provide
copies of those appraisals.
ii.
In 2016 and 2017 each home not receiving a new appraisal will have a revaluation
calculated for that calendar year based on their last full appraisal.
iii.
This will provide the Department with continuous updated appraisals throughout the term
of the contract.
1.2.2 Scheduling Responsibility / Notification to Nursing Homes
During the month of December in year 2014, the Department will provide a general notice to all the
affected Nursing home providers, indicating the on-site property appraisal process will take place.
During the month of December in years 2015 and 2016, the Department will provide a general notice to
Nursing home providers designated for property appraisals in years two and three of the contract. The
Notification Letter to Medicaid Nursing Home Administrators is included as Attachment B. Following
this notification, the Awarded Vendor will be responsible for scheduling and completing all on-site
evaluations within the time parameters specified in this document.
1.3 Current Operations
Each year, DLTC sends notifications to the nursing home providers, along with the contracted appraiser,
that are scheduled to be appraised in that calendar year. The contracted appraiser sets up a time with the
facility and conducts the appraisal. Upon completion, the appraiser sends the appraisals to DLTC, who
in turn sends them to the appropriate field auditor. Once the field auditor deems the appraisal
satisfactory, DLTC is notified and in turn sends the contracted appraiser an approval letter. At this
point, the appraiser then invoices the facility. If the field auditor has questions, he/she contacts the
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appraiser directly to resolve any issues. Once the appraiser receives payment from the facility, they then
notify DLTC.
1.4 Procuring and Contracting Agency
This RFB is issued by the Wisconsin Department of Health Services, which is the sole point of contact
for the State of Wisconsin during the selection process. The person responsible for managing the
procurement process, referred to hereafter as the Procurement Manager, is Jessica A Harlan (See
Section 1.6).
1.5 Definitions
The following definitions are used throughout the RFB:
(BVS – Commercial) – Marshall & Swift Commercial Building Valuation System: is defined as a
nationally recognized appraisal system used for determining the replacement costs of commercial
structures.
Agency / Department / DHS: is defined as the Wisconsin Department of Health Services.
Agreement and Contract (used interchangeably): means the final written contract negotiated
between DHS and the contractor.
Appraisal/Evaluation: is defined as the determination of the replacement value of the Nursing
home as determined by a commercial estimator under contract with the Department, using the
Marshall & Swift Commercial Building Valuation System. The appraised values of each property
will be based on the depreciated and un-depreciated replacement cost of a capital related asset to its
current owner, which excludes a market value estimate of the appraised properties’ land area.
Bidder: is defined as an entity responding to this RFB.
Bureau (BFM): is defined as the Bureau of Financial Management, DLTC, DHS.
Contractor: is defined as the bidder or vendor awarded final contract.
Depreciation: is defined as a lessening in value or worth and may be defined as: loss in value of an
old or used item in comparison with a new item of like kind; loss caused by deterioration,
obsolescence, inadequacy, lack of utility, or other factors which lessen usefulness.
Division (DLTC): is defined as the Division of Long Term Care that administers the Wisconsin
Medicaid program.
DOA: is defined as the Department of Administration.
DRC: is defined as depreciated replacement costs.
HIPAA: is defined as the Health Insurance Portability and Accountability Act of 1996.
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Licensed Beds: is defined as those nursing facility beds which are licensed and certified with the
State of Wisconsin, Division of Quality Assurance.
MBE: is defined as Minority Business Enterprise
Medicaid: is defined as the term for the state administered program under Title XIX of the federal
Social Security Act and ss. 49.43 to 49.497, Wisconsin Statutes, which pays for necessary health
care services for persons whose financial resources are not adequate to provide for their health care
needs. The State of Wisconsin reimburses Medicaid certified Nursing facilities for long-term care
and health care services for eligible persons.
Methods: is defined as the Methods of Implementation for Wisconsin Medicaid Nursing Home
Payment Rates along with the State Plan approved by the Centers for Medicare and Medicaid
Services (CMS) that provides the methods and standards for setting payment rates for Nursing
facility services covered by the payment system.
Nursing Home/Nursing Facility: as defined in Section 50.01 (3) of the Wisconsin Statutes, is a
place where 5 or more persons who are not related to the operator or administrator reside, receive
care or treatment and, because of their physical condition require access to 24-hour Nursing services,
including limited Nursing care, intermediate level Nursing care and skilled Nursing services. These
also include ICF’s for individuals with intellectual disabilities or persons with related conditions as
defined in the Wisconsin Administrative Code DHS 105.12. For Medicaid certification, these
institutions shall be licensed pursuant to s. 50.03, Wis. Stats., and ch. DHS 134, Wisconsin
Administrative Code.
POP ID#: is defined as the unique identifier developed by the DLTC for each Medicaid Certified
Nursing Home Provider.
Replacement Cost: is defined as the cost to construct or replace, at one time, an entire building with
one of equal quality and utility.
RFB: is defined as Request for Bid.
Shared Area: is defined as an area inside or outside of the Nursing home that is shared with another
entity such as a hospital, day care or community based residential facility. An example is a
“kitchen” that is located in the hospital or an “administrative area” that is located in an adjacent
hospital and is shared with the Nursing home. Other areas that may be defined as shared areas
include vacant spaces in the nursing home or attached to the nursing home and revenue producing
areas such as gift shops.
State: is defined as the State of Wisconsin.
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Subcontract: A written agreement between the contractor and a subcontractor to provide services.
Subcontractor: A third party who contracts with the awarded contractor for the provision of
services, which the contractor has contracted with the Department to perform.
Technical Bid: means the vendor’s bid not including the Cost Bid.
URC: is defined as Un-depreciated Replacement Costs.
1.6 Clarification and/or Revisions to RFB Specifications and Requirements
Any questions concerning this RFB must be submitted in writing to Jessica A Harlan, Procurement
Manager at [email protected]
Written questions must be submitted by 09/25/2014 by 3:00 PM CT. All questions are to be submitted
in non-protected text format with the following subject line listed below:
Subject Line: Question S-0304 DLTC-14 – Company Name
Telephone questions will not be accepted. Any oral responses, information, dates, and/or technical
assistance received by a prospective Bidder from the Department or Department staff shall not, in any
manner whatsoever and whether before or after the release of this RFB, be binding on the State of
Wisconsin, unless followed-up and explicitly confirmed and stated in writing by the State. Bidders are
cautioned that only formal addenda issued via VendorNet are binding.
Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFB
document at this point in the RFB process. If a vendor discovers any significant ambiguity, error,
conflict, discrepancy, omission, or other deficiency in this RFB, the vendor should notify immediately
the above named individual of such error and request modification or clarification of the RFB.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise
any part of this RFB, revisions/amendments and/or supplements will be provided through the State
VendorNet system. Each bid shall stipulate that it is predicated upon the requirements, terms, and
conditions of this RFB and any supplements or revisions thereof.
From the date of release of this RFB, until a Letter of Intent is issued, all contacts with the Department
of Health Services regarding this RFB shall be made through Jessica A Harlan of the Bureau of Strategic
Sourcing unless otherwise noted in the RFB. Phone calls to state staff regarding this procurement
are not permitted during the procurement process. Violation of these conditions may be
considered sufficient cause for automatic rejection of a Bid.
1.7 Contract Quantities / New or Deleted Items
It is the intention of the Department to award a single contract for the services required in this RFB.
However, the contractor(s) shall not have exclusive rights to provide all services covered under the
contract during the term of the contract(s) or any extension thereof. The Department does not guarantee
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to purchase any specific quantity of services. Bids that state the Department must guarantee a specific
quantity or dollar amount may be disqualified.
NEW OR DELETED ITEMS: The agencies reserve the right to add new related services to this contract
based on changes in need or changes to standards unknown at the time of this bid. Qualified contractors
will be asked to provide pricing for new related services and those prices will be amended to the
contract. Contractor(s) prices must be comparable to current contract pricing for like services.
1.8 Reasonable Accommodations
The Department will provide reasonable accommodations, including the provision of informational
material in an alternative format for qualified individuals with disabilities upon request. If a vendor
needs accommodations at the outset of this RFB process, please contact the Procurement Manager (See
Section 1.6).
1.9 Calendar of Events
Listed below are specific and estimated dates and times of actions related to this Request for Bid (RFB).
The actions with specific dates must be completed as indicated unless otherwise changed by the State.
In the event that the State finds it necessary to change any of the specific dates and times in the calendar
of events listed below, it will do so by issuing an amendment to this RFB. There may or may not be a
formal notification issued for changes in the estimated dates and times.
Date
Event
09/16/2014
Date of issue of the RFB (Posted to VendorNet)
09/25/2014 by 3:00 PM CT
Written Inquiries Due: deadline for submitting written inquires,
questions, and requests for clarification
09/29/2014 (Estimated)
Inquiry Postings Due: State deadline for VendorNet posting of
answers to submitted written inquiries
10/08/2014 by 3:00 PM CT
Bids Due: late bids will not be accepted
10/13/2014 (Estimated)
Notification of intent to award
01/01/2015 (Estimated)
Contract Start Date
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1.10 Contract Term
The contract shall be effective on the date indicated on the purchase order or the contract execution date
and shall run for one year from that date, with an option by mutual agreement of the agency and
contractor, to renew for two additional one year terms.
Any Contract resulting from this RFB shall not be, in whole or in part, subcontracted, assigned, or
otherwise transferred to any other Contractor without prior written approval from the Department.
1.11 VendorNet Registration
The State of Wisconsin’s purchasing information and vendor notification service is available to all
businesses and organizations that want to sell and/or provide payable services to the State. Anyone may
access VendorNet on the Internet at http://vendornet.state.wi.us to receive information on State
purchasing practices and policies, goods, and services that the state buys, and tips on selling to the State.
Vendors may use the same website address for inclusion on the bidders list for goods and services that
the organization wants to sell to the State. A subscription with notification guarantees the organization
will receive an e-mail message each time a state agency, including any campus of the University of
Wisconsin System, posts a request for bid or a request for proposal in their designated
commodity/service area(s) with an estimated value exceeding $50,000. Organizations without Internet
access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post
simplified bids valued at $50,000 or less. Vendors also may receive e-mail notices of these simplified
bid opportunities as they are registered with the VendorNet system.
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2
PREPARING AND SUBMITTING BIDS
2.1 General Instructions
The selection of a contractor will be based on the information submitted in the vendor's bid and may
include references and any required on-site visits or oral interviews. Failure to respond to each of the
requirements in the RFB may be the basis for rejecting a response.
Elaborate bids (e.g., expensive artwork, illustrations, advanced modeling techniques, etc.) beyond what
is sufficient to present a complete and effective vendor bid are not necessary or desired.
2.2 Incurring Costs
The State of Wisconsin is not liable for any cost incurred by bidders in replying to this RFB.
2.3 Submitting the Bid
Bidders must submit Bids in strict accordance with the requirements set forth in this section. All
materials must be submitted to:
COMMON CARRIER ADDRESS:
USPS ADDRESS:
Department of Health Services
Department of Health Services
Attn: Jessica A Harlan, Procurement Manager
Attn: Jessica A Harlan, Procurement Manager
1 W. Wilson St., Rm 655
1 W. Wilson St., Rm 655
Madison, WI 53703
PO BOX 7851
Madison, WI 53703
All materials must be received in the prescribed formats by 10/08/2014 at 3:00 PM CT.
All bids must be stamped as accepted by the Procurement Manager or designee. Receipt of a Bid by the
State mail system does not constitute receipt of a Bid by the Purchasing Office, for the purposes of this
RFB. No bids are allowed to be submitted by fax or email; any bid submitted by fax or email will be
rejected.
To ensure confidentiality of the document, all bids must be packaged, sealed and show the following
information on the outside of the package:
—Bidder's name and address
—Request for Bid title
—Request for Bid number
—Request for Bid due date
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There are two components needed for complete submission of the Bids: Paper (Hard Copies) and
Electronic. Both components are due to the address above by the stated date and time. The following
submission requirements must be followed for each of the components:
Paper (Hard Copy) Bid Components:
This component must contain the original and two paper copies of the entire Bid response (Section 2.4)
including any proprietary information.
Electronic Bid Components:
In addition to the paper documents described above, the Bid must be submitted in non-password
protected PDF format on reproducible CDs recorded and labeled as follows:
Disc One must contain the entire Bid response including any proprietary information and have the
following label affixed to the disc:
Bid response – Proprietary Information Included
Nursing Home Appraisal Services
Name and Address of Bidder
RFB S-0304 DLTC-14
Disc Two must contain the entire Bid response excluding the proprietary information reported on the
Designation of Confidential and Proprietary Information form (DOA – 3027). Note: The Department in
responding to open records requests will release the information on this disc. It is the sole
responsibility of the Bidder to ensure that there is no conflict between the Designation of Confidential
and Proprietary Information form (DOA – 3027) and the information provided on this disc. The
following label must be affixed to the disc:
Bid response – Proprietary Information Excluded
Nursing Home Appraisal Services
Name and Address of Bidder
RFB S-0304 DLTC-14
2.4 Bid Organization and Format
Bids must be organized into clearly delineated sections, as shown below. Each heading and subheading
should be separated by tabs or otherwise clearly marked. The State reserves the right to exclude any
responses from consideration that do not follow the required format as instructed below.
The Bid response should be typed and submitted on 8.5 x 11 inch paper bound securely. The bid should
be well organized and each page marked by a page number, the name of the responding vendor, and the
RFB number (S-0304 DLTC-14). Font size and style throughout the submission should be 12-point font
or greater.
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The Bid submission must respond to the requested information in each of the following sections and
subsections, and responses should be clearly labeled with the following bolded headings and
subheadings and be presented in the following order:
2.4.1 TAB 1 – Bidder Table of Contents (Required)
2.4.2 Tab 2 – Bidder Forms (Required)
Cover Sheet, Request for Bid Form DOA-3070 (Page 1)
Certification Regarding Debarment and Suspension (Page 2)
Vendor Information Form DOA – 3477
Designation of Confidential and Proprietary Information Form DOA – 3027
Cooperative Purchasing Form DOA – 3333
Cost Submission
Transmittal Letter (See Section 2.4.2.1)
2.4.2.1 Transmittal Letter
A transmittal letter must accompany the RFB package. It must be on official business letterhead of the
prime Vendor submitting the Bid, and must be signed in ink by an individual authorized to legally bind
the Bidder.
The Transmittal Letter must stipulate the following:
•
The Bidder is the prime Vendor and is a corporation or other legal organization;
•
Services that the Vendor intends to sub-contract to another entity;
•
No attempt has been made or will be made by the Bidder to induce any other person or firm
to submit or not to submit a Bid;
•
Bidder certifies they have not directly or indirectly, entered into any agreement or
participated in any collusion or otherwise taken any action in restraint of free competition;
that this Bid has been independently arrived at without collusion with any other Bidder,
competitor or potential competitor; that this bid has not been knowingly disclosed prior to the
opening of bids to any other bidder or competitor.
•
The Bid is valid for a minimum of 60 days from the Bid due date;
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•
The person signing this letter and all RFB documents is authorized to make decisions on
behalf of the Bidding organization and that the person has not participated, and will not
participate, in any action contrary to this statement;
•
Assurance that the Bidder will agree to execute and fulfill a contract according to the
conditions and terms specified in this RFB;
•
That the Bid is predicated upon the requirements, terms, and conditions of this RFB, the
posted Questions and Answers, all its attachments, and any supplements or revisions thereof;
and
•
That an individual authorized to bind legally the Bidder has signed this Transmittal Letter.
2.4.3 Tab 3 – Bidder Information (Required)
The following documentation items should be included for review in this section:
2.4.3.1 References and Vendor Statement(s)
Include the Vendor Reference form (DOA-3478) in this section and Vendor Statement(s) as per Section
4.6. Include Attachment C as applicable.
2.4.4 Tab 4 – Response to Bidder Requirements (Required)
Provide a response to the requirements specified in Section 4 General Mandatory Requirements.
Responses should be in the same sequence as they appear in this RFB and be numbered as they appear
in the RFB. Include Attachment D as applicable.
2.4.5 Tab 5 – Glossary and Additional Information (Optional)
Provide a glossary of all abbreviations, acronyms, and technical terms used to describe the services or
products presented. This glossary should be provided even if these terms are described or defined at
their first use in the bid response.
Include additional information, which will be essential to an understanding of the bid. This might
include diagrams, excerpts from manuals or other explanatory documentation, which would clarify
and/or substantiate the bid. Any material included here should be referenced elsewhere in the document
and labeled with the name of the RFB section that the additional information is supporting.
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2.5 Multiple Bids
Multiple bids from a vendor will be permissible; however, each bid must conform fully to the
requirements for bid submission. Each such bid must be separately submitted and labeled as Bid #1, Bid
#2, etc., on each page included in the response. Alternate acquisition plans do not constitute multiple
bids.
2.6 Withdrawal of Bids
Bids shall be irrevocable until contract award unless the bid is withdrawn. Bidders may withdraw a bid
in writing at any time up to the bid closing date and time or upon expiration of 72 hours after the
deadline for submission if received by the RFB Procurement Manager. To accomplish this, the written
request must be signed by an authorized representative of the bidder and submitted to the RFB
Procurement Manager. If a previously submitted bid is withdrawn before the deadline for submission,
the bidder may submit another bid at any time up to the bid closing date and time.
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3
BID SELECTION AND AWARD PROCESS
3.1 Preliminary Review
The purpose of the preliminary review is to determine if each bid is sufficiently responsive to the RFB to
constitute a valid submission. Bids must comply with the instructions to vendors contained in this RFB.
Failure to comply with the instructions may cause the bid to be rejected without further consideration.
The state reserves the right to waive any minor irregularities in the bid.
3.2 Right to Reject Bids and Negotiate Contract Terms
The State reserves the right to reject any and all bids. The State may negotiate the terms of the contract,
including the award amount, with the selected bidder prior to entering into a contract. If contract
negotiations cannot be concluded successfully with the lowest cost bidder, the agency may negotiate a
contract with the next lowest cost bidder.
3.3 Method of Award
The State will compile and abstract the cost for each bid submitted in response to this solicitation.
Award(s) shall be made on the basis of the lowest cost submission from a responsive and responsible
bidder as defined in Wisconsin Administrative Code 6.01(9).
Bids that require the Department to guarantee orders of a specific quantity or dollar amount may be
disqualified.
State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or
Disabled Veteran-Owned Business (DVB) firms submitting the lowest cost, qualified bid when that
qualified bid is not more than 5% higher than the apparent low bid. Authority for this program is found
in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and
560.036(2), Wisconsin Statutes.
3.4 Notification of Intent to Award
All vendors who respond to this RFB will be notified in writing of the Department’s intent to award the
contract as a result of this RFB.
After notification of the intent to award is made and under the supervision of agency staff, copies of all
bids, with the exception of any and all materials deemed to be confidential and proprietary information,
will be available for public inspection from 8:00 a.m. to 4:00 p.m. at 1 W. Wilson St., Room 655,
Madison, WI 53704. Vendors should schedule reviews with Jessica A Harlan (See Section 1.6).
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3.5 Appeals Process
Notices of intent to protest and actual protests must be made in writing to the head of the procuring
agency. Protestors should make their protests as specific as possible and should identify any statutes
and/or Wisconsin Administrative Code provisions that are alleged to have been violated.
Any written notice of intent to protest the notice of intent to award a contract must be filed with:
Kitty Rhoades, Secretary
Wisconsin Department of Health Services
1 W. Wilson Street, Room 650
Madison, WI 53703
And received in the Secretary’s office no later than five working days after the notice of intent to award
is issued.
Any written protest must be received within 10 working days after the notice of intent to award is
issued.
The decision of the head of the procuring agency may be appealed to the Secretary of the Department of
Administration within five working days of decision issuance, with a copy of such appeal filed with the
procuring agency. Any and all appeals must allege a violation of a Wisconsin statute or a section of the
Wisconsin Administrative Code.
3.6 Other Eligible Parties
State of Wisconsin agencies, Wisconsin municipalities, other affiliated institutions and non-profit
organizations specifically linked by their mission to the Department of Health Services, may desire to
purchase from this contract. Upon mutual agreement of both the bidder and the Department, the same
pricing, terms, and conditions, resulting from this RFB may be extended to other eligible parties as
described above and/or the entities as defined in Wisconsin’s Cooperative Purchasing Service Vendor
Agreement DOA – 3333 (Reference Tab 2 – Bidder Forms (Required)).
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4
GENERAL MANDATORY REQUIREMENTS
4.1 General Requirements for Bid Response
The Bidders response to this Section must clearly demonstrate the capacity to handle the needs stated in
this RFB in addition to the Bidders current workload. The State reserves the right to request
supplementary information deemed pertinent to assure Bidders competence, business organization, and
financial resources are adequate to successfully perform. This determination is at the sole discretion of
the Department and by submitting a bid for this RFB the bidder agrees to these terms.
Requirements that include the word "must" or "shall” describe a mandatory requirement. Failure to meet
a mandatory requirement may disqualify your bid. The awarded bidder must perform the required work
in accordance with all federal, state, and local rules and regulations.
To complete Section 4 of the bid response, Bidder must:
1) provide an affirmative or negative response by checking YES or NO for each requirement where
indicated;
2) describe how the specifications will be met and/or provide additional information where requested
and;
3) complete any required form(s).
Only bids submitted by Bidders that meet all mandatory specifications will be considered for review.
However, if no bidder is able to comply with a given specification, condition of bid or provide a specific
item, the state reserves the right to delete that specification, condition of bid or item. Additional
requirements may apply upon contract execution, specific to the services being provided. By checking
YES bidder is agreeing to the terms and conditions of the requirement whether actual or implied after
the execution of a contract. If supplemental materials will be provided, clearly mark all supplements
with the corresponding section number.
NOTE: Failure to respond to all items in this section may be deemed as sufficient reason to reject a bid.
Format your response to correspond numerically with items on the Submittal Instruction (See Section
2.4).
4.2 Bidder Qualifications
The Bidder must demonstrate that it has the appropriate skill, judgment, experience and resources to
provide the Nursing home appraisal services as described in Section 1.2.1. At a minimum, this shall
include the following:
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4.2.1 Yes
No
Bidder has a minimum of three years’ experience in the evaluation or appraisal of Nursing home
property.
4.2.2 Yes
No
Bidder or an officer within the Bidder’s firm is a member of a nationally recognized society of
appraisers.
4.2.3 Yes
No
Bidder owns or has a subscription to the “BVS – Commercial” software.
4.2.4 Yes
No
Bidder agrees to maintain a quality control system in keeping with the guidelines and requirements
outlined in this RFB for ensuring accuracy, timeliness, and quality of service provided.
4.3 Staffing Requirements
Bidder must demonstrate that it has the appropriate staffing and resources to provide the Nursing home
appraisal services as described in Section 1.2.1. At a minimum, this shall include the following:
4.3.1 Yes
No
Bidder’s Contract Manager / Project Team Leader has at least three years of experience in commercial
property appraisal or has access to corporate expertise within the business model of the Bidder.
4.3.2 Yes
No
Bidder’s Contract Manager / Project Team Leader will be responsible for quality control of all
appraisals.
4.3.3 Yes
No
Bidder’s Contract Manager / Project Team Leader will be responsible for timely completion of the
appraisal team’s work throughout the duration of the Nursing Home Property Appraisal Contract.
4.3.4 Yes
No
Bidder agrees to appoint a contact person who will be available to consult with DLTC personnel during
normal working hours (8:00-4:30 Central Time, Monday - Friday), for ongoing communication and
resolution of day-to-day questions.
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4.3.5 Yes
No
Bidder agrees that DHS will retain the right to require the reassignment of an employee or employees, as
the Department may deem necessary.
Reasons for this request include, but are not limited to, incompetence, carelessness, disruptive or
otherwise objectionable behavior.
4.3.6 Documentation of Staffing Resources
Bidder must demonstrate that they have sufficient access to qualified staff resources; either employed
directly or through qualified subcontractors to complete the on-site evaluations.
Bidders are to complete the Attachment D – Staff Resources Form. Bidder must include the résumé’s
for the Contract Manager / Project Team Leader and all staff identified in Attachment D.
4.4 BVS – Commercial System
The Marshall & Swift Commercial Building Valuation System is the tool selected by the Department to
impute a depreciated replacement cost for the buildings comprising each Nursing home. The
Department has decided to employ a subset of all possible “BVS – Commercial” variables, choosing
those parameters that have the most significant impact on replacement cost. These variables are
enumerated in Section 4.4.1. The BVS – Commercial Nursing home model defaults should be used for
those values not listed or defined below.
Of paramount importance to the Department is the assurance that the values determined for each
variable are as objective as possible and hence can be replicated within reasonable tolerances. To this
end, certain standards shall be developed and strictly adhered to. Accompanying the Marshall & Swift
Commercial Building Valuation System is a reference guide, hereafter referred to as the BVS –
Commercial Reference Guide, which forms the basis for such standards, subject to modifications and
refinements as stipulated below in Section 4.4.1. The awarded vendor shall follow the BVS –
Commercial Reference Guide in determining all of the variables listed. Further refinements and
possible modifications shall be subject to negotiations between the Department and the awarded vendor
as described in Section 4.4.2.
Bidder agrees to fulfill the following requirements as per Section 4.4 Yes
No
.
4.4.1 Description of Variables
Each section of a Nursing home requires a separate valuation of BVS – Commercial variables. A
“section” is a completed building unit or addition that was designed and constructed as a single project
with a uniform construction type as defined in the BVS – Commercial Reference Guide. Basements are
considered separate sections. Each section will be uniquely identified through its POP ID# as provided
by the Department and a section number assigned by the appraiser as prescribed in item 15.
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The instructions for the BVS – Commercial Data Collection and Input Form are described in the BVS –
Commercial Reference Guide. The Bidder will provide the following variables in accordance with the
BVS – Commercial Reference Guide, without exception.
1. Policy Number – POP ID# as indicated on Attachment A
3. Property Owner – Name of Nursing home
4-6.
Address
7. Zip Code
15. Section Number – assign lowest number to oldest sections and have basements immediately
follow the section they are beneath.
16. Occupancy – this will be primarily nursing home or basement
17. Construction Classification
18. Number of Stories
19. Gross Floor Area – shall be the determination of the exterior dimensions of all interior areas
including stairwells of each floor. Specifically excluded are areas such as outdoor patios,
covered walkways, and carports. In addition to the BVS – Commercial variables, square
footage measurements shall be reported for (a) non-Nursing home areas; (b) shared service
areas by type of service; and (c) revenue-generating areas. Shared area measurements as
well as the measurements of non-nursing home and vacant areas should include adjacent
hallways and stairways if applicable. If the shared area has common hallways and stairs with
other non-shared areas, the stairs and hallways should be prorated between the adjacent areas
in proportion to the total square feet of each area sharing the common hallways and stairs.
This proration of hallways and stairs is only done to assign that space for the gross
measurements of shared, vacant and non-nursing home areas. Once the gross square footage
of these areas is determined, including adjacent hallways and stairways, no allocation of any
of the gross shared area square footages to the nursing home is required of the appraiser. The
Department shall provide a listing of known-shared areas by facility. In many cases only the
measurements, and not the valuations, of shared areas are required, but the final report must
clearly identify the location of the shared areas and whether or not they were part of a section
that was valued. In certain instances, the Contractor may be required to contact the
Department’s Nursing home auditor prior to the on-site visit for additional information. In
addition, the Contractor shall attempt to identify any other shared areas not previously
identified by the Medicaid Auditor.
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20. Construction Quality
21. Year Built
22. Building Effective Age
23. Building Condition
24. Depreciation Percent
25. Exterior Wall Material
27. Total Perimeter – common walls between sections are to be excluded from both
28. Average Story Height
31. Heating System
32. Cooling System
34. Passenger Elevators – actual number
35. Freight Elevators – actual number
36. Sprinkler System – percent of gross area served
37. Manual Fire Alarm System – percent of gross area served
38. Automatic Fire Detection – percent of gross area served
NOTE: Land values are not to be included as a component of the evaluations. Site improvements such
as landscaping, parking lots, and exterior lighting should also be excluded.
4.4.2 Refinements Subject to Negotiation
Bidder agrees to the following requirements / circumstances regarding refinements in appraisals, which
may be subject to negotiation.
a) The value of a Nursing home is difficult to determine because many facilities are involved in
a variety of other enterprises. One or several other enterprises such as day care centers,
community based residential facilities, apartment buildings, hospitals, etc., may be connected
to nursing facilities. These enterprises would typically share services such as administration,
dietary, and maintenance with the Nursing home.
b) The Department has, therefore, developed more specific guidelines and instructions
regarding the treatment of shared areas for all on-site Nursing home evaluations. The
Department will furnish the awarded vendor with an Appraisal Worksheet, along with
Special Instructions to the vendor (Sample – Attachment E), which will identify the buildings
to be appraised. The Department’s Appraisal Worksheet for each Nursing facility will
identify which buildings/components to appraise. The Appraisal Worksheet will also
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identify any additional measurements needed and whether they are inside or outside of the
building(s) to be appraised. Copies of the worksheets for year 2015 will be available for
inspection by the awarded vendor prior to appraisal. Appraisal worksheets and instructions
for on-site evaluations designated for years two and three of the contract will be available
when fieldwork begins in years 2016 and 2017. If additional shared areas, vacant spaces, or
non-nursing home areas are discovered during the evaluation process, the vendor shall
identify the square footage on the Appraisal Worksheet. All shared areas, vacant spaces, or
non-nursing home areas shall also be identified by the section of their location as well as on
each Nursing home floor plan. The vendor shall include a copy of the completed “Appraisal
Worksheet” in each evaluation report.
c) BVS – Commercial automatically calculates depreciation percentages based on the reported
building condition and effective age. The awarded vendor shall use the depreciation
percentages calculated by BVS – Commercial in all cases. In no instance should the vendor
override the depreciation percentage calculated by BVS – Commercial.
d) Items 20, 22, and 23 in Section 4.4.1 require professional judgment on the part of the
appraiser and are not quantitatively defined in the BVS – Commercial Reference Guide. The
awarded vendor shall work with the Department or its designee in developing methods for
evaluating these variables consistent with the BVS – Commercial Reference Guide within
reasonable limits. The building condition should not be rated above “good”. An objective
and quantitative methodology should be utilized to determine effective age. The
Department’s definition of depreciation for purposes of this contractual service shall measure
both physical deterioration and functional obsolescence; economic obsolescence shall not be
considered. As part of the process, the Department shall require written justification each
time a section deviates outside of a negotiated range.
Bidder agrees to the following requirements / circumstances regarding refinements in appraisals that
may require written justification, and agrees to provide this written justification under, but not limited to,
the following circumstances.
a) Whether any buildings or sections may be excluded because they provide no Nursing home
function (e.g., administrator’s residence).
b) Use of a BVS – Commercial model other than the Nursing home model for those sections
that are:
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i.
primarily non-Nursing home
ii.
originally non-Nursing home
iii.
outbuildings with specific functions other than Nursing home.
c) Differentiation of basement types and how, within BVS – Commercial, to value a basement
with interior of the same quality as the floor above.
d) How and if to evaluate crawl space and tunnels.
e) The convention for number of stories versus basement for homes built on a hillside.
f) Number of stories when top floor is only a cupola or penthouse.
g) Guidelines shall be developed to determine which outbuildings shall be included for
valuation and which shall be considered land improvements.
No additions should be made for the BVS – Commercial variables “miscellaneous additional features,”
“equipment,” or “building items and site improvements,” nor should the BVS – Commercial variable
“user adjustment factors” be used unless these variables were used for an individual facility in the last
full appraisal done for the department under the prior contract. These additions should be removed if
they no longer apply to the facility.
Criteria shall be developed with the Department or its designee to attempt to compensate in those
instances when the value of the whole is determined to be less than the value of its individual sections.
It is envisioned that this technique applies to no more than five percent of the Nursing homes.
4.4.3 Replacement Cost Calculations
The Marshall & Swift Commercial Building Valuation System shall compute the un-depreciated and
depreciated replacement costs of each section using the values determined for the variables in Section
4.4.1 Description of Variables, and the BVS – Commercial default Nursing home model values for all
other variables.
Since “BVS – Commercial” is needed to determine replacement cost, the vendor shall obtain access to
the Marshall & Swift Commercial Building Valuation System for purposes of data input. Copies of PC
compatible compact disks or flash drives containing the data, as well as the evaluations, shall be
furnished to the Department upon completion of the evaluations. Electronic copies of the updates will
be sent to the Bureau of Fiscal Management (BFM) – DLTC. Media, form, and exact electronic address
will be negotiated by the Contractor and BFM – DLTC.
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4.5 Reporting
Bidder agrees to fulfill the following requirements as per Section 4.5 Yes
No
.
4.5.1 Draft Appraisal Reports
Bidder agrees to send a draft report to the Department no later than two weeks after each Medicaid
certified Nursing home on-site evaluation. The Department will review the reports to ensure that the
contents meet with the appraisal requirements requested in this document. If the Department approves
the draft report, an approval letter will be sent to the vendor. If the draft report is not approved, the
vendor shall accommodate all corrections required by the Department.
Vendor shall return a corrected draft appraisal within two weeks of receiving the correction letter. The
vendor shall also send a copy of all reports and corrections to the pertinent Nursing home provider.
4.5.2 Final Report Transmittal
The vendor will be responsible for providing reports upon completion of each on-site evaluation. A
separate report is required for each section as described above. It will include only the BVS –
Commercial variables specified and the un-depreciated and depreciated replacement cost as calculated
by BVS – Commercial. In addition, the number of licensed beds as provided by the Nursing home
during the on-site inspection shall be included. If a particular section has no beds, its function should be
specified instead. Accompanying this information will be any interior square footage amounts for nonNursing areas, shared service areas, and revenue generating areas as described in Section 4.4.1, item
number 19.
Completed evaluation reports shall be due by June 30th in years 2015, 2016, and 2017 for Nursing
homes for which the Contractor reruns “BVS – Commercial” to update appraisals from on-site
evaluations completed in years 2013, 2014, and 2015.
The vendor will transmit final reports to the evaluated Nursing homes via both e-mail and Certified Mail
– Return Receipt Requested. This transmittal shall include a copy of the Department’s approval letter
and a copy of the Evaluation Appeal Protocol Form (Attachment F) to contest the information contained
in the final report.
All final appraisal reports must be submitted to the Department no later than June 30th in each year of
the appraisal contract. All copies of the reports become the property of the State of Wisconsin. Each
final report will include a summary sheet and the summary must contain the total undepreciated
replacement cost, the total depreciated replacement cost, the total number of licensed beds as provided
by the Nursing home, and the total number of sections as determined by the on-site appraiser.
The format for the final reports will be negotiated by the awarded vendor and the Department or its
designee prior to any on-site inspections. All reports will be submitted electronically. Text and tables
will be in Microsoft Word format. Images, maps, and sketches will be in JPG format. All reports and
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supporting property evaluation worksheets shall become the property of the State of Wisconsin upon
completion of each on-site evaluation.
Note: Any intentional falsification of reports may result in contract termination.
4.5.3 Request for Hearings
In cases where an Administrative Hearing is requested, DLTC will meet with the vendors Project
Director to determine if a re-evaluation is necessary.
At the request of the vendor, the Department shall provide copies of the latest available evaluation
reports, most of which were completed during 2012 – 2014.
4.5.4 Representation at Hearings
If any Medicaid certified Nursing home providers contest the property reimbursement resulting from the
Vendor’s on-site property appraisal, the vendor agrees that it shall be responsible for testifying at any
administrative hearings under Chapter 227 of the Wisconsin Statutes. The Vendor’s representation at
such hearings shall be at no additional cost.
4.6 References and Vendor Statement(s)
Bidder must provide a comprehensive list of all clients reflecting the last year of commercial appraisal
services using Vendor Reference form DOA-3478. Include points of contact (person’s name, company
name, address, email address, and telephone number) and a brief description of the project or assignment
that was the basis for the business relationship. Completed form (DOA-3478) will be considered your
response to this section. (NOTE: Potential subcontractors or DHS staff cannot be references.)
The procuring agency will determine which, if any, references to contact and/or to visit to assess the
quality of work performed, the personnel assigned to the project, and/or to see the product in use. The
bidder will not be present during any reference check site visits. The results of any reference checks
may be used to clarify and substantiate information in the bid submission. If contacted, all references
should verify that a high level of satisfaction was provided. DHS may also utilize other pertinent
sources of information regarding the services provided by the bidder.
4.6.1 Disclosure Statements
Vendor is required to complete the Financial / Business Relationship form (Attachment C) disclosing
any financial or business relationships that exist with any of the nursing homes listed in Attachment A.
Bidder must provide a comprehensive list of past and current litigation. List must provide individual or
company and, if possible, settlement amount. If no litigation issues, stipulate the same on a separate
sheet of paper with a header – Litigation History. Sanctions or convictions of fraud or falsifying records
or other relevant legal action may be grounds for disqualification.
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Furthermore, Bidder must disclose any past contract actions brought against the organization for breach
of contract or any contracts that were terminated because of the organization’s breach or financial
instability.
If the vendor is a subsidiary, this information must also be submitted for all parent companies. If the
vendor will use subcontractors, associated companies, or others to complete the work of the project, the
vendor’s responses must include pertinent subcontractor information.
4.6.2 Financial Statements
Bidders and each subcontractor (if any) must be able to substantiate their financial stability.
Independently audited financial statements for the last three completed fiscal years, along with
additional supporting documentation (Income Statement, Statement of Cash Flows, Balance Sheet, and
Statement of Change in Financial Position along with all auditors’ notes) must be submitted with the bid
response. If the Bidder is a subsidiary, the parent company must be identified and the consolidated
audited financial statements of the parent company must be submitted. The State may request reports on
financial stability from independent financial rating services to substantiate the bidding vendor’s
stability. Vendor name is to be included on each page submitted.
If no audit was required, please explain why and submit two years of financial statements certified by
two officers of the Board of Directors, and the chief financial officer/financial manager.
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5
COST SUBMISSION
The total bid price will represent an all-inclusive bid for all costs associated with this contract and all
costs to perform the requirements enumerated in the RFB.
Instructions: Insert the name of the bidder below:
Name:
Total homes to be appraised: 370
Instructions: Complete Column A and Column C.
Column B is the Fixed Price per Home bid for this RFB. This amount is only allowed to be carried to
two decimal points. Column C is the sum of the amount in Column A multiplied by the number of
homes to be appraised (370) bid for this RFB in Column B. The amount listed in Column C is the
amount that will be considered the official bid amount for this RFB
Column A
Column B
Column C
Fixed Price Per Home
Quantity
Total Cost
$ _ _ _._ _
370
$ _ _ _._ _
____________________________________
Bidder’s Signature
_____________
Date
NOTE: No other costs, including but not limited to other direct, indirect, allocated, travel, or
incidental expenses may be proposed or charged to the ensuing contract. Bid must be inclusive of
all costs associated with performance of contract requirements and fulfillment of contract
deliverables. The total in Column C represents the official bid amount for this RFB.
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5.1 Fixed Price Period
All prices, costs, and conditions outlined in the bid shall remain fixed for the duration of the contract,
starting on the due date for bids. Price adjustments will not be allowable.
5.2 Price Clarifications
The Department reserves the right to clarify any pricing discrepancies related to assumptions on the part
of any vendor. Such clarification will be solely to provide consistent assumptions from which an
accurate cost comparison can be achieved.
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6
SPECIAL CONTRACT TERMS AND CONDITIONS
6.1 Payment Terms and Schedule
Upon receipt of an approval letter from DLTC, the appraiser may invoice the facility. The State
assumes no liability for nursing home payments to the Contractor for services performed under this
contract. If a facility is late in paying the invoice, the appraiser can notify DLTC and DLTC will contact
the facility with information regarding payment due to the contractor and/or penalties for noncompliance.
Contractor is prohibited for invoicing over the amount of the rate bid.
6.2 Prime Contractor and Subcontractors
Subcontracting may be allowed in this contract. The prime contractor will be responsible for contract
performance when subcontractors are used. However, when subcontractors are used, they must abide by
all terms and conditions of the contract. If subcontractors are to be used, the bidder must clearly explain
their participation.
The Department of Health Services, Division of Long Term Care will make the final determination of
acceptability of the subcontractor.
6.3 Indemnification
The Contractor shall indemnify and hold harmless the State and all of its officers, employees and agents
from and against any suits, causes, actions, claims, costs and expenses including States attorney fees in
connection with civil or criminal action or bodily injury to any person or damage to any property an
individual caused by or arising out of any act or omission of the Contractor, its officers, employees or
agents.
6.4 Liquidated Damages
The contractor is expected to meet all delivery dates negotiated and specified in the contract. The
contractor agrees the Department shall have the right to liquidate any damages, through deduction from
the contractor's invoices, in the amount equal to the damages incurred, or by direct billing to the
contractor.
6.5 News Releases
News releases pertaining to this procurement or any part of the bid shall not be made without prior
approval of the Department.
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6.6 Supplier Diversity
6.6.1 Minority-Owned Business Enterprise
Minority-owned business enterprises (MBEs) are certified by the Wisconsin Supplier Diversity
Program. This program can be found at: https://wisdp.wi.gov/. The State of Wisconsin is committed to
the promotion of MBEs in the State's purchasing program. Wisconsin statutes provide for a permissive
5% price preference for certified MBEs that compete for State contracts. This means that State agencies
may make an award to the MBE submitting the lowest qualified bid when that qualified bid is not more
than 5% higher than the apparent low bid. (A bidder preference will not be considered on a printing or
stationery procurement.) Policy provides that MBEs should have the maximum opportunity to
participate in the performance of its contracts. The supplier/contractor is strongly urged to use due
diligence to further this policy by awarding subcontracts to MBEs or by using such enterprises to
provide goods and services incidental to this agreement.
The supplier/contractor shall furnish appropriate quarterly information about its efforts, including the
identities of such businesses certified by the Wisconsin Supplier Diversity Program and their contract
amount.
A listing of certified MBEs, as well as the services and commodities they provide, is available
at: http://wisdp.wi.gov/search.aspx.
6.6.2 Veteran-Owned Business
The State of Wisconsin encourages the participation of veteran-owned businesses (VBs) in the statewide
purchasing program by inviting VBs to actively solicit public purchasing business and by reducing
undue impediments to such participation. VBs are certified by the Department of Veterans Affairs
(DVA). Applicants must complete a Veteran-owned Business Request for Certification form (WDVA
1037). Contact the DVA at: http://dva.state.wi.us/. Currently there is no price preference for certified
VBs that compete for State contracts.
6.6.3 Disabled Veteran-Owned Business
Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Supplier Diversity
Program. This program can be found at: https://wisdp.wi.gov/. The State of Wisconsin is committed to
the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive
5% price preference for certified DVBs that compete for State contracts. This means that State agencies
may make an award to the DVB submitting the lowest qualified bid when that qualified bid is not more
than 5% higher than the apparent low bid. (A bidder preference will not be considered on a printing or
stationery procurement.) Policy provides that DVBs should have the maximum opportunity to
participate in the performance of its contracts. The supplier/contractor is strongly urged to use due
diligence to further this policy by awarding subcontracts to DVBs or by using such enterprises to
provide goods and services incidental to this agreement.
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The supplier/contractor shall furnish appropriate quarterly information about its efforts, including the
identities of such businesses certified by the Supplier Diversity Program and their contract amount.
A listing of certified DVBs, as well as the services and commodities they provide, is available
at: http://wisdp.wi.gov/search.aspx.
6.6.4 Woman-Owned Business Enterprise
Woman-owned business enterprises (WBEs) are certified by the Woman's Business Ombudsman. This
program can be found at: https://wisdp.wi.gov/.
State certified WBEs are able to provide both governmental entities and private companies with a
credible recognition of the business’ ownership. The WBE certification may serve as an additional
marketing tool when seeking contract opportunities with entities that place a value on having a diverse
supplier base. Currently there is no price preference for certified WBEs that compete for State contracts.
A listing of certified WBEs, as well as the services and commodities they provide, is available
at: http://wisdp.wi.gov/search.aspx.
6.7 Executed Contract to Constitute Entire Agreement
In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and
revisions, and the bid of the successful bidder, and additional terms agreed to, in writing, by the
Department and the contractor shall become part of the contract. Failure of the successful bidder to
accept these as a contractual agreement may result in a cancellation of award. The following priority for
contract documents will be used if there are conflicts or disputes:
1) Official purchase order.
2) The respective agreement/contract.
3) Vendor’s bid awarded in soliciting work.
4) State’s RFB.
5) State of Wisconsin Standard Terms and Conditions (DOA-3054 and DOA-3681).
6.8 Termination of Contract
The Department may terminate the contract at any time at its sole discretion by delivering 30 days
written notice to the contractor. Upon termination, the Department’s liability will be limited to the pro
rata cost of the services within the limits of the fixed-price contract work performed as of the date of
termination with the prior written approval of the Department. In the event the contractor terminates the
contract, for any reason whatsoever, it will refund to the agency within 14 days of said termination all
payments made hereunder by the Department to the contractor for work not completed or not accepted
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by the Department. Such termination will require written notice to that effect to be delivered by the
contractor to the Department not less than 14 days prior to said termination.
6.9 Standard Terms and Conditions
The State of Wisconsin Standard Terms and Conditions (DOA-3054) and Supplemental Standard Terms
and Conditions for Procurements for Services (DOA-3681) shall govern this solicitation and subsequent
award. In the event of a conflict between the Standard and Supplemental Standard Terms and
Conditions and this solicitation, the terms of RFB # S-0304 DLTC-14, including any amendments, shall
prevail.
Vendors must accept all terms and conditions or submit point-by-point exceptions along with proposed
alternative or additional language for each point, including any supplemental documents. Submission of
any standard vendor contracts as a substitute for language in the terms and conditions is not a sufficient
response to this requirement and may result in rejection of the vendor’s bid.
Failure of the successful Bidder to accept these obligations in a contractual agreement may result in
cancellation of the award. The State reserves the right to negotiate contractual terms and conditions
other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so.
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7
POST AWARD REQUIREMENTS
7.1 Affirmative Action
As required by Wisconsin's Contract Compliance Law (s. 16.765, Wis. Stat.), every Provider contracting
with the Purchaser must agree to equal employment and affirmative action policies and practices in its
employment programs. The Provider must submit an Affirmative Action Plan to the Purchaser in
accordance with the Wisconsin Office of Contract Compliance instructions posted on the following
website: http://vendornet.state.wi.us/vendornet/contract/contcom.asp.
An affirmative action plan is required from a Provider who receives a state contract over $50,000 AND
who has a work force of 25 or more employees as of the award date, unless the Provider is exempt by
established criteria. The plan is due to the Purchaser within 15 working days of the award date of the
Purchaser’s contract. The plan must have been prepared or revised not more than one year prior to the
award date of the contract. Universities, other states and local governments, except those of the State of
Wisconsin who receive state contracts of over $50,000, must submit affirmative action plans in the same
manner as the Provider.
7.2 Civil Rights Compliance
In agreements for the provision of services to clients, the Provider must comply with all Federal Civil
Rights laws applicable to service delivery requirements. The Provider agrees to meet state and federal
Civil Rights Compliance (CRC) laws, requirements, rules and regulations, as they pertain to the services
covered by this agreement. All Providers must submit the appropriate CRC documentation within 15
working days of the award date of the agreement or contract in accordance with the procedures outline
on the following website: http://dhs.wisconsin.gov/civilrights/CRC/requirements.htm.
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