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Form No. DPP-RFP-PS-68-75 Approved 5/7/75 Revised 3/18/08 GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES Request for Proposal - Negotiation PROFESSIONAL SERVICES To: _... Date: April 9, 2018 se we RFP-010-2018 (Professional) Pursuant to 31 V. I. C. § 239 (a) (4) and the Rules and Regulations thereunder issued, the Government of the Virgin Islands, Property and Procurement, will receive proposals for the work described below. Proposals will be received until Tuesday, May 8, 2018 at 4:00 P.M. DESCRIPTION OF WORK The Government of the Virgin Islands, Department of Property and Procurement is requesting proposals from qualified contractors for the following services: RFP-010-2018 (P) Disaster Case Management Program for the Department of Human Services, U.S. Virgin Islands. SCOPE OF SERVICES: SEE ATTACHED Form No, DPP-RFP-PS-68-75 Approved 5/7/75 Revised 3/18/08 NEGOTIATED PROCEDURES: The Commissioner of the Department of Property and Procurement will appoint a Selection Committee to assist in the evaluation and selection of the Contractor. Accordingly, current data on qualifications and performance should be submitted with proposals. After reviewing the qualifications and proposals, the Committee will select for discussions from the firm/s or person/s considered not less than three (3), in order of preference, deemed to be the most highly qualified to provide the services herein required. Discussions will be conducted successively and severally with the firms or persons so selected regarding the anticipated concepts and the relative utility of alternative methods of approach for furnishing the services hereunder. FACTORS FOR DISCUSSIONS: Selection criteria will include (i.) Professional qualifications, registration and general reputation of the principals of the firm; (ii) the extent to which the firm or person specialized in or has designed project of a type and scope similar to that hereunder; (iii) familiarity with the area in which the project is to be located; (iv) capability of meeting schedules; and (v) quality of performances on other projects. NEGOTIATION: The Selection Committee shall recommend to the Commissioner the highest qualified firm or persons with whom a contract shall be negotiated. The Commissioner, with the assistance of the Selection Committee shall negotiate a contract with such firm or person. Should the Commissioner be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price he determines to be fair and reasonable to the Government, negotiations with that firm will be formally terminated? Negotiations will then be commenced with the second most qualified, the third most qualified or additional firms, in order of preference and their competence and qualification, and shall continue until an agreement is reached. Lloyd T. Bough Jr. Commissioner Property and Procurement INSTRUCTION TO PROPOSERS A. NOTICE This project is for, the following services: RFP-010-2018 (P) Disaster Case Management Program for the Department of Human Services, U.S. Virgin Islands. Information provided in the scope of work is to be used only for purposes of preparing a proposal. It is further expected that each bidder will read the scope of work with care, for failure to meet certain specified conditions may invalidate the proposal. The Government of the Virgin Islands, hereinafter referred to as GVI, reserves the right to reject any or all proposals or any portion thereof and to accept the proposal deemed most advantageous to GVI. Price shall not be the sole criterion of awarding this project. Scope and quality of work proposed and the ability of the bidder to complete this type of project shall be considered. Applicants are requested to submit proposals based on the scope of work. Alternative proposals recommending new features and technology other than that requested in the scope of work will receive consideration providing such new features and/or technology is clearly explained. Any exceptions to the requirements requested herein must be clearly noted in writing and be included as part of the proposal. The information contained herein is believed to be accurate, but is not to be considered in any way as a warranty. Request for additional information clarifying the Scope of Work should be directed in writing to Deputy Commissioner of Procurement, Dynell R. Williams at Dynell.williams@dpp.vi.gov. STATEMENT OF PURPOSE This project has been addressed to assist the Government of the Virgin Islands in meeting The need for the following services: RFP-010-2018 (P) Disaster Case Management Program for the Department of Human Services, U.S. Virgin Islands. PROPOSED SCOPE OF WORK SEE ATTACHED TIMETABLE. 1. Proposals will be accepted at the Department of Property and Procurement, no later than Tuesday, May 8, 2018 at 4:00 P.M. 2. Last Day for request for written clarification question will be: Thursday, April 26, 2018 at 4:00 P.M. SUBMISSION OF PROPOSAL All interested parties shall submit five (5) sets of proposals (one (1) original and four (4) copies), which are to be delivered to the Department of Property and Procurement during normal business hours, no later than Tuesday, May 8, 2018 at 4:00 P.M. They shall be addressed to: Lloyd T. Bough Jr. Commissioner Department of Property and Procurement #3274 Estate Richmond, Christiansted St. Croix, U.S. Virgin Islands 00820-4200 The sealed envelope containing the proposal must have the following information written on the outside of the envelope: SEALED PROPOSALS - DO NOT OPEN RFP-010-2018(P) (Name of Offeror) (Mailing Address of Offeror) (Telephone Number of Offeror) (Fax Number of Offeror) Where proposals are sent by mail, the bidder shall be responsible for their delivery to the Department of Property and Procurement before the date and time set for the closing of acceptance of proposals. WITHDRAWALS OF PROPOSAL A proposal may be withdrawn at any time prior to the time specified as the closing time for acceptance of proposals. However, no proposal shall be withdrawn or canceled for a period of thirty (30) days after said closing time for acceptance of proposals nor shall the successful provider withdraw or cancel or modify his proposal, except at the request of GV] after having been notified that said proposal has been accepted by GVI. INTERPRETATION OF SPECIFICATIONS If any person contemplating submitting a proposal requires clarification of any part of the scope of work, he/she may submit to the GVI a written request for an interpretation thereof to the Deputy Commissioner of Procurement, Dynell R. Williams GVI will not respond to questions received after the above-established date. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the scope of work will be made in writing to all prospective providers. Oral explanations will not be binding. CONSIDERATION OF PROPOSAL The Commissioner of Property and Procurement shall represent and act for GVI in all matters pertaining to the scope of work and contract in conjunction therewith. This RFP does not commit GVI to the award of a contract, nor pay any cost incurred in the preparation and submission of proposals in anticipation of a contract. GVI reserves the right to reject any or all proposals and to disregard any informality and/or irregularity in the proposal when, in its opinion, the best interest of GVI will be served by such action. Proposals failing to provide some of the items in the scope of work shall not be rejected per se, but any deviations from the scope must be clearly noted. ACCEPTANCE OF PROPOSALS GVI will notify in writing acceptance of one of the proposals. Failure to provide any supplementary documentation to comply with the vendor’s proposal may be grounds for disqualification. CONTENTS OF PROPOSAL The following is a list of information to be included in the written proposal. Failure to comply with all the requirements as outlined may disqualify the applicant. 1. Introductory letter about the applicant: a. Firm Name, address, fax and telephone b. Type of service for which Firm is qualified. 2s Organization: a. Names of Principals of Firm b. Names of key personnel with experience of each and length of time in organization. c. Number of staff available for assignment. (Local & Off-Territory) Copy of Article of Incorporation Copy of Certificate of Resolution Copy of Valid Business License Copy of Certificate of Good Standing mimes 4; Outside consultants that will be retained for this project and percentage of work to be sub-contracted. 4. Project experience: a. List of completed projects of similar type and estimated cost of each. b. Current projects underway; scope; percentage completed to date and estimated cost of each. 3. Project References: (including a notarized written consent from the authorized representative which must include: name; telephone number; email address and facsimile number). 6. Project Approach: a. Describe how you will approach this project and availability to perform the services requested. 7. Cost: The Cost Proposal must be submitted in a separate sealed envelope. CONFLICT OF INTEREST A bidder filing a proposal hereby certifies that no officer, agent or employee of GVI has a pecuniary interest in this proposal or has participated in contract negotiations on behalf of GVI; that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other Bidder for the same request for proposals; the Bidder is competing solely in its own behalf without connection, with, or obligation to, any undisclosed person or firm. LICENSE REQUIREMENT An award will not be made to any firm or individual doing business in the Virgin Islands to perform work with the Government of the Virgin Islands until evidence is submitted that the said firm or individual has a valid V. I. Business License to do similar business in the Virgin Islands. Bidders must submit hard copy of a valid V. I. Business license within ten (10) working days after award. All Bidders bidding as Joint Ventures that do business in the Virgin Islands must be licensed as a Joint Venture in the Virgin Islands. M. REQUIRED DOCUMENTS 1. PUBLIC LIABILITY: The successful bidder will be required to obtain and have in place public liability insurance and other insurance necessary as requested in this proposal package. Insurance policy(ies) shall name the Government of the Virgin Islands as “Additional insured.” The public liability insurance shall have a minimum limit of not less than one hundred thousand ($100,000.00) dollars for any one occurrence for death or personal injury and one hundred thousand ($100,000.00) dollars for any one occurrence for property damage. Offeror must provide public liability insurance with ten (10) working days after award. WORKERS’ COMPENSATION: Within ten (10) working days after award of project the successful offeror must submit a copy of their certificate providing that his firm and his agents are covered by Workers Compensation Employee’s Liability. FAILURE TO PROVIDE THE CERTIFICATES WITHIN THE STATED TIME PERIOD MAY RESULT IN THE PROPOSAL DEEMED AS NON-RESPONSIVE AND MAY BE IMMEDIATELY DISQUALIFIED WITH NO FURTHER CONSIDERATION GIVEN FOR POTENTIAL AWARDING OF THE CONTRACT. N. REQUIREMENTS FOR CORPORATIONS: ils 2. 3. ARTICLES OF INCORPORATION CERTIFICATE OF CORPORATE RESOLUTION CERTIFICATE OF GOOD STANDING THESE WILL BE REQUIRED PRIOR TO AWARD OF CONTRACT. te ahi Request for Proposals for The Disaster Case Management Program for the Department of Human Services RFP #: GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES Request for Proposal — Disaster Case Management Program (DCMP) Pursuant to 31 V.I.C. 239 (a) (4) and Rules and Regulations thereunder issued, the Government of the Virgin Islands, Department of Property and Procurement will receive proposals for the work described below. Proposals will be received until DESCRIPTION OF WORK AND PROJECT: The Department of Human Services (DHS) is submitting this Request for Proposals (RFP) to solicit proposals from qualified Management Agencies to provide relief to the disaster survivors by connecting them with the resources plans that incorporate sustainable assistance for the household's recovery for the territory. The work consists of providing long term and short term assistance to clients in the DCMP as outlined in this Request for Proposals. Form No. APPROVED May 7, 1975 REVISED August 18, 2008 NEGOTIATED PROCEDURES: The Commissioner of the Department of Property and Procurement will appoint Selection Committee to assist in the evaluation and selection of the Contractor. Accordingly current data on qualifications and performance should be submitted with proposals. After reviewing the qualifications and proposals the Committee will select for discussions from the firm/s or person/s considered not less than three (3), in order of preference, deemed to be most highly qualified to provide the services herein required. Discussions will be conducted successively and severally with the firms or persons so selected the anticipated concepts and the relative utility alternative methods of approach for furnishing the services hereunder. FACTORS FOR DISCUSSIONS: Selection criteria will include (i) Relevant experience and Expertise; (ii) Organizational Approach and Understanding; (iii) Vendor Staff and Level of Effort (iv) Project cost. NEGOTIATION: The Selection Committee shall recommend to the Commissioner the highest qualified firm or person with whom a contract shall be negotiated. The Commissioner, with the assistance of the Selection Committee, shall attempt to negotiate a contract with such firm or person. Should the Commissioner be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price he determines to be fair and reasonable to the Government, negotiations with that firm will be formally terminated. Negotiations will then be commenced with the second most qualified, the third most qualified or additional firms, in order to preference and their competence and qualification, and shall continue until an agreement is reached. Lloyd T. Bough Commissioner Department ofProperty & Procurement Disaster Case Management Program-Tertitory-wide TABLE OF CONTENTS Notice Statement of Purpose Scope of Work oaseee Time Table ... 27 Submission of Proposal 27 aoe seneeeeeeeneeene 28 Withdrawal of the Proposal Interpretation of Specifications 28 Consideration of Proposal 28 30 Acceptance of Proposals Conflict of Interest 30 Licensure Requirements .......... tissiaaaTenwewe Sa eusceeeneneeeceacesenseceeeucneceucuceaeesecenatseensenpenente 30 30 Required Documents Contract Type and Duration 31 31 N. Contents of the Proposal 35 Evaluation of the Proposal Project Cost aeeeene sence reese rene ee eee eee een eee ee eee ee eee eee ere eee eee ee . sieennennieot sseansnenncadsaceeatea 7 eneee eenenoeee ones eee eee nese 38 Terms and Conditions ............-s.6++ Sueaneeewex esis Disaster Case Management Program-Territory-wide A. NOTICE RFP# To provide long-term Disaster Case Management (DCM) services for survivors of a federally declared disaster. DCM services will involve intake, assessment, triage, development of long-term recovery plans, referrals, active advocacy for the client including phone calls and visitations as necessary, and monitoring of completion of recovery plans. Services will include extensive contact with clients in person and through interactive media such as the internet or telephone. Case management services will address verified unmet needs attributable to the Presidentially declared disaster as determined by an intake assessment process with clear guidelines about what needs may be attributable to the disaster. Providers will work closely with Long Term Recovery Committees (LTRC) to identify unmet needs and connect those needs with resources. DCM services will include organizing and providing referrals and advocate for clients. This effort is federal funded but administered at the Territorial level. The service will build upon the work of numerous local governmental agencies, and community and faith based organizations that have been extensively inolved in disaster recowery. Information provided in the scope of work is to be used only for purposes of preparing a proposal. It is further expected that each bidder will read the scope of work with care, for failure to meet certain specified conditions may invalidate the proposal. The Government of the Virgin Islands (herein after referred to as GVI or Territory) reserves the right to reject any or all proposals or any portion thereof and to accept the proposal deemed most advantageous to GVI. Price shall not be the sole criterion of awarding this project. Scope and quality of work proposed and the ability of the bidder to complete this type of project shall also be considered. Disaster Case Management Program-Territory-wide Applicants are requested to submit proposals on the basis of the scope of work. Alternative proposals recommending new features and technology other than that requested in the scope of work will receive consideration providing such new features and/or technology is clearly explained. Any exceptions to the requirements requested herein must be clearly noted in writing and be included as part of the proposal. The information contained herein is believed to be accurate, but is not to be considered in any way as a warranty. Request for additional information clarifying the Scope of Work should be directed in writing to Commissioner of the Department of Property and Procurement (DP&P) Lloyd T. Bough, at lloyd.bough@dpp.vi.gov.All requests will be forwarded to the Honorable Felecia L. Blyden, Commissioner, Department of Human Services. STATEMENT OF PURPOSE The GVI, through the Department of Property and Procurement, (hereinafter “DP&P”), on behalf of The Department of Human Services (DHS) is submitting this Request for Proposals (RFP) to solicit proposals from qualified Management and Provider Agencies. The Department of Human Services (DHS) proposes to provide Disaster Case management services to the territory through a Management Agency (MA) that will use community based agencies to provide the case management services. The successful Management Agency will provide oversight of providers and staffing in accordance with all Federal and Local laws and regulations governing such services to victims of major disaster to identify and address unmet needs. The organization chosen as the Managing Agency (MA) The organization chosen as the Managing Agency (MA) will have worked closely with the local Long Term Recovery Committees (LTRC), and other agencies engaged in disaster response. The MA will demonstrate the capacity and local knowledge to provide this service. The MA will implement Disaster Case Management Program (DCMP) Disaster Case Management Program-Temitory-wide services through contracts or vendor agreements, other disaster case management service providers, and Provider Level Agencies (PLAs). SCOPE OF WORK The successful subgrantee(s) must demonstrate their ability to provide long-term disaster recovery case management services by describing the following: Initiating Contract Subgrantee(s) must show how they and/or their subreciepients will initiate contact with clients both by having been provided contact information and through establishment of a 1-800 number. Subgrantee(s) must specify a timeframe for affirmatively contacting the list of clients in their proposed coverage area. Intake Subgrantee(s) must describe the single intake process, including the information to be taken to be used at its client intake points. Subgrantee(s) must specify target timeframes from the initial client contact to the intake phase. Subgrantee(s)and all subrecipients must have accessible facilities or the ability to travel to and from clients’ residence. Subgrantee(s) must demonstrate accommodations to be made for individuals with difficulty traveling. Subgrantee(s) may provide mobile units for intake Triage Framework Department of Human Services will require that cases be triaged into one of four tiers: Tier 1: No emergent disaster-related unmet needs identified; no items identified on risk inventory; minimal disaster-related housing issues; employed and stale; minimal quarterly monitoring and updating. Disaster Case Management Program-Territory-wide Tier 2: No emergent disaster related unmet needs identified; 0-1 items identified on risk inventory; minor disaster-related housing issues; needs motivation and cold work but delayed employment while receiving FEMA assistance; monthly contact. Tier 3: 0-2 emergent disaster-related unmet needs identified; 13 items identified on risk inventory; medium disaster-related housing issues, needs skills, has little or no work experience, limited ability to address disaster caused needs due to vulnerability such as elderly, individuals with disabilities, children, those with literacy challenges, or those with limited English proficiencies; bi- weekly or weekly contact. Tier 4: 2 or more emergent disaster-related unmet needs identified; 3 or more items identified on risk inventory; severe disaster-related housing issues; lacks capacity and is highly dependent on public assistance and social services and/or is not employable due to age, disability or other limiting factors; weekly, twice a week, at times daily, contact needed. A risk inventory identifying factors that may further complicate a prospective client’s recovery, including but not limited to: e Residing in a shelter or temporary housing e Income at or below the federal poverty level e One or more household members over the age of 55 years e One or more household members has a disability e Communicates in a primary language other than English e One or more household members have medial needs e One or more household members have mental health needs e Head of household is a single woman or man with dependent children Disaster Case Management Program-Territory-wide Case management services will not address non-disaster needs such as needs that existed for the client prior to the declared disaster or other pre-existing conditions such as medical, mental health and substance abuse needs. Case management services provided under this RFP may include addressing pre-existing conditions that were made worse by the impact of the Presidentially declared disaster in such a way as to restore the client to pre-disaster levels. Provision of Case Management Needs Assessment Subgrantee(s) must describe the single needs assessment process to be used across their proposed service area. Subgrantee(s) must have target timeframes from client intake to needs assessment Subgrantee(s) must have strategies for verifying needs to clients Needs Assessment Tool Subgrantee(s) must describe the assessement tool providing a template as appropriate. The assessment to tool should consist of: e Narrative section e Sequence of delivery e Housing assessment e Homeowner's assessment e Financial assessment e Identification of client’s strength and resources e Needs assessment e Verification section; and e A services and referral tracking section Recovery Plans Disaster Case Management Program-Territory-wide Subgrantee(s) must describe their recovery plan development process. Subgrantee(s) must describe the client-case manager working relationship. Subgrantee(s) must describe the case manager/long term recovery committee working relationship. Subgrantee(s) must have a documentable plan for each case directly tied to the needs assessment. Subgrantee(s) must have target timeframes from the need s assessment to the recovery plan phase. Subgrantee(s) much describe both client and case manager responsibilities in developing recovery plans. Subgrantee(s) must describe their approach to encouraging client commitment to the recovery plan. The recovery plan must consist of recovery goals, objectives, action steps, timeframes and outcomes. Advocacy Subgrantee(s) must demonstrate its approach to advocacy on behalf of clients. Subgrantee(s) must articulate the principles of client self sufficiency and its philosophy of client advocacy. Subgrantee(s) must describe the conditions that warrant advocacy as opposed to the conditions that do not warrant advocacy by the case manager Monitoring Subgrantee(s) must describe how progress in meeting client recovery plan goals will be monitored. Subgrantee(s) must describe case manager responsibilities in monitoring the recovery plan progress. Subgrantee(s) must describe client’s responsibilities in reporting obstacles to completing the recovery plan Issue Escalation Subgrantee(s) must describe how significant issues that may arise with a case such as roadblocks, lack of progress, or lack of client participation will be identified Subgrantee(s) must describe the process for resolving issues raised through the issue escalation process Closing Cases Disaster Case Management Program-Territory-wide Page Il of 57 1. Subgrantee(s) must describe how a case will be closed 2. Subgrantee(s) must provide clear criteria for case closure Evaluation of Client Subgrantee(s) must describe its system for obtaining and using client feedback about the case management process at significant steps in the assessment and recovery process. Service Levels Case Duration Subgrantee(s) must propose an average case duration for each tier to be served in months. Service Intensity Subgrantee(s) must propose an average amount of time spent by a case manager for each tier of case during the average case duration for that tier. Service intensity may be expressed as number of hours per month. Management of Case Managers Area Case Ratios 1. Subgrantee(s) must attach job descriptions for case managers to their proposals. The job descriptions must address minimum qualifications and have job titles that correspond to those used in the completion of Worksheet Tab “Case Met Salaries & Titles” in Appendix B, Staffing Plan and Budget. a Subgrantee(s) must describe their process for assigning cases. Disaster Case Management Program-Territory-wide 3. Subgrantee(s) must describe the anticipated, planned, or required case mix for case managers given the case priority system proposed. 4. Subgrantee(s) must commit to a ratio of 1 case manager to 35 per cases maximum. This means a total of 35 clients — a case manager cannot have 35 DCM cases and other cases not covered in this program in excess of 35) Supervisor Ratios I. Subgrantee(s) must attach job descriptions for supervisors to their proposals. Job descriptions must address minimum qualifications and have job titles that correspond to those used in the staffing plan and budget. 2. Subgrantee(s) must describe the responsibilities of supervisors. a; Subgrantee(s) must commit to a ratio of one supervisor to 7 case managers. The Management of Subrecipients Area Coverage of Service 1. Subgrantee(s) must specify the counties they propose to serve and demonstrate ability to provide services to all counties for which they are proposing to provide services within the federal declaration of disaster (individual assistance). 2: Subgrantee(s) must provide at least one access point for each county or document how they will provide outreach and services in the county. Subgrantee(s) Staffing Disaster Case Management Program-Territory-wide il Subgrantee(s) must provide a staffing plan in their narrative business proposal that describes the staff to be used to manage the provision of services within the coverage area proposed. Staff may include Program Manager, Finance Manager, Data Entry Specialist, and Administrative Assistant. A. Subgrantee(s) must attach job descriptions for all staff to their proposals. The job descriptions must address minimum qualifications and have job titles that correspond to those used in Subgrantee Admin Budget in Appendix B, Staffing Plan and Budget. Subrecipients Qualifications 1. Subgrantee(s) must describe their subcontracting process which must comply with territorial and federal regulations. 2} Subgrantee(s) must list organizations that will serve as subrecipients. By Subgrantee(s) must describe the organizational background and experience that qualifies subrecipients. Training I. Subgrantee(s) must describe the process for providing initial and ongoing training to all case managers and supervisors if proposing to serve all disaster declared counties. Subgrantees proposing to serve less than all disaster declared counties may propose to provide disaster case management training, but they must propose to provide disaster case management training for all disaster declared counties. Disaster Case Management Program-Territory-wide Issue Escalation Subgrantee(s) must describe the criteria and process issue escalation from subrecipients to the subgrantee(s), Subrecipients Financial Management Subgrantee(s) must describe how they will receive financial reports from subrecipients, the system, timing and frequency of payments to subrecipients, and how subrecipients financial reports will be monitored. Data Management Area / Data Management System 1, Subgrantee(s) must use an acceptable reliable data management system which must be approved by HHSC. 2. Subgrantee(s) must specify the data system that will be used and describe its data elements in the proposal. Components may include collecting information on recovery services and resources available to clients through a searchable database. Enabling users to track referrals and services, including financial assistance and donated items provided throughout the case management process. Data Collection Disaster Case Management Program-Territory-wide Throughout the disaster case management process, case managers is required to be able to collect and document client information and case progress. Specific fields of client data to include, but are not limited to: 1. Client contact information 2. Demographic information 3. Unmet needs (housing, employment, childcare, etc). 4. Recovery Plan data & progress. 3. Case notes, goals, objectives, and outcomes. 6. Results of client satisfaction survey at case closure. Data Analysis 1. Subgrantee(s) must describe how they will use the data collected through the data management system to adjust the delivery of services when warranted. 2. Subgrantee(s) must demonstrate the capability to identify client need trends particular to various communities. Other data analysis may include: a. Data on caseload growth; b. Percent of target caseload achieved; Disaster Case Management Program-Territory-wide c. Client need trends (overall and by community); d. Percent of cases with recovery plans; e Data on whether recovery plans have been met, partially met or not met; f. Type and dollar value of services and resources provided; g. Demographic client data; and h. Average caseload size per case manager Reporting Subgrantee(s) must specify and describe their reporting system and provide templates for standard reports to HHSC in the proposal. The system should allow users to: 1. Run queries and produce reports for each unique data field. 2. Capable of generating a variety of reports on data necessary to monitor and evaluate the progress and performance of each case manager, and provider agencies. 3 Specific reports can be run on client unmet needs to identify how needs vary by geographic area, special population, and other factors. Disaster Case Management Program-Territory-wide 4. Information from such reports will assist the provider agency in adjusting operations and shifting resources to improve services, reach the greatest number of clients, and most effectively meet client needs. Functional Needs Strategy Proposal must articulate how services will be provided to functional needs populations Functional needs populations will include vulnerable individuals (i.e. elderly persons, people with disabilities, and people with language limitations) and those who are likely to have difficulty in participating successfully in the recovery process with particular attention to these functional needs populations in the contact, triage and advocacy phases of the recovery process. Subgrantee(s) must demonstrate that there will be adequate staffing to address functional needs populations. The provider agency is strongly encouraged to include agencies that serve functional needs populations. In some of the affected communities, these organizations are already part of the normal disaster service-delivery system. In instances where this is not the case, the provider agency is required to target local and territitorial organizations that traditionally serve functional needs populations to provide and/or supplement case management services. DHS will support the subgrantee(s) in this effort by ensuring that individuals with functional needs are referred to territorial programs that provide services to these populations. Media Strategy Subgrantee(s) must propose a media strategy to ensure that all individuals impacted by the Presidentially declared disaster have the opportunity and understand the benefit of having, long- term disaster recovery services. This media strategy should supplement the strategy the subgrantee(s) will propose for communicating with external partners. DHS will work with the chosen subgrantee(s) to support their outreach/media efforts. All contacts with news media, such Disaster Case Management Program-Territory-wide as a press release or an interview for a news story, will be done in collaboration between the selected subgrantee(s) DHS and FEMA. Local Stakeholder Outreach and Communication Subgrantee(s) is required to propose a strategy for coordinating, and communicating and collaborating with local stakeholders. In particular the subgrantee(s) is required to address working with local governments, integration with disaster relief systems and stakeholder communications. Specials consideration will apply to local provider. Working with Local Governments Subgrantee(s) must articulate how it will work local governments. Subgrantee(s) must demonstrate the ability to be responsive to local government needs. Stakeholders Outreach and Communications Vendor must describe their coordination plan to share resources for applicants. Vendor must describe the system of communication that will be used to ensure all partners are kept up to date including ad hoc, periodic and regularly scheduled conferences, phone calls, meetings, etc. Subgrantee(s) must ensure that FEMA and DHS are appropriately included in the system of communication. Discussions with Vendors DHs may, but is not required to, conduct discussions with all, some, or non of the vendors admit o the field of completion for the purpose of obtaining the best value for DHS. It may conduct discussion for the purpose of: e Obtaining clarification of proposal ambiguities; e Requesting modifications to a proposal; and/or e Obtaining a best and final offer Disaster Case Management Program-Territory-wide e DHS may make an award prior to the completion of discussions with all vendors admitted to the field of competition of DHS determines that the award represents best value to the United States Virgin Islands. Incomplete Proposals DHS may reject without further consideration a proposal that does not include a complete, comprehensive, or total solution as requested by the RFP. Case Closure Strategy The DCM Program is a time-limited intervention; therefore, case closure should be discussed throughout the case management process. Providers must evaluate case management and cases routinely (at a minimum quarterly) to determine the progress and procedures for closing a client’s case. A client’s case will be closed when one of the following occur: The client’s Long-term Recovery Plan has been achieved and client housing is sustainable The client’s Long-term Recovery Plan has not been achieved, but the client’s primary needs have been met and the client’s progress was monitored, re-evaluated and thoroughly documented. The case management service provider assess that the case manager is unable to resolve the case due to the unavailable resources, and the client’s progress was monitored, re-evaluated and thoroughly documented. The client has withdrawn their request for services, the case manager lost contact with the client, or the client was deemed to be non-compliant, and all related information has been thoroughly documented. Other reason (client has relocate outside of the DCM Program parameters, death, imprisonment, etc.) and all relevant information has been thoroughly documented. Disaster Case Management Program-Territory-wide The DCM Program closes, in which case every effort has been made to document referrals transfer efforts, and update the client recovery progress. The case manager has filled out the Case Closure Form and has input all information into the Coordinated Assistance Network (CAN). The DCM supervisor must approve and document all case closures. Additional information on client case closing will be provided at the case management training. Program Demobilization Strategy The Program Director will take an active role in assuring an effective demobilization strategy through close monitoring of monthly reports and regular participation in provider meetings and/or calls. Each agency must develop a timeline for deactivation and must have a 60 day plan prior to termination to start the close-out process. Case Managers and supervisors will receive training on the close-out process. Supervisors and case managers will be expected to review all open cases to determine the adequate amount of follow-up for client based on Tier level. Case managers and supervisors are expected to follow-up cases that require closure due to loss of contact, unavailable resources or client withdrawal. Case closure should be accomplished in a timely manner. Deactivation and close out should be part of the proposal and a component to monitor in the objectives and deliverables. Project management schedules will be used to monitor the number of cases opened and closed and to project the amount of cases that will be required to close per month in the last three months of the contract. Demobilization tasks must include: ¢ Informing clients, partners, collaborative agencies, Long-Term recovery Committees, community leaders, and any other relevant stakeholders in a timely manner of the projected Disaster Case Management Program-Territory-wide program closure. This will be done through individual contact, direct written communication, monthly provider meetings, public/community meetings, and informational updates on relevant websites. A Client Satisfaction Survey will be offered to each client to mail or complete by phone as appropriate. e Ensure all data is entered into a database system including all final case notes, client status and other remaining field. This will be verified through monitoring during monthly site visits and more frequent agency visits as program closure approaches. e Transfer remaining open cases to agencies that are positioned to continue providing services. This will be done in partnership between the client, agency currently providing services, and any agency able to provide specifically needed, on-going assistance once the DCM program ends. e Store client files in a secure location. Client files must be maintained by each affiliate for 3 years post program closure. Each affiliate must show they have an established and confidential filing storage system in a central location that is accessible by territorial and federal staff as required. e Submission of final progress and financial reports will be done by the Provider Agency. e Terminate all staff from the program will be adjusted as needed until full demobilization occurs. Process, Deliverables and Timeline e Identify, Open, Intake and Asses a minimum of 3,000 (case) clients in the DCM by September 30, 2018. e Provide DCM services aimed at successful completion of Recovery Plan for the territory. e Provide disaster application assistance and help applying for other government disaster related benefits and other social service benefits Disaster Case Management Program-Tertory-wide e Identify, organize, and advocate for and coordinate information on available resources that match the disaster caused unmet need and present cases to the LTRG’s for funding by e Provide information and referral to health, mental health, employment and educational resources to increase the capacity of the family to recover. e Coordinate Emotional and Spiritual Care resources that are culturally sensitive for families that might need this assistance as identified in the case manager to the client relationship e Provide effective case closure and demobilization both for participant and agency Start up Cost The program will follow FEMA guidance and use cost reimbursement as the method of payment. Agencies must be able to accept cost reimbursement as the form of payment. To assist agencies with start up cost, DHS will provide one advance payment, to be decided by DHS based on the approved budget of the subgrantee. Table 6: Procurement Process Task Date RFP Released Q&A for RFP Deadline for submissions Award Notifications Contract Negotiations Legal Reviews Commencement of Grantee Project Disaster Case Management Program-Territory-wide Project Proposal Organizational experience in the field and experience in Disaster Case Management and/or Disaster Recovery (10 points) Applicants must provide a detailed description of their experience and/or history running disaster case management programs and/or participating in disaster recovery activities. The proposer’s experience should document successful past experience and capacity to implement this type of service in the USVI, its ability to meet case management goals and develop recovery plans; historic quality control mechanisms, ability to leverage resources for clients. If any current staff will be allocated to this grant, provide the background and qualification of these staff members and the roles they will assume. In addition, the proposer must be able to demonstrate that is has the fiscal capability to administer this type of grant, be able to demonstrate solid financials, and must have ended their last fiscal year without financial crisis or unplanned deficit. Need ( 10 points) Applicants must demonstrate their knowledge of the disaster related needs, cultural competence of local communities, characteristics of the population, vulnerabilities (poverty, illiteracy, unemployment, single women head of household, elderly, etc.) and knowledge of the resources that will aid the communities in their area of work in their recovery. In this section, the proposer should provide a description of the need and magnitude of the damage in the affected communities they plan to serve. Include the relationships already established within your community or communities, identify any relevant information regarding the status towards recovery and describe the unmet needs caused by the disaster. In this section, the proposer should provide an overview of the existing resources within their areas of work and how the resources will be identified. Capacity to serve the affected population ( 15 points) Disaster Case Management Program-Territory-wide Agency must provide a description of its experience serving and engaging the affected community. In addition, if you are currently offering disaster case management services provide the number of open cases, the status of the cases as they relate to clients’ recovery, and the number of cases waiting to receive services. Identify if the needs of these clients are short or long term. The agency must address its capacity to work or plan to address the needs of persons with limited English proficiency if working in areas with a large number of non-english speaking clients. Proposer must also be able to demonstrate an existing relationship of providing services to household affected and describe the sites and ability to offer privacy for the appropriate case management services. Capacity for record keeping and data collection (5 points) The proposer should also demonstrate its successful past experience and capacity to meet territorial and federal recordkeeping requirements. Describe in this section how the records will be secured and how the agency will verify that there is no duplication of services. In this section also identify the process for data collection. Fiscal Management experience ( 10 points) Grant recipients are required to maintain effective accountability for fund, safeguard assets and ensure that funds are only used for the authorized purposes. The proposer should be able to demonstrate its successful past experience managing this type of program and its capacity to track expenses. In this section, the applicant must describe its fiscal accountability system. Plan for coordination of services and addressing different strategies ( 5 points) Describe your ability to successfully coordinate services with other recovery agencies, social service networks, and long term recovery organizations. Scope of Work Program Approach and Methodology: (10 points) Disaster Case Management Program-Territory-wide The proposer should exhibit its understanding and approach to the project and address the use of the different strategies to strategies that culturally competent to the Virgin Islands community. The proposer should address how each element will be accomplished, monitored and measured. The proposer should detail its capacity to serve the greatest number of eligible household for each geographic region proposed. Deactivation and close out should be part of the proposal as well as a description on how the program will monitor its quality and deliverables. In this section the applicant should also describe their plans for overseeing the operations, reporting and information sharing. Work Plan and Timeline ( 10 points) This section should be the blueprint for achieving the program deliverables. The proposer should be able to summarize the process for the program implementation. The proposer should clearly state its objectives, deliverables and timeline for the project implantation that will assure the program capacity to reach its targets utilizing cultural competency. Deliverables should be specific, measureable, achievable, realistic and time bound. All activities should be clearly delineated and benchmarks provided. Include target dates for hiring, assigning staff to the project, delivery of results and program closure dates that fit within the contract. Proposed plan for client engagement ( 5 points) The proposer should demonstrate its capacity for client engagement and experience with outreach activities. This section should highlight the relationship with the affected community that will allow the program to successfully identify and enroll clients into the program. Project Management and Staffing Plan (10 points) a. Administrative Controls: The proposer should describe its administrative controls. b. Staffing plan: The proposer should provide a staffing plan that includes a description of the current personnel resources that will be allocated to the program. Describe also the Disaster Case Management Program-Territory-wide agency’s process for hiring the staff required for the implementation, include the deadlines for staffing and training. c. Data management and reporting plan; Describe how the agency will meet the data management requirement. Describe as well other client tracking technology will that be used to support and track the services provided and performance. Describe the plan for monitoring the deliverables, meeting benchmarks, providing adequate supervision and identifying of training. Include in this section the agency capacity to meet the monitoring and reporting requirements. Please include the controls that would be used for monitoring the progress and performances of the grant. Include in this section the type of software for accounting and controls to prevent fraud. Quality Control ( 10 points) In this section describe the quality control in place to oversee the program, th ensure adherence to the model guidelines, and to ensure appropriate services are consistently delivered to clients. Describe the agency’s method of monitoring deliverables, preventing duplication of services, protocols to ensure data is collected systemically and appropriately as well as accountability and identification of training needs. In this section the proposer should also describe how HIPPA compliance will be maintained as well as how the agency will monitor adequate case load, adequate client follow-up, intake, assessment, recovery plan processes and the plan to monitor progression toward resolution of disaster of needs and case closure conducted according to DCM requirements. To receive payment, agencies must submit an invoice along with their monthly finance report with adequate supporting documentation; DHS will review the report and process payment timely. Disallowance will be applied if costs exceed budgeted line items, expenses charged were not budgeted, change to budget were not approved by DHS, expenses are not properly reported, Disaster Case Management Program-Territory-wide adequately budgeted or if supporting documentation is inadequate Indirect and overhead costs are not allowed for reimbursement and only the listed items in the budget can be charged to the grant. Indirect and overhead costs must be absorbed by each agency utilizing other funding. D. TIMETABLE 1. Last day for request or written clarifications will be , at 5:00 p.m. 2. Proposals will be accepted at the Department of Property & Procurement, no later than , at 5:00 p.m. E. SUBMISSION OF PROPOSAL All interested parties shall submit seven (7) sets of proposals, which are to be delivered to the Department of Property and Procurement during normal business hours, no later than They shall be addressed to: Lloyd T. Bough, Commissioner Department of Property & Procurement Building #1 Subbase, 3rd Floor St. Thomas, Virgin Islands 00802 The sealed envelope containing the proposal must have the following information written on the outside of the envelope: SEALED PROPOSALS - DO NOT OPEN RFP No. (Name of Bidder) (Mailing Address of Bidder) (Telephone Number of Bidder) (Fax Number of Bidder) Disaster Case Management Program-Territory-wide Where proposals are sent by mail, the bidder shall be responsible for their delivery to Property & Procurement before the date and time set for the closing of acceptance of proposals. F. WITHDRAWALS OF PROPOSAL A proposal may be withdrawn at any time prior to the time specified as the closing time for acceptance of proposals. However, no proposal shall be withdrawn or canceled for a period of thirty (30) days after said closing time for acceptance of proposals nor shall the successful provider withdraw or cancel or modify his proposal, except at the request of GVI after having been notified that said proposal has been accepted by GVI. G. INTERPRETATION OF SPECIFICATIONS If any person contemplating submitting a proposal requires clarification of any part of the scope of work, he/she may submit to the GVI a written request for an interpretation thereof to the Commissioner of Property and Procurement, Lloyd T. Bough. GVI will not respond to questions received after the above-established date. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the scope of work will be made in writing to all prospective providers. Oral explanations will not be binding. CONSIDERATION OF PROPOSAL The Commissioner of Property and Procurement shall represent and act for GVI in all matters pertaining to the scope of work and contract in conjunction therewith. This RFP does not commit GVI to the award of a contract, nor pay any cost incurred in the preparation and submission of proposals in anticipation of a contract. GVI reserves the right to reject any or all proposals and to disregard any informality and/or irregularity in the proposal when, in its opinion, the best interest of GVI will be served by such action. Proposals failing to provide some of the items Disaster Case Management Program-Territory-wide in the scope of work shall not be rejected per se but any deviations from the scope must be clearly noted. Disaster Case Management Program-Territory-wide ACCEPTANCE OF PROPOSALS GVI will notify in writing acceptance of one of the proposals. Failure to provide any supplementary documentation to comply with the vendor's proposal may be grounds for disqualification. CONFLICT OF INTEREST A proposer filing a proposal hereby certifies that no officer, agent or employee of GVI has a pecuniary interest in this proposal or has participated in contract negotiations on behalf of GVI; that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other Bidder for the same request for proposals; the Bidder is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm. LICENSE REQUIREMENT An award will not be made to any firm or individual doing business in the Virgin Islands to perform work with the Government of the Virgin Islands until evidence is submitted that the said firm or individual has a valid V.I. Business License to do business in the Virgin Islands. Bidders must submit hard copy of a valid V.I. business license within ten (10) working days after award. All Bidders bidding as Joint Ventures must be licensed as a Joint Venture in the Virgin Islands. REQUIRED DOCUMENTS 1. PUBLIC LIABILITY: The successful bidder will be required to obtain and have in place public liability insurance and other insurance necessary as requested in this proposal package. Insurance policy (or policies) shall name the Government of the Virgin Islands as "Additional Insured". The public liability insurance shall have a minimum limit of not less than one hundred thousand ($100,000.00) dollars for anyone occurrence for death or personal injury and one hundred thousand ($100,000.00) dollars for anyone occurrence Disaster Case Management Program-Territory-wide for property damage. Bidder must provide public liability insurance within ten (10) working days after award. 2. WORKERS' COMPENSATION: Within ten (10) working days after award of project the successful bidder must submit a copy of their certificate providing that his firm and his agents are covered by Workers' Compensation Employee's Liability. 3: FAILURE TO PROVIDE THE CERTIFICATES WITHIN THE STATED TIME PERIOD MAY RESULT IN THE PROPOSAL DEEMED NON-RESPONSIVE AND MAY BE IMMEDIATELY DISQUALIFIED WITH NO FURTHER CONSIDERATION GIVEN FOR POTENTIAL AWARDING OF THE CONTRACT. CONTRACT TYPE AND DURATION The Contract resulting from this RFP will be a time and materials agreement for a specified number of person hours. A maximum annual expenditure ceiling will be established for this contract. During the course of the contract any enhancement request will be handled through change orders and will require a contract amendment and an approved schedule for completion of acceptably defined deliverables. Enhancements will be estimated based upon the rates proposed and must be approved in writing by the Administrator, Division of Health Insurance, prior to work being initiated. The Contract will have a base period of twenty (20) months beginning on the effective date of the Contract. CONTENTS OF PROPOSAL All page limits are to be in 12pt type, double spaced with margins no less than one inch. Proposal preparation effort should be concentrated on conformance to RFP instructions, responsiveness to requirements, and completeness and clarity of content. Elaborate proposals are Disaster Case Management Program-Territory-wide neither necessary nor desirable. If the bidder’s proposal is presented in a fashion that makes evaluation difficult or overly time-consuming, points may be deducted in the evaluation process. The following is a list of information to be included in the written proposal. Failure to comply with all the requirements as outlined will disqualify the applicant: e Transmittal/Introductory Letter Not to exceed two (2) pages e Project Narrative Not to exceed eight (8) pages e Management and Technical Approach Not to exceed twelve (12) pages e Cost Proposal. Not to Exceed five (5) pages 1. Transmittal/Introductory letter (no more than two pages) - The letter must be written on the bidders’ business stationary and signed by an official authorized to legally bind the bidder. It must include the following: a. Contact Information - Name and address of the applicant organization; contact name and contact information for the key staff contact person involved with the proposal, name, address, fax and telephone numbers. b. Type of service for which individual/firm is qualified. ¢. an itemization of all materials and enclosures submitted in response to the RFP including all required forms, checklists, and/or schedules; d. a statement that the bidder possesses the required quantity of resources, skills, and availability to meet all the requirements set forth in the RFP and an unequivocal statement that the bidder acknowledges and agrees to all of the rights of the Territory including the procurement rules and procedures, terms and conditions, and all other rights and terms specified in this RFP; e. a statement that the person signing the proposal is authorized to make decisions as to the prices quoted and that (s)he has not participated, and will not participate, in any action contrary to the RFP; f. the bidder's assurance that the proposal shall remain in effect for at least 180 days from the proposal due date specified in the RFP Transmittal Letter; Disaster Case Management Program-Territory-wide g. the identification of any particular RFP section(s) that the bidder believes will inhibit contract negotiations or project performance with an explanation of the concern; 2. Project Narrative - (Not to exceed eight (8) pages. The subsections are as follows: a. Executive Summary - The Executive Summary shall summarize the contents of the Proposal and provide the Evaluation Team and other readers with a broad but clear understanding of the bidder's Proposal. No cost information is to be included in the Executive Summary. The Executive Summary is an extremely important part of the Proposal and must be a concise overview that summarizes each part of the Proposal so that the reader can gain a broad understanding of what the bidder is proposing without having to read the entire Technical Proposal. Bidders must summarize how their Proposal meets the requirements of this RFP and why the bidder is best qualified to perform the work required. b. Organization Information (not subject to page limit) (1) Names/addresses of Principals of Firm. (2) Names of key personnel with experience of each and length of time in organization. (3) Number of staff available for assignment. (Local & Off-Territory) (4) Copy of Articles of Incorporation (5) Copy of Certificate of Resolution (6) Copy of valid Business License (7) Copy of Certificate of Good Standing ce. Sub-contract Information- Outside consultants that will be retained for this project and percentage of work to be sub-contracted. Disaster Case Management Program-Territory-wide d. Project Experience - Provide a detailed description of your organization including the experience in case management. e. Project References: THREE references are to be attached which includes name; telephone number; email address and facsimile number. Also include in the addendum a notarized written consent from the authorized representative(s) (not subject to limit) which must include: name; telephone number; email address and facsimile number Project Management and Technical Approach-(Not to exceed twenty (20) pages. Describe how you will approach this project and availability to perform the services requested. Include timeline and project planning. At the least this should include the following: a. Vendor Identification and Information - state the organization's full company or corporate name and give the address of the organization's headquarters office; remittance address, if different; specify how the entity is organized (for example, proprietorship, partnership, corporation);specify the state in which the bidder is incorporated or otherwise organized to do business; specify the year in which the bidder was first organized to do business and whether or not the form of organization has changed in the interim (such as by subsequent incorporation, merger, or other organizational change) and any name changes; and, b. Employer Identification Number(EIN) — Provide valid and current EIN number c. Financial Statements - The Territory seeks sufficient and clear evidence of the bidder's, and subcontractor's financial capacity and responsibility. The bidder's proposal must demonstrate that the organization is capable of meeting the financial responsibilities incumbent in successfully meeting the requirements established within this RFP. Evidence and documentation of adequate financial stability must be supplied. d. Office Location — Bidders must provide office location (not at DHS) Disaster Case Management Program-Ternitory-wide e. Relationships with the Territory - In this section, the bidder must describe any relationships it, or its subcontractors, may have or have had with the Territory over the last 36 months. f. Contract Performance - If the bidder, or any proposed subcontractor, has had a contract terminated for default during the past three years, all such instances must be described as required below. Termination for default is defined as notice to stop performance due to the bidder's nonperformance or poor performance. Bidders must submit full details of all terminations for default experienced by the bidder during the past three years, including the name, address and telephone number of the other party. The response to this subsection must present the bidder's position on the matter. If no such terminations for default have been experienced in the past three years, the bidder must so indicate. g. Bidder’s Qualifications and Experience- In this section, the bidder must provide details on the organization's corporate and staff expertise and experience related to the specific requirements of this RFP. Bidders must provide a summary matrix that lists completed or current projects comparable to this RFP project in size, scope and complexity. Bidders must provide details on the organizations corporate and staff expertise and experience related to the specific requirements of this RFP. h. All other territorial and local government experience that is relevant to performing the requirements in the scope of work. O. EVALUATION OF THE PROPOSAL The selection of a vendor will be based on considerations of all aspects of the evaluation process. Where criteria do not lend themselves to a strict numerical evaluation, a subjective rating based on the collective opinion and experience of the Evaluation Team will be used. Disaster Case Management Program-Territory-wide 1. Preliminary Screening - The Preliminary Screening will consist of the review of individual proposals to ensure that they meet the mandatory proposal submission requirements of this RFP. Proposals not meeting the mandatory requirements of this RFP may be rejected. 2. Formal Evaluation - Those proposals that pass the Preliminary Screening will be subjected to a Formal Evaluation to assess the bidder's abilities to meet the requirements in the RFP in an efficient, cost-effective manner. A team comprised of individuals from the Dept. of Property and Procurement and the Dept. of Human Services will review all proposals received by the closing deadline and deemed to meet minimum mandatory requirements. This Selection Team may request additional technical assistance from any source, provided there is no obvious conflict of interest, during the course of evaluation. The selection of a vendor will be based on considerations of all aspects of the evaluation process. Where criteria do not lend themselves to a strict numerical evaluation, a subjective rating based on the collective opinion and experience of the Evaluation Team will be used. 3. Evaluation Factors and Award Points - Technical Proposals will be evaluated based on the following categories. The available points will be distributed as follows: a. Relevant Experience and Expertise (20 points)-Evaluators will consider prior experience and expertise in the tasks described and the extent to which the vendor meets the minimum criteria defined in the RFP. b. Organizational Approach and Understanding of Work (30 points) - The GVI will evaluate the vendor’s written proposal describing how it intends to organize and accomplish the tasks and activities in the Scope of Work. The description shall discuss and justify the proposed approach and the technical issues that will or may Disaster Case Management Program-Terntory-wide be confronted at each stage of the project. The proposed work plan shall describe the phases, tasks, milestones, dates, and deliverables for the project. The GVI will score vendors highly who demonstrate a clear, complete understanding of each task and activity and who present an effective work plan for accomplishing them. Vendors are encouraged to offer innovative and informative responses showing initiative above and beyond the requirements stated in this document. Vendor Staffing and Level of Effort (20 points) - The vendor must detail the proposed staffing. The GVI will highly score vendors who present a plan for resources and level of effort that, in the GVI’s best judgment, would accomplish the tasks effectively and efficiently resulting in an excellent quality outcome. Level of territorial expertise, experience and qualifications of proposed positions, proposed key staff, and proposed subcontractors will be considered significantly. Evaluators will strongly consider recommendations from other clients utilizing the vendor for similar work to be performed under the contract. Negative feedback from other clients will be cause for significant point deductions. d. Cost (30 points) - The appropriateness of the cost proposal will receive 30 points. PROJECT COST A completed cost proposal for the proposed services is required and must be submitted separately from the bidder and proposed solution in a separate sealed envelope. The cost proposal shall include the appropriate tables delineating cost for each task and year on which the bidder is submitting a bid. The Bidder shall further supply hourly rate for consulting services. The bidder's cost proposal should also provide a preliminary staff plan for this project based on staff level and role. The bidder must also identify the staff who will be assigned. The cost Disaster Case Management Program-Territory-wide proposal must identify costs for each project deliverable and will be inclusive of any related expenses. Q. TERMS AND CONDITIONS 1. General Terms and Conditions This section describes the Terms and Conditions associated with this procurement. The formal Contract to be entered into with the successful bidder shall contain, at a minimum, the terms and conditions set forth in this section. The Contract shall begin on the first day after it has been fully executed by the Governor of the US Virgin Islands. The Contract shall expire two years later, unless amended by the parties. At the Territory's option, the Contract may be extended for an additional two one-year periods, subsequent to the base contract period. Bidders are advised that all proposals may be open to public inspection. Accordingly, it is the bidder's responsibility to clearly identify at the time of submission any sections of a proposal that the bidder considers to be confidential or proprietary. The absence of any such designation may result in the release of the entire proposal to public inspection without any specific notice to the bidder of such release. The Territory reserves the right to use any and all ideas presented in any proposal in response to this RFP unless the bidder presents a positive statement of objection to this use in its proposal. In no event will such objection be considered valid with respect to the use of such ideas that are not the proprietary information of the bidder and so designated in the proposal, or which: e Were known to the Territory before submission of such proposal; or, Disaster Case Management Program-Territory-wide e Properly became known to the Territory thereafter through other sources or through acceptance of any proposal. Bidders must identify proprietary information on each page that contains such information. General statements identifying the entire proposal or sections of the proposal as proprietary will not be honored. The Territory reserves the final right to determine what information will be considered proprietary. In order to protect the integrity of the procurement process, no information shall be made available to the public concerning invitations or request for proposals from the time the proposal is made public until a Contract is actually awarded. Accordingly, DP&P has determined that information contained in proposals submitted in response to this RFP shall not be released to the public until a formal Contract is executed with the selected vendor. The Request for Proposal and any amendments, the Vendor's proposal submitted in response to this RFP, and any written correspondence attached to or referenced in this RFP and identified by the Territory as significant to the process. In the event of a conflict in language among the documents referenced above, the provisions and requirements set forth and/or referenced in the Contract shall govern, followed in priority order by the Request for Proposal, and then the Vendor's response to the RFP. In the event that an issue is addressed in one document that is not addressed in the other documents, no conflict in language shall be deemed to occur. However, the Territory reserves the right to clarify any contractual relationship in writing with the concurrence of the Vendor, and such written clarification shall govern in case of conflict with the applicable requirements stated in the RFP or the Vendor's proposal. Disaster Case Management Program-Territory-wide No modification or change of any provision in the Contract shall be made, or be construed to have been made, unless the Vendor and the Territory mutually agree to such modification in writing. The contract modification will be incorporated as a written amendment to the Contract. Memoranda of understanding and correspondence shall not be construed as amendments to the Contract. 2. Specific Terms and Conditions a. Territory Held Harmless The Vendor agrees to indemnify, defend and save harmless the Territory, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all bidders, contractors, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Contract and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Vendor in the performance of this Contract and against any liability, including costs and expenses for violation of proprietary rights, copyrights, or rights of privacy, arising out of publication, translation, reproduction, delivery, performance, use or disposition of any data furnished under this Contract or based on any libelous or other unlawful matter contained in such data. 3. Assurances During the performance of this Contract, Vendor agrees as follows: a. Vendor will not discriminate against any employee or applicant for employment relating to this Contract because of race, color, religious creed, sex, national origin, ancestry, age, or physical handicap, unless related to a bona-fide occupation Disaster Case Management Program-Territory-wide qualification. Vendor will take affirmative action to insure that applicants are employed and employees are treated during employment without regard to their race, color, religious creed, sex, national origin, ancestry, age or physical handicap. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; and selection for training including apprenticeship. Vendor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discrimination clause. - Vendor will, in all solicitations or advertising for employees placed by or on behalf of Vendor relating to this Contract, state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, sex, national origin, ancestry, age or physical handicap. Vendor will cause the foregoing provisions to be inserted in any subcontracts for any work covered by the Contract so that such provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. Vendor, or any subcontractor holding a contract directly under Vendor, shall, to the maximum feasible extent, list all suitable employment openings with the Department of Labor. . Vendor and all subcontractors shall comply with the requirements, conditions, and standards of all of the following: 1) Title VI of Civil Rights Act of 1964 (42 USC 0 2000d et seq.); 2) Section 504 of the Rehabilitation Act of 1973, as amended (29 USC (1794); Disaster Case Management Program-Territory-wide 3) 4) 5) 6) 7) 8) 9) the Copeland “Anti-Kick Back Act (18 USC 874); as supplemented in Department of Labor Regulations (29CFR, part 3); Executive Order 11246, entitled “Equal Employment Opportunity”, as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41CFR, Part 60): the Contract Work Hours and Safety Standards Act (40 USC (1327-330) as supplemented by the Department of Labor Regulations (29 CFR, Part 5): 2000d et seq.); the United States Environmental Protection Agency (EPA), 40 CFR, Part 15, pursuant to the Clean Air Act, as amended, (Air Act), (42 USC [ 7401 et seq.); the Federal Water Pollution Control Act, as amended (“Water Act”), (33 USC (1251 et seq.); and Executive Order 11738; the United States Department of Health and Human Services Regulations found in 45 CFR, parts 80 and 84; the Americans with Disabilities Act, 28CFR Part 35, Title II, Subtitle A; and, Section 7 CFR Part 3017, Subpart F of the Drug-Free Workplace regulations. 4. Deviations from the Contract The requirements appearing in this RFP shall become a part of the terms and conditions of the resulting Contract. Any deviations from the RFP must have been specifically defined by the Vendor in his proposal and must not have been in conflict with the basic nature of this offer. 5. Beginning of Work The Vendor must not commence any billable work until a valid Contract has been fully executed by the parties and has been approved by the Governor. Subsequent to the receipt of all required approvals, the DHS Procurement Manager will notify the selected Bidder in writing that work may commence. Disaster Case Management Program-Territory-wide 6. Governing Law The Contract shall be governed in all respects by the laws, statutes, and regulations of the Territory of the US Virgin Islands and by any federal law or regulation applicable to the Territory. Any legal proceedings against the Territory regarding this RFP or any resultant Contract shall be brought in the administrative or judicial forums of the Territory. Attorney's Fees In the event that either party deems it necessary to take legal action to enforce any provision of the Contract, and in the event the Territory prevails, the Vendor agrees to pay all expenses of such action, including attorney's fees and costs at all stages of litigation as set by the court or hearing officer. Legal action shall include administrative proceedings. Advertising Award The Vendor shall agree not to refer to awards in commercial advertising in such a manner as to state or imply that the firm or its services are endorsed or preferred by the Territory. News releases pertaining to this project will not be made without prior approval of the Government of the Virgin Islands pursuant to the terms and conditions of this contract. Notices After contract award, all notices under the Contract shall be deemed duly given: 1) upon delivery, if delivered by hand against receipt, or 2) three days after posting if sent by registered or certified mail, return receipt requested, or upon notification of delivery if sent by a delivery service. All notices are to be delivered to the Commissioner of the Department of Property and Procurement and to the Commissioner of the Department of Human Services at the addresses below and/or to such other addresses or parties as is designated. Commissioner Disaster Case Management Program-Ternitory-wide 10. 11. 12. Department of Property and Procurement Building #1, Sub Base, 3"? Floor St. Thomas, Virgin Islands 00802 Commissioner Department of Human Services Knud Hansen Complex, Building A 1303 Hospital Ground St. Thomas, Virgin Islands 00802 Either party may change its address for notification purposes by giving written notice of the change and setting forth the new address and an effective date. Titles Titles of paragraphs used herein are for the purpose of facilitating ease of reference only and shall not be construed to infer contractual construction of language. Limitation The Contract offered will be subject to available budgetary appropriations and shall not create any obligation on behalf of the Department in excess of such appropriations. In the event that the amount of funds appropriated is such that the Department must restrict or terminate funding for this Contract, the Contract shall be terminated sixty (60) calendar days after written notification from the Department to the Vendor. Without limiting the foregoing, the Department shall endeavor to provide as much advance notice as possible of the budgetary action. Termination of Contract The Contract that may result from the issuance of this RFP may be terminated in whole or in part by the Territory by giving written notice to the Vendor at least sixty (60) calendar days before the effective date of such termination, including the case of termination for non-appropriation of funds. In the event of termination, the Vendor shall be entitled to Disaster Case Management Program-Territory-wide receive just and equitable compensation for any satisfactory authorized work completed as of the termination date. In no event, however, shall the Vendor be paid for incidental or consequential damages, including loss of anticipated profit. Upon delivery to the Vendor of a Notice of Termination specifying the nature of the termination, the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective, the Vendor shall: a. stop work under the Contract on the date and to the extent specified in the Notice of Termination; b. take such action as may be necessary, or as the Administrator, Division of Health Insurance, may direct, for the protection and preservation of the property related to the Contract which is in the possession of the Vendor and in which the Territory has or may acquire an interest; c. terminate all orders to the extent that they relate to the performance of work terminated by the Notice of Termination; d. assign to the Territory in the manner and to the extent directed by the Administrator, Division of Health Insurance, all of the rights, title, and interest of the Vendor under the orders so terminated, in which case the Territory shall have the right, at its discretion, to settle or pay any or all claims arising out of the terminations of such orders; e. with the approval or ratification of the Administrator, Division of Health Insurance, settle all outstanding liabilities and all claims, arising out of such termination of orders, the cost of which would be reimbursable in whole or in part, in accordance with the provisions of the Contract; f. transfer title to the Territory (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Administrator, Division of Health Insurance, all files, processing systems, data manuals, or other documentation, in any form, that relate to all the work completed or in progress prior to the Notice of Termination; and, g. complete the performance of such part of the work as shall not have been terminated by the Notice of Termination. Disaster Case Management Program-Territory-wide The Vendor shall proceed immediately with the performance of the above obligations notwithstanding any delay in determining or adjusting the amount of any item of reimbursable price under this clause. After receipt of a Notice of Termination the Vendor shall submit to the Administrator, Division of Health Insurance any termination claim in the form and with the certification prescribed by the Administrator, Division of Health Insurance. Such claim shall be submitted promptly but in no event later than three months from the effective date of termination, unless the Administrator, Division of Health Insurance, grants one or more extensions in writing. However, if the Administrator, Division of Health Insurance, determine that the facts justify such action, she may receive and act upon any such termination claim at any time after such three-month period or extension thereof. Subject to the provisions of the previous paragraph, the Vendor and the Territory may agree upon the amounts to be paid to the Vendor by reason of the total or partial termination of work. In the event of the failure of the Vendor and the Territory to agree, pursuant to this section, in whole or in part as to the amounts with respect to costs to be paid to the Vendor in connection with the total or partial termination of work, the Territory shall determine on the basis of information available the amount, if any, due to the Vendor by reason of termination and shall pay to the Vendor the amounts so determined. The amount so paid to the Vendor shall be final and is not open to dispute or further action. 13. 14, Disaster Case Management Program-Territory-wide Page 47 af 57 Default by Vendor If the Vendor fails to fulfill in a timely manner any material obligation under this Contract, the Territory shall have the right to terminate this Contract upon thirty (30) calendar days written notification from the Department to the Vendor and shall also have the right to withhold payments in excess of fair compensation for work completed. The Territory will, by written notice of default to the Vendor, provide that the vendor may cure a material breach of this Contract within a period of thirty (30) calendar days after receipt of notice to the Vendor specifying such breach or within or such longer period as the Administrator, Division of Health Insurance, may authorize in writing. The Administrator, Division of Health Insurance, shall determine whether the Vendor's efforts to cure a material breach have been successful. The Administrator, Financial Program, and the decision shall be final and is not open to dispute or further action. The Territory's exercise of this provision allowing the Vendor time to cure a material breach of the Contract in a particular situation does not in any way waive the Territory's right to terminate the Contract for the same or different contract breach that may occur at a different time. Notwithstanding the above, the Vendor shall not be relieved of liability to the Territory for damages sustained by virtue of any breach of this Contract by the Vendor. In addition to any other liabilities provided for in this RFP, such Vendor liability may include, but is not limited to, all incidental and consequential damages arising or resulting from the termination of the Contract. Territory Options at Termination In the event the Territory terminates this Contract, the Territory will retain all or a portion thereof such hardware, equipment, software, and documentation as has been provided, obtaining clear title to the same, and procure upon such terms and in such manner as the Administrator, Division of 15. 16. 17. Disaster Case Management Program-Territory-wide Health Insurance, may deem appropriate, hardware, equipment, software, documentation, or services as are necessary to complete the project. Force Majeure The Vendor shall not be liable for any damages if the failure to perform the Contract arises out of causes without the fault or negligence of the Vendor. Such causes may include, but are not restricted to, acts of God, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be without the fault or negligence of either the Vendor or its Subcontractor(s). When such a cause arises, the Vendor shall notify the Territory immediately in writing of its failure to perform, describing the cause of failure and how it affects performance, and the anticipated duration of the inability to perform. The Territory shall review the information provided and may, at its option, terminate the Contract in accordance with the Termination of Contract provisions. Failure to Perform In the event Vendor has failed to perform any substantial obligation under this agreement, the Territory may withhold all monies due and payable to Vendor, without penalty, until such failure is cured or otherwise adjudicated, provided such failure to perform is resultant to the Vendors sole or substantial negligence. Vendor Personnel No re-deployment of any personnel assigned to the project may be made without prior written consent of the Territory. The Vendor agrees to supply the personnel proposed, for the duration proposed, or to compensate, as a liquidated damage, the Territory in the amount of $1,500 per day for each individual key person not supplied or removed, other than for just cause, if such person is removed without the expressed written permission of the Administrator, Division of Health Insurance. Just cause is defined as death, serious illness, resignation, termination or military 18. 19. Disaster Case Management Program-Territory-wide recall. Replacement of such personnel, if approved, shall be with personnel of equal or greater ability, application experience and qualifications. The Territory shall retain the right to reject any of the Vendor and/or subcontractor's employees whose qualifications, in the Territory's judgment, do not meet the standards established by the Territory as necessary for the performance of the services. The Vendor must assume responsibility and all costs related to training of new staff assigned to the project if the Territory determines that the personnel does not possess equal or greater ability, application experience or qualifications than the person they are replacing. In considering the Vendor's employee's qualifications, the Territory will act reasonably and in good faith. During the course of the Contract, the Territory reserves the right to require the Vendor to reassign or otherwise remove from the project any Vendor or Subcontractor employees found unacceptable by the Territory. Dispute Resolution The Commissioner of Property and Procurement shall decide any disputes concerning performance of the Contract. This decision shall be final and conclusive, unless within thirty (30) calendar days from the date of service the vendor files a petition for administrative hearings addressed to the Commissioner, Department of Human Services. In the event any party makes an unsuccessful protest of the terms of the Request for Proposal or the proposed award of the Contract generated thereunder, the unsuccessful protestor(s) shall pay all court costs and attorney fees relating to the protest including those incurred by the Territory and the proposed awardee, Confidentiality of Information The Territory may be in possession of confidential information and material that require protection under applicable laws and regulations, as well as policies and procedures of the Territory Disaster Case Management Program-Territory-wide and the United States Government. Confidential information and material obtained within or from the Territory may not be discussed, communicated, copied, extracted, or used in any manner by the Vendor. All materials and information provided to the Vendor by the Territory or acquired by the Vendor on behalf of the Territory whether verbal, diskette, written, e-mail, magnetic tape, cards or any other media shall be regarded as confidential information in accordance with the provisions of federal and Territory law and ethical standards, and all necessary steps shall be taken by the Vendor to safeguard the confidentiality of such material or information in conformance with federal and Territory law and ethical standards. 1.1.1.1.1 Prime Contractor and Sub-contractor Responsibility The prime contractor is solely responsible for the fulfillment of the Contract with the Territory. The prime contractor will assume responsibility for all services offered and products to be delivered whether or not the Vendor is the manufacturer or producer of said services. The Territory will consider the Vendor to be the sole point of contact with regard to all contractual matters. The Vendor will be responsible for the entire contract performance. The prime contractor shall not assign or subcontract the performance of this Contract or any portion thereof to any other contractor without written approval of the Administrator, Division of Health Insurance. For all subcontractors, a Certificate of Good Standing from the Office of the Lieutenant Governor, Corporations and Trademarks Division, must be included in all subcontract agreements. This provision will not be taken as requiring the approval of contracts of employment between the Vendor and personnel assigned for services thereunder. 20. Disaster Case Management Program-Territory-wide All references in the RFP to the Vendor should be construed to encompass both the Prime Contractor and the Subcontractor(s). All Subcontract Agreements must contain the following requirements: e all subcontracts shall be in writing and shall contain provisions which are consistent with the provisions of this Contract, except as permitted in writing by the Administrator, Division of Health Insurance; and, e all subcontracting agreements must be signed and delivered to the Administrator, Division of Health Insurance, within five working days following the contract award date. The prime contractor shall give the Territory immediate notice in writing of any legal action or suit filed, and prompt notice of any claim made against the prime contractor by any party including but not limited to any subcontractor or Vendor which may result in litigation related in any way to this Contract or which may affect the performance of duties under this Contract. The requirement of prior approval of any subcontract under this Contract shall not make the Territory a party to any subcontract or create any right, claim or interest in the subcontractor or proposed subcontractor against the Territory. The prime contractor agrees to defend (subject to the approval of the Attorney General) and indemnify and hold harmless the Territory against any claim, loss, damage, or liability against the Territory based upon the prior approval requirements of this section. No subcontract or delegation shall relieve or discharge the prime contractor from any obligations or liability under the Contract. Ownership of Intellectual property The Territory retains all ownership rights to all intellectual property in this project to include but not limited to application software, documentation, and plans associated with this project. Unless otherwise agreed to by the Territory in writing, application software and other management materials which are specifically designed for project management as well as any modification, 21. 22. Disaster Case Management Program-Territory-wide enhancements or alternatives of existing software, shall be the sole and exclusive property of the Territory, free of any claim or retention of rights thereto by the Vendor. The Vendor acknowled ges that such software and materials are proprietary to the Territory and shall not use or describe same without the written permission of the Territory. Amendments This Contract may be modified only by written amendment executed by all parties hereto, and approved by the appropriate Territory officials. Insurance On or before beginning performance under this Contract, the Vendor shall obtain from an insurance company duly authorized to do business in the US Virgin Islands. 1. Disability, workman's compensation, and unemployment compensation in accordance with the statutory requirements of the Territory; 2. Comprehensive general liability insurance against bodily injury or death of any person in amounts of not less than $250,000 per claim 3. Insurance against liability for property damages including content coverage for all records maintained pursuant to this Contract, in the amounts of not less than $250,000 per claim Insurance against non-performance/default in an amount no less than 150% of the not-to- exceed cost of the base contract. 4. The Vendor shall furnish to the Territory a certificate(s) evidencing that required insurance is in effect, for the policy amounts, and applicable policy numbers and expiration dates, within ten days of Contract signing. In the event of cancellation of any insurance coverage, the Vendor shall immediately notify the Territory of such cancellation. 5. | The Vendor will be required to obtain suitable replacement coverage within ten (10) working days of the cancellation. The Territory, at its option, may impose a stop 23. 24, Disaster Case Management Program-Territory-wide work order on the Vendor until such replacement coverage is secured and approved by the Territory. If a stop work order is imposed, the Territory shall not be liable for any costs or lost profits incurred by the Vendor. License Requirement A Contract will not be executed with any firm to perform work with the Government of the Virgin Islands until evidence is submitted that said firm has a valid Virgin Islands Business License to do business in the Virgin Islands. The selected Vendor must submit hard copy of a valid VI business license within ten (10) working days after award. A Virgin Islands Business License can be obtained by contacting the Virgin Islands Department of Licensing and Consumer Affairs at 340-774-3130 or on-line at lo. Payment Invoices for payment shall be submitted to: Administrator, Division Health Insurance DEPARTMENT OF HUMAN SERVICES Knud Hansen Complex, Building A 1303 Hospital Ground St. Thomas, USVI 00802 Invoices shall be submitted in a format approved by the Administrator, Division of Health Insurance, and contain sufficient detail to allow proper verification of charges. The Department reserves the right to request submission of signed copies of employee timesheets from the Vendor for all staff assigned to the project. In the case of subcontractors, the Department reserves the right to request copies of the original invoices submitted by the subcontractor to the vendor. No invoices will be processed for payment until approved by the Administrator, Division of Health Insurance. The Vendor shall maintain documentation for all charges against the Territory under this Contract. The books, records and documents of the Vendor, insofar as they relate to work 25. 26. Zi. Disaster Case Management Program-Territory-wide performed or money received under this Contract, shall be maintained for a period of five (5) full years from the date of the final payment, and shall be subject to audit at any reasonable time and upon reasonable notice, by the Territory, or any appropriate federal agency, or their duly appointed representatives. The records shall be maintained in accordance with Generally Accepted Accounting Principles (GAAP). Inspection and Approval Final inspection and approval of all work required under the Contract shall be performed by the Administrator, Division of Health Insurance and other officials that the Territory may so designate. The Department of Human Services or an authorized representative shall, at all reasonable times, have the right to enter the Vendor's premises or such other places where duties under the Contract are being performed, to inspect, monitor or otherwise evaluate the work being performed. The prime contractor and all subcontractors must provide access to all reasonable facilities and assistance for Department Human Services representatives. All inspections and evaluations shall be performed in such a manner that will not unreasonably delay work. Conflict of Interest A bidder filing a proposal hereby certifies that no officer, agent or employee of the Territory has a pecuniary interest in this proposal or has participated in contract negotiations on behalf of the Territory; that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other bidder for the same request for proposals; the bidder is competing solely on its own behalf without connection with, or obligation to, any undisclosed person or firm. Audits and Inspections During and after this project, the Center for Medicaid and Medicare Services (CMS), U.S. Department of Health and Human Services (HHS) and the U.S. Department of Agriculture 28. Disaster Case Management Program-Territory-wide (USDA), auditors, inspector general and other local or federal authorized representatives shall be allowed access to inspect all Vendor materials, documents, work papers, deliverables, or any such other items which pertain to this project. The Vendor shall cooperate with any federal reviews and shall supply copies of any requested materials. This requirement also applies to any subcontractors who may be engaged in the project. Any subcontract permitted by the Territory must contain a provision that sets forth the subcontractor's agreement with the terms set forth in this paragraph. In addition to, and not in any way in limitation of the obligation of the Contract, it is understood and agreed by the Vendor that the Vendor shall be held liable for any Territory or federal audit exceptions arising from the fault or negligence of the Vendor, provided that the Vendor is given the opportunity to cure the cause of the exceptions. If such exceptions are not cured pursuant to the terms of the Contract, the Vendor shall return to the Territory all payments made under the Contract to which exception has been taken or which has been disallowed because of such an exception. Policy Determinations The Territory shall determine all program policy. In the event that the Vendor may request in writing that the Territory issue policy determinations or operating guidelines required for proper performance of the Contract, the Territory shall do so in writing in a timely manner, and the Vendor shall be entitled to rely upon and act in accordance with such policy determinations and operating guidelines, and shall incur no liability in doing so unless the Vendor acts negligently, maliciously, fraudulently, or in bad faith. 29. 30. Disaster Case Management Program-Territory-wide Records Retention Requirements The Vendor shall agree to the conditions of 7 CFR 3016.42 regarding retention and access requirements relating to all financial and programmatic records, supporting documents, statistical records, and other records of this Contract. Unless the Territory specifies in writing a shorter period of time, the Vendor agrees to preserve and make available all other pertinent books, documents, papers, and records of the Vendor involving transactions related to the Contract for a period of five (5) years from the date of expiration or termination of the Contract. Records involving matters in litigation shall be kept for one (1) year following the termination of litigation, including all appeals if the litigation has not terminated within five (5) years. Lobbying Certification and Kickbacks Section 1352 of Title 31 of the U.S. Code requires that funds appropriated to a Federal agency be subject to a requirement that any Federal Vendor or grantee (such as the Territory) must be required to certify that no Federal funds will be used to lobby or influence a federal officer or member of Congress. The certification the Territory has been required to sign provides that the language of this certification (shall) be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall verify and disclose accordingly. The certification also requires the completion of Federal lobbying reports and the imposition of a civil penalty of $10,000 to $100,000 for failing to make a required report. As a sub-recipient, the Vendor understands and agrees to the Federal requirements for certification and disclosure. It is a breach of ethical standards for a payment, gratuity, or offer of employment to be made by or on behalf of a contractor or subcontractor. The Territory may terminate any Contract if it is determined that gratuities of any kind were offered/received by any officials, employees or agents of the Vendor. Disaster Case Management Program-Teritory-wide . Debarment Certification As required by Federal Executive Order 12549, the Vendor certifies that it is eligible to receive Contract awards using federally appropriated funds and that it has not been suspended or debarred from entering into Contracts with any federal agency. The Vendor shall include this provision in each of its sub-Contracts hereunder and shall furnish its sub-Contractors with the current “LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT OR NON- PROCUREMENT.” In the event the Contractor or sub-Contractor misrepresents its eligibility to receive contract awards using federal funds, the Contractor or sub-Contractor agrees that it shall not be entitled to payment for any work performed under this Contract or sub-Contract and that the Contractor or sub-Contractor shall promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. If, during the term of this Contract, the Contractor shall become ineligible to receive Contract awards using federal funds, this Contract shall be terminated forthwith for cause and the Contractor shall not be entitled to payment for any work performed under this Contract or sub-Contract after the effective date of such ineligibility.