REQUEST FOR PROPOSAL #1-04 June 26, 2003
PURCHASING DEPARTMENT
UNIVERSITY OF MAINE
ORONO, MAINE 04469-5765
1.0 GENERAL INFORMATION:
1.1 Purpose: The University of Maine System, acting through the University of Maine is seeking proposals for a certified physical therapist fully qualified and licensed to provide physical therapy for students at Cutler Health Center.
This Request for Proposals (RFP) states the instructions for submitting proposals, the procedure and criteria by which a vendor may be selected and the contractual terms by which the University intends to govern the relationship between it and the selected vendor.
1.2 Definition of Parties: The University of Maine will hereinafter be referred to as the "University." Respondents to the RFP shall be referred to as "Bidders." The Bidder to whom the contract is awarded shall be referred to as the "Contractor."
1.3 Scope: The University of Maine is seeking to contract with a provider of physical therapy services to meet the physical therapy needs of students treated at Cutler Health Center. For most students, services will be done at Cutler Health Center, however, for selected cases treatment may be at the Contractor’s office, if it is in the student’s best interest. On average, eight to ten patients are treated at Cutler Health Center (CHC) each week, resulting in about 142 patient visits per semester.
The selected Contractor will be required to pay a use fee for space and equipment in the CHC. The proposal process will determine the amount paid to the University. The Contractor will be compensated for services by billing student’s insurance policies or by directly billing students. The University will furnish space: one 8x8 private room, one 8x8 hydrotherapy/ice room, and one 15x16 exercise/treatment room. These spaces are to be used only for treatment of University students. The University will furnish towels and a whirlpool at no cost to the Contractor. Also at no cost, the University will assist the Contractor with new patient scheduling. The Contractor must furnish all equipment, modalities and supplies not listed above.
Services must be provided Tuesday and Thursday, 1:30 PM to 4:00 PM, during the academic calendar year, with services suspended during scheduled University breaks.
1.4 Evaluation Criteria: Proposals will be evaluated on many criteria deemed to be in the students’ best interests, including, but not limited to: ability to meet specifications and responsiveness to terms and conditions, staff experience, certification and licenses, fee for space, references, confidentiality and AIDs/HIPPA policies, policy for treating uninsured students and other information provided.
1.5 Communication with the University: It is the responsibility of the bidder to inquire about any requirement of this RFP that is not understood. Responses to inquiries, if they change or clarify the RFP in a substantial manner, will be forwarded by addenda to all parties that have received a copy of the RFP. Addenda will also be posted on our web site, www.umaine.edu/purchasing/. The University will not be bound by oral responses to inquiries or written responses other than addenda.
Inquiries must be made to: Robert Eslin, Associate Director of Purchasing
Purchasing Department room 101A
University of Maine
5765 Service Building
Orono, Maine 04469-5765
(207) 581-2688
email: eslin@maine.edu
1.6 Award of Proposal: Presentations may be requested of two or more bidders deemed by the University to be the best suited among those submitting proposals on the basis of the selection criteria. After presentations have been conducted, the University may select the bidder which, in its opinion, has made the proposal that is the most responsive and most responsible and may award the contract to that bidder. The University reserves the right to waive minor irregularities. Scholarships, donations, or gifts to the University, will not be considered in the evaluation of proposals. The University may cancel this RFP or reject any or all proposals in whole or in part. Should the University determine in its sole discretion that only one bidder is fully qualified, or that one bidder is clearly more qualified than any other under consideration, a contract may be awarded to that bidder without further action.
1.7 Award Protest: Bidders may appeal the award decision by submitting a written protest to the Director of Purchasing within five (5) business days of the date of the award notice, with a copy to the successful bidder. The protest must contain a statement of the basis for the challenge.
1.8 Confidentiality: The information contained in proposals submitted for the University's consideration will be held in confidence until all evaluations are concluded and an award has been made. At that time, the winning proposal will be available for public inspection. Pricing and other information that is an integral part of the offer cannot be considered confidential after an award has been made. The University will honor requests for confidentiality for information of a proprietary nature to the extent allowed by law. Clearly mark any information considered confidential.
1.9 Costs of Preparation: Bidder assumes all costs of preparation of the proposal and any presentations necessary to the proposal process.
1.10 Debarment: Submission of a signed bid or proposal in response to this solicitation is certification that your firm (or any subcontractor) is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Submission is also agreement that the University will be notified of any change in this status.
1.11 Proposal Understanding: By submitting a proposal, the bidder agrees and assures that the specifications are adequate, and the bidder accepts the terms and conditions herein. Any exceptions should be noted in your response.
1.12 Proposal Validity: Unless specified otherwise, all proposals shall be valid for 60 days from the due date of the proposal.
1.13 Specification Protest Process and Remedies: If a bidder feels that the specifications are written in a way that limits competition, a specification protest may be sent to the Purchasing Department. Specification Protests will be responded to within five (5) business days of receipt. Determination of protest validity is at the sole discretion of the University. The due date of the bid may be changed if necessary to allow consideration of the protest and issuance of any necessary addenda. Specification protests shall be presented to the University in writing as soon as identified, but no less than five (5) business days prior to the bid opening date and time. No protest against the award due to the specifications shall be considered after this deadline. Protests shall include the reason for the protest and any proposed changes to the specifications. Protests should be delivered to the Purchasing Department in sealed envelopes, clearly marked as follows:
SPECIFICATION PROTEST, RFP #______
1.14 Proposal Submission: A SIGNED original and 1 copy of the proposal must be submitted to the University of Maine Purchasing Department, 5765 Service Building, Orono, Maine 04469-5765, in a sealed envelope by Tuesday, July 29, 2003, to be date stamped by the Purchasing Department in order to be considered. Normal business hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Proposals received after the due date will be returned unopened. There will be no public opening of proposals (see Confidentiality clause). Vendors are strongly encouraged to submit proposals in advance of the due date to avoid the possibility of missing the due date because of unforeseen circumstances. Vendors assume the risk of the methods of dispatch chosen. The University assumes no responsibility for delays caused by any package or mail delivery service. Postmarking by the due date WILL NOT substitute for receipt of proposal. In the event that the University is closed due to inclement weather on the day that a proposal is due, proposals will be accepted on the next day that the University is open. Vendors may wish to call 207-581-SNOW or 800-581-SNOW if the weather is bad, to learn if the University has closed. Additional time will not be granted to any vendor. Additional time may be granted to all vendors when the University determines that circumstances require it. FAXED OR E-MAIL PROPOSALS WILL NOT BE ACCEPTED. The envelope must be clearly identified on the outside as follows:
Name of Bidder
Address of Bidder
Due Date
RFP #
1.15 Proposal Preparation: Before submitting a proposal, the bidder may want to visit the site of the proposed work to become fully acquainted with existing conditions, facilities, difficulties and restrictions, thoroughly examine and be familiar with the specifications included in the bid. The site will be made available for inspection by calling Richard Young at 581-4184.
2.0 GENERAL TERMS AND CONDITIONS:
2.1 Contract Documents: If a separate contract is not written, the contract entered into by the parties shall consist of the RFP, the signed proposal submitted by the Contractor, the specifications including all modifications thereof, and a purchase order or letter of agreement requiring signatures of the University and the Contractor, all of which shall be referred to collectively as the Contract Documents.
2.2 Contract Modification and Amendment: The parties may adjust the specific terms of this contract (except for the fee) where circumstances beyond the control of either party require modification or amendment. Any modification or amendment proposed by the Contractor must be in writing to the Purchasing Department. Any agreed upon modification or amendment must be in writing and signed by both parties.
2.3 Contract Term: The contract term shall begin September 1, 2003 or when students first start arriving on campus and will end on or about May 15, 2004 when classes end. With mutual written agreement of the parties this contract may be extended for two additional academic year periods. An academic year is when students first begin arriving at the University in September until sometime in May when classes end.
2.4 Contract Data: The Contractor is required to provide the University with detailed data concerning the contract at the completion of each contract year or at the request of the University at other times. The University reserves the right to audit the Contractor's records to verify the data. This data may include, but is not limited to, dollar volume, items sold, services rendered, and commissions paid to the University.
2.5 Contract Validity: In the event one or more clauses of the contract are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of the contract.
2.6 Cancellation/Termination: If the Contractor defaults in its agreement to provide personnel or equipment to the University's satisfaction, or in any other way fails to provide service in accordance with the contract terms, the University shall promptly notify the Contractor of such default and if adequate correction is not made within 10 days, the University may take whatever action it deems necessary to provide alternate services and may, at its option, immediately cancel this Contract with written notice. Except for such cancellation for cause by the University, either the University or the Contractor may terminate this Contract by giving 30 days advance written notice to the other party. Loss of license or termination of professional licensure will mean immediate termination of this contract. Cancellation does not release the Contractor from its obligation to provide goods or services per the terms of the contract during the notification period.
2.7 Contract Administration and Clarification of Responsibilities:
2.7.1 If the Contractor needs clarification of or deviation from the terms of the contract. It is the Contractor's responsibility to obtain written clarification or approval from:
Robert Eslin
Associate Director of Purchasing
5765 Service Building
Orono, Maine 04469-5765
Phone: 207-581-2688
E-Mail: eslin@maine.edu
2.7.2 The Contractor will coordinate activities for everyday scheduling and services with:
Richard Young
Athletic Medicine Coordinator
Cutler Health Center
Orono, Maine 04469
Phone: 207-581-4184
E-Mail: ryoung@maine.edu
2.8 Litigation: This Contract and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Maine. The Contractor agrees that any litigation, action or proceeding arising out of this Contract, shall be instituted a state court located in the State of Maine. The Contractor agrees to notify the Contract Administrator and the Director of Cutler Health Center of any litigation against an individual relating to patient care.
2.9 Assignment: Neither party of the contract shall assign the contract without the prior written consent of the other, nor shall the contractor assign any money due or to become due without the prior written consent of the University.
2.10 Equal Opportunity: In the execution of the contract, the Contractor and all subcontractors agree, consistent with University of Maine System policy, not to discriminate on the grounds of race, color, religion, sex, sexual orientation, national origin or citizenship status, age, disability or veterans status and to provide reasonable accommodations to qualified individuals with disabilities upon request.
2.11 Independent Contractor: Whether the Contractor is corporation, partnership, other legal entity, or an individual, the Contractor is an independent contractor. If the Contractor is an individual, the Contractor's duties will be performed with the understanding that the Contractor is a self-employed person, has special expertise as to the services which the Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. The manner in which the services are performed shall be controlled by the Contractor; however, the nature of the services and the results to be achieved shall be specified by the University. The Contractor is not to be deemed an employee or agent of the University and has no authority to make any binding commitments or obligations on behalf of the University except as expressly provided herein. The University of Maine System has prepared specific guidelines to be used for contractual agreements with individuals (not corporations or partnerships) who are not considered employees of the System.
2.12 Sexual Harassment: The University of Maine is committed to providing a positive environment for all students and staff. Sexual harassment, whether intentional or not, undermines the quality of this educational and working climate. The University thus has a legal and ethical responsibility to ensure that all students and employees can learn and work in an environment free of sexual harassment. Consistent with the state and federal law, this right to freedom from sexual harassment was defined as University policy by the Board of Trustees. Failure to comply with this policy could result in termination of this contract without advanced notice. Further information regarding this policy is available from the Director of Equal Opportunity, Alumni Hall, 581-1226.
2.13 Indemnification: The Contractor agrees to be responsible for, and to protect, save harmless, and indemnify the University and its employees from and against all loss, damage, cost and expense (including attorney's fees) suffered or sustained by the University or for which the University may be held or become liable by reason of injury (including death) to persons or property or other causes whatsoever, in connection with the operations of the Contractor or any subcontractor under this agreement.
2.14 Contractor’s Liability Insurance: The Contractor, or any subcontractor, shall not commence work under this agreement until the Contractor and any subcontractor has obtained all insurance required under this section and such insurance has been approved by the University of Maine. During the term of this agreement, the Contractor shall maintain the following insurance:
Insurance Type Coverage Limit
1. Medical Professional Liability $2,000,000 coverage or greater
2. Commercial General Liability $1,000,000 per occurrence or more
(Written on an Occurrence-based form) (Bodily Injury and Property Damage)
3. Automobile Liability $1,000,000 per occurrence or more
(Bodily Injury and Property Damage)
4. Workers Compensation Required for all personnel
Employers Liability minimum limits:
Bodily injury by accident: $100,000 each accident
Bodily injury by disease: $100,000 each accident
Bodily injury by disease: $500,000 policy limit
The University of Maine System shall be named as Additional Insured on the Commercial General Liability insurance.
Certificates of Insurance for all of the above insurance shall be filed with:
University of Maine Purchasing Department
5765 Service Building
Orono, Maine 04469
Certificates shall be filed prior to the date of performance under this Agreement. Said certificates, in addition to proof of coverage, shall contain the standard accord statement pertaining to written notification in the event of cancellation, with a thirty-(30) day notification period.
As additional insured and certificate holder, the University should be included as follows:
The University of Maine System
107 Maine Avenue
Bangor, ME 04401
2.15 Smoking Policy: The University of Maine System must comply with the "Work place Smoking Act of 1985" and MRSA title 22, 1541 et seq "Smoking Prohibited in Public Places." In compliance with this law, the University of Maine System has prohibited smoking in all University System buildings except in designated smoking areas. This rule must also apply to all contractors and workers in existing University System buildings. The Contractor shall be responsible for the implementation and enforcement of this requirement within existing buildings.
3.0 PERFORMANCE TERMS AND CONDITIONS:
3.1 Employees: The Contractor shall employ only competent and satisfactory personnel and shall provide a sufficient number of employees to perform the required services efficiently and in a manner satisfactory to the University. If the Contract Administrator or designee, notifies the Contractor in writing that any person employed on this contract is incompetent, disorderly, or otherwise unsatisfactory, such person shall not again be employed in the execution of this contract without the written consent of the Contract Administrator.
3.2 Payment for Services Rendered: Payment for services will be through insurance carriers of patients. The Contractor must agree to accept the insurance payment as full payment for services rendered. For students without health insurance, billing can be according to the Contractor’s established payment policies.
Cutler Health Center
Dick Young
Athletic Medicine Coordinator
5721 Cutler Health Center
Orono, Maine 04469-5721
Phone (207) 581-4184
3.3 Payment of Fee: Payment of ½ the annual amount is due at the University’s Cutler Health Center Business office at the end of each semester.
Cutler Health Center
Business Office
5721 Cutler Health Center
Orono, Maine 04469-5721
Phone (207) 581-4018
3.4 Records Policy: The Contractor agrees to follow an approved medical records policy for confidentiality-release of information and AIDS documentation procedure agreed to by the University and following applicable laws. HIPAA records will be maintained by the Contractor. The University will require a business associate agreement to manage confidential information.
3.5 Clinic Hours: Services must be provided Tuesday and Thursday, 1:30 PM to 4:00 PM, during the academic calendar year, with services suspended during scheduled University breaks.
3.6 Licenses: The Contractor agrees to maintain necessary and appropriate licensing and/or accreditation for all staff providing services under this agreement and provide verification thereof to the University.
3.7 Notification: The Contractor agrees to notify the Contract Administrator, in writing, of any loss, termination or suspension of professional licensure or disciplinary complaint against any employee active in provision of services in this agreement.
3.8 Patient Confidentiality: The Contractor agrees patient confidentiality will be maintained at all times. Any patient information on site will be kept in a secure area.
3.9 This agreement replaces all previous contracts and agreements on the subject mater hereof.
4.0 PROPOSAL CONTENT:
Bidders shall ensure that all information required herein is submitted with the proposal. All information provided should be verifiable by documentation requested by the University. Failure to provide all information, inaccuracy or misstatement may be sufficient cause for rejection of the proposal or rescission of an award. Bidders are encouraged to provide any additional information that may be useful in the evaluation process. Responses to each requirement below should be in order and clearly marked with the section number to which they respond.
4.1 Human resources: Bidders are required to submit the names of people that will perform the services on the contract, including, resumes, licenses, experience and education.
4.2 Licenses: Bidders are required to submit proof of having an unlimited license to practice Physical Therapy in the State of Maine
4.3 Insurance: Bidders must provide proof of insurance at levels required section 2.14 by a letter from an insurance carrier certified to do business in the State of Maine stating the bidder can be approved for the required insurance, or a certificate of insurance showing your firm currently has insurance to the levels required by the agreement.
4.4 Fee: Bidders must provide the annual dollar amount they are willing to pay for the use of the space and equipment in CHC per academic year.
4.5 Experience: Bidders are asked to provide information about any relevant experience the company has for this type of service.
4.6 Policies: Submit any medical records confidentiality policy and AIDS documentation procedures used by your organization to meet state and federal laws.
4.7 Reporting capabilities: Bidders are asked to provide information about reports that will be available to the University for services rendered.
4.8 Uninsured students: Explain you policy for treating students that do not have health insurance.
4.9 References: A list of three references is required to be submitted with your quotation. These references should be in some way reflect on the bidders abilities to provide physical therapy and rehabilitation services to the Cutler Health Center.
Company Name:____________________________________________________
Address:_________________________________________________________
City:____________________ State:_________ Zip Code:___________
Contact Person:__________________________________________________
Phone Number: ( ) ______________ Fax Number: ( )_____________
Company Name:____________________________________________________
Address:_________________________________________________________
City:___________________ State:_________ Zip Code:___________
Contact Person:__________________________________________________
Phone Number: ( ) _______________ Fax Number: ( )____________
Company Name:____________________________________________________
Address:_________________________________________________________
City:____________________ State:_________ Zip Code:___________
Contact Person:__________________________________________________
Phone Number: ( ) _________________ Fax Number: ( )__________
5.0 SIGNATURE:
COMPANY NAME _______________________
By:
(Signature)
(Print Name)
(Title)
(Date)
July 11, 2003
Addendum #1 – RFP #1-04
Physical Therapy Services for Cutler Health Center
The following information is a clarification of clause 3.2 Payment for Services Rendered. The clause has been changed to read:
Section 3.2 Payment for Services Rendered: Payment for services will be through insurance carriers of students. The Contractor can bill students as in normal business practices for services not covered by insurance including co pays. However, if a student has no health insurance the Contractor should work with the student to establish a payment plan.