TITLE 8 SOCIAL SERVICES
CHAPTER 321 SPECIALIZED BEHAVIORAL HEALTH SERVICES
PART 9 PROCUREMENT
OF PROFESSIONAL SERVICES FOR ALCOHOL AND SUBSTANCE ABUSE SERVICES
8.321.9.1 ISSUING AGENCY: New Mexico
Health Care Authority.
[8.321.9.1 NMAC - N,
7/01/2024]
8.321.9.2 SCOPE: Each entity
(offeror/contractor) which submits a proposal(s) for or receives division
funding for the purpose of establishing, expanding or continuing one or more of
those substance abuse services authorized by the Alcoholism and Alcohol Abuse
Prevention, Screening and Treatment Act (Sections 43-3-8 et seq. NMSA 1978) or
the Drug Abuse Act (Sections 26-2-1 et seq. NMSA 1978) except where the content
of a regulation or any portion thereof is expressly applicable only to a
specific group of offerors/contractors.
[8.321.9.2 NMAC - N,
7/01/2024]
8.321.9.3 STATUTORY AUTHORITY: Subsection E
of Section 9-8-6 NMSA 1978, Subsection A of Section 43-3-11 NMSA 1978 of the
Alcoholism and Alcohol Abuse Prevention, Screening and Treatment Act (Sections
43-3-8 et seq. NMSA 1978), or Subsection D of Section 26-2-4 of the Drug Abuse
Act (Sections 26-2-1 et seq. NMSA 1978).
Section 9-8-1 et seq. NMSA 1978 establishes the health care authority
(authority) as a single, unified department to administer laws and exercise
functions relating to health care purchasing and regulation.
[8.321.9.3 NMAC - N,
7/01/2024]
8.321.9.4 DURATION: Permanent.
[8.321.9.4 NMAC - N,
7/01/2024]
8.321.9.5 EFFECTIVE DATE: July 1, 2024,
unless a later date is cited at the end of a section.
[8.321.9.5 NMAC - N,
7/01/2024]
8.321.9.6 OBJECTIVE: To establish
procedures for procurement of professional services by competitive sealed
proposals for substance abuse treatment and/or prevention services; and to
establish minimum standards of eligibility for division funding.
[8.321.9.6 NMAC - N,
7/01/2024]
8.321.9.7 DEFINITIONS:
A. “Client” means an individual or family requesting or receiving
services.
B. “Contractor” means an entity under contract with the authority to
provide substance abuse prevention, treatment, screening or assessment
services.
C. “Director” means the director of the behavioral health services
division/substance abuse of the New Mexico health care authority.
D. “Division” means the behavioral health services division of the
New Mexico health care authority.
E. “Division funding” means funding from state and/or federal sources that
is available through the behavioral health services division of the New Mexico
health care authority for the provision of substance abuse services.
F. “Governing body” means the group of individuals vested with an
organization’s policy-making authority for the management of that organization.
G. “Offeror” means an entity who submits a response to a request
for proposals solicited by the division.
H. “Secretary” means the secretary of the New Mexico health care
authority.
I. “Standards” means those policies and procedures stipulated in
such regulations as may be amended or adopted by the authority.
J. “Substance abuse” means the use of one or more drugs, including
alcohol, which significantly and negatively impacts one or more major areas of
life functioning.
[8.321.9.7 NMAC - N,
7/01/2024]
8.321.9.8 MINIMUM STANDARDS:
A. These
regulations comprise the minimum standards of eligibility for division
funding. Meeting the minimum standards
of eligibility does not guarantee that a contractor/offeror will receive
division funding, nor that funding will be awarded in subsequent fiscal years.
B. The
division may impose additional requirements beyond those contained in these
regulations on any contractor/offeror through terms in a contract between the
contractor and the division. Additional
requirements may be imposed when a contractor/offeror has limited financial
management or service delivery experience, or has an inadequate performance
record, or in order to correct specific weakness identified by the division.
[8.321.9.8 NMAC - N,
7/01/2024]
8.321.9.9 REQUIREMENTS OF OTHER AGENCIES: A
contractor/offeror who is required to be licensed by the licensing and
certification bureau of the public health division of the department of health
must obtain and retain such license.
[8.321.9.9 NMAC - N,
7/01/2024]
8.321.9.10 WAIVER:
A. At
the request of a contractor/offeror and with the director’s authorization, the
division may issue a written waiver of any of the requirements of these
regulations which are not otherwise required by law.
B. The
request for waiver must be in writing and must be signed by the authorized
signatory of the contractor/offeror. The
waiver may be granted only if accompanied by documentation which demonstrates
that the waiver is in the best interest of the contractor’s/offeror’s clients.
[8.321.9.10 NMAC - N,
7/01/2024]
8.321.9.11 REVIEW AND EVALUATION:
A. A
contractor’s performance shall be evaluated by review of:
(1) its compliance with all applicable federal and state rules
and regulations, including such regulations as may be amended or adopted by the
authority, and the terms and conditions of its individual contract;
(2) the degree of achievement of its own self-described
objectives as negotiated between the contractor and the division as described
in the contractor’s approved funding proposal;
(3) its financial and client status reports to the division
and annual audit; and
(4) the fiscal solvency of the contractor.
B. During
any site visit, division staff shall be given access to:
(1) any person employed at the site who is present at the site
at the time of the visit, or any individual member of the contractors governing
body whom the division staff wish to interview (interviews with members of the
governing body shall be scheduled at the convenience of the members of the
governing body);
(2) all physical facilities which are utilized for division
funded activities; and
(3) clients to whom the contractor is providing substance
abuse related services funded by the division and who agree to be interviewed
(no client identifying information shall be removed from the program premises
as a result of such interviews).
[8.321.9.11 NMAC - N,
7/01/2024]
8.321.9.12 REQUEST FOR PROPOSAL PROCESS:
A. A
public notice of the request for proposals (RFP) shall be given by publishing a
notice not less than ten (10) calendar days prior to the date set for receipt
of the proposal. The notice shall be
published at least once in a newspaper of a general circulation in New Mexico
or the community where services are proposed. For all expenditures over
$20,000, copies of the notice shall also be sent to interested persons and
business who have signified in writing an interest in submitting proposals for
particular categories of services.
B. The
division will initiate the process for procurement of services through a
request for proposals. The RFPshall be
issued soliciting competitive proposals, and shall include (but not be limited
to) the following:
(1) the type of service(s) to be procured (i.e., residential,
outpatient, prevention, etc.) and the anticipated amount of funding available;
(2) all contractual terms and conditions applicable to the
procurement;
(3) the location where proposals are to be received;
(4) the date, time and place where proposals are to be
received and reviewed;
(5) a statement of relative weights to be given to the factors
when evaluating proposals;
(6) a statement that offerors submitting proposals may be
afforded an opportunity for discussion and revision of proposals (revisions may
be permitted after submission of proposals and prior to award for the purpose
of obtaining best and final offers);
(7) a statement that the contents of any proposal shall not be
disclosed so as to be available to competing offerors during the negotiation
process; and
(8) a statement which reads as follows: “The Procurement Code,
Sections 13-1-28 through 13-1-199, NMSA 1978, imposes civil and criminal
penalties for its violation. In
addition, the New Mexico Criminal Statutes impose felony penalties for illegal
bribes, gratuities and kickbacks.”
[8.321.9.12 NMAC - N,
7/01/2024]
8.321.9.13 PROPOSAL PROCESS/PROCEDURE:
A. All
offerors submitting proposals for division funding shall utilize the format and
forms designated by the division and shall submit all information and copies
consistent with instructions stipulated in the RFP packet.
B. The
proposal by a non-profit corporation shall be signed by the signatory
authorized by the organizations board of directors. The proposal of a municipality or other
public body shall be signed by a signatory authorized by the municipality or
the local public body.
C. The
services for which an offeror seeks division funding must be consistent with
the service needs for which the RFP is intended.
D. The
division may, at its discretion, request proposals to meet service needs or
establish research or demonstration projects.
Offerors responding to such division requests for proposals shall submit
their proposals in the form, time, and manner indicated in the division’s
request for such proposal.
[8.321.9.13 NMAC - N,
7/01/2024]
8.321.9.14 RECEIPT OF PROPOSALS:
A. Completed
proposals shall be submitted to the division or the organizational unit
designated within the division as specified in the notice of the RFP.
B. The
organizational unit of the division receiving the completed proposal(s) shall
establish a log of all proposals received, which shall include the date and
time each proposal was received, the name of the offeror, and a description of
the proposal sufficient to identify the service(s) offered.
[8.321.9.14 NMAC - N,
7/01/2024]
8.321.9.15 PROPOSAL REVIEW/RECOMMENDATIONS:
A. Division
staff shall, immediately upon receipt of proposals or soon after the deadline
for submission, evaluate every responsive proposal submitted.
B. All
responsive proposals will be evaluated and ranked in order, taking into
consideration the evaluation factors and relative weights set forth in the
request for proposals.
C. The
list of proposals (in rank order) and the final recommendations from division
staff will be provided to the director.
D. The
director will recommend to the secretary of the authority those proposals
selected for award of contracts for proposed services.
[8.321.9.15 NMAC - N,
7/01/2024]
8.321.9.16 CONTRACT
NEGOTIATION/AWARD/NOTICE/ACCEPTANCE:
A. The
secretary of the authority will award a contract(s) to the offeror(s) which is
(are) most advantageous to the authority.
B. The
division’s award is contingent upon the offerors acceptance of any additional
or special terms and conditions listed in the contract and any changes in the
funding proposal. The offeror shall
indicate acceptance of the award and any special or additional conditions it
contains during the negotiation process and by signing and returning the
contract to the division’s offices. The
contract shall become legally binding upon approval by the department of
finance and administration of the written document.
C. The
division will notify in writing each offeror of the outcome of the award
process and will soon thereafter begin negotiations with the offeror(s)
accepted.
D. All
contracts for services with the authority shall be reviewed:
(1) as to form and legal sufficiency by the office of
general counsel of the authority;
(2) for budget sufficiency by the administrative services
division of the authority; and
(3) by the department of finance and administration for
form, legal sufficiency and budget requirements pursuant to Section 13-1-118
NMSA 1978.
E. The
division will negotiate a contract for the services at a fair and reasonable
price which will conform to those previously accepted price ranges for specific
units of service as determined by the division.
F. The
dollar amount and the length of the term of each contract offered lies within
the sole discretion of the authority.
All awards are subject to the availability of appropriated funds.
[8.321.9.16 NMAC - N,
7/01/2024]
8.321.9.17 PROTEST PROCEDURES: All protests
filed with the authority will be governed by 7.1.6 NMAC, “Protest Procedure
Under the Procurement Code”, or such regulations as may be amended or adopted
by the authority.
[8.321.9.17 NMAC - N,
7/01/2024]
HISTORY OF 8.321.9
NMAC: [RESERVED]