Advanced Planning for Individuals Receiving DDDS Services's HCBS

REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES
ADVANCED PLANNING FOR INDIVIDUALS RECEIVING THE DIVISION OF
DEVELOPMENTAL DISABILITY SERVICES'S HCBS WAIVER
ISSUED BY
DIVISION OF DEVELOPMENTAL DISABILITY SERVICES
CONTRACT NUMBER HSS-26-080
Contents:
I. Overview
II. Scope of Services
III. Required Information
IV. Professional Services RFP Administrative Information
V. Contract Terms and Conditions
VI. RFP Miscellaneous Information
VII. Attachments
Appendix A - Minimum Mandatory Submission Requirements
Appendix B - Scope of Work and Tenhnical Requirements
Appendix C - Vendor Forms
Attachment 2 - Vendor Information Form
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Attachment 3 - Non-Collusion Statement
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Attachment 4 - Exception Form
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Attachment 5 - Confidentiality Form
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Attachment 6 - Business References
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Attachment 7 - Subcontractor Form - if applicable
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Appendix D - Templates/Sample Agreements
Professional Services Agreement
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Business Associate Agreement
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DTI Terms & Conditions
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Appendix E - Project Cost Template
** Ctrl + Click on the headings above will take you directly to the section.
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STATE OF DELAWARE
DIVISION OF DEVELOPMENTAL DISABILITY SERVICES
I. Overview
The State of Delaware Department of Health and Social Services, Division of Developmental
Disability Services, seeks professional services to assist individuals in decision making
processes that are an alternative to guardianship. This request for proposals ("RFP") is issued
pursuant to 29 Del. C. 6981 and 6982.
The proposed schedule of events subject to the RFP is outlined below:
Public Notice 06/18/2026
Deadline for Questions 07/07/2026 at 4:30 PM EDT
Pre-Bid Meeting - Non-Mandatory 07/21/2026 at 1:00 PM EDT
Response to Questions Posted by: 08/04/2026
Deadline for Receipt of Proposals 08/18/2026 at 1:00 PM EDT
Estimated Notification of Award TBD
Estimated Project Start Date 12/01/2026
Each proposal must be accompanied by a transmittal letter which briefly summarizes the
proposing firm's interest in providing the required professional services. The transmittal letter
must also clearly state and justify any exceptions to the requirements of the RFP which the
applicant may have taken in presenting the proposal. (Applicant exceptions must also be
recorded on Attachment 4).
Furthermore, the transmittal letter must attest to the fact, at a minimum, that the Vendor shall
not store or transfer non-public State of Delaware data outside of the United States.
For technology related solicitations, Vendors may refer to the Delaware Department of
Technology and Information identified terms and conditions included in this solicitation.
The State of Delaware reserves the right to deny any and all exceptions taken to the RFP
requirements.
NON-MANDATORY PRE-BID MEETING
___________________________________________________________________________
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2

STATE OF DELAWARE
DIVISION OF DEVELOPMENTAL DISABILITY SERVICES
___________________________________________________________________________
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___________________________________________________________________________
Questions may be submitted no later than July 7, 2026 @ 4:30 PM EDT.
All inquiries must be submitted in the Q/A section of the project listing in the Euna
Procurement (formerly Bonfire) Portal (https://dhss.bonfirehub.com).
The Department's response to questions will be posted, according to the
procurement schedule, under the project listing in Euna Procurement
(formerly Bonfire) and to the State of Delaware Bid Solicitation Directory
Website: http://www.bids.delaware.gov/ by August 4, 2026.
II. Scope of Services
The Legal Decision-Making for the Division of Developmental Disability Services (DDDS)
Service Recipients program is designed to provide advance planning and other legal decision-
making planning for DDDS recipients receiving 1915(c) or 1915(i) HCBS services. Through
this program, DDDS can support up to 100 individuals per year to develop advance planning
directives and other legal decision-making documents that will support choice and autonomy
in decision-making, as well as promote access to care.
Developing Supported Decision-Making agreements, Powers of Attorney, and Advance
Health Care Directives is in alignment with and promotes the National Core Indicators:
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STATE OF DELAWARE
DIVISION OF DEVELOPMENTAL DISABILITY SERVICES
All awarded vendors will conduct their business and provide services in compliance with all
applicable State and Federal laws, rules, policies, and procedures which are incorporated into
this Agreement by reference, including with and without limitations, the laws, rules, policies,
and procedures that are listed and referenced on the websites located at the following URL
addresses:
Division of Developmental Disabilities Policies:
http://dhss.delaware.gov/ddds/ddds_policy_main.html
For the overview of the full Scope of Work, please reference Appendix B below.
III. Required Information
The following information shall be provided in each proposal in the order listed below. Failure
to respond to any request for information within this proposal may result in rejection of the
proposal at the sole discretion of the State.
A. Minimum Requirements
1. Provide Delaware license(s) and/or certification(s) necessary to perform services as
identified in the scope of work.
Prior to the execution of an award document, the successful Vendor shall either furnish
the Agency with proof of State of Delaware Business Licensure or initiate the process
of application where required.
2. Vendor shall provide responses to the Request for Proposal (RFP) scope of work and
clearly identify capabilities as presented in the General Evaluation Requirements
below.
3. Complete all appropriate attachments and forms as identified within the RFP.
4. Proof of insurance and amount of insurance shall be furnished to the Agency prior to
the start of the contract period and shall be no less than as identified in the bid
solicitation, Section V, Item G, subsection 8 (Insurance).
B. General Evaluation Requirements
1. Experience and Reputation
2. Expertise (for the particular project under consideration)
3. Capacity to meet requirements (size, financial condition, etc.)
4. Location (geographical)
5. Demonstrated ability
6. Familiarity with public work and its requirements
7. Distribution of work to individuals and firms or economic considerations
8. Demonstrated expertise in a person-centered service model and the ability to engage
in two-way communication with the participants of this service.
9. Full understanding of the pros and cons of guardianship and the alternative methods
of providing decision-making support.
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STATE OF DELAWARE
DIVISION OF DEVELOPMENTAL DISABILITY SERVICES
IV. Professional Services RFP Administrative Information
A. RFP Issuance
1. Public Notice
Public notice has been provided in accordance with 29 Del. C. 6981.
2. Obtaining Copies of the RFP
This RFP is available in electronic form through the State of Delaware Procurement
website at https://mmp.delaware.gov/Bids/ and on Euna Procurement (formerly
Bonfire) at https://dhss.bonfirehub.com.
Paper copies of this RFP will not be available.
3. Assistance to Vendors with a Disability
Vendors with a disability may receive accommodation regarding the means of
communicating this RFP or participating in the procurement process. For more
information, contact the Designated Contact no later than ten days prior to the deadline
for receipt of proposals.
4. RFP Designated Contact
All requests, questions, or other communications about this RFP shall be made
through Euna Procurement (formerly Bonfire) at https://dhss.bonfirehub.com.
Communications made to other State of Delaware personnel or attempting to ask
questions by phone or in person will not be allowed or recognized as valid and may
disqualify the vendor.
Vendors should rely only on written statements issued by the RFP designated
Contracts, Management and Procurement contact.
The RFP designated contact is:
John Eirdosh
2540 Wrangle Hill Road
Bear, DE 19702
John.eirdosh@delaware.gov
Contracts, Management and Procurement Contact:
Eddie Mui
Management Analyst III
DHSS_DMS_dmsprocure@delaware.gov
5. Consultants and Legal Counsel
The State of Delaware may retain consultants or legal counsel to assist in the review
and evaluation of this RFP and the vendors' responses. Bidders shall not contact the
State's consultant or legal counsel on any matter related to the RFP.
6. Contact with State Employees
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STATE OF DELAWARE
DIVISION OF DEVELOPMENTAL DISABILITY SERVICES
Direct contact with State of Delaware employees other than the State of Delaware
Designated Contact regarding this RFP is expressly prohibited without prior consent.
Vendors directly contacting State of Delaware employees risk elimination of their
proposal from further consideration. Exceptions exist only for organizations currently
doing business in the State who require contact in the normal course of doing that
business.
7. Organizations Ineligible to Bid
Any individual, business, organization, corporation, consortium, partnership, joint
venture, or any other entity including subcontractors currently debarred or suspended
is ineligible to bid. Any entity ineligible to conduct business in the State of Delaware
for any reason is ineligible to respond to the RFP.
8. Exclusions
The Proposal Evaluation Team reserves the right to refuse to consider any proposal
from a vendor who:
a. Has been convicted for commission of a criminal offense as an incident to
obtaining or attempting to obtain a public or private contract or subcontract, or in
the performance of the contract or subcontract:
b. Has been convicted under State or Federal statutes of embezzlement, theft,
forgery, bribery, falsification or destruction of records, receiving stolen property, or
other offense indicating a lack of business integrity or business honesty that
currently and seriously affects responsibility as a State contractor:
c. Has been convicted or has had a civil judgment entered for a violation under State
or Federal antitrust statutes:
d. Has violated contract provisions such as:
1) Known failure without good cause to perform in accordance with the
specifications or within the time limit provided in the contract; or
2) Failure to perform or unsatisfactory performance in accordance with terms of
one or more contracts;
e. Has violated ethical standards set out in law or regulation; and
f. Any other cause listed in regulations of the State of Delaware determined to be
serious and compelling as to affect responsibility as a State contractor, including
suspension or debarment by another governmental entity for a cause listed in the
regulations.
B. RFP Submissions
1. Acknowledgement of Understanding of Terms
By submitting a bid, each vendor shall be deemed to acknowledge that it has carefully
read all sections of this RFP, including all forms, schedules and exhibits hereto, and
has fully informed itself as to all existing conditions and limitations.
2. Proposals
To be considered, all proposals must be submitted in through Euna
Procurement (formerly Bonfire) at https://dhss.bonfirehub.com/ and respond
to the items outlined in this RFP.
The State reserves the right to reject any non-responsive or non-conforming
proposals.
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STATE OF DELAWARE
DIVISION OF DEVELOPMENTAL DISABILITY SERVICES
Responses submitted by hard copy, mail, facsimile, or e-mail will not be
accepted.
All proposals must be submitted prior to 1:00 PM EDT on August 18, 2026.
PROPOSAL REQUIREMENTS
a. Proposals must be received before the Proposal Due Date and Time, as
identified in the Procurement Schedule for this RFP.
Responses received after the Proposal Due Date and Time will not be
accepted.
b. Upload your submission at: https://dhss.bonfirehub.com/
Important Notes:
* Logging in and/or uploading the file(s) does not mean the response is
submitted. Users must successfully upload all the file(s) and MUST click
the submit button before the proposal due date and time.
* Users will receive an email confirmation receipt with a unique
confirmation number once the submission has been finalized. This will
confirm that the proposal has been submitted successfully.
* Each submitted item of Requested Information will only become visible
to DHSS after the proposal due date and time.
* If the file is mandatory, you will not be able to complete your submission
until the requirement is met.
* Uploading large documents may take significant time depending on the
size of the file(s) and your Internet connection speed. The maximum
upload file size is 1000 MB.
* Minimum system requirements: Microsoft Edge, Google Chrome, or
Mozilla Firefox. Java Script must be enabled.
* Notarizations are no longer required.
Need Help? Please contact Euna Procurement (formerly Bonfire) directly at
Bonfire Hub, email to support.bonfire@eunasolutions.com, or call 1- 844-
226- EUNA (3862) press 1 for customer support/technical questions or issues
related to your submission. You can also visit their help forum at
https://customer.eunasolutions.com/public/s/contactsupport.
Any proposal submitted after the Deadline for Receipt of Proposals date will
not be accepted. The contents of any proposal shall not be disclosed as to be
made available to competing entities during the negotiation process.
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STATE OF DELAWARE
DIVISION OF DEVELOPMENTAL DISABILITY SERVICES
Upon receipt of vendor proposals, each vendor shall be presumed to be
thoroughly familiar with all specifications and requirements of this RFP. The
failure or omission to examine any form, instrument or document shall in no
way relieve vendors from any obligation in respect to this RFP.
3. Proposal Modifications
Any changes, amendments or modifications to a proposal must be submitted through
Euna Procurement (formerly Bonfire) prior to the proposal due date. Changes,
amendments, or modifications to proposals shall not be accepted or considered after
the hour and date specified as the deadline for submission of proposals.
4. Proposal Costs and Expenses
The State of Delaware will not pay any costs incurred by any Vendor associated with
any aspect of responding to this solicitation, including proposal preparation, printing or
delivery, attendance at vendor's conference, system demonstrations or negotiation
process.
5. Proposal Expiration Date
Prices quoted in the proposal shall remain fixed and binding on the bidder at least
through June 30, 2028. The State of Delaware reserves the right to ask for an
extension of time if needed.
6. Late Proposals
Proposals submitted after the specified date and time will not be accepted by
the Euna Procurement (formerly Bonfire) Portal. Evaluation of the proposals is
expected to begin shortly after the proposal due date. To document
compliance with the deadline, the proposal will be date and time stamped upon
receipt by Euna Procurement (formerly Bonfire).
7. Proposal Opening
The State of Delaware will receive proposals via Euna Procurement (formerly
Bonfire) until the date and time shown in this RFP. Proposals will be opened in the
presence of State of Delaware personnel.
There will be no public opening of proposals, but a public log will be kept of the
names of all vendor organizations that submitted proposals. The contents of
any proposal shall not be disclosed in accordance with 29 Del. C. 10001, et
seq. ("FOIA").
8. Non-Conforming Proposals
Non-conforming proposals will not be considered. Non-conforming proposals are
defined as those that do not meet the requirements of this RFP. The determination of
whether an RFP requirement is substantive, or a mere formality shall reside solely
within the State of Delaware.
9. Concise Proposals
The State of Delaware discourages overly lengthy and costly proposals. It is the desire
that proposals be prepared in a straightforward and concise manner. Unnecessarily
elaborate brochures or other promotional materials beyond those sufficient to present
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STATE OF DELAWARE
DIVISION OF DEVELOPMENTAL DISABILITY SERVICES
a complete and effective proposal are not desired. The State of Delaware's interest is
in the quality and responsiveness of the proposal.
10. Realistic Proposals
It is the expectation of the State of Delaware that vendors can fully satisfy the
obligations of the proposal in the manner and timeframe defined within the proposal.
Proposals must be realistic and must represent the best estimate of time, materials
and other costs including the impact of inflation and any economic or other factors that
are reasonably predictable.
The State of Delaware shall bear no responsibility or increase obligation for a vendor's
failure to accurately estimate the costs or resources required to meet the obligations
defined in the proposal.
11. Confidentiality of Documents
The State of Delaware and its constituent agencies are required to comply with the
State of Delaware Freedom of Information Act, 29 Del. C. 10001, et seq. ("FOIA").
FOIA requires that the State of Delaware's records are public records (unless
otherwise declared by FOIA or other law to be exempt from disclosure) and are subject
to inspection and copying by any person upon a written request. All proposals are
subject to FOIA's public disclosure obligations.
(Note: A FOIA request can be made via this link https://dhss.delaware.gov/foia/.
DHSS will comply with the request after the RFP has been awarded..)
The State of Delaware wishes to create a business-friendly environment and
procurement process. As such, the State respects the vendor community's desire to
protect its intellectual property, trade secrets, and confidential business information
(collectively referred to herein as "confidential business information"). Proposals must
contain sufficient information to be evaluated. If a vendor feels that they cannot submit
their proposal without including confidential business information, they must adhere to
the following procedure, or their proposal may be deemed unresponsive, may not be
recommended for selection, and any applicable protection for the vendor's confidential
business information may be lost.
In order to allow the State to assess its ability to protect a vendor's confidential
business information, vendors will be permitted to designate appropriate portions of
their proposal as confidential business information.
Vendor(s) may submit portions of a proposal considered to be confidential
business information in separate file(s) identified as "Confidential Business
Information" and include the specific RFP number. The file must contain a letter
from the vendor's legal counsel describing the documents in the file,
representing in good faith that the information in each document is not "public
record" as defined by 29 Del. C. 10002, and briefly stating the reasons that
each document meets the said definitions.
Upon receipt of a proposal accompanied by such separate file(s), the State of
Delaware will open the file to determine whether the procedure described
above has been followed. A vendor's allegation as to its confidential business
9

STATE OF DELAWARE
DIVISION OF DEVELOPMENTAL DISABILITY SERVICES
information shall not be binding on the State. The State shall independently
determine the validity of any vendor designation as set forth in this section. Any
vendor submitting a proposal or using the procedures discussed herein
expressly accepts the State's absolute right and duty to independently assess
the legal and factual validity of any information designated as confidential
business information. Accordingly, vendor(s) assume the risk that confidential
business information included in a proposal may enter the public domain.
12. Multi-Vendor Solutions (Joint Ventures)
Multi-vendor solutions (joint ventures) will be allowed only if one of the venture partners
is designated as the "prime contractor". The "prime contractor" must be the joint
venture's contact point for the State of Delaware and be responsible for the joint
venture's performance under the contract, including all project management, legal and
financial responsibility for the implementation of all vendor systems. If a joint venture
is proposed, a copy of the joint venture agreement clearly describing the
responsibilities of the partners must be submitted with the proposal. Services specified
in the proposal shall not be subcontracted without prior written approval by the State
of Delaware, and approval of a request to subcontract shall not in any way relieve
Vendor of responsibility for the professional and technical accuracy and adequacy of
the work. Further, vendor shall be and remain liable for all damages to the State of
Delaware caused by negligent performance or non-performance of work by its
subcontractor or its sub-subcontractor.
Multi-vendor proposals must be a consolidated response with all cost included in the
cost summary. Where necessary, RFP response pages are to be duplicated for each
vendor.
a. Primary Vendor
The State of Delaware expects to negotiate and contract with only one "prime
vendor". The State of Delaware will not accept any proposals that reflect an equal
teaming arrangement or from vendors who are co-bidding on this RFP. The prime
vendor will be responsible for the management of all subcontractors.
Any contract that may result from this RFP shall specify that the prime vendor is
solely responsible for fulfillment of any contract with the State as a result of this
procurement. The State will make contract payments only to the awarded vendor.
Payments to any-subcontractors are the sole responsibility of the prime vendor
(awarded vendor).
Nothing in this section shall prohibit the State of Delaware from the full exercise of
its options under Section IV.B.18 regarding multiple source contracting.
b. Sub-contracting
The vendor selected shall be solely responsible for contractual performance and
management of all subcontract relationships. This contract allows subcontracting
assignments; however, vendors assume all responsibility for work quality, delivery,
installation, maintenance, and any supporting services required by a
subcontractor.
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